nut Hill Turnpike Road Company, and pay the same out of the net dividends of the said Richmond and Lexington Turnpike Road Company, and receive and hold and draw dividends on the amount of stock subscribed: Provided, The Athens and Walnut Hill Turnpike Road Company shall, in good faith, construct, within two years, a turnpike or macadamized road from Athens, in Fayette county, to a point of intersection on the Richmond and Lexington Turnpike Road, between gate No. 2 and Kentucky river. §2. This act shall take effect from its passage. Approved January 29, 1874. 1874. CHAPTER 129. AN ACT relating to opening and repairing roads in Boone county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: divide county into road districts. §1. That at the April term, 1875, of the Boone county County court to court, to consist of the presiding judge and the justices of the peace in said county, or a majority of them, who shall be summoned by the said judge to meet with him, shall divide each one of the ten civil districts or election precincts in said county into four road districts, each of said four districts to contain as near the same number of miles of road as may be, without actual measurement; and also as near the same number of persons who are by law required to work on the roads; the boundaries of said districts to be clearly defined, and copied in the order-book · of said court. §2. That the court shall levy upon each person in the county of Boone, who by law is required to work on the public roads of said county, a tax of two dollars annually, which shall be collected by the sheriff as other taxes, and shall be expended in the road district in which such taxpayer resided at the time of the assessment of the same, under the direction of the surveyor of roads in said district, only in the improvemeut of the public roads of said district. § 3. It shall be the duty of the assessor of said county, when he takes the lists of taxable property for said county for each year, to rule a column, and take a complete list of every male inhabitant of said county who is, by the general laws of the State, required to work on the public roads; which lists shall be copied by the clerk on the book delivered to the sheriff. The sheriff shall settle, account for, and report the taxes collected under this act, and the delinquents of whom the same cannot Court to levy road tax. Duties of assessor under act. Duties of sheriff under act. 1874. Tax may worked out. be d str cs separate; be made, at the same time and in the same manner as is provided in relation to the ordinary county levy. § 4. The tax provided for in the preceding sections of this act may be discharged in work and labor done upon the public road, within the proper district of each person so assessed, under the direction of the surveyor of the road, at the rate of one dollar for each full day's work; and it shall be the duty of each surveyor of public roads in said county to give to every person, within the limits of his district, a certificate showing the number of full days' work performed as aforesaid; which said certificate shall be receivable by the sheriff in discharge of the taxes provided for in the second section of this act. § 5. The assessor shall keep the lists of each civil district Assessor to keep or election precinct separate, and he and the county clerk his compensation. shall be allowed a reasonable compensation for the services performed under this act by the court of claims for said county. The sheriff shall be allowed the same commissions as are by law allowed for collecting the county levy. Compensation of sheriff. County court to appoint survey. duties. § 6. The county court shall, at its April or May term, 1875, and annually thereafter, appoint in each road disors and their trict, as provided in the first section of this act, some discreet and proper person as surveyor of roads for said district, who shall be notified of his appointment in the manner provided for in the General Statutes, section twenty-six, chapter ninety-four, title "Roads and Passways.' It shall be the duty of the surveyor to superintend the opening, repairing, and keeping in repair all the public roads in his district. He shall, between the first day of April and the first day of July in each year, notify all persons who may elect to pay their poll-tax assessed for road purposes in work, of the time he desires them to work, and of the place where he wishes the work to be done, by giving them at least two days' notice; he shall report to the court at the expiration of the time for which he was appointed surveyor, and sooner if required by the court; said report shall be verified by oath, and shall show what amount of road funds came into his hands, to whom, when, and for what purpose the same was expended; and he shall be allowed, as compensation, two dollars for each full day he is actually engaged in the services required by this act, which sum he may retain out of any funds in his hands And for a failure to perform any of Penalty for the duties required of him by this act, he may be profailure to perform ceeded against by the presentment of a grand jury, and, upon conviction, shall be fined by the circuit court in any sum not less than five dollars nor more than twenty dollars, in the discretion of a jury. duties. 7. The court shall levy a tax of five cents on each one hundred dollars' worth of property which by law is taxed for revenue purposes, which tax shall be collected by the sheriff of the county in the same manner and under the same responsibilities, and shall be allowed the same compensation as is provided by law for collecting the public revenue, and he shall pay over the same to the several surveyors of roads upon the order of the court. The court will order that all the tax and levy collected by the sheriff shall be equally distributed among the several surveyors of roads in the civil district or election precinct in which said taxes were assessed. 1874. Court to levy ad valorein tax, and how disposed of. clerk under act. 8. As soon as the assessors' books are returned, and Duties of county the levy made, the clerk shall make out a copy of the assessment for each election district separately, and by it and the levy he shall make a statement of the amount of the road tax due from every person in each civil district or election precinct, and the amount from every person who owns property in a district and resides elsewhere: Provided, That where parts of the same tract of land lies in two or more election districts, it shall be included in that civil district in which the owner resides; and this copy and statement shall be given to the sheriff. 9. That the court shall order a poll opeĥed at each of the places of voting, at the election to be held in said county on the first Monday in August next, "For or against the road law," and the result of said vote shall be declared by the board of examiners, who examine the polls of other elections to be held at the same time; and if it shall be found that a majority of those who voted on the question have voted for the "road law," then this act to be in force: Provided, That the general road laws of the State of Kentucky shall remain in force, and applicable to Boone county, until the first Monday of April, 1875. § 10. That it is hereby made the duty of the county court, for at least one month before the vote is taken, as provided for in this act, to have this act printed, and posted up at one or more places in each election district in said county, and also at or near the polls on the day of election. § 11. The court may, from time to time, change or alter the boundaries of the road districts, as provided for in the first section of this act, whenever it shall appear that such change is necessary and proper; and wherever a county road may be a dividing line between two civil districts or election precincts, the court shall so divide the same as that equal portions thereof shall be included in each of the said districts. Act to be submitted to people. Notice to be given of election. Court may change or alter boundaries of road districts. 1874. § 12. Be it further enacted, That all acts or parts of acts coming in conflict with this act, so far as they apply to Boone county, be, and the same are hereby, repealed. Approved January 29, 1874. changed. CHAPTER 131. AN ACT to amend an act to incorporate the Lebanon and Pope's Creek Be it enacted by the General Assembly of the Commonwealth of § 1. That section one of the above recited act be, and Beginning point the same is hereby, so amended as to authorize the beginning point for the construction of said road to be at the mouth of Thomas Jackson's lane, in the limits of Lebanon, or at any other point in or near said town the president and directors, when elected, may prescribe. § 2. That section two of said act be so amended as to When company authorize the company to organize for the election of officers of said company when two thousand dollars of stock shall have been subscribed. may organize. of road. §3. That section five of said act be so amended as to Width and grade prescribe that the grade of said road shall not be less than twenty feet wide, and the gravel or rock put thereon not less than sixteen feet wide, and to be at least ten inches deep in the center and five inches at the edges, and the elevation and depression of grade in the length of the road to be in no part over four degrees. may subscribe stock. § 4. That the subscription of five hundred dollars per County court mile, authorized by the original act to be made by the Marion county court to the capital stock of said company. may be made, from time to time, as the work on said road shall progress, and though less than five miles of road may be completed. § 5. This act shall take effect from its passage. Approved January 29, 1874. Co may sell court CHAPTER 132. AN ACT to authorize the county court of Garrard county to sell and convey the poor-house farm, and reinvest the proceeds. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county court of Garrard county, a majority of the justices of the peace being present and conhouse lands and curring therein, be, and they are hereby, authorized to sell and convey the poor-house farm belonging to Gar buy others. rard county, and invest the proceeds of such sale in other lands for like purposes. §2. That before the title to said poor-house farm shall pass by reason of any sale made as provided in section one of this act, the same shall be ratified by a vote of a majority of all the justices of the peace for said county in open court; and said ratification shall be entered in full on the order-book by the clerk of said court. §3. This act shall take effect from its passage. Approved January 29, 1874. 1874. Act to be ratified of justicesentered by majority vote of record. CHAPTER 133. AN ACT to prevent the destruction of fish in the ponds, lakes, and creeks in the counties of Hickman, Fulton, and Ballard, in this Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That it shall not be lawful for any person hereafter to place any net or drag any seine in any of the creeks, ponds, or lakes in the counties of Hickman, Fulton, and Ballard, for the purpose of taking fish in said waters, nor shall any poisonous drug or substance, or liquid of any kind, be cast in said waters for the purpose of catching and destroying the fish in the same. 2. Provided, that nothing herein shall be so construed as to prevent any person from fishing in said ponds, creeks, and lakes with hook and line, nor shall the same apply to any person owning the lands through which said creeks may run, or on which said ponds or lakes may be located. §3. That any person, save those excepted in section second, who shall violate the provisions of this act, shall be fined not less than ten dollars nor more than thirty dollars therefor; and that every twenty-four hours that said net or seine shall remain in said creeks, ponds, or lakes, shall be deemed a separate offense. to have jurisdic 4. That county judges and justices of the peace shall What authorities take special cognizance of this act, and shall, upon in- tion. formation received of its violation, issue warrants for the arrest of the offenders, to be dealt with as the law directs. 5. That this act shall take effect from and after the first day of June, 1874. Approved January 29, 1874. |