1836 Manner road is to be made. Commision'rs to open books for stock. When 200 shares are subscribed books may be closed and meeting of necessary stone, gravel, sand and earth, for the construction and repair of the said road, and any and every other material necessary for the construction and repair of the said road, and to have and use a common seal, and the same to altar and renew at pleasure, to make and ordain all such by-laws, as may be necessary for the construction, promotion and repair of said road, and the management of its prudential concerns, not contrary to the constitution and laws of this commonwealth or of the United States. SEC. 2. That the width of said road shall not be less than fifty nor more than sixty feet, and the artificial or M'Adamised part shall not be less than fifteen feet wide, and the graded part not less than thirty feet wide, and that said road shall be graded to two degrees, and the streams bridged wherever it is ne cessary. SEC. 3. Be it further enacted, That John Stone, Green Duncan, Isaac Stone, Ludwell M'Kay, Enoch H. M'Kay, Alfred Berdin, George Wells, Dr. James Morrison and Adam Bell, be, and they are hereby appointed commissioners, to open books for the subscription of the stock aforesaid, at such times and places, as any two of said commissioners may deem it expedient, and whenever two hundred shares of said stock shall have been subscribed for, the said commissioners, or any two of them, may close the books and call a meeting of the stockholders, at such time and place as they may deem convenient and proper, stockholders having first advertised the same in the Bardstown called, time Herald, a reasonable length of time; and the stockand place to be advertised. holders meeting, in pursuance of said call, shall President and choose a president and eight managers, in whom shall be vested all the powers of the corporation, for the construction of said road, and the management and direction of its prudential concerns. That each share of stock to number of ten, shall entitle the owner to one vote for each share; and every two shares over ten, shall entitle the owner to one vote; and after the first election, an annual election shall be held on the first Monday in July, in each year thereafter; and the president and managers shall hold their offices for one year, but if from any accident, a stated annual election should not take place, the president and managers shall not be held to vacate their offices until their successors shall be chosen and qualified; and that no person shall be eligible as president or manastockholder to ger, without he is a stockholder, and shall vacate his 8 directors to be chosen. Each share to entitle holder to one vote up to ten and one vote for every two over ten. Time of annu al elections. None but a 1836 office on ceasing to be one. And that the president and managers for the time being, may supply by election, any vacancy which may occur in their own be President body, from any cause, and whenever any annual election shall fail to take place on the first Monday in July, managers in any year, the president and managers may direct may fill va an election on any other day they shall think fit. or managers. President and cancies. granted to Louisville T. C. and Bardstown and SEC. 4. Be it further enacted, That the president Powers, privi. and managers of the Bloomfield and Fairfield turn- leges, &c. pike company, shall be vested with all the power, authority, immunities, tolls, privileges and advantages, in all and every respect, that are now vested by law, in the Louisville turnpike company, and in the Bardstown and Louisville turnpike company, subject to the like limitations and restrictions, as if they were here introduced and repeated, except so far as they are modified in this act. Louisville T. act. after company Time when work to be commenced and complet is organized. SEC. 5. Be it further enacted, That the president Books may be and managers at any time after the organization of again opened the company, may again open the books for subscription, and sell the residue of stock, but not for less than par; and they shall have two years after the organization of the company to commence the work, and seven years to complete the same; and it shall be lawful for the county courts, of Nelson and Jeffer- County courts son, or either of them, to subscribe for, and hold of Jefferson stock in said company, and to raise the money to pay may take for the same by an advalorem tax upon the taxable stock. estate within their respective counties. Approved, January 22, 1836. ed. and Nelson CHAP. 40.—AN ACT to establish a State road from Hopkinsville by way of Eddyville, to Smithland in Livingston county. road. Be it enacted by the General Assembly of the Com- Commission's monwealth of Kentucky, That James Jones of Chris- appointed to tian county, James McGahan and James J. Morri- view & mark son, of Trigg county, Thomas Rogers, John Barnett and John Ross, sen., of Caldwell county, and William Jones of Livingston county, be, and they are hereby appointed commissioners to view and mark the best, nearest and most practicable route, for a state road, from Hopkinsville, in the county of Christian, to Route of the Smithland, in the county of Livingston, by the way road. of Eddyville, in Caldwell county; who, or a majority of them shall meet in the said town of Hopkinsville on 1836 When and where com'rs are to meet. the first Monday in April next, and proceed to view and mark the route for said road; and if they find a better road can be had than the present route, that they lay off and mark the same, and give notice thereof to those over whose land the proposed road may run, provided they reside thereon, or may Commission's be known to said reviewers; and if desired by may, if desir- such owner, that they estimate the damages, he, she ed, estimate or they will sustain by the establishment of the road, damages susand shall report their proceedings to the county courts of Christian, Trigg, Caldwell and Livingston; stating also, the number of days that each of them have been employed by the provisions of this act, in the discharge of the duties assigned them. tained by persons through road shall pass whose land and report proceedings. SEC. 2. Be it further enacted, That if any propriOn failure of etor of land, over which the road may be established, proprietor of may fail to require an assessment of damages by the land to require commissioners; and shall apply to the county court assessment by the com'rs of the county in which the land may lie, the said court may di- court shall make an order for the assessment of damrect a writ of ad quod damages by a jury, who shall be governed in all respects num to issue. by the general laws regulating proceedings, of the same kind under writs of ad quod damnum. ges, may lay SEC. 3. Be it further enacted, That if the several If the county county courts of the counties through which the courts agree proposed road is to run, shall agree to pay the damato pay dama- which may ges be assessed in their respective counoff road into ties, they shall proceed to lay off said road, into precincts and convenient sections or precincts, within their respective counties, and appoint overseers, and a sufficient number of hands to open and keep said road in repair, twenty feet in width. allot hands. SEC. 4. Be it further enacted, That said commisCommission's sioners, shall, before they proceed to the duties assignto take oath. ed them, by the provisions of this act, take an oath before some justice of the peace, to faithfully and impartially perform their duties under this act; and said commissioners shall each be entitled to the sum of one dollar and fifty cents per day, while engaged in the duties aforesaid, to be paid by the respective counties in which they reside. com Their pensation. Act of 1835 repealed. SEC. 5. Be it further enacted, That the act entitled, an act to establish a state road from Hopkinsville to Smithland, approved, 17th day of February, 1835, be, and the same is hereby repealed. Approved, January 22, 1836. CHAP. 41.-AN ACT to revive and amend the Goose Creek Turn pike road law. 1836 Whereas, it is represented to the present general Preamble. assembly, that the Goose creek turnpike has expired by limitation, and that owing to the sparseness of the population on parts of said road, it cannot be kept up without oppression upon the militia of said road: Therefore, Corporation of said road revived without limitation and comm'rs appointed. Clay In case of va cancy county court to appoint a successor. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the incorporation of said road is hereby revived without limitation; that Theophilus Garrard of Clay county, and John Mershon of Laurel county, be, and they are hereby appointed commissioners of the Goose creek turnpike road; and in case either or both of the above named commissioners should die, remove, or refuse to act, it shall be the duty of the Clay county court, to appoint a successor, who shall reside in the same county of his predecessor, a majority of all the justices of said county being present, whose duty it shall be to appoint overseers, give directions for missioners, working and improving said road, settle their accounts for money had and expended on said road, annually examine the books of the gate keepers, report and record the whole of their proceedings in the Clay county court, at least once a year. Duty of com Allowance Comm'rs to comm'rs. make oath to their account. SEC. 2. Be it further enacted, That the commissioners hereby appointed, shall be allowed one dollar to be made and fifty cents per day, for every day they may be necessarily employed, in the discharge of the several duties enjoined upon them by this act, and shall make oath before some justice of the peace, the number of days each of them have been engaged, before they shall be allowed. SEC. 3. Be it further enacted, That the overseers hereby authorised to be appointed, shall in every respect be under the government and control of the commissioners, and shall render their accounts upon oath, before some justice of the peace, before they shall be allowed by said commissioners, and shall be allowed any sum not exceeding one dollar per day, for their own services. D Approved, January 22, 1836, Overseers to be under control of com their missioners & accounts on lowed by commissioners. 1836 and not vested CHAP. 42.—AN ACT appropriating the fines and forfeitures in SEC. 1. Be it enacted by the. General Assembly of Fines imposed the Commonwealth of Kentucky, That all the fines in city of Lou- and forfeitures, which have, or may be imposed withisville appro- in the county of Jefferson, and not vested in the city priated to les- of Louisville by law, shall be, and the same are heresening county by appropriated to lessening the county levy of Jeflevy. to make re ferson county. SEC. 2. Be it further enacted, That it shall be the Officers before duty of all justices of the peace and other officers of whom fines said county, before whom any fine may be imposed are assessed, or forfeiture incurred as above, to return to the clerk turn to county of the county court of said county, within sixty days! court in sixty thereafter, a certificate of the amount thereof, todays. gether with the name of the officer, who shall have the collection of the same under the penalty of double the amount thereof. county city, to pay SEC. 3. Be it further enacted, That it shall be the Officers of duty of all officers of said county, (and not within not said city,) who may hereafter collect, or may have within the collected, and not paid over, any such fine or forfeiture fines to collect pay over the same to the collector of the county tor of county levy of said county, on or before the first day of the levy, before county court of said county, at the levy term thereof 1st levy term. in each and every year, to be accounted for by said collector as a part of said county levy. county court SEC. 4. Be it further enacted, That it shall be Duty of clerk the duty of the clerk of the county court of said county, to lay a full and complete list of all such certificates so returned to him, before the said county court at their levy term in each and every year. Penalty for failure on part account for & pay over fines. of officers to SEC. 5. Be it further enacted, That all officers of said county, failing or refusing to comply with any· requisition of this act, shall forfeit and pay to said county double the amount of loss that the county may sustain thereby, recoverable by motion in the county court of said county, as other moneys are now recoverable from the constables thereof, who may fail or refuse to pay over the same. Approved, January 22, 1836. |