1873. injuring monuments, &c. shall constitute the first board of directors of the corporation. 9. If any person shall willfully and without lawful Penalty for authority violate any of the graves of the dead, or deface violating graves, or remove any of the tombstones, monuments, or inclosures, or cut, break, or injure any tree, shrub, plant, or other ornament of said cemetery, he shall be deemed guilty of a misdemeanor, and besides being liable to the corporation, or to the owner of the lot injured, for damages or injury done, he shall, upon conviction in any court having jurisdiction, be fined not less than five nor more than fifty dollars for each offense. Power is hereby conferred upon each of the board of directors of this corporation, and upon the superintendent appointed by them to take charge of said cemetery, to arrest without warrant, and take before the proper officer and tribunal, to be dealt with according to law, any and all persons found offending against any of the provisions of this section. money and issue bonds for same. § 10. That it shall be lawful for the president and diMay borrow rectors of said company, from time to time and at all times, to borrow or obtain on loan, or upon bonds which may be issued by them, bearing a rate of interest not to exceed ten per cent. per annum, such sums of money as they may deem necessary and expedient for the use of said company; and it shall be the duty of said board of directors, at the time of issuing any such bonds, to provide means for creating a sinking fund adequate to redeem said bonds at maturity. § 11. This act shall take effect from its passage. Approved April 7, 1873. CHAPTER 709. AN ACT for the benefit of the adminstrators of Asa Gilbert, late sheriff of Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Farmer Roberts and Haywood Gilbert, administrators of the estate of Asa Gilbert, deceased, late sheriff of Clay county, be, and they are hereby, authorized and empowered to collect by distraint all taxes of every kind, and all fee bills remaining uncollected on account of the death of said Asa Gilbert, deceased, that were due and owing said Gilbert, deceased. §2. That before the said Farmer Roberts and Haywood Gilbert shall commence the collection authorized under this act, they shall go before the presiding judge of Clay county and give bond, with good and sufficient secu rity, to faithfully collect and pay over to the proper per- 1873. Approved April 7, 1873. CHAPTER 710. AN ACT to amend an act, entitled "An act to regulate the civil jurisdic- Be it enacted by the General Assembly of the Commonwealth § 1. That the police court of the city of Hickman, in Fulton county, shall also have civil jurisdiction in cases where the defendant or defendants are non-residents of the State. § 2. This act shall take effect and be in force from its passage. Approved April 7, 1873. CHAPTER 711. AN ACT for the benefit of Mildred Broadus, a pauper idiot, of Lincoln county. WHEREAS, At the April term, 1872, of the Lincoln circuit court, to-wit: on the day of April, 1872, Mildred Broadus, a pauper negress, of Lincoln county, was, by a judgment of said court, found to be an idiot, and W. H. Miller, a citizen of said county, appointed a committee for said idiot, and directed to take charge of and provide her with suitable food, raiment, &c., as provided for by law in the case of pauper idiots; and whereas, at the October term, 1872, of said court, said committee was, by an order thereof, allowed at the rate of fifty dollars per annum for supporting said pauper idiot, to be paid out of the Treasury of the State, which allowance the Auditor of Public Accounts has, upon the production of the proper certificate, refused to audit for payment; and whereas, it appears that said committee now has charge of said idiot, and has continued to provide for and support her, under the order of the Lincoln circuit court aforesaid, at the cost to him of fifty dollars, and has received no compensation therefor: Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, directed to draw his warrant on the Treasurer for 1873. the sum of fifty dollars ($50), in favor of W. H. Miller, of Lincoln county, in full satisfaction of his claim against this Commonwealth for the support of a negro pauper idiot, Mildred Broadus, for one year from the 20th day of April, 1872, to the 20th day of April, 1873, to be paid out of any money in the Treasury not otherwise appropriated. § 2. This act shall be in force from and after its pasApproved April 7, 1873. sage. CHAPTER 712. AN ACT for the benefit of the Big Sandy Telegraph Company. WHEREAS, It appears that the Big Sandy Telegraph. Company was organized under the general law of this Commonwealth, on the 19th day of August, 1872; and whereas, it did not, within three months after its organization, file with the Secretary of State a copy of its articles of incorporation; now, in remedy thereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the further time of forty days from the passage of this [act] be given said company, in which to file with the Secretary of State the said articles of incorporation; and the same, when so filed, shall be as valid as though filed within the time required by law; and all deeds or rights of way made to, or acquired by, said company, are hereby legalized and validated. § 2. This act to take effect from its passage. Approved April 7, 1873. CHAPTER 713. AN ACT to amend an act, entitled "An act to amend an act, entitled 'An act to incorporate the Kentucky and Great Eastern Railway Company.' Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the provisions of section two of an act, entitled "An act to amend an act, entitled 'An act to incorporate the Kentucky and Great Eastern Railway Company," approved March 27, 1872, requiring that no vote shall be taken in either of the counties mentioned in section one of said act, while laborers are engaged in the construction of said railway, shall not apply to the county of Mason; but no person shall vote, at any election, who is not a qualified voter at the time of the passage of this act. § 2. That the board of directors of said company shall consist of any number of persons, not exceeding thirteen, to be fixed by the by-laws. §3. That section three of said amendment shall not be construed to deny to said company the right, on paying or depositing with a bonded officer of the county the damages which may be assessed by the commissioners as provided in said section, to proceed with the construction of said railway without delay; but said company, on payment or deposit of such damages, may take the land, or material valued, without awaiting the final determination of the litigation provided for in said section, which may, nevertheless, proceed, in all respects, unaffected by such payment or deposit: Provided, That if, in any case, the party litigating recovers no more than the amount paid or deposited as aforesaid, the company shall recover costs. § 4. That this act shall take effect from its passage. Approved March 27, 1873. 1873. CHAPTER 714. AN ACT to incorporate the Sodom Turnpike Road Company, in Scott county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Corporate § 1. That a company is hereby incorporated and created a body-politic, under the name and style of the Name and style. Sodom Turnpike Road Company, with a capital stock Capital stock. not to exceed five thousand dollars, to be divided into shares of fifty dollars each, for the purpose of constructing a turnpike road from the Georgetown and Frankfort Turnpike to Sodom; the same shall have perpetual succession; may sue and be sued, plead and be impleaded, powers. contract and be contracted with; may have a common seal, and alter and amend the same at pleasure; may acquire by purchase, or writ of ad quod damnum, the ground for the residence of toll-gate keepers, and such rock, timber, and quarries as may be necessary in the construction and the repair of their road. § 2. Stephen A. Twyman, J. Gallahew, and Moses Thomas are appointed commissioners, any of whom may open books for the subscription of stock to said road; and the obligation of subscribers shall be binding in law upon said subscribers. Commissioners' names and duties. When compa ized. § 3. Whenever the sum of one thousand dollars shall be subscribed in stock, said commissioners, or any two of may be organthem, may call a meeting of such subscribers, to be held at such time and place as they may designate, and at such 1873. give bond. meeting a president and three directors shall be elected, who shall appoint a treasurer; all said officers shall hold their offices for one year, and until their successors are chosen; a meeting of the stockholders for the election of officers shall be held each year, either at the same time and place as the first meeting, or at such other time and place as may be designated by the directory; and at all elections of said company each stockholder shall have one vote for one share which he may hold, which vote he may cast either in person or by written proxy. § 4. The treasurer, before he enters on the discharge of Treasurer to his duty as such, shall execute a bond, with approved security, conditioned that he will faithfully discharge the duties of his office, and pay over all sums that may come into his hands upon the order of the directory. and when toll erected. 5. The width of said road shall not be more than Width and grade thirty feet, and of the metal of it not less than twelve gate may be feet; when said road shall have been completed three miles, said company may erect a toll gate at such point thereon as they may prefer, and may charge and receive toll as is now provided for and prescribed in chapter one hundred and three of the Revised Statutes, he may travel thereon bears to the distance of five miles. of directors. § 6. The president and directors may make such byPowers of board laws for the management of the atlairs of their road as they may deem necessary: Provided, That the same are not inconsistent with this act or the Constitution and bylaws of the State. § 7. This act shall take effect from and after its passage. Approved April 9, 1873. CHAPTER 715. AN ACT for the benefit of Thomas M. Purnell. WHEREAS. Thos. M. Purnell, a constable in the Millersburg precinct of Bourbon county, acting under an order of A. J. Booth, sheriff of said county, did, in the month of October, 1870, summon a posse of men to quell a riot then proceeding in said district between a number of Irishmen on one side and negroes on the other, and expended and paid out the sum of one hundred and twenty dollars and sixty cents to men summoned by him on that occasion, and who served as such; and said claim has been allowed by the Bourbon circuit court, and the Auditor doubting his authority to pay the same in the form presented, therefore: Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be directed |