1836 Gate to be erected and tolls to be col lected. Proviso. When gate is erected toll gatherers &c. to be appoint ed. Tolls to be collected and of whom. and if they shall certify that said road is made in con- SEC. 18. Be it further enacted, That so soon as the gate shall be erected as aforesaid, it shall and may be lawful for the president and directors to appoint such and as many toll gatherers as they may think proper, to collect and receive of, and from all and every person or persons, using the said road, the tolls and rates hereinafter mentioned, and to stop any person riding, leading or driving any horse or mule, or driving any cattle, hogs, sheep, sulky, chair, chaise, photon, cart, wagon or any other carriage of pleasure or burthen, from passing through the said gate or turnpike, until they shall have paid toll agreeRates of toll. ably to the following rates, to-wit: For every twenty head of sheep, hogs or other small stock, six and a fourth cents; for every ten head of cattle, six and a fourth cents; for every horse, mule, ass or other four footed animal of the large kind, except cattle, four cents; for every two wheel pleasure carriage, eight cents, exclusive of the beasts by which it is drawn, and the person or persons transported by it; for every four wheel carriage of pleasure sixteen cents exclusive as above; for every cart, wagon, or other carriage of burthen whose wheels do not exceed four inches in width, twenty-five cents; for every such carriage of burthen whose wheels shall exceed six inches in width fifteen cents, exclusive of the beasts by which they are drawn; for every person two cents, Provided, That no toll shall be taken or demanded from from any person passing or repassing from one part of his farm to another, or to or from any funeral or neighborhood church, or from militia men on days of training or attending courts martial, or from electors, going to and returning from elections, or from grand juries, going to or returning from court, or from any person going to or returning from mill on horseback with single bag. Persons ex cmpt tolls. 1836 Penalty for evading payment the of SEC. 19. Be it further enacted, That if any person or persons liable to pay tolls as aforesaid, at either of the toll gates erected in pursuance of the section aforesaid, shall pass through any private gate or bars, or along, or over any ground or land near to, tolls. or adjoining any turnpike or gate, or with the intent aforesaid, shall take off or cause to be taken off, any horse or other beast or cattle of draught, burthen or pleasure, or shall practice any other fraudulent device, with the intent to lessen or evade the payment of any such toll or duty, such person so offending, shall for every such offence, respectively forfeit and pay to the president and directors the sum of five dollars, recoverable before a justice of the peace in How recoverlike manner as other debts, in the name of the poration aforesaid. cor space able. Proceedings to be had when road is SEC. 20. Be it further enacted, That if at any time the said road shall be out of repair for the of ten days, it shall and may be lawful for any per- out of repair. son to call on a justice of the peace of the county through which the road may run, to go and inspect said road; and if upon inspecting the same and receiving proof that it had been out of repair for ten days, the said justice shall by his order in writing delivered to the treasurer of said company, or in case of his absence to the president thereof, direct that no toll or duty shall be received on that section of said road until the same shall be repaired and put in good order; and if any toll shall be taken or demanded after the delivery of such order, the said company shall forfeit and pay the sum of five dollars, for each and every offence, to be recovered as other debts of like amount, and upon service of process upon the acting president of said company: Provided, There shall have been sufficient time to inform the gate keeper of said order, and on said road being repaired, any two justices may examine the same, and certify the same, and direct that toll be again demanded as heretofore. Penalty for receiving toll out of repair, and how to be recovered. when road is When road is repaired to be examined and how. President and directors to keep an count of re ac SEC. 21. Be it further enacted, That the president and directors shall keep a fair and full account of all moneys which shall be received by them from the subscribers of stock in said company; also of all moneys ceipts and exby them expended in the prosecution of said work; penditures, and all costs, charges and expenses of said road, shall dends, when be entered on the books of the treasurer. The presi- and how to be dent and directors shall at the end of every six months, paid, 1836 When and how tolls may be increased. When and how tolls shall be decreased. after the said road shall be completed, make a dividend of the clear profits and pay the same to the stockholders. The dividends shall be declared on the first day of April and first day of October in every year; and should the nett profits be less than six per cent upon the capital of said company, the president and directors, may, after the expiration of one year from the completion of said road, increase the tolls to such sums as will amount to six per cent upon the capital expended in making said road: Provided, That such increase shall, after each half yearly dividend, in which more than six per cent per annum shall have been ascertained for profits, be diminished so as to make the nett profits not exceed six per cent per annum, until the tolls shall be reduced to the rates fixed by the sixteenth section, after which they shall remain as therein provided. And provided, That the nett profits or tolls, shall never exceed twelve per cent on the capital vested in said road, to exceed 12 and the legislature shall have power to provide for reducing them to that sum. The president and directors shall cause printed lists of the rates of toll to be posted which they may lawfully demand to be affixed on or near the gates across said road. Nett tolls not per cent. Printed lists of rates of toll up. which road SEC. 22. Be it further enacted, That all wheel Manner in carriages using said road, shall, in passing other wheel shall be used carriages, keep on the right hand side, leaving the by wagoners, other side free and clear, for other carriages to pass &c. and repass, except when overtaking and passing a carriage of slower draught, and then it shall be the duty of the driver of the carriage or wagon so overtaken to drive to the right side of the road, and leave the left half of the road free for the passage of said carriage so overtaking; and every carter, wagoner or driver or owner of the carriage offending against this Penalty for provision shall pay to any person suing for the same, violating this the sum of five dollars, and also all damages any provision how recoverable. person may sustain, recoverable before a justice of the peace or circuit court, as the amount demanded may give jurisdiction. greater rate of SEC. 23. Be it further enacted, That if any toll Penalty for gatherer on said road, shall demand or receive demanding a from any person or persons using said road, any toll than is al greater rate of toll, than is allowed and authorised lowed, and by this act, such toll gatherer shall forfeit and pay for every such offence the sum of five dollars, recov erable by any person who shall sue for the same, be how recovera ble. 1836 fore any justice of the peace, as other debts of like amount; and that no suit to recover the penalties under the provisions of this act, shall be mantained Limitation to or prosecuted, unless the same shall have been commenced within six months after the offence was com- penalties. mitted. suits for the recovery of SEC. 24. Be it further enacted, That said road Width and shall be sixty feet wide, except where it passes manner road through towns; thirty feet of which shall be graded ed and made. shall be gradat an elevation not to exceed three and a half degrees; and eighteen feet of the same shall be covered with stone, broken and placed upon the road in the most approved M'Adams plan, nine inches thick. SEC. 25. Be it further enacted, That the president and directors shall take bonds with good security from the gate keepers, and other persons employed by them for the faithful discharge of the duties to them respectively assigned; which bonds they may cause to be renewed whenever they may deem it necessary; and they shall be made payable to the Maysville and Mountsterling turnpike road company. Gate keepers to give bond. Condition thereof. failure to pay SEC. 26. Be it further enacted, That if any stock- Stock may be holder shall fail to pay the regular calls of stock, forfeited for made by the president and directors as provided for calls or suit in the 11th section of this act, the president and di- brought thererectors may as in the 11th section provided, proceed for. to forfeit the stock as therein provided for, or at their discretion may proceed to collect said instalments by warrant before a justice of the peace, or by suit in the circuit court, as the sum due shall give jurisdiction, either to a justice of the peace or to the circuit court. scribe stock. for SEC. 27. Be it further enacted, That it shall and County courts may be lawful for the county court of any county in &c. may subthis commonwealth, in its corporate capacity, for and in the name of the county, and the councilmen of any city, or the trustees of any town for the benefit of such city or town, to subscribe for stock in said. company. SEC. 28. Be it further enacted, That so soon as fif- Work may be ty thousand dollars, shall be subscribed on the part of commenced the stockholders in said road, they shall be authorised when $50,000 to elect a president and directors to said road, and to commence the said work. is subscribed. SEC. 29. Be it further enacted, That the stock sub- Stock subscribed by the citizens of each county, through which said road shall pass, and a corresponding amount of scrib'd in each be first appli county may 1836 ed to making that part of road therein. Comm'rs may the state subscription, shall if the stockholders of each county require it, be applied in the first instance to turnpiking that part of said road running through said county, in which such stock shall be subscribed. SEC. 30. Be it further enacted, That the commissioners appointed to open books for the subscription take releases of stock, or any one of them, are hereby authorised from persons and empowered to take a release of the ground, and right of way, from the persons through whose lands said road may pass, and be constructed; and also a grant of the materials that may be necessary to construct or repair said road, and that they shall be empowered to receive gratuitous donations of money or materials for the use of the company. thro' whose land road shall pass and may receive dona tions. Approved January 29, 1836. CHAP. 53. AN ACT giving to the Livingston circuit court an additional week to its terms. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, the Livingston circuit court. shall commence on the last Mondays in February, May, and August, and shall continue to be holden twelve juridical days each term, if the business therein depending shall require it, any laws to the contrary notwithstanding. Src. 2. Be it further enacted, That all process that have been issued and made returnable to the next March term of said court, shall stand and be considered as if made returnable to the said February term. Approved, January 29, 1836, CHAP. 54.-AN ACT for the benefit of William M'Coy. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between William M'Coy and Martha M'Coy, late Martha Legrand, his wife, be, and the same is hereby dissolved; and the said William M'Coy restored to all the rights and privileges of a single man. Approved, January 29, 1836. |