of our Lord one thousand eight hundred and thirtyseven, and shall complete the main road from the termination at Louisville to Nashville, within seven years from and after the passage of this act. 1836 To be kept SEC. 49. When the roads shall be completed from the termination in Louisville to Nashville, it shall in repair. be the duty of the company to keep all parts thereof in a state for regular transportation on the whole length thereof; and in case the said rail roads should be out of repair, or so injured in any part as to interrupt the transportation thereon, it shall be the duty of the company, with due expedition, to repair the same, and in case the company should neglect or unreasonably delay so to do, it shall be lawful for any judge of the court of last resort, having general chancery powers in the state where such repair is Penalty for required, at chambers, after due notice to the com- such failure. pany, to make an order that no charge shall be made for transportation of goods, wares, merchandize, or produce, on any part of the said roads within twenty-five miles of such interruption, which order shall not release the company from their obligation to transport on all the parts of the road which may be in repair: Provided, That no such order shall be made, when it shall appear to the judge that the company has used due diligence to make the said repairs, or that the part injured is incapable of being restored, or that another line of road, or another mode of conveyance may be, beneficially to the public, substituted in place of the part injured or out of repair; which order of the judge shall be, and continue in force only until the expiration of ten days after the next meeting of the court of last resort, of which the said judge shall be a member, unless the same shall be confirmed by the said court; and any judge of the said court at chambers, may repeal such original or confirmed order, on evidence that the injury is repaired, or the substitute provided, and transportation is resumed on that part of the road embraced in the said order. SEC. 50. Be it further enacted, That the right is reserved to the state of Kentucky to take one half of the capital stock of said company, unless the state of Tennessee should desire to become a stockholder, then there is only the right reserved, to subscribe one half of whatever sum may be necessary to construct said road from Louisville to the state Reserved stock, how to be taken by the states. 1836 stock. line, in the direction to Nashville; and whenever private individuals, bodies corporate or politic, towns or cities, have expended five hundred thousand dollars, then the state shall have the right to subscribe the like amount, and so in the same proportion until the road is completed. SEC. 51. Be it further enacted, That the city of Louis- Louisville, in her corporate capacity, shall have the ville may take right to subscribe any sum in stock in said company, and for the purpose of raising funds, is hereby auMayor and thorized to issue the city scrip of the mayor and council may councilmen, in such manner, and for such time, and issue scrip. on such terms, as may be agreed upon by said city council and mayor. take stock. SEC. 52. Be it further enacted, That in like manCounties ner, the several counties, through which said road thro' which it shall pass, may in like manner, by their county courts, passes may become stockholders in said company. The said city and county courts, may appoint their agent or Their stock, agents to vote, in the same manner, and upon all subjects upon which individuals may be authorized and called to act upon. how voted. to be law un til Tennessee act it. SEC. 53. Be it further enacted, That this act shall This act not become a law, whenever the state of Tennessee may enact the same for the same purpose, with such modshall also en- ifications and amendments, as they may deem right, not inconsistent with the provisions hereof. Provided, however, If the said state of Tennessee should not enact or co-operate in this charter, during the pres ent year, when the same shall be enacted, the time shall be allowed thereafter as is now allowed to do and perform certain things required by the provisions of this act. Approved, February 29, 1836. Free white made inhabit ants may elect trustees.. CHAP. 372.-AN ACT to regulate the town of Falmouth in Pendleton county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the free white male inhabitants of the said town, who shall have attained the age of twenty-one years, are housekeepers and residents within the same, for twelve months, next previous to the election, together with all those who may be the fee simple owners of ground in said town, are hereby authorized and. re- quired to meet at the court house in said county, on the first Saturday in July next, and on the same day in each succeeding year, and elect six trustees for said town, which trustees, or a majority of them, shall form a board, and shall be authorized to make any ordinance, or by-laws, and enforce the same, by the sanction of suitable penalties and fines, for the regulation, improvement and government of said town, that they may deem necessary and expedient, and not inconsistent with the laws or the constitution of this commonwealth. If elections may ed thereafter. be elect SEC. 2. Be it further enacted, That to constitute an election of the trustees of said town, three fourths do not take of those entitled to vote, resident within said town, place at the shall have voted, and that should the election of the regular period trustees not take place annually, on the day fixed by the aforesaid section of this act, the board of trustees shall not, for that cause, be dissolved, but those appointed, as hereinafter specified, to superintend and preside as judges, over the taking in of the votes, shall designate the next (Sunday excepted) succeding day for the completion of the election, and thus continue the same from day to day, for at least three successive days, and if within the aforesaid three days the requisite number of votes are not cast, the incumbents shall remain in office until their successors are elected, as aforesaid; and the said trustees may adopt such by-laws, regulating the election of the trustees, as are not incompatible with this act, or the laws, or the constitution of this state. tend the eles SEC. 3. Be it further enacted, That the trustees Trustees now in office, and their successors, shall annually may appoint appoint two qualified persons to superintend and judges to at preside, as judges, over the annual or other elections tions. of the trustees, who, before opening the polls, shall be sworn to act fairly and impartially in the discharge of their duty, and who shall determine all controversies and matters relating to said election of trustees, as well as the legality of voters; and in case of disagreement, the town marshal, who shall be present and keep order, shall decide, and the clerk of the board shall be the clerk of the election, and keep the poll book, which being duly certified by the judges of the election, shall be filed with the papers of the trustees, and after being so filed and certified, the clerk shall notify each person of his election; and the trustees, at the first meeting after pensation. Their com 1836 officers. their election, shall allow the judges, marshal and clerk, a reasonable compensation for their services. SEC. 4. Be it further enacted, That the trustees Trustees now in office, and their successors in office, are heremay appoint by required and empowered, on the first Saturday in May next, and in the same day in each succeeding year, to appoint one of their body the president of the board; also, in case of vacancy, a clerk of the board, a town marshal, a treasurer, a commissioner of town tax, a prosecuting attorney, a supervisor of the streets and roads, and such other officers as may, by them be deemed necessary to carry the laws into effect, and for the well regulation and government of said town, or the preservation of the public health of the same. SEC. 5. Be it further enacted, That the president and his successor in office, of the board of trustees, The president allowed of the town of Falmouth, shall have concurrent juthe power of risdiction in all cases, within the bounds of said town, a justice of over the police regulations and municipal concerns the peace. thereof, with justices of the peace, for Pendleton county; and he shall have power to issue process in the name of the commonwealth, for the use of the trustees, directed to the marshal, or any constable of said county, who shall regard and obey such process, as if issued by a justice of the peace; and shall, when Further du- executed, return the same to the said president, who is hereby authorized and empowered to try all causes arising within the bounds of said town, under the police and municipal regulations thereof, hear testimony under oath, and render judgment and issue his capias profine, or original mesne, or final process, in like manner as justices of the peace are, in similar cases, authorized to do, but shall charge no fees therefor: And provided however, That nothing herein contained shall authorize the said president to issue process or sit in judgment in cases of riots, routs, or breaches of the peace. ties allowed him. SEC. 6. Be it further enacted, That it shall be the Duties of duty of the clerk of the board of trustees to attend the clerk of all the meetings of the board, and keep a true and the board of perfect record of their official actings and doings in trustees. a separate book, to be furnished him by the board, and faithfully to file and preserve all books, papers and records confided to his care and keeping, and in all other things to discharge the requirements of his office to the best of his skill and knowledge, and 1836 shall twice (on the first day of May and first day of November) in each year, publish and post up, in at least two public places in said town, a true, faithful, and perfect report, (which shall, upon demand, under the penalty of a fine of fifty dollars, by the treasurer of the board, be furnished him) of all the moneys received and expended, on what account received and for what purpose expended; he shall, moreover, by advertisement, in like manner, give at least ten days public notice of the annual or other election for trustees; and in like manner publish and post up, true copies of all ordinances or by-laws passed by the board, and the amount of taxes ordered by them to be levied upon the person or property of the citizens when payable, and by whom collectable, and at all times permit any citizens taxed, to examine, in his presence, the actings and doings of the board, as of file upon the records thereof, and furnish at any time, to such citizens, upon application therefor, certified copies of his records or any papers in his keeping, as clerk: Provided however, That the aforesaid report of money received and disbursed, shall first be laid before the board of the The clerk trustees, for their correction and examination at to lay before their semi-annual meetings, regularly to be held on buard a report the said first days of May and November, in each bursed. year, at which stated meetings the board shall, while in session, cause a strict settlement, with the treasurer to be made, examine his cash accounts, strike the balances, and inspect and count the cash on hand, and do all other things, proper and necessary to preserve a strict accountability, correctness, and punctuality in all their financial concerns. of monies dis Marshal to SEC. 7. Be it further enacted, That the town marshal shall execute bond, with security, approved by execute bond, the trustees, in full board, by at least two thirds of and his duties. them, containing the conditions of constable's bonds, so far as applicable, and which bond may be sued upon in the same manner as constable's bonds, by any person sustaining damage or wrong, by a breach of its conditions. That the town marshal be, and is hereby empowered to act in all things relative to the town laws, and in civil causes between citizen and citizen of said town, as constables are now authorized to act by law; he shall have the same power to serve notices, warrants, executions, or any other process whatsoever, issued either by the president of |