1837. the privilege of selling at their respective stands, all kinds of May forfeit Proceeds to repair streets. SEC. 3. That it shall be the duty of said Trustees, to appropriate all moneys arising from the exercise of the powers here- be applied to in granted, to the improvement of the streets in said town, or to such other objects as said Trustees, or a majority of them, may believe most condusive to the interest of the citizens of said town. Trustees may cause streets to SEC. 4. That whenever a majority of the owners of lots or parts of lots in front of any square in said town, shall petition said Trustees to cause the street which their property fronts be paved. to be graded and paved or M'Adamized, it shall be lawful for said Trustees to contract for, and cause such square to be graded and paved or M'Adamized at the cost and expense of the owners of lots or parts of lots fronting thereon, and a lien on the respective lots or parts of lots for said costs and expenses is hereby given to said Trustees; and when the work shall be completed, according to contract, said Trustees shall apportion the cost and expense equally among all the owners of lots or parts of lots, agreeably to the number of feet owned by each, and the amount may be recovered before a Justice of the Peace or any court having jurisdiction of the amount by action of assumpsit on account, or bill in equity, against all the lot holders who shall not have paid their part of the expense and costs aforesaid. Approved, February 16, 1837. CHAP. 309.--AN ACT for the benefit of John Rankin. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between John Rankin, and his wife Phebe Rankin, so far as respects said John, is forever dissolved; and that he is hereby restored to all the rights and privileges of an unmarried man. Approved, February 16, 1837. CHAP. 310.-AN ACT for the benefit of Willis Antle. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Willis Antle, and his wife Malinda Antle, is forever, dissolved, so far as respects said Willis; who is hereby restored to all the rights and privileges of an unmarried man. Approved, February 16, 1837. 1837. CHAP. 311.--AN ACT for the benefit of the heirs of Thomas Dennis, deceased. WHEREAS, It is represented to the General Assembly of the. Commonwealth of Kentucky, that a patent issued from the Register's office of this Commonwealth, dated the thirteenth day of June, 1817, in the name of Thomas Dennis, assignee of John M'Combs, upon a certificate No. 3706, granted by the commissioners in 1793, for two hundred acres of land, situated in the then county of Christian, on Canoe creek, and bounded as therein set forth, and which land is situated in the present county of Henderson; and whereas, it is further represented, that the surveyor, who originally surveyed and run out the same, made a mistake in his certificate, by which the true courses of the survey were precisely reversed, and the patent issued in pursuance of the certificate does not therefore cover the land intended to be granted-For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Surveyeor of the said county of Henderson, is hereby required, upon the request of the heirs of the said Thomas Dennis, deceased, to re-survey the said tract of land, following the marked boundaries thereof, and when surveyed, to grant a certificate of survey thereof to the said heirs, as in other cases, and upon the presentation of the said certificate of survey, the Register of the land office is hereby directed to issue a patent therefor, under the same regulations as now required by law, for which services, the said surveyor and Register, shall be permitted to charge the legal and customary fees; and the said patent when issued, shall be to all intents and purposes as valid, and shall have the same legal effect as if it had in the first instance, correctly described the said land: Provided however, That it is not the intention of this act, to give to the title of the said heirs, any priority, over other claims to said land which it would not have had, if said patent and survey had been originally correct. Approved, February 16, 1837, CHAP. 312,-AN ACT to authorize James P. Miller to build a bridge across SEC. 1. Be it enacted by the General Assembly of the CommonAuthorized wealth of Kentucky, That James P. Miller be, and he is hereby to build bridge. authorized to build a bridge across Dick's river, at the most eligible point or place on said stream, at or near where the road leading from Danville to Lancaster crosses the same: Provided, That said bridge is built within three years from and after the passage of this act. SEC. 2. Be it further enacted, That as soon as the said bridge shall be completed, the said James P. Miller shall be authori, Tolls to be zed to demand and receive by himself or agent, the following tolls for said bridge, to-wit: for every person above ten years old, six and a fourth cents; for every horse, mare, colt, or mule, reseived. six and a fourth cents; for every wagon, fifty cents; for every cart, thirty seven and a half cents; for every riding carriage with four wheels, fifty cents; for every riding carriage with two wheels, thirty seven and a half cents; for every head of neet catte, two cents; for every head of sheep, goats, or hogs, one cent; for every hogshead of tobacco rolled or carried across, not being in a wagon or cart, twenty five cents; for every dray, sleigh or slide, twenty five cents. SEC. 3. Be it further enacted, That the said James P. Miller, shall keep posted up, where the tolls are collected, a printed list of the tolls authorized by this act; and if at any time the said bridge should get out of repair, so as to be unsafe to be crossed upon, or used as contemplated by this act, and should be permitted so to remain for one year, the rights and privileges granted by this act, shall cease. Approved, February 16, 1837. CHAP. 313.--AN ACT for the benefit of the Owingsville and Big Sandy Turnpike Road Company. Sections of SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the act, entitled, an act making an appropriation to aid in the repair of the Sandy former acts reroad, and to authorize a turnpike gate thereof, approved, Jan- pealed. uary 15, 1831, and of the act to amend said act, approved, February 1, 1831, as establishes a Board of Commissioners for the purposes therein stated, be, and the same is hereby repealed; and that the Owingsville and Big Sandy Turnpike Road Company be, and is hereby substituted in the place of said Commissioners in all respects, except that no bond or oath for the faithful discharge of duty, shall be required. Gate keepers shall pay over SEC. 2. That said Commissioners, and the keeper or keepers of said turnpike gate, shall, on demand, pay over to said company all sums of money for which they may be respec- tolls-penalty tively responsible as such; and on their failure, said company for failure. may coerce the payment thereof by suit or suits on the bonds executed, under the provisions of the foregoing acts: Provided, however, That whenever, in the opinion of the Board of Internal Improvement, the public interest may require it, the said turnpike gate, and the powers above conferred on said company, shall be discontinued: Provided further, That said company shall apply the moneys arising from said gate to the same objects to which said Commissioners are now required by law to apply them. May sue for SEC. 3. That said company, in addition to the remedies provided by the eleventh section of the act incorporating it, calls imposed. approved, February 27, 1835, may, by suit or suits, coerce the payment of the calls on stock therein subscribed by individuals or corporations. 1837. Sections repealed. Capital increased. SEC. 4. That the first section of an act, entitled, an act to amend the Owingsville and Big Sandy Road Company, approved, February 12, 1836, be, and the same is repealed; and that the twelfth section of the act, to which the foregoing is an amendment, be, and the same is hereby re-enacted. SEC. 5. That the capital stock of said company be, and the same is hereby increased to the sum of two hundred thousand dollars. Approved, February 16, 1837. CHAP. 314.-AN ACT for the benefit of Sarah Shacklet. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Daniel S. Shacklet and his wife, Sarah Shacklet, is forever dissolved, so far as respects said Sarah, who is hereby restored to all the rights and privileges of a feme sole. Approved, February 16, 1837. CHAP. 315.--AN ACT for the benefit of Harriet G. Philips. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Harriet G. Philips and her husband, Mark Philips, so far as respects said Harriet G. is forever dissolved, and that she be, and is hereby restored to all the rights and privileges of an unmarried woman; and that her name shall hereafter be Harriet G. Greenup. Approved, February 16, 1837. CHAP. 316. AN ACT for the benefit of Elizabeth Lewis. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Elizabeth Lewis and her husband, John Z. Lewis, so far as respects said Elizabeth, is forever dissolved, and that she be, and is hereby restored to all the rights and privileges of an unmarried woman. Approved, February 16, 1837. CHAP. 317.-AN ACT for the benefit of Sarah Lafferty. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing be tween Sarah Lafferty and her husband, John Lafferty, is forever dissolved, so far as respects said Sarah, who is hereby restored to all the rights and privileges of an unmarried woman. Approved, February 16, 1837. 1837. CHAP. 318.-AN ACT for the benefit of Mechanics and others performing labor or furnishing materials for the constructing or repairing buildings in the city of Lexington. Lien on hous SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the carpenters, joiners, brick masons, stone masons, plasterers, turners, painters, brick ma- es and ground kers, lumber merchants, and all others performing labor or fur- retained. nishing materials for the construction or repair of any building within the city of Lexington, (journeymen excepted,) shall have a lien, to the extent of their respective interests, upon the building they may construct or repair, or towards the construction or repairing of which they may have furnished materials; and also, upon the lot or tract of land on which such building is situate, which lien shall extend to the interest of the employer or employers in and to such building and lot or land. If executory contract be set aside, lien still Shall have SEC. 2. Be it further enacted, That if such employer oremployers hold, or claim, by executory contract, and for any cause whatever such executory contract shall be set aside, or rescinded, the lien herein given shall continue, so far as the person or retained. persons to whom the estate may come, or with whom it may remain by reason of such recision or setting aside, shall be made richer by such building, repairing, or materials furnished. SEC. 3. Be it further enacted, That where the employer or employers shall, by judgment at law, or decree in equity, be all the rights of evicted from the premises, and shall, by the rules of law or equity, be entitled to compensation from the successful claimant for improvements made on the premises, the person or persons who, under the provisions of this act, have leins as against such employer or employers, shall, to the extent of their lens respectively, be substituted for the person evicted, and recover compensation from the successful claimant, so far as by law or equity such claimant is bound to make compensation to the person evicted. the occupant. Lien shall exist against corporations, SEC. 4. Be it further enacted, That the lein herein declared shall exist against private corporations, private quasi corporations and societies, or trustees holding estate for charitable uses, whether the building, repairing or furnishing of materials &c. shall be done, or furnished at the request of such corporation, quasi corporation, society or trustees, or by their servants or agents authorized by parole or otherwise. Claim to be SEC. 5. Be it further enacted, That all and every person or persons claiming a lien, in virtue of this act, shall, within filed in clerk's six months after the completion of the building or repairing or furnishing materials, or within six months after the ces office & when. |