1850.

a Turnpike Road from the city of Louisville to Elizabeth-
town prohibited said Company from erecting a gate within
a less distance than one mile of said Elizabethtown; and
whereas, by an act, approved January 8, 1838, the Presi-
dent and Directors of said Company was authorized to
erect a gate and charge tolls within a less distance than
one mile, and just where the Hardinsburg road intersects
said Turnpike Road. Therefore,

Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That it shall be lawful for any person or per-
sons traveling the Hardinsburg road, to pass through said
gate without paying toll: Provided, that it shall be the du-
ty of the keeper of said gate, in every instance where he
does not know, from the residence of any individual pro-
posing to pass said gate, that it is his bona fide intention to
travel, or has travelled at the time, the said Hardinsburg
road, to administer to such person the following oath, to-
wit: To a person traveling from Elizabethtown in the di-
rection to Hardinsburg-" You do solemnly swear, that it
is your intention, upon passing this gate, to travel the Har-
dinsburg road; that you have no intention to leave said
road and turn into the turnpike road." To any individual
passing in the direction to Elizabethtown, and professing
to have traveled the Hardinsburg road-"You do solemn-
ly swear, that you have traveled, on this day, on the Har-
dinsburg road, and that you have not turned out of the
turnpike road and passed into the Hardinsburg road for
the purpose of avoiding the payment of toll." The privi-
lege to pass free of toll under the provisions of this act
shall only apply to such persons as may reside in the coun-
ty of Hardin, and passing said gate on horse back.

Approved March 7, 1850.

Bond.

CHAPTER 545.

AN ACT to amend the law in relation to appeal bonds, in cases of ap-
peals from judgments of Justices of the Peace.

Be it enacted by the General Assembly of the Commonwealth
Condition of of Kentucky, That from and after the passage of this act,
it shall be the duty of the Clerk of the Court, County or
Circuit, (as the case may be,) to which an appeal may be
taken from the judgment of a Justice of the Peace, to take
bond, with approved security, in a reasonable sum, of the
appellant or appellants, (whether plaintiff or defendant,
before the Justice,) which bond shall contain a condition
as follows: "The condition of this obligation is such, that
whereas the said A. B. hath obtained an appeal from the
judgment of E. F., a Justice of the Peace to the
Court: Now, should the said A. B. well and truly pay and
satisfy the judgment of said Court, provided he is unsuc-

cessful in this appeal, then this obligation to be void, otherwise to remain in full force and virtue in law.

1850.

Sec. 2. Be it further enacted, That where the appeal Liability of shall be taken by the defendant, no partial success, such as defendants, on reducing the judgment of the Justice, shall be so construed bond. as to release the appellant or appellants, his, her, or their security or securities, from liability on the bond, so long as the judgment of the Court, (to which the appeal was taken,) or any part thereof, remains unpaid: Provided, however, that the surety or sureties in any such appeal bond shall be released from all liability therein, as is provided for the release of sureties in appeal bonds by the first section of an act, entitled, "an act limiting actions against sureties," approved February 8, 1838.

Suits and re

SEC. 3. Be it further enacted, That when an execution shall have been issued upon any such judgment, and duly covery on bonds returned by the proper officer to whom the same may have been directed, (in substance,) that he can find no property out of which to satisfy said execution; or, when said officer shall return that any part of said execution (which may remain unpaid,) cannot be made, it shall be lawful for the appellee or appellees, his, her, or their executor or executors, administrator or administrators, to bring suit upon said bond, and recover of the appellant or appellants, his, her, or their security or securities, executors or administrators, whatever amount may be due and owing upon the judgment of said Court, together with all such costs and damages as may originate thereon.

Approved March 7, 1850.

CHAPTER 553.

AN ACT to amend the charter of the Bank of Kentucky. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the twenty eighth section of the charter of said Bank, approved 22d February, 1834, be and the same is hereby repealed: Provided, however, that it shall and may be lawful for the Legislature, hereafter, to re-enact said section, to take effect five years after its re-enactment.

Approved March 7, 1850.

CHAPTER 555.

AN ACT to extend the terms of the Carter Circuit Court.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Carter Circuit Court shall continue twelve juridical days, (instead of six,) should the business. thereof require it. Approved March 7, 1850.

AN ACT concerning Ferries in the city of Louisville.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Mayor and Council of the city of Louisville, or any other person owning a ferry privilege or franchise in said city, may land their ferry boats at any points within said city, where they own or may have a lease on the ground on which such other landings are made. Approved March 7, 1850.

County Court

lorem tax.

CHAPTER 569.

AN ACT giving additional power to the Madison County Court. WHEREAS, the Madison County Court, by appropriate proceeding, has undertaken and now has in progress of erection a new Court House for Madison county, which will cost more money for its needful and speedy completion than can be conveniently and justly raised from the current resources. Therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Madison County Court, a mamay levy ad va jority of all the Justices being present, be and it is hereby authorized and required to lay an ad valorem tax, not exceeding eight cents on each one hundred dollars worth of the property of the citizens of said county, subject to revenue tax; and said tax shall be collected in the same manner and upon the same terms, by the Sheriff of the county, as the revenue tax, and according to the assessment in the Commissioners books of said county; and shall pay the same, on or before the 20th of December in each year, to such person or persons as said County Court may direct.

No levy to be made on slaves,

limit of poll tax.

money.

SEC. 2. That no levy shall be laid or collected on slaves, nor shall a larger levy than one dollar be laid on white tythes by said Court.

SEC. 3. That said County Court, through their building County Court committee, (William Rodes, Joseph Turner, and James M. may borrow Shackleford,) be and it is hereby authorized to borrow four thousand dollars: Provided, said building committee shall not pay more than six per cent., per annum, for the sum of moneys so borrowed; and the Madison County Court shall, from time to time, levy upon the tythes of said county, (slaves excepted,) and assess a tax on the property of the citizens thereof, as in the first section of this act provided for, until the four thousand dollars, hereby and herein authorized to be borrowed, shall be fully paid, and the said Rodes, Turner, and Shackleford indemnified therefor and held harmless.

Act continued

SEC. 4. That the provisions of this act, except the power in force until to borrow money as given in the third section, shall co ntinue

debt paid.

an

in force until the expenses incurred, and to be incurred, in building said Court House, shall all be fully paid and discharged.

1850.

Court to annul

lay another.

SEC. 5. Be it further enacted, That the County Court of Madison county, is hereby authorized and required, at the present levy & April or May term next, to change the order made at the November last, laying and fixing the county levy for the year 1850, and re-lay the same according to this act. Approved March 7, 1850.

CHAPTER 570.

AN ACT to authorize the construction of Plank, Stone and Gravel Turnpike Roads in this Commonwealth.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, it shall be lawful for any five or more persons to unite in a company to construct a plank, gravel or stone turnpike road within or through any county, or part thereof: Provided, notice be given thereof in at least one newspaper published in such county, and if there be no such paper, then in the newspaper having the largest circulation in such county; which said notice shall designate the route and termini of said road, the time and places where the books for subscription of stock in the same will be opened, and the names and residence of said persons, and shall be published at least one month by successive weekly insertions in said papers, as aforesaid, before the time of opening said books. And when stock in such road, to the amount of five hundred dollars for each mile of road to be made, is in good faith subscribed, then the persons, thus subscribing stock, may, after due and proper notice, meet together and elect at least three of their number to act as President and Managers of the business affairs of such contemplated road; and the subscribers of stock shall enter into and subscribe their names to articles of association, which articles shall set forth the name of such company, the object thereof, the route, and kind of road to be made by them, the amount of capital stock of said company, the number of shares into which the said stock shall be divided, the number of Managers, and their names, selected to manage the affairs of said company for the term of one year, or until their successors are elected and assume upon themselves their duties, the names of each subscriber, his residence, and the number of shares subscribed by him.

How compa ganized to con. struct plank. gravel, or stone

nies may be or

turnpike roads.

Amount to be

duty of mana

SEC. 2. That, at the time of subscribing or execution of said articles of association, it shall be the duty of each paid on stock, & party thereto to pay into the hands of said President and Managers at least five per cent. on the amount of stock thus subscribed by him or her, respectively; and after the

gers.

1850.

Articles of as

sociation to be ry State's office

filed in Secreta

What proceed. ings necessary to procure right of way.

payment thereof, in good faith, it shall be the duty of said
Managers to cause to be filed in the office of the Secreta-
ry of State said articles of association, together with an af-
fidavit of said Managers of the fact that said five
per cent.
on the stock of said company has, in good faith, been re-
ceived by them as before required; which said articles and
affidavit shall be recorded in said office; and thereupon
said association of persons shall become a body corporate,
by the name set forth in said articles, and as such shall be
known and styled in all contracts or suits to which they are
parties, and as such may sue or be sued in any court of
competent jurisdiction, contract or be contracted with, to
have a corporate seal, &c., which they may alter or change
at pleasure; and a copy of said articles and affidavit, thus
filed and recorded, certified by said Secretary or his assis-
tant, shall be evidence for or against said company in any
suit hereafter pending in any court where the said company
are parties.

SEC. 3. That when, hereafter, any such company shall
desire to construct any road, as aforesaid, they shall pre-
sent said articles, certified as aforesaid, to the court of the
county in which said road is to be made or pass; and up-
on petition, in writing, presented to said court in behalf of
said company, it shall be the duty of such court to appoint
three or more competent persons as commissioners, (one of
whom shall have skill or experience in the science of civil
engineering,) whose duty it shall be to view and survey
(under the obligation of an oath administered by some
Judge or Justice of the Peace) the route for the contempla-
ted road, noting in said view and survey the advantage
and disadvantage said road may be to the county or coun-
ties through which it may pass, or the lands of individuals
over which the right of way may be required; said commis-
sioners shall have power to hear and receive propositions
from any such individual owners of land their assent, in
writing, to said company of the right of way; and in the
event said route of road should pass over the land of any
person or persons who are unwilling, or fail from any
cause, to grant the right of way, as aforesaid, then it shall
be the duty of said commissioners to notify such owners,
their agent or guardian, if within the said county, of the
time and place they will meet on such land for the purpose
of hearing proof touching the advantage and disadvantage
the contemplated road will be to the land of such person
refusing or failing in assent, which said notice shall be at
least ten days before the time of meeting; and if said
owners, agent or guardian are non-residents of the county
or State, then said notice shall be published in a newspa-
per of said county, or in such paper as may have the
largest circulation therein, as recited in the first section
hereof; after such notice executed, it shall be the duty of