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from time to time to open books or receive subscriptions for stock until the whole amount is subscribed, if it shall be necessary to complete said bridge.

1836

SEC. 8. The board shall appoint a clerk and cause Record of proa record of their proceedings to be kept; and they ceedings to be may appoint a treasurer and such other officers and kept. agents as they may think needful, and allow them such compensation as will be proper; to make contracts and to do all things necessary for carrying

the same into immediate effect; and to require, and To make contake such bond or other security in their corporate tracts, &c. capacity, from any person they may so appoint or contract with, and in the event of the death, resignation, or vacancy of a director or president, to supply the vacancy.

SEC. 9. The board shall have the right to purchase May purchase and receive the conveyance of a site for said bridge, ground for abutments, &c. abutments and piers, and if they shall deem it advisable, one acre of land at each end of the bridge, over and above what is authorized to purchase by the first section.

SEC. 10. The company, in the erection of their bridge and piers shall build the same so as to permit steam vessels, navigating the river, to pass the same, and no pier or pillar shall be built in the middle of the channel; and there shall be left unobstructed by any pier or pillar, a distance of at least eighty feet over the channel of the river, at its usual stage of water when the same is navigable.

Pillars, how

to be placed.

SEC. 11. When said bridge is erected and com- Rate of tolls. pleted so the same may be safely crossed, the board shall have the right to demand and receive the following tolls, viz: for a footman, six and a fourth cents; for every horse, man, colt, mule, &c. six and a fourth cents; for every burthen carriage, thirtyseven and a half cents; for every four wheel wagon, fifty cents; for every four wheel riding carriage, fifty cents; for every two wheel pleasure carriage, thirty-seven and a half cents; for every head of neat cattle, three cents: for every head of hogs, goats or sheep, two cents; for every sleigh, sled, &c. twentyfive cents; for any other property in like proportion. Toll gates may be kept at either end of the bridge, and the rates of the toll shall be posted up at To be publishsome conspicuous place where the toll is demanded.

P*

ed.

1836

SEC. 12. If any person shall wilfully do any act or thing whatever, whereby the said bridge or any Penalty for thing thereto belonging shall be injured or dam injuring the bridge. aged, the said person or persons so offending, shall forfeit and pay three times the amount of the damage sustained, with costs of suit, recoverable before any court of competent jurisdiction.

For passing without pay ing toll.

SEC. 13. If any person shall pass, or attempt to pass said bridge without paying the toll, (if there be any person present to receive it) he shall forfeit and pay three times the amount of the toll, recoverable before any justice of the peace.

SEC. 14. If any person or persons shall wilfully set Made arson to fire to said bridge, or burn the same or any part fire the bridge. there reof, such person or persons so offending, his, her, or their aiders or abetters, shall be held and deemed guilty of arson, and punished accordingly. SEC. 15. Certificates of stock may be given and Certificates of transferred in such manner and form as the board stock to issue. may direct.

Grounds may

ed.

SEC. 16. If the owners of

any land necessary for be condemn the abutments, the site or any road leading thereto, so as to connect the bridge with the streets, or roads on either side of the river, shall object to sell said land, at such price as the board may think reasonable, it shall be lawful for them to apply to the Franklin county court for a writ of ad quod damnum, to issue, directed to the sheriff of Franklin, requiring him to summon a jury of free holders of the county, who shall be disinterested, and with the power to supply, by summons, other persons to act as jurors, if necessary, qualified as aforesaid. The ju

rors to be sworn by the sheriff, well and truly, according to the evidence, to ascertain the value of In what way the land applied for by the company, whereof the

Trustees of towns & coun

sheriff shall take the inquest and return it to the next county court, who shall, (if no legal exception is taken to it) record the same, and on the payment of the amount assessed, within one year from the return thereof, the title to the land applied for, shall be vested in the company, and on the payment being made, shall direct a conveyance; and if the same is not made to appoint a commissioner to make the same, which, when made and approved by_the_court, shall pass the title accordingly.

SEO. 17. The trustees of the towns of Frankfort iy may take and South Frankfort, and the Franklin county court, may subscribe for any number of shares in said

stock.

company they may think proper, and vote according to the scale fixed by this act.

1836

State may

SEC. 18. The state, at any time after fifteen years, may be at liberty to purchase the said bridge from purchase it af the company, by paying the original cost and six per cent interest thereon.

Approved, February 29, 1836.

ter 15 years.

CHAP. 358.-AN ACT to alter the tax on wholesale and retail stores and groceries.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That each and every person or persons owning, holding or possessing a wholesale retail store or stores, or groceries, shall hereafter list the same for taxation, with the several commissioners, appointed by the several county courts of this commonwealth, to take in lists of taxable property, and shall add thereto the whole amount of the value of the goods, wares, merchandize, and groceries on hand on the tenth day of January, in each and every year hereafter, and make oath to the same, to the best of his recollection, knowledge, and belief, and pay on said value the same ad valorem per cent that shall be paid on other property; and that "an act to amend the law imposing tax on merchandize, approved, February first, one thousand eight hundred and thirty-three, be, and the same is hereby repealed.

Approved, February 29, 1836.

CHAP. 359.-AN ACT for the benefit of Abner Pepper.

Whereas, Sarah Pepper, by an act approved, February twenty-eight, eighteen hundred and thirty-five, obtained the dissolution of the marriage contract between herself and Abner Pepper, and was stored to her former name of Sarah Merrill: Therefore,

re

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Abner Pepper shall be, and he is hereby released from said marriage contract on his part also, and restored to all the rights and privileges of an unmarried man. Approved, February 29, 1836.

1836

CHAP. 360.-AN ACT for the benefit of Hannah Hunter.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract now existing between Hannah Hunter and James Madison Hunter, be, and the same is hereby dissolved, and that the said Hannah Hunter be restored to all the rights and privileges of an unmarried woman.

Approved, February 29, 1836.

CHAP. 361.-AN ACT for the benefit of Benjamin Craig.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Benjamin Craig of Grant county, be, and he is hereby divorced from his wife Elizabeth, late Elizabeth Green, and released from all pains, penalties, or liabilities incurred by said Craig, in consequence of his marriage to Henrietta Montgomery, and the said marriage is hereby declared legal.

Approved, February 29, 1836.

CHAP. 362.-AN ACT to reduce the number of Justices of the
Peace and Constables in Adair county.

Whereas, it is represented to the general assembly of the commonwealth of Kentucky, that twelve justices of the peace, and eight constables are suffcient to discharge the various and relative duties of said officers, in Adair county: Therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall not be lawful for the county court of Adair county, to recommend or nominate any person for the office of justice of the peace, until the number of justices of the peace in said county, shall be reduced below the number of twelve, which shall be the whole number of justices of the peace to which said county shall be entitled, after said reduction has taken place.

SEC. 2. Be it further enacted, That it shall not be lawful for said county court of Adair county, to appoint any person for the office of constable, until the number of constables in suid county, shall be

reduced below the number of eight, which shall be the whole number of constables to which said. county shall be entitled, after said reduction has taken place.

Approved, February 29, 1836.

1836

CHAP. 363.-AN ACT to establish the town of Hustonville, in
Lincoln county, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of Established the Commonwealth of Kentucky, That the town and the name. which was heretofore laid off in the county of Lincoln, shall be, and the same is hereby established, upon the plan formed and laid down; and the plan is hereby ratified and confirmed, and said town shall hereafter be known by the name of Hustonville.

to be

SEC. 2. Be it further enacted, That Richard N. Trustees and Coffey, Joseph Cooper, Joseph M. Nicholas, John how Allen, and James Lineberry, are hereby constituted elected. and appointed trustees for said town, who shall continue in office for one year from and after the first day of May next, and until their successors are duly elected and qualified.

SEC. 3. Be it further enacted, That the boundaries Boundary. of said town shall be as follows, to-wit: Beginning at a stake on the bank of the Hanging fork, twenty-five poles east of Joseph Cooper's east line, running north sixty-five poles to a stake in William Dixon's field; thence west to the north fork of the Hanging fork; thence up said fork twenty poles; thence, in a direct line, to the South fork; thence down said fork to its junction with the above mentioned North fork; thence with the meanders of the same to the beginning; and the said trustees shall have authority and jurisdiction within said bounds; and the said trustees shall have power and authority to appoint all town officers, pass all by-laws, and to do any and every powers of the act for the regulation and good government of said trustees. town, which the trustees of towns are authorized to

do under the general laws of this commonwealth in

relation to towns.

Duties and

SEC. 4. Be it further enacted, That the trustees of Trustees of the town of Elkton, in Todd county, may annually Elkton may lay a tax on the property and inhabitants of said levy a tax and town, not exceeding two hundred dollars; and that apply same.

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