1874. judge or county clerk of Fulton county, or the mayor and council, or the board of trustees of any city or town, to grant a license to any person or persons to sell wine, whisky, brandy, or any spirituous, vinous, or malt liquors, or any mixture thereof, within the limits or jurisdiction of Fulton county; nor shall it be lawful for any tavernkeeper, merchant, saloon, or coffee-house keeper, or keeper of billiard table, to sell, give, or loan such liquors in any quantities whatever, except it be for medical use, and then only upon the written certificate of a practicing Persons having physician: Provided, That any person who, in good faith and legally, may have obtained a license to retail spirituous liquors, as authorized by law, may continue to do so until the expiration of the time for which such license was granted. license may seil until license ex pires. Penalty. §2 That any person selling liquors in violation of the foregoing section shall be fined not less than one hundred dollars nor more than three hundred dollars for each offense; and any person giving or loaning in violation of said section shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense, to be recovered on an indictment of the grand jury of said county; the fines in all cases to be assessed by a jury, and in no case to be compromised or dismissed by Fines-how the Commonwealth's Attorney, or any other person. The fines thus recovered are to be collected as other fines now assessed and col lected. license druggists cine, upon giving this law. are. §3. That the county court of Fulton county may license County court to two or more druggists in said county to sell said liquors to sell as medi- for medicinal purposes, who shall execute bond, with bond to observe good security, in said court, that he will not violate any of the provisions of this act; that he will not sell, give, or loan such liquors, except under the written prescription of a regular practicing physician, who shall certify that it is necessary for medical purposes. Any person by breach may injured by a breach of said bond may sue thereon and recover such damages as such party may prove; and one recovery thereon shall be no bar to other suits by any party damaged. Person injured sue on bond, Physicians not to grant certificates to use liquors as beverage. § 4. That it shall not be lawful for any physician of said county to grant a certificate to any one for the purchase of any such liquors as a beverage, but only for use as a medicine; nor shall he grant such a certificate until he shall have taken an oath before the county judge or some take oath, and justice of the peace in said. county that he will, in good faith, conform to the provisions of this act; of the taking of such oath a record shall be made in the Fulton county court. Physicians to taking of oath to be recorded. 1874. All laws allowing licenses to be 5. That all laws or parts of laws, whether general or special, giving the county court or county judge or county court clerk of Fulton, or any mayor and council or board of trustees of any city or town, or any other person or granted repealed. persons in said county; power and authority to grant license to sell spirituous, vinous, or malt liquors, be, and the same is hereby, repealed. Act to be submitted to people. Regulations as tion. 6. This act shall take effect and be in force when ratified by a majority of the legal and qualified votes cast at an election, to be held at all the election precincts in said. county, as hereinafter provided, at which all legal voters shall be entitled to vote; and it shall be the duty of the to the said elecclerk of the county court in said county to prepare a poll-book for each election precinct or civil district in said county, making two columns on each page; at the head of the first column shall be written the words "For Prohibition," and in the other column " Against Prohibition;" and cause the said poll-books to be delivered to the officers appointed to hold said election; and the sheriff of said county is directed to give at least fifteen days' notice of said election by posting up, at least in two public places in each voting precinct, printed or written advertisements of the same; and the county judge of said county is directed to appoint suitable and proper officers to hold said election, who shall in all respects be governed by the laws now in force in reference to elections; and when the pollbooks are returned to the office of the county clerk, the examining board shall compare the same, and if it appears that a majority of the votes cast are for prohibition, the same shall be so certified by the board of examiners to the Fulton county court, and the county judge shall cause an order to that effect, as well as said certificate, to be entered on the order-books of said court, at its first term after said election. Upon petition county judge to notice. § 7. That, upon the petition of twenty-five bona fide citizens of said county to the county court of said county, order election on said county court shall direct the sheriff of said county to open and hold an election at all the voting places in said county, on such day as the county judge may designate, at least twenty days after making said order, for the purpose of taking the sense of the qualified voters of said county as to whether or not a license shall be granted to any person to retail spirituous, vinous, or malt liquors as a beverage in said county, in less quantities than one barrel; but said election shall not be ordered or held on the same day of any other election in said county. § 8. That in event at the first election held under this If prohibition fails, after one act a majority of the votes cast should be against pro- year may be hibition, the question may be again suomitted to the legal again submitted voters of Fulton county, by an order of the county court 1874. to be of full force. of said county, under the same regulations and requirements as herein before set forth; and if a majority of the If prohibition Votes cast in said last election should be for prohibition, carries, then act then this act shall be in full force and effect; but a second election shall not be ordered or held in less than one year after the first election, nor unless the petition therefor to the county court be signed by at least one hundred qualified voters of said county. Election to be held on three 9. That no election under this act shall be held until the same shall be thrice published in a newspaper having weeks' notice in the largest circulation in Fulton county, for three several newspaper. weeks immediately preceding said election. Petitioners to 10. That the expense of said publication, and all other pay expenses of expenses pertaining to said elections, shall be paid for by the parties petitioning the county court for the holding of the said elections. election, Approved February 16, 1874. Stock to be transassignment, de ferable by written livery, and record in association. CHAPTER 300. AN ACT regulating the transfer of stock in the real estate associations of Be it enacted by the General Assembly of the Commonwealth of § 1. That the stock certificates, or other evidences of the ownership of stock in said associations, shall be assignable and transferable by the written indorsement, and delivery thereof by the owner, and by a record of the assignment and transfer upon the books of the association. § 2. This act shall take effect from its passage. Approved February 16, 1874. County court to order election on hibiting sale of liquors. CHAPTER 301. AN ACT to prohibit the sale of spirituous, vinous, or malt liquors in Garnettsville, Meade county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the county court of Meade county, at its April term, 1874, shall order an election to be held by the question of pro- sheriff of said county on the first Saturday in May, 1874, within the precinct of Garnettsville; and to hold said election, said court shall appoint the place of voting, and appoint two housekeepers within said precinct to be judges of election, and a clerk of election; and the sheriff shall appoint a sheriff to attend said voting place; and 1874. Election to be said election shall be held, returns thereof made, and the poll-books examined in all respects as in other elections. At which election all persons who are legal voters shall held under genbe entitled to vote, and persons voting illegally at said eral laws. election shall be punished in the same manner as other illegal voters, under the laws of this State. § 2. At the election provided for in the preceding section, the voters shall be called upon to vote "for" or "against" the prohibition of the sale of liquor; and if a majority of votes taken shall be for the prohibition, it shall be unlawful for any one to sell, in less quantity than one barrel, any spirituous, vinous, or malt liquors within said. precinct: Provided, That any regular druggist may sell the same for medicinal purposes, upon the written prescription of a practicing physician. §3. That this act shall take effect from its passage. Approved February 16, 1874. Voters to vote "for" or against" pro hibition. CHAPTER 302. AN ACT to amend an act to incorporate the Louisville Cement and Waterpower Company, approved January 13th, 1866. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the second section of said act of incorporation of January 13th, 1866, be, and is hereby, so amended as to divide the capital stock of said company into shares of one hundred dollars each, instead of one thousand dollars, as provided in said act of incorporation. § 2. That this act shall take effect from its passage. Approved February 16, 1874. Shares of capital stock to be $100. CHAPTER 303. AN ACT for the benefit of Green Ridge Churches, in Logan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall not be lawful for any person or persons to sell spirituous, vinous, or malt liquors, or a mixture thereof, within one and a half miles of Green Ridge Churches, in Logan county. § 2. Any person violating this act shall be subject to all fines and penalties now imposed by law for unlawfully selling or dealing in spirituous or other liquors. §3. This act shall be in force from its passage. Approved February 16, 1874. Made unlawful to sell liquors within one and a harche half miles of Penalty. 1874. CHAPTER 304. AN ACT to amend an act, entitled "An act to establish tram-tracks or railways to navigable streams and railroads in Rockcastle county." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to establish tramtracks or railways to navigable streams and railroads in Rockcastle county," approved April 21st, 1873, be, and the same is hereby, amended by inserting after the words "navigable streams or railroad," in the fourth section of said act, the words "or coal or other mines.” § 2. This act shall take effect from its passage. Approved February 16, 1874. names. Name and style. AN ACT for the benefit of the Union Mills Turnpike Company. WHEREAS, The Union Mills Turnpike Company made a mortgage of its rights, credits, and franchises to Thomas J. Robison and others, to secure an indebtedness incurred in the construction of said turnpike, and said mortgage has been foreclosed; and at the judicial sale made of the same John E. Patton, Jas. H. Bronaugh, Geo. S. Mitchell, James M. Gregg. Elijah B. Muir, and Jacob McConathy became the purchasers thereof; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That John E. Patton, James H. Bronaugh, George Corporators' S. Mitchell, James M. Gregg, Elijah B. Muir, and Jacob McConathy, and their successors, are hereby created a body-corporate, and, under the name and style of the Union Mills Turnpike Company, may sue and be sued, Corporate contract and be contracted with, hold, enjoy, possess, sell, convey, and dispose of real and personal estate, not exceeding twenty thousand dollars in value. powers. § 2. That the original act incorporating the Union Mills Original act Turnpike Company, approved the 17th day of February, 1866, is hereby adopted as a part of this act. made applicable. County court § 3. That the county court of Jessamine county, a maand town of jority of the magistrates composing the court concurring, Nicholasville and the trustees of the town of Nicholasville, are author ized and empowered to subscribe and take stock in the company created by this act. may take stock. § 4. This act to take effect from and after its passage. Approved February 16, 1874. |