1830. The stock rereserved for the state and the United States, if not taken by them, may be subscribed for by individuals. ty, if the stock Sec. 14. If that part of the stock which is reserved for the Commonwealth of Kentucky and the United States, shall not be taken, or authorized to be taken by law, before the fourth day of March, eighteen hundred and thirty-one, the President and Directors shall be, and are hereby authorized to open books to obtain subscriptions therefor, or for any part thereof, that they may deen necessary. But if the whole stock reserved to the Commonwealth of Kentucky and the United States, should not be taken by the citizens or other private stockholders, after the said fourth of March, eighteen hundred and thirty-one, the said Commonwealth of Kentucky and United States, or either of them, shall be at liberty at any time thereafter, to subscribe the amount not subscribed by citizens or private stockholders, in the same manner they might have done in the first instance, and in the same proportion to each other. Sec. 15. The stock subscribed by the citizens of Stock subscrib- each county through which said road shall pass, ed in any coun- shall, if the stockholders of such county wish it, be holders desire applied, in the first instance, to turnpiking that part of said road running through said county in which such stock shall be subscribed. it, to be expended in that county. Persons exempted from paying tolls. Calls for stock, if not paid, the stock may be forfeited or collected by suit. To whom the obligation for stock to be taken. Sec. 16. In addition to the persons exempted from the payment of tolls as provided in the latter part of the fifteenth section of the act to which this is an amendment, no person shall pay toll in going to or returning from any place of public worship. Sec. 17. If any stockholder shall fail to pay the regular calls of stock made by the President and Directors, as provided for in the eleventh section of the act of which this is an amendment, the President and Directors may, as in the said eleventh section provided, proceed to forfeit the stock as therein. provided for, or at their discretion, may proceed to collect said instalments by warrant before à justice of the peace, or by suit in the circuit court, as the sums due shall give jurisdiction, either to a justice of the peace, or to the circuit court. Sec. 18 The obligation required to be entered into on the commissioners books in the third section of the act to which this is an amendment, shall be taken to the President, Directors and Company of the Maysville, Washington, Paris and Lexington turnpike road company. CHAP. CCLXXII. AN ACT concerning the public highways in the county of Fayette, and for other purposes. Approved, January 22, 1830. 1830. Board of pub established in Fayette coun &c. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be a lic works to be board of public works in the county of Fayette to consist of three persons, styled road commissioners, ty." to be constituted as followeth: the sheriffs at the general elections held in said county for members of The boardthe General Assembly, shall open polls for the elec- how elected tion of three persons to be members of said board. The three persons having the greatest number of votes given shall be declared elected; and it shall be the duty of the sheriff to forthwith deliver to each person so elected, a certificate of his election, a duplicate of which he shall also transmit to the Auditor of public accounts; and it shall be the duty of the persons so elected, to convene at some convenient place in the county, and having taken an oath respectively, to faithfully and impartially perform all the duties of a member of the board of public works for the county, before some justice of the peace of the county, and having, moreover, severally executed bond with security, to be approved of by the clerk of the county court, in the penalty of one thousand dollars, to faithfully discharge the duties of their office, they shall, as soon as convenient, organize themselves into a board, and immediately give notice in writing, of such organization, to the court of their county, and also to the Auditor of public accounts; and being so organized, they shall Board to be a body corpobe a body politic and corporate, capable of suing rate. and being sued, implead and being impleaded, in all courts, by the name and style of the board of public works of the county of Fayette, and shall make and have a common seal, which they may break or alter at pleasure, with power to contract and be contracted with, and to take or hold by purchase or otherwise, lands, tenements or personal property, to an amount not exceeding fifty thousand dollars at any one time, to be held to them and their successors, to the exclusive use of the citizens of the county, and to be used and applied in the opening, improving and keeping in repair the public highways of the county. N 1830. court over the board of public works. Sec. 2. So soon as the board of public works shall have so organized themselves, and given notice 1 The powers of thereof to the Auditor and county court, all the the county powers now vested in the county court, over the roads to cease, highways of the county, shall cease and determine, and is given to and the same shall be vested in the board of public works so constituted, and all laws now in force, not incompatible with this act, which apply to the county roads of said county, vesting power and authority in the county court over the same, shall apply to and vest like powers in the board of public works of the county. The board of public works so constituted, or a majority of them, shall have full power and authority, from time to time, to alter or change the sites of roads already laid out, or to discontinue them altogether, and to order and direct new roads to be opened, and prescribe in their orders and judgments relative to opening or changing a road, not only its site, but width, and the manner in which it is to he opened, or kept in repair; and in all cases where they shall order an old road to be altered or discontinued, leading through or on the land of any person, such person, his agent or guardian, shall be duly notified at least twenty days be fore their order shall be carried into effect, and if any proprietor, his agent or guardian, shall object to such road being opened or changed through his land, it shall be the duty of the commissioners to forthwith issue their warrant to the sheriff of the county, to summon twelve discreet house-keepers, to hold an inquest, on a day to be named in the warrant, on the land of the person so complaining; of which meeting the party complaining shall have at least three day's notice. Damages ascertained on opening or changing reads. Sec. 3. It shall be the duty of the commissioners, or some one of them, to attend the jury, and administer the usual oath, to diligently inquire of, and to ascertain the damages which the opening or alteration of the road, if any, will do to the party complaining, [and to record their verdict, which may be traversed by the Commonwealth, or party complaining,*] at any time within ten days; and on a traverse being filed, it shall be the duty of the commissioner taking the verdict, or some one of the board of public works, *These words, in brackets, are not found in the enrolled act, but they occur in the engrossed bill, and were, no doubt, intended to be part of the law. Printers. of the county, to immediately deliver or send the proceedings to the clerk of the circuit court of the county, who shall set the cause down for trial at the next term, immediately, and next after the Commonwealth's cases; and it shall be the duty of the court to try the same with as little delay as possible, and to give judgment according to the right and justice of the case, without regarding formality in the pleading, empannelling a jury to try the facts or otherwise trying the cause per testes, if the parties so agree, and the decision of the said court shall be final. 1830. owner of the Sec. 4. After the damages are assessed, it shall be Damages to be in the discretion of the board, all things considered, paid to the to establish the road proposed or not; if the board and before the establish the proposed road, they shall, before they road be openproceed to open it, pay to the owner the amount ad- ed. judged to him, and costs, if costs were allowed, but where the damages allowed, do not amount to the costs, the complainant shall, in no case recover more costs than damages, and if no damages are assessed, the party applying for the jury shall pay costs. Sec. 5. It shall be the duty of the Commissioners Commissioners to superintend, and to the utinost of their means, to duty. improve and repair the highways of the county, to erect bridges, and make all other necessary improve ments not particularly herein enumerated. &c. Sec. 6. To enable the commissioners to carry Commissioners this act into effect, they are authorized to hire any may hire hands number of hands which they may deem necessary for the purpose, and which the funds in their hands may be competent to, either by the year or any less time, to purchase all necessary tools, beasts and provisions, to rent or purchase in fee, any house, lot, or parcel of ground, which may be required for the accommodation of the hands and overseers, or managers of the hands, or public work; they shall also have full power and authority to employ all needful surveyors, engineers and other persons, to aid them in carrying the foregoing powers into execution.. be fixed, and Sec. 7. And be it further enacted, That it shall be Rate of wages the duty of the board of public works, to fix a rate to labourers to of wages to be paid laborers on the road, per day, taxes may be week, or month; and it shall and may be lawful for worked out. any person owing a road tax, wishing to work the same out on the public roads, to do so under the direction of the commissioners, their overseer, or 1830. Tax to be levied, collected &c. agent, and a certificate that Sec. 8. Be it further enacted, That for the purpose of raising a fund for opening, improving and keeping in repair the highways, under the provisions of this act, there shall be levied a tax, in addition to that already paid into the treasury in said county, the following sums, viz: on each hundred dollars worth of property, agreeably to the commissioners books, six cents; on each tithable of the county, agreeable to said books, fifty cents. The sum so assessed shall be denominated the road tax, and shall be collected and paid into the treasury, as other public revenue is, and after charging the county with its proportion of the delinquents, the balance shall be credited on the Auditor's books to the board of public works in said county; and upon the application or order of the commissioners of public works, or any two of them, the Auditor of public accounts, shall, from time to time, issue his warrant on the treasury, until the whole shall be paid, debiting the commissioners with the amount in each case; and it shall be the duty of the board of commissioners, on or before the first day of Octnber, in every year, to settle and adjust their accounts with the Auditor, and to obtain a quietus; and on said board, or any member or members thereof, failing so to account for all moneys which have come to his or their hands, and obtain the Auditor's quietus, such delinquent or delinquents shall be liable to the same proceedings and like judgments, that sheriffs and other public collectors of the public revenue are subject to, by law, for like delinquencies. Sec. 9. Be it further enacted, That it shall be the Commissioners duty of any commissioner, or board of commissiongoing out of office, to delivers, going out office, to immediately hand over all er over to their property, tools, hands on hire, contracts and resuccessors pub cords, belonging to the board of commissioners so lic property succeeded; and if said board, or any member thereand money in their hands. of, shall fail to do so, such delinquent shall be liable to an action at the suit of their successors, and on being convicted of delinquency, shall pay to the plaintiff, for the use of the board of public works, double the value of the thing retained, or doublethe damages assessed by the jury, to be adjudged by the court. It shall also be the duty of the board, or |