appeal to the Circuit Court, in pursuance of the provisions of this act, and shall not obtain a greater judgment, if he be the prosecutor, or a less judg 1828. ment, if he be the defendant, than the Judgment be- Costs upon fore the Magistrate, then he shall pay all costs, in- appeals. curred by the prosecution of such appeal, and the Circuit Court shall give judgment for such costs accordingly. ing. SEC. 22. Be it further enacted, That any candidate, Penalty upon for the office of Governor, Lieutenant Governor, mem- any candiber of Congress, Senator or Representative in the State date for briLegislature, if he be guilty of bribing or treating, bing or treatwhilst a candidate, for the purpose of procuring his election, either directly or indirectly, shall be liable to be indicted by the grand jury, and fined by a jury any sum, not less than two hundred dollars, nor more than five hundred, and the Circuit Courts shall give this in charge, to the grand juries: said fines to be appropriated, as is now directed by law: Provided, however, That the person, receiving such bribe or treat, shall in no instance, be a competent witness, against the person accused of such bribing or treating. All acts or parts of acts, coming within the pur- Repealing view of this act, shall be and are hereby repealed. Approved, February 13, 1828. CHAP. 161.-An act concerning the Turnpike and Wilderness Proviso. clause. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of all laws Laws author or parts of laws, as authorize the County Courts of zig comm'rs to be appointKnox, Rockcastle and Madison counties, to appoint ed repealed. commissioners to superintend and keep in repair the Wilderness and Turnpike Road, be and the same is hereby repealed; and in place of the said commissioners, the Governor shall, by and with the advice A surveyor and consent of the Senate, appoint one surveyor and and superingeneral superintendant of the said road, in its whole tendant to be appointed. extent from Cumberland Gap to Grassy Lick, in Lincoln county; and also, from the forks of said road at the Hazlepatch, to the foot of the big hill in Madison county, to superintend the working and keeping the same in repair; and for that purpose, the said sur- and duties. veyor and general superintendant shall be, and he is hereby invested with all the power and authority His powers 1828. over the funds, tools and implements of said road, and over the laborers employed on said road, and shall be, and he is hereby required to do and perform all the duties and services on said road, which is now possessed by said commissioners respectively, or is enjoined upon them, except so far as is otherwise required and provided by this act: Provided, That nothing herein, shall be construed to take from the Proviso as to County Court of Knox county, the power to appoint the Barbours- a surveyor or commissioner to superintend the working of the branch of said road which passes by Barboursville, or to divert therefrom so much of the tolls receivable at the turnpike gate, as are by law appro- . priated to the same. ville road. count of mo Auditor's of fice. SEC. 2. Be it further enacted, That it shall be the duty of the said surveyor and general superintenSurveyor, &c. dant of said road, to keep a true and faithful account to keep an ac- of all monies received from the keeper of the turnney received pike gate, and of all monies expended by him on acand expended count of said road, designating therein the amount by him and of each item of expenditure; and shall, on or before place a copy thereof in the the first Monday in December, in each year, place a copy thereof in the Auditor's office, for the inspection of the General Assembly, having first made oath to the truth of the same, before some Justice of the Peace, and procured a certificate of said oath to be endorsed on said account. He shall furthermore at And report the same time, lodge with the Auditor, a description the improvements made of the several improvements made on said road duand necessary ring the year, and suggest such improvements and alterations as he may deem expedient, together with an estimate of the probable cost thereof; it shall be his duty to give his constant personal attention to the working said road, and the other business appertaining thereto, and he may from time to time employ such assistants or foremen, not exceeding three at the same time, as may be necessary, to aid him in superintending the labourers on said road. to be made. To attend personally to said road and may employ assist ants. Persons who are to work on said road. Proviso. SEC. 3. Be it further enacted, That all and every person subject to work on public roads, and who may reside within one mile of the said Turnpike and Wilderness road, shall hereafter be compelled to work thereon four days in each year, in the manner now prescribed and subject to the rules, regulations and penalalties now provided by law for working on public roads: Provided, That hands living on or near to any other public road, crossing of leading off from said wilderness and Turnpike road, shall not be subject to the requisition of this act; nor shall any person be required to work more than five miles from his residence, and all persons bound to labor on said road shall be exempt from working on any other." 1828. enforce the SEC. 4. Be it further enacted, That it shall be the Surveyor to duty of the surveyor and general superintendant to keep a roster make out a roster of all the persons bound to work of the hands; on said road, and to note all failures to work on law against the same when duly required so to do, and he shall delinquents. cause the law to be enforced against all delinquents; but all persons bound to work on said road by himself Persons bound to work may or his servants, may commute the same or any part pay for the thereof, by paying the said superintendant after the same in morate of fifty cents per day, for each day's labor so ney. due, at any time before a warrant shall be issued against the person so failing; and all money so received shall be accounted for and appropriated to the working and keeping said road in repair. SEC. 5. Be it further enacted, That the said survey- Surveyor to or and general superintendant, shall have full power serve the proreceive & preand authority to demand, receive, sue for and recover, perty. in his own name, and for the use of said road, all ́ tools, implements and other property, belonging to said road, or which hath been or may be purchased for the use of the same, and he shall cause a list to be made of the same, and all others which he may procure for the same purpose; and he shall be bound to cause all proper care to be taken of all such implements, tools and other property, which may come to his hands. and execute SEC. 6. Said surveyor and general superintendant shall remain in office during good behaviour and the To hold hia continuance of this act; he shall enter into bond in office during the office of the Secretary of State, with one or more good behavior securities, in the penalty of four thousand dollars, bond. for the faithful performance of the duties of his of fice, according to law; he shall retain out of the monies paid him by the keeper of the turnpike gate quarterly, after the rate of four hundred dollars per year, for his own salary; and he shall pay his foremen the time they are actually employed, not exceeding seventy-five cents per day. SEC. 7. Be it further enacted, That it shall be the Old road to duty of said superintendant, to keep open and in re- be kept open. pair, the old road up the big hill in Madison county, to the intersection of the new road.. 1828. SEC. 8. Be it further enacted, That it shall be the duty of the superintendant, to purchase for the use Surveyor may of said road, such teams of oxen and carts as may be purchase carts and teams. necessary for the working of said road. Approved, February 13, 1828. CHAP. 162.-An act appointing commissioners to settle with Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor and Treasurer, are hereby appointed commissioners to settle the accounts of William Holman, who was appointed as agent to sell the articles manufactured in the Penitentiary; and upon the said Holman's accounting for all articles sold as directed by law, and paying the amount of said sales into the treasury, they shall allow him such compensation for the same as he may be entitled to according to law, upon his exhibiting his account upon oath for the same. Approved, February 13, 1828. CHAP. 163. An act to authorize the 75th and 121st regiments to hold a Court of Appeals, and to regulate the fines of said regiments. WHEREAS, the 75th regiment of militia was divided in the year 1826, so as to constitute the 75th and 121st regiments, and it is represented that no Court. of Appeals for the assessment of fines, was held in that year, in consequence of said division.. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Judge Advocate of the 75th regiment, to furnish the Colonels of each of the said regiments with a list of the fines for said year, within the bounds of their regiments respectively; and it shall be the duty of the said Colonels, each to hold a Court of Appeals, for the purpose of adjudicating on the fines assessed in the year 1826, against individuals residing within the bounds of their regiments; it shall be the duty of the commandants of said régiments, each to list with the Sheriff of his county, the fines so assessed for the use of the regiment: All fines assessed previous to the year 1826, and not expended, shall be equally di vided and paid over to the Paymaster's of said regiments respectively. Approved, February 13, 1828. CHAP. 164. An act to authorize the County Court of Gallatin to appoint Inspectors of Tobacco. WHEREAS, there is a warehouse in Gallatin county, on the Kentucky river, known by the name of Jones' warehouse, and that said warehouse is within one half mile of the Henry county line, and that it would be a matter of convenience to enable the County Court of Gallatin county, to appoint two fit persons, Inspectors at said warehouse, who reside in the county of Henry: For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Gallatin county, is hereby authorized and empowered, to appoint two of the Inspectors of tobacco for said warehouse, who are residents of Henry county, who shall qualify and give bond in the Gallatin County Court, in the same manner as if they were citizens of Gallatin county. Approved, February 13, 1828. 1828. CHAP. 165.-An act for the benefit of the heirs of Peter Tichenor and Hatzell Jennings. WHEREAS, it is represented to the General Assembly, that Peter Tichenor some years ago departed this life, and at his death he left eleven children, seven of whom are yet under age; that he owned and on which he resided at his death, a tract of land on Plumb creek, in Nelson county, containing one hundred and three and a half acres; that at his death he was much in debt, and that all his property, exclusive of the tract of land aforesaid, was insufficient to pay his debts, and his land must have been taken and sold; to prevent which, his widow and administratrix, by the consent of the heirs who are of age, and the brothers of said Tichenor, sold said land for a full price, but it is apprehended said sale is not good in law, and to remedy that inconvenience: SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon the said administratrix and widow of the said Peter Tichenor |