ties having a population of one hundred and fifty thous and or more, the reporter of the criminal bench of the circuit court shall receive a salary to be fixed by the presiding judge of said branch of said court, not exceeding, however, the sum of twenty-five hundred dollars per annum, and shall receive no other compensation from the county for such services," and further, by inserting after the words in said section, "that no part of the fees" the words "or salary," so that said section as amended will read as follows:

"The fees of said reporters appointed under the provisions of this act, when serving in criminal cases in any of said courts, shall be fixed by the presiding judge thereof, not, however, to exceed five dollars per day for taking stenographic notes, and fifteen cents per one hundred words for the transcript thereof, which fees shall be paid upon the order of the presiding judge of said court, by the county in which said circuit court is situated, if the same is ordered by the court for the use of the Commonwealth's Attorney. If the transcript of the notes of said reporter in any criminal case is ordered by the presiding judge upon the motion of the defendant, or his counsel, the defendant shall be required to pay for the same, if, in the opinion of the court, he is able to do so. If it shall appear that the defendant is not able to pay for such transcript, the court may direct the same to be paid for as heretofore provided, and the same may be recovered at any future time from the defendant: Provided, That the amount paid by the county in such cases shall not exceed twelve hundred dollars per annum: Provided, however, That in counties having a population of one hundred and fifty thousand or more, the reporter of the criminal branch of the circuit court shall receive a salary to be fixed by the presiding judge of said branch of said

court, not exceeding, however, the sum of twenty-five hundred dollars per annum, and shall receive no other compensation from the county for such services: And Provided, further, That no part of the fees or salary of said reporter shall be paid by the Commonwealth. The fees of said reporter, when serving in civil cases in any of said courts or divisions, shall be fixed by the presiding judge thereof, not, however, to exceed five dollars per day for taking stenographic reports, and fifteen cents per one hundred words for the transcript thereof, which shall be paid forthwith by the party or parties in whose behalf such report or transcript is ordered, and shall be taxed as a part of the costs of the suit or proceeding: Provided, however, That said reporter shall not be required to file any of said transcripts without payment therefor by the party or parties in whose behalf the same is ordered: Provided, however, further, That the presiding judge of said court or division may direct said reporter to file a transcript upon the motion of any party suing in forma pauperis.

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

CHAPTER 126.

AN ACT to amend and re-enact section 1, of article 2, chapter 232, of the Acts of 1891, 1892, 1893, entitled "An Act relating to roads and passways, and approved June 23, 1893, and being section 4348 of the Kentucky Statutes.

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

4348 of Ky. Statutes.

§ 1. That section one of article two, chapter 232, Amends section of the Acts of 1891, 1892, 1893, entitled, "An act re

Private passways, tram roads, haulroads over land of another. When and how same may be had.

lating to roads and passways," and approved June 23,
1893, and being section 4348 of the Kentucky Statutes,
be, and the same is, hereby amended and re-enacted,
so that said section shall read:

"1. Whenever it shall appear to a county court,
that it is necessary for a person to have a private pass-
way over the land of one or more persons to enable him
to attend courts, elections, a meeting house, a mill,
warehouse, ferry, a railroad depot, most convenient to
his residence, or whenever it shall appear to a county
court, that it is necessary for a person to have a private
tram-road or haul-road over the land of one or more
persons to enable him to reach a warehouse, steamboat
landing, ferry, railroad switch or navigable stream, for
the purpose of operating and marketing the products
from a lead mine, iron works, salt works, coal mine,
fire clav and other minerals, oil well, stone quarry,
saud bank or merchantable forest timber, the court
shall appoint commissioners, as in case of a road, who,
being first sworn to discharge their duties faithfully and
impartially, shall go upon the land of the person
through which the passway, private tram-road or haul-
road is proposed, whether arable or not, and shall report
in writing to the court, whether or not a private pass-
way, train-road or haul-road is necessary for any of the
purposes aforesaid; and, if favorable to the passway,
private tram-road or haul-road, they shall, in their re-
port, designate the exact route for the same by metes
and bounds, course and distances, and the width there-
of, which, in no case, shall exceed twenty feet, and they
shall determine and assess what will be a just compen-
sation to each owner and tenant, if any, for the land
proposed to be taken for a passway, private tram-road
or haul-read, in the same manner as upon application
to open and establish a new road.

§ 2. Upon the filing of the report of the commissioners, the clerk of the county court shall issue process against the owners to show cause why the said report should not be confirmed, and shall make such orders as to non-residents and persons under disability as are required by the Civil Code of Practice in actions against them in the circuit court.

§ 3. At the first regular term of the county court, after the owners shall have been summoned the length of time prescribed by the Civil Code of Practice before an answer is required, it shall be the duty of the court to examine said report, and if it shall appear to be in conformity to this law, and to the extent that no exceptions have been filed thereto by either party, it shall confirm said report as against the owners not excepting.

§ 4. When exceptions shall be filed by either party, the court shall forthwith cause a jury to be empaneled to try the issues of fact made by the exceptions, and each juror shall be allowed one dollar per day for his services, to be taxed as cost. In assessing the damages, the jury shall be governed by the rule prescribed in section 836 of the Kentucky Statutes, and, upon the request of either party, may be sent by the court, in charge of the sheriff, to view the land. If sufficient cause be not shown for setting aside the verdict, the court shall render judgment in conformity thereto. Either party may appeal to the circuit court, by executing bond as required in other cases, within thirty days, and the appeal shall be tried de novo, upon the confirmation of the report of the commissioners by the county court, or the assessment of damages by said court, as herein provided.

$5. The appeal from the county court shall be taken by filing with the clerk of the court to which the appeal lies a statement of the parties to the appeal,

!

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 dan ages 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

and time used.

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 Commonwealth 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 distance to be traveled and the day and time of day such