How tavern li cense may be ob tained. To sell spiritu: implied by tav ous liquors not ern license. er to grant right to sell liquor. AN ACT to amend an act, entitled, an act to regulate the retailing of ardent spirits. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon granting any tavern license by any court, or the trustees or authorities in any county, city, or town in this commonwealth, there shall be charged to the party obtaining said license a tax to the commonwealth of not less than five nor more than ten dollars, to be collected and accounted for as now required by law. § 2. That the privilege to sell spirituous liquors shall not be implied or embraced in any license to keep a tavern, as heretofore, nor in a license to keep any coffee house, boarding house, restaurat, or other place of entertainment licensed by any county court, or the trustees or other authority in any town or city, unless the said court, trustees, or other authority shall deem it expedient so to do, and shall specify said privilege in such license. § 3. It shall be the duty of any court, trustees, or other Court has pow. authority, who, in the exercise of their discretion, shall grant a license to retail spirituous liquors in connection with a license to keep a tavern, coffee house, restaurat, or other place of entertainment, to charge to and collect from the person so obtaining such license, a distinct and additional tax to the commonwealth, for the privilege aforesaid, of not less than ten nor more than twenty-five dollars, at their discretion, which sums shall be paid over and accounted for as taxes on tavern licenses are paid. License not to be granted to druggist or merchant to sell less than a quart, by clerk. § 4. That no license shall hereafter be granted to any merchant, druggist, or other person, to sell spirituous liquor in quantities not less than a quart, by the clerk of any county; but all such persons as, by existing laws, may obtain such licenses from clerks, shall apply to the county courts, and the county courts may, in their discretion, grant such licenses, provided such applicants are merchants or druggists in good faith, and charge for such license a tax of not less than five nor more than fifteen dollars, and cause the same to be collected and accounted for as taxes on tavern licenses: Provided, that no druggist who may sell ardent spirits or wines for medical purposes only, shall be required to procure a license to sell the same. Approved December 13, 1851. CHAPTER 119. AN ACT to change the time of holding the Clinton Circuit Court, and allowing an additional week to the Cumberland Circuit Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of an act, entitled, an act to fix the time of holding circuit courts in this commonwealth, approved March 22, 1851, as applies to the counties of Cumberland and Clinton, be and the same is hereby repealed, and that hereafter the Circuit Courts in those counties shall be held and continue as follows, to wit: In the county of Cumberland, on the third Monday in May and the third Monday in November, and continue, each, twelve juridical days; and in the county of Clinton, on the first Monday in June, and on the first Monday in December, and continue, each, six juridical days. Approved December 13, 1851. 1851. CHAPTER 134. AN ACT allowing appeals from orders of County Courts fixing ferry rates. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the owner of any ferry in this commonwealth who shall feel himself aggrieved by the order of any county court in fixing, or changing, or refusing to increase the rates of his ferry, may appeal to the circuit court of the county at the same term of the county court at which said order is made, or may prosecute a writ of error at any time within sixty days. Owners of fer. ries may appeal in fixing rates. to circnit courts Circuit court shall hear. de rates. §2. That the county attorney may take an appeal in the name of the commonwealth to the circuit court, or prose- termine, and Bx cute a writ of error within sixty days from any order fixing or refusing to diminish the rates of ferriage at any ferry. The circuit court shall hear and try the question of fixing or altering the rates as an original case, and shall have power to order the rates of ferriage to be fixed by the county court. § 3. The owner of any ferry, upon serving notice on the county attorney, and setting up a notice at the court house door one month beforehand, may move the court to increase the rates of his ferriage, and the county attorney, upon giving written notice to the owner one month beforehand, may move the court to diminish the same. § 4. No appeal or writ of error shall be prosecuted in the name of the commonwealth, unless some person becomes responsible to the adverse party for his cost in the same. How rates may be increased. Approved December 15, 1851. CHAPTER 139. AN ACT to prohibit certain officers from trafficking in claims on county treasuries. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, it shall not be lawful for any county judge, justice of the 1851. peace, or county attorney, to traffic for, purchase, or speculate in any claim or claims, to be allowed by the court of claims of the county of which he or they may be said judge, justice of the peace, or attorney; and that, for any violation of the provisions of this act, he or they may be punished by fine in a sum twice the amount of the claim so bought as aforesaid, upon the presentment or indictment of a grand jury. Approved December 20, 1851, CHAPTER 143. AN ACT to authorize Justices of the Peace to hold inquests in certain cases. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That whenever the dead body of any person may be found, in any of the counties of this state, and the coroner of such county shall be absent therefrom, or at such distance as would render his attendance inconvenient, and the situation of such body be such as to require its immediate interment, it shall and may be lawful for any justice of the peace, in the vicinity where such body may be found, to summon a jury and hold an inquest thereon, in the same manner as coroners are by law authorized to do; and the said justice shall be allowed the same fees as are now allowed to coroners for similar services. § 2. That the provisions of this act shall only apply to the counties bordering the Ohio and Mississippi rivers. Approved December 20, 1851. CHAPTER 153. AN ACT dispensing with commissions to certain officers of this Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all laws now in existence by which the .governor of this state is required to issue commissions for constables, marshals, county attorneys, commissioners of tax, coroners, clerks of county and circuit courts, cadets of the Kentucky Military Institute, and cadets of the Western Military Institute, be and the same are hereby repealed, and said officers shall respectively be authorized to enter upon the duties of their offices so soon as they receive certificates of their election and qualify and execute bond, as now required by law. Approved December 27, 1851. CHAPTER 159. AN ACT to allow an additional term of the Harrison Circuit C Be it enacted by the General Assembly of the Commor of Kentucky, That there shall be held, in addition to now allowed by law, a term for the trial of criming chancery causes, in the county of Harrison, commencing on the second Monday in February in each year, and may continue twelve juridical days. Approved December 27, 1851. 12 CHAPTER 162. Punishment to AN ACT to change the time of meeting of the General Assembly. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the stated biennial meetings be inflicted. of the general assembly of the commonwealth of Kentucky shall commence on the last day of December, except when that day falls on a Sunday, and then they shall commence on the day preceeding. Approved December 27, 1851. CHAPTER 200. AN ACT to punish persons for endangering life by placing obstructions on Railroads. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That any person or persons who shall willfully and maliciously tear up or displace any rail or switch, or break any bridge, viaduct, or fixture, on any railroad now in operation in this state, or which may hereafter be put in operation, or who shall place any obstructions thereon, or do any act whereby any locomotive or cars might be upset, arrested, or thrown from the track of any railroad, branch, turnout, or switch, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for not less than one nor more than five years. §2. That any person or persons who shall, by any of the unlawful acts enumerated in the first section, cause the life of any person or persons to be put in immediate peril, or shall cause any locomotive or any car to be actually thrown off of the track of any railroad, switch, or turnout, shall, upon conviction, be punished by imprisonment in the penitentiary for not less than two nor more than ten years. §3. That every person or persons who shall, by the commision of any of the aforesaid offenses, cause the death of any person or persons, shall be guilty of murder, and shall be punished with death, as in other cases. §4. That nothing in this act shall be so construed as to prevent such railroad company, or any person injured, from Punishment te be inflicted. Damages may be recovered. 1852. sustaining a civil suit for damages against any person or persons committing the offenses aforesaid. § 5. All offenses under this act shall be tried in the circuit court of the county where the offense is committed, upon an indictment of a grand jury. Approved January 1, 1852. CHAPTER 207. AN ACT to amend an act, entitled, an act further to provide for the collection of tolls on Kentucky, Green, and Big Barren rivers. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the rates of tolls, as established by the board of internal improvement on the first day of January, 1851, from and after the passage of this act, shall no longer be collected or chargeable on any flatboat descending Kentucky, Green, and Big Barren rivers, and their tributarics, from any point or place above the influence of slackwater navigation; but that all such boats shall be allowed to pass the locks and dams on said rivers by paying toll according to the rates established previous to the first day of January, 1851. Approved January 1, 1852. CHAPTER 216. AN ACT to regulate the times for holding the courts of Justices of the Peace. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the judges of the county courts in each county shall, by appropriate order entered of record from time to time, regulate the times in the months now. fixed by law for holding the justices' courts, in such manner that they shall not conflict with each other or with the terms of the county court. § 2. The clerk of the county court shall furnish each justice of the peace in the county with a copy of the order, and copies thereof shall be posted by the sheriff at the court house, and at each voting precinct in the county. Approved January 1, 1852. CHAPTER 224. AN ACT to amend an act, entitled, an act to fix the time of holding the 1. Be it enacted by the General Assembly of the Common Livingston cir wealth of Kentucky, That the circuit court for Livingston county shall hereafter commence on the second Monday in cuit court. |