of a portion of the citizens of this Commonwealth in their attempts to bring to market valuable products, such as coal, timber, and iron ore; and believing that a judicious and proper expenditure in removing the obstructions will greatly improve the navigation of said river, and that it can thereby be made safe and reliable for a large portion of the year for coal-barges and rafts; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: $1. That the sum of four thousand dollars is hereby appropriated, to be paid out of any money in the public Treasury not otherwise appropriated, to be expended as hereinafter provided in the removal of obstructions, and in the improvement of the navigation of the Rockcastle river and its forks, from a point in said river at Livingston Station, on the Knoxville Branch of the Louisville and Nashville Railroad, up to the mouth of the Middle Fork, and up said Fork to the mouth of Indian creek, and from the main river up the South Fork to the mouth of Pond creek, the expenditure of which shall be superintended by commissioners to be named, and on conditions hereinafter set forth. § 2. That Isaac J. Faubus, Joseph F. Baugh, and Wm. L. Mullins, are hereby appointed commissioners, whose duty it shall be to lay off said river and its forks into three or more sections, and to let out the work in said sections to the lowest responsible bidder or bidders. The party or parties contracting to do the work shall be required to give bond and security, payable to the Commonwealth of Kentucky, that the work shall be done in proper manner, and in the time required by the contract; but before the letting of contracts, it shall be the duty of the commissioners to give at least fifteen days' notice of the same, by posting written or printed notices upon the court-house doors of Rockcastle, Laurel, and Jackson counties, and by posting at least three written or printed notices at the most public places in the vicinity of the sections of work to be let; and the letting shall be either by sealed proposals for said work, the commissioners reserving to themselves the right to reject any or all of said sealed proposals, or publicly, on a county court day, at the court-house door in the town of London and county of Laurel. § 3. That all contracts letting out the work under this appropriation shall be executed in duplicate writings, and signed by at least two of the commissioners and the party or parties so contracting; and it must be expressly stipulated that all work, when done, must be approved by the said commissioners, in writing, and paid for when thus approved by duplicate vouchers drawn on the Auditor of Public Accounts, executed by two or more of the commissioners, which vouchers must give the name of the contractor, and indicate the section and kind of work performed for which it is given in payment. It shall be the duty of the commissioners to forPUB. L.-2. 1874. 1874. ward the original of said voucher to the Auditor of Public Accounts, who shall file the same in his office, and when the duplicate is presented to the said Auditor of Public Accounts, he shall draw his warrant on the Treasury in favor of the holder of said duplicate voucher for the amount of the same, and the Treasurer shall pay the same out of the fund appropriated by the first section of this act. 4. It shall be the duty of the commissioners to visit the localities as the work is progressing, and especially to be present at the letting and closing of contracts; and in no case are they to pay for any portion of the work in advance. Their own per diem and expenses shall be payable quarterly, which payment shall be made by duplicate vouchers drawn upon the Auditor of Public Accounts, as herein before specified in case of contractors, which vouchers must designate each and every expense incurred, and on what account. § 5. The pay of said commissioners shall be three dollars per day, and all necessary expenses while on duty; and they are required to report to the next session of the General Assembly the progress of the work. § 6. That before the said commissioners shall enter upon the discharge of their duties, they shall execute bond, payable to the Commonwealth of Kentucky, with approved security, in the clerk's office of the Laurel county court, for the faithful discharge of their duties under this act; and they shall each take an oath, before entering upon the discharge of their duties, to honestly, faithfully, and impartially discharge the same. § 7. This act shall take effect from its passage. Approved February 3, 1874. utes, page 281. CHAPTER 163. AN ACT to amend chapter twenty-eight, article five, section five, title "Courts" of the General Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That chapter twenty-eight, article five, section five, See General Stat- title "Courts," of the General Statutes, be, and the same is, so amended as to insert the words "and chancery" after the word criminal," in the sixth line of that part of said chapter which regulates the holding of courts in the Tenth Judicial District, so that a criminal and chancery term shall be be held in Madi- held in Madison county on the fourth Monday in June of each year, and continue six days. Criminal and chancery court to sen county. § 2. This act shall take effect from its passage. CHAPTER 165. AN ACT to amend an act, entitled "An act for the benefit of keepers of licensed stud-horses, jacks, and bulls. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1874. sion of 1871-'2, § 1. That an act, entitled "An act for the benefit of keepers See Public Acts of licensed stud horses, jacks, and bulls, which became a law of adjourned sesApril 15th, 1873, shall be amended by adding the following page 41. proviso to the first section thereof: And provided further, That proceedings to enforce such lien shall be commenced within twelve months from the birth of such offspring. §2. This act and the one to which it is an amendment shall apply to the county of Logan. 3. This act to be in force from its passage. Approved February 3, 1874. CHAPTER 176. AN ACT to amend chapter ninety-two, article ten. section two, title "Revenue and Taxation," of the General Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: $1. That chapter ninety-two, article ten, section two, title "Revenue and Taxation," of the General Statutes, be, and the same is, so amended as to insert, 20th day of January in the last line of section two of said article and chapter, in lieu of 10th day of January, and in the eighth line of said section twenty days in lieu of ten days. §2. This act shall take effect from its passage. Approved February 3, 1874. See General Statutes, page 740. CHAPTER 180. AN ACT to amend and continue in force an act, entitled "An act for the benefit of keepers of licensed stud-horses, jacks, and bulls," which became a law April 15th, 1873. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act for the benefit of keepers of licensed stud-horses, jacks, and bulls," which became a law April 15th, 1873, be, and same is hereby, continued in force, except that so much thereof as provides that the provisions of said act shall not apply to the counties of Crittenden, Breckinridge, Hopkins, and Caldwell, be, and same is hereby, repealed; and hereafter the provisions of said act shall apply to said counties. § 2. This act shall take effect from its passage. See Public Acts of the adjourned page 41. session of 1871-2, 1874. See General Statutes, page 248. L CHAPTER 186. AN ACT to amend chapter twenty-two of the General Statutes, title "Contracts." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That chapter twenty-two of the General Statutes, title "Contracts," be, and the same is, amended by adding thereto the following section as section twenty-two, to wit: All state. ments or descriptions in any application for or policy of insurance shall be deemed and held representations and not warrantees, nor shall any misrepresentation, unless material or fraudulent, prevent a recovery on the policy. § 2. This act shall take effect from its passage. Approved February 4, 1874. utes, page 484. CHAPTER 187. AN ACT to amend section nineteen, chapter forty-two, of General Statutes Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section nineteen, chapter forty-two, of the General Statutes, be so amended as to read as follows: Any one See General Stat- who shall, for reward or without reward, transport any person or thing across a water-course from or to a point within one mile of an established ferry, unless it be the owner of an established ferry on the other side of the Ohio or Mississippi river so transporting to such point on this side; and any owner or lessee or servant of the owner of a ferry on the other side of either of these rivers, or any other person, who shall so transport from this side, with or without reward, Penalty for trans- shall forfeit and pay to the owner of the nearest ferry the across the Ohio or Sum of sixteen dollars for every such offense, recoverable Mississippi river before a justice of the peace; but this section is not intended of an established to apply to any bona fide owner of a skiff or other watercraft, who may transport their property and families without incurring the forfeiture herein prescribed. porting persons within one mile ferry. § 2. This amendment shall only apply to the ferries at Carrollton, Carroll county. § 3. This act shall take effect thirty days after its approval. Approved February 4, 1874. CHAPTER 188. AN ACT to amend chapter forty-nine of the General Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That in addition to the allowances, as provided for in See General Stat- the fifth section of chapter forty-nine of the General Statutes, the officer conducting a convict to the Penitentiary, utes, page 510. or conveying a prisoner or person from one county to an 1874. other, shall be allowed three dollars per day for his services, and the actual and necessary expenses paid for himself and the guards in going to or returning from the Penitentiary or cer for conveying county as aforesaid. §2. That this act shall cover all cases of officers and guards for services rendered, as provided in the first section of this act, since December 1, 1873. §3. This act shall take effect from its passage. Additional allowance to offi convicts to Penitentiary. Approved February 4, 1874. CHAPTER 189. AN ACT to amend chapter number seventy-five of the General Statutes, entitled "Master Commissioner, Receivers, and other Commissioners in Equity." Be it enacted by the General Assembly of the Commonwealth of Kentucky: Judge to supply vacancy &c., in vacation. of commissioner, §1. That chapter seventy five of the General Statutes of See General StatKentucky, title Master Commissioner, Receivers, and other utes, page 656. Commissioners in Equity," be, and the same is amended as follows, to-wit: When the office of commissioner or receiver of any court of this Commonwealth shall become vacated by the death, resignation, or removal from the county, of the incumbent, in vacation, it shall be lawful for the judge of such court to fill or supply such vacancy by the appointment of another commissioner or receiver, in vacation, which appointment shall, at the next term of said court, be entered of record. $2. When any person shall be appointed commissioner or Commissioner to receiver of any court, as provided for in the first section of this act, he shall, before entering on the discharge of his duties, take the oath and execute bond, with good security, as required by sections two and three of chapter seventy-five of the General Statutes, which oath must be administered and bond approved by the clerk of such court, and reported to the next term of the court, and entered on the record. $3. When any person shall be appointed and qualified as herein provided for, he shall have full power to perform all the duties of master commissioner or receiver of such court, and may use any proof which may have been reduced to writing and signed by his predecessor, and may execute any order of court or judgment which it was the duty of his predecessor to have executed, and which remains unexecuted in consequence of the death, resignation, or removal from the county of such former incumbent: Provided, That in all such cases the reasons for his acting must be stated in his report. 8. That this act shall take effect from its passage. Approved, February 4, 1874. take oath and execute bond. Powers and duties of commissioner. |