and a transcript of the orders of the county court,and thereupon the said clerk shall certify to the clerk of the county court that said appeal has been filed, and the clerk of the county court shall immediately transfer the original papers to the clerk of the court to which the appeal is pending; and if the owner, on his appeal, shall fail in the circuit court to increase the amount of damages awarded in the county court, he shall pay all the costs of the appeal; if the damages are increased in the circuit court, the other party shall pay all the costs of the appeal.

§ 6. Provided, That nothing in this act shall operate to give any person, firm or corporation exclusive use of said passage, but any other person, firm or corporation shall have the right to use the same upon paying proper compensation therefor, If no agreement can be made for such compensation, then the right to such use may be condemned as herein provided.

Became a law March 26, 1904, the Governor not having approved or disapproved same within the time prescribed by the Constitution.

Register to show distance to be

CHAPTER 127.

AN ACT requiring the owners and keepers of livery barns or stables to keep a register, and for the protection of the same, their horses, buggies or other animals and vehicles for hire.

Be it enacted by the Genearl Assembly of the Com monwealth of Kentucky:

- 1.

That every person engaged in the business of traveled, time taken hiring vehicles, horses, or other animals, shall keep a book in which he shall enter the name of the person hiring same, together with the time to be used and dis

and time used.

tance to be traveled and the day and time of day such

animal or vehicle is delivered to the person hiring same, and it shall be the duty of the person hiring, to give such facts when required. The said book when so kept may be used in evidence in any prosecution for a violation of the provisions of this act if the livery keeper at the time, issue a duplicate memorandum to the person hiring such animal or vehicle.

statement or viola

§ 2. If any person hiring an animal or vehicle shall Penalty for false wilfully or maliciously and with intent to defraud, tion of contract. make any false statement to the person from whom the same is hired in reference to the facts required to be stated in section one of this act or who shall wilfully or maliciously and with intent to defraud exceed the stated time or drive a farther distance than he contracted for, shall be deemed guilty of a misdemeanor and upon conviction be fined not. less than three dollars, nor more than fifty dollars, or imprisoned in the county jail not more than thirty days, or both so fined and imprisoned in the discretion of the court or jury. Provided, No prosecution shall be instituted under the provisions of this act except by the person from whom such animal or vehicle is hired, or by some person in his employ at the time of such hiring.

Offer to pay for excessive use of veh

§ 3. No prosecution shall be instituted under the provisions of this act if the person hiring or using the icle, etc.; effect of. animal or vehicle shall pay or offer to pay a reasonable sum for the damages or excessive use of same above that contracted for. And in any prosecution instituted under this act, if it shall appear that the defendant paid or offered to pay a reasonable sum for the damages or excessive use of such animal or vehicle above that contracted for, or that the person from whom the same is hired failed to demand any additional compensation, then such prosecution shall be dismissed and the person instituting same shall pay the cost thereof.

§ 4. All acts or parts of acts inconsistent with this act are hereby repealed.

Became a law March 26, 1904, the Governor not having approved or disapproved the same within the time prescribed by the Constitution.

CHAPTER 128.

AN ACT for the benefit of R. F. Peak, of Shelbyville.

WHEREAS, On the day of January, 1899, R. F. Peak, of Shelby county, Kentucky, was employed by the Attorney-General to represent the Commonwealth of Kentucky, in the Court of Appeals of Kentucky, in the case of Chesapeake & Ohio Railroad Company v. The Commonwealth, pending in said court, on appeal from the Shelby Circuit Court, wherein the statute known as the "Separate Coach Statute," was being attacked as in conflict with the commerce clause of the Federal Constitution, in so far as same applied to interstate railroads; and,

WHEREAS, said Peak, without assistance, represented the Commonwealth in the court of appeals, by filing a brief, and making an oral argument therein, and, said action terminated in judgment in favor of the Commonwealth, and was taken by the said C. & O. Railway Company, on writ of error to the Supreme Court of the United States, and,

WHEREAS, said Peak was retained and represented the Commonwealth by employment in the trial of said action in said court, and same terminated in an affirmance of the judgment of the Appellate Court of Kentucky, and,

WHEREAS, the present governor claims that the amount of the fee to be charged for such services should

under the statute, have been agreed upon at the time of employment, but was not done, therefore,

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

ized to allow fee for

legal services.

§ 1. That the Governor of this Commonwealth be, Governor authorand he is hereby authorized to allow a reasonable fee to said R. F. Peak, for his services as an attorney for the State in an action of the Chesapeake & Ohio Railway Company against the Commonwealth, in the Court of Appeals of Kentucky, and in the Supreme Court of the United States, and if the Governor and said Peak can not agree upon a reasonable allowance, then the matter shall be referred to, and the amount of the fee fixed by the Chief Justice of the Commonwealth of Kentucky, and the amount so fixed either by agreement between the Governor and said Peak, or by the Chief Justice, the Auditor of Public Accounts is authorized and directed to draw his warrant in favor of said R. F. Peak, for said amount on the Treasurer in payment therefor.

Became a law March 26, 1904, the Governor not having approved or disapproved the same within the time prescribed by the Constitution.

CHAPTER 129.

AN ACT amending and re-enacting certain parts of section 4224 of the Kentucky Statutes, Carroll's 1903 edition, providing for the repeal of that part of said section which imposes a tax on domestic and foreign manufacturers of tobacco.

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

mestic manufacturers

That that part of section 4224, of subdivision four, Foreign and do article ten, chapter one hundred and eight, of the Ken- of cigars, cigarettes, tucky Statutes, Carroll's 1903 edition, and beginning ers' licenses.

and tobacco deal

with the word "that" on the fifth line of said section, as appears on page 1476, of the said Kentucky Statutes, and ending with the word "dollars" on the thirteenth line of said page, 1476, and beginning with the word "that" on line 19, page 1477, and ending with the word "Auditor" on line 29 of said page, 1477 of said statutes, be and the same is hereby amended by striking out that part of said section 4224, as follows, to-wit:

"S 32. That all corporations, associations, co-partnerships, or other persons owning or operating a tobacco factory in this State whereby the natural leaf is converted by process of manufacture into a manufactured product, including cigars and cigarettes, shall pay a license tax therefor: On the manufactured product (except cigarettes) of each factory, $1 on the marketable value of each $1,000 of such manufactured products up to $100,000 of such products, and fifty cents on each $1,000 of the marketable value on all in excess of the first $100,000.

"That each foreign manufacturer, wholesale dealer, or jobber, of manufactured tobacco, cigarettes, doing business in this State, shall pay a license tax therefor of $5 on each $1,000 worth of cigarettes sold in this State, and a tax of $1.50 on each $1,000 worth of manufactured tobacco, other than cigarettes, sold in this State, and all such foreign manufacturers, dealers or jobbers, shall be liable to all penalties imposed by law for failure to pay such taxes, and all such taxes shall be paid at the end of each six months, beginning July 1,1902 and paid directly into the State Treasury in report to the auditor," and inserting in lieu thereof, the following:

§ 32. That all corporations, associations, co-partnerships, or other persons owning or operating a cigarette factory in this State, whereby the natural leaf is converted by process of manufacture into a manufactured