1836 ternal im of repairs, and incidental expenses, and six per cent. per annum net profits on the stock. SEC. 7. That the board of internal improvement, Board of in- on the report of the engineer, shall determine provement to whether that part of the road, which is to be condirect how the structed by grading only, shall be first made; and road is to be whenever ten miles of said road shall be finished, in made. Toll gates. Road to be surveyed. the manner that it shall be determined said road shall be constructed, it shall be lawful for the president and managers to erect a toll gate, and appoint a toll gatherer, and to fix the rate of tolls which shall be collected at such gate: Provided, That the board of internal improvement may refix the tariff of tolls at each gate on said road, until otherwise directed by law. SEC. 8. That should the Crab Orchard and Cumberland Gap Turnpike Company not be organized, for the want of individual subscription, by the election of a president and managers for said road, by the first Monday in June, one thousand eight hundred and thirty-six, it shall be the duty of the board of internal improvement to cause a survey of said road to be made according to the provisions of the third section of this act; and it shall be lawful for said Bridges over board, if they believe said road is of public state imRockcastle & portance, to cause a plan of a bridge across Rock Cumberland rivers: castle and Cumberland rivers to be made, of a substantial and durable kind, and to let the building of such permanent bridges across Rockcastle and Cumberland rivers, as soon as practicable, to be finished within two years; and in contracting for the bridge over Rockcastle river, they may authorize the undertaker to use the abutments and materials procured by Jarvis Jackson for a bridge across said river, under the plan and contract hereby authorized, for a permanent bridge across said river; and the judgment against Jarvis Jackson and securities for failing to complete the bridge over Rockcastle according to law, shall be applied to the one hereby authorized, and the balance to be paid out of the funds devoted to internal improvement; and when said bridges shall be completed, it shall be lawful for the board of internal improvement to fix a rate of toll for passing the same, and appoint a toll gatherer to collect the same for the use of the commonwealth. That when the Crab Orchard and Cumberland Turnpike Company shall be organized, by the subscription of individual stock, and the election of officers, as contemplated by this act, to turn over, to said company, said bridges, and the cost thereof shall be considered as so much paid on the part of the state on her stock in said company, and be credited accordingly. Approved, February 29, 1836, 1836 CHAP. 331.-AN ACT to repeal, in part, an act amendatory of the several acts, relating to the town of Newport, in Campbell county, approved, February 24, 1834, and also amendatory thereof. SEC. 1. Be it enacted by the General Assembly of Lawe repealthe Commonwealth of Kentucky, That so much of ed." the charter of the town of Newport, as provides for the election of the mayor of said town, by the people, and so much also of said charter as provides that the mayor of said town shall be the chief executive officer of said town, and so much of said charter as provides that the mayor shall preside over the deliberations of the trustees of said town, be, and the same are hereby repealed. Mayor, his SEC. 2. That the mayor of said town shall hereafter be appointed and hold his office as prescribed powers and by the constitution of the state of Kentucky, for the dutics. appointment and tenure of office of other judicial officers in this commonwealth, and he shall have and exercise all the power, authority, and jurisdiction heretofore conferred, or attempted to be conferred upon said mayor, by the act incorporating said town, or any of the general laws now in force with regard to said office, and he shall receive for his services an annual salary of one hundred dollars, and the fees of his office as provided in said charter; which said salary shall be payable quarterly, out of the treasury of this commonwealth, and which shall not be increased or diminished during his continuance in office. He shall have power, in prosecutions before him, to cause to be summoned, when he shall deem necessary, a grand jury, to inquire into such offences as may be indictable, and the same proceedings shall be had, as provided for in like cases before the circuit court; and the verdicts, and judgments, in cases prosecuted by indictment, shall be of the same character, and with the same effect, as similar cases in the circuit courts, and the same right of 1836 Fines. To pay into the treasury a tax. Trial of vali. dity of city or dinances. tees. appeal from the verdicts and judgments before the mayor to the court of appeals, shall be secured, as is provided for, in like case, before the circuit court. He shall, at some public place, within said town, hold his court for the trial of causes within his jurisdiction, under the name and style of the Newport corporation court, which said court is hereby declared to be a court of record. SEC. 3. That all fines and forfeitures assessed before the said mayor shall be for the use of said town. SEC. 4. That in consideration of the fines assessed and to be paid to said town, the said town of Newport shall annually, in the month of January, pay into the public treasury, the sum of one hundred dollars, and in default thereof, that the said town shall be subject to motion by the auditor of public accounts, in the same manner as sheriffs and other collecting officers are now, by law, rendered liable. SEC. 5. That the validity of the town ordinances may be tried by a writ of prohibition from the judge of the Campbell circuit court, with the right of appeal to the court of appeals. SEC. 6. That all motions against the marshal of said town and his securities, for a failure to perform his duties, shall be made and determined before the mayor, subject, however, to the right of appeal to the circuit court of Campbell. SEC. 7. That it shall be the duty of the trustees of President of said town, once in every year, to elect from their board of trus- own body a president of the board of trustees, whose duty it shall be to preside over the deliberations of said board, preserve order, and convene the board whenever he may think proper; and the actings and doings of said board shall be known and distinguished by the name and style of the president and trustees of the town of Newport. money. SEC. 8. That it shall and may be lawful for the May borrow corporation of the town of Newport to borrow, for the use of said town, any sum of money, not exceeding twenty-thousand dollars, at a rate of interest not exceeding six per cent per annum, and to pledge the annual receipts for taxes in said town for the payment of the interest on such loan, and to appropriate the same for the purposes of grading and paving the streets and alleys of said town, and the ferry landings, with power to invest any part of said money s borrowed, until the same may be wanted, in stock in the State Bank of Kentucky, or Northern Bank of 1836 Kentucky, and to sell the same, when necessary, to improve the said town as aforesaid. SEC. 9. That it shall be the duty of said mayor, Mayor's onth before he proceeds to the discharge of his official of office. duty, to take an oath before some justice of the peace of Campbell county, to be faithful and true to the commonwealth of Kentucky, and to support the constitution of the United States and the state of Kentucky, and honestly and faithfully discharge the duties of his said office, to the best of his skill and ability, and also the duelling oath. A certificate of which said oath shall be transmitted to the clerk of the Campbell county court, and be there recorded. Approved, February 29, 1836, CHAP. 335.-AN ACT to incorporate a company to construct a road from Cloverport to Hardinsburg. Powers. SEC. 1. Be it enacted by the General Assembly of Board incorthe Commonwealth of Kentucky, That David R. porated. Murray, James W. Flanagan, Charles Sebastian, Viveon Daniel, Samuel M'Clarty, and Charles Hámilton be, and they are hereby appointed a board of internal improvement, in, and for the county of Breckenridge, for the purpose of making a turnpike road from Hardinsburg to Cloverport. In order that the said board of internal improvement, hereby created and established, may be the better enabled to effect the said object, the said board is hereby established a body politic and corporate, in deed and in law, and in the name and style of the board of internal improvement for the county of Breckenridge, and under that style and name, shall have perpetual succession, and all the privileges, immunities, and franchises of a body corporate and politic, and as such shall be capable of taking, holding, and purchasing, to them, their successors or assigns, and of selling, transferring and conveying, in fee simple, all such lands, tenements and estate, real, personal and mixed, as shall be necessary to the prosecution of their work; and to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, before all courts of record and other judicial tribunals whatsoever; and to make, have, and 1836 of stock. of use a common seal, and the same to break, alter, and renew at pleasure, and to do each and every act, which a body corporate and politic may, as such, lawfully do. SEC. 2. That the board of internal improvement Subscription is hereby authorized to open books, and receive subscriptions for stock in said road to the amount of twenty thousand dollars, dividing the same into shares of fifty dollars each; and the said board of internal improvements are hereby authorized to receive subscriptions of stock from all persons, and from all corporations, on such terms and conditions as they may deem expedient. SEC. 3. That the county court of Breckenridge is County court hereby empowered and authorized to levy an ad vaBrecken- lorem tax upon the real estate of said county subject ridge may take stock. to taxation, not exceeding twelve and one half cents upon one hundred dollars of value, whenever such county court shall be petitioned to do so by a majority of the qualified voters in said county, and the amount thus collected, shall be appropriated to subscriptions of stock to the road, and the dividends or profits arising from said stocks, shall, from time to time, whenever other dividends are declared and paid over to the county court, to be by them ap plied to the reduction of the county levy. By-laws. on the part of the state. SEC. 4. That the board of internal improvement hereby created, shall be, and are hereby authorized, from time to time, to make and ordain such by laws as they may deem expedient and necessary; and such by-laws so established, shall be obligatory upon the said board establishing the same, and all persons having necessary connection with said corporation: Provided however, That such by-laws do not conflict with the constitution and laws of the commonwealth. SEC. 5. That as soon as said board have obtained Subscription four hundred shares, to be subscribed by individual companies or corporations, they shall certify the fact to the board of internal improvement of this state, who are hereby authorized to subscribe, on the part of this commonwealth, stock in said company, on the same terms and conditions they are authorized to subscribe for stock in the incorporated turnpike road companies; and said board or any per son authorized by them, shall vote on the stock of |