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CHAPTER 248.

AN ACT authorizing the improvement of the Fountain Ferry Road in Jefferson county.

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

§ 1. That the Fountain Ferry road, in Jefferson county, commencing at the western line of the city of Louisville, and extending westwardly to Front street, as known as West Louisville, and fronting the Ohio river, shall be improved twenty feet wide by macadamizing or graveling or both, at the cost and charge of the owner or owners of the land within fifteen hundred feet each side of said road authorized to be improved by this act. The road shall be graded and shaped for proper drainage, with all necessary culverts and bridges for public travel, and when completed, the county court of said county shall have control over it, and keep it in repair at the cost and expense of said county.

$2. That W. R. Ray, J. F. Pelle, Jos. Shulte, J. W. Stine, Commissioners John M. Delph, and Nicholas Knadler, are appointed commissioners for said improvement, and they have the power to contract and be contracted with for all necessary materials and work for the construction of said improvements, to em. ploy an engineer, and to have the general superintendence and control of said road and improvements thereof, and all matters connected therewith; and should any such contractor or engineer fail, refuse, or neglect to perform his duty or contract, said commissioners may discharge him, and annul the contract or employment; and should any of said commissioners fail or neglect or refuse to act, or should there be a vacancy in said board of commissioners from any cause, the judge of said county court may supply said vacancy by the appointment of some proper and fit person.

3. That it shall be the duty of the engineer to ascertain, Engineer-duty. by actual measurement, the number of square feet or acres or

parts of acres of land within the boundaries aforesaid, and the names of the owners thereof, and to make an estimate of the probable cost of said improvements, including all neces sary and proper outlays for or attending the construction of said improvements of said road, and to report the same to the judge of said county court, with a fair and equal apportionment of said cost and expenses among said owner or owners of land within said boundary, according to the number of

square feet or acres or parts of acres owned by them respectively.

4. That the judge of said court shall have jurisdiction to receive and cause to be recorded in the record of said court the said report of the engineer, and to hear, try, and act as judge of the court on any objections or exceptions or complaint of any owner or owners of land apportioned to pay for the construction of said road, and to correct said apportionment; and said judge shall, upon said report of the engineer being apportioned by him, cause certificates to be issued by the clerk of the court against the said owners of land, respectively, in favor of said commissioners, or to such person or persons as they direct in writing according to said appor

ment.

Lien.

5. That a lien shall exist upon the land apportioned as aforesaid for the amounts chargeable, with the costs and expense of the construction of the work and material and other expenses incidental to making said improvements, which lien may be enforced in the Louisville chancery court by said commissioners, contractors, or other person holding and having right to said certificate, or any of them, and the land which is chargeable with the amount of such certificate sold. §6 The engineer shall have the immediate and special su- Engineer- duty. perintendence of the constuction of said road, and have the power to reject any material or work which may not, in his judgment, be a compliance with the contract for said material or work; but he shall report to said commissioners immediately such suspension.

§ 7. That said commissioners shall adjust and settle all accounts and claims for and on account of said improvements, and make a full detailed statement of such accounts to the judge of said county court, who shall examine them and approve or reject any item as in fiduciary accounts.

same.

8. That said commissioners shall not be personally bound or liable for any contract or agreement they may make for said improvements, nor for the collection of the cost of the They may assign said certificates to any contractors for work or materials, or other person having a claim against said road, or they may place the same in the hands of the sheriff of said county for collection, and if placed in his hands, he shall collect and account for the same as he is required by law to collect and account for the State revenue;

Costs.

and he and his sureties on his bond as collector of the State revenue shall be bound to said commissioners, who may enforce said liability by proceedings by motions against said sheriff and sureties in the said county court by giving five days' notice. The said sheriff shall have no power to levy upon personal or real property to enforce the collections of said certificates or amount thereof, and he shall settle with and pay over to the clerk of said court for all collections made by him, which settlement shall be reported to the judge of said court, and when' approved by him, entered on the record of said court. The sheriff's accounts and reports shall be subject to exceptions.

9. That it shall be the duty of said clerk of said county court to record and receipt for all money paid to him by the sheriff on account of said improvements of said road, and to keep an account of same, and pay the same to the order of said commissioners, or a majority of them, and report his account to the judge of said court, and if approved by him, enter it on the record of the court. The said clerk and his sureties shall be bound and liable on his official bond to said commissioners, and they may enforce the same by motion.

§ 10. That said commissioners may cause said road to be graded so as to make a good and sufficient drainage of same, by ditching the side of said road, or otherwise, and cause the necessary culverts and bridges to be made on said road for public travel, which grading, ditching, culverts, and bridges. may be contracted for and made before the metal is put upon said road; and the metaling of said road may be delayed or postponed by said commissioners until they shall consider it expedient and proper. The costs and expenses of said grading, ditching, culverts, and bridges to be paid for as directed for in this act for the payment of the making said road, with macadamizing or gravel, and such costs and expenses to be collected in the same manner. The commissioners may make all necessary contracts to carry into effect this act, and appor tionment of the costs and expenses of grading, ditching, culverts, and bridges shall be made on the land within said district when said grading, ditching, culverts, and bridges are completed, and the work received by the commissioners; and if the commissioners thereafter determine to have the said road metalized as authorized by this section, the costs and expenses thereof shall be apportioned, borne, collected,

accounted for, and paid over as directed in this act as to whole improvement, as provided in the case of the sheriff in this act.

§ 11. The sheriff and clerk of said court shall be entitled Compensation. for their services required by this act the same fees as now allowed by law for similar services: Provided, That that portion of the land embraced in the district named, lying and being within one thousand feet of said road, shall be liable for double the amount, in proportion to quantity, for which portion lying more than one thousand feet shall be liable. 12. This act shall take effect from its passage.

Approved February 23, 1882.

CHAPTER 249.

AN ACT directing the Auditor of Public Accounts to revise the accounts of Isaac S. Bow, sheriff of Cumberland county, for the years 1879 and 1880, and to cause to be refunded to him any sum which he may have overpaid the State on said accounts.

WHEREAS, It appears that, owing to inaccuracies in the copies of the assessor's book furnished to the sheriff of Cumberland county for the years 1879 and 1880, he was overcharged for those years, and paid into the Treasury money not justly due from the county; therefore,

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

1. That the Auditor of Public Accounts be, and he is hereby, authorized to revise the accounts of Isaac S. Bow, sheriff of Cumberland county, for the years 1879 and 1880, and if he find that said sheriff has been overcharged, and has paid into the Treasury any thing over and above his lawful indebtedness, the said Auditor shall refund the same to him, and is hereby authorized and directed to draw his warrant on the Treasurer in favor of said Isaac S. Bow for any sum ascertained as above indicated to be due him, and the said: Treasurer will pay the same out of any fund in the treasury not otherwise appropriated.

§ 2. This act to be in force from its passage.

Approved February 23, 1882..

CHAPTER 250.

AN ACT to authorize the county court of Hart county to borrow money to relieve the poor of said county.

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

§ 1. That the county court of Hart county, a majority of the justices of said county being present and concurring therein, is authorized and empowered to borrow any sum of money they may deem proper, not exceeding three thousand dollars, for the purpose of providing for the poor and destitute of said county, and said court may appoint such officials or other persons of said county as they deem proper to borrow said money and superintend the distribution of same.

§ 2. The court by its orders shall direct the amount of money to be borrowed, the rate of interest to be paid, and the time for which it is to be borrowed: Provided, The rate of interest shall not exceed six per cent. per annum, and the time not to exceed two years.

§ 3. The court shall cause the bonds of said county to be executed for the money so borrowed, which bonds shall be signed by the judge of the county court of said county, attested by the clerk, and made payable at the office of the clerk of the county court of said county, and shall specify the purposes for which the bonds are executed, and said county court shall provide for the payment of said bonds out of the county levy of said county.

§ 4. This act shall take effect from its passage.

Approved February 23, 1882.

CHAPTER 251.

AN ACT for the benefit of Larkin Morris, J. M. Adams, J. H. I. Jeffrey, P. J. Miles, and Joseph Doane.

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

1. That license and authority is hereby granted, and power conferred upon Larkin Morris, of Powell county; J. M. Adams, of Franklin county, J. H. I. Jeffrey, of McCracken county; P. J. Miles, of Mason county, and Joseph Doane, of Boyd county, to sell goods, wares, and merchandise, other

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