1851.

over the taxes to the treasurer.

purpose, he shall have the same powers of distraining, advertising, and selling personal estate and slaves which he has in the collection of the state revenue; and when he shall be unable to find any personal estate or slaves liable to the tax of any individual, he may levy on his real estate, and sell the same under the rules and regulations prescribed for the sale of real estate under executions. But the owner of any real estate, so sold, who shall not have consented in writing, to the sale, shall have five years to redeem the same, upon the payment of the purchase money and ten per cent. interest per annum, with all taxes and levies which shall have accrued subsequently to the sale; and any such owner who shall have so consented, in writing, shall have one year to redeem, upon the same terms.

§ 11. The sheriff shall, from time to time, pay over said Sheriff to pay taxes to the treasurer of the said sinking fund commissioners as he shall collect the same, under the penalties prescribed by law for failing to pay over the state revenue, and take duplicate receipts therefor, one of which he shall lodge with the clerk of the county court; and he shall be allowed for his services two per cent. of all moneys collected and paid over.

be appropriated.

§ 12. That the commissioners of the sinking fund of Fayette How taxes to county shall see that the sheriff collects and pays over, according to law, the taxes herein directed to be levied, and shall institute legal proceedings against him in case of failure. They shall appropriate such taxes to the payment, at the city of New York, of the interest on the bonds herein directed to be issued. They shall cast the votes to which the county of Fayette shall be entitled in any railroad company, by reason of its stock subscribed under the provisions of this act. They shall receive the dividends upon all such stock, and apply them first to the payment of the interest on the county bonds, and when a surplus shall accrue after the payment of such interest, they shall apply it to the purchase of such bonds, if they can be purchased at par; and if that cannot be done, they shall invest such surplus in some safe and profitable manner, and in such manner that when it shall, at any time, be wanted for purchase or payment of the county bonds, it can be speedily and readily converted into cash for that purpose.

the county, how to be applied.

§ 13. All dividends which shall be received upon any Dividends due railroad stock which shall be owned by the county of Fay ette, are hereby sacredly set apart as a sinking fund, to be only used as above provided, for the payment of the principal and interest of bonds which shall be issued by the county of Fayette, under the provisions of this act.

§ 14. That the said sinking fund commissioners shall keep a record of all their proceedings and doings; and their treasurer shall keep strict accounts of all moneys which shall be received or paid over by him, and shall an

nually, before the expiration of his term, settle the same in the Fayette county court.

1851.

Approved January 25, 1851.

CHAPTER 165.

AN ACT declaring Little Sandy navigable to the mouth of Laurel creek, in Morgan county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Little Sandy river is hereby declared a navigable stream from Bare's mill, in Carter county, to the mouth of Laurel creek, in Morgan county; and any person obstructing the above named stream, within the above named points, shall be amenable to the laws now in force against the obstruction of navigable streams in this commonwealth.

Approved January 25, 1851.

CHAPTER 166.

AN ACT to amend an act to incorporate the town of Mayslick, in Mason county, approved February 1, 1837.

Whereas, doubts exist whether the town of Mayslick, in Mason county, is entitled to the privileges of the general laws regulating towns in this commonwealth, under the special act incorporating said town. Therefore,

General town to Mayslick.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the town of Mayslick, in Masón laws applicable county, be and the same is hereby entitled to all the benefits and privileges of the general laws regulating towns in this commonwealth.

Patrols may

§ 2. That the trustees of said town shall have the right and privilege to appoint patrols in said town, consisting of be appointed. persons over the age of twenty-one years, any law to the contrary notwithstanding, to be governed in their duties by the existing laws; and said patrols shall receive for their services the fee now allowed by law out of the county levy, and any further sum that the trustees of said town may deem reasonable in addition thereto, which additional sum shall be payable out of the treasury of said town.

§3. That all of the road tax in said town shall be invested in the hands of said trustees, to be specially appropriated to working the public roads, streets, and alleys in said town; and said trustees are hereby directed and empowered to appoint an overseer to superintend the working of said public highways, streets, and alleys, to be governed in all respects by the laws now in force for working public roads in Mason county.

How road tax to be invested.

How fines to

§ 4. That all fines and forfeitures, except those which are by law directed to be paid into the public treasury, which be invested.

1851.

may accrue in the town of Mayslick, and within one-half mile from the limits thereof, shall be paid over to the treasurer of said town for the use and benefit thereof, to be applied to the working of said public highways, streets, and alleys.

Approved January 25, 1851.

ed.

CHAPTER 167.

AN ACT to incorporate the Richmond and Irvine Plank Road Company. § 1. Be it enacted by the General Assembly of the CommonCompany form wealth of Kentucky, That a company is hereby formed for the purpose of making a plank, gravel, or McAdamized turnpike road, in all or in part of either material, (and omitting either material where the ground may not require it,) from the town of Richmond, by the way of the upper Estill road, to Irvine, under the name and style of the Richmond and Irvine plank road company.

§ 2. That the capital stock of said company shall not Capital stock. exceed forty thousand dollars, which shall be placed under a board of managers, to be appointed in the manner hereinafter directed.

Books to be opened for the subscription of stock

Commissioners.

Covenant to be signed.

§ 3. That books for the subscription of stock shall be opened on or before the day of February next, under the direction of the following named commissioners: at Irvine, Thomas D. Chiles, Josiah Parks, and Ebenezer Wilson, in and Richmond, Tho. Embry, G. Clay Smith, Joshua Parks, and William Rodes. The commissioners at each of the places shall procure one or more books, and, in each of them, enter as follows viz: "We, whose names are hereunto subscribed, promise to pay the board of managers of the Richmond and Irvine plank road company the sum of one hundred dollars for every share of stock set opposite our names, in such manner and proportion, and at such times as shall be determined on by said board, and agreeably to an act of assembly incorporating said road company. Witness our hands this day of in the year The said commissioners shall give, in the Richmond Chronicle, and by written notices to be set up in Richmond and Irvine, and at other public places along the line of said road, at least ten days' notice of the times and places at which said books will be opened for the subscription of stock in said company, at which times and places some one or more of the commissioners above named shall attend, and perEstill & Mad. mit the Estill and Madison county courts, by their treasurers or clerks, and all'persons of lawful age, bodies corporate and politic, to subscribe for any number of shares of said stock. The books shall be kept open for the purpose aforesaid, by adjournment from place to place and from time to time, until the whole number of shares shall have

Commissioners

to give notice of opening books

of time & place

ison

County courts may subscribe.

been subscribed, of which adjournment said commissioners shall give such notice as the occasion shall require.

1851.'

When company

ized and directors elected.

§ 4. That when two hundred shares of said stock shall have been taken, the said commissioners shall give ten may be organdays' notice, in the Richmond Chronicle, and by written notices to be put up in Richmond, Irvine, and at other public places, that the number of shares required for organization has been subscribed, and that a meeting of stockholders will be held at such place as said commissioners shall designate in said notice, for the purpose of organizing a board of managers for the construction of said road, by the acceptance of this charter, and the election of five managers, one of whom shall be president of the board, to be designated as such by the stockholders at the time of the election of said board, and also by the election of a treasurer; at which election at least three of said commissioners shall be present, who shall proceed to take the vote, by ballot, of all the stockholders, who shall have the right to vote in person or by proxy, in writing, each stockholder having one vote for every share of stock he holds. The said board of managers shall hold their offices for one year from the day of their election, and until others shall be duly elected and qualified.

ers.

§ 5. To enable said board of managers to carry out the Corporate powobjects of this charter, when organized as above provided for, it shall be and is hereby declared to be a body politic and corporate, in deed and in law, by the name and style of the board of managers of the Richmond and Irvine plank road company, and, under that name and style, shall have perpetual succession and all the privileges, immunities, and franchises of a body politic and corporate; and shall be capable of taking and holding the said capital stock, subscribed for as aforesaid, and the increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper to carry out the intent of this act, and of purchasing and holding to them and their successors in office and assigns, and also of selling, transferring, and conveying in fee simple, all such lands and tenements, hereditaments and estate, real and personal, as shall be necessary to the prosecution of their work; of suing and being sued, pleading and being impleaded, defending and being defended in all courts of law and equity, and in all places whatever; also, to have and use a common seal, and the same to alter and renew at pleasure; and to make such by-laws, not inconsistent with the constitution and laws of this state and the United States, as may be necessary for the government of the affairs of said board; and do all and every other act and thing which a turnpike corparation may lawfully do.

1851.

When organ

and construct

road.

§ 6. That the Estill and Madison county courts, a majority of all the justices of each of said counties being present and acting, are hereby authorized and empowered to order, each for itself, its clerk or treasurer to subscribe for as many shares of stock in said company as it shall deem advisable, which subscription, when made, shall be binding on said county or counties; and to enable said county courts to pay such subscription of stock, when made, it is hereby authorized and empowered to assess a tax upon all the property and estate subject to the payment of state revenue within its limits, the tax thus levied not to exceed the rate of six cents on the one hundred dollars worth of property for any one year, and the same, when collected, shall be paid to the treasurer of said county, who shall pay the same in discharge of the subscription of county stock, as aforesaid, in such proportions and at such times as shall be called for by said board of managers. The dividends or profits arising from said stock shall, from time to time, whenever other dividends are declared, be paid over to said county courts, and shall go in aid of the county levy.

$7. That said board of managers shall have power to locate said road along the line of the present road from ized may lay out Richmond, by Viney Fork meeting house, to Irvine, and shall have power to diverge from the line of said road, as it now runs, only in such cases as they shall be permitted to do so by the consent of the owners of land over which the changes shall be proposed to be made.

Shall keep a record of their acts.

§ 8. Said board of managers shall keep a record of their proceedings, which shall at all times be open to the inspection of each and all of the shareholders in said company.

§ 9. Said road shall not be made more than thirty nor Width of road. less than eight feet wide; and those who subscribe stock may pay their calls on the same in work or material, under such regulations as the board may adopt.

Certain provis fort, Paris, and

ions of Frank

Georgetown road adopted.

gates & collect

tolls.

§ 10. That all the provisions, from section 6 to section 24 inclusive, of an act, entitled, an act to incorporate the Frankfort, Georgetown, and Paris turnpike road company, approved February 28, 1835, (except so far as is already provided for in this act, or may come in collision with the provisions of the same,) so far as the same are applicable to the objects and intent hereof, be and the same are hereby adopted and re-enacted as a part of this act.

§ 11. That when five continuous miles of said road shall May erect toll have been completed, according to the requisitions of this act, the said board may erect a toll gate thereon, and charge the same tolls as are now charged on the Richmond and Lexington turnpike road.

§12. That the sheriffs of Estill and Madison counties Sheriffs of Mad shall collect the road tax to be assessed by their respective

ison and Estill

to collect tax.

county courts, under the provisions of this act, and shall