1831. The company may enter on lands, &c, near said bayou. Improve ments to commence at Moscow. on said share or shares: And, provided, no, stockholder shall vote at any election, or be entitled to any of the rights of a member of said corporation, unless the whole amount due and payable as aforesaid, on the share or shares, by him held, shall have been paid, agreeably to the requisition of the president and directors; or instead of forfeiting the share or shares of any such delinquent stockholder, the president and directors, may institute suit or suits, in any court of competent jurisdiction, in the name of the corporation, to recover the sum due and unpaid. Sec. 13. Be it further enacted, That the president and directors of said company, by themselves, their agents or workmen, shall have full power and authority to enter upon any lands in the vicinity of said bayou de Chien, and cut down and remove all trees within one hundred feet of the banks of said bayou, from Moscow to the mouth thereof; and to construct dams, locks, slopes, canals, docks or any other thing within the contemplation of this act, doing as little injury to the ground and enclosures as possible; and also to take any timber, earth, stone or gravel, necessary for the purposes contemplated by this act. Sec. 14. Be it further enacted, That the said company shall commence their improvements and operations, at the town of Moscow, and shall proceed down said bayou, to its mouth, clearing away the impediments and obstructions, to the easy and free navigation of said bayou, from Moscow to its confluence with the Mississippi river, for keel boats, flat boats or any other water craft, ascending or descending said bayou; and said president and directors, by themselves, their agents or servants, when said bayou shall be so improved, as to afford a free and easy navigation for keels, flat boats and other water crafts, ascending or descending, shall have power and authority to demand and receive from the owner or owners, master or super cargoes of all vessels, boats, barges or other crafts, ascending or descending said bayou, the following rates of toll, to be paid before any such vessel, boat, barge or other craft, shall be permitted to pass Rates of toll down said bayou, to-wit: for all vessels, steam boats, barges, keel boats or flat boats, two cents per ton, United States measurement, for each mile said vessel or boat may run in said bayou, either in descending or ascending; for each raft of timber, plank or other lumber, two cents for every thirty feet in length, by twenty feet in width, the said tolls to be paid in gold or silver coin, current in the United States. The president and directors shall fix and establish such sums as they may think proper, for the use of the docks, basins and other appendages, to the works erected on said bayou, which rates, with the foregoing rates of tolls, shall be posted up in some conspicuous place, at each lock, or at Moscow, and the mouth of said bayou, and no other or greater rates shall be demanded, than those thus posted; and if any person shall attempt to navigate said bayou, without payment of the toll, or shall attempt to elude the payment of the same, said president and directors may attach the boat or other craft of such person or persons, and hold the same, until the rates of toll are paid, and if they are not paid in one month after such attachment, said cargo of such boat, or so much thereof, or the boat itself, if there be no cargo on board, shall be sold, as will be sufficient to pay the toll and costs of said attachment; which attachment shall be prosecuted by the laws now in force, regulating attachments. 1831. Sec. 15. Be it further enacted, That the said pres. Account to be ident and directors, shall keep a fair and just account kept of moneys receiof all moneys which shall be received, by them, from ved and exsubscribers of the stock in the company, and for tolls, pended. &c., end of all moneys, by them expended, in the prosecution of said work, and all costs, charges and expenses, of clearing away and removing trees, driftwood and other obstructions, and of erecting any and every work, dam, lock, gate or other buildings or appurtenances, and of keeping the same in repair. And on the first Mondays in January and July, in each year, after said works and improvements, in whole or in part, shall have been completed, have the same made up, and the balance of the profits struck and divided among the stockholders, and report the same to the general annual meeting of the stockholders, to be held in Moscow, on the first Monday in January, in each year; and if it shall appear, from the report so made as aforesaid, under the oath of the president and directors, that the profits so divided, do not amount to six per cent. per annum, on the capital expended, the said president and directors shall be au.. 1831. thorized to add to the tolls for the succeeding year, until the net profits, after deducting for all expenses Tolls may be and repairs and necessary improvements, shall amount to six per cent. per annum. increased. Charter granted for Sec. 16. Be it further enacted, That this charter of incorporation shall last and continue, for the term of twenty years. twenty years. Provided, however, That the Legislature shall, at all times, have the power and right to Reservation. repeal or modify the same, at their pleasure. Joel Scott appointed keeper. To receive CHAP. DXXXV. AN ACT appointing a Keeper of the Penitentiary. Approved, January 15, 1831. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of February, eighteen hundred and thirty-two, Joel Scott, the present keeper of the Penitentiary, be, and he is hereby appointed keeper and agent of the Penitentiary, to have the whole and sole management thereof, and to continue in office as such, until the first day of February, eighteen hundred and thirty-five, subject however to removal by the Legislature, whenever, in their opinion, said Scott, shall fail to manage said institution, in such manner as the interest of the state may require. Sec. 2. Be it further enacted, That said Scott, shall receive as a compensation for his services, in the manthe same pay, agement of said institution, the same as allowed him and be governed by the by an act, entitled "an act, further to regulate the same rules as Penitentiary, approved, January 10, 1825;" and the heretofore. said Scott shall, in all respects, be governed by the laws now in force, in relation to the keeping and management of the Penitentiary. Sec. 3. Be it further enacted, That before the said To be proven, Scott, shall enter upon the discharge of his duty, as and give bond keeper and agent of said institution, he shall take the oath, and enter into bond and security, in the same manner, and under the same penalties, as is required by the 14th section of an act, approved, the tenth of January, eighteen hundred and twenty five, appointing said Scott keeper as aforesaid. Sec. 4. Be it further enacted and provided, That if the Legislature shall, at any time before the expiration of the term, for which the said Joel is appointed, repeal this law, and remove the said Joel Scott, that the bond of the said Joel, shall nevertheless remain in force, and he be liable for a breach thereof, notwithstanding such repeal; and that the Legislature further reserves to itself the power, to pass all laws deemed necessary for the regulation of the Penitentiary, or varying the duties of the keeper, or to amend this act, and such laws, or any of them shall not be considered a violation of the contract with said Scott. 1831. Proviso. Sec. 5. Be it further enacted, That the fourth sec- Repealing tion of the above recited act, be, and the same is here- clause. by repealed. CHAP. DXXXVI. AN ACT to amend an act, entitled "an act, to provide for the erection of two bridges across Rock Castle River." Approved, January 15, 1831. ers to con SEC. 1. Be it enacted by the General Assembly of the CommissionCommonwealth of Kentucky, That the now acting com- tract for missioners, who were appointed to contract for, and building the superintend the building of a bridge across Rock Cas- bridge, and tle river, where the state road from Crab Orchard to to let the finishing of it, to Cumberland gap, crosses the same, be, and they are the lowest hereby directed to let out, to the lowest bidder, the bidder. finishing of the bridge, according to the plan on which the same has been commenced, giving one month's previous notice in two public newspapers, of the time when the same will be let, taking bond and good security from the contractor, to finish said bridge, within one year, in a good, neat, strong and workmanlike manner, and out of the reach of high water. Sec. 2. Be it further enacted, That the sum of fifteen $1500 approhundred dollars in gold, silver, or bank paper, which priated. passes at par, be, and the same is hereby appropriated to aid in finishing said bridge, and to be drawn upon the order of the commissioners, or a majority of them. Sec. 3. Be it further enacted, That if the sum above appropriated, be not sufficient, then the deficiency is insufficient to If that sum is 1831. finish the bridge, the to be paid by the keeper of the turnpike gate, erected on said road, out of any tolls which may be collected at said gate; the money to be paid by the keeper of the gate, to the commissioners or their order Sec. 4. Be it further enacted, That when said bridge is completed, the same shall be kept in repair, in the same manner, and under the same regulations, that Bridge to be said road is now by law to be kept in repair. kept in repair A justice to CHAP. DXXXVII. AN ACT to allow additional Justices of the Peace, to certain Counties. Approved, January 15, 1831. WHEREAS, the citizens of Cloverport, are desirous to have a magistrate to reside in their town: Therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an additional magisBreckinridge. trate, be allowed to Breckinridge county, to reside, at the time of his appointment, in the town of Cloverport. Greenup. Sec. 2. Be it further enacted, That one additional justice of the peace, be allowed to the county of Greenup, to reside, at the time of his appointment, near the state road, where it crosses Williams creek. Washington. One to the county of Washington, to reside, at the time of his appointment, in the neighborhood of Thomas C. Yocum. One to the county of Grayson, to reside, at the time of his appointment, in the neighborhood of the Falls of Rough creek: And one to the county of Hopkins, residing, at the time of his appointment, in the militia company of Captain Dunville Grayson. Hopkins. Preamble. CHAP. DXXXVIII. AN ACT for the benefit of the widow and heirs of James Approved, January 15, 1831. WHEREAS, it is represented to the present General Assembly, that James Ladd departed this life, |