Amending section 4637 Ky. Statutes.

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CHAPTER 4.

AN ACT to amend and revise an act and amendment thereto, entitled "An Act to authorize the appointment of official stenographic reporters in counties containing a population of seventyfive thousand or over," which became a law July 13, 1893.

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

§ 1. That section one of an act entitled "An act to authorize the appointment of official stenographic reporters in counties containing a population of seventy-five thousand or over," which became a law, July thirteenth, one

thousand eight hundred and ninety-three, and the amendment to said section, which was approved May twentyone, one thousand eight hundred and ninety-seven, be and the same are hereby repealed, and in lieu thereof the following is enacted as section one of said act:

Official sten

"The judges of the circuit court of each judicial dis

ographer-how ap- trict of this Commonwealth, or the judge of any division

pointed.

of said court may, in his discretion, appoint an official stenographic reporter for such court or division, and if said judicial district embraces more than one county, he may appoint an official stenographic reporter for each county or any counties in his district, who shall be skilled in the profession, and who shall hold office for a period of four years, or until his successor is appointed and qualified, unless sooner removed at the pleasure of the judge of said court or division, or for other cause shown as herein. after provided.

That section three of said act be amended by adding at Carbon copy filed the end thereof the following: "And at the same time shall cause a full and accurate carbon copy of the transcript of testimony to be made which copy shall be filed with the papers and remain in the office of the clerk of the court as a public record."

Fee for carbon

And for said carbon copy in civil and criminal cases the reporter shall be allowed one-fifth the amount he is allowed copy. for the original, to be paid for in the same manner as the original, so that said section shall read as follows:

"Upon any trial or proceeding in any civil case in said court or division, if either party to the suit, or their attorney, shall request the services of said reporter, or if, in the opinion of the presiding judge, the testimony should be preserved, the presiding judge shall direct such reporter to make a full report of the testimony heard therein, whereupon it shall be the duty of the reporter to take full stenographic notes of such testimony, and upon the mo. Duty of stenographer. tion of either party to the suit or proceeding or their attorney, to cause a full and accurate transcript of the same to be made, which shall be filed among the papers to be used in making up the bill of exceptions to the Court of Appeals, and at the same time shall cause a full and accurate carbon copy of the transcript of testimony to be made, which copy shall be filed with the papers, and remain in the office of the clerk of the court as a public record. And for said carbon copy in civil and criminal cases, the reporter shall be allowed one-fifth the amount he is allowed for the original, to be paid for in the same manner as the original.

That section four be amended as follows: By inserting after the words "the presiding judge may, in his discretion, order a full report, of the testimony and a transcript thereof," the words, "and a carbon copy of said transcript, which carbon copy shall remain in the office of the clerk of the court as a public record," so that said section shall read as follows: Upon the trial of any criminal proceedings in such court or division, if the Commonwealth's Attorney or the accused through his attorney, shall request

the services of said reporter, the presiding judge may, in his discretion, order a full report of the testimony and a transcript thereof, and a carbon copy of said transcript which carbon copy shall remain in the office of the clerk of the court as a public record, whereupon it shall be the duty of said reporter to take full shorthand notes of such testimony and to make such transcript thereof as he may be directed to make by the judge of said court, which transcript may be used in making up the bill of exceptions to the Court of Appeals.

Approved February 28, 1902.

Repealing section 98 of act approved July 1, 1893, and February 24, 1894, being section 2860 Ky. Statutes.

Abolishing office of wharfmaster.

CHAPTER 5.

AN ACT to repeal section 98 of an act entitled "An Act for the government of cities of the first class," approved July 1, 1893, and an amendment thereto, approved February 24, 1894, and abolishing the office of wharfmaster of the city of Louisville thereby created.

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

§ 1. That section ninety-eight of an act, entitled "An act for the government of cities of the first class," approved July one, one thousand eight hundred and ninety-three, and amended by an act of the General Assembly, approved February twenty-four, one thousand eight hundred and ninety-four, which section reads as follows:

"The wharves and landings shall be under the care and control of the Sinking Fund Commissioners, who shall fix and receive reasonable charges, to be paid for the use of the same. They shall keep the said wharves and landings in order, and shall employ and fix the compensation of all

persons employed in connection with the care and control of the same. Said wharves and landings shall be under the immediate care and control of a wharfmaster, elected by said Sinking Fund Commissioners, who shall prescribe his duties and fix his compensation, which shall not exceed two thousand five hundred dollars per annum. The present wharfmaster shall hold his office during the term for which he was elected, and at the expiration of his term, and every four years thereafter, a wharfmaster shall be elected. Said Commissioners shall have power to fill any vacancy occurring in said office. The said Commissioners shall have power to lease and receive the rentals from any portion of the wharf property not needed for wharf purposes for the time being; but all leases shall provide for their cancellation whenever the property leased is, in the judgment of the Commissioners, required for wharf purposes," be, and the same is hereby, repealed, and the office of wharfmaster thereby created is hereby abolished.

§ 2. Inasmuch as there is an uncertainty in the management and control of the wharves and the revenues there- Emergency from in the cities of the first class, an emergency exists, and is hereby declared, and this act shall take effect from and after its approval by the Governor.

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Amending act approved July 1, 1893.

and

CHAPTER 6..

AN ACT to amend an act entitled, "An Act for the government of cities of the first class," approved July 1, 1893, relating to wharves and landings of cities of the first class.

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

§ 1. That the wharves and landings of cities of the first class shall be under the care and control of the Board of Public Works of said city, who shall fix and receive reasonable charges to be paid for the use of the same. They shall keep the said wharves and landings in order, shall employ and fix the compensation of all persons em ployed in connection with the care and control of the

landings incities same; and said wharves shall be under the immediate

of first class.

care and control of a superintendent of public wharves and an assistant superintendent of such wharves, to be appointed by the said Board of Public Works, who shall prescribe the duties of said officers and fix their compensation as follows: The compensation of the superintendent of public wharves shall be not exceeding two thousand five hundred dollars per annum, and the salary of the assistant superintendent shall not be exceeding one thousand two hundred dollars per annum. The said Board of Public Works shall appoint said officers as soon as practicable after the taking effect of this law, and the said Board of Public Works, shall have power to fill vacancies occurring in either of said offices.

§ 2. The said Board of Public Works shall have the power to lease and receive the rentals from any portion of the wharf property not needed for wharf purposes for the time being; but all leases shall provide for their cancellation whenever the property leased, is, in the judg. ment of the said board, required for wharf purposes.