1836 May enlarge How stock such an amount as may be necessary for the construction of said bridge; and the same, when so enlarged, shall constitute the capital stock of said company, and the subscriptions for the increased capital stock capital stock. to be made in all respects in the same way, and in is subscribed. the same proportion, as under the existing charter of said company, subscriptions of stock are authorized to be made. company, This act when SEC. 4. Be it further enacted, That this act, when shall constitute a part of the company accepted by the accepted by the charter of said company, and have, in all res- is to constipects, the same effect, as if it were a part of the original act incorporating said company. SEC. 5. Be it further enacted, That the county court of Madison county, is hereby authorized to subscribe for stock in said company, and to provide for the payment of said subscription by such addition to their county levy as may be necessary; and the profits arising from such stock shall hereafter be applied to lessening the county levy in said county, and the said county court shall have the right of voting upon any stock so subscribed, and enjoy all other rights and privileges in common with other stockholders. SEC. 6. Be it further enacted, That it shall be lawful for said company to commence said road within one quarter of a mile of the court house, in the city of Lexington, and to extend the same to the public square, in the town of Richmond: Provided, Said city and town shall assent thereto. tute a part of its charter. County court of Madison for stock. may subscribe Where said road is to commence & end. Proviso. Where gates cd. SEC. 7. Be it further enacted, That it shall be lawful for said company to erect a gate at any dis- may be erecttance not less than one mile from the commencement of said road, at Lexington, and at any distance not less than one mile from the public square, in Richmoud. Approved, February 1, 1836... CHAP. 99.-AN ACT for the benefit of the Jailer of Jessamine county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of fifty-two dollars and twenty-four cents, be, and the same is Irereby appropriated for the use and benefit of James $52 appropri ated to Wil more. 1836 C. Wilmore as compensation for advertising, going for and paying a guard to convey Alexander White, a fugitive from justice, committed to the jail of Jessamine county, by two acting justices of the peace for said county; and also, for conveying George Dean, under a warrant from two justices of the peace for the county of Jessamine to the authorities of Mercer county; and the auditor of public accounts issue warrant. is hereby directed to issue his warrant, in favor of said Wilmore on the treaurer for said sum, which the treasurer is hereby directed to pay out of any moneys in the treasury not otherwise appropriated. Auditor to Approved, February 9, 1836. lished. CHAP. 100-AN ACT to establish the town of Bryantsville, in SEC. 1. Be it enacted by the General Assembly of Town estab the Commonwealth of Kentucky, That the town now laid off and erected in the county of Garrard, near the Burnt tavern, on the land of James Bryant, shall be, and the same is hereby established and known by the name of "Bryantsville," and that James G. BryTrustees ap- ant, William Daniel, and Samuel M. Graham, be, pointed. and they are hereby appointed trustees of said town. SEC. 2. Be it further enacted, That the trustees aforesaid, shall continue in office until the first Sattees shall con- urday in August, 1836, at which time, and on the tinue in office. first Saturday in August in every year thereafter, it Annual elec- shall be lawful for the free white male citizens of said tions. town over twenty-one years of age, to vote for, and elect three trustees for said town, to continue in office for one year, and until their successors are duly elected and qualified. Time trus trustees. SEC. 3. Be it further enacted, That the trustees of Powers of said town shall have and possess all the powers for the purpose of causing the streets and alleys of said. town to be kept in repair, which are possessed and exercised by trustees of towns in this commonwealth, under the general law providing for the establishment of towns. Approved, February 9, 1836. CHAP. 101.-AN ACT for the benefit of the heirs of Benjamín Long. 1836 cuit court. Court may SEC. 1. Be it enacted by the General Assembly of John Long the Commonwealth of Kentucky, That it shall and may file a pe may be lawful for Benjamin Long, of the county of tition in the Jessamine, as the guardian for his children, William Jessamine cirLong, Lucy Ann Long, and Alfred Long, to file a petition in the Jessamine circuit court, setting forth the condition of a tract of land containing four acres, deeded by George Bronaugh and Sarah his wife to the above named children of the said Benjamin Long. SEC. 2. Be it further enacted, That upon the filing of said petition, the judge of the above named circuit decree a sale, court should deem it advisable to promote the interest of the above named children of Benjamin Long, that the land should be sold, then, and in that event, it shall and may be lawful to decree the sale of the same, and shall appoint a commissioner to sell the same, who shall give a bond with good and sufficient security, that the proceeds of the above sale shall be faithfully laid out in lands in some of the western states, in the name, and for the benefit of the above named children of the said Benjamin Long. Approved, February 9, 1836. Commission er to be appointed. How pro ceeds to be CHAP. 102.-AN ACT for the benefit of Rebecca Dye. Whereas, John Duncan, by his will, devised certain slaves, and an interest undivided in a tract of land equal to fifty acres in the county of Nelson, in trust to his son Charles Duncan, for the use and benefit of his daughter Rebecca Dye and her children, (eight in number,) under the apprehension that her husband, John Dye, owing to his then dissipated habits, would be unable to manage and take care of the same; and that said John Dye has since become a sober, industrious, and frugal man, and is anxious, with his growing family, to remove to the state of Missouri, and to take the slaves devised in trust; and the said Charles Duncan, having, as acting executor, accepted the trust, it is doubtful whether he can transfer the estate in trust to said Dye and permit him to manage it for the use of his said wife and his children, and remove the slaves with his family to the state of Missouri: Therefore, Preamble. 1836 authorized to erty. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for C. Duncan the said Charles Duncan, by deed of release, to conconvey prop- Vey to the said John Dye, in trust, to hold the same uses and purposes directed by the said will of John Duncan, and manage the same according to the intent of said devise, the whole of the trust fund held by him under the said will of John Duncan for the use Manner in of Rebecca Dye, which deed shall be acknowledged which deed is before the clerk of the county court of Nelson, and to be exccu- recorded as other deeds in his office; by virtue of which, the said John Dye shall hold the same as though he had been originally appointed by the said John Duncan, and upon the execution of the said may remove deed, the said John Dye shall be authorized to reslaves out of move the slaves and personal estate, so held in trust, out of this commonwealth. ted. John Dye the state. Approved, February 9, 1836. ed. CHAP. 103.-AN ACT to authorize the board of internal im provement to have the turnpike road on Muldrow's Hill examined by an engineer, and a report thereon of his opinion of the value of said road, and for other purposes. SEC. 1. Be it enacted by the General Assembly of Acts repeal the Commonwealth of Kentucky, That all acts or parts of acts of the legislature, which create a board of commissioners to turnpike the road from Lexington to Nashville, where the same passes over Muldrow's hill, be, and the same are hereby repealed, and said work is placed under the care, control, and management of the board of internal improvement. neers to super SEC. 2. Be it further enacted, That the board of Board shall internal improvement, shall, from time to time, as it cause an engi- may be necessary, cause an engineer or engineers, to neer or engi- attend the construction of said road; and said engiintend im- neer or engineers, shall examine the contract entered provements. into, by commissioners heretofore appointed, and the be examined contractors of said work, and direct the construction and road to be thereof according to the same; and said engineer shall, received by when said road is made, accept and receive the same, engineer. provided, in the opinion of said engineer or engineers, it is constructed according to contract. Contracts to SEC. 3. Be it further enacted, That said commissioners heretofore appointed, shall, upon application of the board of internal improvement, deliver over the contract with them and said contractors, to the engineer of said board, who may be appointed to superintend said work. 1836 Contracts made by commissioners to SEC. 4. Be it further enacted, That the engineer be delivered to when said work is completed, shall furnish to said the engineer. board, a fair and accurate estimate, in his opinion, of Board may the value of said work, and if the estimate shall ex- make an addiceed the amount for which the work was contracted tional allowto be performed, the said board may then cause the ance. commissioners and engineer who superintended the work, or any other person or persons to answer on oath, to such interrogatories as the board may deem proper, to enable them to determine whether, without fault on the part of the contractors, they have sustained a loss, and to what amount; and if, in the opinion of said board, any loss has been sustained by the contractors, it shall be the duty of the board to allow them an additional sum, not to exceed in all, when added to the contract price, a fair equivalent paid. for the work, and to draw upon the treasury for the additional sum so allowed. on How to be Contractors certain conditions. SEC. 5. Be it further enacted, That if in the opinion of the board of internal improvement, the con- to refund, uptractors have undertaken said work for a greater sum than it is reasonably worth, and has cost them, they shall, upon the conditions hereafter mentioned, refund the surplus to the order of said board of internal improvement, which shall by them be paid into the treasury. SEC. 6. Be it further enacted, That the contractors of said road shall not be entitled to any increased compensation for said road, until they shall file in the office of the secretary of state, a statement in writing, that they will be bound by the provisions of this act, and shall, also, execute a bond to the commonwealth of Kentucky, conditioned to refund any excess they may be directed by the said board to pay. Approved, February 9, 1836. Conditions which upon increase is to be paid contractors. CHAP. 104.-AN ACT for the benefit of John and Peggy Garvin and their children, and of John Coleman's representatives. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Garrard |