§ 3. If the company, owner, or lessees fail for ninety days alter judgment to put their road declared out of repair in good repair, they shall be deemed to have abandoned the entire line of road, and it shall after that time be a county road, and worked as other county roads.

4. If any person shall charge or collect toll at any gate or gates ordered to be thrown open under the provisions of this act, or at any gate within one mile thereof, until the road has been put in good repair, or shall charge or collect toll on any road when the company, owner, or lessees have failed to put the road in good repair, for the space of time provided in section three of this act, the person so charging or collecting toll shall be fined, upon conviction before the county judge, not less than twenty and not more than fifty dollars for each offense. The offending shall be prosecuted by warrant issued by the county judge in the name of the Commonwealth of Kentucky, and it is made the duty of the county attorney to represent the prosecution in all cases arising under this act.

§ 5. If from any cause the county judge can not discharge the duties imposed by this act, the magistrate living nearest the county-seat shall act for him and in his stead.

§ 6. Either party may take an appeal from the judgment of the county judge within sixty days, as provided in section 724 of Civil Code, to the circuit court, and section 726 of the Civil Code shall regulate proceeding in circuit court; but if the defendant takes the appeal, he shall, before doing so, execute before the clerk of the circuit court a bond to the Commonwealth of Kentucky, with good security, conditioned that he will successfully prosecute said appeal, or failing, pay cost and damage; and if the judgment of the county judge be affirmed in part or in whole, he and his sureties shall be liable on said bond for all costs incurred in both courts, and all damage that any person has sustained by reason of the appeal.

§ 7. This act shall only apply to turnpike roads that the county contributed to build under the provisions of the turnpike law of Henry county, and shall take effect and be in force from its passage.

Approved April 1, 1882.

CHAPTER 708.

AN ACT for the benefit of, and to amend the charter of, the Blue Lick Turn. pike Road Company.

WHEREAS, The Blue Lick Turnpike Road Company, incorporated February 24th, 1869, undertook to build a turnpike road leading from the Louisville and Shepherdsville Turnpike Road, at or near the point where the New-cut road leading from Shepherdsville to Louisville intersects it, and running thence with or near the New-cut road to the old coal bank, in Bullitt county; thence to the school house near H. B. North's; thence with or near the old county road to the gap in the knob, in Bullitt county; which is still unfinished, and the work on said road was stopped because of a failure of means in the hands of said company to carry on the said work to its final completion, and was left in such condition at the time work was stopped on same that the company is not allowed to collect tolls on any portion of said road; and whereas, the said company had become indebted to some of its stockholders, and to other parties, in such sums as it was unable to pay without a sale of its road-bed, franchises, and charter privileges; and in order to pay said debts, under and by virtue of an act, entitled "An act for the benefit of, and to amend the charter of, the Blue Lick Turnpike Road Company," approved February twenty-third, 1878, authorizing the sale of said road-bed, franchises, and chartered privileges, a petition was filed in the Bullitt circuit court by one S. D. Brooks and other creditors of said company, to subject said road-bed, franchises, and chartered privileges to the payment of their debts, and obtained a judgment for the sale of said road-bed, franchises, and chartered privileges; and thereafter the said property was sold by the master commissioner of the Bullitt circuit court, at the courthouse door in Shepherdsville, and the said S. D. Brooks became the purchaser of same, and thereafter obtained a deed from the commissioner of said court, conveying to him the said road-bed, franchises, and chartered privileges, as directed by the judgment of the court aforesaid; and whereas, the said S. D. Brooks has, for a valuable consideration, conveyed to the following named parties: C. N. Sanders, S. N. Brooks, D. F. Brooks, A. F. Brooks, Edward C. Preston, and W. B. M. Brooks, the said road-bed, franchises, and chartered privileges, the said parties being original stockholders in the said

company; now, in order to enable the said parties to finish and complete the said turnpike road,

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

§ 1. That the proceedings had in the Bullitt circuit court, under and by virtue of which the road-bed, franchises, and chartered privileges were sold, are hereby declared legal and valid.

2. That the said G. N. Sanders, S. N. Brooks, D. F. Brooks, A. F. Brooks, Edward C. Preston, and W. B. M. Brooks shall, within thirty days after the passage of this act, meet at such a place as they may think proper, for the purpose of electing a president and four directors. One vote shall be allowed for each share of stock; and the president and directors shall continue in office for one year, and until their successors are elected and qualified. The time and place of each election thereafter shall be fixed by the president and directors, a majority of whom shall be competent to do business.

§3. The said G. N. Sanders, S. N. Brooks, D. F. Brooks, A. F. Brooks, Edward C. Preston, and W. B. M. Brooks are authorized to open books for additional subscriptions to the capital stock of said company at such times and places as they may deem proper; and subscriptions made and entered in said book or books, signed by the party subscribing for same, shall be collected as other debts.

§ 4. All the provisions embodied in the act incorporating the Blue Lick Turnpike Road Company, approved February 24th, 1869, and all amendments thereto (except so much of the amendment approved February 23d, 1878, as authorized the sale of road-bed, franchises, and chartered privileges), are made a part of this act.

5. This act shall take effect from its passage.

Approved April 1, 1882.

CHAPTER 709.

AN ACT to incorporate Lamasco, in Lyon county.

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

§ 1. That the town of Lamasco, in Lyon county, Kentucky, be, and the same is hereby, incorporated, with the following

boundary, to-wit: Beginning at and including John S. Parker; running thence and including Charles C. Bull; thence to and including James M. Early; thence to and including Minus Cotton; thence to and including Robert Gray; thence to and including John H. Spurlin; thence to and including Levi Jones; thence to and including J. W. Vinon; thence to the beginning. That the inhabitants of said boundary be, and they are hereby, created a body-politic, with perpetual succession, with power to sue and be sued, contract and be contracted with, plead and be impleaded, defend and be defended, by the name of the town of Lamasco; and to have a corporate seal.

ARTICLE II.

Officers and Elections.

1. That the municipal government of said town shall consist of the board of trustees of Lamasco, composed of five persons, one of whom shall, at the first regular meeting of said board of trustees, be by them selected, in such manner as they, or a majority of them, shall determine, to preside over their meetings; and he shall be styled chairman of the board of trustees of Lamasco; and the following named persons, to-wit: N. N. Rice, W. W. Thaeler, Minus Cotton, Robert Gray, C. C. Cummins are hereby appointed and constituted such board of trustees, who shall hold their office until the 6th day of May, 1882, and until their successors are duly elected and qualified as hereinafter prescribed.

§ 2. That the said board of trustees and their successors shall be a body-politic and corporate, and shall be known and called by the name of and style of "The Board of Trustees of Lamasco;" and by that name shall be capable in law, and for and in behalf of said town, of contracting and being contracted with, of suing and being sued, of defending and being defended, of pleading and being impleaded, in all courts and places; and of taking, holding, purchasing, leasing, and conveying such real, personal, and mixed estate as the purposes of the town may require, within or without the limits aforesaid; they may or may not have a corporate seal. Said trustees herein mentioned shall, before they enter upon the duties of their office, be duly sworn by some justice of the peace for said county or other officer of the town or county authorized LOC. L., VOL. I-74

by law to administer an oath, that they shall faithfully discharge the duties of said office.

3. That all the legislative power and authority of said town, together with the fiscal, prudential, and municipal concerns thereof, and the government and control of the same, shall be vested in said board of trustees.

§ 4. That the other officers of said town shall be as follows: a clerk, a police judge, an attorney, a treasurer, a marshal, and assessor, and such other officers as the board of trustees may, from time to time, direct and appoint.

$5. That an election shall be held in said town on the first Saturday in May, and every year thereafter, except for police judge, which shall be every two years, at such place as the board of trustees may appoint, and of which ten days' previous public notice shall be given in written or printed notices posted in four public places in said town by the town clerk.

§ 6. That at the said election there shall be elected by the qualified voters of said town five trustees, a police judge, one marshal, and one assessor; and the person or persons having the highest number of votes cast at said election for either of - such offices shall be declared elected.

7. That the officers elected by the people under this act shall respectively hold their offices for one year, except the police judge and marshal, which shall be for two years, and until the election and qualification of their successors respectively. All other officers mentioned in this act, and not otherwise specially provided for, may be appointed by the board of trustees at the first regular meeting thereof after the election, or as soon thereafter as may be, and respectively continue in office one year, and until the appointment and qualification of their successors; but the board of trustees may appoint night and day watch men, policemen, firemen, surveyors, gaugers, weighers, and inspectors, and other like officers, to continue in office during the pleasure of the board of trustees. Officers elected or appointed to fill vacancies shall respectively hold for the unexpired term only, and until the election or appointment and qualification of their successors. If there should be a failure by the people to elect any officers herein required to be elected, the board of trustees may appoint such officers, or forthwith order a new election.

8. That every person appointed to office by the board of trustees, or elected by the people, may be removed from such