1836 CHAP. 47.-AN ACT to change the place of voting in Sugartree Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, instead of holding the election at the precinct in Breckenridge county, at the house of John Bruner, on Sugartree run, as now prescribed by law, that they in future be held at the Ware-house of Zachariah Witt, on the upper side of the mouth of Sinking creek, in said county, under the same regulations that were enacted in establishing the said precinct, at the house of John Bruner.. Approved, January 22, 1836. CHAP. 48.-AN ACT to legalize the proceedings of the Logan county court, at their March term 1835, Whereas, it is represented to the general assembly that, by an act of the last session, the time of holding the county court of Logan county, for the month of March, was changed from the first to the third Monday of March, the former being the day on which the county court for said county was held by law: And whereas, before the promulgation of the aforesaid act of the last session, making the alteration in holding the same, the said county court of Logan had met and transacted business on the first Monday in March, and there was no law authorizing the said court to be held on that day: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the acts of said county court of Logan, done on the first Monday of March one thousand eight hundred and thirty-five, be, and the same are hereby legalized and confirmed, as fully, to all intents and purposes, as if that had been the day on which the said court should, by law, have been holden.. Approved, January 22, 1836.- CHAP. 49. AN ACT to establish election precincts in Hart and SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all that part of Hart county within the fo lowing boundary, beginning at the mouth of little Barren river; thence down Green river to Robert S. Thompson's spring opposite the widow Bowlings; thence to peach tree knob; thence to Doctor Taylor's and the county line; thence with the county line to the Green county line; thence to the beginning, shall constitute an elec tion precinct; and the qualified voters in said precinct shall meet at the house of Allan Robertson for the purpose of voting at all legal elections. 1836 Precinct in Hart county. In Nelson SEC. 2. Be it further enacted, That an election precinct shall be, and is hereby established in the county. county of Nelson, to be called the Chaplain precinct, at the house of Alexander Duncan, a place commonly called Chaplain's post office, or Kincheloe_neighbourhood. to appoint SEC. 3. Be it further enacted, That it shall be the County courts duty of the county courts of Hart and Nelson, to ap- judges and point judges, clerks, and other officers, to attend said clerks. election precincts hereby established, at the same time and same manner as judges and clerks are appointed to attend elections in the other places of voting in said counties, who shall receive the same compensation as other officers of elections are now allowed by law; and the sheriffs of said counties shall also attend said precincts by themselves or deputies, and superintend all elections, to be held at said places, and shall be governed by the laws now in force in comparing polls of their respective counties. Approved, January 22, 1836.. CHAP. 50-AN ACT providing for the service of process where the Sheriff and Coroner of the county, are parties to the same suit. Be it enacted by the General Assembly of the Com monwealth of Kentucky, That hereafter, whenever the sheriff and coroner of any county, shall be parties to the same suit, it shall be lawful for the clerk: to issue and direct the process to any constable of the county, named by the party requiring it; and it shall be the duty of such constable, to execute the same as though he were sheriff of such county. Approved, January 22, 1836, 1836 CHAP. 51.—AN ACT to amend the charter of the Springfield and Be it enacted by the General Assembly of the ComHow the road monwealth of Kentucky, That it shall be lawful for is to be con- the president and managers of the Springfield and structed. Bardstown turnpike road company and their successors, to construct said road by paving the stone part thereof eight inches in depth, with flat edges down and the sharp points up, and cover the same three inches in depth, with broken stone, the largest of which will pass through a ring two and one half inches in diameter, and spread the broken stone so as to make the centre four inches in depth and the edges two inches in depth; and in grading said road, they shall not be compelled to grade more than forty feet in width on any part of the road, and on hill sides the grade need not exceed twenty-five feet in width: Provided, That the road is graded to two degrees. That in consideration of the expensive bridges across the Beech fork and Cartright's creek, it shall be lawful for said president and managers to erect four toll gates on said road, between Springfield and Bardstown, and receive the full tolls allowed by the charter, as though the said road was full twenty May purchase miles in length; and it shall be lawful for said presi Company may erect addition al toll gates. land &c. dent and managers to purchase for the use and benefit of the stockholders of the company, aforesaid, and their assigns, not exceeding twenty acres of land at each toll gate, for the use of the gate keeper; and it shall be lawful for them to purchase in like manner all such stone quarries as shall be needed in the construction and repair of said road. That it shall be lawful for said president and managers to borrow on May borrow the credit of the company, any money's that may be needed in the construction of the road, either in anticipation of the calls on the stockholders, or to enable the company to complete the road or bridges. money. Approved January 22, 1836.. CHAP. 52.—AN ACT to incorporate the Mountsterling and Maysville Turnpike Road Company. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company 1836 Name and shall be formed under the name and style of the "Maysville and Mountsterling turnpike road companny," for the purpose of forming an artificial road from Maysville through Lewisburg, Flemingsburg, style of the Sherburn Mills, Sharpsburg to Mounsterling. company. missioners named. SEC. 2. Be it further enacted, That books for the When and subscription of stock in said company, shall be open- where books ed on the first Monday in February 1836, or so soon ed for subare to be openthereafter as the commissioners may direct, at Mays- scription of ville, Lewisburg, Flemingsburg, Martha Mills, Sher- stock & comburn Mills, Sharpsburgh and Mountsterling, and to continue open until the stock shall be subscribed, under the direction of Thomas Y. Payne, Francis T. Hord, Richard Collins, John M. Morton, William Mackey and Andrew M. January at Maysville; Isaac Lewis, Charles T. Marshall, and Abner Hord, at Lewisburg; Thomas Porter, Thomas Wallace, James. Crawford, L. W. Andrews and William Botts at Flemingsburg; John Andrews, Isaac Peachy, William Gill and William House at Sherburn Mills; Hiram T. Pearce, Thomas Newcomb, R. C. Fant, John Cochran at Martha Mills; William M. Suddeth, Joshua Barnes, Joseph Stephens, William Markham, and Moses Ryan at Sharpsburg; Samuel D. Everett, George Howard, Thomas Calk, Joshua Owings, Andrew Simpson, E. A. Hathaway, Thomas C. Barnes at Mountsterling, or some one or more of them, who are hereby appointed commissioners. The said commissioners shall procure a book or books, and the subscribers to the stock of said company, shall enter into the following obligation in said book or books, to-wit: "We whose names are hereunto subscribed, Form of subdo promise to pay to the president, directors and company of "the Maysville and Mountsterling turnpike road company," the sum of one hundred dollars, for each and every share of stock in said company, set opposite to our names, in such manner and proportion, and at such times as shall be required by the president and directors of said company, and agreeably to an act of the general assembly of Kentucky, incorporating said company: Witness our hands this-day. of 1836. The said commissioners or some of them Notice of the shall give notice in the newspapers printed at Mays- time and place of opening ville, Flemingsburg and Mountsterling, of the time books to be and place of opening the books for the subscription advertised & of stock in said company, and that the same will con- .how. scription. 1836 tinue open until the amount of the capital stock shall be subscribed. SEC. 3. Be it further enacted, That the capital Capital stock, stock of said company, shall be two hundred thousand dollars to be divided into shares of one hundred dollars each. ed. chosen. oath. SEC. 4. Be it further enacted, That so soon as the When capital amount of capital stock, shall be subscribed, the said stock is sub- commissioners shall at such time and place as they scribed meet- may appoint, call a meeting of the stockholders, and ing to be call- hold an election for a president and six directors who President and shall hold their office for one year, and until others directors to be shall be elected and qualified. The same president Shall take an and electors, shall, before they enter upon the duties of their appointment, take an oath before some justice of the peace, that they will faithfully discharge the duties of president and directors, (as the case may be) without favor or affection, according to the best of their judgment; that upon the qualification of the president and directors, they shall appoint a treasurer, and such other officers as they may deem necessary, who shall hold their office for one year and until others shall be appointed. The treasurer of said company, shall before he enters upon the duties of his office, give bond with one or more securities in the penalty of fifty thousand dollars, payable to the Maysville and Mountsterling turnpike road company, conditioned that he will faithfully discharge the duties of treasurer of said company, and that he will, when called on, pay the amount of money in his hands to the order of the president and directors, and that he will perform the duties required of him by the by-laws of said company. Treasurer to be appointed. Treasurer to give bond and its penalty & condition. powers. SEC. 5. Be it further enacted, That upon the elecCorporate tion and qualification of the president and directors as aforesaid, they shall be a body politic and corporate in fact and in law, by the name, style and title of "the Maysville and Mountsterling turnpike road company." And by the said name, the said company shall have perpetual succession and all the privileges . and franchises incident to a corporation, and shall be capable of taking and holding their said capital stock, and the increase and profit thereof, and of purchasing, taking and holding to them and their successors and assigns, and of selling, transferring and conveying in fee simple all such lands, tenements, hereditaments and estate real or personal, as shall be |