term of the Marion circuit court of each year shall have jurisdiction to try and determine only chancery and criminal cases. § 2. This act to be in force from and after its passage. Approved February 13, 1874. 1874. CHAPTER 273. AN ACT regulating the practice in suits under section twelve of the city charter of Louisville, and amendments thereto. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That in any suit or action which may be hereafter brought to enforce payment of any warrants for the cost of the improvements of the whole or any part of any public way of the city of Louisville, under section twelve of the charter of said city, or any amendment thereto, it shall be lawful for the plaintiff to prepare and try his action or suit as to the person or persons or property mentioned in any one of said warrants, notwithstanding said action may not be ready for trial as to other defendants; and such unreadiness shall be no ground for continuance or delay by any defendant as to whom said action is otherwise ready. § 2. This act shall take effect from its passage. Approved February 13, 1874. Actions may be proceeded with against one deregard to readiness of others. fendant without CHAPTER 274. AN ACT to amend an act to amend and reduce into one the several acts concerning the management of the Wilderness Turnpike Road, approved April 21st, 1873. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That an act to amend and reduce into one the several acts concerning the management of the Wilderness Turnpike Road, approved April 21st, 1873, be so amended as to permit the toll-gate to be kept anywhere on said road, from Cumberland Gap to Barbourville, to suit the purchaser. § 2. That one half the net proceeds of said gate be applied to the payment of the outstanding indebtedness of the gate, instead of two thirds, as now provided by law, and that the other half thereof be applied to the building of bridges and other improvements on the road. 1874. lay off road in overseers, &c. require road hands to work on road. Penalty for fail ing to work road. § 3. That the county judges of Bell, Knox, and Laurel shall lay off the road in their respective counties into County judges to convenient districts, not to exceed six miles in length, and districts, appoint appoint an overseer in each district by the April term of their respective county courts, 1874, and every year Overseers shall thereafter, who shall require all persons subject to work on county roads residing on or within one mile of said road, measured on a straight line from the road in dispute, to work on the same, not exceeding six days in any one year, and shall furnish suitable tools for that purpose; and if any person subject to work on said road shall fail or refuse to work on said road, or furnish an able-bodied substitute to work in his stead, after having at least two days' previous notice of the time and place of meeting to work, shall be fined two dollars and filty cents for each day he fails or refuses to work or furnish such tools, which may be recovered by warrant before a justice of the peace in the name of the Commonwealth, one half the amount to go to the informer, the remainder to be applied to the improvement of the road. That the Overseers shall be subject to the same pains and penalties for a failure to perform their respective duties under this act as surveyors of the public highway for a failure to perform their duties, to be recovered in the same man Pains and penal ties on overseers for failure to discharge duties. Regulations in regard to com seers. ner. § 4. That said overseers shall be allowed nothing for their services aforesaid; but shall be allowed a reasonpensation of over able compensation, not to exceed one dollar per day, for his services in employing hands and working on his district of the road, when done by order of his county court; but he shall not in any one year expend on his part of the road more than the proportionate amount due that part of the road. Citizens of certain counties to pay half tolls. County judges of certain to have jurisdiction parts of said turnpike. § 5. That all persons residing in the counties of Laurel, Clay, and Jackson, who travel on the Crab Orchard fork of the Wilderness Turnpike Road, from the forks of the road at John Pitman's to Livingston Station, or over any part of same in vehicles, or haul in wagons over same, shall pay one half toll at the gate on said road, they not traveling over more than one half the road. The toll on stock and persons traveling on horseback over said road from the counties aforesaid shall remain as now fixed by law. § 6. That section ten of the act to which this is an amendment be, and the same is hereby, repealed. That hereafter the judge of the Laurel county court shall have jurisdiction over that part of the Crab Orchard fork of the Wilderness Turpike Road that is included in Laurel county, between the forks of said road, at John Pitman's, and Rockcastle river; and the judge of the Rockcastle county court shall have jurisdiction of said road from the Laurel county line at Ben. Goodin's to the end of the road near Crab Orchard. 1874. Judges of Laurel and Rockcastle off road and ap counties to lay point overseers. §7. That the county judges of Laurel and Rockcastle shall each have power, and it shall be their duty, to lay off said road into convenient districts or sections, and ap point overseers on each district of the road in their respective counties, whose duty it shall be to require all persons, who by existing laws are required to work on work said road. said road, to work on same, not exceeding six days in any one year, under the like pains and penalties as stipulated in section three of this act. § 8. That the gate-keeper shall pay over to the county judge of Laurel county three fourths of the proceeds of said gate, or of the amount that he agrees to pay for same, to be expended in improving that part of the road between the forks thereof at Jolin Pitman's, in Laurel county, and Livingston Station, in Rockcastle county, as nearly all the money is taken in on that part of the road; but before any money shall be paid over to said county judge he shall execute a bond, with approved security, in the sum of fifteen hundred dollars, for a faithful discharge of his duties under this act, and a faithful application of the proceeds of the gate for the best interest of the road, and shall take an oath to the same effect. The bond shall be executed and the oath taken before the clerk of the Laurel county court, and recorded in the order-book of said court. § 9. Nothing in this act shall be construed to refer to the Madison fork of the Wilderness Turnpike Road, or the toll-gate situated thereon. § 10. All acts and parts of acts in conflict with this act are hereby repealed. § 11. This act shall take effect from and after the 20th day of July, 1874. Overseers to re quire hands to How gate-keeper ceeds of tolls. to dispose of pro County judge to execute bond and security for faith ful discharge of duty. Approved February 13, 1874. CHAPTER 275. AN ACT for the benefit of Charles N. Hoskins, sheriff of Powell county. WHEREAS, Charles N. Hoskins, sheriff of Powell county, in consequence of continued ill health, has been prevented from collecting the revenue due from said county in full, there being a balance of nine hundred and thirty dollars and ninety-eight cents yet due on said revenue; therefore, 1874. time to pay revenue for 1873. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That said Charles N. Hoskins, sheriff of Powell Allowed further county, have the further time until the first day of July," 1874, in which to collect and pay into the Treasury the revenue due from Powell county for the year 1873: Provided, The said Hoskins shall pay said revenue into the Treasury as fast as he collects the same, in sums of not less than one hundred dollars, and that he make affidavit and file with the Auditor, on or before the first of July, 1874, that he has not loaned or speculated on any part of said revenue due from Powell county for the year 1873: And provided further, That the securities of said sheriff shall, in writing, consent to the extension of time in the county court of Powell. Sureties to con sent to extension. § 2. This act shall take effect from its passage. Approved February 13, 1874. Time until August 1st, 1874, given railroad to accept and comsubscription of ply with terms of stock. CHAPTER 276. AN ACT limiting the time of acceptance of a proposition by Metcalfe county to subscribe stock to the Cumberland and Ohio Railroad Company. WHEREAS, Under the provisions of the charter of the Cumberland and Ohio Railroad Company, the Metcalfe county court did, on the 31st day of December, 1869, order an election in said county upon a proposition to subscribe stock to said railroad; and on the 22d day of January, 1870, said election was held and resulted in favor of the proposition to subscribe stock to said road when certain conditions were complied with by said railroad company; and whereas, three years have now elapsed since said proposition was made to said company, and they have failed to comply with the conditions upon which the prop osition was made; now, therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That unless the Cumberland and Ohio Railroad Company shall, on or before the first day of August, 1874, comply with the conditions of the proposition by Metcalle County to subscribe stock to said railroad, made by vote of the people of said county under an order of the county court of said county, made and entered of record on the 31st day of December, 1869, and accept said proposition in accordance with the terms of said order, then and thereafter said order, and the election held thereunder, shall be considered and held void and of no effect, and the proposition of said county to subscribe stock with drawn. Approved February 13, 1874. CHAPTER 277. AN ACT for the relief of the sheriff of Hancock county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1874. Sheriff released from damages on enue of 1871. § 1. That the Auditor be, and is hereby, directed to draw his warrant in favor of G. W. Taylor, sheriff of judgment for revHancock county, on the Treasury for two hundred and thirty-four dollars and eighty-eight cents ($234 88), which amount was paid by said sheriff into the Treasury, being five per cent., under act 22d March, 1871, on revenue which said sheriff failed to pay in by the 1st of April, 1872. Released from damages on rev § 2. That Geo. W. Taylor, sheriff as aforesaid, is hereby released from the payment of three hundred and twenty- enue of 1872. nine dollars and two cents ($329 02), being amount charged against said sheriff on account of revenue of 1872 not paid into the Treasury by the 1st of April, 1873, under act of 22d March, 1871: Provided, however, That said sheriff of Hancock county shall first satisfy, by the same statement of himself and deputies, the Auditor, that the said five per cent. has not been collected by himself or deputies from the tax-payers of said county, and that the relief hereby granted shall only apply to that part of said five per cent. that has not been collected from said taxpayers. § 3. That the amount of two hundred and sixty-three dollars and fifty-two cents ($263 52), being damages adjudged against said sheriff in the Franklin circuit court in favor of the Commonwealth of Kentucky upon revenue of 1872, be, and the same is hereby, remitted, and the said sheriff is hereby released from the payment of said damages. § 4. This act to take effect from and after its passage. Approved February 13, 1874. Judgment for damages released. CHAPTER 278. AN ACT for the benefit of J. W. Shelby and wife, of Lincoln county. WHEREAS, The records of the Auditor's office show that J. W. Shelby, sr., of Lincoln county, was assessed, for the year 1871, with one hundred and forty-six acres of land, in Lincoln county, valued at seven thousand dollars ($7,000), for himself, and with one hundred and forty acres for his wife, valued at seven thousand dollars ($7,000), when in reality said Shelby and wife owned only one hundred and forty acres of land between them; and whereas, said Shelby and wife did pay taxes for the year |