marked from Princeton, by the way of Eddyville, to 1829. Waidsborough, having a due regard to the present route, for the convenience of the citizens thereof.

and how to

Sec. 6. Be it further enacted, That said commission- When commisers shall, as soon as practicable, meet at any time be- sioners to meet fore the first Monday in November next, in the town of prossed Princeton, and from thence proceed to view and mark said road to Waidsborough, by the way of Eddyville, and shall, in all cases, be governed by an act establishing a State road from Elizabethtown to Princeton, and be governed by the same rules and regulations as are prescribed in said act; and the county courts of Caldwell and Calloway, after the report is made to them by the said commissioners, may, if they deem it proper, have said road opened as is prescribed in said recited

act.

[Approved, January 29, 1829

CHAP. 164.-An ACT to amend the law respecting commissioners appointed to take in lists of taxable property.

Sec. 1. BE it enacted by the General Assembly of the Commissioners Commonwealth of Kentucky, That all commissioners ap- to give bend. pointed to take in lists of taxable property throughout this Commonwealth, shall, at the same term of the court they are appointed, enter into bond with security to be approved of by the court, to the Commonwealth, in the penalty of five hundred dollars, conditioned for the faithful performance of their duty.

for lists at the

Sec. 2. Be it further enacted, That it shall be the The commisduty of such commissioners to apply at the residence of stoner to apply every individual in his county or district, liable to tax- residence of ation, for his list of taxable property; and in case of each person. absence of such individual, to leave a written notice, as now required by law; and upon failure of any duty required of such commissioner, he shall be liable to presentment to the grand jury, and fined a sum not less than five dollars nor more than ten dollars for each failure of duty, and to be liable to the suit of any individwal upon his bond.

Sec. 3. Be it further enacted, That hereafter it shall Pay to cop: be the duty of the several county courts in this Com- missionery monwealth, in making allowances to the commissioners of taxable property, to be governed by the number of lists taken and returned by such commissioner, which in no case shall exceed the sum of five cents for each list taken in by such commissioner; which allowance

1829.

Proviso.

Penalty on commissioner for failing to take in liste.

shall be certified to the Auditor of publie accounts, in the same manner that allowances are now inade by law: Provided, that if it shall appear that the commissioner was diligently engaged and could not make one dollar per day at the above rate, the court is authorized to allow him one dollar per day.

Sec. 4. Be it further enacted, That upon satisfactory proof being made to any county court, that any com missioner has failed to take in and return any list of Jists of taxable property, that said court shall deduct from said commissioner's allowance, the sum of ten cents for each and every list so failed to be returned. [Approved, January 29, 1829.]

Preamble

CHAP. 166-An ACT appropriating money for opening the State.
Road from Prestonsburg to the Virginia State line.

WHEREAS it is represented to the present General Assembly, by the commissioners appointed to superintend the opening of a State road from Prestonsburg to the Virginia State line, by way of Pikeville, that over and above the sum of money remaining in their hands, of twenty-one dollars, that to complete said road, the further sum of nine hundred and ninety five dollars will be necessary: Therefore,

SEC. 1. Be it enacted by the General Assembly of the Appropriation. Commonwealth of Kentucky, That the further sum of nine hundred and ninety-five dollars, be, and the same is hereby appropriated for the purpose aforesaid; and that the Auditor be, and he is hereby authorised to issue his warrant on the Treasurer for that sum, and the Treasurer is directed to pay the same out of any money not otherwise appropriated.

Sec. 2. Be it further enacted, That no money shall Duty of the be drawn from the public Treasury until the commis Commissioners. sioners shall have fully settled with the proper court for their former actings and doings, and paid into the Treasury the amount remaining in their hands, and file with the Auditor a certificate of such settlement; and the court shall, on the part of the State, make particu lar examination of all accounts, and require and hear proof where any doubts exist as to the manner of appropriating the money or amount appropriated. Harry Stratton, Rhodes Mead, James Honaker and Thomas Johns are hereby appointed commissioners, instead of the commissioners heretofore appointed, who shall before they enter upon the performance of their da

1829.

ties as commissioners, execute bond, and in all things be governed by the provisions of the laws heretofore enacted and now in force in regard to commissioners of said road, and shall be liable to the same fines and forfeitures, and to the same proceedings for delinquency, as was provided in regard to the former commissioners of said road; and suits shall be brought and prose- Proceedings ve cuted by the attorney for the Commonwealth, against commissioners the commissioners hereby appointed, in the same manfor negleet of ner as is provided for in regard to the former commissioners, and no contract shall be made without the per sonal attendance of at least three of the commissioners, and by letting out the work to be performed to the lowest bidder, at public out-cry, and by having previously advertised the same, and by taking bond and security of the undertakers.

duty.

CHAP 166.-An ACT to incorporate certain Turnpike Road

Companies.

SEC. 1. BE it enacted by the General Assembly of the Tie of comCommonwealth of Kentucky, That a company shall be pany. formed under the name, style and title of "the Maysville and Washington Turnpike Road Company," for the purpose of forming an artificial road from Maysville to the south end of Washington, in the county of Mason.

Sec. 2. Be it further enacted, That the capital stock Amount of of said company, shall be twenty thousand dollars, to capital. be divided into shares of one hundred dollars each.

where.

Sec. 3. Be it further enacted, That books for the Books when o subscription of stock in the said company, shall be pened and opened on the first Monday in April next, at the towns of Maysville and Washington, and to continue open until the amount of stock shall be subscribed, under the directions of Andrew M. January, James Morrison, John Armstrong, Robert Taylor, Marshall Key and Andrew Wood, or some one or more of them, who are appointed commissioners. The said commissioners shall procure a book or books, and the subscribers to the stock of said company shall enter into the following obligation in said book or books, to wit: "We Obligation of whose names are hereunto subscribed, do promise to subsoribers. pay to the president, directors and company of the Maysville and Washington turnpike road company, the sum of one hundred dollars for every share of stock in said company set opposite to our names, in such man

1829.

Directors to fake an oath.

ner and proportion, and at such times as shall be required by the president and directors of said company, and agreeably to an act of the General Assembly of Kentucky, incorporating said company. Witness our hands this day of April, one thousand eight hundred and twenty-nine." The said commissioners, or a majori ty of them, shall give notice in the newspaper printed at Maysville, of the time and place of opening the books for the subscription of stock in said company, and that the same will continue open until the amount of capital shall be subscribed.

Sec. 4. Be it further enacted, That so soon as the When a meet- amount of capital shall be subscribed, the said commising of compaay to be called sioners shall, at such time and place as they may ap point, call a meeting of the stockholders and hold an élection for a president and six directors, who shall bold their office for one year, and until others shall be elected and qualified. The said president and directors shall, before they enter upon the duties of their appointment, take an oath before some justice of the peace, that they will faithfully discharge the duties of president or directors (as the case may be) without favor or affection, according to the best of their judg ment. That upon the qualification of the president and directors, they shall appoint a treasurer and such other officers as they may deem necessary, who shall hold their office for one year, and until others shall be appointed. The treasurer of said company shall, before he enters on the duties of his office, give bond with one or more good securities, in the penalty of five thous and dollars, pay able to the president and directors of said company, conditioned that he will faithfully discharge. the duties of treasurer of said company, and that he will, when called on, pay the amount of money in his hands to the order of the president and directors, and that he will perform the duties required of him by the by-laws of said company.

Treasurer to give bond and security.

Sec. 5. Be it further enacted, That upon the election. Corporate and qualification of the president and directors as name and priv- aforesaid, they shall be a body politic and corporate, in ilege. deed and in law, by the name, style and title of "the Maysville and Washington Turnpike Road Company,' and by the said name, the said company shall have per petual succession, and all the privileges and franchis es incident to a corporation, and shall be capable of taking and holding their said capital stock and the increase and profits thereof, and of purchasing, taking and bolding to them and their successors, and assigns,

and of selling, transferring and conveying in fee simple, all such lands, tenements, hereditaments and estate real or personal, as shall be necessary to them in the prosecution of their work, and to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, in courts of record or any other place whatever; and also to have a common seal; and to do all and every other matter or thing which a body politic or corporation may lawfully do.

1829.

Sec. 6. Be it further enacted, That the said presi- Payments on dent and directors, upon their entering on the duties stock, when to of their office, may call on the stockholders for the be made. payment often dollars on each share subscribed in said stock, and may, if necessary, call for ten dollars on each share every sixty days, until the whole amount subscribed shall be paid. And if it shall be ascertained

that the amount of capital is not sufficient to accomplish the object of this act, the said president and directors may enlarge the same to such amount as they deem necessary, and open subscription therefor in such manner as they may direct.

Sec. 7. Be it further enacted, That the number of votes of sharevotes to which each stockholder shall be entitled, ac holders, how cording to the number of shares he shall hold, shall be arranged. in proportion as follows: For every share under five, one vote; for every two shares over five and not exceeding ten, one vote; for every four shares over ten, one vote; and after the first election, no share or shares shall confer a right of voting, which shall not have been holden three months previous to the election. The stockholders may vote in person or by proxy, and none but a citizen of the county of Mason and a stockholder shall be eligible as a president, director or treasurer; and the president or directors shall cease to be such on his or their ceasing to be a stockholder. The annual election for a president and directors shall be held on the first Monday in April, at such place as the president and directors may direct, at which time the president shall lay before the stockholders an expose of the situation of the said company, and also the record of their proceedings, for the preceding year.

Sec. 8. Be it further enacted, That the president and Certificate of directors first chosen as aforesaid, shall deliver a certi- stock. ficate, signed by the president and countersigned by the treasurer, and sealed with the seal of the corporation, to each share by him subscribed and held; which certificate shall be transferable on the books of the said corporation in person or by attorney; but no share U