1837. levied by said county court, as is directed by the provisions of said road law. Approved, February 15, 1837. Preamble. Auditor settle an count. CHAP. 303.--AN ACT for the benefit of James Guthrie, WHEREAS, By virtue of the act, entitled, an act to coerce the payment of arrearages from the several delinquent collectors of public dues, approved, February 11, 1809, Porter Clay, the former Auditor of Public accounts, employed James Guthrie, as attorney at law and agent, to attend to and prosecute suits against John Jones, Sheriff of Jefferson county, and his securities, for the collection of the arrearages of revenue due from said Sheriff: And whereas, Pursuant to said engagement, said Guthrie caused to be collected a certain portion of such arrearages, but the written agreement between said Auditor and said Guthrie, touching his compensation for said" services, has been accidentally lost or destroyed, and the Auditor now in office doubting his authority to allow said Guthrie any compensation for his services aforesaid, upon the adjustment of his accounts as collector aforesaid-Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be, and he is to hereby directed to allow to said Guthrie, on the adjustment and settlement of his accounts as collector aforesaid, a compensation for his services at the rate of ten per centum on the amount so collected for arrearages of revenue. ac Approved, February 16, 1837. CHAP. 304.-AN ACT for the benefit of Delila Elkins, a person of unsound mind. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of one hundred dollars shall be, and the same is hereby allowed to David Elkins, of Green county, for the support of his daughter, Delila, who is a person of unsound mind, which sum is to be considered as in full for the support of said Delila heretofore. SEC. 2. Be it further enacted, That the Judge of the Green circuit shall hereafter make, an allowance to said David Elkins for the annual support of his said daughter Delila, or to such other person as may be appointed a committee for said Delila by said court, not exceeding the sum of fifty dollars annually, payable half yearly out of the Treasury, upon its being found in the usual way that said Delila is a person of unsound mind. Approved, February 16, 1837. CHAP. 305.--AN ACT providing that certain judgments shall bear accruing in terest. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in rendering judgments and decrees, in actions founded on written contracts executed without this State, and on judgments and decrees rendered without this State, it shall be lawful to render the judgment or decree for accruing interest from the time the money became due by the written contract, or from the time it shall appear, by the judgment or decree sued on, to have been due: Provided, That where either party shall prove the rate of interest to be greater or less than six per cent, it shall be found in damages, as now authorized by law. SEC. 2. That all judgments hereafter rendered before Justices of the Peace, and all judgments and decrees hereafter rendered in the courts of this Commonwealth, shall carry interest at the rate of six per cent per annum, from the date of the judgment or decree, unless the judgment or decree shall bear interest by its terms from a prior day, or unless it be a case where the interest shall have been assessed in damages, as provided in the first section; and the judgment or decree may be entered up for the accruing interest from the day of rendering the same; and if not so entered, the Clerk or Justice shall endorse on the execution that it bears interest at the rate of six per cent per annum from the time of rendering the same, and stating in the endorsement the day of rendering the judgment or decree: Provided, That judgments in actions of malicious prosecutions, libel and slander, and actions of tort to the person, shall be excepted from the provisions of this act, and shall not bear accruing interest. Approved, February 16, 1837. CHAP. 306.-AN ACT for the benefit of the widow and heirs of Francis Hagan, dec'd. WHEREAS, It is represented that Francis Hagan, late of the county of Spencer, died intestate, leaving Susannah Hagan, his widow, and Vincent Hagan, Elizabeth Hagan, Jackson Hagan, Mary Louisa Hagan, Joseph Hagan and Catharine Hagan, his children and heirs, all of whom are minors under the age of twenty one years, and that he was possessed of a tract of land containing about 260 acres, and nine slaves, many of whom are young and unproductive, that the said tract of land is not susceptible of a division, and after taking off the widow's dower, would leave none fit for cultivation for the support and maintenance of the said children, and that it would redound greatly to the advantage of the said widow and heirs of Francis Hagan, dec. if the said tract of land and slaves could be sold, and the proceeds of the sales vested in lands for their benefitTherefore, Preamble 1837. A sale of land and slaves authorized. SEC. 1. Be it enacted by the General Assembly of the Com monwealth of Kentucky, That it shall be lawful for the said Susannah Hagan, widow of Francis Hagan, dec'd, to file her petition in the court of chancery for Spencer county, praying said court to decree a sale of the tract of land of 260 acres, and nine slaves, to-wit: Harry, Phillis, John, Violet, Amy, George, Orpha, Mariah and Elijah. SEC. 2. Be it further enacted, That it shall be lawful for the court of chancery for Spencer county, when said petition is filed, and the infant heirs of said Francis Hagan, dec'd, made defendants thereto, and chancery process duly and regularly, served upon them, and their answers, by a guardian or guardians ad litem, regularly filed to said petition, and all the facts of the case are before the court, to decree the said tract of land and slaves to be sold, if it should be thought most advisable to do so; and if the said court shall decree a sale of the said tract of land and slaves, it shall appoint a Commissioner to carry its decree into effect, whose duty it shall be, when the money arisProceeds to ing from the sales of said tract of land and slaves aforesaid be vested. Deeds to be filed. Proviso. shall come to his hands, to vest the same in lands, well selected, in either of the states of Indiana or Illinois; which lands, when so purchased by said Commissioner, shall be for the widow and heirs of said Francis Hagan, dec'd, and in their names, and the deed or deeds, grant or grants for the lands, are to be taken in the name of said Susannah Hagan, widow, and in the names of the said children and heirs, in their own names, and for their exclusive use and benefit: Provided, That it shall be the duty of said Commissioner to file with the Clerk of the Spencer circuit court, within the space of two years from and after the passage of this act, copies of the deeds or grants, duly authenticated according to the laws of the state, where the purchases may be made, and the said lands lie: Provided, That said Susannah shall only have a life estate in one third of said lands; and should she be compensated for her dower, as provided in the 4th section of this act, the title shall be taken to the heirs of the said Francis Hagan. SEC. 3. Be it further enacted, That upon the purchases being made, and the deed or deeds, grant or grants filed, as above directed, the said Commissioner, and his securities, shall be entitled to a credit on his account for the sum or sums of money thus actually invested: Provided however, That the said Commissioner, before he invests said money in the purchase of land, shall execute, in the Spencer circuit court, a bond in the penalty of $10,000, with sufficient security, to be approved of by said court, payable to the widow and heirs of Francis Hagan, dec'd, and conditioned that said Commissioner shall faithfully discharge the trust hereby confided to him, which said bond shall be preserved by the Clerk of said court. SEC. 4. Be it further enacted, That if the said Susannah HaRelease of gan, widow of Francis Hagan, dec'd, shall file a release of her dower, in the lands and slaves before mentioned, the said court dower. shall have the power, by and with the consent of the said Susannah Hagan, to decree to her such portion of the purchase money as said court shall consider right, in lieu of her dower aforesaid; and said court shall also decree such title to be made by said Commissioner, to the purchaser or purchasers of said land and slaves, and at such time as it may deem proper. Approved, February 16, 1837. 1837. CHAP. 307.-AN ACT to establish the Louisville and Taylorsville Turnpike SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be, and is hereby established a company for the purpose of making a turnpike road from the city of Louisville by the way of Jeffersontown to Taylorsville in Spencer county, under the name and style of the Louisville and Taylorsville Turnpike Road Company, and by that name and style shall have perpetual coporate existence, with full power to sue and be sued, implead and be impleaded, contract and be contracted with, and to hold and acquire all such real and personal estate, as may be necessary for the erection of toll houses and residence of gate keepers, together with all necessary stone quarries, and other materials for the construction and repairing said road. Incorporated. SEC. 2. The capital stock of said company shall consist of as many shares of one hundred dollars cach as may be necessary to make said road, not exceeding two hundred thousand dollars; and William Pope, John Doup, John Hikes, Andrew Hikes, Peter Funk, Robert Tyler, James C. Johnson, James ers. Burks, Simeon N. Kalfus, John Moore, Robert Fisher and John Kennedy, of Jefferson county, and Stilwell Heady, James Vandike, John Cochran, Thomas Newman, Beverly Prewitt, James Stone, Mark E. Huston, David R. Poinyard, Maston E. Shelburn, James Wakefield and E. W. Estes, of Spencer county, are hereby appointed commissioners to open books for the subscription of stock in said company, at such times and places, and under such rules and regulations as they, or a majority of them, shall deem expedient; and whenever five hundred or more shares of the capital stock of said company shall have been subscribed, the above commissioners may cause the books for the subscription of stock to be closed, and appoint a time and place for the election of the officers of said company, which shall be published at least three weeks in one or more newspapers published in Louisville, before said election. SEC. 3. The powers of this corporation, for the construction of said road, together with the management and direction of its prudential concerns, is hereby vested in a President and six Managers, who are to be stockholders, to be chosen by the stockholders annually, each share holder to give one vote for Style. Powers. Capital. Commission To open books. Officers of company. 1837. May pass by faws, &c. How sub be applied. each share he may hold, either by himself, or by proxy duly au thorized; and when elected, the said President and Managers shall have full power and authority to make, ordain and establish such by-laws, rules and regulations for the construction and repairing of said road, the management of its prudential con cerns, and the government of the officers and agents thereof, as they may deem proper, not however inconsistent with the laws of this Commonwealth. SEC. 4. If a sufficient amount of stock shall not be taken to complete said road, then and in that case, the President and scriptions shall Managers shall have power to expend the amount subscribed on either end of said road: Provided, They shall in no case cause the money subscribed by citizens living in one county to be applied to that part of the road lying in the other, until there shall be enough subscribed to complete the entire road, without their consent.. SEC. 5. The width of said road shall not be less than fifty Width of the feet, and thirty feet at least shall be graded to an elevation not exceeding two degrees, and fifteen feet at least in width shall be M'Adamized; and if a sufficient amount of stock shall not be taken to make the entire road from Taylorsville to Louisville, the President and Managers may cause it to intersect the Lou isville Turnpike Road, instead of going to Louisville. SEC. 6. The said President and Managers shall have power and authority to erect gates on said road, and to charge such tolls as are allowed to the Louisville Turnpike Road Company; and shall have and possess all the powers and privileges possessed by said company, and subject to like liabilities, except so far as modified by this act, and they shall cause two more routes to be surveyed for said road, and notify the Board of Internal Improvement thereof, who shall cause the same to be examined by one of the assistant Engineers of the State, and he shall select the most eligible route after weighing the advantages and disadvantages of each route. Approved, February 16, 1837. CHAP. 308.-AN ACT to increase the powers of the Trustees of the town of SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That full power and authority is hereby given to the Trustees of the town of Eddyville in Caldwell county, to issue license to any owner or owners of any coffee house within the limits of said town: Provided, The number shall not exceed, what in the opinion of the Trustees, or a majority of them, the public convenience requires. SEC. 2. That the said Trustees shall charge for all such license a sum of not less than twenty nor more than fifty dollars per annum, and the person or persons so licensed, shall have |