purpose of constructing said road; and whereas, the stockholders residing south of Williamstown were authorized to elect a board of directors to have the control and superintendence of construction of the road to be located and constructed between the towns of Georgetown, in Scott county, and Williamstown, in Grant county; and the stockholders residing north of Williamstown were empowered, also, to elect a separate board of directors for the purpose of controlling and superintending that portion of the road extending from Williamstown to Covington; and whereas, each board, so chosen, was given the entire and separate control over the portion of road under its superintendence, but providing that after the completion of the road the stock of said road shall be and continue joint and common to all the stockholders; and whereas, the company north of Williamstown have completed the construction of the portion of road under its control and management, and will have paid for the same in the course of the present year; and whereas, the company having charge of the road south of Williamstown has failed, for want of means, to construct a part of the road under its charge and management, and is, also, so much in debt that there seems to be no reasonable expectation or probability that the road under its control will ever be made, as the law now stands. Therefore,

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for that portion of the Covington and Lexington turnpike road company having control of the road north of Williamstown, to take charge of the construction and management of the unfinished road south of Williamstown, the same being between twelve and thirteen continuous miles nearest Williamstown, and thenceforth to own, possess, and manage the same: Provided, the said company north of Williamstown shall cause the same to be made and completed in three years from the first day of June, 1851.

Part of act In. corporating said

ed.

§ 2. That so much of the second section of said act to amend the charter of the Lexington and Covington turn- company repeal. pike road company, as declares that the stock in said road shall continue joint and common to all the stockholders, after the completion of said road, is hereby repealed; and the stockholders whose stock is now under the control and management of the board of directors having control of the road north of Williamstown shall be and are hereby constituted a separate and independent company, under the name and style of the Covington and Lexington turnpike road company, who shall be and forever remain separate and independent of that portion of said company owning the stock in the road now constructed south of Williamstown; and the stockholders whose stock is now under the control and management of the board of directors

1851.

to take effect.

having the control and construction of the road south of Williamstown, shall be and are hereby constituted a separate and independent company, under the name and style of the Georgetown and Dry Ridge turnpike road company, who shall be and forever remain separate and independent of that part of said company owning the stock in the road north of Williamstown; and that neither of said companies, thus formed, shall be held as in any wise responsible for actings or doings of the other; but each shall have the exclusive ownership and control of that portion of road which they have respectively made, or, under the provi sions of this act, shall make, and shall have full power and authority to elect its own president and directors, to declare its own dividends, and pay the same to its own stockholders; each company possessing and retaining_all the powers, rights, and capacities in severalty granted by the act of incorporation, and the amendments thereto, to the original company, and subject to all the restrictions to which said company is subject, not inconsistent with the provisions of this act; and that neither company shall be in any wise liable for the debts or contracts of the other now in existence, or which may be hereafter made or contracted.

§3. That for the purpose of enabling the respective companies to carry out the chief objects of this act, to-wit: the completion of the whole line of road, and the payment of the debts of the respective companies, that the provisions of an act to amend the charter of the Covington and Lexington turnpike road company, approved January 29, 1848, be extended until the whole road is completed.

§ 4. That this act shall be in force as soon as the conWhen this act sent of a majority of the stockholders of each company, in attendance at authorized meetings of the respective companies, to be held on the third Monday in April next, shall be given to the provisions of this act; of which meetings the respective boards of directors shall give at least three weeks' notice-the board north of Williamstown by advertising the same in at least one paper published in Cincinnati and one in Covington, and the board south of Williamstown by advertising the same in at least one paper published in Georgetown and one in Lexington; at each of which meetings two judges and a clerk shall be appointed by the stockholders in attendance, who shall cause a copy of this act to be read to the stockholders there present, and then proceed to take the vote for and against adopting the provisions of this act; in taking which vote, the same regulations shall be observed that are required by the charter of the company in electing the president and directors of the company. Upon counting the votes.

at said election, if a majority of the votes cast of the stockholders in attendance, or represented, shall be in favor of adopting the provisions of this act, then the same shall be certified by the judges and clerk of the eléction, under oath, to the auditor of public accounts and the president of the board of internal improvements, and this act shall be in full force and effect, but not otherwise.

1851.

CHAPTER 554.

AN ACT regulating the duties of the Clarke County Court, and the appointment of the County Treasurer.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in laying the levy, the Clarke county court shall impose a poll tax of twenty-five cents, and no more, on every free white male inhabitant, and every free male negro or mulatto man, living in said coun ty, and of the age of twenty-one years; and the residue of the money requisite to the payment of the claims allowed, and appropriations made by said court shall be levied by an ad valorem tax, to be fixed by reference to the taxable property of said county as reported in the commissioner's book for the current year; but said court may relieve, for any charitable reason, as heretofore, any of the persons so charged with said poll tax; and for collecting the amounts so levied, the sheriff or other collector shall be allowed a commission of three per centum.

§ 2. That said county court shall, at the court of claims and appropriations, appoint the county treasurer, a majority of the members of said court concurring, for the term of one year, and until the appointment and qualification of his successor.

§3. That in regard to any claim or appropriation allowed or made by said court, the votes of the members of the court shall be stated on the record, at the request of any one of the members.

Approved March 22, 1851.

CHAPTER 555.

AN ACT to amend an act, approved January 29, 1846, incorporating the town of Hillsboro', in Fleming county.

Whereas, it is represented to this general assembly that the citizens of the town of Hillsboro', in Fleming county, had failed to comply with the act incorporating said town, in the election of trustees, and that doubts exist as to the validity of the official acts of the present trustees. For remedy whereof,

1851.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the election of the present trustees of the town of Hillsboro,' and all their official acts, made in pursuance of the act incorporating said town, approved January 29, 1846, are hereby declared valid; and, hereaf ter, the trustees of said town shall be elected on the second Saturday in April in each year.

Approved March 22, 1851.

'established.

CHAPTER 556.

AN ACT to establish the town of Lovelaceville, in Ballard county. §1. Be it enacted by the General Assembly of the Commonwealth Boundaries of Kentucky, That the town of Lovelaceville, in Ballard county, which has been laid off by John Hardin, surveyor, upon the lands of Andrew Lovelace, shall be and the same is hereby established upon the plan laid down by said Hardin and the proprietor thereof: Provided, that the upper cross street, running east and west in said town, shall be thirty-three feet wide.

Trustees to

of said town.

§ 2. That hereafter the fiscal, prudential, and municipal concerns of said town shall be vested in a chairman and anage affairs four trustees, who shall be elected annually, on the first Monday in June, by the free white male inhabitants over the age of twenty-one years, and who have resided six months in said town previous to such election, and shall hold their offices for one year, and until their successors are elected and qualified. The trustees shall prossess the same qualifications as a voter; and, before entering upon the duties of their office, shall take an oath before some justice of the peace of Ballard county, faithfully to perform said duties. All vacancies in the trustees of said town shall be filled by the remaining trustees.

powers.

§ 3. That said chairman and trustees, and their succesTrustees, their sors in office, shall be a body politic and corporate, to be known by the name and style of the chairman and trustees of the town of Lovelaceville; and, by that name, shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of answering and being answered, in any court in this commonwealth.

Further duties and powers.

§ 4. That said chairman and trustees shall have power over the streets in said town; may direct the improvement of the same, in such manner as they may deem most beneficial to the interests of said town; they shall have power to levy and collect a tax upon the property and citizens of said town, not exceeding twenty-five cents on each one hundred dollars' worth of property, and one dollar and fifty cents on each tithe; they shall have power to declare what are nuisances within said town, and, by their order,

may direct the same to be abated, or may, by their by-laws, impose a fine on any person or persons who may have caused the same, in any sum not more than ten dollars. It shall be their duty to appoint a treasurer, clerk, and marshal for said town, and take from them, respectively, bond, with security, payable to the commonwealth of Kentucky, in such penalty as the chairman and trustees shall direct, conditioned for the discharge of their respective duties; and for a violation of duty on the part of either of said officers, motions may be made, or suits brought before any tribunal having jurisdiction thereof, in the same manner, and under the rules and regulations that motions are made or suits brought against sheriffs, constables, or other officers for failure of duty; they shall have power to remove any of said officers on their failure to discharge their duty; and said officers, before they enter on the duties of such offices, shall take an oath before said chairman for the faithful discharge of their respective duties.

1851.

§ 5. It shall be the duty of the treasurer to render to said Treasurer's daty chairman and trustees an account of all money received and paid out by him, whenever by them requested so to do; and no money shall be paid out by him except by order of said chairman and trustees, or a majority of them; said chairman and two trustees shall be sufficient to do business, or, in the absence of the chairman, three trustees, one of whom shall act as chairman pro tempore.

§ 6. That it shall be the duty of the marshal of said town to collect the taxes of said town, and make due returns thereof to said chairman and trustees, and to return the delinquents. It shall be his duty to pay over the money, so by him collected, to such person or persons as said chairman and trustees may direct.

§ 7. That it shall be the duty of the clerk, appointed by said chairman and trustees, to keep a true record of the proccedings of the board, which shall be signed by the chairman; and said board may allow the several officers appointed by them such compensation for their services as they may deem just and proper.

8. That Joseph Ashbrook, J. B. Nuckolds, and J. B. Ross, or any two of them, are authorized to hold an elec tion, in said town, of a chairman and four trustees, on the first Monday in June, 1851; and it shall be the duty of the chairman and trustees of said town to appoint suitable of ficers to hold an election, in said town, of a chairman and trustees, according to the foregoing provisions. Approved March 22, 1851.

Duty of marshal

Duty of clerk.