as grants were required to be issued before the passage of said act. SEC. 4. That it shall be lawful for the county courts to make orders on their Clerk, to issue warrants for vacant lands, in their counties, in payment of any money due by the county, for work done on any of the public roads, or in compliance with any contract for the improvement of said roads. Approved, February 21, 1837. 1837. County courts to make orders for work done on roads, &c. CHAP. 371.--AN ACT for the benefit of Isaac Crouch, Hamden C. Hallock, and SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be Appropriadirected to issue his warrant on the treasury, for the sum of tion to Crouch. twenty six dollars and twenty five cents, in favor of Isaac Crouch, a Constable of Bath county, it being the amount of the claim of said Crouch and the guard summoned by him to guard George Lansdown, who was apprehended under a charge of murder, and the Treasurer is hereby directed to pay the same out of any money in the treasury not otherwise appropriated. Appropria SEC. 2. Be it further enacted, That the Auditor of Public Accounts issue to Henry Gore a warrant for fifty dollars and tion to Gore. twenty nine cents, to be paid out of any moneys in the treasury not otherwise appropriated, the said warrant being due to Alexander M'Cown, Jailer of Nelson county, for receiving and releasing Dotson Warner, on a charge of felony, found by the Green circuit court, and for keeping and dieting him from 8th September, 1834, till 19th September, 1835, the said Henry Gore being the proprietor of said claim by assignment from said M'Cown. SEC. 3. Be it further enacted, That the Auditor of Public Accounts issue to Hamden C. Hallock, Constable of Jessamine county, a warrant for twenty dollars and ninety five cents, to be paid out of any money in the treasury not otherwise appropriated, the said amount being due to said Hallock for apprehending William Morris, on a charge of forgery, and conveying him from the county of Jessamine to the county of Garrard for trial. Approved, February 21, 1837. Appropria tion to Hallosk CHAP. 372.--AN ACT regulating the number of Justices of the Peace in Morgan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That one additional Justice of the Peace be, and is hereby allowed to the county of Morgan. Approved, February 21, 1837. 1837. CHAP. 373.-AN ACT to incorporate the Russellville and Clarkesville Turnpike SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company shall be, and is hereby Company inincorporated, to construct a road from Russellville, in Logan, corporated----name and style through Allensville, in the county of Todd, to the Tennessee corporate pow-line in the direction of Clarksville, in Tennessee, by the name and style of the Russellville and Clarkesville Turnpike Road Company, and by that name may sue and be sued, plead and be impleaded, and contract and be contracted with, and have and use a common seal, and alter, and amend, or renew the same at pleasure. ers. SEC. 2. That the capital stock of said company shall be Capitalstock. eighty thousand dollars, to be divided into shares of fifty dollars each. ers to books and re tions. SEC. 3. That H. R. Whitaker, W. J. Morton, John Grubbs Commission and Samuel Owens, in the county of Logan, and Thomas Cross, open E. Watkins and John C. Harlan, in the county of Todd, are ceive subscrip- hereby appointed Commissioners, whose duty it shall be to open books for the subscription of stock, at such places as they shall deem expedient; and the said Commissioners shall have power and authority to appoint one or more agents to open books and receive subscriptions of stock. In case the said persons shall refuse to act, from any cause whatever, the county courts of Logan and Todd shall, from time to time, fill up any vacancy, or appoint some person in the place of such one or more of the Commissioners who shall or may fail to act. The said Commissioners shall give notice of the time and place when and where books are to be opened for the subscription of stock in said Company. When 300 $ng of stock lected. SEC. 4. That so soon as three hundred shares shall have been subscribed in said capital stock by individuals, and companies, shares are sub- the Commissioners shall give ten days notice in some newspascribed, meet- per, printed in Russellville or Clarkesville of the fact, and apholders to be point a time and place for a meeting of the stockholders in called & presi- Russellville, who shall, by vote, elect a President and five mandent, &c. e- agers to conduct the business of said corporation, by the style aforesaid; the President and managers, and all other officers President &c. of said company, shall severally take an oath, before some to take an oath. Justice of the Peace, faithfully to discharge the duties of their respective offices; they shall, so soon as may be, proceed to locate said road from Russellville to Graysville, in the direction of Clarkesville, in Tennessee, and may be authorized to receive the written consent of all and any landholder through which, or near which, the said road may pass, and the grant of the right of way, lumber, stone and soil, to make said road and to keep the same in repair, which consent, when so given, shall be valid to every intent and purpose. Road to be located, and how. Width SEC. 5. That said road shall be opened at least forty feet of wide, and shall be graded to an elevation not exceeding road,grade,&c. degrees, at least fifteen feet wide at the bottom of said road, where the ground will permit the said width and grade. the same, 1837. Toll gates to SEC. 6. That when the said road shall be so opened and graded, for any distance thereof equal to five miles, it shall be lawful for said company to erect a gate or gates upon and to collect, for the travel on said road, one half of the rates be erected, and of toll authorized to be collected by the charter of the Louis- tolls collected, ville and Bardstown Turnpike Road Company, and at the same rates of, fixed. rates for any greater distance of said road, as soon as the same shall be opened and graded, as aforesaid; and whenever the said road shall be paved with stone, or M'Adamized with stone or hard gravel at least twelve feet wide, then the same company shall have a right to charge the same toll that said company is entitled to for so much of said road as may be comple ted. SEC. 7. That the general provisions of said charter of the Louisville and Bardstown Turnpike Road Company, and the several acts relating thereto, and amendatory thereof, shall apply to the company hereby incorporated, and are made parts of this charter, except so much thereof as may be inconsistent with the provisions of this act. Provisions of charter of Louisville & Bardsto apply to this. town turnpike Time allow SEC. 8. That said company shall be allowed six years after the whole amount of stock shall be taken and subscribed to ed for making complete the said road; and if the same shall not be completed road. within that time, then this charter shall be void, and forfeited for so much of said road only as may not be completed, and no more. Approved, February 21, 1837. CHAP. 374.--AN ACT to amend an act, entitled, an act to incorporate a company to Turnpike a road from Greensburg, by way of Columbia, Jamestown and Monticello, to the Tennessee State line, in a direction to Knoxville. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James Ewing, James Page, John Smith, Sen'r. and George Elliott, of Adair county, be, and they are hereby appointed Commissioners, and James M. S. M'Corkle, William Porter, Joshua Brumall and George Wagley, of Green county, who shall possess the same power and authority that the Commissioners possess, heretofore appointed, to open books for the subscription of stock for the purpose of constructing a Turnpike road from Greensburg, by way of Columbia, Jamestown and Monticello, to the State line, in the direction to Knoxville. SEC. 2. Be it further enacted, That the county courts of Adair and Green, shall possess the same power and authority that is given to Russell and Wayne, in said act, to fill up the vacancies that may in anywise occur in the list of their said Commissioners for their respective counties. Approved, February 21, 1837. 1837. CHAP. 375.--AN ACT to amend the law concerning Ferries. WHEREAS, It is reprsented to the General Assembly of the Commonwealth of Kentucky, that the present mode of constructing ferry boats in this Commonwealth is insecure and perilous to passengers-Wherefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the owners and keepers of Ferries across the several rivers in this Commonwealth, shall be required to keep good and sufficient boats, with strong and substantial railing on the sides of the same at least two feet high, and extending so far as to make the boat safe. SEC. 2. Be it further enacted, That any owner or keeper of a Ferry or Ferries in this Commonwealth, who shall fail or refuse to comply with the foregoing requisitions of this act, within three months after the passage of this act, he, she or they, so offending, shall forfeit and pay the sum of twenty dollars for each thirty days they shall so fail, recoverable by warrant in the name of the Commonwealth before a Justice of the Peace, or on a presentment by a grand jury. Approved, February 21, 1837, CHAP. 376.--AN ACT to amend the charter of the Covington Fire Insurance Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Commissioners named in the act incorporating the Covington Fire Insurance Company, to receive subscriptions and hold the first election for Directors of said Company, may, and are hereby authorized to open books for the subscription to the capital stock of said Company, any time within twelve months from the passage hereof, and may direct an election to be held at any time, for Directors, after two hundred shares shall have been subscribed, upon giving ten days notice of the same; and the said Company shall be, and are hereby authorized to commence the transaction of the business of said corporation with two hundred shares having been subscribed, the first instalment paid, and the residue secured to be paid, as provided in the charter of said Company. Approved, February 21, 1837, CHAP. 377.--AN ACT in relation to the Bardstown Fire Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of the Bardstown Fire Compa ny are hereby exempted from working on the public highways, as well as mustering and serving on juries, as long as they remain members of said Company. Approved, February 21, 1837. CHAP. 378.-AN ACT concerning the laying and collecting the county levy, in the county of Mason. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the Justices of the Peace for the county of Mason, or a majority of them, shall be, and they are hereby authorized and empowered at their courts, respectively, to be held in the months of May or June, annually, (or as soon after as may be,) to proceed to make up in their minutes, as heretofore prescribed by law, all claims against the county, and lay a levy, or assess on each tithable in their county, a sum to be paid by each tithable for his county rate. SEC. 2. That hereafter the Sheriff of Mason county shall proceed to collect the same agreeably to the present law, and account for the same to the county creditors and court, as is now provided for by law, on or before first day of December in each year. Approved, February 21, 1837. 1837. CHAP. 379.-AN ACT requiring mortgages and deeds of trust on equitable titles to be recorded, and a register of all deeds of mortgages and trust. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of July, eighteen hundred and thirty seven, it shall be as necessary to record deeds of mortage or trust on equitable titles on real or personal property, as though the grantor had the legal estate; and all bona fide deeds of mortgage and trust, shall secure the parties according to the terms thereof, in the order of their execution. Approved, February 22, 1837. CHAP. 380.-AN ACT to authorize the Bank of the United States to assign judg ments and decrees. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the President, Directors and Company of the Bank of the United States, by their attorney, to assign to any person or persons any judgment or decree they may hold in any court in this Commonwealth; and when they shall cause said assignment to be entered of record in the court where such judgment or decree may have been rendered, the judgment or decree shall become completely vested in such assignee, and execution, or other proceedings to enforce such judgment or decree, may be had in the name of such assignee: Provided however, That the defendants shall have any defence, legal and equitable, against said assignee that they had against said President, Directors and Company of the Bank of the United States: And provi t |