before any dividends shall be declared on the common stock; and on the dissolution of the company, voluntarily or otherwise, the holders of preferred stock shall be entitled to have their shares redeemed at par before any distribution of any part of the assets of the company shall be made to the holders of the common stock." § 2. That section 190, of article 5, of the same act, being section 771, Kentucky Statutes, be amended, so that the said section, as amended, shall read as follows: "§ 190. Corporations organized under this law shall have power to borrow such sums of money as may be necessary for funding their floating debt or for completing, equipping or operating their road or any part thereof, or for paying any debts incurred for such purposes, and to issue and dispose of their bonds or obligations for any amount necessarily borrowed for such purpose, and to mortgage their corporate property and franchises, or any part thereof, to secure the payment of any debt contracted or to defray any expenditures for the purposes aforesaid; and may confer on any holder of such bonds or obligations the right to convert the same into the stock of such company; and may provide that the preferred stock shall be convertible into the bonds of the company. The stock of the company may be sold at such time and place, either within or without the State, as may be deemed advisable, and the proceeds thereof applied for the purposes for which it was issued. Any such corporation, all of whose outstanding stock is common stock, may, by a resolution adopted by the vote of the holders of not less than two-thirds in amount of its outstanding capital stock, cast in person or by proxy, at a special meeting of stockholders called for the purpose, Power to borrow money. Sale of stock, etc. and of which notice shall have been given, as provided in the by-laws of the company, at least twenty days before the date of the meeting, or at the annual meeting of the stockholders of the company, or by the written consent of the holders of not less than two-thirds in amount of its capital stock, distribute or convert its outstanding capital stock into preferred and common stock in such proportions as shall be fixed by such resolution or written consent: Provided, That all holders of stock of the company, at the time of such distribution, shall be entitled to the same pro rata proportions of such preferred and common stock. And by a resolution adopted by the like vote or by such written consent, the capital stock of any corporation may be increased, and the increased stock may be common or preferred stock, or partly one and partly the other, as may be fixed by such resolution or written consent. Any such preferred stock herein before referred to shall be entitled to receive quarterly, semi-annual or annual dividends thereon at such rate as may be prescribed by the resolution or written consent, under which the same was issued, and such dividends shall be payable as provided in the said resolution or written consent, before any dividends shall be declared on the common stock; and on the dissolution of the company, voluntarily or other wise, the holders of preferred stock shall be entitled to have their shares redeemed at par before any distribution of any part of the assets of the company shall be made to the holders of the common stock." Approved March 25, 1904. CHAPTER 106. AN ACT to amend section 19, chapter 4, of an act, entitled "An Act to create a board of penitentiary commissioners and regulate the penal institutions of this Commonwealth," Session Acts, 1898. Be it enacted by the General Assembly of the Commonwealth of Kentucky: and guards of pen § 1. That the word "sixty," in section 19 of chapter Salaries of officers 4 of an act entitled, "An act to create a Board of Peni- itentiaries. tentiary Commissioners and regulate the penal institu tions of this Commonwealth," be stricken out, and in lieu thereof the word "seventy-five" inserted, so that said section, when amended, will read as follows: § 19. The salaries of the wardent, deputy wardens, physicians, chaplains, and the wages of the guards, shall be paid monthly out of the State Treasury, and the Auditor of Public Accounts shall draw his warrant upon the Treasury therefor, in favor of each of said officials, upon the written order of the chairman of the commissioners, and they shall respectively receive the following salaries, to-wit: The warden, two thousand dollars per annum; the deputy warden, one thousand two hundred dollars per annum; the physician, one thonsand two hundred dollars per annum; the clerk, one thousand two hundred dollars per annum; the chaplain, one thousand two hundred dollars per annum; the guards or assistance for each penitentiary, seventy-five dollars each per month. No official connected with the penitentiaries shall be directly or indirectly connected or concerned with any contract for furnishing the warden or any contractor, any materials for manufacture or use in the penitentiary, or any supplies or produce to be used in the penitentiary, or by the convicts, in any way whatever; and they shall not be interested in a financial way with any business carried on by convict labor. For a violation of the provisions of this section, the officials so violating shall be, for each offense, fined one thousand dollars. Approved March 24, 1904. Unlawful to sell. Transportation of Separate offenses. CHAPTER 107. AN ACT prohibiting the sale or transportation of wild turkeys, pheasants, grouse, partridge and quail, within the State of Kentucky. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful in the State of Kentucky, at any time, to buy, sell, expose for sale, offer for sale, or have in possession for the purpose of bartering or sellings any wild turkeys, pheasants, grouse, partridge or quail, which have been killed within this State. § 2. That it shall be unlawful for any person, corporation or common carrier to receive for transportation, or to transport, or cause to be transported, or to have in possession with the intent to transport, or to secure the transportation of, within or without this State, any of the birds or fowls mentioned in section one of this act, which have been killed within this State. Provided, however, That it shall not be unlawful for such person, corporation or common carrier to transport a hunter with his game lawfully killed by him within this State. § 3. Each bird or fowl so bought, sold, offered for sale, had in possession for sale or transportation, received for transportation, or transported, contrary to the provisions of this act, shall constitute a separate offense. $ 4. Whoever violates any provisions of this act Fine. shall be fined not less than ten dollars, nor more than twenty-five dollars for a first offense, and not less than twenty-five dollars nor more than fifty dollars for any subsequent offense. Approved March 24, 1904. CHAPTER 108. AN ACT to define the duties of the county surveyors, and to preserve the surveys made by them. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Certificate of § 1. That the surveyor of each county, before he enters upon the duties of his office, shall file with the qualification. county clerk a certificate from some college, or from the circuit judge of the district of which the county is a part, that he is competent to perform the duties of the county surveyor's office. Duties of sur § 2. That any business in the surveying and civil engineering profession, the courts can order him to do, veyor. and fine him if he fails to comply with the court's order, must be considered as belonging to the office of county surveyor, unless, by order of court, another surveyor is named and appointed, such as the processioning of land the locating of lost corners, and dividing lines, the survey and division of an estate, land being sold by order of court, the surveying, locating, and superintending the construction of roads, canals, levies and ditches that are builded by taxation; and that in all orders of said court he shall have the selection of chain |