sible for loss. the rooms of the Board of Trade in the city of Louisville, and shall not increase them during the intervening time. § 13. No public warehouseman shall be held responsible. When notrespon for any loss or damage to property by fire while in his custody, provided reasonable care be exercised to protect and preserve the same, nor for loss or damage by heating, if be has exercised due care in handling and storing the grain, and the heating resulted from causes beyond his control Το prevent injustice from heating, it shall be the duty of the warehouseman, as nearly as possible, to deliver out grain of each grade in the order of time in which it was received. In Duty when grain case, however, that a warehouseman shall discover that any is injuring part of the grain in his warehouse is out of condition, or becoming so, and it is not in his power to preserve the same (provided it is not stored in a separate bin, as above provided for), he shall, by notice published in a daily newspaper of Louisville, or in the county where the warehouse is situated, if there be one, and posted at the Board of Trade rooms, of its actual condition, as near as he can ascertain it, state the kind and grade of grain, and the bin in which it is stored, and shall also state, in such notice, the receipts outstanding upon which such grain will be delivered, giving the numbers, amounts, and dates of each, which receipts shall be those of the oldest dates then in circulation or uncanceled, the grain. represented by which has not previously been declared or receipted for as out of condition; or if the grain longest in store has not been receipted for, he shall so state, and shall give the name of the party for whom such grain was stored, the date it was received, and the amount of it; and the enumeration of receipts and identification of grain so discredited shall embrace, as near as may be, as great a quantity of grain as is contained in such bins; and such grain shall be delivered upon the return and cancellation of the receipts, and the unreceipted grain upon the request of the owner or Proper diligence person in charge thereof. Nothing herein contained shall be held to relieve the said warehouseman from exercising proper care and vigilance in preserving such grain after publication of its condition; but such grain shall be kept separate and apart from all direct contact with other grain, and shall not be mixed with other grain while in store in such warehouse. Any warehouseman guilty of any act or neglect, the effect of required. which is to depreciate property stored in the warehouse under his control, shall be held responsible as at common law, or upon the bond of such warehouseman, and, in addition thereto, the license of such warehouseman shall be revoked. In case the grain declared out of condition, as herein provided for, shall not be removed from store by the owner thereof within two months from the date of the notice of its being out of condition, it shall be lawful for the warehouseman where the grain is stored to sell the same at public auction, for account of said owner, by giving ten days' public notice in a daily newspaper of Louisville, or of the county where the warehouse is situated, if there be one. tamper with § 14. It shall not be lawful for any public warehouseman Not to mix or to mix any grain of different grades together, or to select grain. different qualities of the same grade, for the purpose of storing or delivering the same, nor shall he attempt to deliver grain of one grade for another, or in any way tamper with grain while in his possession or custody, with a view of securing any profit to himself or any other person; and in no case, even of grain stored in a separate bin, shall he be permitted to mix grain of different grades together while in store. He may, however, on request of the owner of any grain stored in a private bin, be permitted to dry, clean, or otherwise improve the condition or value of any such lot of grain; but in such case, it shall only be delivered as such separate lot, or as the grade it was originally when received by him, without reference to the grade it may be as improved by such process of drying or cleaning. Nothing in this section, however, shall prevent any warehouseman from moving grain while within his warehouse for preservation or safe-keeping. lect of. 15. Any duly authorized inspector and weigher of grain, inspector-negwho shall be guilty of neglect of duty, or who shall knowingly or carelessly inspect or grade any grain improperly, or who shall accept any money or other consideration, directly or indirectly, for any neglect of duty, or the improper performance of any duty as such inspector of grain; and any person Pena't. who shall improperly influence any inspector of grain in the performance of his duties as such inspector, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in a sum not less than $100 nor more than $1,000, in the discretion of the jury, or shall be imprisoned in the county posted. jail not less than three nor more than twelve months, or both, in the discretion of the jury. § 16. All proprietors or managers of public grain wareCopy of act to be houses shall keep posted up at all times, in a conspicuous place in their business offices, and in each of their warehouses, a printed copy of this act. § 17. This act shall take effect on the first day of June, 1880. Approved April 28, 1880. of Equalization CHAPTER 1290. AN ACT to amend an act, entitled "An act to prescribe the mode of ascertaining the value of the property of railroad companies for taxation, and for taxing same," approved April 3, 1878. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of an act, entitled “An act to prescribe Railroads-Board the mode of ascertaining the value of the property of railroad abolished. companies for taxation, and for taxing same," approved April 3, 1878, as authorizes the Governor to appoint a Board of Equalization for the purposes therein set forth, and as fixes and allows pay to the members of said board, is hereby repealed, and the said board abolished. missioners appointed. $2. The duties prescribed therein to be performed by said Raitoad Com- board shall hereafter be performed by the Railroad Commissioners provided for by an act, entitled "An act to establish a Board of Railroad Commissioners, and prescribe their powers and duties," approved April 21, 1880. $3. This act shall take effect from its passage, and shall repeal so much of all acts and parts of acts as are inconsistent with its provisions. Approved April 29, 1880. CHAPTER 1291. AN ACT to amend and act, entitled "An act to re-establish the Institution for the Education and Training of Feeble-minded Children," approved February 23, 1874. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to re-establish the In Institution As abolished. stitution for the Education and Training of Feeble-minded Feeble-Minded Children," approved February 23, 1874, be, and is hereby, so sistant Physician amended that the office of assistant physician is abolished, and hereafter the medical superintendent shall discharge the duties heretofore performed by said assistant physician. §2. That no commissioner nor other officer shall sell anything to the institution, nor make with them any contracts in which he is directly or indirectly interested. of. §3. That the steward, by direction of the medical superin Steward -duties tendent, shall purchase and furnish to the institution all needed supplies of every description, and shall consult him as to the character, quantity, and quality of all such supplies. They shall be bought where they can be bought cheapest, due regard being paid to quality as well as price. §4. This act shall take effect from its passage. Approved April 29, 1880. CHAPTER 1295. AN ACT to prevent the presentment and payment of fraudulent claims out of the Treasury. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Fraudulent § 1. That any justice of the peace, sheriff, constable, marshal, guard, or other peace officer, or other person whatso- claims ever, who shall willfully make out, or present, or procure to be made out or presented, for allowance, to any court or officer of this Commonwealth having authority to certify claims to the Auditor or Treasurer for allowance or payment, any fraudulent or incorrect claim for himself or another against the Commonwealth, for services incident to the arrest, trial, or conviction of any person or persons charged Penalty for, &c. with felony, or for the transportation of person or persons under arrest or conviction to the jail, penitentiary, or from one county to another, shall, upon conviction, be confined in the penitentiary for not less than one nor more than four years. 2. This act shall be specially given by the circuit judges of the Commonwealth in their charges to the grand juries in their respective counties and districts. To be given in charge to grand juries. §3. This act shall take effect and be in force from and after its passage. Approved April 29, 1880. Board of Rail road Commis. sioners to perform duties of Board of Equalization. To take efet CHAPTER 1297. AN ACT to amend an act, entitled "An act to establish a Board of Railroad Commissioners and prescribe their powers and duties," approved April 21, 1880. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an aet, entitled "An aet to establish a Board of Railroad Commissioners, and prescribe their powers and duties," approved April 21, 1880, be amended as follows, to-wit: The commissioners provided for by the said act to which this is an amendment, shall constitute a Board of Equalization for the purpose set forth in an act, entitled "An act to prescribe the mode of ascertaining the value of the property of railroad companies for taxation, and for taxing same," approved April 3, 1878, and shall perform all of the duties imposed by said act, approved April 3, 1878, on the Board of Equalization therein provided for, in all particulars as if they had been appointed under the provisions of said act. §2. The said aet approved April 21, 1880, to which this is an amendment, shall take effect from its passage, and remain in force for two years. This act shall take effect from its passage, and remain in force until April 21, 1882, and shall repeal so much of all acts and parts of acts as are inconsistent with its provisions. Approved April 29, 1880. CHAPTER 1312. AN ACT authorizing the Auditor to appoint agents to attend to revenue matters. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts may appoint an Auditor's agent. agent in each county in this Commonwealth, or he may, in his discretion, appoint an agent for several counties, who shall discharge the duties imposed by law. No agent shall |