CHAPTER 1488. AN ACT to prevent unlawful charges for transportation of freight by railroad companies. Be it enacted by the General Assembly of the Commonwealth of Kentucky: schedule of of this act §1. All railroad companies doing business in this State, To keep posted whether upon lines of railroad owned or leased by them, shall freights and copy cause to be posted, in a conspicuous place, in the public office of all their freight and passenger depots, and to keep continuously posted, a schedule of the maximum rate of freight allowed to be charged by law upon their respective lines of road, and a copy of this act, and between their respective stations; and shall also keep, in like manner, posted a schedule of the rates of freight actually charged, and a copy of this act. These schedules, and a copy of this act, shall be printed in plain type, and placed where they can be conveniently examined by the public. ure. 2. For a failure to comply with this act, and to post said Penalty for failschedule, and a copy of this act, herein directed, companies so failing, and the president and superintendent of said companies, shall each be guilty of a misdemeanor, and, upon conviction thereof, shall be fined one hundred dollars for each offense; and the failure to so post said schedule, and a copy of this act, shall be a distinct and separate offense for each depot omitted. §3. The publication, as aforesaid, of a rate of freight ex- Misdemeanor. ceeding that allowed by law shall be a misdemeanor on the part of the company, and of its president and superintendent and directors, and, upon conviction thereof, they shall each be fined one hundred dollars for each depot in which such false publication is made. charging greater rate of freight. § 4. If any railroad company shall charge a greater rate Penalty for of freight than allowed by law, or than the regular schedule rate, it shall, upon conviction, be fined one hundred dollars: Provided, If any agent or employe shall be willfully guilty of the violation of any of the provisions of this act, the said company shall be fined not exceeding one hundred dollars : Provided further, That the company shall not be liable penally for the wrong of the agent or other employe, unless they authorize the wrong or sustain the agent in it after its commission. prosecuted. § 5. The offenses denounced in this act shall be prosecuted Where to be by indictment in the circuit courts and courts of like jurisdiction; and for offenses mentioned in the second and third sections, the court sitting in the county in which the depot is situated where the offense is charged to have been committed, shall have jurisdiction; and for the offense mentioned in the fourth section, the courts sitting in the county in which the depot is situate from which the freight is sent, and the county in which the depot is situate to which the freight is sent, shall have concurrent jurisdiction. 6. A conviction of the offenses mentioned in the second and third sections of this act shall not be a bar to another prosecntion for subsequently continuing the offense. § 7. The word superintendent, as used in this act, shall be construed to mean the person in this State who has the general management and control of the transportation of freight. Approved May 5, 1880. Militia. years. CHAPTER 1489. AN ACT to amend an act, entitled "An act in relation to the militia of this Commonwealth, and the organization of the Kentucky State Guard," Approved April 8, 1878. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act in relation to the militia of this Commonwealth, and the organization of the Kentucky State Guard," approved April 8, 1878, be, and the same is Commissioned hereby, amended as follows: All commissioned officers, ex-' officers' term 3 cept general staff officers, shall be elected or appointed, as the case may be. for the term of three years; and in the event of the re-election or re-appointment of an officer to the same position at the expiration of his term of office, his rank shall date from the date of his first commission. This provision shall apply to officers now holding office by election or appointment. §2. Every member of the State Guard, while in attendance When considered at the regular drill provided for by section twenty-nine of on active duty. the act herein amended, or at any parade, review, battalion, or regimental drill, or any escort duty, or paying military honors, or either, within or without this State, on any military excursion authorized by the Governor or by his commanding officer, shall be considered on active duty during such time, except as to pay and rations. panies author §3. In addition to the companies now authorized in Jef- Additional comferson county, there may, in the discretion of the Governor, ized. be added to the first battalion, known as the Louisville Legion, one company, to be equipped and drilled as infantry and as dismounted cavalry, and which shall be mounted as cavalry when necessary or advisable, and one company of cadets, which shall be equipped and instructed in the infantry and the dismounted artillery and cavalry drill, for the purpose of qualifying them for enlistment in any of the branches of the State Guard service, when they attain the required age, and who shall not, as cadets, be required to do any military duty, except in drill and camps of instruction; but, so far as their organization, discipline, and privileges go, shall be governed by the State Guard laws. The commander of the Louisville Legion shall, in orders, prescribe the qual ification and obligation of the cadet's enlistment. gion. § 4. The Governor may, when he deems it advisable, or- Louisville Leganize the Louisville Legion into a regiment, with two battalions, of not less than three companies each. be held. § 5. Hereafter, in the election of field officers, each com- How elections to pany of the command for which the field officer is to be chosen, shall, at such time as may be directed by the Governor's orders, proceed to ballot for such officers in the manner prescribed for election of company officers; and the Governor shall direct how the returns shall be made and certified. from § 6. In consideration of the primary obligation of military Exempt service, and the requirement of frequent military drill and jury service. instruction, the officers and enlisted men of the Kentucky State Guard are exempted from jury service. tion. County judge to provide place for keeping the pub lic arms § 7. The Governor may order any part of the State Guard Military instrucinto active service, for not exceeding a period of two weeks in any one year, for the purpose of military instruction in camp. § 8. Where State Guard military companies have been, or may hereafter be, organized, and furnished with public arms by the Governor, in any county of this Commonwealth, the presiding judge of such county shall provide, at the cost of the county, some safe place for keeping such public arms, where they will be at all times accessible to the company, and suitable for military instruction: Provided, That in cities bership. where the population exceeds twenty thousand souls, such provision shall be made at the cost of the city by the municipal government thereof. 9. Where officers who have done good service shall resign, Honorary mem- and non-commissioned officers and privates shall be honorably discharged, they may be admitted to membership in the company, battalion, or regiment in which they have served, as a veteran corps, not subject to active service except as part of the enrolled militia, and be governed by such regulations as may be prescribed in the by-laws of the command to which such corps may belong; and if officers are unable to perform active service by reason of ill health, they may, under the Governor's order, be detached from their companies or battalions or regiments and assigned to staff or special duty. § 10. This act shall take effect from its passage. Approved May 5, 1880. Settlement of the accounts of J. W. South provided for for $3,500. CHAPTER 1495. AN ACT to provide for the settlement of the accounts of J. W. South, decensed, late Keeper of the Penitentiary. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the Commissioners of the Sinking Fund are hereby directed to make a settlement of the accounts of J. W. South, deceased, late Keeper of the Penitentiary, as directed by the provisions of chapter eighty-five of the General Statutes, applicable to such settlement. 2. And for the purpose of making a full and final settleTo receive credit ment of all accounts and all matters and things growing out of the election and qualification of said South as Keeper of the Penitentiary, under his last election, said Commissioners of the Sinking Fund are hereby directed to credit the legal representatives of the said South with the sum of thirteen thousand five hundred dollars, being the amount of rent of the Penitentiary, accrued from the first day of March, 1879, the commencement of the term of said South as Keeper, up to the fifteenth day of April, 1880, the date of his death: Provided, That this credit is to be given only upon the condition that the said legal representatives of the said South shall file Written accept ance. with said Commissioners a written acceptance of the provis- Approved May 5, 1880. Entire possession, &c, to be surrendered. CHAPTER 1496. AN ACT to further regulate the retail traffic in spirituons, vinous, and malt liquors and nostrums used as a beverage. Be it enacted by the General Assembly of the Commonwealth of Kentucky: tain license. § 1. That it shall be unlawful for any druggist to sell in Druggist to obany county, town, district, or place in which the retail traffic in spirituous, vinous, and malt liquors is prohibited by law, any spirituous, vinous, or malt liquors, or any nostrum containing alcohol, which may be used as a beverage, unless he shall first obtain from the county court of the county a |