had not passed; and said company shall be entitled to all the benefits of said final judgments, and have the same executed against it in all respects as if the name had never been changed: Provided, That nothing herein contained shall be construed to authorize or permit the company under its new name to take up or discontinue, or fail to keep in complete repair and running order, the present road from Elizabethtown to Paducah, and especially between Elizabethtown and Cecellia, from which latter point an extension or branch road is now in course of construction to the city of Louisville, by way of West Point, in Hardin county; nor shall this change in anywise affect any indebtedness created by the Elizabethtown and Paducah Railroad Company; nor any bond or bonds issued by any city, county, or town in aid of said Elizabethtown and Paducah Railroad Company; nor any mortgage or mortgages executed by said company toward the construction and completion thereof. § 2. That the board of directors of said company may elect vice presidents, and prescribe their duties and compensation. § 3. This act shall take effect from its passage. 1874. Approved February 23, 1874. CHAPTER 450. AN ACT to extend the common pleas court of Warren county to the counties of Butler, Edmonson, and Muhlenburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Common pleas court established. 1. That an act, entitled "An act to establish a court of common pleas for the county of Warren," approved March 10, 1869, is hereby made applicable to the counties of Butler, Edmonson, and Muhlenburg; and there shall be established in said counties a court to be known as the court of cominon pleas of said counties respectively, with exclusive power, jurisdiction, and authority to hear Jurisdiction and and determine all common law actions and motions in said counties, as was given by the act aforesaid to the aforesaid court in the county of Warren. § 2. On the first Monday in August, 1874, and on the same day every sixth year thereafter, an election shall be held in said counties of Warren, Butler, Edmonson, and Muhlenburg, for the election of a judge of said court, who shall enter upon his office on the second Monday thereafter, and continue in office for six years, and receive a salary of twenty-five hundred dollars ($2,500), payable out of the Treasury in the same manner as the powers. When judge to be elected-term of office, and salary.. 1874. made applicable. Special terms. salary of a circuit judge. The election provided for in this act shall be conducted in all respects as an election for judge of the circuit court. § 3. All the provisions of section five, section seven, General Statutes and section eight, of article ten, in chapter twenty-eight, of the General Statutes, except so far as the same confers equity jurisdiction upon courts of common pleas, are hereby made applicable to the court established by this act. Article seven of chapter twenty-eight of the General Statutes, in reference to the election of special judges, shall be applicable to the judge of said court. Special terms for the trial of causes may be held in either of said counties, which terms may be called in the manner provided by law in relation to special terms of circuit courts. § 4. The terms of said court shall be as follows: In the Terms of court-county of Warren, one term beginning on the second number of juridi- Monday in April, and continuing twenty-four judicial days, if the business shall require it; one term beginning on the second Monday in October, and continuing twenty-four judicial days, if the business shall require it. when held and cal days. In the county of Butler, one term beginning on the second Monday in March, and continuing six judicial days, if the business shall require it; one term beginning on the second Monday in September, and continuing six judicial days, if the business shall require it. In the county of Muhlenburg, one term beginning on the fourth Monday in January, and continuing eighteen judicial days, if the business shall require it; one term beginning on the third Monday in July, and continuing eighteen judicial days, if the business shall require it. In the county of Edmonson, one term beginning on the third Monday in May, and continuing six judicial days, if the business shall require it; one term beginning on the third Monday in November, and continuing six judicial days, if the business shall require it. § 5. After the election and qualification of the judges Court to have as provided by this act, the common pleas court for the law counties of Warren, Butler, Edmonson, and Muhlenburg now pending in respectively shall have jurisdiction, exclusive of the cir juris diction of com mon circuit court. pleas court is or court to transfer causes. cuit court in said counties, of all common law actions and motions; and the common law actions and motions now pending in the circuit courts of the counties aforesaid shall be disposed of as provided by this act. § 6. It shall be the duty of the circuit court in the After common counties of Butler, Edmonson, and Muhlenburg, at the ganized, circuit close of the first term after the organization of the court created by this act, to make orders transferring to said common pleas court so many of the common law causes left undisposed of in said circuit court; and the causes thus transferred shall be entered upon the docket of said common pleas court, and tried as if originally brought therein. This act shall not be so construed as to deprive the circuit courts of the counties of Butler, Edmonson, and Muhlenburg of any jurisdiction, until after the election and qualification of the judge of the common pleas court, as provided by this act. § 7. All laws or parts of laws conflicting with the provisions of this act are hereby repealed. § 8. This act shall take effect from and after its passage. 1874. Approved February 23, 1874. CHAPTER 451. AN ACT to incorporate the Woodford Driving Park. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Corporators' names. Corporate § 1. That R. Ward Macey, Peter I. Railey, Gus Macey, and J. B. Shockency, be, and are hereby, created a bodypolitic and corporate, with perpetual succession, under Name and style. the name of the Woodford Driving Park; and by that name may contract and be contracted with, may sue and be sued, in all courts in this Commonwealth; may have and adopt a common seal, alter and change the same at pleasure; may purchase and own grounds and stables and real estate to such an extent as their wants may require in the prosecution of the objects of said company and association. § 2. The said Woodford Driving Park shall have all the rights, privileges, and powers, so far as the same are applicable, which pertain to Woodlawn Association, of Jefferson county, Kentucky. powers. Rights of Wood lawn Association made applicable. When and how association may 3. Said association may organize by holding a meeting of the corporators herein, at such time and place as organize. may be determined upon; and at such organization may elect three or more of their number as directors, who shall elect a president and other officers of said association, such as secretary, treasurer, and all others which they may, from time to time, deem necessary for the successful prosecution of their business. Directors to make all by-laws § 4. The board of directors shall have power to adopt and provide all by-laws, rules and regulations, for the control affairs. government of the affairs of said association: Provided, The same are consistent with this charter and the laws of the State and United States. The management of the affairs of said association shall belong to the board of directors, who, after the first election, shall be annually chosen by the stockholders of said association, or if not 1874. scriptions to capi then chosen, an election may be ordered by the board, twenty days' notice being first given in some paper published in the town of Versailles. § 5. The board may order books opened for subscripMay receive sub- tion of stock, the shares of which shall be determined by the board, as well as the amount which each share shall represent: Provided, The capital stock shall not exceed ten thousand dollars. tal stock. transfers of stock § 6. Said board shall have power to make all necessary May regulate regulations for the issuing and transferring stocks, and shall prescribe the mode of voting by proxy; and each stockholder shall be entitled to as many votes as he owns stock; and said stocks shall be considered as personal property. § 7. The Legislature reserves the power to alter, amend, or repeal this act in any and every particular. § 8. This act shall take effect from its passage. Approved February 23, 1874. to sell, give, &c., days. CHAPTER 453. AN ACT to prohibit the sale, gift, loan, or procurement of spirituous, vinous, or malt liquors on election days in the county of Greenup. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful for any person to sell, Made unlawful give, loan, or otherwise procure for a voter of Greenup liquors onelection county, any spirituous, vinous, or malt liquors, or any mixture thereof, on any election day held under the laws of .the United States or of this State, county, city, or town, or ordinance, at any place within the boundaries of the district wherein the election is being held, with the intent to have the same drank by the voter, or which shall be drank by such voter or any one else on the day of such election. Exemptions. Physicians only togive certificates in actual sickness Penalty. § 2. That the provisions of this act shall not apply to sales or shipments by manufacturers or wholesale dealers, who, in the usual course of trade and in good faith, sell or ship such liquors by the wholesale, nor to druggists, for medical purposes, upon the written prescription of practicing physician bona fide given. §3. That it shall be unlawful for any physician to give any person entitled to vote at any election herein referred to a prescription for any spirituous, vinous, or malt liquors, or any mixture thereof, except in case of actual sickness of the person prescribed for. § 4. That for any violation of the provisions of this act, the person so violating shall be fined in any sum not less than ten nor more than fifty dollars for each and every offense, to be recovered by indictment or in the courts of justices of the peace. 5. That this act shall take effect from and after its passage. Approved February 23, 1874. 1874. CHAPTER 454. AN ACT to incorporate the Milton Baptist Church, of Trimble county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Corporators' names. Name and style. §1. H. W. Gossom, S. D. McIntyre, and John A. Netherland, and their successors in office, be, and they are hereby, created a body-corporate and politic, by the name and style of the " Milton Baptist Church of Trimble county" and in that name to have perpetual succession, with all the powers incident to corporations, for the purpose of suing and being sued, pleading and being impleaded, so far as may be necessary to protect the rights, title, property, privileges, possessions, and immunities of said church powers. which now does or may hereafter belong to the same. 2. That it shall be lawful for said church to acquire and hold real estate, as well as personal property; and to make investments for the use and benefit thereof to such amount and to such value and character as to said trustees may seem necessary, or most expedient for the interests of said church: Provided, That the whole amount shall be vested in church property. Corporate May acquire and sonal estate. hold real and per Property exempted from tax § 3. That no real estate so acquired and held by said church, and no investment made for or devoted to the tion. use and benefit of said church, shall at any time be subject to any taxation or assessment for State or town purposes whatsoever: Provided, however, That the property and investments of said church so held exempt from taxation or assessment shall not exceed in value and amount the aggregate sum of twenty thousand ($20,000) dollars, according to a fair cash valuation. tees, how filled § 4. That whenever vacancies may occur with said trus- Vacancies in trustees, it shall and may be lawful for them to be filled pursuant to the discipline and rules of said church; and the General Assembly of this Commonwealth hereby reserves the right to alter, amend, or repeal this act at pleasure. § 5. That this act shall take effect from and after its passage. Approved February 23, 1874. |