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1841

Removal of gatekeeper.

to the President and Managers of the local boards, with good security, for the faithful discharge of their duties, and that they will faithfully pay over all moneys received by them for tolls, at least once in every month, taking the treasurer's receipt therefor in a receipt book by them kept for that purpose. SEC. 14. Be it further enacted, That the Board of Internal Improvement shall at all times have the power of removing any gatekeepers for negligence or misconduct, or for failure to pay over in the manner prescribed in the preceding section, by giving said gatekeepers five days notice thereof; and if any gatekeeper shall fail or refuse to leave the premises within the time aforesaid, he shall be subject to a fine of twenty dollars per day, which may be recovered before any Justice of the Peace of the county in which such road lies, and a warrant may be taken out for each day said premises are detained beyond the period aforesaid; and, moreover, said company may sue out a warrant of forcible detainer, and, upon the trial, it shall be sufficient for the company to prove that said gatekeepers entered as such to authorize a recovery. SEC. 15. Be it further enacted, That it shall be the duty of Superinten- the Board of Internal Improvement to combine the offices of dents and En- Superintendent and Engineer on the different turnpike roads, gineers. as far as practicable, and to dismiss all Engineers not absolutely required to carry on the public works.

Approved, February 18, 1841.

Duty of first auditor in paying interest on State bonds.

Shall make

CHAPTER 373.

AN ACT prescribing the mode of preserving the evidences of the payment of interest on certain State Bonds.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Auditor of Public Accounts, whenever any bond issued by this State, and payable at the Treasury of this Commonwealth, before he issues a warrant on the Treasurer for the interest which may have accrued on such bond, to enter, in a well bound book, the number, date, amount, and payee, thereof; the amount of interest due; to whom and when paid. He shall also take a receipt from the person in whose favor the warrant for interest issues, describing the bond by date, number, and payee, and stating also the amount of interest included in the warrant, and the number of months and days for which it was counted. He shall also, at the same time, endorse, on the bond, the time to which the interest is paid, and to whom paid; which endorsement he shall sign, officially.

SEC. 2. It shall also be the duty of the Auditor, within the month of March next, and at the end of every month therereports of inter- after, to make a report of all interest paid, on any such bonds as above described, to whom and when paid, and the several

est paid.

amounts paid, to the Secretary of State; and it shall be the duty of said Secretary to record said report, in a well bound book, and carefully file and preserve said reports; and it shall be the duty of said Secretary, within the first two weeks of each Session of the Legislature, to report the amount of each monthly payment, so returned, for the information of the General Assembly.

Approved, February 18, 1841.

1841

CHAPTER 374,

AN ACT for the erection of additional rooms for the accommodation of the Auditors of Public Accounts, and for other purposes.

Commission

tend the erec

tion.

the lowest bid

To be let to

der.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be erected, adjoining ers to superinthe room now occupied by the Auditors of Public Accounts as an office, additional rooms for the use and benefit of the said Auditors, to be constructed upon the plan to be made out by the Commissioners hereinafter appointed by this act. That Philip Swigert, Thomas N. Lindsey, and John C. Herndon, be, and they are hereby, appointed Commissioners to superintend and direct the construction of the said additional rooms. It shall be the duty of said Commissioners to let out, to the lowest bidder, the construction of said building, after having first advertised the time and place of such letting in one or more of the newspapers published in the town of Frankfort. The undertaker of said work shall give bond, with good security, to be approved of by the said Commissioners, in an ade- give bond. quate penalty, conditioned for the faithful and due execution of the said work; and whenever the said work shall have been done and completed by the said undertaker, and approved of and accepted by the said Commissioners, they shall certify such acceptance to the Second Auditor of Public Accounts, and also the amount due for said work, who shall issue to the undertaker a warrant, therefor, upon the Treasurer, to be paid out of any money in the Treasury not otherwise appropriated, provided it does not exceed four thousand dollars. Approved, February 18, 1841.

Contractor to

CHAPTER 383.

AN ACT altering the terms of the Estill County Courts.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, from and after the first day of March, one thousand eight hundred and forty one, the Estill County Court shall be held on the fourth Mondays of every month. And all laws enacting that said County Court shall

1841

be held on the second Mondays of the month in which no Circuit Court is held, shall be, and the same is hereby, repealed.¡

Approved, February 18, 1841.

CHAPTER 391.

AN ACT to alter the time of holding the Washington and Marion Circuit Courts, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, the Marion Circuit Court shall commence on the second Mondays in April, the third Mondays in July and October, and shall, at each term, continue in session twelve juridical days, if the business shall require it.

SEC. 2. That the Washington Circuit Court shall, hereafter, commence its terms on the fourth Mondays in April, second in August, and first in November, and continue in session eighteen juridical days at the April and November terms, and twelve juridical days at the August term, of said court, if the business require it.

SEC. 3. That all process, precepts, and recognizances, returnable to the terms of said courts, respectively, shall be held and considered as returnable to the spring terms of the respective courts, as fixed by this act, instead of the terms as heretofore required to be held by law.

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Approved, February 18, 1841,

County court to appoint surveyor.

CHAPTER 393.

AN ACT concerning the Goose Creek Salt Works Road, in Knox County.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Knox County Court, and they are hereby required, to appoint, annually, some fit person as Surveyor of the Salt Works road, from James Pogue's to Joseph Payne's, in Knox county, and from the Flat Lick, up the left hand fork of Stinking creek, to the Clay county line, who shall hold his office for one year, and who shall be ineligible to re-appointment, unless he shall, at the County Court, when his appointment expires, or at the first County Court thereafter, settle with said court, and faithfully pay over, and account for, to said court, all moneys which may have come to his hands as Surveyor as aforesaid, as hereinafter provided for.

SEC. 2. Be it further enacted, That the precinct of road Payment of from Joseph Payne's to Goose Creek Salt Works shall, as heretofore, receive one half of all the money arising at the toll gate near Cumberland ford, from salt wagons and packers

tolls.

who travel said road; and that the precinct of road leading from the Flat Lick to R. Wickliffe & Co's. salt furnace shall be entitled to receive one half of all said tolls from salt wagons and packers traveling said road-two thirds of which shall be paid to the Knox Surveyor, and one third to the Clay Surveyor; and of the other half of the tolls arising as aforesaid, one third shall be applied by the Knox Surveyor to the precinct of road from James H. Pogue's to Joseph Payne's, and the residue to the precinct of road leading from the said Pogue's to the Cumberland Gap.

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1841

Duty of gate

SEC. 3. Be it further enacted, That it shall be the duty of the Gatekeeper, aforesaid, to keep a book, in which it may be keeper. at all times seen what each precint of road, as herein provided for, shall receive; and, with the view of enabling him to prevent frauds, he shall be authorized and required, whenever it shall seem to him necessary, to administer an oath to any wagoner or salt packer, and require him to state what road he intends to, or has traveled, and, for his trouble, the Gatekeeper, aforesaid, shall be entitled to receive five per cent., and to deduct the same ratably.

SEC. 4. Be it further enacted, That it shall be the duty of the Gatekeeper, aforesaid, to pay the Clay Surveyors the part which they may be severally entitled to, as heretofore, and to the Knox Surveyor in like manner: Provided, That nothing shall be paid, at any time, to the Knox Surveyor, until after he shall enter into bond, before the Knox County Court, with good security, in the penal sum of five hundred dollars, conditioned for the faithful performance of the duties hereby enjoined.

SEC. 5. Be it further enacted, That all laws, coming within the purview of this law,, be, and the same are hereby, repealed.

Duty of gatekeeper, and his

bond.

Approved, February 18, 1841.

CHAPTER 398.

AN ACT for the benefit of the Versailles and Anderson Turnpike Road Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the President, Directors, and Company, of the Versailles and Anderson turnpike road, be, and they are hereby, authorized to erect another toll gate on said road between Christopher's landing, on the Kentucky river, and the town of Versailles, provided that more shall not be charged on both toll gates than is now charged upon the one already erected. Approved, February 18, 1841.

1841

CHAPTER 399.

AN ACT to amend the charter of the Lexington, Harrodsburg, and Perryville
Turnpike Company.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the President, Directors, and Company, of the Lexington, Harrodsburg, and Perryville Turnpike road company, whenever they have four miles of continuous road completed, and unconnected with any portion of the road upon which a gate is now erected, to erect a gate upon the same, and charge a toll, pro rata, to be scaled by the rates of toll allowed in the charter incorporating the said company.

SEC. 2. Be it further enacted, That it shall and may be lawful for the County Court of Jessamine county, to grant to the said Turnpike road company the power of establishing a ferry over the Kentucky river, where the said road crosses the same, until the Bridge Company incorporated to erect a Bridge over the said river, at the same point, shall have completed the same, according to the provisions of the charter incorporating the same.

Approved, February 18, 1841.

CHAPTER 400.

AN ACT supplemental to an act, entitled, an act to amend the law prohibiting the importation of slaves into this State.

SEC. 1. Be it enacted by the General Assembly of the ComFurther time monwealth of Kentucky, That if any emigrant to this State, allowed to take since the passage of an act, entitled, an act to amend the law

oath.

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prohibiting the importation of slaves into this State, who may
have failed to comply with the requisitions of said act, shall,
within six months from the passage of this act, appear before
some Justice of the Peace in the county where said emigrant
may reside, and take the oath required by the first section of
said act, and, in addition thereto, shall take the following oath
or affirmation, to-wit: I,
do solemnly swear (or af-
firm,) that I emigrated to Kentucky with the view of becom-
ing a citizen thereof, in good faith, and that I was wholly ig-
norant of any law of the State of Kentucky requiring emi-
grants to take an oath respecting the slaves brought with them
into this State; and the omission, on my part, to take the oath
required by that act, and within the time prescribed, was
wholly the result of being ignorant of its existence: So help
me God. And shall, moreover, within thirty days thereafter,
cause said oaths or affirmations to be recorded in the County
Court Clerk's office; then, and in that event, the said emigrant
shall not be deemed to have incurred the penalties of said act
of 1833.

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