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 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. Levy of tax. 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 haying 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 All acts, or parts of acts, in conflict herewith are hereby repealed.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 same "filed," and record it in a book kept by him for that purpose, properly labeled and indexed, for which recording he shall receive a fee of $1.00. tions. Second. The party or parties desiring to take the de-Taking deposi position of any witness shall give ten days' notice in writing to any and all parties known to him to be interested in said land, or is setting up or attempting to set up, claim to said land, mineral, oils, gases, timber or any other interest to the said real estate, stating the time and place the said depositions will be commenced to be taken, and that the same will be continued from day to day, at the same place and between the hours of 8 a. m. and 6. p. m., until the same is completed, and that said depositions is to be taken in behalf of the title to a certain tract of land known as tract, lying on the (here give the local description), in county, in the State of Kentucky, and that the said depositions are being taken for the purposes of perpetuation of the testimony expected to be given, and he shall give further notice as above recited, by having the same published in some newspaper of general circulation published in the county where the real estate lies, at least four weeks, if it be a weekly newspaper, or fifteen days if said paper be a daily paper, if there be a weekly or daily newspaper so published in said county, and by having a like notice posted at the front door of the court house in the county where said real estate is situate, at least fifteen days before the taking of said depositions. If there be no paper published in the county in which such proceeding is filed, printed or written notices shall in addition to the actual notices served on the known parties as herein provided, be posted on the front door of the court house, one at public place on the real estate involved, two at public places in the neighborhood there |