of the person or persons to whom the same is payable, if 1874. known, and whether they or either of them is a feme covert, infant, or idiot or lunatic. The clerk of the county court shall, immediately on the filing of such certificate in his office, issue a summons directed to the sheriff of the county of the residence of the owner of the land or having an interest, or is damaged by reason of the running of said line of road over the tract of land sought to be condemned, which summons shall command said sheriff to summon the person or persons named in said certificate filed in his office to appear in said court at its next term, if more than ten days shall intervene after the filing of said report and the next term of said court; if less than ten days, then the second term after the filing of said report, and show cause, if any, why said report shall not be confirmed, and the right of way condemned at the value and damages fixed in the commissioners' certificate. Said report shall be placed on the docket of said court and stand for trial at the next term after the service of summons shall be made for more than ten days. Summons shall be served in the same manner as now provided by law in equitable actions in circuit courts. the owner of the land taken, or any one having a use therein, shall be a non-resident, infant, or person of unsound mind, it shall be the duty of the court to appoint an attorney to defend for a non-resident, and guardian ad litem to defend for an infant or person of unsound mind, if there shall be any such interested, and certified by the commissioners as entitled to compensation. If an attorney or guardian be appointed, he shall file written exceptions to said report, which shall be formal, and the same shall stand for trial at the next term after the appointment of such attorney or guardian shall be made; and if the person summoned, as before herein required, shall appear and file exceptions to said certificate, it shall be the duty of the court to empannel a jury and proceed to try the same, and correct the damages allowed by the commissioners; but a postponement of the trial of said exceptions may be had for good cause shown. The jury and county court shall inquire of and ascertain the value of the land sought to be taken, and the damages to the use of the land taken, and the damages to the use of the balance of the tract over and above the advantages resulting to the balance of the tract by reason of having the road constructed through it. The finding shall state each item separately, and what part shall be paid to each party in interest in the matter, and judgment shall be entered up accordingly. May condemn stone or other materials as under § 9. Said company shall have the same right to have condemned, in the same manner as provided for in the preceding section 1874. preceding section, all necessary stone or other material for the construction of their line of road; but it shall not have the right to enter on the lands condemned, nor take the stone or other necessary material, until the assessed damages shall be paid the party entitled to receive the same, or deposited with the clerk of the county court where the proceedings are had. § 10. Nor shall said company have the right to have condemned more land than is necessary for the completion and maintenance of its lines of road. § 11. This act shall take effect and be in force from and after its passage. Approved February 23, 1874. CHAPTER 515. AN ACT for the benefit of T. D. Rutledge, of Daviess county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is Allowed $895 hereby, directed to draw his warrant on the State Treasurer in favor of T. D. Rutledge, of Daviess county, for the sum of eighty-three dollars and ninety-five cents ($83 95), for expenses incurred and paid by him in transporting Joseph Rutledge, a lunatic, to the Fourth Kentucky Lunatic Asylum. § 2. This act shall take effect from and after its pas sage. Approved February 23, 1874. stables to pay li CHAPTER 516. AN ACT for the protection of livery-stable keepers in the town of Milton, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful for any person in the Keepers of livery town of Milton, in the county of Trimble, to let or hire out any horse, buggy, carriage, or other vehicle, for the transportation of persons, until he shall have paid into the treasury of said town the sum of ten dollars as a license. cense. Penalty. § 2. That any person violating any of the provisions of the preceding section shall be liable to a fine of not less than two nor more than five dollars, to be recovered be fore the police judge of said town, or any justice of the peace residing therein. § 3. This act shall take effect and be in force from and after its passage. Approved February 23, 1874. 1874. CHAPTER 517. AN ACT for the benefit of the sheriff of Daviess county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Allowed further time to file delin § 1. That the sheriff of Daviess county shall have the further time until the second Monday in April, 1874, in quent list for 187; which to report an additional list of revenue delinquents for the year 1873. § 2. Provided the securities of the said sheriff shall consent, in open court, to remain bound, and to take no advantage of the delay herein granted. §3. This act to take effect from and after its passage. Approved February 23, 1874. CHAPTER 518. AN ACT to prevent trespass in Madison county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Penalty for trespassing on lands § 1. If any person shall willfully cut down, impair, or destroy any tree on the land of another person, or with- or crops. out the consent of the owner pull down the fence, or destroy or impair, or carry away the vegetables, fruit, or any part of the crop, whether it be severed or not from the ground, shall be fined not less than ten nor more than fifty dollars, or imprisoned in the county jail not less than five nor more than twenty days, or both so fined and imprisoned. §2. If any person shall hunt upon the land of another without his or her consent, he shall be fined not less than ten nor more than twenty-five dollars for each offense, or imprisoned not less than five nor more than twenty days, or both so fined and imprisoned. Penalty for Luntowner's consent. ing without ferred on county court. 3. For any violation of this act, jurisdiction is hereby Jurisdiction conconferred on the county judge, police judges, and any justices of the peace of Madison county. §4. This act shall only apply to the county of Madison, and shall take effect from and after the first day of May, 1874. Approved February 23, 1874. 1874. Allowed $83 04. CHAPTER 520. AN ACT for the benefit of A. Graham, of Clinton county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be directed to draw his warrant on the Treasurer for the sum of eighty-three dollars and four cents ($83 04) in favor of A. Graham, of Clinton county, committee of James E. McDowell, pauper lunatic, for conveying said lunatic to the Fourth Lunatic Asylum and back to Clinton county, the Superintendent of said Asylum refusing to receive said lunatic. § 2. That this act take effect from and after its pas sage. Approved February 23, 1874. CHAPTER 522. AN ACT to amend an act, entitled "An act to amend the charter of the Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section three of an act to amend the charter of the Shelby and Oldham Turnpike Road Company be so amended as to require the present stockholders in said turnpike road, and their successors, to work on and keep in order said road; and said stockholders and their successors shall not be required to work on any other road: Mrs. Thomas Vincent's hands, and those living on the farm, are included. §2. This act to take effect from and after its passage. Approved February 23, 1874. years to settle up business. CHAPTER 523. AN ACT for the benefit of T. W. Samuels, late sheriff of Nelson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That T. W. Samuels, late sheriff of Nelson county, Allowed two by and with the consent of his securities, given in open court, shall be allowed two years' additional time, as now provided by law, in which to collect, settle, and wind up his business as sheriff of Nelson county. It is further provided that said T. W. Samuels shall have full power and authority, during the year 1874, to return a delinquent list for county liens for the year 1868; and said delinquent list, when accepted by the county court of Nelson, shall be legal and binding. § 2. This act to take effect from and after its passage. Approved February 23, 1874. 1874. CHAPTER 526. AN ACT to regulate and make uniform the jurisdiction of police officers in the counties of Webster and Monroe. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the police judges and town marshals of all incorporated towns in the counties of Webster and Monroe, shall only have jurisdiction within the corporate limits of the respective towns of said incumbents. § 2. All acts or parts of acts in conflict with this act are hereby repealed. § 3. That this act shall take effect from and after its passage. Jurisdiction con fined to limits of respective towns. Approved February 23, 1874. CHAPTER 527. AN ACT to amend an act, entitled "An act to incorporate the town of Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to incorporate the Boundary of town town of Providence, in Webster county," approved February 17th, 1871, be, and the same is hereby, so amended that section first shall read, viz: that the town of Providence, in Webster county, be, and the same is hereby, incorporated; and the town limits shall commence at J. O. McKinstry's new dwelling, running thence south to the railroad; thence with railroad survey to the well at the William Head old tanyard; thence to a building known as the "Bowling" house; thence to A. G. Laughlin's; thence to the beginning; furthermore, that the occupants of, and the lots belonging to the foregoing boundary line, shall be included in the incorporation. Trustees to license liquer sel §2. The board of trustees of said town shall have power to tax hotel-keepers to sell liquors by the drink not less lers. than fifty nor more than two hundred dollars for each year, in addition to the tax now required by law; and the county court shall have no power to grant license 10 any hotel-keeper in said town to retail spirituous or |