§ 2. That if any person or persons, owning, riding in, or driving any carriage, cart or wagon of freight or pleasure, or riding, leading or driving any horse, mule, or any description of stock, shall pass through any of the toll gates erected, or to be erected, on the Warsaw turnpike road, without paying the tolls fairly due from him, her or them, or shall evade the payment of tolls by passing around any of said gates, or shall practice any artifice or device with the intention of evading or lessening the tolls, every person or persons so offending shall, for every such offense, forfeit and pay to the president and directors of said company the sum of five dollars, to be sued for and recovered, with costs of suit, before any justice of the peace in this commonwealth, upon warrant returnable forthwith, upon which judgment and execution may issue forthwith. Approved January 21, 1851. 1851. CHAPTER 138. AN ACT to confirm a sale made to S. S. Atwell, by the Second Auditor, of a house and lot in Brandenburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sale made by Francis Peyton, as agent of the second auditor, to S. S. Atwell, of a house and lot in the town of Brandenburg, be and the same is hereby confirmed, and all the right, title and interest of the commonwealth in and to said house and lot is hereby vested in the purchaser aforesaid.. Approved January 21, 1851. CHAPTER 141. AN ACT to incorporate the Hall of Simpson Division, No. 75, Sons of Temperance. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James W. Moore, president, and Jason Neely and Durham Hail, directors, and their successors and associates in office, be and they are hereby created and declared a body corporate and politic, to be known by the name and style of the president and directors of the hall of Simpson division, No. 75, sons of temperance. Directors incorporated. Corporate § 2. They shall hold, for the use and benefit of the stockholders, all estate, real, personal or mixed, that is or may powers. hereafter be conveyed to them for that purpose; and shall have the power, by that name, of contracting and being contracted with, of suing and being sued: Provided, that they shall not have the power of making contracts affecting the interests of the stockholders, except in accordance with the wish or order of said stockholders, previously expressed in a meeting of the same; and in the transaction of their 1851. of directors. corporate business, they shall be governed by the rules and restrictions that may be thrown around them by said stockholders, who shall have the power of electing the trustees. § 3. The said president and directors shall hold their ofTerm of office fices until their successors shall be elected; and said division shall determine the time of election and duration of office: Provided, that the president and directors shall have power to elect any person to fill the unexpired term in any of those offices becoming vacant by death, resignation, or otherwise and, provided further, that the president and directors shall, in all cases, be sons of temperance and bers of said division; and said division shall have power to remove from office, for malfeasance or misfeasance, on conviction by proof, any of those officers, and may, if they think proper, increase the number of said directors. Rules, &c. to be prescribed by division. § 4. Said corporation shall have perpetual succession, under such rules as may be prescribed by the division aforesaid, or by the stockholders, not inconsistent with the constitution and laws of this commonwealth; and, in the transaction of their corporate business, shall be governed by this act, and by the terms of the article under and by virtue of which they subscribed their stock to said company. § 5. The general assembly hereby reserves the power to repeal or modify this act at pleasure. Approved January 21, 1851. CHAPTER 142. AN ACT to repeal so much of an act, approved February 23, 1849, as declares Three Mile creek, in Lawrence county, a navigable stream. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of an act, entitled, an act declaring certain streams in Floyd, and other counties, navigable, approved February 23, 1849, as declares Three Mile creek, in Lawrence county, a navigable stream, be and the same is hereby repealed. Approved January 21, 1851. CHAPTER 143. AN ACT to amend an act, entitled, an act to amend the charter of the Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the first section of an act, entitled, an act to amend the charter of the town of Bowlinggreen, approved March 5, 1850, be and the same is hereby so ainended as to read as follows, to-wit: that on the northwest side of said town, (starting from the court house,) the line bounding the northwest side of Clay street, being the fifth street from the court house, shall become a governing line in fixing the boundary of said town. That on the southwest side of said town a line four hundred and twenty feet southwest of the second street, lately laid off by Covington's heirs as an addition to the town, which line shall be parallel with Plain street, and distant there from twenty-six hundred and seventy feet, and, as thus fixed, shall become a governing line on the southwest. That on the southeast side of said town a line parallel with and four hundred and twenty feet southeast of the third street, in Skiles' enlargement, which is the fourth street in that direction from the court house, and the aforesaid line, thus described, shall be the governing line on the southeast. That on the northeast of said town, the northeast line of Perry street, in Moon's river addition to said town, which is the seventh street in that direction from the court house, shall become a governing line on that side; said governing lines shall be extended until they intersect at each corner, and all the town lots, streets, roads, and land within said boundary, and all additions to said town, laid off into town lots and streets, outside of the same, that have been regularly added to said town by order of the county court, and now recognized as in town, together with a square half acre lot adjoining lot number one hundred and twenty-four, and fronting Clay street, including the dwelling house of John B. Helm's farm, added by consent, the whole boundary thus described is hereby declared to be the town of Bowlinggreen; and all persons and property within said boundary shall have and enjoy equal rights and privileges; and all laws and municipal regulations heretofore passed for the government of said town, are hereby extended over the same. Approved January 21, 1851. 1851. CHAPTER 144. AN ACT for the benefit of Jesse Casity, late Sheriff of Morgan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Jesse Casity, late sheriff of Morgan county, shall have the further time of two years, from the passage of this act, to distrain for and collect the arrearages of tax and fee bills due him from the citizens of said county, any law to the contrary notwithstanding; but said Casity shall be subject to all the laws now in force for any breach of his legal duties. 16 Approved January 21, 1851. AN ACT for the benefit of Nathan B. Lowe and Joshua West. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the second auditor is hereby directed to issue his warrants on the treasurer, in favor of Nathan B. Lowe and Joshua West, for thirty-five dollars, each, for apprehending Reuben Reed, who had escaped from custody under a charge of felony. Approved January 21, 1851. tachments, &c. CHAPTER 146. AN ACT to amend the Police law of the town of Bedford, in Trimble county. 1. Be it enacted by the General Assembly of the CommonMay grant at wealth of Kentucky, That an act, entitled, an act to incorporate the town of Bedford, approved March 5, 1850, be and the same is hereby so amended as to give the police judge of said town power to grant attachments at law and in chancery, and to hear and determine all cases for alledged breaches of the penal laws of this state, as justices of the peace now do. § 2. That it shall be the duty of said police judge to issue Try all infrac. his warrant against, and of the marshal of said town to tions of town laws. apprehend, all persons charged with infractions of the ordinances of said town, and charged with the commission of offenses over which he has jurisdiction; and for every omission or neglect of his official duty, said marshal shall be subject to a fine of five dollars, to be recovered in the name of the trustees of said town before any justice of the peace of Trimble county, to be applied to the improvement of said town. Approved January 21, 1851. CHAPTER 148. AN ACT to repeal an act declaring Whippoorwill a navigable stream. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, an act to declare Whippoorwill a navigable stream, approved January 20, 1847, be and the same is hereby repealed. Approved January 21, 1851. CHAPTER 149. AN ACT to amend an act for the benefit of William Joshua Barney, and Whereas, it is represented that by virtue of an act of the general assembly, entitled, an act for the benefit of Wm. Joshua Barney, and Georgianna, his wife, approved March 1, 1850, said William and Georgianna have sold, by executory contract, the lot in said act mentioned, and that, by reason of the misdescription of said lot in said act contained, a difficulty has arisen in the execution of said contract. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said act of the general assembly be hereafter read and construed as if the words "on the southwestern corner of Madison and Mulberry streets," were inserted in said act, instead of the words "on the northwestern corner of Madison and Mulberry streets," as there found. Approved January 21, 1851. 1851. CHAPTER 169. AN ACT for the benefit of the sheriff of Caldwell county. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sheriff of Caldwell county be and he is hereby allowed six months, from and after the expiration of his term of office, to wind up and settle the unfinished business that may be in his hands at the time his said term of office shall expire: Provided, that the su reties of said sheriff shall appear at the county court for said county, and, in open court, consent to stand further bound upon their penal bond for the faithful performance of said sheriff for the time aforesaid, which consent shall be entered on the records of said court. § 2. That said sheriff shall, within the time aforesaid, be authorized to collect all such taxes, muster fines, and fee bills, as may be in his hands, due and collectable in said. county at the expiration of his said term of office; and he shall be and is hereby authorized and empowered to distrain for and collect the same, any law to the contrary notwithstanding. §3. That said sheriff shall be liable to an action for any illegal distress which he may make, under this act, in the collection of said taxes, muster fines, and fee bills, to the party who may be aggrieved, and, upon conviction thereof, shall pay such damages to the aggrieved party as a competent tribunal shall adjudge against him, and shall also be subject to the laws now in force in this commonwealth against collecting illegal fees and making illegal distress. Approved January 21, 1851. |