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1861..

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shall be subscribed by the president, or, in his absence, by the president pro tem., and attested by the secretary, and being so signed, shall be binding on the company, accord- issued, and ofing to the true intent and meaning of the contract, with or without the seal of office.

§ 15. Should the elections directed to be held under the charter of this company, from any cause be neglected to be held on the day designated, the corporation shall not, for that reason, be dissolved; but such elections made in good faith, on any subsequent day, shall be held valid. § 16. This act shall take effect from and after its passage. Became a law on the 15th of February, 1862, by the lapse of time.

fect of same.

Charter not to of failure hold election.

be void in case

CHAPTER 372.

AN ACT transferring portions of the Elizabethtown and Bell's Tavern turnpike road to the counties of Hardin, Hart, and Barren.

WHEREAS, It appears that the Elizabethtown and Bell's Tavern turnpike road is much less used for travel and transportation than formerly, is not yielding any revenue to the State or resources to the sinking fund; that the president, managers, and company cannot, from the tolls received, keep up the gates and preserve the road in good repair; and the president and managers having petitioned the Legislature to transfer the control and jurisdiction over the road to the counties through which it passes,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the State of Kentucky, without relinquishing the right and title it may have to the capital stock, property rights, and franchises of the Elizabethtown and Bell's Tavern turnpike road company, consents that such portions of the said road as are embraced within the counties of Hardin, Hart, and Barren, and that part of the Bardstown and Green River turnpike road that lies in the county of Larue, between Muldrough's Hill and the Hart county line, respectively, may not be kept, managed, and controlled by the president, managers, and company of said road, as directed in the charter and by-laws of the

company.

§ 2. That the portions of said road in the counties of Hardin, Hart, and Barren, respectively, shall be deemed and held to be ordinary public highways in said counties, and shall hereafter be under the control and jurisdiction of the county courts of said counties, respectively, which courts shall exercise over it all the powers and be required to discharge all the duties as in the case of other roads and highways as now regulated by law.

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§ 3. That the State may, at any time, by repeal or amendment of this act, or by the order of the Board of Internal Improvement, or any corporation, or persons invested by law with the present powers and duties of the board, or by the order of the commissioners of the sinking fund, require that the management and control of said road shall be resumed by the president, managers, and company of the road, and to that end may exercise all the rights, powers, and franchises which the State may now have under the charter.

§ 4. That nothing in this act shall be construed to prevent said county courts from discontinuing any portions of said road, as a highway, as in the case of other roads and highways.

§ 5. That this act shall go into effect from its passage. Approved December 23, 1861.

CHAPTER 373.

AN ACT for the benefit of William R. McFerran, presiding judge of the
Barren county court.

WHEREAS, It is represented to the present General Assembly of the Commonwealth of Kentucky, that the justices of the peace composing the court of claims for Barren county, held on the third Monday in November, 1861, in the absence of said McFerran from said county, to prevent violence to himself from the so-called Southern Rights men, the majority of the justices composing said court being of that party, refuse to make said W. R. McFerran, judge as aforesaid, any allowance for his official services; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the presiding judge of said county court be, and he is hereby, vested with power and authority to summon the justices of said county to appear at any of the regular terms of said court, and to compel their attendance, if need be, by attachment, or other legal process, and to adjourn said court from day to day, until a majority of the justices composing said court be in attendance; and when a majority shall be in attendance, they shall allow said Wm. R. McFerran the sum of two hundred and fifty dollars for his official services, as judge of said court for the year ending the third Monday in November, 1861, to be paid out of the county levy of said county collectable in the year 1862; and it shall further be the duty of said justices, or a majority of them, to lay any additional levy that may be necessary for the payment of said allowance.

§ 2. This act to take effect and be in force from its passage.

Became a law on the 22d of December, 1861, by lapse of time.

CHAPTER 377.

AN ACT for the benefit of the clerk of the Greenup county and circuit court. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That if the clerk of the Greenup county court and Greenup circuit court shall be of opinion that the records of said courts are unsafe where now kept, he may remove them to the rooms heretofore occupied as clerks' offices, in the second story of the court-house; that the jailer of Greenup county shall permit such occupancy by the clerk. § 2. That this act shall take effect from its passage. Approved February 15, 1862.

CHAPTER 378.

AN ACT for the benefit of the executors of Samuel Redding, deceased.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

§ 1. That the qualification within this State of the executors or administrator of Samuel Redding, deceased, late of Washington county, shall not be deemed or held to impose upon or require them to take charge of or administer any estate of any kind belonging to decedent without this State, nor to require them, in any wise, to execute the provisions of said decedent's will, in regard to property outside of this State; but shall only compel them to administer said estate situate within this State, and to execute the provisions of said will, so far as applicable to the same. §2. This act shall take effect from and after its passage. Approved February 15, 1862.

CHAPTER 379.

AN ACT to authorize the sale of the Russell and Cynthiana turnpike road and its franchises, and for other purposes touching the same.

WHEREAS, It is represented to this General Assembly that the Russell and Cynthiana turnpike road company is inextricably involved in a debt which is continually increasing upon it, and that proceedings have been taken in the Fayette circuit court for a sale of said road under a

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mortgage made by the company, and the application of the proceeds for the payment of its debts; and whereas, it is desirable that a clear and valid sale should be made, so as to invest the purchasers with a complete title, and that the purchasers should be organized as a corporation; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Fayette circuit court be empowered to sell, under said mortgage, the turnpike road, and all the rights, privileges, and franchises, and other property and effects of said company, as one entire thing; and that the purchasers shall be invested with an unincumbered title thereto, in as full and ample a manner as said company, and subject to all the duties and restrictions of the same, with respect to the keeping up of said road and taking toll thereon.

§ 2. That said purchasers shall be and are hereby constituted a corporation, under the name of the Russell turnpike road company, with all the rights, powers, and franchises, and subject to all the duties, regulations, and restrictions that are prescribed by the charter of the present company; and with the power to divide their respective interests into such number of shares as they may prescribe for themselves.

§ 3. This act shall take effect from its passage.

Approved February 19, 1862

CHAPTER 381.

AN ACT for the benefit of P. H. Clayton, late sheriff of Bracken county.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

§ 1. That P. H. Clayton, late sheriff of Bracken county, be allowed the further time of two years, from and after the passage of this act, to list and collect his uncollected fee bills and taxes, and to distrain for the same, subject to all the pains and penalties for issuing and collecting illegal fee bills.

§ 2. This act to take effect from and after its passage. Approved February 19, 1862.

CHAPTER 382.

AN ACT for the benefit of W. T. Samuels, clerk Hardin county court. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the further time of two years, from and after the 1st day of January next, is given to William T. Samuels, clerk of the Hardin county court, to collect any and all fee bills due and to become due him, subject to all the penalties now prescribed by law for issuing and collecting illegal fee bills.

§2. This act to take effect from and after its passage. Approved February 19, 1862.

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CHAPTER 383.

AN ACT to amend the charter of the city of Louisville.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

City council empowered to

§ 1. That the general council of the city of Louisville may create an indebtedness of the said city to an amount levy additional not exceeding seventy-five thousand dollars a year, for the tax. two fiscal years ending on the 10th of March, 1862 and 1863, in addition to the amounts now authorized to be expended or contracted for under the charter; and the said. council is empowered to provide for and pay said indebtedness at any time within the next ten years, by taxation upon such property as is or may be liable to assessment and taxation for city purposes.

§ 2. That so much of the charter of said city as renders it compulsatory on the council to exact of the tax collectors full settlement of the whole amount of tax bills before the 10th day of March next, after such bills are placed in their hands, be, and the same is suspended until the 1st day of July, A. D. 1864: Provided, however, That the action Proviso. of the council deferring the time of full settlement for the year shall be taken before the 1st Saturday in April, and not afterwards, to affect the settlements of those taxes.

§3. That whenever, from any cause, it shall happen that a tax collector has not fully qualified within ten days after the day appointed for his election, the general council shall, on joint ballot, elect a tax collector in place of the one who should have been by that time elected and qualified; and said council shall, on joint ballot, fill any vacancy that may occur in the office of tax collector.

advertised.

§ 4. That the twentieth section of the sixth article of the Property to be charter of said city be so amended that the advertisements, both as to personal and real property of residents of Louis

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