1836 act entitled, "an act establishing and regulating election precincts in Clarke county, and to enlarge and regulate the Hardwick creek precinct in Estill county, tablishing pre. and for other purposes, approved, February 22d cinct repeal1834, shall be, and the same is hereby repealed." ed. 11th section of SEC. 2. Be it further enacted, That the farms of Boundary of William Tuttle, Nelson Bush, Edward Stuart, Reu- precinct esben Gray, William Irvine, Samuel Sewel and John tablished by Hulse, shall belong to the election precinct establish- the act aped by the eleventh section of the act entitled, an act, proved 27th to establish election precincts in the counties of Grant, February 1835 Bourbon,, Madison, Clarke and Montgomery, apchanged. proved, February 27, 1835, notwithstanding any thing contained in the twelfth section of said act. Approved, January 22, 1836.. CHAP. 34.-AN ACT further regulating the duties of the Trustees of the town of Augusta. $500. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees levy a tax on May annually of the town of Augusta in Bracken county, may improved lots annually levy a tax upon the improved lots, lying not exceeding within the bounds of said town, not exceeding five hundred dollars in each and every year, subject to be levied and collected according to the provisions of the act now in force, respecting the levying and collecting of taxes in said town, approved, January 11, 1833. on giving no SEC. 2. Be it further enacted, That the trustees of May open or said town, whenever they shall deem it necessary, extend streets to open or extend any alley or street, through any and alleys uplot or lots in said town, one months notice being giv- tice to owners en by public advertisement, and also special notice or tenants of to the owner or tenants in possession of said lot or lots through lots, of the intended application, may apply to the which they county court of said county, who are hereby author- may pass. ized, upon such motion being made, if they deem it Writ of ad advisable or proper, to order writs of ad quod dam- quod damnum num to issue, unless the owners of such lot or lots, may issue upon application shall release the same, or so much as may be neces- of owner of sary for said alley or street, to said trustees, which lot or lots in writs shall be directed to the sheriff of said county, and the same proceedings had thereon as are now opening roads. had in opening and establishing roads, and on same manner as in cases of 1836 Trustees to pay damages. County court may order street or alley to be opened according to inquest of the jury. the return of the inquisition, upon the trustees paying the amount of the damages assessed and costs of the inquest, to him or them, to whom the same may be adjudged, the said court may order said alley or street, to be opened or extended according to the report of the inquest or jury, who shall describe the length and breadth of said alley or street so to be opened or extended: Provided, That no street or alley shall be opened or extended through any in-lot in said town: And provided, That an appeal shall and may be granted to the circuit court of the county, to the party or parties aggrieved, subject to the same rules of proceeding as are now had from orders of appeal to cir- the county court establishing roads; and that all acts inconsistent herewith, be repealed. No street or alley to be opened through inlots. Parties may cuit court as in cases of roads. Approved, January 22, 1836. CHAP. 35.-AN ACT for the benefit of Henrietta White. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the auditor of public accounts, shall forthwith draw his warrant on the public treasury, for the amount due the late Judge White, as a part of his salary, in favor of Henrietta White, his widow, or her order, and the treasurer is hereby directed to pay the same out of any monies in the treasury, not otherwise appropriated. Approved, January 22, 1836. ren may re CHAP. 36.-AN ACT for the benefit of the jailor of Warren county, and for other purposes. SEC. 1. Be it enacted by the General Assembly of Jailor of War- the Commonwealth of Kentucky, That the jailor of Warren county, shall be permitted, and it shall be where in War- lawful for him to reside any where within the limits ren county. of Warren county: side any of Warren shall not re SEC. 2. Be it further enacted, That the county County court court of Warren, shall not remove from office, the jailor of Warren, for a failure to live within the distance of two hundred yards, or any other distance as required by an act of the general assembly of the commonwealth of Kentucky, approved, February move him for not residing in 200 yards of jail. 12th 1835. SEC. 3. The first section of this act shall apply to 1836 the jailor of Edmundson county. mundson. SEC. 4. Be it further enacted, That the jailors of Jailor of Edthe counties of Floyd and Pike, shall be permitted, Jailors Floyd and it shall be lawful, for them to reside any where and Pike. within the limits of their respective county towns. Approved, January 22, 1836. CHAP. 37.-AN ACT for the benefit of William A. Coleman and Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract existing between William A. Coleman and Mary his wife, be, and the same is hereby dissolved; and that each of them be restored to all the rights and privileges of unmarried persons; and that the said Mary Coleman be allowed to assume her former name, Mary Madison. Approved, January 22, 1836. CHAP. 38.-AN ACT prescribing the mode of choosing electors to vote for President and Vice President. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the qualified voters of this commonwealth, shall meet at their respective court houses, and other places appointed by law for holding elections, in their respective precincts within each county, on the first Monday in November next, and vote for as many electors for president and vice president of the United States, as by the constitution and laws of the United States, they may at that time be entitled to vote for; at which election the same rules and regulations shall be observed by the several sheriffs, clerks, judges and voters as is now provided by law in electing members of the general assembly. SEC. 2. Be it further enacted, That the several sheriffs holding election precincts, shall meet on the fifth day inclusive after the commencement of the election, and there make a faithful addition of the number of votes taken in their counties; and the sheriffs in each county shall on the fifteenth day in Voters to meet court houses at respective and places of voting on 1st Nov. next, to Monday in choose electors for presipresident. dent and vice Time when sheriffs to ties. meet in coun Time when sheriffs to meet at 1836 Frankfort to compare polls. Duties and penalties on sheriffs. To certify who is elected and deliver certificates to Secretary of State. pare clusive after the commencement of the election, meet at the town of Frankfort, and then and there comthe polls of their respective counties, in the same manner, and under the same rules and regulations; and in cases of failure subject to the same penalty as is prescribed by law in electing members to congress; and having made the said comparison and addition of the voters of all the counties in the state, they shall certify under their hands and seals the names of so many persons voted for as electors as the state may be entitled to elect, and who shall have received the greatest number of votes, of all those voted for as electors; and shall thereupon immediately deliver such certificate to the secretary of state, under the penalty of two thousand dollars, to be collected, by motion or indictment, in any court having cognizance of the same, ten days notice having been given of such motion, one half to the use of the commonwealth, if prosecuted by way of indictment, and the secretary on the receipt of such certificate, shall cause the names of the persons so elected to be published in the paper of the public be published. printer for the time being. Penalty for failure and how recoverable. Secretary to cause names of electors to Penalty for failure of sheriffs to attend recovered. SEC. 3. Be it further enacted, That if any sheriff shall fail to attend at Frankfort, to compare the polls of his county as directed by this act, the other sherand how to be iffs who shall have attended, shall wait at least two entire days before they make out their certificate, and each and every sheriff who shall make default, until the certificate is actually made out, shall be subject to a fine of not less than five hundred dollars, nor more than one thousand dollars, to be recovered in the same manner as is prescribed in the second section of this act. Time when electors shall for President and Vice-Pre meet and vote sident, and make return thereof. SEC. 4. Be it further enacted, That the electors. so elected, shall meet in the town of Frankfort, on the first Wednesday in December, one thousand eight hundred and thirty-six, and vote for president and vice president of the United States, and make return thereof agreeably to the laws of the United States, in that case made and provided; and the sheriffs for attending and comparing the polls under this act, shall be entitled to the same allowance, and paid in the same Compensation manner as for attending and comparing the polls for members of congress; and each elector shall be allowed three dollars for every twenty-five miles he shall travel, and three dollars per day while attending to sheriffs and electors and how to be paid. in Frankfort as an elector, for which the auditor is 1836 directed to issue his warrant on the treasury. electors of SEC. 5. Be it further enacted, That the sheriffs of Sheriffs to the respective counties in which the electors reside, give notice to shall give such elector notice in writing of his being their election elected, within eight days after comparing the polls; in 8 days and on failure, shall be subject to a fine of one hun- thereafter; dred dollars, to be recovered as other fines herein failure. prescribed. penalty for SEC. 6. Be it further enacted, That if from sick- On failure of ness, death or other cause, any or more of the elect- an elector to ors fail to attend on the day appointed, the place of place to be attend, his such elector, shall be filled by the legislature, by joint filled by Leballot of both houses; and such elector or electors, gislature. shall have the same authority to vote for president and vice president as the electors originally chosen, would have had, if they had attended. Approved, January 22, 1836. CHAP. 39.-AN ACT to incorporate the Bloomfield and Fairfield Turnpike Road Company... $50,000 in pany. SEC. 1. Be it enacted by the General Assembly of Capital stock the Commonwealth of Kentucky, That a company shares of $100. shall be, and the same is hereby established and incorporated, with a capital of fifty thousand dollars to be divided into five hundred shares of one hundred dollars each, for the purpose of constructing a M’Adamised turnpike road, from Bloomfield in Nelson county, to Fairfield in said county; and from thence to intersect the turnpike road, from Bardstown to Louisville, at or near the east fork of Coxes' creek, under the name and style of the Bloomfield and Fair- Style of comfield turnpike company; and as such shall be a body politic, and by that name and style, shall be competent to contract, and be contracted with, sue, and be Corporate sued, plead and be impleaded, answer and be an- powers. swered, defend and be defended, in all courts and pleas of this commonwealth, with power to acquire, hold, possess, use and occupy all such real and personal estate, as may be necessary and convenient for the site or route of said road, for piers and abutments for all such bridges as may be requisite on said road, and lots for toll houses, and the residence of the gate keepers not exceeding - also the |