Lexington Turnpike Road Company; and by said name the said subscribers shall have perpetual succession, and all the privileges and franchises incident to a corporation, and shall be capable of taking and holding the said capital stock, and the increase and profits thereof, and of enlarging the same, from time to time, by new subscriptions, in such manner and form, as they shall think proper, if such enlargement shall be found necessary to fulfil the intent of this act; and of purchasing, taking and holding, to them and their successors and assigns, and also of selling, transfering and conveying, in fee simple, all such lands, tenements and hereditaments, and estate, real and personal, as shall be necessary to them in the prosecution of their works; of suing and being sued, impleading and being impleaded, answering and being answered, defending and being defended, in courts of record, or any other place whatsoever; and also, to make, have, and use a common seal, and the same to break, alter and renew, at pleasure; to make such by-laws and regulations, not inconsistent with the laws and constitution of this Commonwealth, or of the United States, as shall be necessary; and to do all and every matter and thing which a corporation, or body politic, may lawfully do. SEC. 6. That the whole width of said road shall be fifty feet, the graded part whereof shall be, at all places where the ground will admit of, at least thirty feet in width, and the artificial or M'Adamized part thereof, shall be covered with pounded stone on one side nine inches thick, and not less than twelve nor more than eighteen feet in width. 1837. Width of road Certain sec adopted. SEC. 7. That all the provisions, from the fifth to the twenty eighth section inclusive, of an act, entitled, an act to in- tions of Louiscorporate a Company to establish a Turnpike Road from the ville, &c. road city of Louisville, by the mouth of Salt river, Elizabethtown, Munfordsville and Bowlinggreen, to the State line, in the di rection of Nashville, approved, February 2, 1833, except so far as is already provided in this act, or may come in collision with the provisions of the same, and so far as the same are ap plicable to the object and intent hereof, be, and they are hereby adopted and enacted as part of this act; and all the rules for the government of said corporation from the fifth to the twenty eighth section of said recited act, not inconsitent herewith, are hereby adopted for the regulation and government of the Centreville and Lexington Turnpike Company, except that the elevation of said road, when graded, shall not exceed two and a half degrees, and that persons shall not be exempt from toll when passing and repassing on said road to worship, except on Sunday. State to sub SEC. 8. That when the sum of fifteen thousand dollars shall be subscribed in stock by individuals, the President of the scribe stock. Board of Internal Improvement is authorized to subscribe the sum of fifteen thousand dollars, in stock in said company, on behalf of the Commonwealth, and when the further sum of fifteen thousand dollars shall be in like manner subscribed by 1837. State may indivuals, the President of the Board of Internal Improvement is authorized to subscribe the further sum of fifteen thousand dollars, in stock in said company, on behalf of the Commonwealth; and whenever the President and Directors of said corporation shall certify to the President of the Board of Internal Improvement, that any amount per cent upon the stock has been paid by individual stockholders, the Auditor is hereby directed to draw upon the Treasurer, in favor of said President and Directors, for the like amount per cent, to be paid on behalf of the Commonwealth, from time to time, out of the funds provided by act of Assembly, passed February 28, 1835, entitled, an act to provide for the payment of subscriptions and appropriations to objects of Internal Improvement, until the whole amount of the subscription of the State shall be paid. SEC. 9. Be it further enacted, That the Commonwealth shall have the right to vote at all elections for President and DirecVote for offi- tors, and give the like number of votes as other stockholders, according to the amount of stock; the said right to be exercised in the same manner as is done in other turnpike corporations, in which the Commonwealth holds an interest. cera. Approved, February 23, 1837, CHAP. 420.-AN ACT to extend the limits of Bardstown. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, the limits of the town of Bardstown, in Nelson county, shall be, and the same are hereby extended in the following manner: beginning on the town fork of Stewart's creek, opposite the east end of Beall street; thence with Beall street, including said street, to the intersection of fifth street; thence south with said street, including the same, to the intersection of Duke street; thence east with Duke street, including the same, to the town fork of Stewart's creek, and up the same to the beginning; and all the laws now in force for the government and regulation of said town, and the jurisdiction of the Trustees of said town, shall be, and the same are hereby extended to and over the estate and persons hereby included; and the streets and alleys demarked in Walter Beall's plan of enlargement of the said town, now of record in the Clerk's office of the Nelson county court, so far as the same are hereby included in the limits of Bardstown, are established as a part of the plan of said town: Provided, That the Trustees of said town shall open no new street or alley through any lot or part of a lot within the before described boundaries, without the consent of the owner of the same first obtained. Approved, February 23, 1837, CHAP. 421.-AN ACT to establish the town of Steam Port in the county of 1837. Town estab SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the town of Steam Port, upon the bank of Green river, in the county of Henderson, shall be, and lished. the same is hereby established upon the plan formed and laid down by John Harmon, proprietor thereof, and the said plan is hereby ratified and confirmed, and that the said town shall hereafter be known and called Steam Port. SEC. 2. Be it further enacted, That John Harmon, Owen Thomas, John M'Elroy, James Thomas and Edwards, are hereby constituted and appointed Trustees for said town, who shall continue in office, from and after the passage of this act, until the first Monday in September next; and it shall be the duty of the Trustees aforesaid to have the plan of said town recorded in the Clerk's office of the county court of Henderson, as soon as practicable. Trustees. Trustees to SEC. 3. Be it further enacted, That it shall be lawful for the free white male inhabitants of said town, of the age of twenty one years and upwards, to meet on the first Monday in Sep. be chosen. tember next, and every year thereafter, at such place as may be designated by said Trustees, and choose by vote, viva voce, five fit persons for Trustees, to serve for one year thereafter, and until their successors are duly elected. SEC. 4. Be it further enacted, That said Trustees shall appoint a town Clerk, who shall continue in office until the election succeeding his appointment, and in like manner each new Board of Trustees shall appoint a Clerk to serve for the same term, whose duty it shall be to keep a record of the proceedings of said Trustees. SEC. 5. Be it further enacted, That the citizens of said town shall, at any time hereafter, fail to have an election on the day appointed in this act, that then and in that event, the Clerk, or any Trustee, may, by giving ten days' previous notice, have an election held for Trustees, which shall be as legal as though it had taken place on the day herein appointed. SEC. 6. Be it further enacted, That the Trustees of said town hereby appointed, and their successors in office, a majority of them concurring, shall have full power to pass such bylaws, for the government of said town and the citizens thereof, as to them shall seem expedient and right: Provided, however, They be not contrary to the laws and Constitution of this State. SEC. 7. Be it further enacted, That the said Trustees, a majority of them concurring therein, shall have power to levy and have collected annually, on the property in said town now subject to taxation by the revenue laws of this Commonwealth, and shall also have the power to levy and collect the tax annually of the tithes in said town: Provided, It shall not exceed fifty cents on each tithe, and twenty five cents on each hundred dollars' worth of property, to be appropriated and laid out by them for the improvement of said town; they shall also have Clerk. On failure to hold election may be done thereafter. May pass by laws. Levy tax. 1837. Assessor-his duties. power to appoint an Assessor annually, who shall be sworn to the faithful and impartial discharge of his duty. It shall be the duty of said Assessor to make out and furnish to the Trustees, at such time as they may appoint, a list of the taxable property of each individual in said town, with the value attached thereto, and also, a list of the lots and the value thereof which belongs to individuals who do not reside in said town. Collector Said Trustees shall also have power to appoint a Collector annually to collect the taxes assessed on the taxable property and tithes in said town, who shall give bond and approved security to said Trustees for the faithful performance of his duty; and the said Collector shall have power to make distress and sell in the same manner, as is now authorized by law in regard to Sheriffs in collecting the revenue and county levy in this Commonwealth, and the said Trustees shall allow to said Assessor and Collector an adequate compensation for their services. his duties. Vacancies to be filled. SEC. 8. Be it further enacted, That should the office of Trustee, Clerk, Assessor or Collector, become vacant by death, removal, resignation or otherwise, it shall be lawful for a majority of the Trustees then in office to fill such vacancy. Approved, February 23, 1837. act amended and how. CHAP. 422.-AN ACT to amend an act, entitled, an act to establish a Bridge at Falmouth. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the twelfth section of the Second sec- act, entitled, an act to establish a Bridge at Falmouth as retion of original quires three hundred and twenty shares of the stock thereof to be taken within three years from the first day of January, eighteen hundred and thirty five, be, and the same is hereby repealed; and the further time of three years, from the first day of January eighteen hundred and thirty seven, is given to take said stock, and the further time of five years, from that period, for the completion of said Bridge. nal Board inter stock upon conditions, SEC. 2. That it shall and may be lawful for the Board of Internal Improvement, and they are hereby authorized and reimprove- quired to subscribe, on the part of the State, for five thousand ment authori- dollars of the capital stock in said Bridge: Provided, A like zed to take sum shall have been subscribed by individuals or corporations, and to be paid in the same manner, and in such sums, as individuals or corporations are required to pay: And provided further, That upon examination made by a competent engineer, said Board should be of opinion that the construction of said Bridge should be of sufficient public utility to authorize such subscription. SEC. 3. That it shall and may be lawful for the CommisBooks to be sioners to open books for the subscription of stock, at such time opened. and place as they may see fit. Approved, February 23, 1837. CHAP. 423.-AN ACT to incorporate the town of Lancaster. 1837. Limits SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the limits of the town of Lancaster shall be extended one quarter of a mile from the tended. centre of the public square, and shall be laid out in a square, so that the court house shall be in the centre of the town, and all the territory and lots of ground included within said boundary shall constitute the town of Lancaster, and shall be under the jurisdiction of the President and Board of Trustees of said town. ex Trustees to SEC. 2. That it shall be lawful for all the free white male citizens of said town, on the first Monday in January next, and be elected,their on the same day in every year thereafter, to elect five Trustees powers. for said town, who shall be free holders of said town, and who shall continue in office for one year, and until their successors are chosen, and the Trustees, so chosen, shall have full control and jurisdiction over the territory aforesaid, for purposes of government, taxation, and other matters of municipal regulation; the Trustees, so chosen, shall elect one of their own body as President, and shall also appoint a Treasurer, Secretary and President, Marshal, may define their powers and duties, and pass all secretary,treassuch rules, ordinances, and by-laws, for the good government shal to be apof said town, as may not be inconsistent with the constitution pointed. and laws of this State, nor of the United States; and in case any vacancy shall occur in said Board of Trustees, by death, removal, or resignation, it shall be lawful for the remaining Trustees to fill such vacancy. SEC. 3. That said Board of Trustees shall have power to cause all the real property within the limits of said town to be assessed, and to impose a tax upon the same for the benefit of said town, not exceeding fifty cents on each hundred dollars' worth; they shall also have power and authority to tax stores, groceries, and slaves within said town, not exceeding twenty five cents on each hundred dollars' worth, and may also impose a poll tax of one dollar and fifty cents on each white male person, over twenty one years of age, resident in said town, on the first day of January: Provided, That in assessing and taxing stores and groceries, the amount of goods on hand, on the first day of January, shall only be liable for taxation. SEC. 4. That the President and Board of Trustees shall also have power and authority to remove nuisances within said town, and may, by their order, direct the same to be abated, or may impose a fine on the person erecting or causing the nuisance; and they may charge the person causing such nuisance, the expense of its removal or abatement; they shall have power and control over the streets, alleys, side walks, of said town; and may direct the improvement of the same, in such manner as they may deem proper, and most beneficial to the interest of said town; and where said Trustees shall order and direct any side walk to be paved or otherwise improved, they shall give the owner or owners of the property along, which urer and mar May levy tax. Proviso. May remove nuisances. May improve the streets. |