1872. lic ground, the owner or owners, or any part owner of any ground over or upon which it is proposed to open, extend, alter, establish, widen, or straighten any street, alley, highway, or public ground, may file an answer controverting the right, propriety, or necessity of the opening, laying out, establishing, extending, altering, widening, or straightening of such street, alley, highway, or public ground; and the trial of such issue may be submitted to the court, or either party may demand a jury; and unless, upon the trial of such issue, the judgment should be in favor of the right, propriety, and necessity of the opening, extending, establishing, altering, widening, or straightening of such street, alley, highway, or public ground, no writ of ad quod damnum shall issue; but otherwise such writ shall issue, and other proceedings be had, as provided in article eight (8) of said act. A new trial - may be granted for cause, or an appeal prosecuted to Caldwell circuit court or court of common pleas, thence to Court of Appeals, as in other cases; and during pendency of such appeal other proceedings shall be stayed. § 2. This act shall take effect from its passage. Approved March 6, 1872. CHAPTER 458. AN ACT amending the charter of the Louisville and Shepherdsville Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Louisville and Shepherdsville Turnpike Road Company is hereby authorized to subscribe to the capital stock of any turnpike or gravel road that may intersect the said Louisville and Shepherdsville Turnpike Road. § 2. That said turnpike road company are hereby authorized to charge and collect the same rates of toll that the Valley Turnpike and Gravel Road Company are authorized to collect. § 3. That the stockholders of said turnpike road company are hereby anthorized to vote by proxy at all elections for officers of said company, or upon any question that may be submitted to a vote of said stockholders. § 4. This act shall be in force from its passage. Approved March 6, 1872. CHAPTER 459. AN ACT to amend an act prohibiting the sale of intoxicating drinks in Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That whereas, by an act approved March the 31st, 1870, the question of repealing all license laws, and prohibiting the sale of any brandy, whisky, or intoxicating liquors, or a mixture thereof, by wholesale or retail, within the limits or jurisdiction of Rockcastle county, was submitted to the voters of said county for approval or rejection; and whereas, said law was submitted to the voters of said county at the August election, 1870, and a majority having voted for the adoption of said law, it is in full force and virtue, and is the law in that county. § 2. That the second section of said act be so amended as to allow any person to sell spirituous liquors in small quantities for medical purposes; but before they shall be thus privileged to sell, they must receive the certificate of a regular practicing recognized physician, which they shall file and keep for protection. 1872. Allowed to liquors for poses only on certificate of physician. medical pur Physician to take oath not a violation. § 3. That before any physician shall be authorized to give a certificate for the purchase of spirituous liquors for to violate law. medical purposes, he shall file with the clerk of the county and penalty for court an affidavit, stating that he will not give a certificate to any person to purchase or obtain any brandy, whisky, or intoxicating liquors, or a mixture thereof, unless, in his opinion, the good of their health requires it, which affidavit shall be recorded by the clerk; and should any physician give any certificate without complying with this law, or any person sell without complying with the provisions of this amendment, they shall be subject to all the pains and penalties of the original act. 4. The county judge shall have concurrent jurisdiction with the circuit court in enforcing this act; and it shall be his duty, in connection with the county attorney, where they have reasons to believe that the law is being violated, to investigate the matter and enforce the same. 5. This amendment to be in force from its passage. Approved March 6, 1872. County judge to have jurisdiotion. CHAPTER 460. AN ACT to amend an act in relation to the sale of spirituous liquors in WHEREAS, By the provisions of an act of the Kentucky Legislature, approved March 21st, 1870, a poll was opened in the county of Letcher at the August election, in the 1872. year 1870, submitting the question of retailing spirituous liquors in said county to the legal voters of said county; and whereas, a large majority of the voters of said county at said election voted in favor of prohibiting the retailing of spirituous liquors in said county; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful for any person or persons to sell, by retail, any whisky, brandy, rum, gin, wine, or spirituous liquors of any kind, in the county of Letcher, to any person or persons whatever, in quantities of less than twenty gallons: Provided, however, That this act shall not prohibit the sale of patent medicines and brandy peaches. § 2. That any person or persons who shall be guilty of a violation of this act shall be indicted by the grand jury of said county; and upon conviction, shall be fined not less than twenty dollars nor more than sixty dollars, or impris oned in the county jail of said county not less than ten days nor more than sixty days, or both so fined and imprisoned, at the discretion of the jury, for each offense. §3. This act to take effect from and after its passage. Approved March 6, 1872. CHAPTER 461. AN ACT to prohibit the sale of ardent spirits in the first and fifth magisterial districts, of Todd county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter it shall be unlawful for any person to give, loan, sell, or otherwise dispose of any spirituous, vinous, or malt liquors, or any mixture thereof, in the first and fifth magisterial districts, of Todd county, commonly called the Kirkmansville and Trenton districts: Provided, This act shall not apply to the sale or giving of such wines for sacramental purposes. § 2. That all laws now in force authorizing the trustees of the town of Trenton, or the county judge of Todd county, or any other person or persons whatever, to grant license to hotel-keepers, coffee-house keepers, or to any other person or persons whatever, to sell any of the aforesaid liquors, or any mixture thereof, within the limits of either of the aforesaid districts, are hereby repealed: Provided, That this act shall not interfere with the rights of any person now authorized by license to vend any of said liquors who shall have obtained the same before the passage of this act. §3. That any person violating any of the provisions of this act shall be fined fitty dollars for the first offense and one hundred or more dollars for each succeeding offense, to be recovered on an indictment of the grand jury or upon a warrant before any magistrate of Todd county; and it shall be the duty of the judge of the Todd county court to give this act in charge to the grand jury at each term of said court. § 4. But none of the provisions of this act shall take effect until it is ratified by the voters of said districts; and for this purpose it shall be the duty of the clerk of the Todd county court, upon the application of fifty voters of either of said districts, to cause an election to be held therein, after at least twenty days' notice to the voters thereof. He shall furnish a poll-book to such officers as may be appointed by law to hold said election, provided with two columns, one of which shall be headed "For prohibiting the sale," and the other "Against prohibiting the sale;" and it shall be the duty of the officers of said election to record the names of those voting for the prohibition in one column, and of those voting against it in the other, and to certify the number for and against it, and forward the poll-books to the county clerk's office as in other cases provided by law. On the third day after the election it shall be the duty of the county judge, county clerk, and sheriff, to compare the polls and certity the result of the election, one of which certificates shall be filed with the poll-books and three others posted up at public places in said districts. If the number of those voting for the prohibition is greater than the number of those voting against the prohibition, the provisions of this act shall take effect in said district voting on the fifteenth day after said election; but if the number voting against the prohibition is greater than that of those voting for it, then all the provisions of this act shall be null and void. § 5. This act to take effect from its passage. Approved March 6, 1872. 1872. CHAPTER 462. AN ACT relating to the sale of ardent spirits in Carter county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Question of to voters of county. § 1. That the question of granting license to sell ardent prohibition to spirits in the county of Carter shall be submitted to the be submitted qualified voters of said county in the following manner The county court, by order on its order-book, shall fix some day in the month of June next when said election shall be held, and the sheriff of the county shall post a copy thereof at each voting place in said county at least ten days before said election. §2. For the purpose of conducting said election the county court shall appoint two fit persons, at each of the voting places in said county, to act as judges of the said election, to be qualified voters in their respective precincts, and one person of like qualifications to act as clerk in each precinct or voting place aforesaid; and the sheriff of the county shall, by himself and deputies, conduct said election, one sheriff at each precinct or voting place aforesaid. The election shall be held between the hours of 7 o'clock, A. M., and 5 o'clock, P. M., at the usual places of voting in said several precincts; a poll-book shall be prepared and headed in one column "License," in another "No license." The question shall be propounded to each voter, "For license or against license;" and those for license shall be set down in the column headed license, and those against license in the other. It also shall be the duty of the clerk and judges of said election to certify the result of said election, and deliver the poll-books to the sheriffs who severally conducted said election, whose duty it shall be to deliver the same to the clerk of the county court within three days after the election; and on the fourth day after said election, the judge of the county court, the county clerk, and the sheriff, or any two of them, and, in case of their absence, the nearest two justices, shall examine said poll-books, and certify under their hands the result of said election, and file the said pollbooks and the said certificate in the office of the county clerk. § 3. If a majority of those voting in said election shall be against granting license, the county court of Carter shall have no power to grant license to sell ardent spirits in the county of Carter. Approved March 6, 1872. CHAPTER 463. AN ACT to prohibit the sale of intoxicating liquors in and near the town of Spottsville, in Henderson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful for any person, with or without license, to sell any spirituous, vinous, malt, or other intoxicating liquors, in quantities less than five gallons, within the town of Spottsville, in Henderson county, or within five miles of said town. §2. Any person violating the provisions of the first section of this act shall be fined not less than fifty dollars nor more than two hundred dollars for each offense, and each selling shall constitute a separate offense; the fine to be |