1845 Compensation to Com'rs and how paid. appointment, to meet at Colemansville; and said Commissioners, when so met, shall go before some Justice of the Peace and take an oath, faithfully, to view the nearest and best route for said road, and faithfully to perform all the duties imposed upon them by this act. SEC. 2. That it shall be the duty of said Commissioners, after being so sworn, to proceed to view and mark out the nearest and best way for said road, from Colemansville, by Falmouth, to said Landing, and report their view and the route, together with the names of the proprietors of the lands through which said road may be viewed and marked out by them, to said County Courts; and it shall be the duty of said Courts, upon the return of said report, to cause said road to be opened within their respective counties, in the same way that roads are opened under the general road laws of this Commonwealth: Provided, That said several County Courts should be of opinion that said road would be of public utility, and ought to be established. SEC. 3. That said Commissioners shall be allowed one dollar and fifty cents, each, for every day they may be necessarily engaged in the discharge of the duties enjoined on them by this act; each Commissioner to be compensated out of the levy of his county. Approved February 10, 1845. ren. CHAPTER 257. AN ACT to amend the charter of the Glasgow and Scottsville Turnpike Road. Be it enacted by the General Assembly of the Commonwealth Duty of Cty of Kentucky, That it shall be lawful, and it shall also be the Courts of Al- duty of the County Courts, for the counties of Barren and Allen and Bar- len, to divide the Glasgow and Scottsville Turnpike road, in their respective counties, into precincts, and as often as it shall be necessary, appoint a Surveyor over every precinct, whose duty it shall be to superintend the road in his precinct, and see that the same be kept in good repair; which Surveyor, shall continue in office until another shall be appointed in his stead; and all the laws now in force in this Commonwealth, in regard to public roads, are hereby declared to be applicable to, and in full force, in regard to said Turnpike road: and the said County Courts, in their respective counties, shall have the same jurisdiction over said road, which they now have over public roads: Provided, however, This act shall not take effect until the stockholders in said Turnpike road shall file, in the Clerks' offices of the said counties, their written consent to the exercise of such jurisdiction by the said County Courts, and said County Courts become satisfied that said consent has been given: And, provided further, That nothing herein contained shall be construed to prevent this State and said stockholders from resuming, at any time, any rights and juris Proviso. diction they now have in said road: And, provided further, That said County Courts shall, in no event, change said road from the ground over which it now runs. 1845 Approved February 10, 1845. CHAPTER 259. AN ACT declaring Russell's creek, in Green county, a navigable stream, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Russell's creek, a branch of Green river, be, and the same is hereby, declared a navigable stream, from the mouth of said creek up to Embry's mill. SEC. 2. Be it further enacted, That the warehouse now erected on the south side of said stream, near said mill, be, and the same is hereby, declared a public warehouse, by the name of Blakeman's warehouse; and the County Court of Green county, (where said warehouse is located,) shall appoint inspectors for said warehouse, as is now directed and required by law. Approved February 10, 1845. creek. Russell's Warehouse. CHAPTER 263. AN ACT prescribing the duties of the Board of Commissioners of the Sinking Fund, and directing that all moneys set apart to constitute a Sinking Fund shall be paid into the Treasury. Duties of Com'rs of the Collectors. First Audi SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall, hereafter, be the duty of the Board of Commissioners of the Sinking Fund, and all other Collectors and Receivers of the funds set apart by law as constituting a Sinking Fund, to pay all moneys which may come to their hands into the Treasury of this State. Before any such payments are made, the person making such pay- tor's duty. ments, shall first settle and audit an account of the sum to be paid with the First Auditor, who shall, in the usual form, notify the Treasurer thereof. It shall be the duty of the First Auditor to keep the accounts of the Commissioners of the Sinking Fund. The Sheriffs, as heretofore, shall audit their accounts with the Second Auditor. It shall be the duty of the Second Auditor, from time to time, to notify the First Auditor of all sums paid into the Treasury by the Sheriffs, which ditor. are now, or may be by law, placed to the credit of the Sinking Fund. The Board of Commissioners of the Sinking Fund shall direct the kind of books, and the order of keeping their accounts. That the Second Auditor be, and he is hereby, constituted one of the Commissioners of the Sinking Fund. SEC. 2. That it shall be the duty of the Treasurer to furnish a book or books, in which he shall keep a separate ac Sheriffs. Second Au Treasurer. 1845 How pay ments are to be made. count of all moneys paid into the Treasury, which are placed to the credit of the Board of Commissioners of the Sinking Fund. SEC. 3. That when it may become necessary to make any payment of interest or contingent expenses, the Governor, as President of the Board of Commissioners of the Sinking Fund, shall present a copy of the order of the Board to the First Auditor, who shall issue his warrant on the Treasury for the amount to be paid, which shall be paid by the Treasurer. All orders for payment of moneys shall be recorded in a book kept for that purpose, and the purposes for which such payment is made shall be specified in the order. SEC. 4. That the Governor, Second Auditor, and one other What shall of the Commissioners of the Sinking Fund, shall be sufficient to constitute a Board for the transaction of business. constitute Board. May deposit funds, &c. First Auditor to issue war rant on certificate of deposit. SEC. 5. That when the Board of Commissioners of the Sinking Fund shall deem it necessary for the safe keeping or convenience of transacting the business of said Board, to direct the funds under their control to be placed in deposit with any of the banks of this Commonwealth, or elsewhere, they shall make an order, designating the bank or banks of deposit, and the amount to be deposited. Upon the production of the order of deposit, by the President of the Board of Commissioners of the Sinking Fund, to the First Auditor, he shall issue his warrant on the Treasurer, for the amount, in favor of said President; and the Treasurer shall pay the same out of the funds placed to the credit of the Board of Commissioners of the Sinking Fund. SEC. 6. That if one or more of the Board of Commissioners Governor of the Sinking Fund shall fail or refuse to act, the Governor may fill vacan- shall, in vacation, fill the vacancy by the appointment of a cy in Board Com'rs. suitable person or persons; which appointment shall be laid before the Senate at the succeeding session, for the advice and consent of the Senate. Duty of the Board Com'rs. SEC. 7. That it shall be the duty of the Board of Commissioners of the Sinking Fund, to provide the ways and means of obtaining immediate possession of all coupons of interest, by them paid; and immediately thereafter, in the presence of the Governor, Secretary of State, Treasurer, and Second Auditor, cancel and burn said coupons, or safely file them in an iron safe. If it is thought most advisable to burn the coupons, there shall first be made a record of their denomination, in the office of Secretary of State. SEC. 8. That said Board of Commissioners shall have the May appoint power, if they think it most advisable, to appoint a Clerk to keep a record of their proceedings, who may be paid, by said Board, an annual salary for his services, not to exceed $500. Clerk. SEC. 9. That it shall be the duty of the Commissioners of Com'rs to lay the Sinking Fund, to cause to be laid before the Governor, the statement be- statement of their accounts, at least ten days before the comfore Governor mencement of each session of the General Assembly. Approved February 10, 1845. CHAPTER 264. AN ACT to increase the resources of the Sinking Fund, and to provide for the burning of certain State Bonds and Coupons. 1845 Lessees pay Auditor; his duty. SEC. 1. Be it enacted by the General Assembly of the Com- Duty Board monwealth of Kentucky, That it shall be the duty of the Internal ImBoard of Internal Improvement to pay into the Treasury provement. any money which it has received from the Lessees of the Lexington and Ohio Railroad; the said Lessees shall, in future, pay into the Treasury all money, or public securities, into Treasury. which, by law, and the terms of their written covenant, they are bound to pay; the Auditor shall make a record of the amount of money paid in, and the amount in public securities, noting the denomination thereof; the money paid into the Treasury, pursuant to the provisions of this act, shall be placed to the credit of the Commissioners of the Sinking Fund; it shall be the duty of the Treasurer to take the State securities, so paid, into the office of the Secretary of State, and his duty. cause a record to be made of their denomination, and the manner of their payment; said public securities, so taken in, shall then be cancelled and burned in the presence of the Governor, Secretary of State, Treasurer, and Second Auditor—which fact shall be reported to the Legislature by the Governor. Money to be placed to cred it Sink. Fund. Treasurer; Securities, when and how burned. Board to can bonds. SEC. 2. If any portion of said rent has been paid in the bonds or scrip of this State, issued for the repair of said Rail- cel scrip or road, under the act of March 3, 1842, it shall be the duty of said Board of Internal Improvement, forthwith, to cause the same to be cancelled, in the manner directed by the 12th section of said act. SEC. 3. It shall be the duty of said Board of Internal Improvement to pay into the Treasury, to the credit of the Commissioners of the Sinking Fund, any balance which may be on hand, received by said Board for tolls on the Kentucky River, and Green and Barren River Navigation, and all tolls hereafter received on said rivers, after paying expenses and repairs, shall be applied in the same way; and all improvements hereafter made upon the locks and dams of the Kentucky river, shall be charged to repairs, and paid out of the tolls received. SEC. 4. Be it further enacted, That it shall be the duty of the Board of Education and Commissioners of the Sinking Fund, to surrender to the Governor the State bonds held by them respectively; and it shall be the duty of the Governor, upon the receipt of said bonds, to cause the same to be cancelled and destroyed, by burning, in the presence of the Second Auditor and Treasurer. But before the bonds held by the Board of Education shall be burned, duplicate lists thereof, described by dates and numbers, shall be made and signed by the Governor, Second Auditor, and Treasurer, one to be delivered to the Secretary of State and the other to the Second Auditor, to be by them recorded in well bound books, in their respective offices. And it shall also be the duty of the Second Board to pay into balance Treasury. Duty Board of Education. 1845 Auditor and Secretary of State, to deliver to the Board of Education a copy of said duplicate list, signed by them respectively, and sealed with their respective seals of office; and when so signed, sealed, and delivered, said duplicate copy shall stand in the place of the bonds of the State now held by said Board of Education; but the same shall not be passed by delivery, be transferred, nor assigned by said Board, to any person or corporation-which shall be expressed on the face of said lists. And it is further declared, that the rights of said Board of Education, to the fund now claimed by it, shall not be regarded as in any wise impaired by any thing in this act contained, or in any wise release the State from the obligation it is now under to pay the interest on the School Fund; and, in every respect, shall said fund be considered and held as sacred and inviolate as though the bonds had not been burned. SEC. 5. Be it further enacted, That whenever a settlement shall be made with the Commissioners of the Sinking Fund, of their transactions, up to the first day of January, Ï845, it shall be the duty of said Commissioners to cause to be noted, in one of the well bound books, by them kept, the number, date, and amount, of each coupon by them paid; after which said coupons shall, by said Commissioners, be delivered over to the Governor, who shall, forthwith, in the presence of the Second Auditor and Treasurer, cause said coupons to be cancelled and burnt. That, hereafter, the Governor shall not issue a State bond or bonds, except in the exchange of State bonds; and when such exchange shall take place, a note shail be made of the denomination of the bonds exchanged. It shall then be the duty of the Governor, forthwith, to call together the Second Auditor and Treasurer, and cancel, by burning, the bond or bonds by him received in exchange: Provided, That nothing herein contained shall be construed to affect any act which may be passed during the present session of the Legislature authorizing the issue of State bonds. Approved February 10, 1845. CHAPTER 270. AN ACT for the benefit of George Washington Lafayette Bradley, and for other purposes. WHEREAS, Charles A. Land, of the city of Louisville. hath represnted to the General Assembly, that he has taken and raised a destitute child, by the name of George Washington Lafayette Bradley, which child is now about six years old; and in consequence of his attachment for said child, he is desirous to legitimate, by giving to him all the rights and privileges of inheritance in and to his estate, in the same manner, and to the same extent, as if he were his lawful issue and heir at law, and requesting that the said Bradley shall be styled, call |