quired are not complied with by the said Preston, within twelve months from the approval hereof, then the grant of the Ferry privilege herein shall be null and void: Provided, that after said Ferry shall go into operation, according to the true intent and meaning hereof, said Preston may land his Ferry Boat, and discharge and receive on board, at any other place in said city, where he may own the land adjoining the river, or shall have the consent of the proprietor of the landing. Approved March 5, 1850. 1850. CHAPTER 422. AN ACT in relation to Ferries in Campbell County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the County Court of Campbell county, and said court shall have power, from year to year, to alter or change, in any manner, the rates of ferriage allowed to be charged at any ferry or ferries in said county: Provided, that the owner, lessee, keeper, or any person in charge of any ferry or ferries, at which such alteration or change of rates is desired to be made, shall have five days' notice, before the sitting of said court, of such intended alteration or change of said rates. Approved March 6, 1850. CHAPTER 424. AN ACT to amend the Penal Laws of this Commonwealth. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if any person or persons shall build, erect, or cause to be built or erected, or shall place or cause to be placed, in Green, Barren, or the Kentucky rivers, within the influence of slackwater, any pier, dock, wharf, or embankment, or any other kind of work whatever, or who shall extend or enlarge any such work now begun, so that the current of the river shall be changed thereby, or the channel of the river be affected thereby, or that shall form places of lodgement for drift, logs, sediment, or other deposits, that may change the current or affect the channel of the river, he, she, or they, offending, shall be held and deemed guilty of a misdemeanor, and shall be fined not less than three dollars for every day said work shall be allowed to remain. SEC. 2. Be it further enacted, That it shall be the duty of the President, Directors, agents, or managers, of every bridge company now existing, or that may hereafter be allowed to be built, in either of said rivers, to keep their abutments, piers, pillars, or other bridge works, free of drift 1850. Agents on riv. ers to see that this act is enforced. Prosecution in whose name to be carried on, & fines applied. Not to extend to works tem porarily erected. logs, or other obstructions that tend to alter or change the current or channel; and every President, Director, manager, or agent, failing so to do, shall be liable to a fine of five dollars per day for every day any such obstruction or lodgement is allowed to remain, as well as to damages by action on the case in favor of any or every person whose property may be injured by reason of any such obstruction. SEC. 3. Be it further enacted, That it shall be the duty of the agents or managers of the rivers, aforesaid, on the part of the State, to see that the provisions of this law be enforced against all and every person or persons violating the same; and the fines assessed shall be paid to the Board of Internal Improvement, and be by them expended in improving said rivers and removing obstructions therefrom. SEC. 4. Be it further enacted, That prosecutions for the penalties under this act shall be in the name of the Commonwealth, by indictment of the grand jury, and no prosecutor shall be required; and the fines and costs may be collected as fines and costs imposed for a violation of the penal laws of this Commonwealth; and the indictment may be joint or several against all persons violating the provisions of this act. SEC. 5. Be it further enacted, That the provisions of this act shall be held not to extend to works temporarily erected in constructing bridges, nor to works to protect the washing away of the river banks, nor to the making of landing places, that do not change or alter the current or channel: Provided, that nothing herein contained shall be construed so as to interfere with vested rights. Approved March 6, 1850. CHAPTER 432. AN ACT declaring Tom's creek, in Johnson County, a navigable stream. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Tom's creek, in the county of Johnson, from its mouth up as far as James Ramy's, Esq., is hereby declared a navigable stream, and any person obstracting said stream within the above named points, than is provided for by this act, hereafter, shall be amenable to the laws now in force against obstruction of navigable streams in this Commonwealth. SEC. 2. This act shall in no wise interfere with the mills or dams, now across said Tom's creek, provided they are built no higher. SEC. 3. Adam Bowen is hereby authorized to rebuild his mill dam across said Tom's creek, at the site owned and heretofore occupied for a mill dam, provided he does not build said mill dam higher than the preceding one was. All laws coming within the purview of this act are hereby repealed. Approved March 6, 1850. CHAPTER 437. AN ACT concerning the County Court of Bath. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the officers superintending the election, at the different election precincts, to open a poll at the next August election in the county of Bath, at which all the qualified voters of said county may vote for or against the levying a tax of ten cents upon each one hundred dollars worth of property, taxable under the revenue laws of this State, to be applied to the construction and completion of the Owingsville and Sharpsburg Turnpike Road; and if a majority of those voting at said election, for or against said additional taxation, the county officers shall proceed to levy and collect the same, in the same manner that taxes for revenue purposes are now levied and collected, and the same pay over to the President of said turnpike road; and in case of the failure of the Sheriff to pay over the sum thus collected, by the second Monday in January, 1851, the President of said road may proceed against him and his securities, by motion, in the Bath County Court, and have judgment and execution as in other cases of delinquency. Approved March 6, 1850. 1850, CHAPTER 444. AN ACT to amend the first and second sections of an act to amend the Approved March 6, 1850. CHAPTER 448. AN ACT to amend the law in relation to Sheriffs' bonds. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the penalty of the bond required by law 1850. to be executed by the Sheriff of any county, conditioned for the collection and accounting for all officers' fees and dues, for the execution of all process and precepts, for the payment of all sums of money collected under execution, and for the faithful performance of the general duties of his office, shall hereafter be fixed by the Court before which said bond shall be executed, in a sum which, in the judgment of said Court, will be sufficient to secure the faithful execution of the duties of the Sheriff embraced in the condition of said bond: Provided, that the penalty of said bond shall not, in any case, be fixed at less than three thousand dollars, the penalty now required by law. Approved March 6, 1850. Com'rs appoin ted. missioners. CHAPTER 460. AN ACT authorizing the construction of an Arsenal for the preservation of the Public Arms. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That for the purpose of preserving the Public Arms, Ambrose W. Dudley, E. H. Taylor, and Philip Swigert, be and they are hereby appointed Commissioners to superintend the erection of an Arsenal, on any ground not less than one half mile from the Capitol, which said Commissioners, with the approbation and consent of the Governor, may select for that purpose. SEC. 2. It shall be the duty of said Commissioners to Duty of Com cause to be erected a building, for the purpose mentioned in the first section of this act, according to such plans and specifications as they may deem best suited for a building for said purpose-the cost, however, is not to exceed the sum appropriated by this act. Amount ap. propriated. SEC. 3. Be it further enacted, That the sum of eight thousand dollars be and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the purpose of erecting said building; for which a warrant shall be issued by the Second Auditor, upon the requisition of said Commissioners, or a majority of them. And if a vacancy should occur in the commission hereby created, by Vacancy how death or refusal to act, such vacancy shall be filled by the Governor. Alled. Further duties ers. SEC. 4. It shall be the duty of said Commissioners to cause said building to be completed, if practicable, during the of Commission present year. And it shall be their duty to require any person or persons, with whom a contract may be made for the erection of said building, or any part thereof, to execute bond, with such security as the Governor may approve, for the faithful performance of his or their undertaking; which bond shall be made payable to the Commonwealth of Kentucky, and deposited in the office of the Second Auditor; and for any breach thereof, an appropriate action may be instituted in any Court of this Commonwealth having jurisdiction. 1850. Approved March 6, 1850. CHAPTER 470. AN ACT to amend the law in relation to the Deaf and Dumb Asylum. WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that many of the unfortunate Deaf and Dumb children of this Commonwealth are excluded from the charity of this State by the wording of the law admitting pupils into the Asylum for the tuition of the Deaf and Dumb. For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Trustees of the Kentucky Institution for the Tuition of the Deaf and Dumb to receive into said Institution any pupil of this Commonwealth (within the proper ages) who may be Deaf and Dumb; and if the parents, guardian or friends of any such pupil shall fail to make provision to pay for the education and support of such pupil, while in the said Institution, the same shall be paid by the Treasurer of this State, in the same manner and at the same rates as payments are now made for the other pupils in said Institution. Approved March 6, 1850. CHAPTER 473. AN ACT to amend the road laws. Applicants in relation to road give bond when appeals are taken, &c. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That where any person who has, or shall hereafter make, a motion before the County Court to of any county in this State, after giving the necessary notice as now required by law, to discontinue a road established by said Court, upon the failure of said Court to discontinue said road, he or they shall have the right to take an appeal from their decision to the Circuit Court of said county, at any time within two years, by the person or persons, making the motion, entering into bond, with good security, in a penalty sufficient to cover all costs incurred in consequence of said appeal. SEC. 2. That when the appeal bond shall be executed before the Clerk of the Circuit Court, that the motion shall stand as an original suit, and the Court shall proceed to hear all legal evidence, both written and parol, for and against said road; and if the Court should be of opinion said road ought to be discontinued, in consequence of said road being of but little benefit to the public, or in conse Circuit Courts may discontinue roads under cer. tain circumstan. Appeals ces. ma y te taken from decision of Circuit Courts, to court appeals |