1831. Who exempt ed from paying toll. Persons passing gates without pay ing tolls may be fined. Collection of tolls to be suspended, when the they are drawn; for every person two cents. Provided, That no toll shall be taken, or demanded from any person passing or repassing from one part of his farm to another, or to, or from any funeral, or from militia men on days of training, or of attending courtsmartial, or from electors going to and returning on days of election, or from grand jurors and venire men, going to or returning from court, when summoned, or from persons conveying public expresses. Sec. 16. Be it further enacted, That if any person or persons, liable to pay the tolls aforesaid, at either of the toll gates erected in pursuance of the aforesaid provisions, shall, with an intention to defraud the company aforesaid, pass through any private gate or bars, or along, or over, any grounds or lands near to, 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 like manner, as other debts of equal amount, in the name of the president, directors and company aforesaid. Sec. 17. Be it further enacted, That if, at any time, the said road shall be out of repair for the space of ten days, it shall and may be lawful, for any person to call on two justices of the peace, in either Jefferson, Nelroad is out of son or Washington counties, to go and inspect said repair. road; and if, upon inspecting the same, and receiving proof that it had been out of order for ten days, the said justices shall, by their order in writing delivered to the treasurer of said company, or in case of his absence, to the president thereof, direct that no tell or duty shall be received on said road, until the same shall be repaired and put in good order; and if any toll should be demanded or taken, after the delivery of such order, the said company shall forfeit and pay the Penalty on the company, sum of five dollars for each and every offence, to be for collecting recovered as other debts of like amount, and upon service of process upon the acting president of said company. Provided, There shall be sufficient time to inform the gate-keeper of such order; and upon the tolls in that event. Proviso. said road being repaired, the president and directors shall call on two justices to examine the same, and if they shall be of opinion, that the said road is in good repair, they shall certify the same, and direct that toll shall be demanded and taken, at the gate or gates, agreeably to the provisions of this act. 1831. Sec. 18. Be it further enacted, That the president Accounts of and directors, shall keep a fair and just account of all expenditures moneys which shall be received by them, from the and receipts, to be kept by subscribers of the stock of said company, and also, of the company. all moneys by them expended in the prosecution of said work; and all cost, charges, and expenses of said road, shall be paid, and discharged, and the aggregate, amount, when ascertained, shall be entered on the books of the said company; the said president and directors shall, at the end of every six months, after the said road shall be completed, make a dividend of Half yearly the clear profits, and pay the same to the stockholders; the profits, to dividends, of the dividends shall be declared on the first day of be made. April, and the first day of October, in each year; and should the nett profits be less than six per cent. upon the capital of said company, the said president and directors may, at the end of one year after the comple not to exceed tion of said road, increase the said tolls to such sum as Tolls may be will amount to six per cent. upon the capital expended increased. in making said road. Provided, That such increase Proviso. shall, after each half yearly dividend, in which more than six per centum 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 fifteenth section, after which they shall remain as therein provided: And, provided, that the nett profits Nett profits or tolls, shall never exceed twelve per cent. on the cap- 12 1-2 per ital vested in said road, the Legislature shall have cent. per anpower to provide for reducing of them to that sum. num. The president and directors shall cause printed lists of Printed lists the rates of toll, which they may lawfully demand, to of rates of be fixed on or near, the gate or gates across said road. toll to be posted up. Sec. 15. Be it further enacted, That all wheel carriages using said road, shall, in passing other wheel Wheel carcarriages, keep to the right hand side, leaving the rages, in passing each other side free and clear for wheel carriages, to pass other, to keep and repass, except when overtaking or passing a car to the right riage of slower draught; and every carter, wagoner or hand side. 1831. Penalty for receiving or demanding greater tolls than are al driver offending against this provision, shall pay to any person suing for the same, the sum of five dollars, and also, all damages any person may sustain, recoverable before a justice of the peace of Jefferson, Bullitt, Washington or Nelson counties. Sec. 20. Be it further enacted, That if any tollgatherer on said road, shall demand or receive, from any person or persons using said road, any greater rate of toll than is allowed and authorized by this act, such toll-gatherer shall forfeit and pay for every such offence, the sum of five dollars, recoverable by any person who shall sue for the same before any justice of curred under the peace, as other debts of like amount are recovered; this act, must that no suit to recover the penalties under the provisions of this act, shall be maintained or prosecuted, unless the same shall have been commenced within six months after the offence was committed. lowed by law. Penalties in be sued for within six months. Elevation of the road not to exceed 4 1-2 degrees. Officers of the company, to give bond and security. The legisla ture reserve right to subscribe stock in said com pany. Sec. 21. Be it further enacted, That the said road shall be so levelled and graded, that when completed, the elevation thereof shall not exceed four degrees and a half. Sec. 22. Be it further enacted, That the president and directors shall take bond, 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 payable to the president, directors and company, aforesaid. Sec. 23. Be it further enacted, That it shall be lawful for the General Assembly, at any time hereafter, to authorize the Governor, for the time being, to subscribe for any number of shares of stock in said company, that may be deemed expedient; whereupon, the funds received from the state, for the stock thus subscribed, shall be applied as soon as may be, to the improvement of said road, at such places on said road, as the Legislature may deem proper. CHAP. CCCCXXXIII. AN ACT to add part of Pulaski County to the County of Wayne. Approved, January 8, 1831. 1831. county. SEC. 1. Be it enacted by the General Assembly of the Bounds of the Commonwealth of Kentucky, That from and after the territory addpassage of this act, all that part of the county of Pu- ed to Wayne laski, included within the following boundary, shall be attached to the county of Wayne, to-wit: Beginning at the mouth of Rock creek, thence up the Big South fork to the Tennessee state line, thence with said line to where the Wayne county line joins the Tennessee line, thence with the Wayne county line to the beginning, so as to include all that part of Pulaski, lying between the Big South fork of Cumberland river and the Wayne county line, and the mouth of Rock creek and the Tennessee state line. collections of revenue, &c. in said Sec. 2. Be it further enacted, That it shall and may Sheriff of Pube lawful, for the sheriff of Pulaski county, to collect laski, authoall revenue tax and county levy, from the citizens resi- rized to make ding in that part of Pulaski county, which by this act is added to the county of Wayne, assessed and levied in any year heretofore, under the same rules and regulations which would have regulated the collection of the same, had this act not been passed; and the same when collected shall be accounted for as heretofore. bounds. CHAP. CCCCXXXIV. AN ACT for the benefit of James F. Robinson, and others. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of ten dollars each, be appropriated for the benefit of James F. Robinson, Peter Jones, H. B. Smith, Henry Childers, William Dickinson and Abner Gaines, for their services as commissioners under an act of the last Legislature, in examining the turnpike road from Georgetown to Cincinnati; also, the sum of six dollars to Overton Hogan, for services rendered in the employment of said commissioners. 1831. Register au CHAP. CCCCXXXV. AN ACT for the benefit of Thomas Griffey. Approved, January 8, 1831. WHEREAS, Thomas Griffey, sheriff of Hickman county, paid into the Treasury, the revenue for the year 1826, and obtained a quietus from the Auditor for the same; and through mistake, his account was not balanced on the books; and a judgment has been obtained against him for the balance due and costs; for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor be, and is hereby directed to balance said account, for the revenue due for 1826, as aforesaid, and to pay all costs incurred in the prosecution of the suit aforesaid. CHAP. CCCCXXXVI. AN ACT to authorize the County Court of Christian County, to open a road from Hopkinsville to Edward Wooldridge's Coal Banks in said County. Approved, January 8, 1831. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county court of Christian, is hereby authorized, to cause to be opened a road leading from Hopkinsville to Edward Wooldridge's coal banks, in said county; and to appoint a sufficient number of surveyors on said road, and allot to each surveyor a sufficient number of hands to open and keep in repair the road aforesaid, fifteen feet wide, under the same rules and regulations as other roads are opened and repaired in said county. CHAP. CCCCXXXVII. AN ACT to appropriate some of the vacant lands of Casey County, to improve the road leading from the Town of Liberty to where the said road crosses the Rolling Fork, near Timothy Goode's, in a direction to Springfield, and for other purposes. Approved, January 8, 1831. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the |