to the company shall be finable, before a justice of the peace, not less than two nor more than ten dollars, in the name and to the use of said company.

§ 14. All wheel-carriages passing on said road other wheel-carriages shall keep on the right hand side, leaving at least one half of the track on the other side free and clear for other carriages to pass and re-pass, except when overtaking or passing a carriage of slow draught, when they may pass on either side of the slow carriage; and any driver offending herein shall be finable in the sum of five dollars, to be recoverable by the company before a justice of the peace, besides being liable to the person injured in all damages which he may sustain.

15. The president and directors may purchase, or otherwise have condemned, in the same way as land for the road, a sufficient quantity of ground to erect a tollhouse and other buildings and fixtures, not exceeding one acre; but such building shall not include any dwelling or other house of the owner without his consent, nor his garden, yard, or orchard; nor shall it prevent him from having free access to the road from his farm or residence.

§ 16. That nothing in this act contained shall be so construed as to impose toll-fees upon the owners of lands through which the road shall pass, their horses, cattle, or other stock passing on said road from one part of their farm to another, or to impose toll-fees upon persons passing to or from any funeral, or upon voters going to or returning from any general election in said counties; nor upon persons on the Sabbath going to or returning from any public worship, or upon persons going to or returning from any grist-mill, whose business at said mill is to have grinding done.

§ 17. The president and directors shall have power to reduce the rates of toll in cases of persons or families having frequent occasions to pass through the gate, and instead thereof may charge a reasonable annual toll or compensation for such person or family; all persons making these annual contracts shall be reported by the treas

urer.

§18. That the municipal authorities of the city of Mt. Sterling, the Mt. Sterling and Jeffersonville Turnpike Road Company, and the county courts of Montgomery and Powell counties, be, and the same are hereby, authorized to subscribe stock in said company, the former county to the amount of one thousand dollars per mile.

§ 19. That persons connecting their private passways with said road, shall make good culverts over the ditches, and not allow the water-drip to come into said road; for any such offense, the party so offending shall be liable to a fine of not less than one dollar nor more than five dollars, recoverable before a justice of the peace, for use and benefit of the company.

§ 20. That if Montgomery county shall make five miles of said road before that part of said road lying in the county of Powell shall be made, then the said county of Montgomery shall be entitled to a separate organization until the said Powell county end shall be made.

§ 21. That all persons allowing their stock to run on said road shall be liable to the company in any sum not less than one dollar nor more than five dollars for every offense, recoverable before a justice of the peace for the use and benefit of said company: Provided, That no person shall be liable to said penalty until being first notified that their stock is running at large on said road.

§ 22. That no corporation subscribing stock in said company shall be entitled to more than one vote for every ten shares of stock so subscribed.

Approved April 28, 1880.

CHAPTER 1288.

AN ACT to amend an act, entitled "An act to incorporate the Forest Hill Inclined Plane Railway Company, of Covington."

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

§ 1. That the act, entitled "An act to incorporate the Forest Hill Inclined Plane Railway Company, of Coving

ton," approved April 5th, 1878, be, and the same is hereby, amended by adding and inserting as follows:

1st. By inserting in the title of the act, and in the first and second sections of the same, between the words "plane" and "railway," the word "and," wherever the words" inclined plane railway" occur.

2d. By inserting between the consecutive words "same" and" purchase," in section two, the words," and such companies are hereby authorized to enter into such agreement."

3d. By inserting between the consecutive words "they" and "may," in section two, in the clause which reads, they may elect such other officers," the words " and their successors.'

44

4th. By inserting between the consecutive words" shall" and determine," in section two, the words "subject to their approval."

5th. By inserting immediately after the consecutive words shall use," in section two, the words "upon the routes it may operate."

6th. By inserting between the consecutive words" shall" and "have," in section eight, the word "not."

7th. By repealing section seven, and substituting therefor the following: "In the event the use of a route or right of way for railway tracks needed for the benefit of the company cannot be obtained by agreement, then such use may be condemned by proceedings under a writ of ad quod damnum, as provided in chapter 110 of the General Statutes, entitled Turnpike, Gravel, and Plank Roads.'" § 2. This act shall take effect from and after its pas

sage.

Approved April 29, 1880.

CHAPTER 1289.

AN ACT to amend an act, entitled "An act to charter the town of Park

land."

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

§ 1. That here after it may be lawful for the board of

May issue bonds. trustees of the town of Parkland, in the name of said town, to issue bonds in an amount not to exceed eight thousand dollars, and bearing interest at a rate not exceeding six per cent., for the purpose of building a schoolhouse and establishing a school for the use and benefit of said town. That said bonds, when issued, shall be known as the Parkland school bonds, and shall be redeemable within ten years from the date of their issue. Said Parkland school bonds shall each be for the sum of one hundred dollars, made payable to bearer, with interest coupons attached for the payment of said interest semiannually; and the principal and interest of said bonds shall be made payable at some bank in the city of Louisville, designated in said bond and coupon. Said bonds shall not be sold at a lower rate than ninety cents on the dollar, and the proceeds of sale of said bonds shall not be used for any other purpose than that of building a schoolhouse as aforesaid, and establishing and supporting a school therein.

collect a tax.

§ 2. That in order to create a fund for the payment of May levy and the interest on said bonds, the running expenses of a satisfactory school, and a sinking fund to retire the bonds at or before maturity, shall cause to be levied and collected, annually (one half of said tax to be set aside each year for said sinking fund), a tax of one per cent. upon all the property of said town subject to taxation for State purposes; and this tax shall be known as the school and sinking fund tax, and said fund shall be set apart and used only for the running expenses of said school, the payment of the interest on said bonds as it matures, and the retirement of said bonds at or before maturity. Each year, as said school and sinking fund tax is collected, said trustees shall retain in their treasury a sufficient amount to pay the interest on aforesaid bonds for one year, and such other amounts as shall be necessary for the school current expenses; and the remainder of said tax, as before provided, must be invested in Louisville city, State of Kentucky, or United States, or the bonds herein provided to be issued, for the purpose aforesaid of paying said bonds at or before maturity.

§3. That whenever a school-house shall be built in said. town of Parkland, the building and management thereof, as well as the management of said school, shall be wholly vested in the board of trustees of said town.

§ 4. That for the purpose of grading, making, and repairing streets, sidewalks, or alleys in said town of Parkland, it may be lawful for the said board of trustees of said town to issue bonds in the name of said town. That said bonds shall be known as Parkland improvement bonds; may be in denominations of one hundred, five hundred, or one thousand dollars, redeemable within thirty years from their date; shall bear a rate of interest not exceeding six per cent., evidenced by coupons, payable semi-annually, with both principal and interest payable at some bank in the city of Louisville, designated in the face of said bond and coupon; but said bonds shall not Bands limited. be sold at a lower rate than ninety cents on the dollar, and the proceeds of the sale of said bonds shall not be used for any other purposes than those for which said bonds were issued; and it shall not be lawful for said board of trustees to issue more than five thousand dollars in amount in any single year, nor a greater amount in total than fifty thousand dollars.

§ 5. That whenever it shall be determined by the board of trustees of said town of Parkland that the carriageway of any street in said town shall be graded, constructed, or otherwise improved out of the proceeds of the sale of bonds heretofore provided to be issued, the same shall be done under and by virtue of, and in accordance with, the provisions of an ordinance providing therefor; and when completed, an annual tax shall be imposed upon the property fronting on said street so improved for an amount sufficient to pay the annual interest on the cost thereof; which tax shall be apportioned among the lotowners in proportion to the number of feet owned by them fronting on said improvement, and extending back to the centre of the square; which tax lot-owners shall pay into the treasury at such time and in such manner as may be required by ordinance; and the tax thus collected