SEC. 3. Be it further enacted, That the free white male inhabitants of said town, over the age of twentyone years, shall meet annually, and elect their trustees, in such manner as they may think proper. 1836 Election of trustees. SEC. 4. Be it further enacted, That the trustees of Trustees shall said town, shall have power to appoint town officers, have power to appoint town and establish all by-laws, which they may deem ne- officers. cessary for the government of said town, provided the said by-laws be not inconsistent with the constitution or laws of this commonwealth. SEC. 5. Be it further enacted, That the said trustees shall, by a unanimous voice, add such ground to said town, as they may think proper. May add to said town. Trustees to SEC. 6. Be it further enacted, That Thos. Graves, Jeremiah Algur, Pickney W. Dryden, John L. Allen, Creelsburg apand Moses Allen, are hereby appointed trustees for pointed. the town of Creelsburg, Russell county, who shall continue in office for one year from and after the first day of June next, and until their successors are duly elected and qualified. May elect trustees annually. Powers and SEC. 7. Be it further enatced, That the free white male inhabitants of said town, over the age of twenty-one years, shall meet annually and elect their trustees, in such manner as they may think proper; and the said trustees shall have authority and jurisdiction within said town, and they shall have power and au- duties of trusthority to appoint all town officers, pass all by-laws, and to do any and every act, for the regulation and good government of said town, which the trustees are authorized to do, under the general laws of this common-wealth, in relation to towns. Approved, January 29, 1836.. CHAP. 76.-AN ACT for the benefit of the Sheriff of Calloway county. tees. Further time allowed to requent list for turn delin 1835. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sheriff of Calloway county, be, and he is hereby allowed until the next May term of the county court, of said coun ty, to complete his delinquent list for the year 1835. SEC. 2. Be it further enacted, That the county court County court of said county, at the next May term thereof, shall empowered to have full power to receive said delinquent list for the list. year 1835, agreeable to the laws of this commonwealth, in the same manner as if a complete list had been returned by said sheriff at the proper time. Approved, January 29, 1836. receive Baid 1836 Preamble. to return de CHAP. 77.-AN ACT for the benefit of the Sheriff of Grant county. Whereas,the sheriff of Grant county failed to return his delinquent list of fines, for the one hundred and fourth regiment of Kentucky militia, that by law he was required to return to the last court of assessment for said regiment: Wherefore, Be it enacted by the General Assembly of the Further time Commonwealth of Kentucky, That the said sher linquent list iff of Grant be, and he is hereby allowed, until the of muster fines next court of assessment for the aforesaid one hun&c. dred and fourth regiment, to make out and return his list of delinquent and insolvent fines, assessed in said regiment; and he is hereby released from all manner of liability, for having failed to make said return, according to the law now in force. Approved, January 29, 1836. CHAP. 78.-AN ACT to change the time of holding the Laurel county court. Do i enacted by the General Assembly of the Commonwealth of Kentucky, That the county courts for Laurel county, shall be held on the second Mondays in each month in which there is no circuit court held in said county, in lieu of the first Mondays in each month, as now established by law. This act shall not take effect until after the first Monday in March next. Approved, January 29, 1836. CHAP. 79.-AN ACT for the benefit of Whitley Seminary of Learning. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the fines and forfeitures, now collected, or that may be hereafter collected, in the county of Whitley, shall be paid over to the commissioners, appointed by the Whitley county court, to establish and keep up said seminary. Approved, January 29, 1836. CHAP. 80.-AN ACT to establish a State road from Morganfield, Whereas, it is represented to the present general assembly of the commonwealth of Kentucky, that the town of Smithland, on the Ohio river, is considered the head of navigation, during the season of low water, for all except the smallest class of boats; by reason of which, great inconvenience results to individuals, after having ascended the river to said point, in obtaining a convenient passage by land, in a parallel direction with said river, in consequence of the want of a good road; now to remedy said inconvenience, and to facilitate travelling: 1836 Preamble. mark road, & SEC. 1. Be it enacted by the General Assembly of Commissionthe Commonwealth of Kentucky, That Berry Hodge, ers appointed Peter C. Holt, and Aaron Waller, of the county of to view and Union, and Joseph Hughes, Richard Cruse, and Wil- duties defined. liam Newcomb, of the county of Livingston, or any three of them, be, and they are hereby appointed commissioners, who, being first sworn, shall proceed to Morganfield, in Union county, and view a way from thence to the most suitable place to cross Tradewater river; and from thence to Salem; and from thence to Smithland, in Livingston county; and when they are satisfied, as to the best route for a road, to and from the points before mentioned, that they cause the route, selected by them, to be so marked and identified, that there will be no difficulty in finding and pursuing the same; and it shall be the further duty of the said commissioners, to make a report in writing, to the county courts of Union and Livingston, designating therein, fully and explicitly, the route and ground over which said proposed road shall pass. Commission courts, and SEC. 2. Be it further enacted, That upon the reception of the before mentioned report, by the said ers to make recounty courts, the route therein designated, shall be, port to county and the same is hereby established, a state road; and county courts it shall be the duty of the aforesaid county courts to to lay road off lay off said road in convenient precincts, and appoint & allot hands into precincts a surveyor, and allot a sufficient number of hands to to cut road ont each, to clear and improve said road within the and keep it in bounds of their respective counties; directing that repair. said surveyors shall cause said road to be cleared at least thirty feet wide, and the stumps in the same, cut low, and rounded at the top; the banks of creeks 1836 comm'rs. or and branches graded; where it should be necessary the sideling ground graded, and the marshy places cause-wayed, or thrown up and improved; and the creeks and branches, where it is necessary, bridged, so as to admit of a safe and convenient passage, for all kinds of carriages. SEC. 3. Be it further enacted, That the commisAllowance to sioners shall be paid the sum of two dollars per day, each of them, for every day that they may be necessarily employed in the discharge of the duties. herein assigned them, to be paid jointly by the counties of Union and Livingston. the road and SEC. 4. Be it further enacted, That it shall not be County courts lawful for the county courts, of the counties through prohibited which the before mentioned road shall pass, to alter from altering or change said road, after the same shall have been changing cleared out; but it shall be their duty, at all times thereafter, to appoint a sufficient number of hands to keep said road in repair; and the surveyor and hands thereof, shall be governed by the same laws and regulations as now are, or may be in force in this commonwealth, in relation to the working and improving the public roads. to appoint o verseers & al lot hands. run shall have SEC. 5. Be. it further enacted, That any person, Persons thro' over whose land said road may pass, shall have the whose land right to obtain, from the county court of the county the road may in which said land lies, a writ of ad quod damnum, the right to under the provisions of the general road law, and the sue out a writ damage assessed, under such writ, shall be levied by of ad quod- the said county court, as is directed by said road law. Approved, January 29, 1836. damnum. CHAP. 81.-AN ACT to establish and improve a State road from Landing, in Boone county, to intersect the Covington and Lexington Turnpike road. SEC. 1. Be it enacted by the General Assembly of Commission the Commonwealth of Kentucky, That Robert P. ers appointed Winston, James D. Polly, James Finnell, James Kento review and edy, of Boone county, and Green K. Perrin, of Grant, mark road. be, and they are hereby appointed commissioners: they, or any three of them, after they have taken an oath before some justice of the peace of the county of Boone, (a certificate of which shall be filed in the clerk's office of said county,) faithfully and impartially, to execute the duties required of them by this act, shall proceed to review and mark the best, most Charles Secrest's, in Grant. 1836 Commission SEC. 2. Be it further enacted, That the said commissioners shall make a report to the county court of ers to report. Boone; and if any part of said road shall lie in the county of Grant, of that part which shall lie in said county, to the Grant county court, sufficiently describing the route of said road, and noting the most important points thereon; naming the proprietors, or owners of the land, through which it may pass, and setting forth the conveniences, and inconveniences, that will result to individuals owning said land, as well as to the community, in the event of the establishment of said road. Src. 3. Be it further enacted, That the county courts of Boone and Grant, upon receiving said report, shall cause the proprietors of the land through which said road is to run, if within the county, (unless they have given their consent, in writing, for the establishment thereof,) to be summoned, to shew cause, if any they have, why said road shall not be opened; and may take all necessary steps to open the same, at least thirty feet wide, and provide for keeping the same in repair: Provided, however, That said road shall not be opened and established as a state road, unless the county courts of Boone and Grant, (if any part should lie therein,) a majority of all the justices in each county being present shall be of opinion that said road, when opened, will be of public utility and convenience. SEC. 2. Be it further enacted, That said commissioners are hereby authorized to circulate, and raise by subscription, any sum or sums which may be subscribed for the purpose of opening said road; and the county court of Boone may appoint three commissioners, any one of whom, shall, under the direction of said court, apply the same to grading the hills and building bridges, and such other improvements as will be requisite to put the road in good repair, and may be allowed by the court a compensation therefor, not exceeding one dollar per day, to be paid out of the fund so raised by subscription. G Approved, January 29, 1835. Proprietors of the land to be summoned. Proviso Money may be raised by subscription for opening the road. |