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ville, included within the following boundaries, to-wit: Mill street on the north, Tobacco street on the south, Seventh street on the east, and Third street on the west, to file a petition, in the nature of a bill in chancery, in the Louisville chancery court, against the city of Louisville, and all the other lot owners of any one or more of the squares, to close any street or alley dividing the lots and squares, upon the allegation that such street or alley designed to be closed is prejudicial to the lot holders, and the closing thereof will not inconvenience the public; and upon the establishment of said allegation, by proof, the court shall make a decree closing such street or alley; and that equal moieties of such street or alley, so closed, shall attach to each adjoining lot on said street or alley; and either party aggrieved may prosecute a writ of error from any decree in any such cause to the court of appeals, as in other suits. Approved March 24, 1851.

1851.

CHAPTER 704.

AN ACT supplemental to an act to prevent the destruction of fish in
Barebone Creek.

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Be it enacted by the General Assembly of the Commonwealth of Kentucky That an act, entitled, an act to prevent the destruction of fish in Barebone creek, in Trimble county, passed at the present session, to which this is a supplement, be and the same is hereby so amended that the provisions of said act shall not apply to the citizens of Trimble county.

Approved March 24, 1851.

CHAPTER 705.

AN ACT to amend an act, entitled, an act to incorporate the town of
Neetsville.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the qualified voters of the town of Neetsville, in Adair county, shall, on the first Monday in May next, meet at the house of Dr. O. Portman, or some other house convenient thereto, and on the same day in each year thereafter, and elect three trustees for said town, who shall continue in office one year, and until their successors are qualified. The said first election shall be conducted by William Thomas, William P. Williams, and Robert B. Mays, or any two of them, who are authorized to elect a clerk for the occasion, and to act as judges therein; and shall notify the persons who may be elected of their election. The trustees elected shall, before they enter upon the discharge of their duties, take an oath faithfully and impartially to execute and perform their duty as

Trustees to be elected.

1851.

Penalties for certain offenses.

Powers of the

trustees.

trustees of said town, before some justice of the peace, a certificate of which shall be made and filed with the clerk of the board of trustees.

§2. That any person or persons who shall be guilty of running horses, shooting guns, pistols, or other disorderly Conduct in said town, shall be fined not less than one nor more than two dollars.

§3. The trustees shall have power to sue for and recover a fine of not less than three nor more than ten dollars, for any breach of the by-laws that may be adopted by the board, notice being first given, by posting up copies at two or more public places in the town, for at least five days before they shall take effect.

§ 4. All fines shall be sued for and recovered in the name of the commonwealth of Kentucky, for the use and benefit of said town, by warrant before any justice of the peace of Adair county; and the trial of all warrants shall be had in said town; and all fines and forfeitures, so collected, shall be paid over to the treasurer of said town, and applied to the benefit of the town by the trustees.

§ 5. That the trustees shall have power to levy and collect a tax on the persons and property in said town, not exceeding one dollar on each tithe, and not exceeding fifty cents on the hundred dollars worth of property subject to taxation by the revenue laws of the state, to be collected in the same manner as, by law, the revenue and county levy taxes are collected; and in order to have such taxes assessed and collected, said trustees shall appoint, annually, an assessor and collector; and such collector shall be required to take an oath for the faithful discharge of his duties, and shall execute bond with security, in such penalty, and with such conditions as the board of trustees may direct and prescribe.

§ 6. That all elections for trustees of said town, after the election directed to be held in the first section of this act, shall be held on such day thereafter as the board may direct, by an order for that purpose, or may provide for such election by by-laws adopted for that purpose.

§ 7. That said trustees may levy and collect a tax, such as they may deem reasonable, on all shows or other exhibitions in said town, and may collect the same by distress or otherwise.

§ 8. That said trustees shall appoint some person, not of their body, treasurer of said town, who shall also be the marshal, collector, and assessor, and who shall give bond and security, in such penalty, and with such conditions as the board may prescribe; whose duty, as treasurer, shall be to keep a correct account of all moneys received by him, and shall make reports to the board of trustees of all moneys received and disbursed by him; but no money shall be paid out by him except by order of the board. They shall

appoint all such other officers as may be deemed necessary, fix the compensation of each, and provide for the payment of the same. All bonds taken by said board shall be made payable to the commonwealth of Kentucky, and may be sued on for the use of any one who may sustain an injury by a breach of the same.

§ 9. That the trustees shall appoint one of their own body as chairman, who shall continue in office for one year, and until his successor is qualified. They shall appoint a town marshal, whose duties shall be the same, and whose qualifications shall be identical with those of the town marshal of Columbia, in an act approved February 27, 1844, and his sureties shall be proceeded against as directed in said act.

§ 10. That all free white male inhabitants of said town, of the age of twenty-one and upwards, shall be eligible as trustees, and shall vote for the trustees of said town.

§ 11. The trustees shall, in their discretion, tax all hogs and other stock running at large and being raised in said town; and they shall cause all the by-laws and ordinances passed by them to be recorded in a journal of their proceedings, which shall be kept by the clerk of said board. That a majority of the trustees shall form a quorum to do business, to fill vacancies, &c., and they shall meet as often as a majority may deem necessary for the good government and regulation of said town.

Approved March 24, 1851.

1851.

Qualifications.

CHAPTER 706.

AN ACT to repeal an act for the benefit of H. W. Martin, approved
March 7, 1850, and for other purposes.

Whereas, by an act, approved March 7, 1850, Hudson W. Martin was permitted to change the location of a part of the state road leading from Glasgow to Lexington, and a change has been made in pursuance of said act; and it appears that a portion of the citizens in the neighborhood of said change are not satisfied. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the county court of Barren to appoint three disinterested persons to view the change in said road, as made by said Martin, and also to view the ground over which said road was located before it was changed by said Martin, under said act, who shall take into consideration the advantages and disadvantages to the public as well as to any private individual or individuals, which, in their opinion, would result from locating the road on the same ground on which it was located before it was changed by said Martin, and shall make a report to court, setting out the advantages and dis

1851.

advantages to the public and to any and all private indi viduals whose land said road may pass through, in case said road shall be located on the ground it occupied before it was changed by said Martin: Provided, that before enter ing upon the above named duties, the persons selected for that purpose shall make oath before some justice of the peace that they will discharge the duties devolved on them by this act honestly and faithfully. If, on the coming in of the report of the persons appointed, the court shall be of opinion that said road ought to be changed back to its former location, it shall be lawful for said court to make an order to that effect: Provided, that any person on whose land said road may be located by the proposed change, shall be entitled to a writ of ad quod damnum as under the laws now in force on the subject of opening and changing roads in this state, and the same proceedings shall be had thereon as the existing laws now require in such cases. Approved March 24, 1851.

CHAPTER 707.

AN ACT to repeal an act for the benefit of the devisees of Alfred Payne, approved March 7, 1850.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, "an act for the benefit of the devisees of Alfred Payne, deceased, late surveyor of Allen county," approved March 7, 1850, be and the same is hereby repealed: Provided, that none of the rights and titles that may have accrued and been perfected and vested, under said act, shall in any wise be affected by this act. Approved March 24, 1851.

CHAPTER 709.

AN ACT prohibiting the sale of liquor or goods to students in the Kentucky Military Institute.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall not be lawful to sell any spirituous, vinous, or malt liquor to any pupil or student in the Kentucky military institute, in Franklin county; and any person so offending shall be liable to a fine of ten dollars for each offense, recoverable by warrant before any presiding judge or justice of the peace having jurisdiction of the offense.

§2. That the parent or guardian of any pupil or student in said military institute shall not be liable for the amount or value of any goods, wares, or merchandise sold and delivered to such infant pupil or student, unless the same were sold and delivered at the written request of such parent or guardian.

Approved March 24, 1851.

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CHAPTER 711.

AN ACT to legalize a survey on Wolf creek, on behalf of William Mc-
Guire.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a survey containing one hundred and thirty-nine acres of land, on the waters of Wolf creek, supposed to be in Floyd county, made in the name of William McGuire, dated the third of June, 1845, and patented the 7th of July 1847, is hereby legalized, and shall be as valid as though it had been made by the surveyor of the county in which said land lies.

Approved March 24, 1851.

1851.

CHAPTER 714.

Company in.

AN ACT to incorporate the Iron Works Turnpike Road Company. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company is hereby formed, un- corporated. der the name and style of the Iron Works turnpike road company, for the purpose of constructing an artificial McAdamized road from the point where the Iron Works road now intersects the Georgetown and Frankfort turnpike road, at or near the second toll gate from Georgetown, on said turnpike; thence with the Iron Works road to its intersection with the Lexington and Covington turnpike road, at Donneraile; and that the capital stock of said company shall not exceed forty thousand dollars, to be divided into shares of fifty dollars each.

§ 2. That books for the subscription of stock in said company shall be opened on the first Monday in April next, or as soon thereafter as may be convenient, under the direction of Charles Buford, George W. Johnson, Leland W. Peak, Wm. H. Martin, Benjamin Tyler, and John Dougherty, who are hereby appointed commissioners for that purpose, and who are required to give at least ten days' public notice of the time and place of opening said books. And said commissioners shall take from each person subscribing stock in said company, in a book to be provided for that purpose, the following obligation, to-wit: "We, whose names are hereto subscribed, promise to pay to the president and directors of the Iron Works turnpike road company, the sum of fifty dollars for each and every share of stock in said company, set opposite our names, in such manner and proportions, and at such times as may be required by the president and directors of said company. Witness our hands this day of

Books to be opened.

may be elected.

§3. That so soon as the sum of five thousand dollars When directors shall have been subscribed, the said commissioners shall, at such time and place as they may designate, call a meeting of the stockholders, and hold an election for a president

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