shall allow each overseer in his settlement with him one dollar per day necessarily spent on or for the benefit of the road in his said district over and above the four days required of him by law, to be paid out of the road fund of said county as other claims are paid, for the enforcement of the road laws of said county.

§ 10. The road fund of said county shall be under the control of the road commissioner of said county, and paid out on his orders, which shall be proper vouchers in the hands of the sheriff for the payment of the same; it shall be the duty of the road commissioner first of all to settle the incidental expenses of the enforcement of the road law in said county, and give his orders for the same on the said road fund; the residue of the said road fund shall be applied by the road commissioner to the improvement of the public roads in said county, which improvement he may have made by contract. or otherwise as he shall deem proper: Provided, however, That when the amount to be expended shall exceed fifty dollars, there shall be associated with him two other persons, citizens of the county, to be appointed by the county judge, who shall not be interested in the improvements to be made, and who, while acting as councilor or adviser, shall be under oath for the faithful performance of their duty as such; and when said improvement shall have been completed to the satisfaction. of the commissioner or commissioners and advisers, where the amount shall exceed fifty dollars, the commissioner shall draw his order on the sheriff for the amount so expended for roads (or other improvements), directing it to be paid out of the road fund of said county, which order the sheriff shall pay when it is presented to him and there is funds in his hands to that amount. The said commissioner shall, on or before the first Monday in January in each year, make and deliver to the couuty court a true report of the condition of the road fund of said county, showing the amount that has 'been collected the previous year, and from what source it was collected; also the amount that has been expended, and what such expenditures were for, for the same period; also show the total amount, if any, delinquent to said fund, and any other facts that said commissioner should have reported; he shall also make a true copy of said report, and cause the same to LOC. L., VOL. (~66

be posted on the court house door at the same time for publicinspection.

11. The county judge, county clerk, and road commissioner, or any two of them, shall constitute a board to settlewith the sheriff, on or before the fifteenth day of December of each year, the receipts and disbursements of the road fund of said county by him, and make such allowance to said sheriff as may seem reasonable, which allowances may be kept out of said funds by said sheriff.

§ 12. The road commissioners shall be allowed a reasonable compensation for his services as road commissioner. He shall keep a correct account of his services, and make out a detailed account of the same, and present it to the county judge and clerk, who shall audit said account, and direct the sheriff to pay to said commissioner the amount allowed out of said road fund not otherwise appropriated.

§ 13. It shall be the duty of the road commissioner of said county to procure and keep in his office a book or books in which he shall cause to be entered the name of all the road overseers, with the date of their appointment, and the boundaries of all road districts in said county; alsoto keep a record of the state of road funds in the hands of sheriff, and a record of the settlement with said sheriff, which book shall be public property and delivered to his successor in office, with all other property belonging to said county road fund that may be in his hands when his successor has been appointed and qualified. Said books shall be considered a part of incidental expenses of the enforcement of the road law, which shall be paid for out of the road fund. It shall also be the duty of said road commissioner to furnish to each road overseer an order of his appointment as overseer, containing the boundary of his district. The road commissioner shall also cause an abstract of this act to be printed in pamphlet form and furnish each road overseer, which shall be held by said overseer as public property, and deliver the same to their successors in office, with all other public property held by him as road overseer. The publishing of said law shall be paid for in the same manner and out of same fund as other incidental expenses.

§ 14. That in case of any vacancy by death, removal, or otherwise, in the office of road commissioner, the county court shall fill the vacancy by appointment of a successor,

whose duty it shall be to execute bond and perform all the duties as are herein required by the commissioners herein named, and upon the appointment and qualification of a new commissioner the former one or his representative shall deliver to his successor all the books and papers belonging to the public or which was purchased with the public money.

15. In all motions or suits brought under the provision of this act by the road commissioner, the attorney for the Commonwealth, if in the circuit court, and the county attorney, if in the county court, shall officio prosecute the same; and the clerk, sheriff, and other officers shall charge no fees unless judgment be given against defendant or defendants; and then the costs in the execution shall be for the benefit of the officers rendering services, and for witness and others who have a right thereto; and the officers collecting the same shall pay the same over to the person entitled thereto. § 16. Whenever it shall become absolutely necessary, in the improvement and repairs of the public roads and bridges, for the county or counties to have the service of teams or to have timber, stone, earth, or other materials for said purpose, and the same cannot be obtained by contract or otherwise, then the overseer, whose duty it is to have the public roads kept in repair, may press any team or teams, cut and carry away from the lands adjoining any timber, stone, earth, or other material that may be necessary to make said repairs. He shall first have the things so taken or pressed valued by two disinterested freeholders of said county; and they shall certify such valuation to the road commissioner for settlement, and deliver the same, when called upon, to the owner of said property so taken; and when said certificate, with the valuation, is presented to said commissioner, he shall settle the same as is provided for the settlement of other claims against said commissioner: Provided, however, That in no case shall the overseer take any material for the repairs of roads from any town lot.

17. That whenever it shall become necessary for the improvement of any of the public roads of said county to change the track of said roads to either side of the old track, the overseer shall have the power to change said road to either side of the old track, not exceeding sixty feet from the original track, without the consent of the owners of the lands where said change is made; he may move in any fence leaving

it as good as it was when he so moved it; but in no case shall he pull down or remove any house or other building without the consent of the owner. All such changes of such roads must be to obtain better grounds for said roads to pass over. If any person consider himself aggrieved by any such changes of the road, he may present his case to the overseer making said changes, and then said overseer shall take two or more disinterested freeholders, and have them value the damage that is claimed to have been done by such change of the road, taking into consideration the land that has been abandoned by the road to the owner, as well as the land occupied by the road, certifying such valuation to be reasonable to the road commissioner; and he shall settle the same, if he considers it just and reasonable, the same as other claims against the road fund.

§ 18. It shall be the duty of the road overseer to cause to be erected and kept up, on a post or tree at the forks of the roads or crossing of the public roads in said county or counties, guide-boards, with painted subscription thereon directed to the most noted places to which each of the roads lead, the cost of which shall be paid out of the road fund of said county. The public roads, when necessary, may be kept open fifty feet wide; and in no case shall they be closed up to less width than fifteen feet. Any person closing up said road to a less width, or willfully filling up a ditch of said road, or tearing out a water break, or tearing down a guide board, or otherwise obstructing or damaging said road, shall be liable to be prosecuted and fined, in the discretion of the jury, any sum not exceeding fifty dollars. The circuit judge shall give specially in charge of the grand jury the road laws of said county. Any officer required to perform duties by and under the said road law may be presented by the grand jury of said county, and fined, in the discretion of the jury, any sum not exceeding fifteen dollars for overseer, and fifty dollars for other officers, for the willful neglect of the duties required of them by this act over and above the responsibility that they may incur from such neglect of duty. In said action, fines recovered against any officer or other person arising under this act shall be paid over by the officer collecting the same to the sheriff of said county, to be held and paid out by him as part of the road fund of said county; and the officer collecting and paying over the same shall forthwith report the same to

the road commissioner, with the amount so collected and paid over to said sheriff.

§ 19. That all former amendments to the road laws of the counties of Carter and Elliott, and all general laws in conflicting with this act, as far as the aforesaid counties are concerned, are hereby repealed.

20. This act to take effect from its passage.

Approved March 29, 1882.

CHAPTER 595.

AN ACT to incorporate the Falmouth and Cynthiana Turnpike Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That such persons who do subscribe or otherwise contribute to the capital stock for the construction of a turnpike from the terminus of the two miles of the turnpike built by the Falmouth Turnpike Road Company and its Claysville route to Cynthiana, in Harrison county, Kentucky, are here. by created a body-politic and corporate, under the name and style of the Falmouth and Cynthiana Turnpike Company, Style. and by that name may contract and be contracted with, sue and be sued, and to do all other things necessary and proper to carry out the object of its incorporation, and to have perpetual succession.

§ 2. That George W. Booler, George C. Farris, John Johnting, Joseph Riggle, and John W. Ammerman, be, and are hereby, appointed commissioners, who, or any one of them, are authorized to receive subscriptions to the capital stock of said company until a sufficient amount is subscribed to complete said road; but when three thousand dollars to said capital stock is subscribed, the stockholders are authorized at such time and place, and in such manner as may be directed by said commissioners, any three of whom may act, to elect a board of directors composed of five of its stockholders; said board shall elect one of its number as president, and shall elect a treasurer and secretary. Said board shall hold their office for one year, and until their successors are elected. In all elections each stockholder shall have one vote for each share of stock owned in said road, which vote he may cast in person or by written proxy.

Commissioners.