1828.

and owners of

town, over the age of eighteen years, and for the owners of lots in said town, to meet at the house of Joseph G. McClelland, in said town, on the first Inhabitants Monday in March next, and elect five trustees for said town, who shall be citizens of said town or own ers of lots therein, which trustees, when so elected, March, 1828. shall continue in office until their successors shall be duly qualified.

lots may elect trustees in

SEC. 2. Be it further enacted, That it shall and may be lawful for the citizens of said town and own- And annually thereafter in ers of lots as aforesaid, to meet at some public house January. in said town on the first Monday in January in each year hereafter, and elect five fit persons as aforesaid, to act as trustees of said town for one year after their election, and until their successors shall be duly qualified.

.SEC. 3. Be it further enacted, That the trustees of Powers of the said town shall have full power and authority to levy trustees in regard to taxaon the citizens' negroes and lots of said town annu- tion, police, ally, as a tax, any sum not exceeding one hundred &c. dollars, to be applied under the direction of said trustees, for the purposes of keeping the water, streets and alleys of said town in repair; and the said trustees shall have full power and authority to open the streets and alleys of said town, and in all respects have the same powers and be governed by the several general laws for the regulation of towns in this Commonwealth.

Approved, February 11, 1828.

CHAP. 133.-An act vesting the trustees of Springfield with power to pave the streets of said town.

Trustees may cause certain

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the trustees of the town of Springfield, in the county of Washington, to cause the Main- streets to be street thereof to be paved from where Walnut-street paved. crosses the same to the public square; and if the owner or owners of any lot or parts of lots shall fail or refuse to pave the same within sixty days after said trustees may direct the same to be done: they shall have power to cause the same to be paved, and make sale of said lots, or so much of each of them as may be sufficient to pay for the paving of the front thereof one half the width of the street; they giving thirty days notice of the time and place of sale.

R

1828.

Also certain

side walks to be paved.

May levy and

SEC. 2. Be it further enacted, That the said trustees shall have power to cause the owner or owners of any lot or lots on Main-cross street, from Water street to High street, to make a good and sufficient foot-way in front of said lots, at least eight feet wide, under the same rules and regulations provided for in the first section of this act.

SEC. 3. Be it further enacted, That the trustees collect a tax, aforesaid shall have full power and authority to levy not exceeding a tax to any amount not exceeding two hundred dol$200 per ann. lars per annum, for the purpose of improving said town: Provided however, That in levying said tax they shall not tax any tytheable person more than fifty cents, nor shall they assess more than twelve and a half cents on the one hundred dollars, on the valuation of any town property or negroes.

Proviso.

Books to be opened.

Building of bridges to be lowest bidder.

let out to the

Approved, February 11, 1828.

CHAP. 134. An act to provide for the building of bridges across certain water courses in Greenup county.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the County Court of Greenup county to name, in any one neighborhood of said county, five fit and proper persons to open books of subscription for the pur pose of building any one or more bridges in the county; and it shall be lawful for the men so appointed to open such books, and receive subscriptions for the building of any one or more bridges, to be named in the order of such County Court, and to let the building of such bridge or bridges to the lowest bidder, or otherwise contract for the same; and to take bond with approved security, from the undertaker, for the performance of the work in the manner to be prescribed by such commissioners; and the undertaker may receive the subscriptions so made, or such of them as may be agreed upon by the commissioners so to be appointed, and from said commissioners County Court receive a written transfer thereof, and sue for and collect the same, in his own name as assignee of such bridge commissioners; or suit may be brought by such commissioners in their name, the subscriptions collected by them.

may receive

an assignment of subscrip

tion list, and

sue therefor.

Commission

SEC. 2. Be it further enacted, That such commisers to report. sioners shall, once in every year, at the Court of

1.828.

linquency.

Claims, lay before the County Court a report of their proceedings, and of the amounts subscribed and expended, and of the contracts for the building of May be rebridges; and such commissioners may at any time be moved for deremoved by such court, and suit may be brought against them or any one or more of them for any delinquency of duty, in the name of the county of Greenup, and for the use of said county; and all mo. nies recovered by such suit or suits, shall by such county court be appropriated in the building or repairing of some bridge in said county.

County Court

may author

aid of build

SEC. 3. Be it further enacted, That upon a report ize a levy in made by such commissioners, the County Court may, ing bridges, for the purpose of aiding in building any of those necessary bridges levy upon the county a sum equal

to one fourth of the amount so subscribed by good Duty of the and solvent subscribers, and shall certify the same to Auditor. the Auditor of public accounts, who shall thereupon draw his warrant upon the treasury for a sum equal to that levied by said court, in favor of the commissioners or their successors, whose names shall also be certified to him; to be by said commissioners also Proviso. appropriated to the purposes of building said bridges. Provided however, That the whole amount to be drawn in pursuance of this act, shall not exceed five hundred dollars.

ers,

Commission.

SEC. 4. Be it further enacted, That said commissioners to give before they proceed to perform their duties un- bond. der this act, shall, in the County Court of said county, enter into bond, with good and sufficient security, to be approved of by said court, in the penalty of at least three thousand dollars, payable to said county, for the faithful discharge of all their duties as such; and all subscriptions, bonds and other necessary writ ings, had or made in pursuance of this act, shall be Duties of the held and taken to be a consideration good and valid Clerk of the in law: the Clerk of the County Court shall do all County Court the duties required by the provisions of this act, with

out fee therefor.

where said

SEC. 5. And be it further enacted, That the County Court shall require such bridges as may be built in County Court pursuance of this act, to be erected either on the road may direct leading from the mouth of Big Sandy, by Greenups- bridges shall burg and Clarksburg, to Flemingsburg, Maysville be crected. and Washington, or on the road leading from Greenupsburg to Little Sandy licks, or on the road called the turnpike road from Mountsterling and Flemings

1828.

Proviso.

Court may

Commission

burg to the mouth of Big Sandy, or on the road leading from Greenupsburg to Portsmouth, or on all of them, as shall be thought best. But said court shall not have the right to transfer the money subscribed for any one bridge to the building of another, nor shall said court lay a levy or cause public money to be appropriated to the building of one bridge, on account of monjes subscribed to another; and the court shall cause an order to be made and certified to the Auditor, for what particular bridge or bridges the appointdiffer- levy is made. And said court may appoint as many ent boards of different boards of commissioners as they shall think fit; and the levy made and the money to be drawn from the public treasury, shall be apportioned amongst the different companies of bridge commissioners, agreeably to the amount subscribed for any particular bridge in said county. Provided however, That the County Court may make any necessary changes in any of said roads, so as to turn them or any one or more of them to the point at which the said court shall consider the most practicable for building any one or more of said bridges, under the same rules and regulations as now prescribed by law, for making a change in any road established by a County Court.

ers.

Preamble.

Approved, February 11, 1828.

CHAP. 135.-An act providing for the appointment of an engineer to survey the Kentucky, Licking and Green river. WHEREAS it appears to the present General Assembly, that a sum of money owned by the State, amounting to nine hundred thousand dollars, nominally, will shortly be redeemed from the pledge given in the charter of the Bank of the Commonwealth, for the ultimate redemption of notes: and it further appearing that no investment can be made of those funds which will be of such general utility, and yield so much lasting and substantial benefit to the good people of this Commonwealth, as by its judicious employment in the improvement of roads and navigable streams within its limits; and not being in the possession of the necessary information as it relates to the plan and to the points at which the improvements ought to be made, and cost thereof; and deeming it of great importance that such information should be procured as will enable the next Legislature to act advisedly

and efficiently on this subject, either by forming companies and taking a portion of the stock in them, or by such other means as may hereafter be thought most expedient: Therefore,

1828.

to be made to

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a temporary board of internal improvements shall be established, con- Temporary sisting of the Governor, Auditor, Treasurer and Re- board of ingister, a majority of whom may act, whose duty it ternal improvements shall be to address a letter to the Secretary of War established. of the United States, requesting that a suitable person or persons from the Corps of the United States Engineers, be sent to this State, to be employed the ensu- Application ing summer and fall in surveying the Kentucky river the Secretary from its mouth to Boonsborough, Licking river from its at War for a mouth to the mouth of Slate creek, and Green river engineer. from its mouth to Lyon's warehouse, and to make such examinations of such rivers, by levelling or otherwise, as will enable them to report to the next Legislature, the practicability of improving the navigation of said river, by locks and dams, or by wing dams and schutes, and the probable expense thereof, together with their views, both in relation to those, as well as other improvements they may think proper to suggest, and which in their opinion would be best suited to the streams and the commerce of the country through which they pass.

SEC. 2. Be it further enacted, That if on applica

tion, the board shall find they cannot obtain an en- If an engineer gineer or engineers from the United States Corps, be not obtainit shall be the duty of the said board, and they are ed from the hereby required and authorized to employ Judge United States Bates or some other experienced engineer, with two corps, some assistants, a surveyor and two or more boatmen, or to be appointother hands on each river, who shall be experienced ed. in the navigation of said streams, whose duty it shall be to perform the duties required in the first section

of this act.

SEC. 3. Be it further enacted, That on filing their

other person

report with the board of internal improvement, and May employ their approving of the same, the board may allow to assistants, &ca the assistants a sum not exceeding two dollars per day for their services, the surveyor three dollars per day, and the boatmen or other necessary hands, one dollar per day for their services; and the Auditor is hereby directed to issue his warrant on the Treasurer for the same: Provided however, That the sum ex

Proviso.