1830. shares are sub scribed, for electing of of ficers &c. ers to select the route of the road which is to be 18 feet wides days notice thereof, in one or more newspapers published at Lexington and Frankfort, and that an election will be held at the court-house in Lexington, at such time as the said commissioners shall appoint, to choose the officers of the said company, and perform such other acts and duties as provided in the fourth section of said act. Sec. 4. Be it further enacted, That nothing in this The stockhold- act contained, shall prevent the said company from selecting any route, for the said turnpike road, between Lexington and Frankfort, which they may deem most expedient; and that it shall be sufficient if the artificial road shall be eighteen feet in width instead of twenty, as provided by the said act; and the Legislature reserves to itself the right to require the said artificial part of said road to be made twenty feet wide whenever it may be thought necessary. Proviso. Stock may be subscribed for the trustees of Lexington, the and held by ⚫ county court of Fayette, Sec. 5. Be it further enacted, That it shall be lawful for the trustees of the town of Lexington, and for the county court of Fayette county, and for any county court in this Commonwealth, and for any corporation created by act of the General Assembly of this Commonwealth, or by act of the Congress of the United States, by their agent, by them respectively appointed for that purpose, to subscribe for and hold shares in the capital stock of the said compa ny, in the same manner as natural persons may, and United States. to exercise and enjoy the same right of voting by their several agents or officers; and all other rights and privileges which other stockholders may. and any company incorporated by the laws of this state or the Additional commissioners appointed to receive subscriptions for stock. Additional commissioners in Lexington. Sec. 6. Be it further enacted, That Nathaniel Hart, Noah Haydon, John Mitchum, John R. McFarland, Benjamin Taylor, Thomas Stephenson, and Samuel McFarland be, and they are hereby appointed commissioners to receive subscriptions to the capital stock of the said company, and to transact any and all other business in the same manner and with the same effect as is provided in relation to either of the two classes of commissioners, who are appointed by the act to which this is an amendment. Sec. 7. Be it further enacted, That Henry Clay, Elisha Warfield, Benjamin W. Dudley, David Meand Richard H. Chinn, be added to the Lexgowan, ington commissioners named in the act to which this is an amendment, with full powers to such of the commissioners in any case as may choose to act, to perform all the duties assigned them by the origi nal charter, or this amendment. The whole width of said road may be forty instead of fifty feet; and the stockholders may be required to pay any sum not exceeding one dollar per share, at the time of subscribing, if deemed necessary, to pay incidental expenses. 1830. Width of road. Part of sub'n may be requir ed at the time of subscribing. CHAP. CCCXXVIII. AN ACT for the benefit of Thomas I. Wathen and Approved, January 29, 1830. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Thomas I. Wathen and Amelia Wathen, his wife, shall have full power to sell and convey all their right, title and interest in and to a certain lot of ground in the town of Elizabeth, and county of Hardin, known on the town plat as lot number two, and any sale made by the said Thomas I. Wathen and Amelia Wathen, his wife, of their right, title and interest thereto, shall be a good and valid sale, to all intents and purposes. CHAP. CCCXXIX. AN ACT for the benefit of the Christian Academy. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of five hundred dollars be, and the same is hereby appropriated to the trustees of the Christian academy, to aid in the completion of the academy building, and in the purchase of a Philosophical Apparatus; and the Auditor of public accounts is hereby directed to issue his warrant to the said trustees for that sum, upon the Treasurer, out of any money in the Treasury not otherwise appropriated. 1830. ville, Mount CHAP. CCCXXX. AN ACT for surveying and improving the State road from the mouth of Big Sandy to Lexington. Approved, January 29, 1830. SEC. 1. Be it enacted by the General Assembly of the The Governor Commonwealth of Kentucky, That the Governor of required to ap- this Commonwealth be authorized and required to point an engineer to survey employ a suitable engineer, to survey the State road said road, pass from the mouth of Big Sandy river, by the way of ing by Owings- the Little Sandy salt works or its vicinity, Owingsville, Mountsterling and Winchester to Lexington, who shall report the best route for said road, with all the advantages to be expected from its improvement, by turnpiking, and report to this General Assembly at its next session, all information that may be necessary to enable this General Assembly to improve and turnpike said road. Sterling, &c and report to the next Legis lature, &c. &c. Commissioners appointed to superintend the improve. ment of the road and distribute the funds collected by subscription &c. for its im provement. To give bond Sec. 2. Be it further enacted, That Henry Powers, Thomas Scott and Robert Henderson be, and they are hereby appointed commissioners, who are authorized and required to superintend and conduct the improvement of said road, and to distribute the funds to be raised and subscribed according to the seventh section of this act, upon that part of said road between the mouth of Big Sandy and the crossing of Licking river, and they are hereby authorized to receive said subscriptoins from the commissioners authorized to collect the same. They shall, before they receive said money from the commissioners appointed to collect the same, execute bond and security. with security, in the penalty of five thousand dollars, to be approved by the county court of Greenup, conditioned that they will well and truly execute the duties required by this act, and faithfully account for and disburse all moneys that may come to their hands; and Hay Taliferro, William Chiles, William Anderson, A. D. Mann, Henry Powers, Wm. G. Carter and Horatio Catlett be, and they are hereby appointed commissioners, to open subscripCommissioners tion lists, and to attend to the raising of said sum of appointed to one thousand dollars, required by this act to be subreceive and scribed, and that it shall be their duty, if they can scsiptions, and obtain the said subscription of one thousand dollars, directed to pay to pay the same over to the commissioners named the first named to disburse said money by this act, taking their reCommissioners, ceipt therefor. Condition thereof. collect sub the amount to subscribe 1000 Sec. 3. Be it further enacted, That so soon as the 1830. sum of one thousand dollars shall be subscribed, and actually paid to the commissioners, by those The Treasurer concerned in said road, the Treasurer of this State directed to is authorized and required to subscribe, on the part dollars as soon of this State, a like sum of one thousand dollars, to be as a similar paid to the said commissioners or their order, when- amount is raised by subscripever they shall file with him a certificate from the tion and actuclerk of either of said counties, that they have exe- ally paid to the cuted bond agreeably to the provisions of this act, commissioners, and also their certificates, verified by their oath, given. that they have actually received the said one thousand dollars from subscribers. and bond Sec. 4. Be it further enacted, That the funds rais- Mode of dised by subscribers and subscribed by the State, shall bursing the be disbursed in the following manner, to-wit: first, above fund. in paying such engineer as may be engaged by the Governor, for his trouble and expenses in surveying and reporting on said road; and the balance of said funds to be disbursed by said commissioners in the improvement of said road, from the point where said road may cross Licking between the Bath and Fleming county line, to the mouth of Big Sandy. Sec. 5. Ee it further enacted, That the said engineer shall examine the route from Mountsterling by the way of the Olympian Springs, and also the route by the way of Owingsville, and report the by the Olymadvantages and disadvantages of each. pian Springs. The engineer route by Owingsville, and to examine the Sec. 6. Be it further enacted, That the said com- Commissioners missioners shall, before they enter on the duties of to take an their office, make oath before the county court in oath. which they may execute bond as required by this act, that they will well, and truly, and faithfully perform all the duties assigned them by this act. The said commissioners shall receive as a compensation for their trouble, one dollar for each day they are actually engaged in the service, and shall make full report of their proceedings to the next Legislature. county survey Sec. 7. Be it further enacted, That the courts of Fleming and Greenup, shall allot ors and hands to work on the said road, so far as it traverses their respective counties. Their pay. The county curts of Flem ing and Greenup to allot overseers and hands to work Sec. 8. Be it further enacted, That John G. Parks, certain parts of Robert Andrews and John Poage be, and they are said roads. hereby appointed commissioners to superintend the surveying and improving the road from the mouth appointed to Commissioners 1830. from the mouth of Big Sandy by Greenupsburg, Clarksburg, Flemingsburg and Carlisle, to intersect the road from survey and im- Maysville to Frankfort, near Millersburg; and it prove the road shall be their duty to proceed in the same manner, to of Big Sandy, give bonds in the same penalty, under the same cirpassing by cumstances as herein is required in regard to the Greenupsburg, other commissioners; and the engineer shall proClarksburg, Flemingsburg, ceed to survey the said road and make the estimates and Carlisle,in in the same manner and for the same purposes as are provided in regard to the other roads, and the Auditor and all other officers and persons shall be governed by the same rules and like limitations as are provided for in regard to the other road; only making such variations as shall be necessary to adapt their proceedings to the road herein provided for. the direction to Frankfort. Their duty and powers; also the duty of the engineer and other persons concerned. The commissioners may cause gates to be erected, and tolls collected, as soon as the improvements are made -and employ a gate keeper. To take bond from him. Sec. 9. Be it further enacted, That the commissioners who are authorized by this act to disburse the money to be raised and appropriated by this act, shall, só soon as they complete said repair and improvement, cause to be erected a turnpike gate, at the same place that the one was erected by Charles N. Lewis, deceased, and to employ a keeper of said turnpike gate, and they are authorized to receive the same tolls and to be governed by the same regulations as were authorized and required by the act under which the said Lewis erected said gate. The said commissioners shall agree with the keeper of said gate, for a competent compensation to be allowed him, and shall require of him, before he enters on the duties of his office, to execute bond in the Greenup county court, in the penalty of two thousand dollars, conditioned that he will well and May dismiss truly perform the duties assigned him, and pay over the gate keep-all tolls by him collected, to said commissioners, and the said commissioners may remove said keeper at pleasure, and appoint another; and the said commissioners shall, at least twice in every year, distribute all the profits of said turnpike gate, in the imcancies in the provement of said road. In case of the death or resignation of any one of said commissioners, the county court of Greenup shall fill the vacancy occasioned thereby. Condition thereof. ers and appoint others. The county court of Greenup to fill va board of com missioners. No person required to work on the road more than four da vseach year and be exempt from toll. Sec. 10. Be it further enacted, That no person shall be required to work on said road more than four days in each year; and all persons so required to work, shall not be subject to pay toll for passing any of the gates erected on said road. |