Penalty for any toll-gatherer shall demand from any person demanding a ΟΙ persons using the said road, any greater rate greater rate of toll than al- of toll than by this act is authorised and allowed. such toll-gatherer shall forfeit and pay the suni lowed. of twenty dollars for every such offence, one half How applied. to be applied towards lessening the county levy of Jefferson county, the other half to the use of the person suing for the same, to be recovered before any justice of the peace, in manner aforesaid. on the road. § 15. Be it further enacted, That all waggonRegulations ers, carters and drivers of carriages of all kinds, as to passing whether of burthen or pleasure, using the said road, shall, except when overtaking or passing by a carriage of slower draught, keep their carriages and horses on the right hand side of the road in the passing direction, leaving the other side of the said road free and clear for other carriages to pass and re-pass; and if any carter," waggoner or driver shall offend against this pro-' vision, he shall forfeit and pay any sum not ex- · ceeding five dollars, to any person who shall by reason thereof be obstructed in his, her or their passage, and will sue for the same, before any justice of the peace, to be recovered with costs of suit in manner aforesaid. commenced within months. six 16. Be it further enacted, That no suit or Suits for pen- action shall be brought or prosecuted for any penalties to be alties incurred under this act, whether by or against the said company, unless such suit or action be commenced within six months next after the fact committed, unless the party of their own·· act prevent it being sooner brought; and the defendant or defendants in such suit or action may plead the general issue, and give this act and the special matter in evidence. Exception. 17. Be it further enacted, That if the said Privileges of company shall not within two years proceed to this act may carry on the work, or shall not within five years be forfeited, after being organised as aforesaid, complete the &c.) same, according to the true intent and meaning of this act, then, in either of these cases, it shall and may be lawful for the legislature of this state to resume all and singular the rights, liberties and franchises by this act granted to the said company. which the 18. Be it further enacted, That the ground Elevation of over which the said road passes shall be so dug ground over down and levelled that when completed the cle- road passes. vation thereof shall not exceed five degrees. § 19. Be it further enacted, That James Ber- Regulations thoud, Nicholas Berthoud, John A. Tarascon, for establish turn Lewis A. Tarascon, Joshua G. Barckley, Rich- ing a pike from ard A. Maupin and Henry M. Shreve are hereby Louisville to authorised to open books to receive subscriptions Shippingfor stock to pave or turnpike a road from Ship- port. pingport, to intersect the Portland avenue at some convenient point, passing on one of the streets laid down in a plan of lots lately sold by William Lytle for a town, to adjoin Shippingport, Louisville and Portland avenue; and that so soon as a sufficient quantity of stock shall have been taken, notice shall be given to the stocknolders that a meeting will be held at some convenient place appointed by said commissioners, for the purpose of electing a president and five directors for the purpose of carrying of the business of said corporation into effect; and that said president' and directors shall be governed by the same laws and tions of the The regula regulations in every way that the first named former incorcompany are by this act ; and so soon as the said poration ap road is paved or turnpiked, said company may this. plicable cause gates to be erected and appoint toll-gatherers, as described in the aforesaid act; and the toll shall be in every way proportioned as in the above recited act, both as to distance, carriages, waggons, horses, &c. as tolls are regulated on the Portland avenue. $20. Be it further enacted, That the same rules, regulations and restrictions that govern the Louisville and Portland company established by this act, shall in every way govern the president, directors and company at Shippingport. 2 B to authorised to discontinue roads. CHAP. CCLXVI. An ACT authorising County Courts to discontinue APPROVED February 3, 1818. § 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the county County courts courts in this commonwealth shall have power and authority to discontinue any established road within their county, if to them it shall be deemed proper to do so: Provided however, that no road shall be discontinued unless there are a majority of all the justices in said county present. § 2. Be it further enacted, That no public road Notice to be shall hereafter be discontinued unless notice of given before the intended motion be fixed up publicly on the a road can be door of the court-house one court day next preceding the court at which the motion is made; which notice shall describe distinctly the road intended to be discontinued ; and proof of such notice shall be made to such court before they proceed to act. scontinued. CHAP. CCLXVII. An ACT to prevent the wanton destruction of Fish. §1. BE it enacted by the General Assembly of Declared uñthe Commonwealth of Kentucky, That it shall be, fawful to wan- and it is hereby declared to be unlawful to kill, tonly destroy take, destroy, intoxicate or sicken, or to attempt fish. to kill, take, destroy, or sicken any fish great or small in any of the navigable waters in this commonwealth, or in any of their tributary streams, by throwing or placing therein, or causing or procuring to be thrown, put or placed therein any preparation, substance, powders, berries or medicine of a sickening, intoxicating or destroying quality; and especially any substance, mixture or preparation of Indicus Cocklicus, or of lime, or any such like preparation or substance which has the effect of sickening, intoxicating, maddening or killing the fish. and § 2. And be it further enacted, That all and Penalty for se every free white person or persons who shall doing, the mode of offend against this act, may, for every such recovering it. offence, be proceeded against by indictment or presentment; and upon conviction, may be fined, to the use of the commonwealth, in the sum of ten dollars; or the said sum may be recovered, to the use of and in the name of any person who will sue for the same, by warrant before any justice of the peace. negro, 3. And be it further enacted, That any free If a slave or negro or mulattoe, or any slave who shall offend free against this statute, shall, and may, upon convic- how punished tion thereof before any justice of the peace, be by such justice sentenced to be punished by any number of stripes not exceeding ten. CHAP. CCLXVIII. An ACT to authorise the election of Trustees in the town of Mountvernon, in Rockcastle County, and for other purposes. APPROVED February 3, 1818. 1. BE it enacted by the General Assembly of Trustees to the Commonwealth of Kentucky, That it shall be be elected. lawful for the white male inhabitants, of the age of twenty-one years and upwards, who reside within the bounds of the said town, the first Monday in March or April annually, to elect, on the said first Monday in March or April annually, five persons as trustees for the town for the year ensuing, who shall hold their office until their successors shall be elected and organized, § 2. The election shall be held at the court- Certificate of house in said town, by the sheriff of Rockcastle election to be county, by himself or his deputy, who shall, with- given. in ten days after said election, deliver to each individual who shall be chosen a trustee, a certificate of his election; and the said trustees so elected shall hold a meeting at the court-house in said town, on the second Saturday succeeding the election, and as often after as they may deem proper. And if for any cause the trustees so Trustees elected shall fail to hold a meeting on the day herein directed, they, or a majority of them, shall, to as soon after as convenient, hold a meeting at the appoint offi- said court-house, and shall appoint a president of their own body, and a clerk and other necessary officers. cers. § 3. The trustees so elected shall continue in Their contin- office for the term of one year from the time of uance in of their election and until their successors shall be fice. duly appointed, Vacancies in § 4. In case of a failure to act, or in case of a board filled. Vacancy by resignation, death, removal out of the town or otherwise, the president of the board shall direcct one of the board to hold an election to supply such vacancy, at a time by him appointed, on giving notice by advertising ten days preceding such election, at the court-house door of said town. 5. No person shall be eligible as trustee, nnless he resides in said town and is twenty-one years of age; and each trustee shall, before he enters upon the duties of his office, before some justice of the peace for Rockcastle county, take the following oath or affirmation, to wit: "That Oath of trus- I (A. B.) will, to the best of my abilities, execute the duties of a trustee for the town of Mountvernon;" a certificate of which oath shall be filed with the clerk of the board of trustees, and by him entered on the récord by him to be kept. tees. § 6. The said trustees shall have power, a majority of them being present and concurring, to remove their clerk or other officers, for good cause shown; and in case of the failure of the president to attend any meeting of said trustees, a majority of them being present, they may appoint a president pro tem. The clerk shall take an oath, before he enters on the duties of his of fice, that he will perform the duties of his said office to the best of his skill and abilities," and shall receive a salary for his services, not to exceed twenty dollars per year, to be allowed him by the said trustees. 7. The said trustees shall annually appoint a treasurer, who shall continue in office until a successor be appointed, unless removed for good |