1830. road to be through whose land said road will lead, if opened, and report in which county the land lies; whereupon it shall be the duty of the county courts as County courts aforesaid, to issue summons against the owner of may cause the said land, who may reside in their respective coun- opened &c. ties, returnable to the court next succeeding the making of said report, to show cause, if any, why the said road should not be opened; and upon the appearing of said owners or occupiers, and protesting against the opening of said road, it shall be the duty of such county court, when application may be made, to award a writ of ad quod damnum, directed to the sheriff of the county in which such application may be made; whose duty it shall be, to sunmon twelve good and lawful jurors, to ascertain and assess what damage, if any, the said applicant will sustain by reason of said road leading through his land, and the said sheriff shall, in all other respects, proceed to execute said writ in pursuance of the law now in force in relation to writs of ad quod damnum. Sec. 2. Be it further enacted, That upon the return Discretionary of said writ or writs, to either of the aforesaid coun- power to open ty courts, it shall be the duty of the said county to the county the road given court to receive the same, and if they deem it expe- court. dient, direct the opening of the said road in pursuance to the first section of this act. Sec. 3. Be it further enacted, That the county Overseers to be courts of Franklin and Owen, through which the appointed &c. said road will pass, may, at their next county court, (after they shall establish said road,) or as soon thereafter as may be convenient, lay off the same into convenient precincts, and appoint to each an overseer, and allow to each overseer a sufficient number of hands to perform the necessary labor, within his bounds, and it shall be lawful for each overseer so appointed, to give all persons within his bounds, a legal notice 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 said overseers to cause the said road to be opened thirty feet wide, the stumps well çut, the banks of creeks and other sidling places to be well dug, and all marshy places to be well causewayed so as to admit of a convenient passage for wagons. Sec. 4. Be it further enacted, That each of said Their pay. commissioners so employed, shall receive for his 1830. Vacancy filled When com❜rs to proceed. services, one dollar for each day that he may be necessarily engaged in the duty required by this, act, which shall be paid equally by the counties through which said road passes. Sec. 5. Be it further enacted, That if either of the commissioners named in this act, shall fail or refuse to act, it shall be the duty of the county court of the county in which said cominissioner may reside, to appoint another in his place, and said commissioners shall, before they proceed to the discharge of the duties assigned them by the provisions of this act, to take an oath before some justice of the peace for Franklin county, faithfully to perform their duties as commissioners, and said commissioners shall commence at the town of Frankfort, on the third Monday in June next, or as soon thereafter as practicable, and proceed to view and mark said road, as by this act required. A board of internal improve ted for Shelby County. ment constitu CHAP. CCCLIX. AN ACT to constitute a board of Internal Improvement for Shelby county. ̧ Approved, January 29, 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John Younger, Singleton Wilson, Adam Middleton, James Bradshaw, George P. Miller, Henry Crittenden, Henry Bohannon, Charles S. Todd, Samuel Tevis, Dr. Joseph Venable, James Burnett, George Smith and Joshua D. Grant, be, and they are hereby constituted a board of Internal Improvement, for the purpose of inaking a turnpike road through the county of Shelby, from the Franklin county line, passing through the town of Shelbyville to the Jefferson county line, in the direction to Louisville And that they may Incorporated, be the better enabled to effect the said object, the and style of the corporation. General cor porate powers conferred. said board is hereby constituted a body politic and corporate in deed and in law, under the style and name of the "board of Internal Improvement for Shelby county," and under the said style and name shall have perpetual succession, and all the privileges, immunities and franchises of a body corporate and politic, and as such shall be capable of purchasing, taking, and holding to them and their successors and assigns, and of selling, transferring and conveying in fee simple, all such lands, tenements and estate, real, personal or mixed, as shall be necessary to them in the prosecution of their work; and to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, before all courts of record, and other judicial tribunals whatsoever, and also to make, have and use a cominon seal, and the same to break, alter or renew, and to do each and every act, which a body corporate and politic as such may lawfully do. 1830. May open books and receive subscriptions for stock. Sec. 2. Be it further enacted, That the said board shall be, and they are hereby authorized and empowered, to open books and receive subscriptions for stock in said road, to the amount of sixty thousand dollars, dividing the same into shares of one Who may behundred dollars each, and they are authorized to re- come subscriceive subscriptions for stock from all persons of law-bers for stock. ful age, and also from corporations, and also from the county court of Shelby, upon such terms and conditions as they may think proper. May divide the road into sec tions and constitute sepa Proviso. and collect an Sec. 3. Be it further enacted, That if the said board may deem it expedient, they are hereby authorized and empowered to divide said road into several sections or parts, and constitute separate companies up- rate companies on said sections or parts, subject to the general con- under their sutrol and superintendance of said board, and the by- perintendance laws which they may, from time to time, ordain and establish: Provided however, that the number of said companies shall not exceed one for every five miles of said road. Sec. 4. Be it further enacted, That whenever the Shelby county county court of Shelby shall have been petitioned court may levy in writing, by a majority of the qualified voters in ad valorem tax Shelby county so to do, they shall be, and they are hereby authorized and empowered to impose an ad valorem tax, not exceeding six and a fourth cents up on every hundred dollars worth of property, which may at that time be subject to taxation within the limits of said county, and appropriate the same to subscription for stock in the said road, and apply the proceeds of said stock to lessen the county levy. Sec. 5. Be it further enacted, That the said board Board may enshall be, and they are hereby authorized and em- act by-laws & powered, from time to time, to ordain and establish such by-laws as they may deem expedient and necessary; and such by-laws so established, shall be obligatory upon the said board, and such officers as they may think proper to create, together with the to pay for their stock, if a macitizens petijority of the tion for the purpose. 1830. When 450 scribed, the Governor may subscribe on behalf of the state 150 shares The treasurer of the state to vote in general meetings. Money appropriated to pay the state sub'n stockholders in said road, and all other persons hav ing necessary connexion with the said corporation: Provided however, that such by-laws shall not conflict with the laws of this Commonwealth. Sec. 6. Be it further enacted, That as soon as the said board of Internal Improvement shall have obshares are sub- tained subscriptions to the amount of four hundred and fifty shares, they shall notify the Governor thereof, who shall thereupon subscribe, for and in behalf of the Commonwealth, one hundred and fifty shares to the capital stock of said company, and the treasurer of the state, until otherwise directed by the General Assembly, shall attend by himself or by his proxy at all public meetings of the said company, and vote on behalf of the state, as other stockholders; and any money in the treasury, not otherwise appropriated, arising from dividends or distribution from the Bank of Kentucky or otherwise, is hereby appropriated to pay the instalments of the shares so subscribed for on the part of the state, as the said instalments shall, from time to time, be called for or become due: Provided, that the Treasurer of this Commonwealth shall pay in no part or instalment of said stock hereby authorized to be subscribed until it shall satisfactorily appear to him that three times the amount required of him shall have been actually paid in by the other stockholders: And provided also, that the subscription on the part of the state shall be withdrawn unless the work shall have been actually commenced, within two years from and after the passage of this act. Proviso. Further proviso. Regulations of the board. Sec. 7. Be it further enacted, That so soon as the said company is organized, they shall possess all the and privileges powers, rights and privileges, and shall and may do all the acts and things necessary for carrying on and completing said turnpike road, and for laying out the same; and shall be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, (if any,) and be entitled to the like tolls and profits as are given and granted to the President, managers and company of the Lexington and Frankfort turnpike or rail road company; and all that part of the act incorporating said company, approved Feb. 7th, 1828, beginning with the Sth section and ending with the 27th section, both inclusive, shall be, and is hereby adopted as part of this act, except so much of the 13th section thereof as requires the artificial part of Part of act of 1828 incorpo rating said co. adopted as a part of this charter. said road to be twenty feet in width, and in lieu thereof, the said board may cause the same to be made eighteen feet in width. 1830. Sec. 8. Be it further enacted, That a majority of Quorum. said board shall constitute a quorum to do business. Stock to be in And provided, the capital stock in said companies shall gold or silver. be paid in gold or silver. CHAP. CCCLX AN ACT to incorporate the Green and Barren river Approved, January 29, 1830. Greed river SEC. 1. Be it enacted by the General Assembly of the A Commonwealth of Kentucky, That a company shall be corporated to company informed under the name, style and title of the "Green improve the River Navigation Company," for the purpose of navigation of constructing suitable locks, dams, docks, basins, ca- and its tributanals, chutes and slopes, upon Green river and its tri- ry streams. butary streams, with a view to render them permanently navigable, for ascending as well as descending boats and water craft. Sec. 2. Be it further enacted, That the capital stock Amount of of said company shall be sixty thousand dollars, to capital stock. be divided into shares of twenty-five dollars each. Sec. 3. Be it further enacted, That books for the Books for the subscription of stock in the said company, shall be subscription of opened on the fourth Monday in March, in the stock to be town of Bowlinggreen, under the direction of Isaac opened atReese, Abraham Larsh and Henry Grider; in the Bowlingreen. town of Glasgow, under the direction of James Glasgow. Murrell, William Parish and John Garnett, jun.; in the town of Brownsville, under the direction of Brownsville. John Rountree and Augustus M.. Barrett; in the town of Munfordsville, under the direction of Munfordsville. George T. Wood and John B. Cobb; in the town of Greensburg, under the direction of Peter B. Atwood, Greensburg. Elijah Creel and John P. Little; in the town of Litchfield, under the direction of James H. Worth- Litchfield. am and John Cunningham; in the town of Green- Greenville. ville, under the direction of William Kincheloe and James Weir; in the town of Morgantown, under the Morgantown, direction of James Tyler, Robert Morrison and Wil liam Carson; in the town of Hartford, under the Hartford. direction of William M. Davis, William C. Rowan |