1838. If Banks do not resume spe when other Bk's do, the Governor to fix a day when they shall resume. Proviso. specie payments, her notes under discount and bills of exchange shall not exceed sixteen hundred thousand dollars: Provided, That should said Banks, or any of them, not resume specie payments pari passu with the Banks in the eastern cities, and those of the surrounding States, or with- cie payments in thirty days after those Banks shall generally resume, the Governor of the Commonwealth shall issue his proclamation stating the fact, and fixing a day for the Banks to resume specie payments, on which day the Banks shall resume specie payments: Provided, That nothing in this section shall be so construed as to exempt the several Banks, aforesaid, from all the penalties and liabilities now provided in their respective charters, for the failure to pay specie, if, at any time hereafter, they shall resume the payment of specie under the provisions of this act, they shall, thereafter, when demanded, fail to redeem their notes and pay their liabilities in specie: And, provided further, That if said Banks do not resume specie payments on or before the first day of the next session of this Legislature, the same power over said Banks, for refusing to pay specie before and after the passage of this act, shall be the same in the General Assembly of the Commonwealth of Kentucky, as exists under their charters before the passage of this act. 1 Proviso. Bank of Lou isville may pro Proviso. SEC. 2. That the twenty eighth section of the charter of the Bank of Louisville shall be and the same is hereby repeal- ceed to do bued; and said Bank is hereby authorized to proceed in her business. siness, as though the said section had not been in the charter: Provided, however, That if the Bank of Louisville shall avail herself of the benefit of the first section of this act, it shall be on condition that the Commonwealth of Kentucky have the right, at any time, to investigate the affairs of the Bank, by a committee of the Legislature; and at any time, within five years after the passage of this act, to subscribe for five hundred thousand dollars of the two million of capital authorized by the first section of the charter, instead of the five hundred thousand dollars reserved to the Commonwealth by the provision of the nineteenth section; and after the subscription of the five hundred thousand dollars, by the Commonwealth, said Bank shall not be under any obligation to extend the amount of capital stock: And, provided further, That if said Bank shall take payment of the said five hundred thousand dollars in State bonds, bearing five per cent. interest, payable semi-annually at the office of the Bank, and not to be sold by the Bank under par, the charter of said Bank shall be extended until the first day of January 1856; and said Bank shall have authority to establish and continue either one or two branches, with a reasonable amount of capital; and if she shall establish one of the Branches within three years, the charter shall be extended four years, and on the establishment of the second branch, the charter shall be extended five additional years; and if said Bank elects to establish either one or two Branches, she Proviso. 1838. may appoint such officers and agents for the management thereof as the President and Directors shall deem proper. Approved February 16, 1838. locate route for road. CHAP. 891-AN ACT to establish a State Road from Spottsville, at Lock and WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that the public will be greatly benefited by the opening of a road from Spotts' falls, on Green river, in the county of Henderson, to the town of Bowlinggreen, in the county of Warren, passing the several Locks and Dams on Green and Barren rivers, and affording facilities of travelling to and from all the public works on said streams; and as their is not a continuous road along the line of said works, and as it is important that there should be, to afford a land communication between them-therefore, SEC. 1. Be it enacted by the General Assembly of the ComEngineer to monwealth of Kentucky, That the resident Engineer of the examine and Green and Barren river public works shall proceed to view a way between the above mentioned points, and when he shall be satisfied as to the best route for a State road, from and to the points before mentioned, he shall cause the route selected by him to be marked and identified, that there will be no difficulty in finding and pursuing the same; he shall adopt the route of the present roads, whenever he shall find them suitably located between said points: and it shall be the duty of said Engineer to make a report, in writing, to the several County Courts, designating therein fully and explicitly the route and ground over which said proposed road shall pass. Duty of county courts upon receiving report SEC. 2. That upon the before mentioned report being made to the said County Courts, the route therein designated shall be and the same is hereby established a State road; and it shall be the duty of those County Courts to lay off said road into convenient precincts, and appoint surveyors, and allot a sufficient number of hands to each, to clear out and improve said road within each of their respective counties, directing that said surveyors shall cause said road to be cleared at least thirty feet wide, and the stumps in the same cut low and rounded at the tops, the banks of creeks and branches graded, and to throw bridges across the same where they may be deemed necessary, so as to admit of safe and convenient passage: Provided, That a majority of the Justices of the Peace in Butler, Daviess, Henderson and Muhlenburg counties shall concur in opinion that so much of said road as passes through their respective counties shall be of public benefit, then said County Courts shall cause said road to be opened and not otherwise. SEC. 3. That it shall not be lawful for the County Courts, 1838. Road not to be changed,un of the counties through which the before mentioned road shall pass, to alter or change said road, after the same shall have been cleared out, unless it shall be deemed necessary by a majority of the Justices of the Peace in the county where such less by a maalteration shall be proposed; but it shall be their duty, at all jority of justitimes, thereafter, to appoint a sufficient number of hands to ces. keep said road in repair; and the surveyors and hands thereof shall be governed by the same laws and regulations as now are, or may be, in force in this Commonwealth in relation to the working on and improving the public roads. SEC. 4. That any person, over whose land said road shall pass, shall have the right to obtain from the County Court of writ. the county in which said land lies, a writ of ad quod damnum under the provisions of the general law of the State, and the damages assessed under such writ shall be levied by said County Court, as is directed by the provisions of said road law. Approved February 16, 1838. May issue CHAP. 892-AN ACT to establish a State Road through Grayson County to Commissioners appointed, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Jesse Moorman, of the county of Hardin, John Crutcher, of the county of Mead, Luther and their duG. Talbot, James Bently and Thomas M. Yates, of the county ties. of Grayson, John Honaker, of Butler county, Asa T. Mitchell, of Warren county, be and they are hereby appointed Commissioners, whose duty it shall be, or a majority of them, after having been duly sworn before some Justice of the Peace, to mark out the most practicable route for a road from the mouth of Salt river, passing through Litchfield or by the White Sulphur Springs, (as said Commissioners may elect,) in Grayson county, thence to Bowlinggreen; and said Commissioner shall make a correct return of all their proceedings to the respective County Courts through which the proposed road is to pass, at the County Courts of May or June next, if practicable, if not, as soon thereafter as practicable; and, thereupon, it shall be the duty of said County Courts to proceed thereon, in the manner prescribed by an act, approved January 13th, 1831, establishing a road from Hopkinsville, via Cadiz and other points, to Columbus on the Mississippi river. SEC. 2. That each Commissioner be allowed the sum of one Pay allowed dollar and fifty cents per day for each day engaged pursuant to commissionto the requisites of this act, to be allowed them by their respective County Courts at their next levy court; and if said road shall be opened, it shall be the duty of the several County Courts, through which said road passes, to appoint overseers and allot sufficient hands to keep the same in repair in their respective counties. Approved February 16, 1838. ers. 1838. Turnpike companies, &c. CHAP. 893-AN ACT to enforce the collection of Tolls at Turnpike gates In this Commonwealth. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the several turnpike road companies, and other corporations in which to make reports the State is a stockholder, to make report to the Auditor, every six months, of the true condition of their respective corporations, and particularly the amount of profits, or dividends, declared, and the amount to which the State is entitled; which report shall be signed by the President, and verified by his oath. For a failure to pay, may be proceeded against. SEC. 2. That in case any of said corporations, or companies, shall fail or refuse, for the space of ninety days after such dividend is declared, to pay over the States' share or dividend so declared, then the Attorney General is authorized to proceed against such delinquent corporation in the General Court, in the same manner, by summary proceeding, that he is now authorized to proceed against delinquent Sheriffs, and other collecting officers, for failing to pay over the State revenue; and the proceeds of all such companies and corporations, when collected, shall be paid over to the Commissioners of the Sinking Fund; and it shall be the duty of the Governor to furnish the Attorney General with a list of all such delinquent companies, or corporations, which shall be his authority for instituting the proceedings required by this act. Approved February 16, 1838. to be held. CHAP. 894-AN ACT giving the people of Oldham County the right to locate their County Seat by vote. WHEREAS, it is represented to the General Assembly of the of the Commonwealth of Kentucky, that the citizens of Oldham county labour under great inconvenience from the present location of their seat of Justice-therefore, SEC. 1. Be it enacted by the General Assembly of the ComWhen and monwealth of Kentucky, That it shall be lawful for the qualwhere election ified voters residing in Oldham county, to determine the seat of justice of said county by an election, to be held on the first Monday in May next, at the several places of voting for members of the Legislature in said county, and West Port, La Grange and Brownsborough shall be in nomination, and such other point or place as the County Court of said county shall direct; and if any one of the places shall have a majority of all the qualified voters in said county, such place shall be the permanent seat of justice of said county; and it shall be Duty of coun- the duty of the County Court to provide the necessary public buildings at such place, and cause the seat of justice to be removed accordingly. The number of qualified voters in said county shall be determined by the number of votes on the ty court. Commissioner's books, taken for the last apportionment of representatives, after striking off all those included in the boundary of Trimble county, and the number of deaths and removals, shall be considered in the count by those who have removed to the county and arrived of age. SEC. 2. The County Court of Oldham shall, at their March or April term, appoint two judges and a clerk to hold the election, at the several precincts in said county; and the election shall be held but one day, and the Sheriffs shall return the poll books, certified by the clerks and judges, to the County Court of Oldham on the second Monday in May, at which time the County Court of Oldham shall hold a session of said court to receive and count the votes and determine whether any of the places voted for has received a majority of all the votes of the county, as required by the first section of this act. And if any one of the places shall have a majority of all the votes of the county, it shall be the seat of justice; and if no one of the places voted for shall have a majority of all the qualified voters of the county, it shall be the duty of the County Court of Oldham, to direct another election to be held between the two places which received the highest number of voters at the first election, on some convenient day in the month of June, and to appoint judges and clerks to hold the second election, at the several places of voting in the county of Oldham for members of the Legislature, and direct when the poll books, certified by the clerks and judges, shall be returned to the County Court of Oldham, to which day said court shall adjourn; and on the return of the poll books, the said court shall count the votes, and shall then direct an election to be held on some convenient day between the place having the highest number of votes and West Port, or the place which was the third highest in the first election, provided for by this act; and they shall appoint judges and clerks to hold the election as before provided, and appoint a day when the Sheriffs shall return the poll books, certified by the clerks and judges, to which day the County Court shall adjourn; and, on receiving the same, they shall count the votes and ascertain whether either of the places has received a majority of all the votes of the county, to be ascertained by said court as aforesaid; and if either place shall have a majority, such place shall be the seat of justice of Oldham county; but if neither shall have a majority of all the votes of the county, the seat of justice shall remain at West Port. Approved February 16, 1838. 1838. When & how votes to be received. Second election to be had, ifneither place shall receive a majority. CHAP. 895--AN ACT to incorporate the Kentucky Historical Society. WHEREAS, the collection and preservation of the antiquities of our country, and of memorials and documents serving to |