Certified to clerk.

Recorded.

of and at six other public places in the county, provided that 60 days' notice shall be given to non-residents of the time of taking of such depositions unless they waive such notice through their attorney or otherwise, and it shall be the duty of the attorney or guardian ad litem for such infants and attorney for non-residents shall; so soon as certified of their appointment to in writing, if possible, notify the infants and non-residents whom he represents of the fact and nature and purpose of such proceeding, and if no one other than himself appear to represent by special employment those whom he was appointed to represent, he shall appear and, if necessary, cross-examine and do all neces sary to protect the interest of his ward or non-resident claimant against any fraud imposition or injury, and said attorney shall file with said clerk a written report showing what effort he made to give such notice to his ward or non-resident party, and state what if any, information he has received from them, and such guardian ad litem and attorney for non-resident parties or claimants and probable claimants shall be allowed a reasonable sum for his services to be paid by the party seeking to perpetuate the evidence.

Third. When the said depositions are completed, subscribed by the witness, the same shall be certified to the circuit court clerk of the county where the said real estate is situate, by the officer before whom the same were taken, in the same manner as depositions are now certified, and said officer shall take said clerk's receipt therefor.

Fourth. The said clerk, upon receipt of the said deposition, shall immediately mark the same "lodged in my office to be recorded" and give the date of such lodgment, and record the said depositions in a book he shall keep for that purpose, properly labeled and in

dexed, and upon application deliver to the party on
whose behalf the depositions were taken, the original
of said deposition for which recording he shall be al- .
lowed the sum of $1 for each separate deposition.

evidence.

Fifth. The original or certified copy of said depo- Certified copysition or of said record shall be evidence in any and all courts of this Commonwealth, having, or which may hereafter have, competent jurisdiction of the subject matter in controversy.

Approved March 22, 1904.

4

CHAPTER 80.

AN ACT to appropriate twelve hundred three hundred and fifty-
seven and 64 dollars for the benefit of the Houses of Reform.

100

WHEREAS, The Board of Trustees of the Kentucky Houses of Reform have found it necessary, in order to care for the inmates placed in their charge, to create an indebtedness of $12,357.64, by reason of the following

-causes:

Expense incurred in rebuilding and furnishing building destroyed by fire in excess of insurance received for same; furnishings consisting of beds, bedding, furniture, clothing, school desks and books, ranges, dishes etc.; no provision for premium on insurance policies; epidemic of measles, mumps, typhoid fever, without hospital; extension of tunnel from power house to Bradley cottage and insufficient per capita and salary appropriations; the funds of the institution are received quarterly, therefore is always three months in arrears.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Appropriation for § 1. That the sum of twelve thousand three hunHouse of Reform.

64 100

dred and fifty-seven and dollars be, and hereby is dollars be, and hereby

is appropriated

out

of any sums in the State Treasury not otherwise appropriated for the purpose of paying the deficit created by the board of trustees of the houses of reform in the manner herein set forth.

Approved March 22, 1904.

Sale of franchise to highest bidder.

CHAPTER 81.

AN ACT to provide for the renewal of franchises for furnishing public utilities in cities of the first class.

WHEREAS, Under section 164 of the present Constitution, no public utility except a trunk line railroad, can acquire a franchise for a longer period than twenty years, and whereas, no provision has yet been made by law for the renewal of franchises after they have expired therefore.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That eighteen months before the expiration of any franchise, acquired under, or prior to the present Constitution, it shall be the duty of the proper legislative body or boards to provide for the sale of a similar franchise to the highest and best bidder, on terms and conditions, which shall be fair and reasonable to the public, to the corporation, and to the patrons of the corporations.

Provided, That if there is no public necessity for the kind of public utility in question, and, if the munici

pality shall desire to discontinue entirely the kind of service in question, then this section shall not apply.

$ 2. If the municipality shall desire to own or oper- public acocunt. Municipality on ate, on public account, the utility in question, and shall take the steps necessary thereto within two years after the passage of this act, or within two years before the expiration of the franchise, and shall offer to purchase at a fair valuation, the plant of the company which is then rendering the service, then the municipality shall be under no obligation, by reason of this act, to sell or renew or to continue the franchise in question.

§ 3. The fair valuation of the plant shall be determined by three persons; one to be selected by the municipality, one to be selected by the owners of the plant to be valued, and the third to be selected by these two. The plant shall be valued as a going concern, but no allowance shall be made for future growth.

4. The terms and conditions mentioned in section one of this act shall specify the quality of service to be rendered and the price which shall be charged for the service.

Each person desiring to bid for such franchise shall first deposit with the proper officer of the municipality cash or duly certified check, equal to five per cent of the fair estimated cost of the plant required to render the service, which check or cash shall be forfeited to the municipality in case the bid should be accepted and the bidder should fai!, for thirty days after the confirmation of the sale to pay the price bid and to give a good and sufficient bond, in a sum equal to one-fourth of the fair estimated cost of the plant to be erected. Said bond shall be so conditioned that it shall be enforcible, in case the party giving it shall fail, within a reasonable time, to establish a suitable plant for rendering the service

How value of plant determined.

Requirements of

bidder.

Exclusive privilege not acquired.

and begin rendering the service in the manner set forth in the said terms and conditions.

§ 5. No exclusive privilege shall be acquired under this act, nor shall the sale of a franchise to one person or corporation prevent subsequent sale of a similar franchise to another person or corporation.

§ 6. This act shall apply only to cities of the first class.

Approved March 22, 1904.

CHAPTER 82.

AN ACT to prevent the adulteration, mixing and misbranding of orchard grass, seed and other seeds, and fixing a punishment therefor.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the selling, offering or exposing for sale, of any orchard grass, Kentucky bluegrass, red clover, mammoth clover or alfalfa seeds which are mixed, adulterated or misbranded, within the meaning of this act, is hereby prohibited, and any person who shall sell, offer or expose for sale any such seeds which are mixed, adulterated or misbranded and known by the persons offering, selling or exposing same for sale, to be so mixed adulterated and misbranded, and done with fraudulent intent within the meaning of this act, shall be guilty of a misdemeanor and for such offense shall be fined not less than twenty-five dollars, nor more than one hundred dollars for the first offense, and for each sub.equent offense not more than two hundred dollars, or be imprisoned six months, or both in the discretion of the court.