1874. the mode of becoming members thereof, and the terms of becoming members, as well as the mode of its expelling its members, as well as what officers, agents, or servants it shall have, how chosen or elected, as well as their compensation, and how removed. § 4. This act shall take effect and be in force from its passage. Approved February 23, 1874. CHAPTER 583. AN ACT for the benefit of the owners of Wabash Island. WHEREAS, It is represented that Wabash Island is sufficiently protected by the Ohio river from trespasses by stock from the main land, and that stock are frequently driven or transported from the main land to said island, to the great annoyance and damage of the owners thereof; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful for any person or persons, except the owners of land there, to drive or transport any cattle to said island, or for any cattle to be and go at large on said island, except such as belong to the owners of land thereon. § 2. That if any cattle, other than those belonging to the owners of land thereon, be found on said island, they may be impounded by the owner of the land where they may be found, who shall give written notice of such impounding to their owner if known; and if such owner be not known, then he shall post notice thereof at some point on the main land convenient to said island; and if the cattle be not removed therefrom within three days after the service or posting of such notice, it shall be lawful for the person so impounding said cattle to sell the same at public auction, after having advertised the time and place of said sale in the town of Uniontown, and at two other places on the public county road nearest to said island, for not less than five days before the day of such sale. sale shall be for cash, and the proceeds thereof, after deducting therefrom fifty cents per head for each day such cattle shall have been impounded, shall be paid to the clerk of the county court of Union county for the benefit of the owner thereof; and if such cattle be removed by their owner, he shall pay fifty cents per head for each day they may have been impounded. Said 3. This act shall be in force from its passage. Approved February 23, 1874. CHAPTER 584. AN ACT exempting Hart county from the provisions of the law authorizing the appointment of a "Commissioner of Claims" for said county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the law requiring county courts to appoint a commissioner to audit and report on claims against the county to the court of claims be, and the same is hereby, repealed as to Hart county. 2. This act to take effect from its passage. Approved February 23, 1874. 1874. CHAPTER 585. AN ACT to provide for the reimbursement and compensation of George R. McKee for expenses incurred and services performed in the prosecution of the claim of Kentucky against the Government of the United States known as the War Claim. WHEREAS, The Secretary of the Treasury of the United States, by his opinion and order of August the 3d, 1871, denied the validity of the claim of Kentucky known as the War Claim, and refused payment of the same, and declared that said opinion was final so far as the Treasury Department of the United States was concerned; and whereas, afterward, on the 16th day of December, 1871, the Commissioners of the Sinking Fund authorized and employed George R. McKee to procure an order from the proper authorities of the United States for the payment of said claim; and the said George R. McKee, by virtue of said employment, and in pursuance of said authority, did file his petition for and on behalf of the State of Kentucky, and in the name of the Governor thereof, in the Supreme Court of the United States, praying for a mandamus against the Secretary of the Treasury of the United States, to compel him to deliver a warrant for the sum of $525,258 72, part of said claim for which a requisition had been made by the Secretary of War on the 30th June, 1871; and under said application and petition such proceedings were had as resulted in the recognition of the justice of said claim, and the payment of the aforesaid sum of $525,258 72 to the proper authorities of Kentucky, part of said claim, and other sums, parts of the same, have been paid, and will continue to be paid, as the accounts are settled and adjusted by the proper accounting officers of the Treasury of the United States, to the extent in the whole of $1,000,000; now, therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, authorized and directed to draw his warrant on 1874. the Treasury in favor of George R. McKee for the sum of one thousand dollars, to reimburse him for expenses incurred, and as compensation for his services, in prosecuting an application and petition for mandamus before the Supreme Court of the United States, in the name of the Commonwealth of Kentucky, on the relation of Preston H. Leslie, Governor of said Commonwealth, against Geo. S. Boutwell, Secretary of the Treasury of the United States, to compel the payment of the Kentucky War Claim. § 2. This act shall be in force from and after its pasApproved February 23, 1874. sage. CHAPTER 587. AN ACT for the benefit of Walter G. Saunders, sheriff of Lincoln county. WHEREAS, A judgment was rendered in the fiscal court held in Frankfort against Walter G. Saunders, sheriff of Lincoln county, Kentucky, and his sureties, for a balance of the revenue (1872) due the State, together with interest, costs, and damages of five per cent., and damages of twenty per cent.; and whereas, an execution issued from the Franklin circuit court clerk's office, directed to the sheriff of Boyle county, who collected the whole amount of said execution, which included the sum of $1,074 86, that being the amount of the twenty per cent. damages adjudged against said Saunders; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the Auditor of Public Accounts is hereby authorized and directed to give Walter G. Saunders, sheriff of Lincoln county, credit on his account for the revenue of 1873, for the amount of the twenty per cent. damages collected from him upon the judgment aforesaid, amounting to the sum of $1,074 86, as shown by his records. 2. This act to take effect from its passage. Approved February 23, 1874. CHAPTER 588. AN ACT for the benefit of P. G. Smith and Alexander Hauchin, securities of O. G. Moore, late sheriff of Edmonson county. That whereas P. G. Smith and Alexander Hauchin, together with several others, became the surety of O. G. Moore, late sheriff of Edmonson county, upon his revenue bond for the payment of the revenue for 1872; and whereas, the said O. G. Moore failed to pay off and discharge said bond as required by law, and in consequence of which, judgment was taken in the Franklin circuit court by the Commonwealth of Kentucky upon the aforesaid bond, against O. G. Moore and his sureties, to wit: W. C. Hauchin, O. P. Shackelford, J. B. Crump, Will Self, L. W. Meredeth, Edward Blair, J. W. Stice, S. R. Tams, A. B. N. Miller, Alexander Hauchin, James A. Edwards, and P. G. Smith; and whereas, all of the above named securities of the said O. G. Moore and said bond, except P. G. Smith, James A. Edwards, and Alexander Hauchin, have taken the benefit of the bankrupt law, the most of whom, if not all, have received their discharges; and whereas, all the property owned by P. G. Smith and Alexander Hauchin, both real and personal, have been levied upon and sold under an execution which issued upon the aforesaid judgment from the Franklin circuit court, which leaves the said Smith and Hauchin and their families in a destitute and penniless condition; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That P. G. Smith and Alexander Hauchin, of Edmonson county, be, and they are hereby, relieved of any further responsibility as the securities of O. G. Moore, late sheriff of Edmonson county, for the payment of a balance of a judgment obtained by the Commonwealth of Kentucky against O. G. Moore, late sheriff of Edmonson county, and P. G. Smith, Alexander Hauchin, and others, his sureties, and that no execution shall be issued against the said Smith and Hauchin hereafter upon said judgment: Provided, That the release of said P. G. Smith and Alexander Hauchin shall only amount to a payment pro tanto by them, and that the other securities mentioned upon said bond shall, in no event, be liable for the pro rata portion of the parties hereby released from the payment of said judgment. § 2. This act to take effect from and after its pas sage. Approved February 23, 1874. 1874. 1874. CHAPTER 589. cil may subscribe stock. Terminus of road AN ACT to authorize the city of Owensboro to subscribe stock to the Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the mayor and council of the city of OwensMayor and coun- boro shall be, and are hereby, vested with power and authority to subscribe one hundred thousand dollars to the stock of the Vincennes, Petersburg, and Owensboro Railroad Company, and to pay for said stock in the bonds. of the city of Owensboro, payable at thirty (30) years after date, with interest at eight (8) per cent. per annum thereon, payable semi-annually: Provided, Said subscription shall be made upon the condition that said company shall agree, in writing, to run, contract, and complete said railroad from Vincennes, in the State of Indiana, so as to make the terminus of the same on the Ohio river, in the State of Indiana, opposite the city of Owensboro, Kentucky: And provided further, That the said bonds, nor the interest arising thereon as aforesaid, or any part thereof, shall become due or payable until after the building and completion of the said railroad; and the said stock so subscribed, and dividends on the same arising from said road, shall stand pledged for the payment of the principal and interest of said bonds so to be issued as aforesaid; shall be applied from time to time in the purchase and withdrawal of said bonds, in such manner and under such regulations as said parties may agree to in writing. Vote on same to be taken. to pay same. § 2. That no subscription shall be made under the proTax to be levied visions of this act until after the mayor and city, council of Owensboro shall have made an order directing the question to be submitted to the qualified voters of said city of Owensboro, in such form, and under such regulations, as may be provided by said mayor and city council; and after a submission to the qualified voters as aforesaid, if a majority of all the legal voters, and not until then, May pay same in then the mayor and council of said city shall make such subscription, on such conditions set forth in the ordinance authorizing the same, and not otherwise. five years, &c. §3. That should said subscription be made, and the bonds aforesaid issued, in accordance with the provisions of the preceding sections of this act, it shall be the duty of the mayor and council of the city of Owensboro, after the completion of said road from Vincennes to a point on the Ohio river opposite Owensboro, to prescribe by ordinance the mode and manner of the payment of such bonds; and may, for that purpose, levy a tax upon the property of said city, under such rules and regulations, |