1874.

Classes of stock

for their use, a mortgage, properly executed, upon so much
of their line of road as shall have been completed, and
be unencumbered by debt, as will, according to its costs or
worth, be equal to the amount subscribed, to be held by
him or them respectively as an indemnity against loss by
the failure of the company to finish the whole line of
road, and equip the same, free of debt and encumbrance,
and shall declare dividends on its capital stock. If, how-
ever, the stockholder shall fail or refuse to choose a person
to receive the indemnity for him, said railroad company
may execute the deed of mortgage to the judge of the
county court where the land lies, as trustee for said stock-
holder. Said deed of mortgage shall be recorded in the
clerk's office of the county court where the land to be
sold lies, and shall be executed by the president of said
company, upon an order of the board of directors of said
company, after notice to such stockholders.
The more
effectually to carry out the purposes of this provision, holders.
said company is authorized to establish and recognize
two classes of stockholders: one class to consist of sub-
scribers to the capital stock of said company as ordinary
subscribers without indemnity for stock subscribed, and
the other class shall consist of those who shall subscribe
real estate to the capital stock of said company, and for
whose benefit indemnity shall be given before a sale
can be made of the land subscribed by them respectively
as herein set out; but, in other respects, said two classes
of stockholders shall be on the same footing, except that
the ordinary stockholders, in consideration of the greater
risk taken by them, shall be entitled to the increased
value of the property subscribed by the indemnified class,
if any, to be added to the stock of the ordinary class, or
the same may be divided among the ordinary class, if a
sale shall be made, as the board of directors may deem
right and proper; but no sale of lands subscribed shall
be made until the mortgage shall be executed to the
stockholder who subscribed the same, as hereinbefore re-
quired.

§ 4. Said Portsmouth and Pound Gap Railroad Company may acquire and hold real estate by gift, lease, or purchase, and may sell and convey the same at pleasure; and it may mine for ores, coal, or other substances which it may deem necessary to increase the tonnage of its road; and may construct and operate branch railways over the lands of others, from its main line of road to any point it may deem necessary, to any coal or ore mines belonging to it or others. The right of way shall be condemned in the same way as prescribed by law for right of way for Turnpike and Plank Roads" in the general laws of this State.

LOC. L.-37

Powers o

corporation.

1874.

Rate of taxation.

cor solidate with roads.

§ 5. That said line of railroad nor any of its branches shall ever be taxed beyond other roads or its actual value. § 6. That said railroad company, a majority of the May connect or holders in value of the stock in said company consenting, may connect with and lease and operate for any number of years any railroad connecting with the line of said Portsmouth and Pound Gap Railway, or any of its branches; but such consolidation or lease shall in nowise affect the indemnified class of stockholders herein provided for.

condemn lands to establish ferry at Portsmouth.

§ 7. Said Portsmouth and Pound Gap Railroad ComCompany may pany may condemn the lands on the Ohio river at or near the northern terminus of its railroad, and establish and run a steam ferry-boat. The lands condemned by virtue of this act shall be condemned in the same manner as is now prescribed by law in establishing ferries in this Commonwealth, and the ferry, when established, shall be subject to the same restrictions now prescribed by law in this State in regard to ferries in general.

Proceedings to condemn right of way for road.

§ 8. That said company shall have the right to receive, by donation or condemnation, the right of way for its line of road or any of its branches; and when it shall be necessary to condemn the right of way for said road, application shall be made to the county court by said company, through its president, to the county court of the county in which the land or a greater part thereof is situate sought to be condemned, for the purpose of having the right of way condemned, and it shall be the duty of said court to appoint those commissioners, two of whom shall be residents of the county where the land lies, and freeholders, and the other an engineer of said company, who shall be first sworn to faithfully and impartially discharge their duties under this act to the best of their skill and judgment; and they shall view the land sought to be condemned, and fix the value of the land taken for road purposes, and the damages resulting to the residue of the tract of land over which said road runs, and above the advantages derived by the building of said line of road, and the amount of damages to any and all persons having an interest either in the land or use thereof; and they shall make out certificates of their assessments thus made, and file one in the office of the clerk of the county court by whom said commissioners were appointed, and deliver one to the agent or president of said railroad company. Said certificate shall describe the whole tract of land through which said line of road runs, and the portion thereof proposed to be condemned, the value of the land taken, and the damages to the residue of the tract, if any, over and above the advantages, to whom the same should be paid and the amount payable to each, and the residence

of the person or persons to whom the same is payable, if 1874. known, and whether they or either of them is a feme covert, infant, or idiot or lunatic. The clerk of the county court shall, immediately on the filing of such certificate in his office, issue a summons directed to the sheriff of the county of the residence of the owner of the land or having an interest, or is damaged by reason of the running of said line of road over the tract of land sought to be condemned, which summons shall command said sheriff to summon the person or persons named in said certificate filed in his office to appear in said court at its next term, if more than ten days shall intervene after the filing of said report and the next term of said court; if less than ten days, then the second term after the filing of said report, and show cause, if any, why said report shall not be confirmed, and the right of way condemned at the value and damages fixed in the commissioners' certificate. Said report shall be placed on the docket of said court and stand for trial at the next term after the service of summons shall be made for more than ten days. Summons shall be served in the same manner as now provided by law in equitable actions in circuit courts. If the owner of the land taken, or any one having a use therein, shall be a non-resident, infant, or person of unsound mind, it shall be the duty of the court to appoint an attorney to defend for a non-resident, and guardian ad litem to defend for an infant or person of unsound mind, if there shall be any such interested, and certified by the commissioners as entitled to compensation. If an attorney or guardian be appointed, he shall file written exceptions to said report, which shall be formal, and the same shall stand for trial at the next term after the appointment of such attorney or guardian shall be made; and if the person summoned, as before herein required, shall appear and file exceptions to said certificate, it shall be the duty of the court to empannel a jury and proceed` to try the same, and correct the damages allowed by the commissioners; but a postponement of the trial of said exceptions may be had for good cause shown. The jury and county court shall inquire of and ascertain the value of the land sought to be taken, and the damages to the use of the land taken, and the damages to the use of the balance of the tract over and above the advantages resulting to the balance of the tract by reason of having the road constructed through it. The finding shall state each item separately, and what part shall be paid to each party in interest in the matter, and judgment shall be entered up accordingly.

May condemn stone or other materials as under

§ 9. Said company shall have the same right to have condemned, in the same manner as provided for in the preceding section

1874.

preceding section, all necessary stone or other materia for the construction of their line of road; but it shall not have the right to enter on the lands condemned, nor take the stone or other necessary material, until the assessed damages shall be paid the party entitled to receive the same, or deposited with the clerk of the county court where the proceedings are had.

§ 10. Nor shall said company have the right to have condemned more land than is necessary for the comple tion and maintenance of its lines of road.

§ 11. This act shall take effect and be in force from and after its passage.

Approved February 23, 1874.

CHAPTER 515.

AN ACT for the benefit of T. D. Rutledge, of Daviess county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Auditor of Public Accounts be, and he is Allowed $83 95. hereby, directed to draw his warrant on the State Treasurer in favor of T. D. Rutledge, of Daviess county, for the sum of eighty-three dollars and ninety-five cents ($83 95), for expenses incurred and paid by him in transporting Joseph Rutledge, a lunatic, to the Fourth Kentucky Lunatic Asylum.

§ 2. This act shall take effect from and after its passage.

Approved February 23, 1874.

li

CHAPTER 516.

AN ACT for the protection of livery-stable keepers in the town of Milton,
Trimble county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That it shall be unlawful for any person in the Keepers of livery town of Milton, in the county of Trimble, to let or hire stables to pay out any horse, buggy, carriage, or other vehicle, for the transportation of persons, until he shall have paid into the treasury of said town the sum of ten dollars as a license.

cense.

Penalty.

§ 2. That any person violating any of the provisions of the preceding section shall be liable to a fine of not less than two nor more than five dollars, to be recovered be

fore the police judge of said town, or any justice of the 1874. peace residing therein.

§3. This act shall take effect and be in force from and

after its passage.

Approved February 23, 1874.

CHAPTER 517.

AN ACT for the benefit of the sheriff of Daviess county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Allowed further time to file delin

§1. That the sheriff of Daviess county shall have the further time until the second Monday in April, 1874, in quent list for 1873 which to report an additional list of revenue delinquents for the year 1873.

§ 2. Provided the securities of the said sheriff shall consent, in open court, to remain bound, and to take no advantage of the delay herein granted.

§3. This act to take effect from and after its passage. Approved February 23, 1874.

CHAPTER 518.

AN ACT to prevent trespass in Madison county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Penalty for trespassing on lands

§ 1. If any person shall willfully cut down, impair, or destroy any tree on the land of another person, or with- or crops. out the consent of the owner pull down the fence, or destroy or impair, or carry away the vegetables, fruit, or any part of the crop, whether it be severed or not from the ground, shall be fined not less than ten nor more than fifty dollars, or imprisoned in the county jail not less than five nor more than twenty days, or both so fined and imprisoned.

§2. If any person shall hunt upon the land of another without his or her consent, he shall be fined not less than ten nor more than twenty-five dollars for each offense, or imprisoned not less than five nor more than twenty days, or both so fined and imprisoned.

3. For any violation of this act, jurisdiction is hereby conferred on the county judge, police judges, and any justices of the peace of Madison county.

§ 4. This act shall only apply to the county of Madison, and shall take effect from and after the first day of May, 1874.

Penalty for hunt

ing without

owner's consent.

Jurisdiction con

ferred on county

court.

Approved February 23, 1874.