1872. ferred upon the citizens of this State, except upon such terms and conditions as may be prescribed by the laws of this State; therefore, porations re through runs an agree sons having prosecute the judgment be transact busiDess in this State. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all such foreign corporations or persons, orCertain cor- ganized under charters granted by other States, now quired to file in engaged, or that may hereafter be engaged, in running County hot and operating any of the railroads of this State, either in which road their own name or that of others, are permitted to do so ment that per upon the following conditions, viz: That such foreign elaims against corporations, within sixty days from the passage of this them my sue & act, or within sixty days from the time of commencing claim to final business in this State, shall procure from the board of fore they con directors or managers of such corporation a duly authenticated order or resolution authorizing its agents to contract and be contracted with in the name of such corporation, and further agreeing that all citizens resident, and bodies corporate of this State, having claims or demands against said corporation, may sue for, and prosecute to final judgment, all such matters in any of the courts of competent jurisdiction in any of the counties through which said road may be constructed, subject, however, to the same right of removal, by change of venue, as is or may be given to citizens of this State, which authority shall be put to record in the county court clerk's office of some one of the counties through which said road runs, a certified copy of which shall be Certified copy competent evidence in any of the courts of this Commonwealth. of agreement evidence. tion or com comply with vision, or caus Federal Court. § 2. That service of process upon such agent or agents shall be deemed a valid service upon such company. §3. That any such corporation or company failing or Such corpora- refusing to comply with the foregoing provisions, or that pany failing to shall, after the passage of this act, cause to be removed the above pro- any suit or matter of litigation with a citizen resident or ing suit to be corporation of this State, from the State court to the transferred to United States district or circuit court, shall thereafter be shall be pro- prohibited from doing business in this State; and all conhibited from transacting tracts thereafter made by such corporation, through its Blato, and fined agents, shall be null and void as to such parties; and all Bot less than parties and persons continuing to contract and do busi850 or impris⚫ned. ness in this State, either in their own name or that of others, in violation of this act, shall be deemed guilty of a misdemeanor, and for each day he or they shall so offend may, upon indictment, be fined not less than fifty dollars, and imprisoned not less than one week for each day they so offend, either or both, in the disc etion of a petit jury. business in this 4. That such corporation or companies engaged in 1872. Such corpo pany shall be comcarriers, in carrying the business aforesaid in this State shall be deemed common carriers, and shall not discriminate in carrying freight for or against any individual or company, but ration or comshall, so far as its rolling stock and equipments will per- deemed mit, transport all freight over said road that may be of mon and shall not fered upon payment, if required or tendered, of the rates discriminate of tariff allowed by law or the charter of such road; and freights for any if such road is not supplied with the necessary cars to do person. the business required, it shall be lawful for any individual or company to furnish such necessary cars for their own use; and it shall be the duty of the company or persons controlling and operating such road to carry freight in such cars to any point on the line of said road that may be required, and return the cars to the parties furnishing them as speedily as can conveniently or reasonably be Remedy against done. That any person or company being damaged by failing to comthe failure or refusal of the company controlling said ply with above. road to discharge the duties enjoined in this section, may, by action, recover the actual damage sustained, and fifty per cent. in addition. Company for ing to mine to the line of to construct a switch, &c. § 5. That any persons desiring to engage in the busi-Persons desirness of mining stone-coal, milling, or the manufacture of coal adjacent iron, adjacent to the line of such railroad, may, under the such railroad, direction of a competent engineer, construct a switch, to permitted be connected with said road, for the convenience of their said business, upon condition, however, that said parties shall execute a covenant to the Commonwealth of Kentucky, in the county court of said county, with good surety, to be approved by the court, to the effect that he or they will keep a constant attendant upon such switch, and will pay all damages to the parties entitled Duty to keep by reason of the improper construction of same, or negligence in keeping it properly adjusted, so as not to obstruct passing trains; and all parties injured may recover reasonab e and adequate damages. § 6. This act shall take effect from its passage. [This act became a law by reason of the failure of the Governor to return it within the coastitu ional petiɔd] guard at switch CHAPTER 388. AN ACT to authorize the county courts of Nicholas and Bourbon counties to compel persons to keep stock off of public roads. Be it enacted by the General Assembly of the Commonwealth of Kentucky: J. That the county court shall have power, upon the application of any five bona fide housekeepers by petition, setting forth the name and situation of any turnpike road, and the names of all persons who live along the line of the same, and upon notice of such application 1872. Penalty. ent Public In fy to Auditor, and direct pay parts of the ment on the re common schools taught in cer Payment to be surplus for the school year 1872, or out of being posted upon the court-house door, and at three of the most public places on the road so described, ten days before the hearing of such petition, to order all persons to keep their stock off of, and from running at large on, the said road. Any person along the line of said road may resist such application, and the county court may or not make such order, within its discretion. If the county court, after hearing such application, should deci e to make said order, it shall be entered of record upon the order-book of said court, and a certified copy thereof shall be posted at not less than three of the most public places along said road. § 2. Any person violating such order of the county court, by allowing his stock to run at large upon said road, after the making and posting of said order as aforesaid, shall be deemed guilty of a misdemeanor, and upon conviction thereof, fined not less than five nor more than twenty dollars for each offense. §3. This act shall apply only to Nicholas and Bourbon counties, and shall take effect from its passage. CHAPTER 404. Approved March 5, 1872. AN ACT for the benefit of common schools in Kentucky. Be it enacted by the General Assembly of the Common:ccalth of Kentucky: § 1. That the Superintendent of Public Instruction be, Superintend- and he is hereby, authorized and directed to certify to the struction di Auditor, and direct payment on the reports of the comrected to cer i- mon schools taught in districts hereinafter named or to be named: Provided, 1st. That payment be made tor said districts out of any surplus for the school year ending June 30th, 1872, which may remain to the credit of the tain districts. counties respectively in which said districts lie, or out of made out of the the surplus bond fund belonging to said counties, and at a rate per child not exceeding that at which payment ending June 30, was made out of the revenue of the school fund proper the surplus for the years respectively for which the schools are rebond fund. ported to have been taught: Provided, 2d. That payment shall not already have been made for said districts: ProPayment to be viled, 3d. That for such of said schools as were taught made only for less than the time specified by law, payment shall be was taught. made only for the time during which they were so Provided, re- taught: And provided, 4th. That the reports fron said districts shall districts, duly made out, shall have been received by the have been re- Superintendent of Public Instruction on or before the Superintend first day of July, 1872; previous to which date he may 1st July, 1872. add to the list of districts herein named such as may be reported and properly certified as coming within the the time school ports from said ceived by the ent before the 2. This act shall take effect from and after its pas 1 1872. sage. Approved March 5, 1872. the word creditor. CHAPTER 431. AN ACT to define the meaning of the word creditor, as used in the Re- § 1. That the word creditor, as used in the Revised Definition of Statutes and Civil Code of Practice, and in acts amendatory thereof, shall be construed to mean and include all persons having a bona fide debt or claim against another, whether judgment has been rendered on the same or not. § 2. This act to take effect from and after its passage. Approved March 6, 1872. reine, &c., in Paint Lick. CHAPTER 435. AN ACT to prohibit the drawing of seines or fish-nets from the mouth of Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall hereafter be unlawful to draw a seine Unlawful to or fish-net anywhere in Paint Lick creek, from its mouth to the mouth of Back creek, except by the permission of the owner or owners of land on each side of the creek where the said seine or net is drawn. Penalty. § 2. That any person who shall, without the permission above set forth, draw a seine or net at any point in Paint Lick creek, from its mouth to the mouth of Back creek, shall be deemed guilty of misdemeanor, and shall be fined, upon conviction, not more than thirty nor less than ten dollars for each offense. 3. The proceedings for the recovery of the fine shall be by indictment in the name of the Commonwealth, in the circuit court of the county where the offense occurs. 4. This act shall take effect from its passage. Approved March 6, 1872. |