to pay the same over when demanded, or should make any false report, statement, or evasion of facts, which should, in any way, deprive any person of any part of school fund that might be due them, shall, on conviction thereof, be deemed guilty of embezzlement, and be confined in the Penitentiary not less than two nor more than five years.

§ 16. The school board shall proceed at once, after the pas sage of this act, in the erection of such buildings as they may deem necessary; and said building or buildings shall be complete on or before the first day of March, 1881.

§ 17. That the provisions herein shall be so construed as to require that schools shall be taught in said buildings at least eight months in each year, according to, and subject to,

this act.

§ 18. This act shall be in force from and after its passage.

Approved March 6, 1880.

Board shall erect school buildings.

CHAPTER 378.

AN ACT to prevent stock from running at large in Kenton county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. It shall be unlawful for any person owning or having care of any horse, jack, jennet, mule, cattle, sheep, hog, or stock of any kind, to permit the same to run at large in Kenton county after this act takes effect; and any person or persons so offending shall be liable to such penalties as are prescribed and provided for in this act.

§ 2. Whenever any stock of the kind named in first section of this act shall be found running at large, it shall be the duty of the sheriff or his deputies, or the constable of the district where such stock is found, to seize upon and impound said stock, and provide for their care and keeping until the owner or owners of such stock shall have redeemed them by the payment of all fees and costs of every kind incident to said procedure.

Sheriff, &c., shall large.

impound stock at

liable for dam

§ 3. Whenever any stock shall be found trespassing upon Owners of stock the premises or inclosure of any person, the owner of said ages. stock shall be liable for all damages done, and for all fees and costs incident to the prosecution of such trespass, recoverable before any officer of competent jurisdiction (notwithstanding

Officers' fees

sold.

the premises or property so injured may not be inclosed by a lawful fence, as now required by law), and the party injured shall have a lien upon the stock so trespassing for all damages, costs, and fees, and may also have execution levied upon said stock, and the same sold in satisfaction thereof, notwithstanding it may be exempt from said levy and sale under the present law.

§ 4. For taking up stock running at large, or committing trespass, the officer shall be entitled to the following fees: for each horse, jack, jennet, mule, or colt over six months old, one dollar; for each bull, cow, steer, heifer, or calf over six months old, fifty cents; for each sheep or hog over three months old, twenty-five cents.

§ 5. It shall be the duty of the officer making the seizure Stock may be to give notice, within five days (if the owner is known) from date of seizure, to the owner or keeper of stock; and if stock found offending against the provisions of this act is not redeemed within five days after service of notice, said officers shall advertise (ten days before selling) such stock for sale in the precinct where said stock was seized upon. The sale shall be proceeded with in the same manner as sales are conducted on executions for the recovery of debt. The sale shall be made on a credit of three months, the purchaser giving bond with approved security; and for sale and advertising shall receive the same commission and fees as are allowed for sales under execution for debt.

§ 6. Any person finding any stock upon his premises, or on premises under his or her control, shall have the right to take up and hold the same as estrays are now taken up and held. When farms are lying contiguous, there being a division fence between them, the provisions of the General Statutes in such cases made and provided shall govern.

7. When the bond mentioned in the fifth section of this act shall be collected, after all the expenses connected with the seizure and sale shall be paid by him, he shall pay the residue, if any, of the proceeds of the sale over to the owner of such stock, and the sheriff shall be responsible on his official bond.

§8. This act shall be submitted to the qualified voters of This act shall be Kenton county at the next August election; and it shall be the duty of the officers of the election to be held on the first Monday in August, 1880, to open a poll, and propound to each

submitted to the

voters

voter who may vote at said election the question: "Are you for or against the stock law?" and register his vote in accordance with his response to said question, if he desires to vote thereon. The vote shall be certified and returned, examined and compared, as they are required in elections for State and county officers; and in all those election precincts where it shall appear, by the certificate of the examining board, that a majority of those voting voted in favor of the stock law, then the provisions of this act shall take effect and be in force, as hereinafter provided; and in those election precincts where a majority of those voting at said election are found by the certificate of the examining board to have voted against the stock law, then this act shall not apply or be in force in said precincts. It shall be the duty of the examining board to make out a certificate, under oath, of the votes cast at said election under the provisions of this act, giving the number of votes cast in each precinct for and against the stock law, and deliver the same to the presiding judge of the county court, who shall cause the same to be entered of record by the county court clerk.

§ 9. It shall be the duty of the sheriff, at least twenty days before the day of the next August election in each election precinct, in three public places in said precinct, to advertise that a vote will be taken on the first Monday in August, 1880, for and against the stock law.

§ 10. This act shall be enforced in all election precincts in Kenton county, except within the city of Covington, where the certificate of the examining board shows that a majority of the voters voting were in favor thereof.

11. This act to take effect from its passage.

Approved March 6, 1880.

CHAPTER 379.

AN ACT to amend the charter of the Kentucky Central Railroad Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the said company shall have power to purchase, lease, subscribe to the capital stock of, and loan its credit to any railroad now constructed, in whole or in part, or which may hereafter be commenced, and connecting with its road or

any of its branches or leased lines, upon such terms as may be agreed on with the owners or controllers thereof; and such owners or controllers are hereby empowered to make any such contract of sale or lease, and to receive such subscription of capital stock or loan of credit.

§ 2. The said company may also purchase and hold stock in any company owning or operating, by lease or otherwise, any such connecting road; and may lease its own road or roads, and sublet any road it may have leased under authority of this act: Provided, That the company, or any person or company purchasing or leasing any railroad under authority of this act, shall operate the same according to the terms of the charter thereof, and of the contract of purchase or lease, not inconsistent with the provisions of such charter: And provided further, That the powers granted in this act shall not be exercised until authorized by a majority in interest of the stockholders of said company at a regular or called meeting called to consider the same.

§ 3. This act shall be in force from its passage.

Approved March 6, 1880.

CHAPTER 380.

AN ACT to incorporate the Sherman, Mount Zion, and Zion Station Turnpike Road Company, in Grant county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

§ 1. A company may be formed and created a body-politic Name and style. and corporate, by the name and style of the Sherman, Mount Zion, and Zion Station Turnpike Road Company, for the pur. pose of constructing a turnpike road from Sherman, on the Cincinnati Southern Railway, in Grant county, via Mount Zion, to Zion Station, on the Louisville, Cincinnati and Lexington Railroad, in Grant county.

Capital stock.

ers appointed.

§ 2. The capital stock of said company shall be seven thousand dollars ($7,000), which may be increased to a sum sufficient to build said turnpike road.

§3. A book for the subscription of stock in said company The commission may be opened at any time after the passage of this act by James F. Green, J. J. Leary, F. B. Agee, J. C. Tomlin, Isaac R. Franks, T. J. Conrad, and J. T. Price, who are appointed commissioners for that purpose, and who, or any of them,

may solicit subscriptions for that purpose. In which book the persons proposing to become stockholders in said company shall enter into an obligation in words as follows, towit: We, whose names are hereunto subscribed, do promise to pay to the Sherman, Mount Zion, and Zion Station Turnpike Road Company the sum of twenty-five dollars ($25) for each share of stock in said company set opposite our names, respectively, in such manner and proportions, and at such times, as shall be required by said company.

ize.

§ 4. That it shall be the duty of the commissioners, or such When to organof them as may act, as soon as four thousand dollars ($4,000) is subscribed in stock to said company, to call a meeting of the stockholders at some convenient place for the purpose of electing a president and five directors, to serve for one year, or until their successors have been elected and qualified. Each stockholder at said election will be entitled, in person or by written proxy, to one vote for each share of stock owned by them; but no person shall be elected an officer in said company who is not a stockholder.

5. The said president and directors shall, before they en- To take an oath. ter upon the duties of their offices, take an oath, before some judge, justice of the peace, or clerk of a court, that they will faithfully, and to the best of their skill and ability, discharge. their duties as president and directors of said company, a certificate of which shall be filed with the records and papers of said company. Upon the qualification of the president Elect treasurer and directors, they shall elect a treasurer and secretary, and take from them such bond or bonds as they may deem necessary and proper to secure a faithful discharge of their duties; and they shall hold their offices during the pleasure of the president and directors; they may also adopt such by-laws as Adopt by-laws. may be necessary for the management of the business of the

company.

and secretary.

porate.

6. Upon the election and qualification of the president To be a body-cor and directors as aforesaid, they shall be a body-politic and corporate, in deed and in law, by the name, style, and title of the Sherman, Mount Zion, and Zion Station Turnpike Road Company; and by said name the said company shall have perpetual succession, and all the privileges and franchises incident to a corporation.

§ 7. The said president and directors, upon their entering When stock to upon the duties of their offices, may call upon the stockhold

be paid.