fails to keep it up according to law, the court may, after reasonable notice, grant the right to another; and when necessary to the proper exercise of the right by such other, cause to be condemned the fee-simple right, or the use for not more than twenty years, if the owner so elect, of not more than two acres of ground adjoining the landing, together with the use, for ferry purposes, of any adjacent uninclosed bank of the stream. But before the final grant of the right, the damage to the owner of the land shall be first ascertained under a writ of ad quod damnum, and the amount thereof paid into court for the use of the owner. bond-conditions § 8. Before a ferry right is granted, the applicant shall, Applicant to give with sufficient surety, give a covenant to the Commonwealth thereof. that he will keep the ferry according to law, and pay all damages that any one may sustain by reason of his failure. to do so, or by reason of any neglect or misconduct of those managing the ferry, or by reason of the insufficiency of any boat employed thereat. 1. The surety to be taken on the grant of a ferry right Surety at least shall be sufficient for at least two thousand dollars. 9. Every owner of a ferry may be required by the county court to give a new bond in conformity herewith; and if he shall fail to do so for six months after summons, his ferry right shall be revoked. 1. Every ferry covenant shall be renewed once in five years, and oftener if required by the court; and upon failure to do so after summons, the ferry right shall be revoked. 2. Any person aggrieved may sue, at his own costs, and for his own benefit, on such covenant, in the name of the Commonwealth. $2,000. Bond may be renewed. quired to be re Bond must be re newed every five years. Any person ag on bond. grieved may sue Sale of ferry right must be by court. ecute new bond. The heir or devi see must execute new bond. 3. When sale is made of a ferry right, or lease thereof, it must be with leave of the court, and the purchaser or lessee must execute covenant, with sufficient surety, in lieu of the former covenant. A devisee or heir of a fee-simple or freehold estate in a ferry, if of full age, must also, in like manner, execute, within one year after probate or descent, a new covenant, and if under age, it must be executed by his guardian for the infant; if the estate be for a term of years, the personal representative must, within one year after administration, sell the right with the assent of the court, and the purchaser give such new covenant. A non-resident A non-resident owner of a ferry right shall sell the same to a resident citizen to resident. owner must sell GEN. STAT.-31 ry grant. of this State, within a year after his removal or the accrual of his right, with leave of the court, and the purchaser give Revocation offer such new covenant. Upon failure to comply with any requisition of this subsection, the court shall revoke the grant, the party having been first summoned, or, if a non-resident, warned by an order posted at the court-house door, on a court day of a previous term, and by publication in some newspaper printed in the county, if any such there be. But this last provision shall not apply to ferries across the Ohio Ohio and Big and Big Sandy rivers, at or near the mouth of Sandy; but Sandy, near the mouth of Sandy, the owner may lease the same to a citizen of Kentucky, with the consent of the county court of Boyd county, by whom bond shall be executed; and any notice or process executed upon such lessee shall be deemed actual service upon the owner of the ferry. Acts 1868, 19. Ferries across the excepted. Duty of court as to boats, hands, mode of propul sion, and railing. Grantee failing § 10. At the time of making the grant of a ferry right, the court shall prescribe the number and kind of boats to be kept, and the number of hands to be employed, and how propelled-whether by steam, horse power, or otherwise— and may, from time to time, once in every year thereafter, change the same, after notice to the grantee. Where the rapidity of the current does not require the boat to be propelled by poles, it shall prescribe that the ferry-boat shall have a substantial railing on its sides of at least two feet high. SII. If the grantee shall not, within six months after the for six months, grant, put and keep the required boats and hands in use, the court shall, after notice to him, revoke his grant. ferry right revokable. Failure for one year an abandonment of right. others an abandonment. § 12. A failure for one year to keep up any ferry heretofore or hereafter granted, in the manner required, shall be deemed an abandonment of the grant, and, upon notice to the owner, it may be revoked. 13. Any sale or leasing of a ferry right hereafter made When leasing to to, or contract not to use it, made with the owner of a ferry established within a mile thereof, or any tenant or partner of his, or with any owner, tenant, or partner of a ferry established on the other side of the Ohio or Mississippi, shall be deemed and treated as an abandonment of such right, for which the franchise may, in like manner, be revoked. Duty of court to fix rate of tolls. § 14. The court shall, also, at the time of making the grant, fix the rate of tolls to be charged at the ferry, which The proportion shall be in the following proportions: For every heavy four to be observed. wheeled wagon, carriage, or coach and driver, the same as for six horses; for every light or open four-wheeled carriage or light wagon and driver, the same as for four horses; for every two-wheeled carriage or cart and driver, the same as for two horses; for every hogshead of tobacco, not in a wagon or cart, the same as for one horse; and for every head of neat cattle, the same as for a horse; for every sheep, goat, hog, or lamb, one fifth as much as for a horse. 1. The rates may be changed from time to time; but before an order increasing the rates can be made, reasonable notice of the application must be given to the county attorney, or posted on court-house door at least for one month; and before reduced, the county attorney must have written notice served on owner of ferry. 15. If the proprietor or keeper of any ferry, or his servant or agent, shall demand or take from any person a greater sum for ferriage than is allowed by the order of the court fixing the rates of toll at his ferry, he and the owner of such ferry shall forfeit and pay the sum of twenty-five dollars to each person so overcharged; and, after the first forfeiture and conviction, they shall, for every like offense, forfeit and pay the sum of one hundred dollars to the person overcharged. 16. If any keeper of a ferry shall, in person or by agents, fail or refuse to put any person immediately across at their ferry, without a reasonable excuse therefor, such owner or keeper shall forfeit and pay to each person aggrieved the sum of twenty-five dollars for each offense; and for every like offense committed after the first forfeiture and conviction, they shall forfeit and pay to the person aggrieved the sum of one hundred dollars: Provided, That nothing herein shall be construed as depriving the proprietor or keeper, or his agent, of the right to delay a reasonable time between trips. (a) covered. $ 17. The forfeitures denounced in this chapter may be How penalty rerecovered by the person aggrieved by ordinary action in any court having jurisdiction to render judgment for the sum claimed to be forfeited, which judgment may be en (a) Courts in Kentucky cannot regulate the transportation of persons and property across the Ohio or Mississippi, by persons deriving authority so to do under the laws of any of the States bordering on the opposite shore. (Newport vs. Taylor, 16 B. M., 784; Reeves vs. Little, 7 Bush, 469.) may be indicted and fined. forced by writ of fieri facias or capias ad satisfaciendum, at the election of the plaintiff. § 18. Every owner or keeper of a ferry, his agent or Owner or keeper servant, who shall be guilty of any of the offenses mentioned in the preceding sections of this article, shall, for each offense, be liable to be indicted in the circuit court of the county in which the offense was committed; and, upon trial and conviction in such court, such persons shall be fined, for the first offense, fifty dollars, and for every subsequent offense one hundred dollars, twenty per cent. of which shall go to the Commonwealth's attorney, and the residue to the jury fund of the county; but no conviction shall be had under this section in any case where the person aggrieved has sued for and recovered the penalties. prescribed in this article; nor shall the persons aggrieved by such wrongful act recover the penalty therefor after any indictment for such act has been reported in the circuit reward by unau -how punished. court. 19. Any one who shall, for reward, transport any person Transporting for or thing across a water-course from or to a point within one thorized persons mile of an established ferry, unless it be the owner of an established ferry on the other side of the Ohio or Mississippi river, so transporting to such point on this side, and any owner or lessee or servant of the owner of a ferry on the other side of either of those rivers, who shall so transport from this side, without reward, shall forfeit and pay to the owner of the nearest ferry the sum of sixteen dollars for every such offense, recoverable before a justice of the peace; but this section is not intended to apply to any person who may transport passengers, baggage, or freight to and from between the termini of one or more railroads on opposite sides of the same river.(a) distance between 20. No ferry shall be established on the Ohio river withRestriction as to in less than a mile and a half, nor upon any other stream Ohio within less than a mile of the place, in a straight line, at which any existing ferry has been pre-established, unless it be in a town or city, or where an impassable stream in ferries on tervenes. (a) The keeper of a public ferry is a common carrier, and cannot limit his liability as such by a special contract (Hall & Co. vs. Renfro, 3 Metcalfe, 55), unless the contract is fairly made, without duress, imposture, or delusion, fully understood, and clearly proven. (Adams Express Company vs. Noch, 2 Duvall, 562; Adams Express Company vs. Loeb & Bloom, MS. Opinion, Lindsay, Judge.) 1. No new ferry shall be so granted within a city or town unless those established therein cannot properly do all the business, or unless public convenience greatly requires a new ferry at a site not within four hundred yards of that of any other. 2. No ferry-boat shall take in or land any passenger or thing within such prohibited distances of another ferry, under the penalty of fifteen dollars for every offense, to be recovered before a justice, against the owner or keeper, and by the owner of such other ferry. No new ferries to be established within a town or quired by city, unless re wants of the public. lated. § 21. Appeals may be taken to the quarterly court from Appeals judgments of justices of the peace, for any penalty prescribed in this chapter. The county attorney may take an appeal in the name of the Commonwealth from any order of the county court in respect of ferries or the rates of toll thereat, provided the same be prosecuted within sixty days from the date of the order, but not unless some person becomes responsible to the adverse party for the cost incident thereto. The circuit court shall hear the appeal, when taken by either party, as an original case, and shall have power to command the county court to enter up orders in conformity with such judgment as it may render. regu CHAPTER 43. FOREIGN CORPORATIONS. How to secure privileges of contracting-Penalty for violating their engagements-Not to remove suits to the Federal Courts. ARTICLE I. Foreign corpora tions permitted to engage in railroad operations upon terms prescribed in this section. ditions are. 1. Foreign corporations or persons, organized under charters granted by other States, who may hereafter engage in running and operating any of the railroads of this State, either in their own name or that of others, are permitted to do so upon the following conditions, viz: that such foreign What those concorporations, within sixty days from the time of commencing business in this State, shall procure from the board of directors or managers of such corporation a duly authenticated order or resolution authorizing its agents to contract and be contracted with in the name of such corporation, and further agreeing that all citizens resident, and bodies-corporate of this State, having claims or demands against said corpora |