Receiver and treasurer. Redemption of bonds. pointed by the court to receive same. Said commis sioner shall keep an accurate list of the number, dat and amount of bonds sold by him, and to whom sold time due, and amount and number unsold, if any, and shall make to the court a full and complete report o his acts in the premises. § 5. The said court may appoint some suitable person receiver and treasurer, to receive from said commissioner the money arising from the sale of the aforesaid bonds, and to pay out same as the court may direct. That said receiver and treasurer, before he proceeds to act as such, shall execute bond in said court, with sufficient surety or sureties, to be approved by the court, for a faithful discharge of his duties, and that he will pay to the proper person, as directed by the court, any money in his hands; and he shall be duly sworn to faithfully perform his trust as receiver and treasurer, and shall keep an accurate statement of all money received and paid out by him, and shall make a full settlement of his accounts and vouchers whenever required to do so by the said court; and the court shall make a suitable allowance to such receiver and treasurer for his services. § 6. That for the purpose of raising the money to pay the interest on the aforesaid bonds, and to finally redeem and pay off same, the said court may annually levy an ad valorem tax on all the taxable property of the county, sufficient for the purpose of paying said interest on said bonds and of creating a sinking fund for the ultimate redemption of such bonds when due; and said sinking fund shall be held and kept sacredly for that purpose and no other, but such tax shall not exceed fifty cents on each $100 worth of said property. Tax collected by § 7. The tax provided for in the next preceding sheriff. section shall be collected by the sheriff or collector of revenue at the same time the State revenue is collected, and he shall be liable therefor on his county revenue bond; and for collecting same he shall be allowed the same commission allowed by law for collecting the other county revenue. § 8. The tax herein provided for may be levied Levy of tax. at any time during the year, and the county judge shall at any time call the court of claims or fiscal court together for that purpose when necessary. do duty-penalty. § 9. If any officer wilfully fail to perform his duty Officer failing to as herein directed, he shall be deemed guilty of misfeasance in office, and shall be fined not exceeding one hundred dollars on conviction under indictment by a grand jury of the county. Approved March 22, 1904. CHAPTER 78. AN ACT to amend an act, entitled "An Act to amend and re-enact section 1, chapter 31 of an act, entitled An Act providing for the creation of and regulation of private corporations," approved March 21, 189€, and being section 603 of the Kentucky Statutes, approved March 15, 1898. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. Any number of persons not less than seven may associate to establish a corporation for the purpose of conducting a trust business under the provisions of this article, but the capital stock of any such company shall not be less than fifteen thousand dollars in counties having a population of over twenty-five Capital required. thousand and less than forty thousand, and not less than one hundred thousand dollars in counties having a population of over forty thousand and less than one hundred thousand and not less than two hundred thousand dollars in counties having a population of over one hundred thousand, Provided, That where in any county having a population of twenty-five thousand or more, there is a city of the fourth, fifth, or sixth class, a trust company may be organized in either of such cities, in said county, with a capital stock of not less than twenty-five thousand dollars, and a statement of any increase or reduction in the capital stock shall be signed and acknowledged by the president and a majority of the directors, and filed and recorded in the same manner as articles of incorporation. $ 2. All acts, or parts of acts, in conflict herewith are hereby repealed. § 3. On account of the necessity and the great demand for the organization of trust companies at the present time, and the benefit to be derived by the public in general from same, an emergency is hereby declared, and this act shall take effect and be in force, from and after its passage and approval by the Gov ernor. Approved March 22, 1904. CHAPTER 79. AN ACT to perpetuate testimony, relative to the title to lands or real estate of any kind or the possession of same. WHEREAS, There is in the State of Kentucky, and especially in the eastern part thereof, a vast quantity of land, the title to which is held by possession or occupancy; and WHEREAS, In many cases the parties knowing the history and facts connected with the possession or occupancy of said land and the title thereto, are old and liable to pass away, leaving behind no record of the facts within their knowledge; therefore, to perpetuate the evidence or testimony of any and all witnesses relative to real estate, or the title thereto about which there is now or may hereafter be a controversy or dispute. Be it enacted by the General Assembly of the Commonwealth of Kentucky: timony. § 1. That any and all parties who are the owners To perpetuate tesof, or may hereafter become the owners of, any land, mineral, oils, gases, timber or any interest of real estate, or the appurtenances thereunto belonging or in anywise appertaining, about which there may arise or has arisen any controversy or dispute, may perpetuate the testimony of any and all living witnesses relative to their said title in the following manner, to-wit: First. That the party desiring to perpetuate any testimony as aforesaid shall file in the circuit court clerk's office in the county where the real estate is situate, a statement directed in the caption thereof, if known to him, to any party or parties who may be interested, or claim to be interested in said real estate giving the names and addresses, if known, of such claimants or probable claimants, and if non-residents of this State, giving the name and address of such non-resident and State or county in which he resides if known, and if any such claimant or probable claimant be an infant a lawyer guardian ad litem, shall be designated to represent such infant, by the clerk of the court, and an attorney shall by said clerk be appointed to represented such non-resident interested parties, claimants or probable claimants, the same lawyer may be appointed to represent as attorney, and guardian ad litem non-resident parties whether infants or not. If one or more of the said parties are unknown to him, he shall give to the parties known to be interested, with the statement in said caption, "to whom it may concern, and to all parties interested in the real estate herein described." If no one, to his knowledge, is interested in the said real estate, the said statement shall be directed, "to any and all parties interested in following described real estate," setting forth by description the real estate about which testimony is to be taken for the purpose of perpetuating the same in accordance with this act. Said statement shall also set forth the time and place said depositions shall be taken and the names of one or more witness whose testimony or evidence is to be taken at the time stipulated in said statement. The said statement shall set forth that he has a title to said real estate about which testimony or evidence he desires to take, and the same subscribed and verified by the party filing the same or by his attorney, representative or agent. The said statement shall be filed before the notice shall be given as hereinafter provided. It shall be the duty of the circuit court clerk, upon the filing of the statement aforesaid, to mark the |