CHAPTER 57.

INJURIES TO PERSON OR PROPERTY.

An Act to protect the owners of Property in this Commonwealth against damages by fire from steam cars.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it is hereby made the duty of all railroad companies or persons, running or operating cars by steam, on any railroad track or tracks in this Commonwealth, to place on or around the tops of the chimneys of such car or locomotive a screen, fender, damper, or other preventive, as will prevent, so far as possible, sparks of fire from escaping from such cars into fields, pastures, or outlands, or igniting any timber, grass, hay, corn-stalks, house, stable, or any combustible matter whatever.

§2. Any person or railroad company failing to comply with the provisions of the first section of this act shall, upon con. viction, be fined in any sum not exceeding two hundred dollars. for each offense, recoverable by indictment, besides being responsible to any person injured by fire escaping from cars run or operated by them; such damages may be recovered in any court having jurisdiction of the same.

§ 3. This act shall take effect and be in force thirty days after its passage.

Approved January 30, 1874.

RAILROADS.

An Act to prevent unlawful charges for transportation of freight by railroad

companies.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, All railroad companies doing business in this State, whether upon lines of railroad owned or leased by them, shall 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 be

tween 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.

§ 2. For a failure to comply with this act, and to post said schedule, 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 exceeding 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.

§ 4. If any railroad company shall charge a greater rate 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.

$5. The offenses denounced in this act shall be prosecuted 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 situated 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 prosecution 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.

GETTING ON OR OFF TRAINS.

An Act to prevent persons, other than passengers and employes of railroads, from getting on and off trains or engines whilst in motion.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be unlawful for any person, other than passengers and employes, to get on or off on the outside, or to swing on or hang on from the outside of any engine or car whilst the same is in motion or switching, or immediately preceding its moving or switching.

§ 2. Any person or persons violating the provisions of this act shall be fined in the sum not exceeding ten dollars for each offense, and the respective justices of the peace of the several counties of this State shall have jurisdiction of the offense specified in the first section of this act, and the respective sheriffs, constables, marshals, and other peace officers shall have authority to arrest and bring to trial any person or persons guilty of the violation of this act.

§ 3. That each conductor be required to post on each coach or box a copy of this law.

4. This act to take effect from its passage.

Approved April 22, 1880.

PROTECTION OF PASSENGERS, ETC.

An Act for the protection of passengers and others on railroad engines and cars in this State.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That any person who shall recklessly, wantonly, or maliciously throw any stone, stick, club or other

missile at or into, or shoot at or into any engine of any railroad train in this State, or any car attached thereto, on or in which engine or car there may be any passenger or other person, shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court having jurisdiction of such offense, shall be fined not less than one hundred dollars nor more than two hundred and fifty dollars, or imprisoned in the county jail for a period not less than six months nor more than twelve months. And if any such stone, stick, club, or other missile so thrown was calculated to produce death or great bodily harm, and any person or passenger, on or in such engine or car attached thereto, shall be injured or wounded, such person so throwing the same shall be deemed guilty of a felony, and, upon conviction therefor in any court having jurisdiction of the offense, shall be fined in a sum not less than two hundred nor more than five hundred dollars, and imprisoned in the penitentiary for a period not less than one nor more than two years. And should death ensue from such throwing or shooting within one year thereafter, the person guilty of the same, as herein provided, shall be deemed guilty of murder, and, upon conviction, shall be punished accordingly.

§ 2. That the several circuit and criminal courts of this State shall have jurisdiction of the offenses declared in the first section of this act.

§ 3. This act to take effect from its passage.

Approved May 4, 1880.

CONCERNING JUDICIAL SALES.

An Act concerning judicial sales of the property and franchises of railroad and turnpike corporations.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That sales of the property and franchises of railroad and turnpike corporations, when adjudged by a court, shall be after such notice and advertisement, and at such place as, in the discretion of the court, shall seem

proper; and if such sales are made on the foreclosure of one or more mortgages or deeds of trust, the court may order such sale to be made for the whole amount of the outstanding bonds and interest secured by such deed or deeds of trust or mortgage; or if said property and franchises will produce so much, then for the amount of interest due under said deed or deeds of trust or mortgage, or either of them, subject to the payment by the purchaser of the outstanding bonds and interest secured thereby as they become due; and in the latter event may, by proper orders, secure the assumption thereof by the purchaser. But where a sale shall be ordered to be made subject as aforesaid, the court shall direct the officer making such sale, in the event that such property and franchises so offered do not sell for enough to pay the amount aforesaid, then to sell such property and franchises free from incumbrances. Sales made under the provisions of this act shall be on such credits as the court may deem proper: Provided, That where the sale is made subject as aforesaid, the average credit shall not be less than two years, or more than four years; and where the sale is not made subject as aforesaid, the average credit shall not be less than three years, or more than six years.

§ 2. The officer making the sale shall receive such compensation therefor as the court may award, not exceeding four thousand dollars.

3. This act shall take effect from its passage.

Approved March 7, 1876.

CHAPTER 1632.

An Act to encourage the building of railroads in the Commonwealth of Kentucky, and to exempt from taxation all railroads which may be hereafter built under existing charters, or under charters which may be hereafter granted, for a period of five years from the date of the beginning of the construction of such new roads.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all railroads which may hereafter be built within this Commonwealth under existing charters,