1860. Overseer for fail duty. precinct thus appointed, shall have power to select one of the hands bound to work in his precinct, to notify the hands in the precinct of the time and place of working, and the overseer shall give him credit for the time he may be necessarily engaged in giving the notices, and thus far exonerate him from work on the road. It is further provided, that said commissioners shall have power when they deem it proper, to contract the distance for hands to work said road, to not less than one-fourth of a mile on either side of the road or branches: And provided further, That the county court shall not have power to take any hand or hands herein provided to be allotted, unless it be to open new roads in said county. §3. The overseers who may be appointed under the Penalty of provisions of this act, shall be liable in like manner and ing to discharge under like penalties for any failure to discharge their duties herein provided, as overseers or surveyors of roads now by law are liable; and shall keep their precincts of road in good repair, according to the direction and supervision of the commissioners, and may be indicted by the grand jury for any failure, and judgment rendered and fines collected, as now provided by law against defaulting road surveyors. § 4. The commissioners shall have power to designate Commissioners the point at which the toll-gate on said road shall be kept, to designate between Cumberland Ford and the forks of the Barbourpoint at which Soll-gate to be ville and old State road branches, and shall let out said kept, and let out the same. gate to the highest and best bidder annually, commencing at such time, or as soon thereafter as convenient, after the term of the present keeper shall expire; and shall sell out the same at the court-house yard of Knox county, first having at least twenty days' notice in writing posted in at least five of the most public places in said county. They shall take bond of the purchaser of said gate, with good security, conditioned for the faithful and legal performance of his duties as gate-keeper; and shall also take bond, with approved security, for the payment of the sum bid, payable in quarterly installments, graded in amount by said commissioners in such manner as nearly as possible to meet the receipts probably arising quarterly. And the sale of the gate shall take place on a court day. Said commissioners may qualify and give bond at any time after the passage of this act, and may advertise the sale of the gate to take place on any court day after the expiration of the present keeper's term; but if no sale can immediately be made after the same expires, then the commissioners shall take charge of the gate, and appoint a keeper for the interim. How proceeds § 5. The commissioners shall apply the proceeds arising arising from from the sale of the gate, first to the payment of debts due be applied. from the gate, and for which it is liable, except one fourth sale of gate to of said amount, which, if it be necessary, may be applied in aid of the repair or reconstruction of such bridges on said road, as the necessities and exigencies of the case may render indispensible; and any surplus that may remain in their hands shall annually be divided between the different branches, as provided by law. 1860. Wheen foot charged. § 6. That all foot passengers on said road shall be exempted from paying toll at said gate until said commis- passengers may sioners shall erect foot-logs or bridges over the streams. When they shall cause suitable foot-bridges to be erected over streams, then they shall have the right to charge toll, at the rate of five cents for each person over ten years of age, except those of Knox and Harlan, who are now exempted by law. Pay of com $7. The commissioners shall be allowed two dollars per day each for any day necessarily engaged in the duties missioners. herein assigned them, to be paid out of the proceeds of the gate, and may take precedence of other claims, as set out in the fifth section of this bill; any two of whom shall be a sufficient number to transact any business of the board, and one of the commissioners shall be sufficient to attend to any business in supervising said road. § 8. All acts, or parts of acts, of the General Assembly in relation to said road, inconsistent with the provisions of this act, are hereby repealed. Approved February 15, 1860. CHAPTER 215. AN ACT giving power to the Judge of Clarke County Court to revise and correct the tax paid by the guardian of Benj. F. and Joel Q. Thompson, for the year 1858. WHEREAS, It is represented that William N. Thompson, as guardian for Benjamin F. and Joel Q. Thompson, was improperly charged with tax on the sum of ten thousand dollars, on which he had paid the tax; and doubts being entertained as to the jurisdiction of the county judge to correct said error, the tax having been paid; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: That the presiding judge of the Clarke county court may have the power and jurisdiction to correct the same on proper presentation thereof, and proof thereof that said taxation was erroneous, and was improperly paid; and on his certified judgment in the premises, the Auditor may issue his warrant for the amount of such judgment upon the Treasurer, which shall be paid as provided in the third section of article 8, chapter 83, of the Revised Statutes. Approved February 15, 1860. 1860. CHAPTER 216. AN ACT to incorporate the Mt Gilead and Steele's Ford Turnpike Road Com pany. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a company is hereby incorporated and constiCreated body tuted a body politic and corporate under the name and politic and cor- style of the Mt. Gilead and Steele's Ford Turnpike Road Name & style. Company, with a capital stock not to exceed fifteen thou porate. open books. sand dollars, to be divided into shares of fifty dollars each, for the purpose of constructing a macadamized turnpike road in Bourbon county, from a point near Mt. Gilead church, on the Maysville and Lexington turnpike, either upon or in the general direction of the Steele's Ford road, to a point on the Millersburg and Cynthiana turnpike, near James Thorn's. § 2. That James Whaley, Chas. Redmond, Solomon RedComm'rs to mond, E. Marston, Matthew Turney, and Amos Turney are appointed commissioners, who may open books for the subscription of stock in said company, at such times and places as they may deem expedient, and to take the obligations of subscribers for subscriptions to said road, which obligations shall be binding upon said subscribers. to be called. President and § 3. That when a sum not less than four thousand dolWhen meeting lars shall have been subscribed, said commissioners, or any four of them, may call a meeting of the subscribers of stock, to be held at such time and place as they may designate by notices published for two weeks in the Paris Citizen and Kentucky State Flag newspapers, for the purpose of electing officers of said company. At least two of said commissioners shall be present and conduct said election. There shall be elected a president and five directors, who directors to be shall hold their offices for one year, and until their successors are chosen; and said directors shall elect a treasurer, and such other officers as they may deem necessary. And the treasurer, before he enters upon his office, shall execute his bond to said company, with security, to be approved of by the directory, conditioned that he will faithfully perform the duties of his office; and whenever a demand shall be made upon him by the directory or their authorized agent, will pay over all sums of money in his hands as treasurer. He shall continue in office for one year, and till his successor shall be appointed by the directory. elected. Officers may be elected. beld annually. § 4. A meeting of said company shall be held for the Election to be election of officers in each year, on such day and at such place as may be fixed by the directory; and if no day shall be fixed, it shall be on the same day of the year and at the place at which the first meeting is held. At all elections of the company, each stockholder shall be entitled to one vote for each share of stock he may own, which he may cast either in person or by proxy. § 5. Said company shall have perpetual succession under the name above designated, and in that name may sue and be sued in the courts of this Commonwealth; may have a common seal and alter the same at pleasure; may acquire and hold such real and personal estate as may be necessary in the construction of their said road, and may make such rules and by-laws as may be necessary, relating to the construction, use, and management of their road. It shall have a right to acquire, by purchase or relinquishment, or by writ of ad quod damnum, sufficient ground, not exceeding one acre, for the habitation of toll-gate keepers, and rock quarries at convenient distances apart for the construction and repair of said road, and to the extent that its road shall be located so as to diverge from the Steele's Ford road; thus also to acquire the right of way from the owners of the land over which it shall pass. 1860. Corporate powers. § 6. Said road shall be not more than thirty-two feet in Width of road. width, and the gravel part of it not less than fifteen feet in width. § 7. When said road shall be completed, said directory shall have authority to erect one toll-gate at such point as they may designate, and charge and receive thereat toll not exceeding the rates specified in chapter 103 of the Revised Statutes, under the head of "General Traveling," or to erect two toll-gates, one near each terminus, and charge and receive at each toll not exceeding one half of said rates: Provided, That persons traveling on said road, shall only be charged toll bearing the same proportion to said rates that the distance they travel bears to the distance of five miles. § 8. The county court of Bourbon county, a majority of the justices of the peace being present and concurring therein, shall have power to subscribe for said county, not exceeding seven hundred and fifty dollars per mile to the capital stock of said company, and to levy and collect a tax within said county sufficient to pay the same. When gate may be erect'd. Bourbon co'ty court may take stock. 9. The stock in said company shall be assignable under Stock assignasuch regulations as the directory may prescribe, so as to ble. vest the ownership thereof in the assignee. § 10. This act shall take effect from and after its 52 passage. Approved February 15, 1860. 1860. CHAPTER 217. AN ACT to incorporate Blue Spring Baptist Church, in Barren county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That James B. Ratliff, James T. Withers, Sinclair Walker, Alexander Ford, and Henry Petty, as trustees, and their successors in office, are hereby created a corporate body, by the name and style of the Blue Spring Baptist Church, in Barren county, and by that title to have perpetual succession, and to be governed by all the laws, rules, and regulations, and to have and exercise all the privileges of similar corporations. § 2. This act shall take effect from and after the date of its passage. Approved February 15, 1860. CHAPTER 218. AN ACT for the benefit of John W. Moore, &c. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John W. Moore, Thomas Hines, William H. James, W. S. Kykendall, Samuel Kitchens, and J. B. Martin, sureties of Joseph S. Moore, as sheriff of Butler county, be, and they are hereby, released from paying into the treasury of the State any portion of the damages recovered against the said Joseph S. Moore, as sheriff of the county of Butler, and his sureties as aforesaid, in the Franklin circuit court, by reason of the failure of the said Moore, as sheriff of said county, to pay into the treasury of the State the revenue collected by him as sheriff of said county for the years 1857 and 1858. § 2. That the said sureties are not to have, or to claim the benefit of this act, until they shall have first paid into the treasury of the State the balance of the two judgments and costs obtained in the Franklin circuit court, against the said Moore as sheriff aforesaid, and his sureties aforesaid; being for the balance of the revenue collected by the said Moore, as sheriff aforesaid, for the years 1857 and 1858. Approved February 15, 1860. |