qualified; successors to the third class of said commissioners shall be elected on the first Monday of August in the year succeeding the election last mentioned, who shall hold their offices for three years, and until their successors are elected and qualified: Provided, That none of the foregoing provisions of this act shall be construed as to prevent the re-election of any of the commissioners.

§ 13. Upon the petition of fifty of the legal voters of Christian county, residing in that portion of the county which is not embraced in the road district established by this act, it shall be the duty of the presiding judge of the Christian county court, sitting in court, to submit to the legal voters of that portion of said county the proposition to be included in said road district. The proposition shall be submitted at a special election, to be ordered by the said presiding judge, which shall be held in the same manner, and under the same restrictions, as is provided and directed herein before with reference to the said road tax; and the result of such election shall be ascertained, certified, and recorded in the same way. Should a majority of the votes cast at said special election be in favor of the proposition, then that portion of the county not embraced in said road district shall be added thereto, and included therein; and the public roads therein shall in like manner be subject to the control and management of the board of road commissioners of Christian county; and the property in that portion of the county subject to taxation for the revenues of the State and county, and the tithables residing in that portion of the county, shall, in like manner, be subject to assessment, levy, and taxation for the purposes provided in this act; but no persons shall be permitted to vote under this section, except bona fide residents of that portion of the county not embraced in said road district, who are at the time of the election legal voters of said county. Should the vote at such election be in favor of said proposition, then the whole of the territory embraced within the county of Christian shall constitute and be established as one road district: Provided, That there shall be no election under this section until after the first levy of taxes under this act is laid by the county court.

14. Any officer or other person who shall violate the laws regulating the election which shall be held as authorized by this act shall be subject to all the pains and penalties de

nounced by the statute laws of Kentucky against similar

offenses.

§ 15. That before any election shall be held under the provisions of this act, two or more citizens of the county of Christian, and residents of said road district, shall enter into bond, with approved security, before the county court of said county, conditioned for the faithful payment of all costs and expenses attending the holding of any special election under this act. If a majority of the votes cast under this act are cast in favor of the proposition as herein contemplated, the expenses of holding such election shall be paid out of the first levy laid and collected under this act. Should a majority of the votes cast at any such election be against the levy of said road tax, the obligors in said bond shall be liable upon said bond for the payment of such expenses.

§ 16. This act shall take effect and be in force from its pas

sage.

Approved March 29, 1882.

CHAPTER 594.

AN ACT to amend the road laws of Carter and Elliott counties.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That it shall be the duty of the county courts of Carter and Elliott to immediately, after the taking effect of this act, to appoint one road commissioner for each of said counties, who shall hold his office until his successor is appointed and qualified. It shall be the duty of said road commissioner so appointed, on receipt of notice of his appointment to said office, or at the next county court of his county thereafter, and before entering upon the duties of his said office, to take an oath or affirmation for the faithful discharge of his duties as road commissioner of said county, and give bond and security, to be approved by the county court, and payable to the Commonwealth, and conditioned for the faithful discharge of his duties as road commissioner, on which bond any person considering himself aggrieved may sue, and one recovery shall be no bar to another suit or suits.

§ 2. It shall be the duty of the road commissioner to lay off each of said counties in two road districts, which he may

alter and change at pleasure, and to appoint one road overseer for each district so laid off by him; and he may remove the said overseer at pleasure; and it shall be the duty of the several overseers so appointed by the road commissioner to cause the roads in their respective districts to be improved and kept in good repair, and see that all the labor or money due to the roads is faithfully applied to the roads of their districts: Provided, That the money collected in each district shall be applied to the benefit of the roads in that district, if the commissioner shall choose to direct the same.

§3. The said commissioner shall be a body-corporate, and by the name of the road commissioner of Carter or Elliott county may sue and be sued, may plead and be impleaded, defend and be defended, answer and be answered; and by the name and style aforesaid may contract and be contracted with in relation to any of the objects, direct or incidental, for which he was appointed, and he and his successors shall be considered in law a body existing in perpetuity: Provided, however, That any person injured may and shall, for the malfeasance or non feasance, trespass on, or conduct incompatible with the powers granted by this act of incorporation on the part of said commissioner, have the right to sue such commissioner and his securities in their individual right; and in that character shall they alone be liable for said wrongs herein before enumerated.

§ 4. That when any thing shall be subscribed by any person or persons in aid of improving the public roads, or the building or repairing of any bridge, and failing to pay the amount so subscribed, the commissioner shall have the right in the law to recover the sum so subscribed.

§ 5. Every male person residing in the county over the age of twenty years, and under the age of fifty years, shall be compelled to furnish work on the public roads, by himself or substitute, four days in each year, furnishing suitable tools for the performance of the labor so required. It shall be the duty of the overseer to give each person liable to work on the public roads at least three days' notice of the time and the place of working said roads in said district; and if such person should fail to attend and work out the time required of him by law, to the satisfaction of the overseer, or furnish said four days' labor by substitute, he shall forfeit and pay to the overseer of his district two dollars for every one day of said

work so delinquent, to be recovered by suit in the name of the Commonwealth, as is hereinafter provided for, which amount so recovered shall be applied to the road or roads where the labor originally belonged.

6. That the county judge and justices of the peace in said county be, and are hereby, authorized to render judgment out of their regular term time against any hand that shall hereafter fail to work said roads as required of them by this act, by due proof being made thereof before said judge or justice of the peace of such failure. The overseer shall be a competent witness to prove any fact before any judge or justice on trial of said cause, and proof of the person having had three days' notice, verbal or written, given to him, or left at his residence with any member of his family competent of informing him of the time and place of working the roads, will be sufficient. The penalty for failing or refusing to work roads shall be two dollars for each day, and capias pro fine may issue on all such judgment until same is satisfied.

§ 7. The road commissioner may exempt any person from all or any part of their road work for manifest disability or other good causes shown, and giving the person so exempt a certificate of such exemption. Any person claiming exemption from road work on account of age, must present to the overseer, if he require it, his affidavit stating that he is over fifty or under twenty years of age, sworn to before some officer authorized to administer an oath; and the road commissioner is hereby authorized to administer said oath that may be required in the enforcement of said law in said county.

§ 8. There shall be collected by the sheriffs of each of said counties, at the same time they collect State revenue tax, ten cents on the one hundred dollars' worth of property assessed for State revenue purposes, which sum so collected shall constitute a road fund for said counties over and above the labor as required by this act. The said sheriffs shall give bonds, made payable to the Commonwealth, with good security, conditioned for the faithful discharge [of] the duties as required of them by this act, for the faithful collection and disbursing of said road fund according to the requirements of this act, which bonds shall be approved of by the county court of the respective counties the same as other bonds of said sheriffs, and on which, for any failure of said sheriffs to collect or dis

burse said road funds according to the requirements of this act, it shall be the duty of the road commissioner, in his corporate capacity, to institute suit in the county court of said county against said sheriff and his securities, and to prosecute said suit to final judgment for such default of said sheriff.

§ 9. It shall be the duty of each and every road overseer to report to the road commissioner of his county, and settle up his accounts as road overseer on or before the first day of December of each year, which report or settlement shall be verified by the oath of said overseer. They shall also report the condition of the roads in their districts; and if any overseer shall fail to so report and settle up with said commissioner, or having settled, there be any laborer delinquent in his district at the time of his settlement, he shall himself be responsible for such delinquents, unless he can show, to the satisfaction of the road commissioner, that such delinquency was not a fault of his. It shall be the duty of the road commissioner, on or before the first Monday in January of each year, to report to the county court any overseer that may be delinquent for the previous year, or in making his settlement with said road commissioner as required by law, and said court shall cause a rule to issue against such overseer, and after five days' notice to him, shall render judgment against him for the full amount of the labor due the road in his said district, unless he shall answer and show by proof that the said labor has been applied to the road in good faith, or that the same could not be obtained after proceeding as directed by law; but shall render judgment for all costs if he shall fail to settle before he was reported to said court. On such judgment rendered by said court a capias pro fine may be issued against said overseer from time [to time] until the same shall have been satisfied. Said suit shall issue in the name of the road commissioner, who shall be a competent witness to prove any fact on the trial of said suit. Any person liable to do work on the public roads may be appointed overseer by the said commissioner, and upon his receipt of the commission, or notice of his appointment as overseer of certain districts, he shall be held by the law to be the overseer of said district, and liable to all the penalties of this act: Provided, That no person shall be required to serve as overseer more than two years out of any three. The road commissioner