shall be exempt from any further payment for county levy, until an equal amount shall have been levied on the other tithables of said county. 1841 Approved, February 17, 1841. CHAPTER 352. AN ACT authorizing the closing of part of the Nashville and Lexington State Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the Nashville and Lexington road, as lies between Daniel Singleton's and William H. Hawkins', in Marion county, be, and the same is hereby, discontinued and closed up; and the Board of Internal Improvement are hereby authorized to close the same: Provided, That, in the event of the bridge now built across the Rolling fork of Salt river shall become impassable, or dangerous to pass, from any cause whatever, the County Court of Marion County, in a summary way, without notice, shall have power to order the road hereby discontinued to be forthwith opened and kept in good repair. Approved, February 17, 1841. CHAPTER 357. AN ACT to establish the Eighteenth Judicial District, and for other purposes. District form SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be, and is hereby, es- ed. tablished an additional judicial district in this Commonwealth, which shall be styled the "Eighteenth Judicial District," to be composed of the counties of Green, Barren, Hart, and Grayson; and that a Circuit Judge and Commonwealth's Attorney shall be appointed for said district, who shall possess all the powers, and receive the same emoluments, that are exercised and received by the other Circuit Judges and Commonwealth's Attorneys in this Commonwealth: Provided, That the Judge, to be appointed for said eighteenth judicial district, reside within the limits of the same, or in any county adjoining thereto And provided, further, That the Judge of the eighth judicial district may reside where he now does. SEC. 2. Be it further enacted, That the terms of the Gray- Grayson. son Circuit Court shall commence on the fourth Mondays in April, July, and October, as heretofore, and continue six juridical days at each term, if the business of the court shall require it. The terms of the Hart Circuit Court shall commence on the first Mondays in May, August, and November, and continue twelve juridical days at each term, if the business of the may Hart. 1841 Barren. Green. court shall require it. The terms of the Barren Circuit Court shall commence on the third Mondays in March, June, and September, and continue eighteen juridical days at each term, if the business of the Court shall require it. And the terms of the Green Circuit Court shall commence on the third Mondays in May, August, and November, and shall continue twenty four juridical days at each term, if the business of the Court shall require it. And all recognizances taken, and process issued, or which may be taken and issued, returnable to the terms of said courts, as they heretofore stood, shall be returned to the terms of said courts as fixed and regulated by this act, and shall be as obligatory and binding as they would have been had this act not passed, and they been returned to the terms of said courts, as they originally stood, before the passage of this act. Approved, February 17, 1841. Preamble. Sum appropriated. CHAPTER 361. AN ACT to amend the several acts providing for Internal Improvements in the WHEREAS, This Commonwealth is now engaged in works of Internal Improvement, and will owe, when all the works now under contract and in a state of prosecution are fully completed, the sum of one million four hundred and thirty seven thousand and sixty dollars. And, whereas, there is now owing of the above sum, for work and labor already done, three hundred and twenty thousand dollars; and there will be required for the prosecution of the public works during the present year, the sum of three hundred and twenty nine thousand dollars. And, whereas, this Commonwealth is bound, in order to preserve inviolate her faith, to provide the ways and means of paying the debt now due, and to become due during the present year, for work and labor done and to be done under absolute contracts. And, whereas, the sum of four hundred and fifty three thousand and nine hundred dollars remains yet to be sold of the one million five hundred thousand dollars of the bonds of the State authorized to be sold by the bill of last session, and that the further sum of one hundred and ninety six thousand and one hundred dollars must be authorized to be sold for the purposes aforesaid— wherefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That to enable the Board of Internal Improvement of this State, to pay the subscriptions to turnpike and other roads, and bridges, which are under contract, or have been commenced with the authority and consent of the Board, by virtue of acts of the General Assembly, and to progress with the public works upon the rivers where absolute contracts are now let, the sum of one hundred and ninety six thousand dollars is hereby appropriated for the year 1841, in addition to the sum heretofore appropriated and unsold, as in the preamble set forth: Provided, That it shall not be lawful for said Board to commit the State, by subscription or contract, to any new works of internal improvement, unless so directed by the General Assembly. SEC. 2. Be it further enacted, That in disbursing the said sum, the money now due and unpaid shall be first paid; and the residue, making up in the aggregate the sum hereinafter specified, shall be paid according to the contracts and undertakings of the Board as heretofore stated, to-wit: To the Kentucky river navigation, one hundred and twenty thousand dollars; to the Licking river navigation, one hundred and ten thousand dollars; to the Green and Barren river navigation, ninety thousand dollars; to the turnpike road over Muldrow's Hill, two thousand dollars; to the turnpike road from Louisville, via Elizabethtown, to the Tennessee line, seventy seven thousand dollars; to the Bardstown road, seventy seven thousand dollars; to the turnpike road from Lexington to Perryville, fourteen thousand dollars; to the turnpike road from Richmond to Lexington, eleven thousand five hundred dollars; to the road from Georgetown to Covington, forty eight thousand dollars; to the turnpike road from Maysville to Bracken county, eleven thousand two hundred dollars; to the Logan, Todd and Christian turnpike road Company, forty eight thousand dollars; to balance due on other roads, six thousand dollars; to the turnpike road from Crab Orchard to Cumberland Gap, eighteen thousand dollars; to descending navigation, four thousand dollars; to the Superintendent of lime manufactory and other incidental expenses, eight thousand dollars; to the turnpike road from Maysville to Mountsterling, four thousand dollars. 1841 Proviso. Money, how disbursed. Roads and Rivers. Bonds to be Proviso. SEC. 3. Be it further enacted, That the Governor of this Commonwealth be, and he is hereby, authorized to sell the sold. bonds or scrip of the State, in the United States or elsewhere, to the amount of one hundred and ninety six thousand dollars, in sums not less than one thousand dollars, bearing an interest of six per cent., redeemable at any time after thirty years, at not less than par value in Kentucky currency: Provided a sufficient sum shall be first provided to pay the interest; and provided, further, that so much of the act, entitled, "an act to provide for the payment of public contractors," approved 21st February, 1840, as authorizes the Governor of this Commonwealth to issue bonds or scrip of the State, redeemable at any time after six years, be, and the same is hereby, repealed. But this act shall not be so construed as to prevent the sale of the residue of the bonds to the amount of four hundred and fifty three thousand dollars, of the thirty year bonds authorized to be sold by the third section of said act. SEC. 4. Be it further enacted, That it shall be the duty of the Board of Internal Improvement, as early as practicable 1841 transfer the su after the adjournment of the present General Assembly, to apply to the several turnpike road companies in this CommonProvision to monwealth, to summon meetings of their respective stockperintendence holders, at such time and place as shall be most convenient to of roads to the them, when and where it shall be the duty of the President or Board of Int. any Member of the Board of Internal Improvement to appear, Improvement. and propose to the stockholders to transfer from the companies, to the Board of Internal Improvement, the care and superintendence and management of the said turnpike roads for the space of years. If the stockholders consent thereto, a record shall be made thereof on the books of the companies and the care and superintendence and management of said roads shall be vested in the Board of Internal Improvement as fully as those public works now are, of which the Commonwealth is the sole owner. If objection be taken to the proposition, made as aforesaid, it shall be the duty of the President or other Member, as aforesaid, to submit the proposition, in a formal manner, to the stockholders assembled, and the question shall be taken thereon, on which question the President or other Member of the Board, as aforesaid, shall vote on behalf of the Commonwealth; and if a majority of the stockholders shall determine to make the transfer, as aforesaid, a record shall be made of the proceedings thereon, on the books of the company, and the Board of Internal Improvement shall assume the care and superintendence and management of the said roads, as aforesaid, as fully as of those public works of which the Commonwealth is the exclusive owner. SEC. 5. Be it further enacted, That the said roads shall be Roads to be placed, by the Board of Internal Improvement, under the suplaced under perintendence of the Chief Engineer, who shall have authorChief Engineer ity, by and with the advice and consent of the Board, to apwho may ap- point not more than five Superintendents, whose compensapoint Superintendents. tion shall not exceed the sum of seven hundred dollars, to be paid by the Board, and whose duties the Chief Engineer, by order of the Board, shall from time to time prescribe. Treasurers. SEC. 6. Be it further enacted, That if the said companies or any of them, shall deliver over to the Board their respective roads, in the manner proposed, the Board shall nominate, to the Presidents and Managers of the roads, respectively, suitable persons, to be appointed by the said Presidents and Managers, as Treasurers of the said companies; and upon their appointment, as such, they shall severally give bonds to the said companies, with penalties of the like kind as are now required by their respective charters, and with condition that they will severally pay over to the order, and according to the direction of the said Board, all moneys which may come to their hands as such: and that they will make report to said Board at least once in each quarter, and as much oftener as the Board shall require, of the amount of the funds in their hands, and of the receipts and disbursements thereof. 1841 System of re SEC. 7. Be it further enacted, That the Chief Engineer, with the approbation of the Board, shall adopt a system of repairs for the said roads, having due regard to economy and efficiency, which shall be submitted to the Superintendents, pairs and quarwhose duty it shall be to conduct and overlook the same, in terly reports. person; and the Chief Engineer, once in each quarter at least, shall make report to the Board of the condition of the roads, and of the amount of tolls received at each toll gate, and of the sums expended for repairs, as well as on all other accounts; and the Board shall, in like manner, report the same to the General Assembly. SEC. 8. Be it further enacted, That all contracts for repairs shall be submitted, by the Superintendents, to the Chief Engineer for approval; and the Chief Engineer and Superintendents shall have power to examine the books and accounts of the gatekeepers, as well as of the treasurers or the companies, and shall report to the Board any irregularity which they may discover in the keeping of the same. SEC. 9. Be it further enacted, That the rates of toll, on all the roads thus transferred to the Board of Internal Improvement, shall be regulated by the Board, subject to the provissions of the charters of the companies. Contracts for repairs, and ackeepers, treasurers. counts of gate and Rates of toll. Corporate SEC. 10. Be it further enacted, That the corporate powers of the turnpike road companies shall remain unimpaired, except powers of comso far as their privileges may be effected by the provisions of panies to rethis act, by and with the consent of the stockholders, including the Commonwealth, voting a majority of the stock; and that all suits shall be brought by order of the Board of Internal Improvement in their name, and proceedings had for the recovery of debts, and the breaches of contracts, or the violation of official bonds, by the respective officers, in the same manner as if this act had not passed, provided that the approptiation of the funds belonging to the company shall be regulated by the provisions of this act. SEC. 11. Be it further enacted, That the said companies shall declare dividends on their joint and capital stock, on the first Monday in June and December in each year; and the treasurers of the companies shall faithfully pay into the Treasury of the Commonwealth, forthwith, after the dividends are declared, all moneys which shall remain in their hands accruing to the Commonwealth, as profits on her stock, to the credit of the Commissioners of the Sinking Fund, which shall be subject to their order. Dividends. Payment for SEC. 12. Be it further enacted, That for all work and labor done, or materials furnished upon said roads, the treasurers of repairs. the local boards shall make payment upon the order of the Superintendent, approved by the Chief Engineer or the President of the Board. Gatekeeper's SEO. 13. Be it further enacted, That the gatekeepers, on any of the roads provided for in this act, shall be required to bond. execute bond, in the penalty of five hundred dollars, payable |