the receipt of the report, shall proceed immediately to determine, in the same manner as in other cases of establishing roads, except where by this act is otherwise provided, whether such proposed change shall be established: Provided, that no such new way shall be established, if it shall pass on a different side of, or at a greater distance than the present road does, from any house now occupied as a tavern on the present road, unless with the concurrence of two thirds of the justi ces present in court, or with the consent of the propri etor of such house; nor shall any such road be estab lished, if it increase the distance from point to point, nor so as to avoid any of the places mentioned in the second section of this act, through which it now passes; and in reporting such new way to the court, the commissioners shall specify the advantages to the public, and the advantages and disadvantages to individuale, which will result from its establishment. 1829. road to be dis Sec. 4. Be it further enacted, That upon the estab. Certain por lishment of any or all of the proposed changes in the tions of the location of the road, so much of the present road as continued. shall not be included in such new location, shall not be increased in width under this act, but may be discontinued by the county court as other roads are discontinued; and it shall be the duty of said several county courts, to cause to be recorded by their clerk, a plat and description of so much of said road as is within their respective counties, as the same shall be enlarged and established under the provisions of this act; and it shall thenceforth be the duty of the several surveyors of said road, to have the same immediately opened to its full width as established, and to keep it open, smooth and in good repair according to the regulations which are or may be provided for other public roads. for. Sec. 5. Be it further enacted, That the commission- Damages by. ers while laying off the road as above provided for, widening the shall ascertain what quantity of land belonging to each road to be paid individual, will be occupied by the road by reason of its increased width, and of any and each proposed change in its location, and shall estimate the damages which should be paid to each proprietor on account of the land to be so occupied, and on account of the remo val of fencing or other buildings which may be neces sary for opening the road; and they shall give notice to the owner or his agent, if resident upon the land, of the amount of damages so estimated, and may receive from him his assent in writing, to accept the 1829. amount so estimated in full of all damages; all which matters they shall report to their respectice county courts. And when the commissioners and owners'shall have agreed as aforesaid, as to the amount of damages, the county court shall have such amount and the names of the persons to whom payable, entered of record, and shall provide for the payment of the same at their next levy court; when there shall be no such agreement, the said court shall cause a summons to issue against the owner or owners, requiring him or them to appear at the next session of the court, to say whether he or they will receive the amount estimated by the commissioners, in full of all damages; and on his or their failure to appear after due execution of the summons, the estimate of the commissioners shall be taken as the true amount of damages, and the payment thereof provided for as above directed; but should any party or parties so summoned, appear and contest the estimate of the commissioners, the court shall immediately hear such evidence as may be adduced, and thereupon determine the amount of damages, or at the option and proper cost of any party so contesting the estimate, a jury shall be immediately summoned to ascertain the damages; and the damages, as ascertained in either mode, shall be paid out of the county levy, as aforesaid. Sec. 6. Be it further enacted, That the commissionCommissioners ers to be appointed as aforesaid, shall, before entering to be qualified. upon the duties prescribed by this act, take an oath for the due performance of them, before some justice of the peace for their county, whose certificate of the oath shall be annexed to their report. They may make their reports from time to time, as they proceed with their work, which shall be acted upon by their county courts as soon as received; and they shall be entitled to a compensation to be fixed by their respective county courts, not to exceed two dollars for every day they may have been actually employed in the duties herein. prescribed; and the surveyor employed by them, shall be reimbursed for all necessary expenses in procuring chain carriers, and shall also receive a compensation not exceeding three dollars for each day that he is actually engaged under their direction; Itis claim to be settled and paid as aforesaid. [Approved, January 24, 1829. CHAP. 114.-An ACT to amend the laws concerning the Town 1829. of Lexington. SEC. 1. BE it enacted by the General Assembly of the Who shall vote Commonwealth of Kentucky, That in addition to the for trustees. qualifications required by the constitution in voters. for members of the Legislature, the voters for trustees. and other officers for the town of Lexington, shall be actual residents of said town at the time of voting; and none other shall be entitled to vote at any such election. Sec. 2. Be it further enacted, That it shall be the Judges of the duty of the trustees of said town, previous to each election. election, to select out of the justices of the county court, two justices, as judges, who shall preside over such election, in all respects and with like powers that are exercised by judges of elections for members of the Legislature, for which they shall be entitled to be paid by the town the same compensation: Provided, however, if those that may be chosen shall fail or refuse to act, the said trustees may select any other justice or justices of the county that may consent to act. [Approved, January 28, 1820.] CHAP. 115-An ACT to amend an act incorporating the Shelbyville and Louisville Turnpike Road Company. SEC. 1. BE it enacted by the General Assembly of the A loan authors Commonwealth of Kentucky, That the president and man- ized. agers of the Shelbyville and Louisville turnprike road company be, and they are hereby authorised and empowered, to borrow any sum of money not exceeding twenty thousand dollars, on the credit of the company, for the purpose of completing and repairing said road; and said president and managers may give the obligation or obligations of the company, under the seal thereof, for all such sums or to renew the same. Sec. 2. Be it further enacted, That the seventh sec- Enlarging pro tion of an act approved December 14th, 1825, entitled, vision. "an act to amend the acts relative to the Shelbyville and Louisville turnpike road company," shall apply to the whole road. Sec. 3. Be it further enacted, That the president and Company may managers of said company, shall not be compelled to compel wagons &c. to keep or keep the side roads in repair for the passage of wa- turnpike. gons and wheel carriages, and shall have the power to compel all carriages and wagons running said road, to 1829. keep on the turnpike; but they shall keep the side roads in good repair for single horses and stock; and they may place the stone work on one side of the road, if they shall deem it to the advantage of the road. [Approved, January 28, 1829.] Sally Willis authorized to sell a certain slave. Proceeds of CHAP. 116.-A ACT for the benefit of Sally Willis, administra trix of the estate of Joseph Willis, deceased. WHEREAS it is represented to the present General Assembly, that Joseph Willis, late of Barren county, died intestate, leaving amongst other property, a certain negro man slave, named Aaron, who is so very refractory and turbulent in his disposition, as to render it unsafe for Sally Willis, the widow of said intestate, to keep said slave in her family: Wherefore, SEC. 1. Be it enacted by the Generul Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Sally Willis, administratrix of Joseph Willis, deceased, to make sale of said negro, for the best price that can be had, having first entered into bond in the Barren county court, with sufficient security, in the penalty of eight hundred dollars, conditioned for the faithful performance of her duty, according to the pro visions of this act. Sec. 2. Be it further enacted, That when sale shall be made of said slave, it shall be the duty of said Sally sale to be in Willis to reinvest the proceeds thereof in one or more negroes, to be subject to the same disposition as other slaves left by said decedent. vested in other slaves. [Approved, January 28, 1829.] CHAP. 117.-An ACT to incorporate the Louisville Marine and SEC. 1. BE it enacted by the General Assembly of the Company in Commonwealth of Kentucky, That Edmund T. Bain corporated. bridge, William H. Pope, Philip R. Gray, Lloyd D. Addison, Benjamin Lawrence and Horace B. Hill, together with those who shall hereafter become stockholders as 'hereinafter directed, shall be, and they are hereby created and made a corporation and body politic, by the name and style of the President and Direetors of the Louisville Marine and Fire Insurance Company, and shall so continue until the first day of January, 1850, and by that name are hereby made able and cap able in law, to have, to purchase, receive, possess, enjoy and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects, to an amount not exceeding in the whole, two hundred thousand dollars, and the same to sell, grant, demise, alien and dispose of; also, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts of law or equity in this Commonwealth or elsewhere; also, to make, have and use a common seal, and the same to break, alter or renew at pleasure; also, to ordain, establish and put in execution, such by-laws, ordinances and regulations, as shall be necessary and convenient for the gov ernment of said corporation, which are not contrary to law; and generally to do and execute all and singular the acts, matters, and things, that a corporation may rightfully do, in the premises. 1829. Sec. 2. Be it further enacted, That the persons nam- Books for sub ed in the first section, shall open books of subscription scribing stock for the stock in said company, which stock shall consist to be opened. of two thousand shares of one hundred dollars each, payable in gold or silver coin, and at the time of subscribing, they shall have a right to demand and receive ten dollars on each share, and to secure the residue by taking obligations, with adequate security for the same, payable in six months, which obligations may be renewed, from time to time, either for the whole or such part thereof as the company shall determine. Sec. 3. Be it further enacted, That the shareholders First meeting shall meet at the place of opening books for the sub- of shareholders scription of stock in said company, on the first Monday of May 1829, and at the office of the company on the first Monday in March in each succeeding year, and en elect a president and eight directors, who shall contin- Directors to be ne in office until the first Monday in March of the elected. suing year, and until their successors shall be elected, of which elections previous notice shall be given in the newspapers printed in Louisville, at least two weeks; and in case of the death, resignation, or removal from the city, of the president or any directors, the remaining directors shall elect some person to fill the vacan cy, for the residue of the year; and no person shall be a director, who does not own ten shares of the stock and is not a resident of the city of Louisville. Sec. 4. Be it further enacted, That in all elections by How to vote. the shareholders, each share to the number of ten, shall be entitled to one vote, and every five shares thereafter, owned by the same person, shall entitle him |