§ 7. This act to take effect from its passage; and the Legislature reserves the right to alter or amend this charter whenever it is deemed necessary. Approved February 15, 1860. 1860. CHAPTER 281. AN ACT to amend the several acts in relation to the Barren county Railroad. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the county court of Barren county may subscribe for stock in the Barren county railroad, upon the following terms and conditions, to-wit: Upon the written application of the president and directors of said railroad and one hundred tax-payers in the first election district or precinct in said county, known as the Glasgow precinct, setting forth their desire that said subscription shall be made by the county court, and the number of shares of stock to be subscribed not to exceed four thousand, and requesting the question to be submitted to the qualified voters of said precinct. §2. It shall be the duty of the county court to enter such written application at length upon the records of said court, and thereupon make an order, commanding the sheriff of said county, on the day named in said order, to open the polls at the voting place in said district and take the vote of the qualified voters in said district who may choose to vote upon the question, "Shall the county court subscribe for and in behalf of the tax-payers in said district the number of shares of stock proposed in the written application to the capital stock of the Barren county railroad company?" The judges and clerks of the elections for State and other officers shall attend at the place of voting in said district, and upon the failure of the sheriff or other officer to attend, those who do attend shall appoint and qualify others in their stead. At least twenty days' notice, in writing, shall be given by public advertisement on the court-house door, in Glasgow, by the sheriff, setting forth the object of said election, and the time when it shall be held. How long poll § 3. The polls shall be kept open as required by the existing laws regulating other elections; and the poll books to be kept open. shall be certified by the officers of election, and returned to the office of the county clerk of Barren county, on the third day after the election. cl'k, and sheriff to count vote. § 4. It shall be the duty of the county judge, county court County judge, clerk, and sheriff of said county, or any two of them, on the fourth day after said election, to count the votes cast for and against the subscription; and if a majority of the 1860. to levy ad valorem tax. votes given be in favor of the subscription, the judge of the county court shall subscribe for and on behalf of the taxpayers of said district the number of shares of stock stated in the written application of the court, to the capital stock of the Barren county railroad company. § 5. The said county court shall levy an ad valorem tax County court on all the property in said district, subject to taxation for revenue purposes, of not exceeding one per cent. per annum, until said subscription, including the cost of collection, shall be paid. § 6. It shall be the duty of the officers collecting the Who to collect State revenue in Barren county to collect said tax, and pay the same over to the treasurer of the Barren county railroad company. The same commissions shall be allowed for the collection of said tax as is allowed for the collection of State revenue. The collector shall give to Collector to each tax-payer a receipt for the amount he, she, or they have paid, which said receipt shall be assignable. give receipts for road tax. amounting to § 7. Whenever the amount of said receipts shall make When receipts the sum of twenty-five dollars or more, and be presented $25 are present to the president and directors of said company, they shall ed to company, issue to the holder thereof a certificate of stock paid in, corresponding with the amount of said receipt, and such persons shall thereby become a stockholder in said road, and entitled to all the privileges of other stockholders. they shall issue to holder cer tificate of stock. subscription. § 8. The president and directors of said Barren county May borrow railroad company may, in their discretion, and upon the money on the pledge and faith of said subscription of stock, borrow money at a rate of interest not exceeding ten per cent. per annum, in order to facilitate the completion of said road. § 9. That the sheriff of said county, before he begins the Sheriff to give collection of said tax, shall give proper covenant, with commencing to good surety, to the Barren county court, to collect said tax road according to law, and pay the same over as required by this act; and said sheriff shall have the same rights in the collection of said tax as he now has in the collection of State revenue. bond before collect tax. Glasgow prediminished till cinct not to be all tax is paid. Vote may be taken in other precincts as to scribing stock. pr'preityof sub § 10. The Glasgow precinct shall not be diminished from and after the passage of this act until all the tax, interest, and cost shall be paid off and discharged. § 11. That any other election precinct in the county of Barren may have submitted to the qualified voters of said precinct a proposition to vote a tax on themselves, to be appropriated to the building of the Barren county railroad, whenever one hundred and fifty resident voters of said precinct shall make written application to the county court of said county, stating in said application the number of shares of stock that they desire to be subscribed on behalf of said precinct to the capital stock of the Barren county railroad company; the court shall enter said written ap plication on the records of said court, and thereupon order an election to be held at the regular voting place in said precinct, on a day fixed in said order, which election shall, in all respects, be conducted and governed by the same rules and regulations as provided for in the election in the Glasgow precinct No. 1, in said county; and if a majority of the votes cast in said precinct at said election are in favor of said subscription of stock, the county court shall subscribe to the capital stock of said company the number of shares of stock stated in said written application for said precinct. 1860. Two or more precincts may § 12. That if any two or more precincts shall make written application to said court to vote jointly on said vote jointly. proposition, the court may order an election to be held jointly for that purpose; and if a majority of the votes cast are in favor of said subscription of stock, then the court shall subscribe for each of said precincts the number of shares of stock stated in their written application; and if, upon a comparison of the votes of said precincts thus voting jointly, it shall appear that any one or more of said precincts, or a majority of the votes cast therein, are in favor of said subscription, then the county court shall subscribe on behalf of said precinct or precincts the number of shares of stock stated in their respective written applications. § 13. That each provision of this act relative to the holding of the election, return of the poll books, comparing the polls, the amount of tax assessed, and the collection thereof in the Glasgow precinct, shall apply to the other precincts in the county. §14. This act shall take effect from and after the date of its passage. Approved February 15, 1860. CHAPTER 284. AN ACT for the benefit of the M. E. Church, South, of Flemingsburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it may be lawful for the trustees of the Methodist Episcopal Church, south, of the town of Flemingsburg, to sell and convey the lot and parcel of land near said town, on which the old church was situate; and that the deed of said trustees shall pass the title to the same to their vendee. § 2. This act shall take effect from and after its passage. Approved February 15, 1860. 1860. Court of claims to devide co'ty tricts, and ap into road dis point a surveyor for each. property & state number white males between CHAPTER 285. AN ACT prescribing the means and mode of opening and working roads in the counties of Henderson and Hopkins. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the Henderson county court, at its regular court of claims in the year 1860, shall divide said county into not less than forty road districts, and appoint a surveyor for every district, who shall serve one year, and until his successor is appointed and qualified. § 2. The county court clerk shall give the assessor of Assessor to list said county a copy of the order making the road districts; and value real and it shall be the duty of the assessor to list and value all the real property in every district, and state the white males over sixteen years of age and under forty-five years, and all male slaves and free males of color over sixteen years of age, separately, in a book to be furnished him by the county court, and which he must return to the court. the ages of 16 & 45. in each distriet. districts may be decreased. § 3. The court may, from time to time, lessen or increase Number of the number of road districts, and may change the boundaries of districts; and whenever an order for any such purpose is made, the clerk shall furnish the assessor with a copy of such order. The court may levy a tax of not over 3 cents a poll tax not on the $100, & exceeding $1. § 4. The court shall levy a tax of not over three cents on the one hundred dollars' worth of property listed under this act, and a poll tax of not over one dollar upon every person listed under this act; which taxes shall be for the purposes of making, repairing, and keeping in repair the roads of said county; and said levy shall be made each year at the first term after the said book is returned. § 5. The assessor shall return said book at the first term When assessor of said court after it is completed. to return book. Land lying in two districts may be assessed in either. § 6. In assessing lands when the tract is not wholly in one district, it may be listed in any district in which part of it is situated. § 7. The court shall rule the assessor to return the book The court may upon the suggestion of the county attorney that there has sor to return been unreasonable delays, and may punish him for failure, the book upon as in cases of contempt. the suggestion been unreason able delay. when book is that there has § 8. As soon as the books are returned and the levy made, the clerk shall make out a copy of the assessment Duty of clerk for every district, and by it and the levy he shall make a returned. statement of the amount of the road tax due from every person in every district, and the amount from every person who has property in a district and does not reside within it; and this copy and statement shall be given by the clerk Allowance to to the sheriff, and by the sheriff to the surveyor. sessor, clerk, & § 9. At the first court of claims after the return of said book, a reasonable allowance shall be made to the assessor, be made to as sheriff. the clerk, and the sheriff, for their services, respectively, under this act. 1860. Duty of sur veyors. § 10. It shall be the duty of every surveyor in every district to superintend the opening, repairing, and keeping in repair all of the public roads in his district under the direction of the county court; he shall collect the road taxes in his district, and if necessary, by action in his own name as surveyor; he shall notify all persons who may neglect to pay their road taxes in work, of the time he desires them to work, and of the place where he wishes the work to be done, by two days' written notice; and he shall, under oath, report twice a year to the county court what he has done as surveyor since his appointment or since his last report, which report shall show the amount of taxes received, the amounts expended for road purposes, and the names of delinquent tax-payers, and the amount due from them; he shall proceed to collect the amounts from such delinquent tax-payers by appropriate action. For a failure to perform any of the duties herein enjoined upon him, the surveyor failure of duty. shall be proceeded against by the presentment of a grand jury, and upon such presentment shall be fined by the circuit court in a sum not less than five nor more than twentyfive dollars. § 11. The surveyor shall not be required to permit any one to work out his tax otherwise than by furnishing good hands at one dollar and twenty-five cents per day to the hand. Penalty for required to per Surveyor not work out tax conditions. Evidence of the liability of § 12. The papers furnished to the surveyor by the clerk under this act shall be evidence of the liability of any tax- tax-payers. payer in any action which the surveyor may cause to be brought against him for the amount of his tax. or. § 13. The surveyor shall be entitled to twenty-five dollars Pay of surveya year, or at that rate for his services under this act, to be allowed by the county court; and when allowed he may retain it, showing how he has retained it. This act not to apply to the son. Not to take effect until a majority of voters decide in favor. § 14. Whereas, the property within the corporate limits of the city of Henderson is taxed for the purpose of keep- city of lendering the streets of said city in repair, and for other improvements; therefore, this act shall in nowise apply to said city. § 15. This act shall not take effect until after a majority of all the qualified voters of Henderson county, residing outside of the limits of the city of Henderson, who may vote on the subject, shall vote in favor of it; and the county court of Henderson county shall cause a poll to be opened for and against this act at the August election in the present year, 1860, and a vote to be taken thereon, under the same rules and regulations, and subject to the same restrictions and penalties, as do exist by law in relation to the election of Representatives to the General Assembly. And the result of said vote shall be declared by the board |