sheriffs, &c.,'" be, and the same are hereby, re-enacted, to be and remain in force until April 1, 1874, and that section three of said act be, and the same is hereby, repealed. 2. That this act shall take effect from its passage. Approved February 9, 1872. 1872. CHAPTER 253. AN ACT to change the times of holding the Henry county quarterly court. Be it enacted by the General Assembly of the Commonwealth of Kentucky; That from and after the passage of this bill the quarterly court of Henry county shall be begun and held on the second Mondays of March, June, September, and December in every year, instead of the third Mondays in said months, as now held. The sessions of said court begun on the second Mondays in said months may continue as long as the business requires. Approved February 10, 1872. Henry quarterly court. CHAPTER 258. AN ACT to mark and define the boundary line between the counties of Be it enacted by the General Assembly of the Commonwealth of Kentucky: line between the counties of McLean, and their duties. Muhlenburg & § 1. That C. F. Robertson and W. P. Nichols, of the Commissioners county of Muhlenburg, and Benjamin Plain and Thomas appointed to Ferguson, of the county of McLean, be, and they are the boundary hereby, appointed commissioners, whose duty it shall be to employ a competent surveyor, two chain-carriers, and a marker, who, after being first duly sworn by a justice of the peace, shall proceed to survey, mark, and define the line dividing the counties of Muhlenburg and McLean, according to the act creating and establishing the county of McLean, approved January 28, 1854, except that the commissioners aforesaid shall run said dividing line from the mouth of the Thoroughfare branch and up said branch so far as the same can be traced; thence up the channel of the Thoroughfare to the mouth of Big creek, instead of up the Thoroughfare branch, as provided in said act establishing said county of McLean. § 2. The surveyor shall make out two plats of the sur- Surveyor. vey, with courses and distances, and return one to the county court of Muhlenburg county, and one to the county court of McLean county. recorded. for making survey, &c. 1872. § 3. It shall be the duty of the county court of MuhlenReport to be burg county, and also of McLean county, to have said survey and commissioners' report recorded in the county clerk's office of their respective counties, which, when recorded, shall establish the lines between said counties. §4. The parties making the survey shall be allowed a Compensation fair compensation for their services during the time they are engaged, one half of which sum, when certified by said commissioners, shall be paid by the county of Muhlenburg, and one half by the county of McLean; and said commissioners shall each be paid a fair compensation for their services to be paid by their respective counties; and said comissioners shall proceed, some time during the months of July or August, 1872, to discharge the duties herein imposed and specified. § 5. That so much of the act, entitled "An act to establish the county of McLean," approved January 28, 1854, as conflicts with the provisions of this act, be, and the same is hereby, repealed. § 6. This act shall take effect from its passage. Approved February 10, 1872. Compensation CHAPTER 259. AN ACT to amend an act, entitled "An act for the benefit of the Eastern and Western Lunatic Asylums," approved February 18, 1864. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That hereafter the same compensation shall be Additional allowed for one person, in addition to the person apfor conveying pointed, to convey a pauper lunatic to said Asylums, as Junatios. is now allowed the person so appointed: Provided, The court having jurisdiction of the case shall deem an additional guard necessary, and shall so order. § 2. This act to take effect from its passage. Approved February 10, 1872. See Public Aets adjourned CHAPTER 260. AN ACT repealing an act, approved March 7, 1871, entitled "An act authorizing and directing the sale of the interest and stock owned by the State of Kentucky in Turnpike Roads or Turnpike Road Companies." Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That an act, entitled "An act authorizing and directression of 1869- ing the sale of the interest and stock owned by the State 70, p. 41. of Kentucky in Turnpike Roads or Turnpike Road Com panies," approved March 7, 1871, be, and the same is hereby, repealed. § 2. This act shall take effect and be in force from its passage. 1872. Approved February 10, 1872. CHAPTER 262. AN ACT to amend section 112, chapter 1, title 6, of the Criminal Code of Practice. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That section one hundred and twelve, chapter first, title six, of the Criminal Code of Practice, is hereby so amended, that hereinafter it shall be the duty of the several circuit court clerks in this Commonwealth, upon the written application of the Commonwealth's Attorney for their district, in vacation, to issue subpoenas for witness to appear before the grand jury of their respective counties at the ensuing term of their court. 2. This act to take effect from its passage. Approved February 10, 1872. See Criminal Code, p. 308. CHAPTER 263. AN ACT amending article 5, chapter 2, title 9, of the Civil Code of Practice. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That not more than two new trials shall be granted to the same party in the same cause. §2. This act shall take effect and be in force from its passage. Approved February 10, 1872. CHAPTER 272. AN ACT to authorize the trustees of the Cincinnati Southern Railway to acquire the right of way, and to extend a line of railway through certain counties in this Commonwealth. WHEREAS, It is represented to this General Assembly that Miles Greenwood, Richard M. Bishop, William Hooper, Philip Heidelbach, and Edward A. Ferguson, of the city of Cincinnati, in the State of Ohio, were appointed, under and by virtue of an act of the General 1372. Assembly of the said State of Ohio, passed on the fourth day of May, in the year eighteen hundred and sixty-ninė, a board of trustees, with authority to borrow a fund not to exceed ten millions of dollars, and to issue bonds therefor in the name of said city of Cincinnati, under the corporate seal thereof, of which said fund the said Miles Greenwood, Richard M. Bishop, William Hooper, Philip Heidelbach, and Edward A. Ferguson, and their successors, are to be trustees, with power to expend the same in procuring the right to construct, and in constructing, a single or double-track railway, with all the usual appendages, including a line of telegraph, between the said city of Cincinnati and the city of Chattanooga, in the State of Tennessee, to be called and known as the Cincinnati Southern Railway; and with power and capacity for the purposes aforesaid to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises, either in the said State of Ohio or in any other State in which the said line of railway may extend, and with other powers in said act expressed: Provided, The trustees of said road shall cause to be surveyed one or more routes for said road by a competent engineer and assistants from the city of Cincinnati, by the way of Nicholasville and Danville, to the State line, in the direction of Sparta, Tennessee; thence on the most direct practicable route to Chattanooga, having due regard to grade and cost of construction. The engineers shall lay before the board of trustees a map of the route, exhibiting the excavation, fills, bridges, grades, tunnels, &c., with approximate estimates of the cost of constructing the road from Cincinnati to the State line, thence to Chattanooga, which estimates shall show separately the cost of constructing this line and others that may be made and reported by engineers. Each line surveyed shall be reported to the citizens of Cincinnati, that they may express their preference for either route by their votes; and that the trustees shall locate the road-bed as indicated by the votes of the citizens and tax-payers of said city; and whereas, the said line of railway cannot be constructed, nor the powers of the said board of trustees be exercised, within the Commonwealth of Kentucky, without the consent of the General Assembly thereof. The General Assembly reserves the right to change, alter, or modify this act, and to regulate, by general laws, the rates of charges for the transportation of freights and passengers on said railway; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the said board of trustees, namely: Miles Greenwood, Richard M. Bishop, William Hooper, Philip Heidelbach, and Edward A. Ferguson, and their successors, by the name of the Trustees of the Cincinnati Southern Railway, be, and they are hereby, authorized to extend, construct, and maintain, within the Commonwealth of Kentucky, the said line of railway, with a single or double-track, with all the usual appendages, including a line of telegraph, and to exercise the powers vested in them under and by virtue of said act of the General Assembly of the State of Ohio, subject to the provisions and restrictions in this act provided. § 2. For the purpose of examining and surveying routes for the said line of railway, the said trustees may, subject to liability for the actual damage done, enter upon any land in the counties of Josh Bell, Knox, Whitley, Laurel, Clay, Owsley, Jackson, Estill, Madison, Clark, Bourbon, Harrison, Pendleton, Campbell, Kenton, Boone, Gallatin, Grant, Owen, Scott, Franklin, Anderson, Woodford, Fayette, Jessamine, Mercer, Garrard, Boyle, Lincoln, Rockcastle, Casey, Pulaski, Russell, Wayne, Clinton, Cumberland, Monroe, Metcalfe, and Adair, and select from the routes so examined and surveyed a route for the same, commencing at a point to be selected by the said trustees where the said line of railway will cross the southern boundary of this Commonwealth, and running through either of said counties to the northern boundary line thereof, and across the Ohio river, so as to connect with the same line of railway in the State of Ohio. A copy of the survey and location of such route, and any alteration therein, shall be filed in the county clerk's office of the counties through which the said railway runs, within one year after such location or alteration. §3. For the purpose of constructing and maintaining said line of railway and its appendages, the said trustees may acquire, by purchase or gilt, so much land as may be necessary to construct, complete, and operate their railway and its appendages; and it shall be lawful for them to apply to any circuit or county court of any county, through which it may be proposed said railway may pass, and for said court to appoint a competent engineer, and two disinterested commissioners, to examine the proposed route of said railway, and to take from the proprietors of land over which it is to pass a grant of the right of way, of such width as may be desired, provided the same shall not exceed one hundred feet, and which may include the right to take stone, timber, earth, or gravel for the construction of their road; and they, jointly and severally, shall have the power and authority to take and certify, under their hands and seals, the acknowledgment of such grants in fee or right of way, 1872. |