1833. To make bylaws. The trustees of the New Proviappointed and dence school ncorporated. the said school house now stands, and to hold the same to themselves and their successors in office, for the use, benefit and purpose of said school; and to make and ordain by-laws, for the government of the school, not inconsistent with the constitution and laws of the Commonwealth. Sec. 3. Be it further enacted, That Peter R. Dunn, Abraham McMordic, Jacob Sharpe, Garnett Brown and Lanty Holman, Esq., trustees of New Providence, and their successors in office, be, and they are hereby constituted and appointed a body corporate, to be known and designated by the name and style of the Trustees of New Providence School, in the county of Mercer, within the school district as laid off by the surveyor of said county; and by said name and style to have perpetual succession, according to such rules and regulations as may be made from time to time, providing for their election and the supplying of any vacancies which may happen, from death or otherwise; Corporate pow- and by their corporate name to sue and be sued, and to make such by-laws and regulations, for the government of said school, as may be necessary, not inconsistent with the laws and constitution of this state. ers. May purchase and hold eight acres of land. Sec. 4. Be it further enacted, That it shall and may be lawful for said trustees, and their successors in office, and they are hereby invested with full power and authority, in their corporate capacity, to purchase, or receive by donation, and hold the title of the lot of ground on which said school-house stands, and any additional number of acres adjoining thereto, and including the well of water adjacent, not exceeding eight acres in the whole; and the same to hold, as trustees aforesaid, and their successors in office, for the use and benefit of said school and meeting-house, thereto belonging, known by the name of "New Providence." Sec. 5. Be it further enacted, That the trustees of Clerks to be ap- the aforesaid schools shall each appoint a clerk, who pointed aud shall keep a regular record of all their proceedings; their quties prescribed. and they are hereby vested with full power to procure a suitable library, for the use of said schools respectively, and to hold the same, in their corporate capacity; and also to make such rules and regulations, for the preservation thereof, as may be necessary. [Approved February 1, 1833.] CHAP. 208.-AN ACT supplementary to an act, entitled, "an act to establish the Town of Taylorsville, and to legalize the proceedings of the Trustees of said town," approved, Jan. 22, 1833. 1833. Sec. 1. Be it enacted by the General Assembly of the The trustees Commonwealth of Kentucky, That the trustees of the may levy an town of Taylorsville shall have power to levy and annual tax. collect a tax on all the property taxable by the revenue laws of this state, within the said town, not exceeding twenty-five cents for every hundred dollars value of property, and they shall have a lien on all such property until the tax thereon be paid; and they shall apply the moneys arising therefrom to such purposes as they may deem most beneficial to the interest of said town. Sec. 2. Be it further enacted, That the trustees of May have footsaid town shall have power, and they are hereby au- pavement made thorised, to cause the owners of lots on Main street, Garrard street and Washington street to have footways paved, in front of their respective lots, on said streets, either with brick or stone, not exceeding nine feet wide, at the proper costs and charges of the owner or proprietors of lots fronting on the streets afore said. paved. Sec. 3. Be it further enacted, That whenever a ma- May cause the jority of the proprietors of lots upon any one of the streets to be streets in said town, or upon any one square, shall petition the trustees to have the street or square paved or turnpiked, that the said trustees shall have power and authority to cause said street or square, as the case may be, paved or turnpiked at the proper costs and charges of the owners of lots upon such street or square, as the case may be; and the said trustees may retain a lien upon any lot or lots, situate upon such street or square, as the case may be, for the payment of such portion of the expense of paving or turnpiking in front thereof, as may be necessary; and they Regulations in are hereby authorised to sell and convey such lot or relation thereto. lots in default of payment, by any proprietor thereof, in order to raise the money necessary to defray the expense of paving or turnpiking, as aforesaid; and any sale and conveyance of any lot or lots, for the purposes aforesaid, shall pass a fee simple estate in and to the same to the purchaser or purchasers thereof. made out and Sec. 4. Be it further enacted, That the trustees of A plat of the said town shall cause a plat thereof to be made by the town to be surveyor of Spencer county, and have the same re- recorded. corded in the Spencer county court. 1833. The general Sec. 5. Be it further enacted, That in all other things pertaining to said town of Taylorsville, not expressly provided for in this act, the said town shall be governed by the general laws of this Commonwealth to Taylorsville. vesting the county courts with full power and authority to establish towns. laws relating to Sec. 6. Be it further enacted, That the trustees of said town of Taylorsville shall have full power and authority to close or stop up the alley lying between. lots numbers 110, 111 and 124, 125, in said town, and to sell and dispose of the ground upon which the said alley is located, and to convey the same to the purchaser thereof; and said conveyance, when made, shall pass a fee simple estate in said alley, between the lots aforesaid, to the purchaser thereof, his heirs or assigns. This act shall be in force from and after, the passage thereof. [Approved February 1, 1833.] Fine for failing to work on the public roads in Greenup. Mode of col CHAP. 209.-AN ACT to amend an act, entitled, "An act to amend Sec. 1. Be it enacted by the General Assembly of the Sec. 2. Be it further enacted, That all overseers of roads in said county are hereby authorised, from time lecting the fines to time, on or before the first Monday in October, anand the duty of the road overnually, to put into the hands of some constable of said seers. county, for collection, a list of such delinquents as have failed to work on their respective roads when properly notified, specifying the amount or balance due from each agreeably to the requisitions of the first section of this act, and take his receipt therefor, which receipt or receipts shall be returned by said overseers to the clerk of the county court, for the use of the road commissioner for said county, on or before the first Monday in November, annually: and the balance of said delinquent list, if any, shall be made out in like manner and returned as heretofore on the first Monday in December annually. Sec. 3. Be it further enacted, That each of said 1833. overseers shall continue in office until his successor be appointed, and during the pleasure of said com- Mode of appointing road missioners, unless he shall wish to resign at the end of overseers and the second year, in which case he shall endorse said their duty. wish on his road order, and return the same to the clerk of the county court on the first Monday in December; and all overseers shall, annually, on the said first Monday in December, return to said clerk a list of the names of all the hands who have moved into their respective precincts, arrived at age, or otherwise become liable to a road tax, and were not upon their original lists. the Road comm'rs to list the fines with the Sec. 4. Be it further enacted, That it shall be duty of the several constables of said county to receive said delinquent lists, whenever presented as constables or aforesaid, and forthwith collect the same: and he may sheriffs for coldistrain therefor, in the same manner and to the same lection, &c. extent that the sheriff may now distrain for the county levy; and such constable shall report on oath to the next court of claims the amount he has been able to collect, and shall immediately pay over the same to the said commissioners, retaining seven per centum for collection, and shall also return on oath a true list of those delinquents, with the amount due from each, out of whom collections could not be enforced after using due diligence, and said commissioners may relist the same, from time time, at their discretion, with the sheriff or any constable, and may make out delinquents' lists against such persons as may have removed into another county, and take the receipt of the sheriff of that county for the same, whose duty in like manner as he is now bound by law to collect and account for other public dues. Road overseers may hire hands reads in repair. to keep the Sec. 5. Be it further enacted, That it shall be the duty of each of said overseers to keep his road in good repair; and if any more work be necessary than can be obtained from the hands assigned thereto, he may hire, or otherwise cause such labor or services to be performed on said road, as the public good may require, and keep a true account thereof: which ac- The cost therecount, when duly sworn to and presented to said com- of, how paid. missioners, shall be allowed and paid by them: Provi ded, such account do not exceed half the amount of the delinquent lists returned by such overseer. Sec. 6. Be it further enacted, That it shall be the. duty of said commissioners, whenever they have more 1833. Surplus funds to be distributed among the sev eral overseersin proportion to their collections Penalty on comin'is, over seers, sheriffs, &c. for neglect of duty. Exemptions from militia du ty. remitted and grievances redressed by the road comm'rs. funds in their hands than may be necessary for the special objects of the law to which this is an amendment, to distribute the same among the several overseers in proportion to the amount collected in their several precincts, and said overseers shall cause the same to be expended on the roads to the best advantage for the public good. Sec. 7. Be it further enacted, That in case of any failure in the performance of the duties hereby enjoined, the said several commissioners, overseers, sheriffs, and constables, shall be subject to the same fines, penalties and responsibilities, as are now provided by law in similar cases: and all said commissioners shall, for the time being, be exempt from military duty in time of peace. Sec. 8. Be it further enacted, That if any person Fines may be shall feel himself aggrieved by the return of any overseer, and shall make affidavit thereof, and of the cause of his grievances, before some justice of the peace, and file the same with any one of the road commissioners, such commissioner shall give an order from under his hand to the officer having the fine complained of, for collection, directing him to suspend the collection thereof, until the further order of the commissioners; and such commissioner shall submit the said affidavit to one or both of the other commissioners, and if they shall be of opinion that the fine ought not to be collected, they will give no further order for its collection: but if the commissioners shall consider that said fine, or any part thereof, ought to be collected, they shall notify the officer accordingly, and he shall proceed with the collection thereof. This act shall take effect and be in force from and after the first day of March next. Commencing clause, [Approved February 1, 1833.] Election pre cinct establish CHAP. 210.-AN ACT to establish an election precinct in Bourbon county. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all that part of the county of Bourbon, called and known by the name of the Flat Rock settlement, shall constitute an election Place of voting. precinct, to be called the Flat Rock precinct; the elections therein to be held at the house of James Rennolds, or such other place in the town of Flat ed. |