1836 cense shops and doggeries. to extend to him the privilege of retailing spiritu ous liquors, by the small, the board shall have the power to require for such license, a sum not exceeding one half the amount which is paid to the commonwealth; And provided further, That the said board of trustees shall not have the power or Shall not li- privilege of licensing any coffee house, grocery or grog grogery, or other concerns or establishment, where spirituous liquors, are alone or principally to be sold in retail or by the small, for the purpose of profit thereby; that said board of trustees shall have the power and authority to suspend the license of any person, who may, within said town, keep a disorderly house, and declare the same void and the money paid, forfeited; and may direct their prosecuting attorney, to proceed by indictment or presentment in the Pendleton circuit court, against any person or persons for keeping a tipling house within said town, or for the violation within the said town of any of the laws regulating taverns or the sale of spirituous liquors, or the violation of any of the laws forbiding gambling or gaming. Penalty for failing to ex cute the ordinances of the town. SEC. 22. Be it further enacted, That all monies c collected by said trustees or any officer, and payable to them, shall be applied to the use and benefit of said town, and to the improvement and adornment of the same, after paying the necessary expenses; and that all justices of the peace, constables or other officers, who may refuse to carry the provis ions of this act or any of the said town ordinances or by-laws, not contrary to the constitution, or the laws of the state, into effect, shall be subject to a presentment by the grand juries for Pendleton county, and liable to such fine, not exceeding five pounds, as the judge of the Pendleton circuit court, may, in his discretion inflict, together with costs. SEC. 23. Be it further enacted, That so much of an act, entitled "an act to 'regulate the town of Falmouth, and for the benefit of the Harrison and Nicholas Academies, approved, February fifth eighteen hundred and seventeen, as relates to the said town of Falmouth, be, and the same is hereby repealed; and that all acts and parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed. Approved, February 29, 1836. 1836 CHAP. 373.-AN ACT defining the powers and duties of the Power to employ engi neers, and sal May be in SEC. 2. That the Board shall have power, for the present year, to employ an Engineer, whose salary shall not exceed the sum of one thousand eight hundred dollars, and any number of assistants not exceeding six, whose compensation shall not exceed at the rate of one thousand four hundred dollars per annum, each: Provided, That said Board may increase the compensation to the principal and assistant Engineers, in all not exceeding fourteen hun- creased. dred dollars, if they shall find it absolutely necessary, in order to procure the services of competent and efficient Engineers, and should they increase their compensation under this provision, they shall not employ more than five assistants; and from and after the end of the present year, there shall be appointed by the Governor, by and with the consent of the Senate, for three years, one State Engineer, who shall be paid an annual salary of three thousand dollars, who shall keep his office at the seat of government, and who shall execute the orders of the Board, and have a general superintendence of the Engineer service, upon works in which the State is, or may be interested, and report to the Board from time to time, the result of his labors and examinations. He shall, with the approbation of the Board, appoint his own assistants, not exceeding four, whose compensation shall not exceed at the rate of fourteen hundred dollars each, per annum. Where prin cipal engineer office. So much of former law as makes gover- repealed. SEC. 3. That so much of the first section of the act, entitled, an act for the Internal Improvement of the State of Kentucky, as provides that the Governor, for the time being, shall be ex-officio, a member of the Board of Internal Improvements, shall be, and the same is hereby repealed. And that hereafter the said Board shall consist of a President and three consist of presmembers, to be appointed by the Governor annually, ident & three by and with the advice and consent of the Senate: members. and it shall be the duty of the governor, in selecting Board to 1836 pointed, &c. &c. the aforesaid board, to appoint one from each of the great sections of the state, three of whom shall conHow ap- cur in all the objects selected for improvement, as well as subscribing on the part of the state to said work, or any other investment of the said internal improvement fund. Said president shall receive for his services the sum of one thousand dollars annually, payable quarterly out of the public Treasury.— The other members of said board, shall be compensated with a per diem of three dollars for each day they shall be respectively engaged in the duties of their office: Provided, It shall be the duty of the president of the board, from time to time, to visit the public works, and to collect useful and necessary information concerning the progress thereof, and the propri ety of commencing others, to be laid before the board and the 'legislature, when required, and to conduct the correspondence of the board. SEC. 4. The said board shall, in the absence of legBoard shall islative provision on the subject, from time to time, fix rates of fix the rates of tolls to be collected at the locks which toll, and pre may be constructed to improve the navigation of any scribe rules, of the rivers in the state, and shall prescribe such rules and regulations relative to their collection, and impose such penalties of money for the breach thereof, as, from time to time, they shall judge reasonable, to be recovered by action of debt in any court having jurisdiction thereof: Provided, No penalty for a single offence shall exceed the sum of fifty dollars. SEC. 5. The said board shall cause a sufficient numRules and ber of copies of all such rules and regulations, includregulations to ing the penalties for the breach thereof, to be printed, be printed. and shall distribute the same to the superintendents, the collectors of tolls and the lock-keepers, to be kept in their respective offices for public inspection, one of which shall, also, be filed in the office of the secre tary of state, and a copy thereof, certified under his hand, and the seal of his office, shall be received in all courts of law, as due proof that such rules, regulations, and penalties, were by them established. water at dams &c. SEC. 6. Whenever, in the opinion of the said Board may board, any water may be spared, from any dam, sell surplus which may be erected for the improvement of the navigation of any of the rivers of the state, without injury to the navigation, they may sell such surplus water, and the lands belonging to the state necessary for its use, under such regulations and restrictions as they shall think proper to make, for a term of years, in their discretion, to the person who shall bid the highest annual rent therefor. SEC. 7. All contracts for the construction of the 1836 Contracts public works, which the legislature shall direct to be to be in wrimade under the superintendence of said board, or for ting. the making repairs or improvements in said works, shall be made in writing, and of each contract, duplicate copies shall be signed by the parties, one of which shall be preserved and filed in the office of the said board. Notice to be SEC. 8. Public notice shall be given of the time and place, at which sealed proposals will be received given of the time & place for entering into contracts under the eighth section, of letting conwhich shall be published, for at least three weeks in tracts. succession, in such of the principal newspapers of this state, and other states, as the said board shall direct. sum sum certain, SEC. 9. All proposals for contracts, for which Proposals sealed proposals are to be offered, shall be for a for contracts, certain, as to the price to be paid or received; and to be for a no proposition, which is not thus definite and cer- &c. tain, or which contains any alternative, condition or limitation as to such price, shall be received or acted upon; and no more than one proposition shall be received from any one person for the same contract. SEC. 10. All materials procured, or partially procured, under a contract with the agent of the said exempt from board, for the construction of any such public im- execution. provement authorized by law, shall be exempt from execution. Materials SEC. 11. That it shall be the duty of said board, Duty of the when application shall be made to them to subscribe board. for stock on the part of the state, in any turnpike road company, now chartered, or that hereafter may be chartered, before subscribing, to cause an examination of said road to be made by one of their engineers, whose duty it shall be to examine the route of said road as marked out by the company, and to report to said board his opinion of the location and public utility, together with an estimate of the probable cost of the whole road; and such other information as will enable them to determine whether the construction thereof would be of sufficient public utility to justify a subscription on the part of the state: Provided, When a competent Engineer has surveyed any road, if the board believe it worthy of their U* 1836 tractors not to confidence, they may act upon it, as though their Engineer or Engineers had made said survey. SEC. 12. Whenever it shall appear to the said Subscrip- board, that subscriptions for stock in any turnpike tions by con- road company have been made by contractors for the regarded construction of said road, which stock is to be taken by the board, as part payment of their contracts; and if it should condi- further appear, that the said subscriptions are over be upon tions. make report and above a fair price for the work agreed to be done, or the materials to be furnished by said contractors, and that the stock has been given for the purpose of enlarging the amount of individual stock subscribed, the said board shall act as if no such subscription had been made. SEC. 13. That it shall be the duty of the president President & and directors, commissioners or managers, of all the directors to turnpike or rail road companies, or other public annually, and works for interior communication, in which the state pay dividends. is interested as owner or stockholder, to make, annuPenalty for ally, to the governor of this state, at least thirty days failure. before the meeting of the legislature, a report in writing, of the condition and fiscal concerns of the said turnpike or rail roads, or other public works, which reports he shall transmit to the legislature, at their annual meeting. It shall be, moreover, their duty to cause to be paid into the treasury, within thirty days after the same shall be declared, all dividends to which the state may be entitled, under the penalty of forfeiting to the state double the amount thereof. SEC. 14. That all moneys which shall hereafter Debts due be collected from debts due to the bank of the com monwealth & hank of Commonwealth, and all moneys that shall hereafter be first bank Ky. paid on the stock of the state, in the first bank of placed under Kentucky, shall be, and are hereby placed under the control of the control of the board of internal improvement, and board, &c. shall be subject to the same disposition as is now pro vided by law, in relation to the fund set apart by the act for the internal improvement of the state of Kentucky, approved 28th day of February, 1835; and as the money derived from the said banks are paid into the treasury, the same shall be a part of the fund for internal improvements, except so far as the same has been pledged, by previous appropriations and subscriptions on the part of the state, which are first to be paid out of said money. SEC. 15. That so much of an act, entitled, an act to provide for the payment of subscriptions and ap |