1860. in case owner of land fails to ment of damages in 12 mo's. require assess best, nearest, and most practicable route for a State road from Paducah to the town of Murray, in Calloway county, beginning at some suitable point on the present Gray's Ferry road, between Island creek and Clark's river, and from thence the nearest and most practicable route to Purcell's mill, on the west fork of Clark's river, and from thence the best practicable route to Murray; said road to be made thirty feet wide, twenty-five feet of which to be made smooth and clear of stumps; and said commissioners, or a majority of them, shall proceed to view and mark the road, and give notice thereof to those over whose lands the road is to run: Provided, They reside thereon, or may be known to said viewers; and if desired by said owners, that they estimate the damages he or she or they will sustain by the establishment of said road; and it shall and may be lawful for them to report all their proceedings in full to the McCracken county court, which court, in its discretion, is hereby authorized and empowered to adopt said report and ratify the same; and when done, said road so reported and ratified shall be a State road, and thereafter not to be changed by the county court of any county; said road to be thirty feet in width, and to be cleared smooth twenty-five feet in width. § 2. That if any proprietor of lands over which the road Proceedings may be established shall fail to require an assessment of damages by the commissioners, and shall apply to the county court of the county where the lands shall lie, any time within twelve months (and not after) from the adoption of the commissioners' report by the McCracken county court, the court of any such county shall make an order for the assessment of damages by a jury, (which shall be paid by such county,) who shall be governed by the provisions of the Revised Statutes concerning roads, as far as the same may be applicable. appointed after road is laid out. §3. That upon the establishment of said road by the Overseers to be commissioners and the county court in manner as aforesaid, it shall be the duty of the several county courts through whose counties said road shall pass, to lay off said road into convenient precincts within their respective counties, and appoint overseers and a sufficient number of hands to open and keep the road in repair. discontinued. § 4. That to whatever extent said road may be estabOther roads lished, on or with any other road or roads heretofore established by law or a county court, the establishment of the road under this act shall operate as a merger and discontinuance of such other road or roads, and the several county courts shall be governed accordingly. § 5. That said commissioners shall, before they proceed Commissioners to perform the duties assigned them under this act, take an oath before some justice of the peace to perform faith to take oath. 1860. Pay of com fully and impartially the duties assigned them under this May receive scriptions to make road in Clarke's Bot tom. § 6. That for the purpose of having that part of said road, which shall pass through Clark's river bottom, well opened private suband ditched, or thrown up in the middle, said commissioners are hereby authorized and empowered to receive private subscriptions from individuals for the completion of said road, and it is hereby made lawful for said commissioners, if necessary, to sue in their names as commissioners of said road, and recover such subscription money, and apply the same, as well as all other moneys to them paid, to the opening, ditching, and throwing up of said road. § 7. That this act take effect from its passage. Approved February 3, 1860. CHAPTER 131. AN ACT to charter the Fern Creek Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a company shall be formed under the name and style of "The Fern Creek Turnpike Road Company," for style. the purpose of making an artificial road with stone from a point near the second toll-gate of the Bardstown turnpike road, and extending five miles south to a point at or near James W. Graham's, running with or near the line of the old Shepherdsville dirt road. §2. That the capital stock of the company shall be fif teen thousand dollars, divided into shares of fifty dollars each; but the capital stock may be increased, if necessary, to twenty thousand dollars. Name and Capital stock. Books to be § 3. That books for the subscription of stock in said company shall be opened at such times and places as may be opened. agreed upon by the commissioners hereinafter appointed, viz: Lewis Smyser, Amos Seebolt, David Lynam, jr., Oliver P. Williamson, Jacob L. Smyser, John H. Seebolt, George Heafer, George W. Hikes, Henry Bence, and James W. Graham, or any one or more of them. The books may continue open until all the stock is subscribed. Corporate § 4. That so soon as said company is organized by the election of officers, the president and directors shall possess powers. all the rights, powers, and privileges, and shall and may do all acts and things necessary for laying out, causing survey, and for carrying on and completing said road; and the said company, under the name and style of the "Fern Creek 1860. Turnpike Company," shall have and enjoy all rights and privileges common to such corporations. § 5. That said road shall not be less than ten feet wide, Width of road. nor be of a grade exceeding twenty degrees. § 6. That if the construction of the road provided for by To commence this act shall not be commenced within five years from the passage hereof, the rights, privileges, and immunities hereby granted, shall be forfeited. road within five years. § 7. That whenever three continuous miles of said road When may are completed, the company may erect a toll-gate and charge toll thereat; the price per mile not exceeding the rate charged by the Bardstown turnpike company. erect gate. § 8. This act shall take effect and be in force from the passage thereof. Approved February 3, 1860. CHAPTER 132. AN ACT to incorporate the Garrard county and Wallace Mill Turnpike Road Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That persons who subscribe stock to construct a Body corporate turnpike road commencing on the Richmond and Lancaster turnpike road, at the Hiatt farm, in Garrard county, and running into Madison county, to or within one mile of Kirksville, and intersecting the Richmond and Lancaster turnpike at such point as the directors may designate, be a body politic and corporate, under the style of the "Garrard county and Wallace Mill Turnpike Road Company," and by that name may sue and be sued, and shall have perpetual succession, the capital stock of which shall not exceed twenty thousand dollars. to open books. § 2. The following persons shall be commissioners to Commissioners obtain stock in said company: James W. Estill, W. J. Gillispi, Cyrus Doty, James W. Black, Salem Wallace, Peter Gentry, Franklin Smith, any three of whom may, at any time they think proper, cause books for the subscription of stock to be opened at such place as they may designate by posting up advertisements at five or more public places in the vicinity of the proposed road. The stockholders shall be authorized to organize and elect a board of officers whenever five thousand dollars of stock is subscribed, and ten days' notice of the time and place of the election shall have been given at five or more public places in the vicinity of the subscribers. § 3. The said road shall be under the control and manWho to manage agement of a president and four directors, who shall, after the first election, hold their offices one year, and until their road. successors are elected and qualified. The first officers elected shall hold their offices from the time they are qualified until the first Saturday in May succeeding, and until the election of their successors. 1860. Provisions of charter of Dan made applica § 4. The provisions of an act of the General Assembly of the Commonwealth of Kentucky, approved the first of ville and HusMarch, 1844, entitled "An act to incorporate the Danville tonville road and Hustonville Turnpike Road Company," so far as the ble. same are not changed by this act, and are applicable, shall be the law governing the company hereby incorporated: Provided, That notices under this charter may be posted up in five or more public places in the vicinity of the proposed road, of calls on stock. § 5. The commissioners shall have ten years to organize under this act, from the date of its passage. Approved February 3, 1860. CHAPTER 133. AN ACT to confirm and amend the charter of the Lexington and Herriott Mill WHEREAS, Divers persons, residing in the counties of Fayette and Scott, subscribed money for the construction of a turnpike road from the terminus of the Lexington and Frankfort turnpike road to Herriott's Mill, in Scott county, its general course being the same as the old road; and whereas, the said subscribers were, on petition to the county courts of each of said counties, incorporated under the name of the Lexington and Herriott's Mill Turnpike Road Company; and the said company has completed its organization, received subscriptions to its stock, elected officers, made contracts, and constructed a large portion of the road; and whereas, the said orders of incorporation may have been irregular or defective, from having been made by different courts, or from some other cause; and, out of abundant caution, it is deemed prudent that an act be passed confirming the incorporation of the company, and the contracts made by and with it, and legalizing its past and regulating its future action. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the orders of the county courts of Fayette and Scott counties, establishing the said Lexington and Herriott's Mill Turnpike Road Company, be, and the same are hereby, legalized, confirmed, and made valid and effectual, ab initio; and that the said association, now acting as such company, be, and it hereby is, confirmed and established as a body politic and corporate, having all the rights and Order of Fayette and Scott establing road County courts legalized. 1860. legalized. powers, and subject to all the obligations and responsibilities of a corporation duly established under and pursuant to the provisions of chapter 103 of the Revised Statutes; and it shall be, in all respects, subject to the provisions of said article, except as herein otherwise directed. § 2. That all the past acts, contracts, and other proceedActs of comp'y ings, of the said company, and all conveyances and releases of rights of way and other interests to it, and all contracts and promises made with and to it, and all subscriptions to its stock, and undertaking to pay it or its officers for stock, are hereby made and declared to be legal, valid, and obligatory, as fully as if the same had been made or taken place under or in connection with regular and valid orders and proceedings of incorporation by the county courts, or under and after this act. and route of road. § 3. That the name of said corporation shall hereafter Name & style, be the Bethel Turnpike Road Company; and by that name it shall have power to contract, to sue and be sued, as well upon the contracts heretofore as upon those hereafter made by it. It shall have power to construct and finish a stone turnpike road between the points aforesaid along the general route of the Bethel dirt road; but may make such deviations therefrom, and such alterations of the designated route, as the board of managers may determine upon. And, with a view to that, the said company may, with its agents and employees, enter upon the land and inclosures through and over which they may desire the said road to pass; may survey routes, examine quarries of stone and gravel, and contract with the owners for the use thereof for said company; and if said company and the owner of any land or quarry needed for the company do not agree on terms for the use thereof, the said company may have the same condemned in the manner prescribed in said chapter 103 of the Revised Statutes, entitled "Turnpikes and Plank Roads;" and it shall, besides, have full power to do any and every act (not inconsistent with law) necessary and proper to carry into effect the objects of this charter. § 4. That the capital stock of said company shall be Capital stock. fourteen thousand dollars, divided into shares of fifty dollars each; and, accordingly, each present share shall be divided into two. The board of managers, at their discretion, may receive further subscriptions to the stock until it reaches the amount herein specified. May condemn houses, &c. § 5. That said company may cause land to be condemned for toll-houses; may erect toll-gates; may exact land for toll- toll on the terms, in the manner, and to the extent prescribed and authorized in said chapter of the Revised Statutes; and the said company may erect a gate and exact toll at or near each terminus of the road when completed; but in that case shall only exact half toll at each |