1839 Corporate by subscription, from time to time, to any amount, which may Road to be when. SEC. 6. That when the company is organized, as aforesaid, it shall be the duty of the President to inform the general Board surveyed and of Internal Improvement of that fact, and request them to cause said road to be surveyed; whereupon it shall be the duty of the State Board of Internal Improvement, as soon as practicable, to cause said road to be surveyed and located by one of the State Engineers, who shall make a report of said survey and location to said State Borad. Stock to be subscribed for SEC. 7. That if the State Board of Internal Improvement, after having received the report of the Engineer, as above pro- by the state. vided for, shall be of the opinion that the road will be of sufficient public utility, they shall be, and are hereby, required to subscribe for, and on behalf of, the State, for the capital stock of said road, at the rate of two dollars for every one subscribed by individuals, corporations, or companies; and the said Board of Internal Improvement are hereby authorized, and required, to make new and additional subscriptions for capital stock for, and on behalf of, the State, and at the rate aforesaid, as individuals, corporations, or companies, may thereafter subscribe, or add to their subscriptions, until the whole capital stock, in said road, shall be subscribed for and taken. Road how to SEC. 8. That said road shall be constructed on a grade of not more than three degrees per mile; and shall be at least be made. thirty feet wide, with sufficient ditches on each side, the earth from which shall be thrown into the road so as to raise it sufficiently for the water falling upon it to pass off by the ditches. The road between the ditches shall, at no place, be less than twenty two feet in width, and shall be raised as directed by the Engineer. SEC. 9. The President and Directors of said company shall Offices & tenhold their offices for, and during one year, from the period of ure thereof. 1839 adopted. their election, and until their successors shall be duly elected; and at the period of their election, the stockholders shall also elect a Treasurer, who shall hold his office for the same time with the President and Directors; and who shall execute to the said President and Directors, a bond with surety, in such penalty, and with such conditions, as the said President and Directors may direct and require. SEC. 10. The Commonwealth shall have the right to vote at all elections, and to give the number of votes to which the amount of stock held by her, may entitle her, in the same manner, as is done in other turnpike companies in which the Commonwealth holds an interest. SEC. 11. That all the provisions, from the fifth to the twenCertain sec. ty eighth sections, inclusive, of an act, entitled, "an act to inof Louisville & Nashville road Corporate a company to establish a Turnpike road from the city of Louisville, by the mouth of Salt river, Elizabethtown, Munfordsville, and Bowlinggreen, to the State line, in a direction to Nashville," approved February the second, eighteen hundred and thirty three, except so far as the same, or any part thereof, may come in collision with any of the provisions of this act, and so far as the same are applicable to the object and intent hereof, be, and they are hereby, adopted and enacted as parts of this act; and all the regulations for the government of said corporation, from the fifth to the twenty eighth sections, inclusive, of said above recited act, which are not inconsistent herewith, are hereby adopted for the government of the company hereby created, except that the toll gates on the Ohio Turnpike Road, shall not be erected within less than ten miles of each other. subscribers. SEC. 12. That the President and Directors of said company May call on may call on the individuals, compaines, or corporations, who have subscribed for capital stock in said company, for the payment of the amount of their subscriptions, and appoint the time and place when and where such payment is to be made: provided, that said President and Directors shall not have power to call in more of said stock than ten dollars in every sixty days, nor until after they shall have given notice of said call in some newspaper printed in this State, for at least thirty days. SEC. 13. That a majority of the four commissioners, appointed Sub-commis- in the third section of this act, to open books for the subscripsioners may be tion of the capital stock of said company, in each of the towns appointed and mentioned in said section, shall have the right to appoint three their duties. sub-commissioners, in any other town, city, or county, in this State, who, also, shall open books for the same purpose, and under the same regulations as are herein prescribed for the government of the commissioners named in said third section; which said sub-commissioners shall, when their books are closed, send the same to the commissioners who appointed them; and the amount of capital stock subscribed for, with said sub-commissioners, shall be applied to the construction of any part of said road which the President and, Directors may 'choose. 1839 Commission books at other SEC. 14.. That if the commissioners, named in the third section hereof, shall fail to open books for the subscription of the ers may open capital stock, at the time mentioned in said section, in all or times. any of the towns therein mentioned, they may open the said books at any time within two years from the passage of this act, complying, in all respects, except the time of opening said books, with the provisions of this act: provided, that a majority of said commissioners shall agree upon the time of opening the books. SEC. 15. That so soon as the President and Directors are elected, they shall proceed to put under contract, and, from time to time, thereafter, as the funds collected by them will permit, shall make new and additional contracts for so much of the said road as the money actually paid in by the State, and individuals, corporations, or companies, will enable them to pay for; which contracts are to be made in conformity with the provisions of this charter. Approved February 23, 1839. Duty of president and diréctors. CHAP. 1407,-AN ACT authorizing the condemnation of lands for toll houses. and how con Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for all incorporated com Quantity of panies, now created, or which may be created, for the con- land that may struction of turnpike roads and toll bridges, and for the Com- be condemned monwealth, when engaged in similar undertakings, to cause to demned. be condemned, for the use of the Commonwealth, or such company, any quantity of land, not exceeding one quarter acre, convenient, or adjacent to any toll bridge, or toll gate, on any turnpike road, for the purpose of erecting thereon a dwelling house and out houses, for the use of the gate keeper, and to be appropriated to his sole and exclusive use; and for the condemnation of such land, for the purposes aforesaid, the Commonwealth and said companies shall proceed according to, and be governed, in all respects by, the act, entitled, "an act to provide for condemning land and materials for the construction. of turnpike roads, bridges, and other works of internal improvement," approved February twenty two, eighteen hundred and thirty six, so far as the provisions of said act apply to the condemnation of lands for the construction of turnpike roads, except that by the writ of ad quod damnum, required to be issued by the Clerk of the Circuit Court, the jury shall be summoned and empannelled to enquire and assess what damages the proprietor of said land will sustain by the con- sworn & their demnation thereof, for the purposes aforesaid; and in the oath oath. Jury to be summoned and 1839 Form of verdict. Land to re administered to the jury, they shall be sworn to inquire and assess what damages said proprietor will sustain by the condemnation of said land, for the purposes aforesaid, and by additional fencing, and the jury shall render their virdict in the following manner, or substatially so, to-wit: We, of the jury, find the said named in the written writ, will sustain damages to the amount of, by taking the required land for the purposes within mentioned: provided, that no land inSprings, &c. cluding any spring, orchard, garden, pleasure grounds, or any exempted. part of either of them, or lying within two hundred yards of any dwelling house, or door yard thereof, shall be condemned for said purposes, without the previous written consent of the owner or owners of the entire estate in such dwelling house and door yard: and, provided further, that whenever the Comvert on certain monwealth, or any company, shall cease to use such land for contingencies. the purposes aforesaid, or shall use such land for any purpose, not herein authorised, the right of the Commonwealth, or such company in said land, shall cease and determine, and the title thereof shall revert to, and revest in, the said proprietor: and, provided further, that no person shall be licensed to sell, by retail, any spirituous or fermented liquors in said house, or on said land, as a tavern keeper, or otherwise; but that such license shall be null and void: provided, however, that no turnpike company shall have the benefit of this act, that shall not, before they apply for such writ, by their presiding officer, file an affidavit, that, in his opinion, the company hath fixed and set up their toll gates at five miles points, or so near those distances as the situation of the ground will admit; and that application has been made to the proprietor or proprietors of the fand near to, and adjoining, any gate, to acquire a quarter of an acre of ground adjacent to the road and toll gate; and that the proprietor or proprietors refused to permit the company to have the use of a quarter of an acre of ground, at a fair price paid; and that he is unable to set up a gate and toll house at the proper point by the charter, or within one hunered yards thereof, with the assent of the owner or owners of the land over which the road shall pass: and, provided further, that such writ shall, in no instance, authorize such company to condemn any lot or site for a toll house, within a less distance than one mile of any city or town, into or through which such road shall pass: and, provided further, that the several turnpike companies shall have power to purchase, or lease, so much ground as may be necessary for the use of toll houses, and from which to get wood, stone, and dirt, or other materials, to repair, and keep in repair, their several turnpike roads: provided, however, said quarter of an acre shall be laid off in a square, as near as the situation of the ground will admit. Approved February 23, 1839. CHAP. 1408.--AN ACT to amend the charter of the Lexington and Covington 1839 Separate SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the stackholders in the Lexington and Covington Turnpike Road Company, residing south of boards may be Williamstown, in Grant county, and any where between that elected. place and Georgetown, may elect a separate Board of Direc tors, to consist of the same number, as authorized by the original charter; and the directors, chosen by them, shall have the control, and shall superintend the construction of that part of the road to be located and constructed between Georgetown and Williamstown. ed. Stock shall SEC. 2. That the stockholders in said road, residing north of Williamstown, shall have power, also, to elect a separate Board not be separatof Directors, for the purpose of controlling and superintending. that portion of the road extending from Williamstown to Covington; and each board, so chosen, shall exercise separate control over its own portion of the road; but nothing herein shall be construed to divide and separate the stock in said road, but the same shall continue joint and common to all the stockholders, after the completion of said road. upon may Subscribers direct SEC. 3. That when any person may, hereafter, subscribe stock in said company, he, she, or they, shall have a right to direct which end of said road the amount of his sub- where the moscription shall be expended; and the direction, thus given, ney shall be apshall authorize the board of that end of the road to receive, propriated. control and superintend such subscription upon that portion of road under its control. SEC. 4. That so much of the original charter as requires said road to be located so as to pass by Peter Jones' and Location may be changed. Thornberry's be, and the same is hereby, repealed; and said boards shall have power to locate and construct said road upon the most eligible and practicable route. Approved February 23, 1839. CHAP. 1409.-AN ACT for the benefit of the Mechanics of Brandenburg. for labor and SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the carpenters, joiners, brick-Lien given on masons, stonemasons, plasterers, turners, painters, brickma- lot & building kers, lumber merchants, and all others performing labor or materials. furnishing materials for the construction or repairing of any building, within the town of Brandenburg, (journeymen excepted,) shall have a lien, to the extent of their respective interests, upon the building they may construct or repair, or to |