LAWS OF KENTUCKY. stitution of the United States; they shall, also, have power to call a general meeting of the stockholders whenever to them it shall appear necessary, giving notice of the time and place thereof, in such manner as may be regulated by the by-laws. of said corporation. 1838. Stock consid estate. SEC. 5. That the shares in said company shall be considered personal estate, and be transferrable on the books of said ered personal company, in such manner and under such regulations as the President and managers may prescribe. Commission open ers to SEC. 6. That Charlton Shean, Samuel S. Lansdale, James Young, William H. Hays, and Abraham Ditto, are hereby constituted Commissioners to open books and raise subscrip- books. tions for the capital stock of said company, and to superintend the first election of President and managers; any three of them shall be competent to perform the duties hereby enjoined; said Commissioners shall open said books for the subscription of stock, at some time to be fixed by them, on or before the. first Monday in May 1839; and shall keep them open until the first Monday in June thereafter, unless the capital stock shall be sooner subscribed. Election of SEC. 7. That so soon as one fifth of the stock of said company shall be taken, said Commissioners shall appoint a day and place for holding the first elections for President and President, &c. managers, and give notice thereof in some public newspaper had when and published in Elizabethtown or Louisville, or both places, for where and how. at least fifteen days; they shall superintend said election, declare who have been duly elected, and give certificates thereof; and upon such election, said company shall become incorporated, and competent to exercise all the powers and capacities given by this act; and the President and managers, when elected, may, from time to time, open the books and receive subscriptions of stock until the whole is taken. How pay SEC. 8. That payment shall be made of said shares, at such times and in such amounts as the President and managers ment of stock may prescribe, they giving twenty days notice of the time to be made. and amount of calls; and should any shareholder fail or refuse, for the space of thirty days, to pay any call so becoming due, the President and managers may either sue for the same or forfeit the share. Approved February 16, 1838. CHAP. 904-AN ACT to authorize the Trustees of the town of Taylorsville to sell and convey a part of Water Street. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Trustees of the town of Taylorsville be and they are hereby authorized to close up all that part of Water street, in said town, which fronts lots Nos. 32, 33, 34, 35, and to sell the same either at public or private sale. 1838. SEC. 2. That the said Trustees shall, upon the payment of the purchase money, convey said ground to the purchaser, or purchasers, thereof, and the money arising from such sale shall be applied, by said Trustees, towards the public improve ment of said town. Approved February 16, 1838. CHAP. 905-AN ACT to authorize the County Court of Montgomery County to subscribe stock in the Maysville and Mountsterling Turnpike Road. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Montgomery county shall have power, by an advalorem tax upon property now taxable, or by increasing the county levy, according to the present mode of making said levy, or by both, to raise such sum or sums of money, from time to time, as the said court shall, in its discretion, deem necessary, for the purpose of making a subscription for stock in the Maysville and Mountsterling turnpike road: provided, however, that the sum or sums, so raised, shall not exceed five thousand dollars. SEC. 2. That the power above given shall only be exercised by the same number of Justices that is required, by law, to lay a county levy, when said levy is laid for other purposes. SEC. 3. That all sums levied, by virtue of this act, shall be collected and accounted for by the same officer who collects and accounts for the county levy and revenue tax of Montgomery county, for the time being, with like authority and responsibilities which appertain to said officer in the collection of said county levy or revenue tax. SEC. 4. That said court shall not levy said tax, for the purposes abovementioned, until it shall be ascertained, by petition or by popular vote, that a majority of the qualified voters of said county is in favor of said subscription of stock. Approved February 16, 1838. CHAP. 906-AN ACT for the benefit of the Madison Troop of Cavalry. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall, hereafter, be lawful for any number of men to join the Madison Troop of Cavalry from the seventh, nineteenth, and thirty fifth Regiments, so as not to exceed the number of sixty four, and not to exceed thirty men from any one Regiment; provided no militia company shall be reduced below the number of sixty four rank and file. Approved February 16, 1838. CHAP. 907-AN ACT to amend the several acts concerning the Hartford Bridge WHEREAS, it is represented to the Legislature of Kentucky, that the capital stock subscribed and appropriated, by and un. der the several acts incorporating the Hartford Bridge Company, has proved insufficient to complete the erection of said bridge, and that public and private interest will be sacrificed by an abandonment of said work in its advanced stagetherfore, ed. 1838. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the capital stock of said com- increased, and Capital stock pany be and the same is hereby increased the sum of two how to be raisthousand seven hundred dollars, to be subscribed, one half by individuals and one half by the State; and the President and managers of said bridge company may open books and receive the further subscription, as above provided for, on the part of individuals, of stock to the amount of one hundred and thirty five shares, of ten dollars each; and when said amount of stock is thus subscribed, on the part of individuals, and the same duly certified to the Board of Internal Improvement, it shall be the duty of said Board to subscribe a like amount of stock on the part of this State: provided, however, that said Board shall not make said subscription, on the part of the State, until it shall be satisfied that said work is of sufficient public utility and importance to justify said expenditure, and that the same will, when completed, yield a reasonable dividend. SEC. 2. That should said subscription be made by the Board Duty of the of Internal Improvement, on the part of the State, then it Board Internal shall be the duty of said Board, whenever it shall be duly cer- Improvement. tified by the President and manages of said company that any payments have been made by the private stockholders in said company, on their stock, to pay, on the part of the State, out of the Internal Improvement Fund, a like amount; and shall make to said company payments of equal amounts with those made by individuals, until said stock is fully paid up. SEC. 3. That the Board of Internal Improvement shall have the same supervision and control over the erection of said bridge that they have over other works of internal improvement in this State. Approved February 16, 1838. CHAP. 908-AN ACT amending the road law in Bracken County, and for other purposes. Duty of the SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Bracken shall, hereafter, previous to the first Monday in June of each county court. year, appoint a road Commissioner in each election precinct; but in case of failure, in any one or more of the precincts, the 1838. Road Commissioners. Commissioner or Commissioners of the other- precincts shall do the duty of Commissioners for the county. SEC. 2. That the road Commissioners shall, on or before Duty of the the first Monday in August in each year, appoint suitable persons as overseers of roads, furnishing each with a plain description of the road or roads of which he is made overseer, together with the names of the persons intended to perform labor on said road or roads, with the amount of tax to be worked out by each. SEC. 3. That it shall be the privilege of each road CommisCommission- sioners to superintend the working of roads, or to give iners to superin- structions to overseers in relation to the manner of repairing tend working of or working the same, or any part thereof, provided that no roads, &c. Commissioner shall exercise such privilege without his own precinct, unless he has the approbation of the resident Commissioner. SEC. 4. That any person appointed by Commissioner, as Overseers to overseer, shall perform the duties of said office for at least one serve one year. year; and any person who refuses to perform the duties of overseer, and not accept his list when tendered by the Commissioner, shall be liable to a fine of eight dollars, recoverable by the Commissioner, by action, before a Justice of the Peace. Overseers to take an oath form thereof. To warn the SEC. 5. That the overseer, upon his appointment and before he proceeds to the discharge of the duties of his office, shall take the following oath, to be administered by the commissioner, viz: "you do solemnly swear (or affirm,) that you will faithfully discharge the duties of the office according to law, and the best of your abilities:" and he shall as often as in his judg ment is necessary, or when requested by the Commissioner, warn his hands to work on the road; and he shall, in all cases, hands to work give opportunity, of at least three days, for persons to work roads, return out the amount of tax due from them; and said overseers shall, delinquents, &c on or before the first Monday of June of each year, return a list of delinquents to the Commissioner of his precinct, or to the Clerk of the County Court, and in connection with the same, a list of all persons within the range of his list of hands who may have been omitted by the Commissioner, or in any way become liable to perform labor on roads; and an overseer shall be authorized to consider eight hours labor, and no less, a day's work upon a road. Overseers may &c. SEC. 6. That when necessary, overseers may employ teams on roads; and, in so doing, he shall not allow more than two dollars per day for a team, ploughman and plough; and for a employ teams, Wagon, team and driver, three dollars; and any person whose duty it is to perform labor on a road shall, when required by his overseer, furnish such team and utensil as the overseer may require, provided he owns the same; and for refusing or failing to do so, shall forfeit a sum not exceeding five dollars, for every such offence, recoverable by a Commissioner, upon information of the overseer, by action, before a Justice of the Peace. SEC. 7. That any overseer who shall, under the provisions of this act, perform service to an amount exceeding his road tax, shall be allowed for such service seventy five cents per day, payable by the Commissioner, or Commissioners, out of any unappropriated funds which may be in his or their hands, said overseer making oath to the correctness of his account, which oath may be administered by a Commissioner. 1838. Overseers al lowed for all work done, oroad tax. ver and above Bridges and how. to SEC. S. That where bridges or causeways are necessary, the overseers may cut and take from the lands of any person causeways adjoining, such and so much timber, earth, and stone, for be erected, and making and keeping in repair the same, (the same being first viewed and valued by two housekeepers, appointed and sworn for that purpose,) and the overseer shall furnish the owner thereof with a certificate of such valuation, and the amount shall be allowed him by the County Court. SEC. 9. That no corporate town in Bracken county shall be exempt from the operation of the road laws of said county. SEC. 10. That the provisions of an act, entitled, an act regulating the public roads and highways in Bracken county, approved February 25, 1835, and, also, the provisions of an act, entitled, an act to revive and amend an act, entitled, an act regulating the public roads and highways in Bracken county, approved January 9th, 1836, coming in conflict with the provisions of the foregoing sections, shall be and the same are hereby repealed. SEC. 11. That the County Court of Wayne may have pow er to authorize a road or roads to be opened to the coal banks, near Monticello, in said county. Approved February 16, 1838. Towns not exempted. Repealing clause. County court of Wayne. CHAP. 909-AN ACT to amend the Charter of the Covington Insurance Company. ed. Part of for SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the first section of said act, as provides that two hundred and fifty thousand dol- mer act repeallars of the capital stock of said company shall be divided into five hundred shares of fifty dollars each, be and the same is hereby repealed; and the said capital stock of two hundred and fifty thousand dollars shall, instead thereof, be divided into five thousand shares of fifty dollars each. SEC. 2. That so much of the tenth section of said act, as provides that the Secretary, assistant, and other officers and agents, shall be stockholders of the said company, be and the same is hereby repealed. Part of 10th sec. former act repealed. Individuals stock may be sold upon cer SEC. 3. That should any stockholder, in said company, fail or refuse to execute any note or notes, with satisfactory security, when required by the President and Directors, for the tain conditions. |