1828. evade the tolls. aforesaid, shall be drawn by oxen or mules, in the whole or in part, two oxen shall be estimated as equal to one horse, and every mule as equal to one horse, in charging the aforesaid tolls. SEC. 16. Be it further enacted, 'That if any person or persons, owning, riding in or driving any carriage of burthen or pleasure as aforesaid, or owning, riding, leading or driving any horse or mule, or driving any Forfeiture & hogs, sheep or cattle, as aforesaid, shall, with an inpenalty in tent to defraud the said Company or to evade the attempting to payment of any of the tolls or duties aforesaid, pas payment of through any private gate or bars, or along or over any private passage way, or along or over any ground or land near to or adjoining any turnpike or gate, which shall be erected in pursuance of this act; or if any person or persons shall, with the intent aforesaid, take off or cause to be taken off, any horse or other beast or cattle of draught or burthen from any carriage of burthen or pleasure, or shall practice any other fraudulent means or device with the intent to evade or lessen the payment of any such toll or duty, all and every such person or persons offending in manner aforesaid, shall, for every such offence, respectively forfeit and pay to the President, Managers and Company of the Lexington and Frankfort Turnpike Road, the sum of fifteen dollars, to be May be sued sued for and recovered, with costs of suit, before any for and recov- Justice of the Peace for the county where the offence happened, in like manner and subject to the same rules and regulations as debts of equal amount are or may be by law recoverable. ered with costs. be had upon failure of Company to keep the road in repair. SEC. 17. Be it further enacted, That if the said Proceeding to Company shall neglect to keep the said road in good repair, for the space of ten days, and information thereof shall be given to any two justices of the peace for the proper county, such justices shall issue a precept, to be directed to any Constable, commanding him to summon five judicious and disinterested freeholders to be named by said justices, to meet at a certain time in the said precinct, to be mentioned, at the place in the said road which is complained of, of which meeting notice shall be given to the keeper of the gate or turnpike nearest thereto; and the said justices shall, at such time and place, by due oaths or affirmations of the said freeholders, enquire whether the said road or any part thereof is in such good repair as aforesaid, and shall cause an inquisition to 1828. pair. be made under their hands and seals, and under the hands and seals of said freeholders; and if the said road shall be found by the said inquisition to be out of repair, contrary to the true intent and meaning of this act, they shall so certify, and send one copy of the said inquisition to each of the keepers of the turn-pike or gates between which said defective place shall be, and from thenceforth the tolls hereby granted to be collected at such turnpike or gates for the intermediate distance between them, shall cease to be demanded, paid or collected, until it shall have been certified by the said freeholders, or a majority of them, that the said defective part or parts of the keepers dePenalty upon said road have been put into good and perfect order manding toll and repair as aforesaid; and if any of the keepers of when the road the gates as aforesaid shall take or attempt to exact is out of retolls for the intermediate distance between the gates aforesaid, from any traveller during the time the road shall continue out of repair, such keeper shall forfeit and pay to the person who shall prosecute for the same, the sum of five dollars for each offence, to be recovered before any justice of the peace as debts of equal amount are or may be by law recoverable; but if the said road shall not be put into good repair before the next ensuing Circuit Court for the proper county, the said justices shall certify and send a copy of the said inquisition to the Clerk of the said court; and the court shall thereupon cause process to issue, and bring in the body or bodies of the person or persons entrusted by the Company with the care and superintendance of such part of the said road as shall be found defective as aforesaid, and shall in a summary way enquire into the fact, and enter up a judgment according to the nature of the case, the aggravation and neglect as aforesaid, as the said court in their discretion shall judge proper: provided, the fine in no instance shall be less than twenty nor exceed one hundred dollars; and the fine so imposed shall be recovered in the same manner as other fines against said Company, and to be paid over and go towards lessening the county levy for the proper county. President and SEC. 18. Be it further enacted, That the President Managers to and Managers of the said Company shall keep fair keep a fair and just accounts of all monies which shall be receiv- and just aced by them from the subscribers for stock of the said nies received 'Company, on account of their several subscriptions, as stock, dc. count of mo 1828. Accounts to be submitted annually to a general meeting of the and of all penalties for the delay in the payment thereof, and of the amount of the profit on the shares which may be forfeited as aforesaid, and also of all monies by them exponded in the prosecution of their work; and shall, once at least in every year, submit such accounts to a general meeting of the stockholders, until the said road shall be completed, and until all the costs, charges and expenses of effecting the same, shall be fully paid and discharged; and the agstockholders. gregate amount of such expenses shall be liquidated and ascertained; and if upon such liquidation, or whenever the whole capital stock of the said Company shall be nearly expended, it shall be found that May increase the said capital stock will not be sufficient to comthe number of plete the said road according to the true intent and meaning of this act, it shall be lawful for the said President, Managers and Company, at a stated or special meeting to be convened according to the provisions of this act or their own by-laws, to increase the number of shares to such extent as shall be deemed sufficient to accomplish the work, and to open books for subscription for such additional shares, or sell for the benefit of the Company, as they may think proper; and to demand and receive the monies subscribed or sold for such shares, in like manner and under the like penalties as are herein provided for the original subscriptions, or as shall be provided for by their by-laws. shares. SEC. 19. Be it further enacted, That the said President, Managers and Company shall also keep a just and true account of all and every the monies to be received by their several and respective collectors of tolls at the several gates or turnpikes on the said road, which shall not exceed one for every five miles after the road is completed from the beginning to the end thereof, or such part thereof as shall from time to time be completed as aforesaid; and after the said road shall be completed, or so much thereof as it may from time to time be deemed expedient to make and finish, shall make and declare a dividend of the clear profits and income thereof, all contingent costs and charges, and a reasonable fund for repairs and for progressive improvement and accomplishing of the work, being first deducted and reserved, among all the subscribers to the stock of the said Company; and shall, on the first Monday in April and October in every year, publish the half yearly dividends to be made of the clear profits among the stockholders, and of the time and place when and where the same will be paid, and shall cause the same to be paid accordingly. 1828. SEC. 20. Be it further enacted. That the said Pre- President and sident and Managers shall at least once in every year make report Managers to after the Company shall be organized, lay before the annually to General Assembly of the Commonwealth of Kentuc- the General ky, during their session, an abstract of their accounts, Assembly. shewing the amount of their capital expended in prosecution of their works, and of the income and profits arising from the said toll, for, and during the said respective periods, together with an abstract account of the costs and charges of keeping the said road in repair, and all other contingent costs and charges, and such other general information respecting the Company and their progress, as they may think 'necessary to the end, that the clear annual income and profits thereof may be ascertained and known. index hands SEC. 21. Be it further enacted, That the said Com- Posts to be es pany shall cause posts to be erected at the intersec- rected with tion of every road falling into and leading out of the said at the inter turnpike road, with boards, and an index hand point- section of ing to the direction of such road, on both sides where- roads. of shall be inscribed in legible characters, the name of the town or place, to which such road leads, and the distance thereof, in measured or computed miles; Mile stones to and shall also cause mile stones to be placed on the be placed on side of the said turnpike road, to designate the dis- the side of the tances to and from the principal places thereon; and road. also cause to be affixed on the gates to be erected, for the information of travellers and others using the said road, a printed list of the rates of toll, which from time to time may be lawfully demanded, and if at the end of three years after the said first section of the said road shall have been completed, it shall appear that the clear income and profits will not yield Tolls may be a dividend of six per centum per annum on the capi- so increased as to yield a tal stock so expended, from the time of investing the dividend of same, then it shall and may be lawful for the Presi- six per cent dent and Managers to increase the toll herein before per annum. allowed, so much on each and every allowance thereof, as will raise the dividend up to six per centum per annum, and if at any time it shall appear by the said abstract that the said income and profits will Dividend not yield a dividend exceeding twelve per cent per annum, then the said tolls shall be reduced, so as to re- annum. to exceed 12 per cent per duce the dividend down to twelve per cent num. per an SEC. 22. Be it further enacted, That if any person or persons, shall wilfully break, deface or pull down up or prostrate any mile stone or mile post, which shall be placed in pursuance of this act on the side of said road, or shall obliterate the letters or figures inscribed thereon, or shall wilfully break, pull down, deface, destroy or injure any direction post which shall be erected in pursuance of this act, at the intersection of any road as aforesaid, or the board or index hand affixed thereto, in conformity to the directions of this act, or shall obliterate the letters or fig. ures inscribed or marked thereon, or destroy, deface, or obliterate the letters, figures or other characters marked at any turnpike or gate which shall be erected in pursuance of this act, for all or any of the purposes therein mentioned, or the whole or any part of any printed list of the rates of tolls which shall be affixed in pursuance of the directions of this act at such gate or turnpike, he or they so offending in the premises, shall, and each of them shall, for every such offence, severally and respectively forfeit and pay to the said President, Managers and Company, the sum of twenty dollars, to be sued for and recovered, with costs of suit, before any justice of the peace, in manner aforesaid. SEC. 23. Be it further enacted, That all wagoners, carters, and drivers of carriages of all kinds, whether of burden or pleasure, using said road, shall, except when overtaking and passing by a carriage of slower draught, keep their carriages and horses on the right hand side of the said road, in the passing direction, leaving the other side of the said road free and clear for other carriages to pass and repass; and if any carter, wagoner, or driver, shall offend against this provision he shall forfeit and pay any sum not exceeding five dollars, to any person who shall, by reason thereof, be obstructed in his passage, and will sue for the same, before any justice of the peace, to be recover, ed, with costs of suit, in manner aforesaid. SEC. 24. Be it further enacted, That if any tollgatherer on the said road shall demand from any person or persons using the said road, any greater rate of toll than by this act is authorized and allowed, such toll gatherer shall forfeit and pay the sum of twenty dollars for every such offence, one half to |