recovered before the county judge or any magistrate of Henderson county by proceedings in the name of the Commonwealth of Kentucky. The trial may be had after the service on the defendant notice or warrant, stating the offense, and the time and place of trial; or the judge or magistrate may, in his discretion, issue a warrant of arrest and try the case immediately, reasonable time being given the defendant to procure counsel and have his witnesses in attendance. The fine shall be collected as other fines imposed by magistrates. 3. This act shall not apply to any person who may have, before the passage of this act, obtained from the county court of Henderson license as tavern-keeper or merchant, until the expiration of such license. § 4. Nothing in this act shall prevent the sale of said liquors when prescribed for medicinal purposes, when prescribed by a regular practicing physician. § 5. This act to take effect from and after its passage. Approved March 6, 1872. 1872. CHAPTER 464. AN ACT to repeal an act, entitled "An act to create a board of commissioners of the sinking fund of Pendleton county, and the amendments thereto." Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That an act, entitled "An act to create a board of commissioners of the sinking fund of Pendleton county," approved February 15th, 1864, and an act, entitled "An act to amend an act, entitled 'An act to create a board of commissioners of the sinking fund of Pendleton county," approved February 9th, 1865, be, and the same are hereby, repealed. §2. That it shall be the duty of the Pendleton county court to appoint two commissioners to make a settlement with the commissioners of the sinking fund of Pendleton county, and the treasurer of said board; and they shall report, in writing, to the said county court, the amount of money, choses in action, evidences of debt, or other property in the hands of said commissioners, the treasurer of said board, or in the hands of other persons for them, belonging to Pendleton county, within sixty days after the passage of this act. 3. The board of commissioners of the sinking fund of Pendleton county, and their treasurer, shall pay over and deliver to the treasurer of Pendleton county, or other person appointed by the said county court to receive the same, all moneys, choses in action, evidences of debt, or other 1872. be paid to county. property in their hands, or either of them, or in the hands of other persons for them, belonging to Pendleton county, within thirty days after they shall settle with the commissioners to be appointed by the said county court. § 4. All money now in the hands of the sheriff of said All moneys to county, or in the hands of other persons, collected upon treasurer of the property of said county, under any levy heretofore made by the said county court for the purposes of paying the railroad debt, and all moneys due under any of said levies, which may hereafter be collected by said sheriff or other person, shall be paid over to the treasurer of Pendleton county as the county levy is required to be paid. may compel § 5. The said treasurer of Pendleton county, or other person appointed by the county court to receive said moneys, choses in action, evidences of debt, or other property, shall hold the same subject to the order of the Pendleton county court. 6. The said Pendleton county court shall have all the County court power and remedies against the board of commissioners settlement. of the sinking fund, and the treasurer thereof, to compel them to settle with the commissioners, to be appointed by the Pendleton county court, and to compel them to pay over and deliver to the treasurer of said county all moneys, choses in action, evidences of debt, or other property in their hands belonging to said county, that county courts. now have against sheriffs to compel them to settle and pay over the county levy. § 7. This act shall be in force from and after its passage. Approved March 9, 1872. CHAPTER 466. AN ACT for the benefit of the Murpheysville Turnpike Road Company, in Mason county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter E. L. Gault, William R. Browning, A. J. Stites, L. Y. Browning, Cain Hitt, Nelson Collins, J. L. Bland, R. C. Bland, W. H. Murphey, J. W. Adams, Charles Bland, Allen Clarke, Wm. Cole, Patrick Murphey, R. F. Gault, James Cole, J. W. Clarey, Ross P. Gault, George S. Case, John Poe, and N. V. Brooking, shall hereafter work out their road tax upon that portion of the Murpheysville Turnpike Road between Murpheysville and the intersection of it with the Sardis Turnpike Road, to assist in keeping it in repair, under the superintendence of the president and directors thereof. 2 § 2. That it shall be the duty of the president to give at least three days' notice to each of said persons owing tax or labor on said road, of their intention to work on the same; and upon the failure of such persons so notified to attend and work out their road tax, the president of said road may sue for and recover the same, in any court having jurisdiction of the amount, and shall appropriate the money so collected to the repairing said turnpike road; and said persons shall be released from all other road tax, and from working on any other road or roads. § 3. The president and directors of said road are hereby authorized to erect and continue a toll-gate on that part of their road from Murpheysville to the Sardis Turnpike Road, at which they may demand and collect the same amount of toll that they are now authorized by law to demand and collect for five miles of travel on said road: Provided, That no toll shall ever be claimed or collected for crossing the bridge across the North Fork of Licking river at Murpheysville. § 4. This act shall take effect and be in force from its passage. 1872. Approved March 9, 1872. CHAPTER 468. AN ACT to incorporate the Catnip Hill Turnpike Road Company, in Jessa mine county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Corporators' § 1. That Jesse Bryant, John A. Headley, Rufus Bryant, E. J. Young, Oliver Farra, Jacob Troutman, and John names. Steele, and their associates and successors, be, and they are hereby, created a body-politic and corporate, under the name and style of the "Catnip Hill Turnpike Company;" and by said name and style shall have power to contract and be contracted with, sue and be sued, answer style. and be answered, plead and be impleaded, in all courts and places in this Commonwealth; and to have and use a common seal, and break, alter, or change the same at pleasure. § 2. That said company is hereby authorized and empowered to construct a turnpike road from the Danville, Lancaster, and Nicholasville Turnpike Road, in Jessamine county, at or near its junction with the Walls' road, to the Lexington, Harrodsburg, and Perryville Turnpike Road, at such point as the company may deem proper; and in order to secure the funds necessary to construct the same, shall have power to raise a sum by issue and sale of the Name and May construot road. 1872. Capital stock. Books of sub scription to be opened. capital stock, not exceeding fifteen thousand dollars, to be divided into shares of fifty dollars each. 3. That the books for the subscription of stock shall be opened in the town of Nicholasville, and at such other places as may be deemed best, under the direction of the persons hereinbefore named, all of whom are hereby made commissioners for the purpose of obtaining subscriptions to the capital stock of said company; and they shall provide a book or books, which shall contain the following obligation, to be signed by every person who shall take stock in said corporation, viz: "We, whose names are hereto subscribed, do severally bind ourselves to pay, respectively, to the president and directors of the Catnip Hill Turnpike Company the sum of fifty dollars for each and every share of stock set opposite our names, in such manner and proportion, and at such times, as shall be required by the president and directors of said company;" and when the president and directors shall be chosen as hereinafter provided, they shall have full control of said books, and may cause the same to be opened, from time to time, until the entire amount of stock herein authorized is subscribed. § 4. That as soon as a majority of said commissioners Election of shall be of the opinion that a sufficient amount of stock is their term of subscribed to justify the commencement of said road, they shall call a meeting of the stockholders, and hold an election for president and five directors, who shall hold their office for one year, and until their successors are chosen : Provided, That should a vacancy occur, the remaining directors shall fill the same by appointment; and should the offices of all the directors become vacant, any three stockDirectors to holders may call a meeting to elect their successors. appoint officers directors shall have power to appoint a secretary and directors and office. powers. road. The treasurer, and such other officers and agents as may be deemed necessary; and the treasurer, before he enters on the discharge of his duties, shall execute a bond, with security to said company, for the faithful performance of the duties of his office. § 5. That said corporation shall have power to acquire, Corporate hold, or sell real or personal estate, as the same may be deemed necessary in the construction of said road, and to do all other acts and things necessary in the exercise of the power herein expressly conferred. § 6. That the entire width of said road shall not exceed Dimensions of forty feet, and the macadamized part thereof shall not exceed twenty feet; and when the same shall be completed, the directors shall call upon the two justices of the peace residing nearest thereto, and not interested therein, to examine it; and if they shall, by a written statement, to be filed with the county court of the county in which said road or a greater part thereof is situated, certify that the same is done in a good and substantial manner, then the said company may erect a toll-gate on said road, and may charge and collect tolls from persons traveling on or using the same, as provided by law. 7. That the provisions of the Revised Statutes regarding turnpike companies, and not inconsistent with the provisions of this act, shall be parts hereof. § 8. That this act shall be in force from and after its passage. 1872. Approved March 8, 1872. CHAPTER 469. AN ACT allowing David Pryse, Z. T. Martin, and James M. Beatty, to construct wharves at their respective landings at Beattyville. It appearing to the General Assembly of the Commonwealth of Kentucky that David Pryse is the owner of the lots in the town of Beattyville, in Lee county, between the Upper and Lower Stufflebean creeks; and that J. M. Beatty and Z T. Martin are the owners of the lots in said town adjacent to each other, and lying below the lot of Decatur Beatty, and below the mouth of the Lower Stafflebean creek, all of said lots fronting on the Kentucky river, and extending to low-water mark of said river. Said lots of David Pryse are known as the J. C. Gayle lots; and said lots of J. M. Beatty and Z. T. Martin as the James F. Blount and Williams lots; and that said Pryse, Martin, and Beatty are desirous to build a wharf at each of their respective lots for the landing of vessels, &c.: Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the said David Pryse, J. M. Beatty, and Z. T. Martin, and those they may associate with them, their lessees or vendees, shall, whenever they make, or cause to be made, a good and easy grade for carts, wagons, and other vehicles, and good and substantial fastenings for crafts in front of their said lots, they shall have authority, and are hereby vested with full power, they or themselves or associates, lessees, or vendees, or either of them, at his respective wharf, to charge, take, and receive and collect, in the manner hereinafter set forth and directed, from all steamboats of every kind, flat-boats, or any other vessels or raits, the following fees, to-wit: the sum of two dollars and fifty cents for any craft for every twenty-four hours it shall lie at said wharves, or in that proportion for the time said craft shall remain at said wharves, or such sum, not to exceed the amount aforesaid, as may be agreed upon LOC. L.-34 |