through the gates on said road, to include the passage of the teams of horses, mules, or oxen, usually employed in the draught of such wheel carriages; and that hereafter, no toll shall be taken or received by the keepers of the said gate for any animals of draught, usually or necessarily employed in the draught of any wheel carriage, for which toll is allowed by the act, to which this is an amendment. 1831. CHAP. CCCCLXII. AN ACT for the benefit of Christopher Heavner. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the surveyor of Warren county, on the application of Christopher Heavner, to survey two hundred acres of land, lying in said county, granted, by virtue of a certificate to William M'Henry, by the county court of Warren, at their June term, 1802; and it shall be the duty of the Register of the land office, when the plat and certificate of said survey shall be returned to his office, to issue a patent for the said two hundred acres of land to the said Christopher Heavner. Sec. 2. This act shall not be construed to give a preference to the claim of said Heavner, over the claim or claims of other persons, conflicting therewith, if any such there be, nor in any other manner, than to complete the title of said Heavner by carrying the same into grant. CHAP. CCCCLXIII. AN ACT to permit James Lewis to build a Mill Dam on the North Fork of the Kentucky River. Approved, January 13, 1831. SEC. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful, for James Lewis, of the county of Perry, or his heirs or assigns, to build a dam at the ripple, in the North fork of the Kentucky river, at his house, 1831. not exceeding three feet high at the middle of the river, for the purpose of working a grist and saw mill, and any other water works he or they may think proper to erect. Sec. 2. Be it further enacted, That the county court of Perry, shall have the power to cause said dam to be pulled down or lowered, at the expense of said Lewis, whenever it shall be proven to their satisfaction, that it is an obstruction to the navigation of the river; and that they may at any time, cause the said Lewis, his heirs or assigns, to build a slope to said dam in such manner, as shall be by them described. Provided, The said Lewis shall have reasonable notice of the time any such motion is intended to be made. Recital. to view and CHAP. CCCCLXIV. AN ACT to establish a state road from Hopkinsville by the way of Cadiz, Canton, J. C. Pentecost's Ferry, on the Tennessee River, Waidsboro' and Mayfield, to the town of Columbus, on the Mississippi River Approved, January 13, 1831. WHEREAS, it appears to the General Assembly of Kentucky, That it would greatly conduce to the convenience and interest of the public, to cause a state road to be opened from Hopkinsville, by the way of Cadiz, Canton, John C. Pentecost's Ferry, on the Tennessee river, Waidsboro' and Mayfield to the town of Columbus, on the Mississippi river: wherefore, SEC. 1 Be it enacted by the General Assembly of the Commission- Commonwealth of Kentucky, That Henry Hauley of ers appointed Christian county, Edmund Bacon of Trigg county, mark the pro- B. Ward of Calloway county, John Anderson of posed road. Graves county, and Joseph Grundy of Hickman counTheir duties, ty, be, and they are hereby appointed commissioners, pay and mode whose duty it shall be, or a majority of them, to view of payment. and mark out the best, and most practicable route for a road from Hopkinsville, by the way of Cadiz, Canton, John C. Pentecost's ferry, on the Tennessee river, Waidsboro' and Mayfield to the town of Columbus, on the Mississippi river, which commissioners shall receive one dollar and fifty cents per day each, for their services while necessarily engaged in performing the duties assigned them by this act, which shall be paid out of the several county levies, through which said road runs; and the said commissioners shall make out their accounts separately of the time they have been engaged in each county, which they shall swear to before some justice of the peace of one of said counties; and, on their account being so sworn to, and presented to the county court of each county; at their next court of claims, the said counties shall levy the same on their respective counties, for their benefit. 1831. courts of the Sec. 2. Be it further enacted, That it shall be the To make reduty of said commissioners, to make said review in the ports to the month of April next, if practicable, if not, so soon several counthereafter as may be; and it shall be their duty also, ties through to report to the county courts of each county, through which the road is prowhich said road passes, the whole of their proceedings, posed to be describing as accurately as possible, the kind of ground run. and the water courses over which it runs; and also to report as accurately as they can, through whose land said road is proposed to pass, and whether there be any objection on the part of any of the land holders to said road passing through their land; and it shall be the duty of the county court, of the county in which any such objection be made, to issue their summóns against the owner of said land, who may reside in said county, returnable to the court next succeeding the making said report, to shew cause, if any, why said road should not be opened; and upon the appearing of said owner or owners, and shewing cause why said road should not be opened through their land, it shall be the duty of the county court, of the county in which said land lies, to issue their writ of ad quod damnum, directed to the sheriff of said county, whose duty it shall be, to proceed thereon as now directed by law, in other cases in relation to public roads. And it rized to conshall also be the duty of the county courts, where any demn land writ or writs may be returned to them, awarding or for the locaassessing to any individual or individuals any damages, road. if they deem it expedient, at their next court of claims, to cause an order to be entered up, in favor of said in- Mode of as'dividual or individuals, for the amount of the damages sustained by them respectively, and shall lay a levy ges. sufficient to cover the amount of said claims. Who autho tion of the sessing and paying dama Sec. 3. Be it further enacted, That it shall be the County duty of the several county courts, through whose courts to 1831. cause the roads to be opened, appoint overseers, allot hands, &c. The road, when opened, not to be changed, but to be kept in good repair. county said road shall pass, at the next county court after the return of the commissioners aforesaid shall have been made, or as soon thereafter as convenient, to lay off so much of said road as shall pass through their respective counties into convenient precincts, and appoint to each an overseer, and allot to each overseer, a sufficient number of hands to perform the necessary labour within his 'bounds; and it shall be lawful for each overseer to give notice to each person within his bounds, of the time and place of working on said road; and the said overseer and hands shall, in all other respects, be governed by the laws now in force in relation to working on roads. And it shall be the duty of the said overseers, to cause the said road to be opened twenty feet wide, the stumps well cut, the banks of creeks and other sideling places, to be well dug and graduated, and all marshy places to be well causewayed, so as to admit of a convenient passage for all kind of carriages. Sec. 4. Be it further enacted, That when the said road shall have been opened as aforesaid, it shall not be lawful for the county courts of said counties to alter or change the same, but they shall, at all times, appoint overseers and a sufficient number of hands to keep the same in good repair. The county courts of Floyd and Morgan, au thorized to CHAP. CCCCLXV. AN ACT to make some changes in the state road in Floyd and Morgan County. Approved, January 13, 1831. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county courts of Morgan and Floyd counties, shall have full power to appoint four disinterested commissioners, any three of whom may act, after being duly sworn, impartially to make certain review that part of the road leading from Mountsterchanges in the ling to Prestonsburg, which passes over the land of John Gose and Elliott Hill of Floyd county, and William Cockerill of Morgan county, beginning above the narrows near said Gose's farm; and the said commissioners shall report to the said county courts, the conveniences and inconveniences the public as well as state road, at the expense of those ma king the application. individuals may sustain by the change which is contemplated; and on the return of said reports, the county courts aforesaid shall have full power, if they deem it advantageous to the public, to make an order to change said road at the expense of said Gose, Hill and Cockerill, each being liable to the amount of expense accruing on the change of that part of the road passing through their land, and liable to an equal proportion of the expense, of so much of said road, as passes through any other land. The road shall be opened and completed in every respect agreeably to the provisions of the act of Assembly, authorizing the opening of the road from Mountsterling to the Virginia line, which road, when so changed, shall be governed in all respects by the laws now in force. Provided, however, It shall be necessary that when the county courts aforesaid, make an order to change the aforesaid road, a majority of all the justices in commission, in the aforesaid counties shall be present. 1831. Proviso. CHAP. CCCCLXVI. AN ACT to extend the terms of the Oldham, Bullitt, and Approved, January 13, 1831. SEC. 1. Be it enacted by the General Assembly of the Oldham eirCommonwealth of Kentucky, That hereafter the circuit cuit court court for the county of Oldham, (instead of six,) shall may sit 12 continue to sit twelve juridical days at each term, if the business thereof shall require it. days. February Sec. 2. Be it further enacted, That hereafter the term of the February term of the Spencer circuit court, shall continue twelve juridical days, if the business of said court shall require it. Sec. 3. Be it further enacted, That the April term of the Bullitt circuit court, shall be held twelve juridical days, if the business thereof require it. K Spencer cir- circuit court |