CHAP. 1416.-AN ACT to require the Register to register certain surveys, and requiring the appointment of a Treasurer of the School Fund in Wayne county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the Land of fice shall receive and register all plats and certificates of surveys, legally made, on all lands disposed of by the Commissioners of Common Schools, for the benefit of Common Schools, without fee or charge, in Wayne county. SEC. 2. That the Commissioners of Common Schools, in Wayne county, shall receive all moneys going to the Common School Fund in said county, the proceeds of the sales of lands appropriated to Common School purposes, and disburse said money according to the provisions of the act of last session, establishing Common Schools in Kentucky, and shall be subject, in all respects, to the liabilities imposed by said act., Approved February 23, 1839. 1839 CHAP. 1417.-AN ACT to authorize the establishment of roads to Coal and Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the several County Courts of this Commonwealth shall have the same power to establish roads to Coal banks, and banks of Iron ore, within their respective counties, under the same rules and regulations that now gov. ern them in establishing other public roads, as now prescribed by law. Approved February 23, 1839. CHAP. 1418,-AN ACT for the divorce of Polly Hurt. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Polly Hurt and her husband, William Hurt, be, and the same is, forever dissolved, so far as relates to the said Polly, and she is hereby restored to all the rights and privileges of an unmarried woman, and to her maiden name of Polly Carnes. Approved February 23, 1839. 1839 CHAP. 1419.-AN ACT for the benefit of William Smith. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be, and he is hereby, directed to issue his warrant on the public treasury, in favor of William Smith, for twelve dollars, in consideration of his aid in the apprehension of the Wilsons', in the State of Tennessee, on a charge of felony, which warrant the Treasurer shall pay out of any money in the treasury not otherwise appropriated. Approved February 23, 1839. CHAP. 1420.-AN ACT to amend the charter of the City of Covington . Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the act, entitled, an act to amend the charter of the city of Covington, approved February twenty nine eighteen hundred and thirty six, as requires the authorities of said city to pay, annually, into the Treasury of this Commonwealth, on the first day of January, the sum of one hundred dollars, be, and the same is hereby, repealed. Approved February 23, 1839. CHAP. 1421.-AN ACT to open a State road from Colemansville, in Harrison county, to Covington, in Campbell county. SEC. 1. Be it enacted by the General Assembly of the ComCommission- monwealth of Kentucky, That S. C. Perrin and Abijah Dejarers appointed, net, of Harrison county; S. B. Hunn and Richard Mullens, of and their duty. Pendleton county; and Neal McDaniel and William D. Scott, of the county of Campbell, or any three of whom, being first sworn, shall proceed from Colemansville, in the said county of Harrison, and view a way from thence to Covington, in Campbell county, by the way of Stower's and Collins' Store, and the Three Forks of Grassy creek, in Pendleton county, taking the nearest and best route, from point to point; and, when they are satisfied as to the best route for a State road, from and to the points before mentioned, that they cause the route selected by them to be marked and identified, so that there will be no difficulty in finding and pursuing the same; and it shall be the duty of said commissioners to make a report, in writing, to the County Courts of the counties aforesaid, designating therein the route and ground over which said proposed road shall pass. 1839. To be laid off and hands al SEC. 2. That, upon the before mentioned report being made to said County Courts, the route therein designated shall be, and into precincts, the same is hereby, established a State road; and it shall be lotted. the duty of the aforesaid County Courts to lay off said road into convenient precincts, and appoint surveyors, and allot a sufficient number of hands to each; to clear out and improve said road, within each of their respective counties, directing that said surveyors shall cause said road to be cleared at least forty feet wide, and the stumps in the same cut low, and rounded at the tops; the banks of the creeks and branches graded, and to throw bridges across the same, where they may be deemed necessary, so as to admit of safe and convenient passage. Width. Pay to com SEC. 3. That said commissioners shall be paid the sum of one dollar and fifty cents, each, for every day that they may be missioners. necessarily employed in the discharge of the duties herein assigned them, to be jointly paid by the aforesaid counties. Road not to Hands to be allotted to keep SEC. 4. That it shall not be lawful for the County Courts, of the counties through which said road shall pass, to alter or be changed. change the same, after it shall have been cleared out; but it shall be their duty, at all times thereafter, to appoint a sufficient number of hands to keep said road in repair; and the surveyors and hands thereof shall be governed by the laws, in repair. rules, and regulations, as now, or may hereafter be, in force in this Commonwealth, in relation to working and improving public roads. Writ of ad may issue. SEC. 5. That any person, over whose land said road may pass, shall have the right to obtain, from the County Court of quad damnum the county in which said land, or a greater part, may lie, a writ of ad quod damnum, under the provisions of the general law of this State; and the damages, assessed under such writ, shall be levied by the County Court, as is directed by said road law. Approved February 23, 1839. CHAP. 1422.-AN ACT to amend the several acts establishing a road from WHEREAS, the commissioners appointed by the several acts to view a road from Taylorsville, in Spencer county, to Jeffersontown, in Jefferson county, have failed to perform the duty required of them by the said several acts-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James W. Beckham, Alexander 1839 Commission W. Thomas, and James Stout, Sr., of Spencer county, and Simeon N. Calfus and Robert Carrithers, of Jefferson county, ers to view 'd. be, and they are hereby, appointed commissioners; who, or a majority of whom, shall view and mark a road from Taylorsville, in Spencer county, to Jeffersontown, in Jefferson county, and the nearest, best, and most practicable route, at leas forty feet wide. courts, & their duty. SEC. 2. That the said commissioners, or a majority of them, Report to be shall, on oath, make report to the County Courts of each of made to county said counties; and, thereupon, it shall be the duty of said Courts to order summons to be issued against the proprietors or tenants of the land, within their respective counties, through which the said road shall pass, to appear and show cause why said road should not be opened; and, upon the return thereof, if any proprietor or tenant so desire, the Court shall order a writ of ad quod damnum to issue, directed to the Sheriff of the county, who shall proceed thereon in the manner prescribed by the act, passed February twenty five, seventeen hundred and ninety seven, concerning public roads; and, upon the return of the inquests, said courts shall, respectively, order said road to be opened, forty feet wide, in the manner prescribed by the above recited act, and shall levy, on their counties respectively, at the next levy to be laid, the damages assessed, and the costs of the inquisition, and direct payment thereof to those entitled thereto. SEC. 3. That it shall be the duty of the County Courts of Width of road. said counties to make an order for clearing out said road, forty feet wide, clear of timber, in all practicable places, and putSurveyors to ting the same in repair, as is provided by the general law in be appointed, relation to roads; and said courts shall appoint a surveyor in and hands al- their respective counties, and allot a sufficient number of hands lotted. to work on the road. to clear out and open said road, and keep the same in repair, from time to time, according to this act and the general law concerning public roads; and to allot to said surveyor, or surveyors, such boundary, or boundaries, of hands, in their re-. spective counties, as may be sufficient for the aforesaid purposes; copies of which orders shall be delivered to each surveyor appointed, within fifteen days after making the same, by the Sheriffs of said counties. SEC. 4. That each and every person, or persons, who shall Penalty for fail or refuse (without lawful excuse) to do his duty in clearing failure of hands out and opening said road, after being duly notified, shall be subject to a fine of one dollar and twenty five cents for each day he may fail or refuse, recoverable as other road fines are; and the surveyor, or surveyors, are authorized to notify such person, or persons, to attend and labor on said road, from day to day, as may be required. SEC. 5. That so much of the road as runs through the county of Jefferson be, and the same is hereby, established, where said road was first viewed and marked by the commis sioners heretofore appointed, with the exception that the same shall be made the width required by this act. 1839 How, and up tions road may SEC. 6. That, after said road shall have been established, it shall not be changed or altered by the order of either of the on what condiCounty Courts of said counties, without the consent of the be changed. other; and when any person shall desire to change said road, he shall apply to the County Courts of Spencer and Jefferson, who shall be authorized to appoint, each one, a commissioner, whose duty it shall be to go upon and view the said road and way, proposed to be changed, and report the facts, and their opinion, in writing, upon oath, to the respective County Courts; who, after hearing the same, according to the provisions of the existing law, may, if, in their opinion, it shall be deemed proper, order the proposed change; but no alteration shall be made in said road, unless the County Court of each county shall concur therein. SEC. 7. That, where said commissioners, upon their re-view, Old road to may diverge from the old road, as it now runs through the be discontinucounty of Spencer, and the new road, as viewed, shall be es- ed. tablished by the County Court of said county, the old road shall be discontinued. missioners. SEC. 8. That each commissioner shall receive one dollar and Pay to comfifty cents, out of the next county levy, of the counties in which he may reside, for each day he may be necessarily employed in viewing said road, by returning a certified account of the time of service to the Court of Claims. Approved February 23, 1839. CHAP. 1423-AN ACT for the benefit of Robert Arberry. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Board of Internal Improvement be, and they are hereby, directed to pay to Robert Arberry, the sum of one hundred dollars, as an additional compensation for labor on the Kentucky river. Approved February 23, 1839. CHAP. 1424.-AN ACT to amend the act to establish a System of Common Number of SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That instead of five School Commis- Commissioners sioners in each county, there shall, hereafter, be appointed reduced.. only three Commissioners, any two of whom shall be compe |