CHAPTER 173. AN ACT to incorporate the Richmond and Tate's Creek Turnpike Road Com pany. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a company is hereby created under the name and style of the Richmond and Tate's Creek Turnpike Road Company, for the purpose of making a gravel or macadamized road from Richmond, in Madison county, to the mouth of Tate's creek, by the way of the south or town fork thereof. 1860. Name & style of company. §2. The capital stock of said company shall be twenty Capital stock. thousand dollars, which shall be placed under the board of• managers hereinafter named, and their successors in office, for the purposes contemplated by this act. § 3. The following named persons are hereby made a board of managers to contract for, and superintend the building of said road, and to locate the route thereof, towit: Wm. Quincy_Davis, president; Alfred C. Turner, treasurer; George P. Deatherage, Townsend Million, Jas. W. Kanatzer, Newland Jones, Gen. Bartleson Taylor, Squire Million, directors; they, and their successors, are hereby made a body corporate, and are vested with full power to carry out the objects of this act. Board of managers. Body corporate Managers to locate & build Vacancy-how appointed. § 4. That when this charter shall have received the sanction of the Legislature, the aforesaid board of mana- road. gers shall proceed to locate, build, and manage said road; having first taken an oath before the county court clerk of Madison county to perform the duties of their offices faithfully, and to locate said road without favor or affection, and to the best of their judgment. If any of the aforesaid board die, resign, or refuse to act, or if in any other filled. way a vacancy shall occur, it shall be filled by the remainder of the board. The president and directors shall have the power to appoint a secretary, and such other offi- Officers may be cers and agents as they may deem necessary, who shall hold their offices at the discretion of the president and directors, who may appoint others in their places. Before the treasurer enters upon the duties of his office, he shall execute give bond-his bond with two or more securities, to be approved by the said president and directors, payable to the said company, conditioned that he will faithfully discharge the duties of his office, and account for and pay over to the board of managers of said company, or to their order, all moneys that may come to his hands as such; he may be required by the president and directors to attend all the meetings of the board of managers, and may also, in addition to his specific duties as treasurer, be required to do those duties that properly belong to the office of secretary, to meetings of any kind, and such other duties as may be thought fit and Treasurer to duties, &c. 1860. Name and style, and cor proper for him to discharge; he shall have no vote in any matter that may come before the board; nor shall the president, only in the case of a tie between the directors, then he shall give the casting vote. § 5. To better enable the board of managers to carry out the objects of this charter, it is hereby declared a body porate powers. corporate and politic, in deed and in law, by the name and style aforesaid, and shall have perpetual succession, and all the privileges and immunities and franchises of a body corporate and politic, and shall be capable of taking and holding the capital stock of said company, the increase and profits thereof, and of enlarging the same from time to time, by new subscriptions, in such manner and form as they shall think proper, to carry out the intent and meaning of this act; and of purchasing and holding, to them and their successors in office, and assigns, and also of selling, transferring, and conveying, ín fee-simple, all such lands, tenements, hereditaments, and estate, real and personal, as shall be necessary to the prosecution of their work; of suing and being sued, of pleading and being im pleaded, in all courts of law and equity, and in all places whatever; also to have and use a common seal, and the same to alter and renew at pleasure; and to make all such by-laws, not inconsistent with the constitution and laws of this State and the United States, as may be necessary for the government of the affairs of said board, and do all and every other act and thing which a turnpike corporation may lawfully do. be acquired to build road. § 6. That in case this corporation shall not be able to How land may acquire the title to any lands over which they desire to run said road, by contract or voluntary cession, it shall be lawful for the corporation to appropriate the same to their use, for the purposes contemplated by this charter, upon their complying with the provisions of the following section of this act; and they, upon the same terms and conditions, have power to condemn any stone, wood, gravel, or other material that may be necessary to construct said road. § 7. The board of managers shall present a petition to the judge of the circuit court of the county in which the land, stone, gravel, or other material shall lie, setting forth the lands and materials wanted for the construction of said road, or its appendages, and the names of the owners thereof, if known, distinguishing the parcels claimed by the respective owners, and praying for the appointment of appraisers to assess the damages which the owners of said lands, stone, timber, gravel, and other materials, will sus tain severally by reason of the appropriation aforesaid to the use of the corporation; and on the presentation of such petition, said judge shall appoint the most early day 1 possible for the hearing of the parties interested, and shall 1860. Jury may be summoned to § 8. Should the owner or occupier of the land or materials demand a jury, as allowed in the preceding section, assess damages. then it shall be summoned and attended by the sheriff of Madison county; and, besides challenges for interest or kinship, each party may challenge three jurors without cause. The jurors shall be sworn by the sheriff truly and impartially to ascertain, by their inquest, the amount of compensation, or damages, each owner will be entitled to receive from the company, taking into view the advantages as well as disadvantages to the owner; and their inquest shall be signed by each juror, handed to the sheriff, and returned by him within three days to the clerk of the circuit court, who shall immediately make an order, stating the fact of the inquest and the amount of damages, if any, and shall furnish a copy to the president of the board, 1860. agree, to be dis and also one to the aforesaid owner, on his demand, whose land or materials have been condemned. The receipt of the copy of the aforesaid order shall entitle the board of managers to the use and occupation of the land and materials, &c. § 9. If the jury cannot agree, the sheriff may discharge If jury cannot it, and summon another jury or juries; and if from that, charged & an- or any other cause, the inquest cannot be completed on the other summ'ed. day appointed by him, he may adjourn it from time to time until it is completed, without further notice than his proclamation at the time. § 10. When the right of way is necessary for hauling any Right of way material condemned for the use of the road, the inquest for hauling timber, &c. shall state that the same is allowed, and the same estimated in the damage given, if the land over which the right of way passes belongs to the owner of the material; and if to another, then there shall be a separate assessment therefor, in favor of such other. The inquest must designate briefly, by general description, the route or routes by which the right of way shall be used. The board of managers shall make every endeavor to obtain the land and materials for the said road by gift or grant, before resorting to legal proceedings as aforesaid. be allowed § 11. That in any case where the owner, whose land is No damages to to be condemned under the seventh section of this act, owns where turnpike land over which a public road now runs, and, for all the passes over old public uses of which this contemplated turnpike road is road. Penalty for of right acquir hindering use ed. to be the substitute, then the jury shall take this fact into consideration, and for equal quantities of land of the old road, and the land for the turnpike, shall make an offset, giving no damages to the said owner; unless the land to be covered by the turnpike shall exceed in value an equal amount of the old road; then they shall assess the difference in value as damages to the owner. § 12. Any person who shall hinder or attempt to prevent the use of any right derived from the condemnation herein allowed, shall pay the corporation double damages and costs; and any person who threatens so to hinder by violence, may be brought before any justice of the peace, or the circuit court judge, or the county judge of Madison county, and required to give bail in the penalty of one thousand dollars, with good surety, to keep the peace and be of good behavior for the next six months. Any proceeding under this section shall be by warrant in the name of the Commonwealth, as now provided by law. § 13. The board of managers may fix the grade and Width of road. width of their road-the grade to be not less than thirty nor more than forty feet; and the part covered with stone or gravel shall be not less than twenty feet wide, and eleven inches deep in the center, and eight inches deep on : the edges; and the elevation of the road, when graded, shall not exceed three degrees. § 14. In any case where the circuit judge of the county in which the land lies is interested, or is a party, then the application for the appointment, and the proceedings named in the seventh section of this act, may be had before a special judge, selected by the parties, or elected for the occasion, in the manner as now provided by law. § 15. That as soon as the board of managers and the company shall have perfected any distance of their road, not less than five miles, and so, from time to time, any distance, not less than five miles, progressively from the same, towards either Richmond or the mouth of the aforesaid creek, they shall give notice thereof to the county judge, who shall thereupon forthwith nominate and appoint three judicious and disinterested persons to view and examine the same, and report to him, under oath, in writing, signed by each one of them, whether the road is so far executed in a complete and workmanlike manner, according to the true intent and meaning of this act; and if their report shall be in the affirmative, then the said judge, by license under his hand, and the county seal, shall permit and suffer the board of managers of the said company to erect and fix such and so many gates or turnpikes upon and across the said road, as will be necessary and sufficient to collect the tolls and duties hereinafter granted to the said company, from all persons traveling with horses, cattle of every kind, and carriages and vehicles of every grade and description: Provided always, That no gate shall be erected, nor toll demanded from any person or persons traveling said road, until after the license aforesaid shall have been granted, under a penalty of ten dollars, to be recovered as debts of the same amount are recoverable, for every such offense; which said penalty, when recovered, shall be paid over to the county clerk of Madison, to be disposed of as other fines are now by law; nor shall any gate be erected within a less distance than two thirds of a mile from the town of Richmond. § 16. That when the said gate or gates shall be erected as aforesaid, it shall and may be lawful for the board of managers to appoint as many toll-gatherers as they may deem requisite, and to collect and receive of and from all and every person or persons using said road, at each tollgate, for each and every five miles they may use or travel on, the tolls and rates allowed under this charter; and to stop any person riding, leading, or driving any horse or mule, or driving any cattle, sheep, hogs, sulky, chair, chaise, phaton, cart, wagon, or any other carriage of pleasure or burden, from passing through said gate or turnpike until they shall have paid toll, agreeably to the rates herein 1860. Application to special judge when judge is be made before interested. When gate may be erected, and toll collected. Toll-gatherers to be appoint'd, ers and duties. and their pow |