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visions of this act. If at the first election held under this act a majority of the legal voters fail to indorse the same, then, upon a petition of twenty or more citizens of said district to the county judge, he shall order an election or elections at such time or times as may be agreed upon by said petitioners: Provided, however, That said election or elections shall be duly advertised at least two weeks before the holding of the same, either by printed or written notices.

Approved April 19, 1888.

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CHAPTER 1166.

AN ACT to amend the charter of Bryantsville, Garrard county, regulating the use of any money that may accumulate in the treasury thereof.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That it shall be lawful for the board of trustees of the town of Bryantsville, Garrard county, Kentucky, to use any funds that may accumulate in the town treasury, whether derived from taxation, the collection of fines and penalties for the violations of the laws and ordinance of the town, or from any other source, for paying the salary of the town marshal, police judge or other police officers, keeping the streets in repair, and any other purpose that a majority of the board of trustees may deem for the public good.

§ 2. This act shall take effect from its passage. Approved April 19, 1888.

CHAPTER 1167.

AN ACT for the benefit of common school district No. 39, in Hart county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the title to Hart Seminary, in common school district No. 39, in Munfordville, Hart county, Kentucky, and the lot on which it stands, is hereby vested in the trustees of common school district No. 39, to be held, used and controlled under the common school laws of Kentucky as now provided by the laws. applicable to all lands and common school buildings now held and controlled by the trustees of common school districts in Kentucky.

§ 2. This act shall take effect from its passage. Approved April 19, 1888.

CHAPTER 1168.

AN ACT for the benefit of S. M. Tutt, of Wolfe county.

WHEREAS, At the November term, 1885, of the Wolfe circuit court, Daniel Noble was tried in and under an indictment of said court, on the charge of "attempting to commit a rape on the body of an infant," and found guilty of said charge by the jury, and his punishment fixed at five years' imprisonment in the penitentiary of this State; but before judgment was rendered against him on the charge, he made his escape and ran at large until S. M. Tutt, the former sheriff of said county, rearrested him in Breathitt county, some distance from Wolfe county, and delivered to the jailer of Wolfe county; after which judgment was rendered against said Noble on said charge, and under the same he was conveyed to said penitentiary, where he has been ever since, and

is now serving out said sentence; whereas, said Tutt was at much trouble and expense in ascertaining where said Noble was after his escape, and in making his arrest and conveying him to said jailer, and for which Tutt has never received any compensation; therefore,

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 upon the Treasurer, in favor of S. M. Tutt, for the sum of twentyfive dollars, to be paid out of any money not otherwise appropriated.

§ 2. This act shall take effect from and after its passage.

Approved April 19, 1888.

Extension of time to complete road.

other companies.

CHAPTER 1169.

AN ACT to amend the charter of the Northern Division of the Cumberland and Ohio Railroad Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That an act, entitled "An act to amend an act, entitled 'An act to incorporate the Cumberland and Ohio Railroad Company,'" approved February 24, 1869, and amendments thereto, be so amended as to allow the further time of five years from and after March 18, 1888, to complete any portion of said road from Shelbyville, in Shelby county, to Eminence, in Henry county.

§ 2. Said northern division of the Cumberland and Right to sell to Ohio Railroad Company has, by this act, full power and authority to sell, lease or otherwise dispose of any of its rights of way, road-bed property and other franchises to any other railroad company or other company, by first obtaining the consent of a majority of

all of the stockholders, to be obtained at a meeting thereof, and after such notice of the time and place of such meeting as is now required in meetings of that character, under the provisions of the charter of said company.

and mortgage.

3. Nothing in this act shall be construed to inter- Existing lease fere with, or in anywise affect, any existing lease or mortgage, or any bonds issued thereunder, upon the portion of said road now under lease or mortgage to any other company.

this charter effect

§ 4. The acceptance of this amendment by the north- Acceptance of ern division of the Cumberland and Ohio Railroad of. Company shall be construed as an abandonment and waiver of all right or authority to acquire or hold any real estate, except so much only as may be necessary for its right of way and depot grounds, and such other only as may be necessary for the operation of its line of road. And this amendment is not to be construed as authorizing any tax to be voted, or any question of taxation to aid in its construction, to be submitted to the voters of any county or town, or taxing district along its line; on the contrary, all rights to submit questions of taxation for any and all purposes, as provided in the original charter, are waived and abandoned by the acceptance of this amendment.

5. This act shall take effect from and after its passage.

Approved April 19, 1888.

CHAPTER 1170.

AN ACT for the benefit of common school districts Nos. 25 and 29,
Logan county.

WHEREAS, Twenty (20) pupil children were omitted in the census report of school district No. 25, Logan county, for the school year ending June 30th, 1887, and five (5) pupil children were omitted in the census

report of school district No. 29, Logan county, for the school year ending June 30th, 1888; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Superintendent of Public Instruction is hereby authorized to draw his draft on the Auditor of Public Accounts in favor of J. H. Morton, county superintendent of Logan county, for the sum of fortysix ($46) dollars and ten (10) cents, payable as follows: Undistributed surplus and interest for 1886-'87, six ($6) dollars and six (6) cents; undistributed surplus and interest for 1887-'88, two ($2) dollars and seven (7) cents, and thirty-seven ($37) dollars and ninetyseven (97) cents out of the surplus and interest for the school year ending June 30th, 1889.

§ 2. This act shall take effect from its passagǝ.

Approved April 20, 1888.

CHAPTER 1171.

AN ACT to amend an act, entitled "An act to incorporate the Kentucky Trust and Investment Company," approved March 1, 1888.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the following words be added to section 3 of an act, entitled "An act to incorporate the Kentucky Trust and Investment Company, of Bowling Green, Kentucky," approved March 1, 1888, and that the same be made a part thereof, to wit: "And shall be subject only to such liabilities as other share-holders are subject to, which liabilities are no more than for the payment to the company of the sums due, or to become due, on the shares held by them."

§ 2. This act shall take effect and be in force from its passage. Approved April 20, 1888.

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