advertise an election on any other day they shall think fit. 1836 Powers ves ted in the SEC. 4. That the president and managers of the Taylorsville and Harrodsburg turnpike company, company. shall be vested with all the power, authority, immunities, tolls, privileges and advantages in all and every respect, that are now vested, by law, in the Louisville turnpike company, subject to the like limitations and restrictions, as if they were herein embodied and repeated, except so far as they are modified in this act. President When to be commenced & SEC. 5. That the president and managers may and managers at any time, after the organization of the company, may sell resiopen the books and sell the residue of the stock, due of stock but not for less than par, and they shall have five years after the organization of the company to commence the work, and ten years to complete the same; completed. and it shall be lawful for the county courts of Spencer, Nelson, Washington and Mercer counties, or either of them, to subscribe for, and hold stock in said company, and to raise the money to pay for the same by increasing their tithe tax or borrowing, or in both ways. SEC. 6. That the said road shall be located by the state engineer, whose duty it shall be to survey and locate the same, the nearest and most practicable route from Taylorsville to Harrodsburg. Approved, February 29, 1836. County courts may take stock. Road located by state Engi neer.. CHAP: 403.-AN ACT to amend the penal laws, and to authorize certain improvements within the walls of the Penitentiary. Whereas, it is represented to the present general assembly, that the interest and proper management of the penitentiary demands that a portion of the prisoners should, on certain occasions, be employed temporarily without the walls of the prison, for the purposes of cleansing the prison, and for aiding in procuring the necessary supplies therefor: and it being considered questionable, whether the penalty attaching to escapes, provided by the 1st section of "an act to amend the penal laws," approved December 19th, 1804, applies in cases of escape of a con-vict so employed. And whereas, also, it appears that the dormitories Preamble: 1836 escapes. or sleeping apartments in said institution, are too few to accommodate the present number of convicts, and that those now in use, are insecure and illy constructed, both as regards the safe keeping as well as the preservation of the health of the prisoners: for remedy whereof, SEC. 1. Be it enacted, That the penalty provided Penalty for by the above recited act in cases of illegal escape, shall be deemed to extend to, and apply in all cases where convicts escape, when employed without the walls of the prison, under the care of a guard or the necessary business of the penitentiary. thorized to erect 250 new eells, &c. SEC. 2. Be it further enacted, That the keeper of Keeper au- the penitentiary shall, and he is hereby authorized and required to erect, within the walls of said prison, a suitable building, to embrace two hundred and fifty dormitories or sleeping apartments, in lieu of those now in use, having regard as well to health and comfort, as to the safe keeping of the prisoners in separate and solitary confinement. And the said keeper shall cause a just and true account to be kept of the expense of said building, the amount of which shall be charged to the account of the commonwealth, payable out of the state proportion of the proceeds of the penitentiary; and John Woods, James Davidson, and Charles S. Morehead, or any two of them, are hereby appointed a committee, under the inspection of the governor, to direct and superintend the erection of said building. Approved, February 29, 1836. Town established. CHAP. 404.-AN ACT to establish the town of Barnettsville, in Hart county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a town to be known by the name of Barnettsville, shall be, and the same is hereby established at the mouth of Little Barren river, on the south side of both rivers, and under the direction and superintendence of William By whom to Barnett, and Andrew Barnett, the proprietors of the be laid off into land to be laid out into lots, streets and allies; and lots, &e. it is directed that the plat of said town shall be recorded in the office of the county court of Hart coun ty. SEc. 2. Be it further enacted, That Joshua Brents, 1836 Trustees ap. David C. Danan, Valentine Garvin, Eli Murry, Beverly Welden, and John Thompson, be, and they are hereby appointed trustees of said town, who shall continue in office until the citizens of said town shall pointed. elect trustees under the provisions of this act; which trustees hereby appointed, as well as their successors Their powers. in office, shall have the power and authority, and shall perform the same duties as are given and imposed by the general law of this commonwealth in relation to the trustees of towns. When and trus tees are to be: elected. SEC. 3. Be it further enacted, That whenever the citizens of said town, shall deem it expedient to elect where trustees of said town, it shall be lawful for them to meet at some convenient place, when and where all the free male inhabitants of said town above twentyone years of age, shall vote by vive voce for seven trustees for said town, who shall serve until their successors are duly elected, which election shall be conducted by the clerk of the trustees. SEC. 4. Be it further enacted, That the trustees hereby appointed, shall appoint a town clerk, who shall continue in office until the election of trustees next succeeding his appointment; and in like manner, each new board shall appoint their town clerk, whose duty it shall be to keep a fair record of the proceedings of the trustees, and to give public notice, by advertisement, in said town, at least ten days previous to any election for trustees. Clerk to be appointed, & term of service, &c. His duty. SEC. 5. Be it further enacted, That the trustees May pass byof said town shall have full power to pass all by- laws, &c. laws which they may, from time to time, think advisable for the government of said town: Provided, That they be not contrary to the constitution and general laws of this state." SEC. 6. Be it further enacted, That the land and Land and lots lots included in the plan of said town, shall be vest- vested in trused in the aforesaid trustees, and their successors in tees, who may convey the office, with full power and authority to convey the same. lots to persons entitled thereto. Approved, February 29, 1836. CHAP. 405.-AN ACT to incorporate the owners of the Mansion House Hotel in the town of Frankfort, and the Phoenix Hotel, in Lexington. Whereas, William Owsley, John Harvie, Edward P. Johnson, Churchill Samuel, Edmund H. Taylor, 1836 Thomas D. Carneal, Leander J. Sharp, Thomas S. Page, Mason Brown, and Charles S. Morehead, under the style and firm of Morehead and Brown, Isham Talbot, Albert G. Hodges, John Samuel, Harrison Blanton, Orlando Brown, Moses B. Morrison, Anthony W. Lockwood, John Goodman, Lewis Sanders, Jr. John H. Hanna, James F. Dryden, Dandridge S. Preamble., Crockett, William S. Vaughan, Thomas J. Mayhall, and Robert Wickliffe, did on the 14th day of November, 1835, constitute themselves a joint stock company for the purpose of purchasing the Mansion house hotel, and the ground belonging thereto, in the town of Frankfort, at the price of $12,500; and also, to raise the further sum of $5,000 for the purpose of repairing and furnishing the same for the accommodation of travellers, and agreed that the said stock should consist of twenty-five shares at $700 per share; and likewise, empowered E. P. Johnson, J. Harvie, and Churchill Samuel, to contract for, and purchase the above mentioned property, at the price of $12,500, $3,000 thereof to be paid in hand, and the remaining $9,500, to be paid in three annual instalments, with interest from the first day of October, 1835, till paid, and stipulated that they would execute their joint note or notes for the said last mentioned sum of $9,500 to the person from whom the said property was to be purchased; and further stipulated and agreed, that if after the said note or notes to be executed as aforesaid, for the payment of the said $9,500 fell due, any one of them, or in case of death, the heirs and representatives of any one of them, should neglect or fail for the space of sixty days to pay off and discharge his respective portion of said note or notes as the same became due and payable, the whole and entire interest of such person or persons in and to the aforesaid property and furni ture, and the rents and profits growing out of the same should immediately pass to, and become the exclusive property of the other stockholders, and should vest in them, and the shares of such person so in default, should be ipso facto forfeited to the other shareholders, as aforesaid; and also, stipulated and agreed that an act of incorporation should be procured to facilitate the management of the business, and have the shares declared personal estate, and have petitioned for that purpose: And whereas, the said Har vie, Johnson, and Samuel, have, in pursuance of said L agreement and authority, purchased for the company the said house and stable, and the ground belonging thereto, and the $3,000 in hand have been paid therefor, and the joint notes executed for the remaining $9,500 as was agreed, and the $5,000 for furniture and repairs have also been advanced by the stockholders, rateably, according to their respective subscriptions: Therefore, 1836 Corporate Name and SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said per- powers. sons first above enumerated, and their associates, present and future, their successors and assigns, shall be, and they are hereby created a body politic and corporate forever, by the name of the president and managers of the Mansion House company, and by that style of the name and style it shall be lawful for them to con- corporation. tract and be contracted with, to sue and be sued, implead and be impleaded, as natural persons, in all courts and places whatever; and to have and use a common seal, and to change and renew the same at pleasure, and to purchase and hold, and receive a conveyance for the said Mansion house and stable, and the ground belonging to the same; and to purchase and hold all such materials as may be required in the repair thereof, and all such goods and chattles, as may be needed in furnishing said hotel; and it shall be lawful for them to rent and demise the said house, stable, furniture and ground, or any part thereof, and to make any contract or contracts touching the repairing of the same, and effecting a policy or policies of insurance on the same, from time to time, as may be necessary; but it shall not be lawful for them to engage in any other business, and they shall not, under any pretence, issue and circulate promissory notes of the character of bank notes, nor in anywise exercise any of the powers and privileges of banking. May make SEC. 2. Be it further enacted, That the stockholders shall have a right to make such by-laws, by-laws, &c. rules, and regulations, for the government of the corporation, and the election and direction of the president and managers, who shall be three in number, as they may deem expedient; also, to fix - the time of service of the president, and of the three managers, and the time and place of calling and holding general meetings of the stockholders, and of elections for president and managers, and who shall |