court of the county in which said right of way, landing place, or depot, or any part thereof, may be situate, the said court shall make an order appointing viewers, and shall proceed in all respects as in cases of application to establish public highways under the existing laws of this Commonwealth; and shall, upon receiving the report of the viewers, order a writ of ad quod damnum and cause to be condemned, as lands are condemued for public highways, such right of way, not exceeding one hundred feet in width, or such landing place or depot, not exceeding two acres: Provided, That in said application the said company shall, as near as may be, describe the land proposed to be viewed and condemned: And provided, That the viewers so appointed shall report to the said court that the use and enjoyment of the right of way, landing place, or depot proposed would, according to their best judgment and belief, be of advantage to, and facilitate the business of, the said company; and upon the filing of such report, together with the statement of said viewers, under oath, that they have viewed and marked out the landing place, depot, or right of way proposed, or have staked off the same, the said court shall order, and cause to be issued to the sheriff of said county, or to the jailer or coroner if the sheriff is interested, a writ of ad quod damnum as aforesaid; and it shall be the duty of the officer to whom such writ shall issue, to proceed forthwith to summon and impannel a jury of the freeholders of the county not related to the owner or owners of the land sought to be condemned, nor to any stockholder of the said company, and not residing within one mile of the land sought as aforesaid to be condemned, or of any part thereof, and, together with the jury so impanneled, and duly sworn, proceed as the law directs. And upon the return of the writ and inquest of the jury, the said court shall, upon the payment of the damages assessed by the jury to the owner or owners of the land, or upon the payment thereof into court by the said company, or its agent, make an order condemning and establishing such right of way, landing place, or depot as aforesaid, for the use, enjoyment, and occupancy of the said company; and all costs and expenses incurred in these proceedings shall be paid by the said company. And the said court shall, by its order, require said company to make and keep in repair suitable grades and causeways to enable the adjacent owners, or the public, conveniently to cross any railroad or plank road which may be built by said company upon any right of way so condemned as aforesaid for their use, enjoyment, and occupancy. § 12. That nothing contained in this act shall give to or confer upon said company any right of a ferry or ferry franchise, or authorize any interference with any ferry 1861. privilege now secured to others, or which may hereafter be secured to them by law. § 13. That this act shall take effect immediately. Approved December 20, 1861. CHAPTER 295. An ACT for the benefit of Joseph G. Harrison, late sheriff of Daviess county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Joseph G. Harrison, late sheriff of Daviess county, be allowed the further time of two years to collect the outstanding revenue, taxes, and fee bills not yet collected by him, and in his hands, or due him at the expiration of his term of office; the said Harrison and the sureties in his official bond to be subject to the penalties now prescribed by law for the illegal issue of fee bills and levy of executions. 2. This act shall take effect from and after its passage. Approved December 20, 1861. CHAPTER 296. AN ACT for the benefit of William Payne, jailer of Rockeastle county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the sixth section of the second article of the Revised Statutes, title Jailers, requiring jailers to reside within two hundred yards of the jail, shall not apply to William Payne, the present jailer of Rockcastle county. The said William Payne may be, and is hereby, permitted to reside at his present place of residence, in, or near the town limits of the town of Mount Vernon, in said county, and his so residing shall not be deemed a violation of the section of the statute referred to. § 2. This act shall be in force from its passage. Approved December 20 1861. CHAPTER 297. AN ACT to amend an act to regulate the toll and management of the Crab Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That hereafter no person living in or owning stone coal banks in Rockcastle county, shall be required to pay toll at the gate in said county, on wagons loaded entirely with stone coal for their own use or for sale. § 2. This act to take effect from its passage. Approved December 20, 1861. 1861. CHAPTER 299. AN ACT for the benefit of John W Campbell and John B. Holladay. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the further time of two years be, and the same is hereby, allowed John W. Campbell and John B. Holladay, late sheriffs of Nicholas county, to collect all fee bills and unpaid taxes for the terms for which they were sheriffs; and they are authorized to distrain for the same, and use all such means of collection as existed at the time said fee bills and taxes were due: Provided, however, That the sureties of said sheriffs shall be responsible with their principals for any injury which may result to any citizen by reason of the conduct of the parties under this act. § 2. This act to take effect from and after its passage. Approved December 20, 1861. CHAPTER 300. AN ACT to amend the charter of the town of Somerset. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1 That section 19 of an act, entitled "An act to incorporate the town of Somerset," be so amended that the police judge of said town shall have jurisdiction within the limits of the magistrates' district in which the town of Somerset is situated, of all causes, civil, criminal, or penal, in which justices of the peace have jurisdiction. § 2. That the 17th section of said act be so amended as to authorize the marshal of said town to execute all process which may issue from under the hand of the judge aforesaid. §3. This act to take effect from its passage. AN ACT for the benefit of John B. Hall and James Clayton. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor is directed to draw his warrant on the treasury, to be paid out of the school fund, for the sum of one hundred and twenty-nine dollars, in favor of John B. Hall and James Clayton, for money advanced by them, as trustees of common school district No. 63, in Shelby county, to pay the teacher in said district for services rendered in 1860, said sum being due said district for back pay for the years 1856, 1857, and 1858. § 2. This act shall have effect from its passage. Approved December 21, 1861. CHAPTER 305. AN ACT for the benefit of school district No. 42, in Henderson county. WHEREAS, It is represented to this General Assembly that the trustees of school district No. 42, in Henderson county, failed to report to the commissioner of said county in time for him to report to the Superintendent of Public Instruction for the year 1860; said trustees have since made out their report according to law, and the same is now on file in the office of the commissioner of common schools in Henderson county, and report sixty-one scholars for the year 1861; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the Auditor be, and he is hereby, directed to draw his warrant on the Treasurer for the sum of seventythree dollars and twenty cents, in favor of the commissioner of common schools for Henderson county. § 2. This act to take effect from its passage. Approved December 21, 1861. CHAPTER 307. AN ACT providing for the collection of the public revenue and county levies for 1861, in the county of Muhlenburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the sheriff, or other person who may have given, or shall hereafter give bond in the Muhlenburg county court, for the collection of the revenue tax and county levy for the year 1861, shall be allowed until the 1st day of April, 1862, for the payment of the one half of the revenue into the treasury, and until the 1st day of June, 1862, for the payment of the residue; and he shall be allowed the same time to pay, in like proportions, the county levy. He shall be allowed until the 1st day of May, 1862, to return his delinquent list into the county court. § 2. Nothing in this act shall be construed so as to release the said Moses Wickliffe, and his sureties, from any liability which they may have incurred, in consequence of the failure of said Wickliffe to collect and pay into the public treasury the revenue due for the county of Muhlenburg for the year 1861, or to collect and pay the county levies for said county for the same year; but the liability of the said Wickliffe, and his sureties, for said revenue and county levies, the interest and damages fixed by law, shall be and remain as full and complete as if this act had not been passed. 3. This act to take effect from and after its passage. 1861. CHAPTER 308. AN ACT for the benefit of persons in Jessamine county who have subscribed and paid in stock to aid in the construction of turnpike roads in said county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all persons residing in the county of Jessamine who have subscribed and paid in stock to aid and assist in building turnpike roads in said county of Jessamine, be, and they are hereby, entitled to an exemption of one hand. from working on any public road in said county for each one hundred dollars of stock thus subscribed and paid in, any law to the contrary notwithstanding. §2. This act to take effect from and after its passage. Approved December 21, 1861. CHAPTER 310. AN ACT for the benefit of the Old Frankfort turnpike road company. WHEREAS, The Old Frankfort turnpike road company, a corporation established by an act of the Legislature, did, on the 25th day of June, 1859, make a deed of trust and mortgage to John Thorns, Samuel H. Chew, John Jackson, John Utterback, Ellison H. Arnett, and Robert Dedman, conveying to them all the property, interests, rights, franchises, effects, tolls, and incomes of said company, then |