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Proviso.

Upon subscrip

than is necessary

raise by subscription, they are hereby permitted and empowered to raise in the same manner, and upon the same conditions as are prescribed in the act of incorporation, the further sum of twenty thousand dollars, or such smaller sum as may be required to complete the aforesaid bridge: Provided however, That if at any time, the stock of said company shall have depreciated, so that the real value of said stock shall not be equal to its nominal value, it shall and may be lawful for the President and Directors of said company, with the assent of three fourths of the shareholders, to sell or dispose of all or any part of the stock which shall remain unsold, or unsubscribed for, at the market price, or depreciated value of the stock which may have been already subscribed for and taken; and those purchasing or subscribing for stock, on the terms prescribed as aforesaid, by the President and Directors of the said company, shall be entitled to the same privileges, immunities and profits, and hold said stock on the same terms with the subscribers for stock under the original act of incorporation.

SEC, 3. Be it further enacted, That should more tion of more stock stock be taken than shall be required, to defray the the surplus to be charges of erecting said bridge, and to pay attendreturned to the ant expences, the surplus shall be refunded to the shareholders, in such manner, and under such regulations as the President and Directors of said company may order.

stockholders.

Company may

erect an addition

ver.

Previse.

SEC. 4. Be it further enacted, That said compaal pier in the ri- ny may erect, and are hereby authorized and empowered to erect an additional pier in said river, if it shall be found necessary to the completion of said bridge: Provided however, that said two piers permitted to be erected, shall not be within ninety five feetof each other, or of either of the abutments. SEC. 5. Be it further enacted, That the said comwrit of ad quod pany are further authorized and empowered, to sue damnum, to con- out from the county court of Franklin county, a writ or writs of ad quad damnum, for the purpose of condemning so much of lots No. 217, and 232, in South Frankfort, as will be sufficient to make a road of 60 feet wide from the said abutment, to

May sue out a

demn

lotts.

certain

street, in said town. Upon the execution of such writ or writs, the jurors shall view the ground re.

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quested to be condemned by the President of said
company; and if in their opinion it shall be necesa-
ry and proper to condemn said ground, they shall said writ
say so by their inquest, and lay off, and designate
said ground, and shall assess the value thereof:
which inquest shall be returned to the county court
of Franklin, and recorded; upon which, if the said
company pay into the said court the value of the
land so assessed by the jury, it shall vest the said
land in the said company in fee simple. And upon the
money being so paid into court, they shall cause
said money to be paid to the person or persons so
owning the said property so condemned, upon his
or their giving bond with approved security, in a
penalty of at least double the amount, conditioned
to repay said money with legal interest thereon, to
any person or persons who might thereafter prove
to have a better title.

SEC. 6. Be it further enacted, That all acts and parts of acts contravening the provisions of this act, repealing clause are hereby repealed.

CHAP. CCCXXIV.

AN ACT for the benefit of Mary Rountree.

APPROVED, January 31, 1816.

WHEREAS it is represented to this General Assembly, by the memorial of Mary Rountree, that certain warrants on the treasury of this state, amounting to thirty four dollars, seventeen cents were allowed her husband, now deceased, for attending criminal prosecutions at Bardstown; which warrants were deposited with the former Treasurer to pay on vacant lands, and by him lost or mislaid, wherefore:

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Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Mary Rountree be, and she is hereby allowed a credit of thirty four dollars, seventeen cents, in the payment of the state price on vacant lands; and the Auditor of public accounts is hereby directed to allow said credit on the application of the said Mary, or any person for her.

CHAP. CCCXXV.

AN ACT for the relief of Charles F. Wing, clerk o
Muklenburg court.

APPROVED, January 31, 1816.

WHEREAS it is represented to this General Assembly, that Charles F. Wing has failed through some casualty, to pay to the Treasurer the revenue due from him as clerk of Muhlenberg county, and circuit courts; and in consequence thereof, has become subject to a considerable amount in interest and damages; which is likely to operate to the injury and oppression of his family, wherefore:

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all damages due from the said Charles F. Wing, in consequence of said failure, be, and the same are hereby remitted; provided, the said Charles F. Wing do pay the principal and cost due from him in consequence of said failure, in twelve months from this date.

elected.

CHAP. CCCXXVI.

AN ACT for the better regulation of the Town of
Mounsterling, in Montgomery county.

APPROVED, February 1, 1816.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and Trustees how may be lawful for the white male inhabitants of the age of twenty-one years and upwards, who have resided within the bounds of the town for three months next preceding the first Monday in August, to elect on the said first Monday in August, five persons as trustees for the town for the ensuing year; who shall hold their office until their successors shall be elected and organized.

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SEC. 2. The election shall be held at the courthouse within said town, and under the directions of a trustees then in office, having been appointed

by the president of the existing board of trustees for that purpose; who shall within ten days after the election, make a return to the clerk of the board the names of the persons so elected, who shall at their next meeting, be entered on their records, and considered as the trustees of the town for the year ensuing.

of vacancies.

SEC. 3. In case of a failure to act, or in case of Election in fease a vacancy by death, resignation, removal out of the town or otherwise, the president of the board shall direct one of the board to hold an election to supply such omission or vacancy at a time by him appointed, on giving notice by advertising at the market house the two next market days preceding such election.

SEC. 4. No person shall be elected a trustee who not eligible who has not a legal or equitable title to real estate within the bounds of the town, and qualified to vote for trustees for the same. Each trustee before he enters on the duties of his office, shall take an oath oath. before a justice of the peace, for the county of Montgomery, That he will to the best of his abilities, execute the duties of trustee for the town of Mountsterling; a certificate of which oath, shall be filed with the clerk, and at their next meeting entered on the records of the board.

&c.

SEC. 5. The trustees shall hold four stated meet- Regulations re ings in each year, at such time as they may fix by specting sittings their bye-laws, and such other meetings as the president shall deem proper to call; a board shall consist of at least three members, and shall meet within fifteen days after they have been elected; at which time, they shall appoint a president from among their own body, who shall preside at their meetings; and on his failing to attend at any meeting of the board, they shall appoint one of their own body, who shall preside in his absence: they clerk and his du. shall elect a clerk annually, who shall hold his of- ty. fice until a successor shall be elected, unless removed for good cause; and in case of removal, a majority of all the trustees must concur; the clerk shall receive a compensation for his services, to be fixed by the trustees, not exceeding one hundred dollars a year: before he enters on the duties of his

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Clerk's cath.

er.

office, he shall take the following oath before a justice of the peace for the county,That he will keep safe all books and papers committed to his care, and faithfully execute the office of clerk to the board of trustees for the town of Mountsterling," a certificate of which oath, shall be entered on their records. They shall annually appoint a treasurer, Regulations re who shall hold his office until a successor be apspecting treasurpointed, unless removed for good cause; and in case of removal, a majority of all the trustees must concur; the treasurer shall receive a compensation for his services to be fixed by the trustees, not exceeding six per cent. on the monies he shall receive before he enters on the duties. of his office, he shall enter into bond with security payable to the trustees of the town of Mountsterling and their successors, in a penalty of five thousand dollars, conditioned that he will, well and truly execute the office of treasurer to the board of trustees for the town of Mountsterling; and the trustees may at any time, on his failing to perform any of the du ties annexed to his office, prosecute a suit in the Montgomery circuit court, or any other court have ing similar jurisdiction on the said bond, and recover judgment for what may be then due, with an advance of fifteen per cent. on said judgment, together with costs; on which execution, shall issue endorsed, "No security to be taken:" and such bond shall not be void upon the first judgment, or dismission of a first suit or other suits, but may be put in suit from time to time, until the whole penalty shall be recovered: It shall be the duty of the treasurer to settle with and receive the taxes due from the town collector; to keep a fair account of all monies received and paid out by him as treasurer; to pay out no monies except by an order from the board, signed by the president and attested by the clerk; and once in every year, and as much oftener as the board shall direct, produce to the board his accounts, fairly stated, with his vouchers, and pay over any balance that may be due, at the discretion of the board.

SEC. 6. They shall appoint a town assessor, who shall assess the value of all lots and the im

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