court of claims for said county shall each year elect a successor to the commissioner whose term expires the following January. § 2. That each commissioner, before entering upon the discharge of his duties, shall take an oath in the Clinton county court that he will faithfully and to the best of his ability discharge all the duties of his office, and properly account for all money or property that may come to his hands by virtue of his office, and execute a bond, with good surety, for a faithful performance of all the duties of his office, and that he will properly account for all money and property that may come to his hands. § 3. Said commissioners, after taking the oath of office and executing bond, shall meet, organize, and proceed to lay off the county into road districts, fix the boundary of hands that shall work in each district, select a suitable person in each district to be surveyor thereof, and divide the roads into first, second, and third class. The first class to be from twenty to thirty feet wide, the second class from fifteen to twenty feet wide, and the third class to be from ten to fifteen feet wide. They shall also number the road districts, and report their proceedings to the county court of said county. The county court shall ratify said proceedings and report, making such changes as may be deemed proper, and appoint as surveyors of the road districts the persons selected by the commissioners, or others instead thereof, if deemed best. The clerk of said court shall record the report of said commissioners, and the clerk and sheriff of said county shall proceed as now directed by law to notify the surveyors of their appointment. § 4. Said surveyors, upon notice of their appointment, shall enter upon a discharge of their duties and remain in office until January 1st, 1884. The court of claims for said county in 1883, and every two years thereafter, upon the recommendation of said commissioners, appoint surveyors for the road district in said county, whose term of office shall be two years, commencing the first of January following their appointment, notice to be given the surveyors as above required; and any person appointed may be fined ten dollars for refusing to serve. § 5. That all able-bodied persons between the age of sixteen and fifty years of age shall be assigned to work on the public roads in said county not less than three nor more than six days in each year, to be performed at any time after three days' notice; and each day's work shall be not less than -eight (8) hours' labor. Any hand may be released from work by furnishing an able-bodied substitute, paying one dollar for each day, or furnishing a team and plow, or team and wagon. § 6. That a road tax of five cents on each one hundred dollars' worth of property as shown by the assessor's book, shall be collected in each year, commencing in 1882. The payment thereof may be made in work at the rate of one dollar per day, or in money to the treasurer of the board of trustees on or before the first day of November each year, after which day the said treasurer shall furnish the sheriff of said county a list of those failing to pay said tax, who shall proceed to collect the same in the manner provided by law for collecting the revenue tax, together with fifteen per cent. added for the default, which per cent. shall be the sheriff's commission for collecting. The sheriff shall pay to the treasurer of the commissioner the money collected, and may return a delinquent list to the county court. The said treasurer and sheriff shall settle annually with the county court, and account for all money received by them under this act. § 7. That said commissioners, three constituting a quorum to transact business, shall agree upon a plan for work on the public roads and bridges, and see that the same is complied with, and the surveyors shall notify the hands in their districts and see that they perform efficient work, and see that those who pay the taxes in work perform and do faithful and efficient labor; and it shall be their duty to discharge any hand who attends and fails to perform efficient labor. The surveyors of roads shall fix days in the months of September and October each year, when persons who wish to pay their taxes in work may attend and discharge their taxes in work, but at no other time unless by request of the surveyor. The surveyors may notify the hands on the roads to attend at the same time. 8. That the commissioners shall appropriate the money collected under this act, as near as can be ascertained, without a minute calculation, in the district where collected. The taxes collected in Albany shall be expended in said town on the public square, streets, and alleys: Provided, The board of trustees of said town appoint a surveyor to take charge of the work in said town, and keep the streets in repair. $9. The commissioners and surveyors shall each be paid one dollar per day for each day's actual service under this act, after deducting the time they are liable to work. $10. That said commissioners, when necessary, if any funds. on hands, may purchase necessary tools and material to be used on the roads; and the surveyors, when necessary, may purchase timber, and employ team and wagon, or team and plow, at the rate of two dollars per day. All timber and material taken for use on the public roads shall be valued, and if the consent of the owner cannot be obtained, may be taken by first paying for it or tendering pay. § 11. That the commissioners may take bonds for surveyors where they furnish them with money or tools, and require reports from them; and said commissioners shall report annually to the court of claims the amount of money received, and how expended, and such other matters as they deem proper. 12. The county court shall be opened at any time to make necessary orders under this act; and shall, without delay, fill all vacancies in the offices of commissioner and surveyor. 13. That any person desiring a change in any public road, or a new road established, shall apply to the commissioners, who shall act as viewers, and report to the county court, which shall then proceed in all other respects as provided by the general laws of this State. 14 The surveyors shall keep their respective roads open the width designated in their orders; and shall keep their roads ditched on each side so as to drain them, and slope them from the center to each side, and remove all leaning or dead trees near the road, and overhanging limbs or brush; and they shall use broken rock or gravel on the roads, when the same can be conveniently obtained, if necessary to be used; and where small streams or low places are bridged, culverts shall be made. § 15. Any commissioner or surveyor failing to perform his duty under this act, may be indicted and tried in the circuit court, and fined not less than ten nor more than fifty dollars. Any hand who fails to perform his duty as required under this act, may be proceeded against in the name of the Commonwealth of Kentucky before a justice of the peace or county judge, and fined not less than two nor more than five dollars. Each day's failure to attend and work shall be a separate offense. All fines collected under this act to go to the road fund. § 16. That each surveyor shall, without unnecessary delay, remove any timber or obstructions in the road embraced in his district, and may require the aid of any hand, and give him credit for the time; and any hand failing to do so may be fined the same as for failures to work at appointed times on notice. § 17. The commissioners, if any money on hands, may employ hands to work on the roads at not more than one dollar per day, unless skilled labor is required; then they may pay more. § 18. The commissioners shall keep a record of their proceedings, which shall be open to inspection. $ 19. The county court may remove any commissioner for a failure to discharge his duties. $20. The commissioners shall cause all the public roads leading from the county seat to be measured and mile stones erected thereon; and see that the surveyors have sign-boards at all cross-roads and the forks of roads, plainly lettered, and giving the distance to the nearest county seat or public place. § 21. If a deficiency in the road fund, the court of claims shall appropriate a sufficiency out of the county levy. § 22. That all public laws consistent with this act shall remain in force; but all laws inconsistent with this act are hereby repealed. 23. That this act shall take effect from and after its passage. Approved March 24, 1882. CHAPTER 561. AN ACT providing for repayment of certain moneys to Caldwell county. WHEREAS, The county clerk of Caldwell county, under a misapprehension of the law, has, at various times, from 1865 down to the present time, paid into the State Treasury certain sums of money, amounting to $229.50, which came to his hands from the sale of vacant lands as provided in General Statutes, chapter 109, which moneys rightfully, as provided. under the above chapter of General Statutes, belong to the county for county purposes; now, therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and is hereby, directed to draw his warrant for said sum of $229.50 in favor of the county clerk of Caldwell county, payable out of any money in the Treasury not otherwise appropriated. 2. This act to take effect from its passage. Approved March 24, 1882. CHAPTER 562. AN ACT to amend the charter of the city of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky: $1. Public ways, as used in this act, shall mean all public streets, alleys, sidewalks, roads, lanes, avenues, highways, and thoroughfares, and shall be under the exclusive management and control of said city, with power to improve them by original construction and reconstruction thereof as may be prescribed by ordinance. Improvements, as applied to public ways, shall mean all work and material used upon them in the construction and reconstruction thereof, and shall be made and done as may be prescribed, either by ordinance or contract, approved by the general council. § 2. When the improvement is the original construction of any street, road, lane, alley, or avenue, such improvement shall be made at the exclusive costs of the owners of lots in each fourth of a square, to be equally apportioned by the general council according to the number of square feet owned by them respectively, except that corner lots (say thirty feet front and extending back as may be prescribed by ordinance) shall pay twenty five per cent. more than others for such improvements. Each subdivision of territory bounded on all sides by principal streets shall be deemed a square. When the territory contiguous to any public way is not defined into. squares by principal streets, the ordinance providing for the improvement of such public way shall state the depth on both sides fronting said improvement to be assessed for the cost of making the same according to the number of square |