under any navigable waters and on and across the land of any person: Provided, That fixtures of said company shall not interfere with the travel on and along said roads, nor obstruct the navigation of said waters. tion 4679a, Ken §. 2. If such telephone company, partnership or in- Amendment to sec. dividual, can not obtain the right of way by contract, tucky Statutes. companies, partnerships or individuals may proceed to institute condemnation proceedings to obtain the desired right of way, which proceedings shall be substantially the same as is provided in chapter 125a (section 4679a, Kentucky Statutes), in respect to proceedings to acquire the right of way for telegraph companies. § 3. The provisions of this act shall not apply to any incorporated town or city. Approved March 21, 1904. CHAPTER 72. AN ACT to amend section 5 of an act, entitled "An Act creating the county of Beckham" and providing for transfer of assessment lists. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section 5 of an act, entitled, "An act creating the county of Beckham," and which section Beckham county has reads as follows: The act creating been held unconstitutional and this act is therefore void. Zimmerman v. Brooks and Carter 25 L. R. " 5. The said commission shall have the power,, and it shall be its duty, to provide temporary places for County v. Brooks. holding courts and keeping the public records of said Beckham county until permanent buildings are provided for such purposes," be so amended as to read as follows: " 5. The said commission shall have the power, and it shall be its duty, to provide temporary places for holding the courts and keeping the public records of said Beckham county until permanent buildings are provided for such purposes; that it shall be the duty of the county courts of any county, whose territory is affected by the act creating the county of Beckham, to direct the county court clerks to compile, make up and certify to the county court clerk of Beckham county the property assessment lists, already made for the current year, of the property properly assessable in Beckham county by reason of its location therein; and the sheriffs of said adjoining counties so affected are respectively relieved from the responsibility of the collection of such tax lists so certified to the county court clerk of Beckham county. For the service of so compiling and certifying such lists as herein provided, the fiscal court of Beckham county shall allow to such county court clerks a reasonable compensation, pay able out of the revenues of said Beckham county." § 2. WHEREAS, It is necessary that the taxes due the county of Beckham be collected when due, an emergency is declared to exist, and this act shall be in force from and after its passage and approval by the Gover nor. Approved March 21, 1904. CHAPTER 73. AN ACT to amend section 1054, Kentucky Statutes, which is section 34, article 3 of an act, entitled "An Act relating to courts of justice," which became a law and was approved by the Governor June 10, 1893. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section 1054, Kentucky Statutes, which is section 34, article 3 of an act, entitled "An act relating to courts of justice," which became a law and was approved by the Governor, June 10, 1893, be amended by striking therefrom the following language, to-wit: "When the value in controversy is over ten dollars, exclusive of interest and cost," and inserting the words "in civil cases," so that said section, when amended, will read as follows, to-wit: "Appeals may be taken to the Quarterly Court from all judgments and orders of justices, fiscal, city or police, ordinance courts in civil cases." Provided, That, in all cases which involved a question of exemption, appeal shall be granted to the defendant without the execution of a bond as required in other cases of appeal. Approved March 21, 1904. Bonds not re quired in suits in volving questions of exemptions. Leaving State to keep from testifying. Penalty for. Penalty for procuring to leave State. Conspiracy to induce witness to leave. Penalty. CHAPTER 74. AN ACT to prevent the suppression of testimony. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That if any person shall leave the State of Kentucky or avoid service of process by any means whatever, so as to avoid being compelled to testify before any Legislative Committee or Grand Jury he shall be deemed guilty of a misdemeanor, and upon conviction, may be fined from thirty dollars to five hundred dollars, and imprisoned from thirty days to six months, or he may be so fined or imprisoned, at the discretion of the jury. § 2. If any person shall cause or procure the absence of such witness, as defined in the preceding section, he shall be deemed guilty of a misdemeanor, and may be fined or imprisoned, as provided in the foregoing section, and if the offender be a practicing lawyer such conduct shall be grounds for his disbarment, and prohibition thereafter to practice law, and he may be tried before any circuit judge, whether he has been tried and convicted before a jury or not. § 3. A conspiracy among two or more persons to violate the provisions of this act shall make such conspirator liable for the punishment in the first section laid down, and while all the evils against which this act is addressed are of constant occurrence and greatly hinders and impedes legislative committees and courts of justice, an emergency is declared to exist, and this act shall take effect from and after its passage. Approved March 21, 1904. CHAPTER 75. AN ACT for the benefit of and to reimburse cemetery companies in this State for the over-payment of taxes. Auditor and county to credit future companies where paid taxes barred by WHEREAS, Certain cemetery companies in this State, during the year 1903, have paid into the Treas- taxes of cemetery ury of this State taxes under the authority of the said companies have case decided by the Court of Appeals of Kentucky, of limitation. the Commonwealth v. The Lexington Cemetery Company, decided November 18, 1903, and reported in volume 24, page 924, of the Kentucky Law Reporter, for ten years prior to the year 1903, when said companies, if they had relied upon the statute of limitations in such cases made and provided, would have been liable, and should have paid, for only five years prior to and including the year 1903, as decided by the Court of Appeals of Kentucky, in an opinion filed March 25, 1903, in the case of the Commonwealth, &c. v. Nute, and reported in volume 24, page 2138, of the Kentucky Law Reporter; and, WHEREAS, it is not just or proper that such cemetery companies should be required to pay back taxes for a longer period in the past than other persons; Now, therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That wherever any cemetery company, organized under the laws of this State, against which tax proceedings have been instituted for back taxes during the year 1902 or 1903, has paid taxes for a longer period than five years prior to the date of the institution of such proceedings, said cemetery company |