CHAPTER 173. AN ACT appointing commissioners to run a dividing line between the counties of Campbell and Pendleton. 1854. Line between and Pendleton to be run. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James O'Hara, Jr., of Grant county, Campbell and Charles Lee, of Brookville, Bracken county, in conjunction with the county surveyors of Campbell and Pendleton, be and they are hereby appointed commissioners to run a dividing line between the said counties of Campbell and Pendleton; and that they report upon the same to the county court of each of said counties. Approved February 11, 1854. CHAPTER 174. AN ACT repealing all acts declaring Drake's creek a navigable stream. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the laws declaring Drake's creek, in Warren county, a navigable stream, be and the same are hereby repealed: Povided nevertheless, that if, at any time hereafter, any additional locks and dams shall be built on Big Barren river, by reason of which any mill or mills which may hereafter be built on Drake's creek shall be flooded, the owner or owners of such mill or mills shall not be entitled to recover any damages from the state, or from any private company who may be authorized to build This act shall take effect from and such locks and dams. after its passage. Approved February 11, 1854. CHAPTER 176. AN ACT to amend the 1st section of the 6th article of the Revised Statutes, entitled "Schools and Seminaries." Revised Statutes, 604. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the 1st section of the 6th article of chapter 88, of the Revised Statutes, entitled "Schools and Seminaries," as allows to judges, for holding elections for trustees in common school districts, one dollar for their services, be and the same is hereby repealed. 2. That no person except a commissioner, or a person residing in the district, shall be competent to act as judge of judge of elec of said election. Qualification tion. Approved February 11, 1854. 1854. $25,000 appropriated to finish building. not to be drawn. CHAPTER 182. AN ACT for the benefit of the Kentucky Institution for the Education of the Blind. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of twenty five thousand dollars be and the same is hereby appropriated to the Kentucky Institution for the Education of the Blind, to be paid to the order of the board of visitors of said institution, to enable them to inclose the edifice already commenced and finish the interior thereof, for the accomodation of the blind pupils of said school: Provided, that this appropriation is made upon the condition that the title to all the property, real, personal, and mixed, belonging to or in anywise pertaining to said institution, is and shall be vested in the board of visitors and their successors in office, in trust and for the use of the commonwealth of Kentucky: and, provided further, that said board of visitors shall report to the next General Assembly the amount of money paid out by them, and the balance in their hands unexpended, together with receipts taken by them for payments as herein authorized. § 2. Only so much of the above appropriation is to be Any surplus paid as will enable the board of visitors to complete the buildings and necessary inclosures of the grounds, and to construct proper fixtures for the comfort of the establishment, and it shall only be drawn from the treasury in such sums as the governor is satisfied are requisite, in the progress of the work; and if all is not required for the completion of the work, then the governor shall withhold the surplus. Approved February 11, 1854. Distillers may cense under cer retail without li tain restrictions CHAPTER 183. AN ACT for the benefit of distillers. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of all the laws of this commonwealth as requires distillers of ardent spirits to pay for and procure a license to sell the same, be and the same is hereby repealed; and that distillers shall hereafter have the privilege of selling spirits of their own manufacture in quantities not less than a quart, without a license so to do, but not to be drunk on the premises. Approved February 11, 1854. CHAPTER 210. AN ACT to declare certain streams in Pike, Floyd, Letcher, and Perry counties navigable. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Prather's creek, in Floyd county, from its mouth to Thomas Cecil's; John's creek, in Pike county, as far up as William Williams' mill; Shelby creek, in Pike county, as far up as the Long fork of the same; Russell's fork of Sandy river, in Pike county, to the Virginia state line, and Troublesome creek, in Letcher and Perry counties, from its mouth to Samuel Cornett's, be and they are hereby severally declared navigable streams, within the points designated. §2. That if any person shall obstruct either of the above named streams, within the above named points, they shall be amenable to the laws now in force against the obstruction of navigable streams: Provided, that nothing in this act shall authorize the removal of any mill-dams that may now be in or across any of the streams mentioned in the first section of this act, nor subject the owners of any mill-dams already erected on said streams to the penalties of this act. Approved February 18, 1854. CHAPTER 212. AN ACT for the benefit of the Kentucky Institution for the Education of the Deaf and Dumb. WHEREAS, it is represented to the General Assembly by Preamble. the Trustees of the Kentucky Institution for the Deaf and Dumb, at Danville, that the buildings of said institution are inadequate to the accommodation of the present and prospective number of pupils; that enlargements and repairs are needed to the same, and new fencing is needed around the grounds; and that the funds of the institution are insufficient to afford competent salaries to the instructors: And, whereas, the returns made by the assessors of tax, and by the United States census, show four hundred deaf mutes yet uneducated in Kentucky, the greatest part of whom are in extreme indigence, their parents being often. unable to pay their traveling expenses to the institution, and to clothe them while there. Therefore, $7.500 appro priation for ad. build. ings. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of seven thousand five hundred dollars be, and it is hereby appropriated to ditional the trustees of the said institution for the Deaf and Dumb, for the purpose of building an enlarged dining-room, a hospital for the sick, a kitchen and smoke-house, additional bed and servants' rooms, and for renewing the fencing around the grounds, and other necessary improvements. §2. That the first section of an act, entitled, "an act for 1854. Former appro the benefit of the Kentucky Institution for the Education. of the Blind," appropriating three thousand dollars annupriation applied ally for three years to said institution, approved March 4, 1850, which limitation was repealed by the fourth section of an act of the same title, approved January 7, 1852, be and the same is made applicable to the Kentucky Institution for the Deaf and Dumb, the trustees of which shall receive the same annual sum, to be applied to the further enlarging of the buildings as the increase of the number of pupils requires; to the keeping of the same, with the grounds, in repair; to the establishment and support of work-shops for instruction in the mechanical arts, for the male pupils; to the payment of the salaries of the instructors; the purchase of apparatus, maps, globes, and a library, and to furnishing a museum; and, in the discretion of the trustees, to the payment of the traveling expenses of the pupils to the institution; and to the furnishing of clothing in necessary cases. Fifth and sixth of 1852 made ap sections of act plicable. 3. That the fifth and sixth sections, also, of said act for the benefit of the Blind, approved January 7, 1852, be made applicable to the trustees and pupils of the Kentucky Institution for the Deaf and Dumb, and they shall enjoy the same privileges and advantages as are extended to the Institution for the Blind therein. Approved February 18, 1854. CHAPTER 218. AN ACT extending the terms of the Owsley Circuit Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Owsley circuit court shall be allowed twelve juridical days at each regular term of said court. Approved February 18, 1854. Secretary to be appointed by and chancery circuit courts. His duties. CHAPTER 219. AN ACT to appoint a secretary to the Jefferson circuit court and to the § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the judge of the Jefferson circuit court and the chancellor of the Louisville chancery court, in suits in which oral testimony is given to court and jury, to appoint some suitable person to attend the sittings of said courts, and at the request of both parties, to take down n writing the oral testimony given by witnesses on the trial of causes in said courts. § 2. It shall be the duty of the person appointed under the foregoing section, when both parties to a suit on trial shall request it, and have the request entered on the min ute book of said court, to take down the oral testimony of the witnesses examined on the trial, fully and accurately, and submit the same to the court and parties for inspection, and file the same with the clerk of the court, to be by him kept with the papers of the suit in his office, and the same, when ordered to be filed by the court, shall be taken and held to be all the oral testimony given on the trial of the cause; and in making up bills of exceptions in the case, the party excepting shall have the use of the testimony, and it shall compose part of the bill of exceptions. §3. It shall be the duty of the court to fix the amount of compensation for taking down the evidence in a suit, and make an order on both of said parties to pay for the same; and if an appeal, or writ of error, is afterwards prosecuted, the compensation for taking down the evidence shall be paid to the party who is successful in the appellate court, if he shall have previously paid the same. 1854. His compensa. tion. §4. The person appointed to take down the evidence Style of office. shall be styled the secretary of the court. He shall be a sworn officer of the court; and in all cases in which he has any interest, or is near of kin to either of the parties litigant, he shall not act in his capacity of secretary, unless by the consent of the parties, and a secretary pro tempore shall be appointed in his stead, sage. 5. This act shall take effect immediately after its pas Approved February 18, 1854. CHAPTER 220. AN ACT to suppress shooting in towns and cities. Shooting or discharging fire or city unlawful 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That shooting or discharging fire arms within the limits of any town or city of this commonwealth, arms in a town unless necessary or proper for the protection of person or property, shall be punishable by fine not exceeding sixteen dollars: Provided, that the trustees of a town, or municipal authorities of a city, may permit shooting outside of designated limits, or in designated places, or on particular occasions, which permission shall exempt the person shooting from punishment. By-laws of repealed. §2. That this act shall not repeal the by-laws of any or town not town or city to prevent shooting in its limits, and a conviction or acquittal under a prosecution for a breach of such by-laws, shall exonerate the party from prosecution under this act. 3 Approved February 18, 1854. |