to the 1837. assent to addition al State subscription before made. be competent for the court to make such order for a speedy SEC. 5. Be it further enacte!, That before the Board of Internal Improvements shall pay for the stock herein directed Corporation to be taken on behalf of this Commonwealth, it shall be the duty of the President and Directors aforesaid to enter upon their books an order giving their assent to the provisions of this act. And the said President and Directors, in their corporate name, shall, moreover, execute a written instrument, under the seal of their corporation, assigning and transferring to the Commonwealth of Kentucky five hundred and twenty six shares of stock, part of the seven hundred shares subscribed by the President and Directors for and on behalf of individual and corporation stockholders, by virtue of the act of the 2nd of February, 1833. And thereupon, it shall be the duty of the Board of Internal Improvements to subscribe for the one hundred and sixty four shares of additional stock, as herein before provided, and shall pay for the whole of the stock to be taken on the part of State, agreeably to the provisions of this act, out of any funds now under their control, or which may be hereafter placed under their control for internal improvement purposes. Recital. SEC. 6. And whereas, the debt now owing by the company, for completing said road, is bearing an interest of six per cent per annum; and whereas it is just that the Commonwealth should pay the interest on so much of said debt as will be equal to the amount due for stock to be taken by the State, under the provisions of this act, that is to say: on so much of the amount due on the stock, herein before authorized to be subscribed for and transferred to the State, as shall remain, after carrying to the credit of said stock that part of the moiety of the net tolls accruing up to the 8th day of December, 1836, which shall remain, after deducting the sum mentioned in the seventh section, and which is not pledged to the sinking fund. And the commissioners of the sinking fund are hereby directed to authorize the President and Directors of said road to retain such an amount of the net tolls, on the part of the State, which shall hereafter be declared in April and October, annually, as will be equal to the interest which shall have accrued on so much of the debt aforesaid, after the passage of this act, as will be equal to the balance due for stock herein authorized to be taken on the part of the State: Provided however, That the interest accruing on the balance of the debt, after the passage of this act, shall be paid out of the net tolls of individual and corporation stockholders. 1837. State to pay interest on certain stock. Certain disto be SEC. 7. And whereas, it appears that the President and Directors paid the sum of five hundred and sixty dollars and thirty one cents discount upon warrants drawn by the Auditor for stock heretofore subscribed by the State, in consequence of there being no money in the Treasury to pay said warrants: Be it therefore enacted, That the President and Directors shall also be authorized to retain this sum out of the State's proportion of count paid. tolls, accruing up to the 8th of December, 1836, and the balance only shall be carried to the credit of the stock, herein before authorized to be taken by the State: Provided, That no part of the tolls, pledged to the sinking fund, shall be retained for the purpose aforesaid: Provided, That if there shall be any loss or costs expended in recovering the sum of eighteen hundred and fifty four dollars and ninety cents due for stock subscribed by individuals, the said loss, costs, &c. shall be paid out of the tolls of individual and corporation stockholders, and no part thereof out of the tolls on the part of the State. Approved, February 21, 1837. CHAP. 367.--AN ACT to amend the charter of the Lancaster and Crab Orchard SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the further time of three years, from and after the first day of January, eighteen hundred and thirty eight, is given and allowed to the Lancaster and Crab Orchard Turnpike Road Company to subscribe the stock and commence the work contemplated by the act incorporating said company." SEC. 2. Be it further enacted, That the capital stock of said company is hereby increased to the sum of sixty thousand dollars; and so soon as the sum of fifteen thousand dollars is subscribed to the stock of said company, by individual companies, or corporations, and so soon as a subscription shall have been made, on the part of the State, in such proportion as the Board of Internal Improvement may think proper to subscribe, under the existing laws, it shall be lawful for the company to organize and commence the work, as provided in the original char ter. 1837. A board in corporated to make a road from Lawrence burg to Lock and Dam, No. 5, on Kentucky river. Powers. SEC. 3. Be it further enacted, That Jacob Elliston, Andrew M'Brayer, John Howard, Francis Sharp, Jeremiah Mizner, L. J. Witherspoon, and Elisha Beasly, be, and they are hereby constituted a Board of Internal Improvement, in and for the county of Anderson, for the purpose of making a turnpike road from the town of Lawrenceburg to the lock and dam No. 5, on the Kentucky river; and, in order that the said Board of Internal Improvement, hereby created and established, may be the better enabled to effect the said object, said board is hereby created a body politic and corporate, in deed and in law, and in the name and style of the Board of Internal Improvement for said county of Anderson; and, under said style and name, shall have perpetual succession, and all the privileges, immunities, and franchises of a body politic and corporate, and, as such, shall be capable of taking, purchasing, and holding, to them, their successors or assigns; and of selling, transferring, and conveying, in fee simple, all such lands, tenements, and estate, real, personal, and mixed, as shall be necessary to the prosecution of their work, and to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, before all courts of record and other judicial tribunals whatsoever; and to make, have, and use a common seal, and the same to break, alter, and renew at pleasure, and to do each and every act which a body corporate and politic may lawfully do. SEC. 4. Be it further enacted, That the said Board of Internal Books to be Improvement, hereby created, shall be, and is hereby author opened. ized to open books and receive subscriptions for stock, in said road, to the amount of ten thousand dollars, dividing the same into shares of fifty dollars each; and the said Board of Internal Improvement is hereby authorized to receive subscriptions for stock from all persons, and from all corporations, and especially from the county court of Anderson, on such terms and conditions as they may deem expedient. adopted to apply to this road SEC. 5. Be it further enacted, That all the provisions of an act, entitled, an act to provide for the improvement of the road Another act from Franklin county to the Crab Orchard, in Lincoln county, approved, February 22, 1834, with the exception of the first and second sections of said act, and the further exception, so far as said act may be local and inapplicable to the object and intent of this act, shall be, and the same are hereby enacted and adopted, as applicable to the said Board of Internal Improvement hereby created; and they shall be governed, in all respects, by the provisions contained in that portion of said act hereby adopted and enacted as a part of this, in carrying into effect the object and intent hereof. Approved, February 21, 1837. CHAP. 368.-AN ACT authorizing Samuel P. Weisiger, guardian of Kitturah WHEREAS, It is represented to the General Assembly of the Commonwealth of Kentucky, that Kitturah Hughes, the grandmother of said Kitturah H. Weisiger, in her lifetime, for valuable consideration, sold, by executory contract, a certain tract of land, lying in the county of Nicholas, in this Commonwealth, to William Holliday; and the said Kitturah Hughes departed this life without having conveyed the land aforesaid, to the said Holliday, the legal title thereof vesting, by descent, in Jane Weisiger, daughter of said Kitturah Hughes, and, by her death, in the aforesaid Kitturah II. Weisiger, daughter of said Jane Weisiger: And whereas, It is further represented, that the said Holliday stands ready and willing to pay the remaining part of the purchase money, due after the death of the aforesaid Jane Weisiger, upon the legal title being made to him, which the said Kitturah H. Weisiger cannot make, by reason of her infancy-For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Samuel P. Weisiger, as guardian and next friend to his infant daughter Kitturah H. Weisiger, to file a bill in chancery, in the Nicholas circuit court, against the said William Holliday, setting out the executory contract, and praying a specific execution of the same, and, upon the coming in of the answer of said Holliday, and the exhibits and proofs in the cause, if the chancellor shall be of opinion that it will be to the interest of the infant, Kitturah H. Weisiger, that the land should be conveyed, to make a decree appointing a commissioner to convey said tract of land to the said Holliday, under such limitations and restrictions as he may think will best secure the interest of said infant; which conveyance, when made, shall vest the title to said tract of land in the said William Holliday, in as full and ample a manner as if the same were made by a person of full age, any law to the contrary notwithstanding. Approved, February 21, 1837. : 1837. CHAP. 369. AN ACT supplemental to an act establishing the county of Trimble, and for other purposes. courts. county SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county courts, in the county of - Time of hol Trimble, shall commence on the fourth Monday in each month, ding in which there shall be no circuit court held for said county, may continue as many juridical days as shall be necessary. SEC. 2. That the February term of the Anderson circuit Number of court, for the present year, shall hold but six juridical days, days allowed instead of twelve as allowed by law. and Feb. term. Time fixed SEC. 3. That the first term of the Trimble circuit court shall commence on the Wednesday succeeding the fourth Monday for circuit e'ts. 1837. Two addi tional justices allowed. Part fourth judicial trict. When ginal act take effect. in February instant, and may hold four days, if necessary; and, after the first term, the said court shall commence on the fourth Monday in February, and third Mondays in July and October, and may continue six juridical days, if necessary. SEC. 4. That there shall be allowed to the county of Trimble two additional Justices of the Peace, from and after the first day of April next. SEC. 5. That Trimble county shall compose a part of the dis- fourth judicial district. ori to SEC. 6. That the act, entitled, an act establishing the county of Trimble, and for other purposes, shall go into operation on the Wednesday succeeding the fourth Monday in February, eighteen hundred and thirty seven, any thing in said act to the contrary notwithstanding. Approved, February 21, 1837. County treasurer to be appointed to give bond and its condition. CHAP. 370.--AN ACT to amend the second section of the act of 1835, appro priating the vacant lands of this Commonwealth, north and east of the Tennessee river, to the counties in which they lie, for internal improvement. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter it shall be the duty of the County court, in each county, to appoint a county Treasurer, and take from him bond, and good security, in such penalty as the court shall deem right, conditioned well and truly to account for and pay all money's which shall come to his hands, as Trearurer, to the order of the court, from time to time, as required; and they shall require him to renew his bond as often. as they deem proper, and may remove him, and appoint another, at any time. SEC. 2. That it shall be the duty of the courts aforesaid, by County court an order on their records, to affix the price of the vacant lands to fix price of in their respective counties; which price shall be the same for all the lands in the county, and shall not be below five cents an land. acre. SEC. 3. That any person or persons, wishing to purchase any Purchasers to of the vacant lands, shall apply to the county Treasurer, and pay to treasu- pay to him the price of so much land as he may desire to purrer, the price of chase, and take a receipt for the same, and carry the receipt land purchased and treasurer to the county court Clerk, who shall record the receipt, and to give receipt file the original, and issue a warrant for the quantity of land, --receipt to be .stating therein the amount paid therefor to the county Trearecorded. rurer, and shall also record the warrant; and, on the produc tion of the warrant to the Surveyor of the county, he shall ceed and survey the same, and do all and every act which he was required to do in case of treasury warrants, before the passage of the act to which this is an amendment, and, on the return of the plat and certificate of survey to the Register, he shall register the same, and a grant shall issue, in all respects, Surveyor to survey land & return survey to register. 'Register's du ry. pro |