1836 increased. CHAP. 82.-AN ACT to amend an act, entitled, "an act to incorporate the Shepherdsville and Louisville Turnpike Company, and for other purposes," approved, December 23, 1831. SEC. 1. Be it enacted by the General Assembly of Capital stock the Commonwealth of Kentucky, That the charter of the Shepherdsville and Louisville Turnpike Company, shall be so amended as to increase the capital stock of said company from sixty to one hundred thousand dollars; and the Shepherdsville and Louisville Turnpike Company shall be, and they are hereby authorized and empowered to construct said road direct the road chan- from Shepherdsville to Louisville, instead of connectged. ing the same with the Louisville Turnpike, should the holders of a majority of the shares, after fifty thousand dollars shall be subscribed, determine to construct the road direct to Louisville. Location of money. Books to be subscription of stock. SEC. 2. That the president and managers of the Company Shepherdsville and Louisville turnpike company shall may borrow have power and authority to borrow money on the credit of the company, in anticipation of the calls on the stock, and to enable them to comply with contracts for the construction of said road; and that the books of said company shall be opened by the presiopened for dent and managers of said company, and kept open until at least fifty thousand dollars shall be subscribed, and after that amount shall be subscribed, a meeting of the stockholders shall be called to determine the route of said road, and the additional stock subscribed may be made conditional, on the change of the route of said road to a direct one: Provided however, That any person, who may heretofore have subscribed stock in said company, may, at the time of the meeting, provided for in the second section of this act, give to the president of said company, a notice in writing, that if the route of said road is changed, such person giving notice as aforesaid, will withdraw his or her subscription; and if the route of said road is changed by the president and managers, such subscription shall be considered withdrawn. Proviso. Approved January 29, 1836, CHAP. 83.-AN ACT for the benefit of John Owens of Clarke county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John Owens, of Clarke county, be, and he is hereby absolved from the marriage contract heretofore existing between him and his late wife, Sally Owens; and that the said John Owens be restored to all the rights and privileges of an unmarried man. Approved, January 29, 1836. 1836 CHAP. 81.-AN ACT to amend "an act to incorporate the Carlisle, Flemingsburg and Greenupsburg Turnpike Road Com. pany." Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the third section of an act, entitled, "an act to incorporate the Carlisle, Flemingsburg and Greenupsburg turnpike road company," approved the twenty-eighth of February one thousand eight hundred and thirty-five, as required the commissioners under said act, to open books for the subscription of stock in said company, on the first Monday in July, one thousand eight hundred and thirty-five, is hereby altered; and the further time of two years from the passage of this act, is allowed said commissioners to open books for subscription of stock according to the provisions of said act of incorporation. Approved, January 29, 1836. CHAP. 85.-AN ACT to apply the fines and forfeitures of Mason county to the lessening the county levy. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the fines and forfeitures in the county of Mason, shall hereafter be paid over to the county court of Mason, or their order, and be applied by said court to the lessening the levy of said county, all laws to the contrary notwithstanding: Provided, That all fines and forfeitures accruing in the city of Maysville, remain as heretofore appropriated by law. Approved, January 29, 1836. 1836 Preamble. Register to receive copy of plat & certificate and is sue patent. CHAP. 86. AN ACT for the benefit of Alfred Owens and Calloway Mullins. Whereas, it is represented to the general assembly that on the first day of January, one thousand eight hundred and twenty-eight, Terry Mullins caused a survey of fifty acres to be made, by the proper officer, by virtue of a Kentucky land oflice warrant, upon waste and unappropriated land in Rockcastle county, and the same was duly recorded in the surveyor's office, and assigned over from the said Terry Mullins to Alfred Owens and Calloway Mullins, and that the said Owens and Mullins obtained from the surveyor's office the original plat and certificate, and warrant, and forwarded the same to the register's ofice, and paid the fee thereon, and that upon an application to the register of the land office, the original plat and certificate, and warrant cannot be found; For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the register of the land office is authorized and directed to receive and register a certified copy of said survey, and issue a patent as in other cases, to the said Alfred Owens and Calloway Mullins, without fee. Approved, January 29, 1 1836. CHAP. 87.-AN ACT providing for a change of venue in the case of Gustavus A. Brown. Whereas, it is represented to the present general Preamble. assembly, that Gustavus A. Brown is charged and held to bail before the Livingston circuit court, for aiding and abeting Townshead W. Ashton, in shooting, with intent to kill, and that owing to the unjust prejudices which are charged to have been excited by undue means against him, on that, and on other accounts; and because in consequence of the necessity which has existed on the part of Gustavus A. Brown, to institute and maintain suits in the said county, for the recovery and protection of property, unjust hostility has been excited against him; For remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the said Gustavus A. Brown, to appear in the 1836 May elect to be tried in the Union circuit court. Recognized Union circuit court to have jurisdiction of the case. Livingston circuit court, on the first day thereof, at the next term, or as soon thereafter as his case shall be called, and make his election to be tried in the Union circuit court, which election shall be noted on the records; and thereupon, it shall be the duty of the Livingston circuit court, to recognize the said Gustavus A. Brown, with good security, to appear on the first day of the next ensuing term of the Union cir- to appear. cuit court, and answer to the charges aforesaid, and not to depart thence without the leave of the said court; and upon the indictment aforesaid, and the proceedings had thereon, being certified up to the Union court, as hereinafter provided, the said Union court shall take cognizance thereof, and of every thing incident or pertaining thereto, in the same manner as though the offence had been committed in the county of Union; and shall, in case he be found guilty, enter judgment and cause execution thereof, or grant a new trial, agreeably to the law and justice of the case, as though the said indictment had originated in Union county. And the sheriff, jailor, and clerk of Union, shall, in like manner, perform all necessary duties pertaining to their respective offices, in relation to the said indictment; and the judge of the Livingston circuit court shall, at the time the said Brown shall make his election to be tried in the Union circuit court, recognize the witnesses on the part of the Commonwealth, to appear at the next ensuing term of the Union circuit court; and the last mentioned be recognized. circuit court shall proceed upon all recognizances, in the same manner as though the same had been taken in the said court. SEC. 2. That it shall be the duty of the clerk of the circuit court of the county of Livingston, to make out full and complete copies of all the orders made in his court, in said prosecution, and shall forward the same, together with all writs, bonds, recognizances, and indictments, or other papers filed therein, by the sheriff of his county to the clerk of the circuit court of Union county, taking his receipt for the same, which duty shall be performed by the said sheriff with all possible despatch; and he shall be allowed six cents per mile in going to and returning from, said Union county, to be paid out of the public treasury, on certificate of the clerk of the circuit court of said county of Livingston, that the said services have been performed. Duties of the sheriff, &c. Witnesses to Clerk of Livingston to transmit papers. &c. Sheriffs pay 1836 Penalties on the clerk and sheriff for failing to do their duty. Clerk of U nion to issue venira facias, &c. pay. SEC. 3. That if either the clerk or sheriff of Liv ingston circuit court, shall fail to comply with all or any part of said duties, enjoined on them by this act, each of them shall be subject to a fine of one hundred dollars, recoverable by reasonable notice and rule of the court to that effect, with proper time, in the Livingston circuit court, in favor of the Commonwealth; which fine or fines, sum or sums, shall be applied as other fines of like nature are now directed by law. SEC. 4. That the clerk of the Union circuit court shall be, and he is hereby authorized to issue a venire facias, subp cenas, and all other necessary process, as though the said prosecution had commenced in his own county. SEC. 5. That the witnesses attending the Union. Witnesses' circuit court, in consequence of this change of venue, by recognizance or subpoena, shall be allowed the same per day, and for travelling, as other witnesses going out of the county by legal process. Approved, February 1, 1836 company. Capital stock and object of its formation. Corporate CHAP. 88. AN ACT to incorporate the Dock company at Cor ington. SEC. 1. Be it enacted by the General Assembly of Name and the Commonwealth of Kentucky, That a company style of the shall be, and the same is hereby incorporated, by the name and style of the Covington Dock Company, with a capital stock of twenty-five thousand dollars, divided into shares of fifty dollars each, for the purpose of erecting a floating dock, at or near Covington, or a marine rail way, should said company deem it expedient to construct one; and said company shall have power and authority to purchase and hold all such real estate as may be needed in the convenient use of a floating dock or marine rail way, and all such. materials as shall be needed in the construction of such dock and rail way; and to contract and be contracted with, sue and be sued, and to perform all and singular, the acts and things, that individual proprietors of docks and rail ways might lawfully do, in the construction, management, and disposition of the property; and they may make and use a common seal, and change, alter, or renew the same at pleasure, and make by-laws regulating the time and place of elect powers. |