1862. Powers con ferred. Penalty for refusing to toll. ment to made. pay be CHAPTER 611. AN ACT to incorporate the Newport and Jamestown Bridge Co. WHEREAS, Heretofore James Taylor, J. T. Berry, Joseph Taylor, Robert Todd, Robert Air, Mary Winston, Ann W. Tibbatts, Kitturah Harris, and Daniel Wolff, by contribution, erected an iron bridge over Taylor's creek, on the road between Newport and Jamestown, in the county of Campbell, at a cost of $3,000, and it is found necessary to have an organization to keep said bridge in repair; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That said persons are hereby created a body corporate for the purposes aforesaid, with all the powers incident to a corporation; the said company may cause to be erected and kept a gate, and all necessary buildings, at or near said bridge, for toll-house and other purposes incident hereto. § 2. They shall have power to collect tolls not exceeding the following rates for crossing said bridge, viz: Foot passenger, one cent; horse and rider, three cents; all one horse vehicles, including horse and driver, or the owners and family, five cents; two-horse vehicles one way, eight cents; both ways, fifteen cents; three-horse vehicles one way, ten cents; four-horse vehicles, twelve and a half cents; and in like proportion for any greater number; for each head of cattle driven, one cent; for each sheep or hog, half a cent. §3. Any person who shall become liable to pay any of the tolls aforesaid, and shall refuse to pay the same, shall be liable to a fine of not exceeding ten dollars, or less than five dollars, recoverable by said company, with costs, in any justice's court or the quarterly court of said county, or mayor's court of Newport; and on failure to pay the fine, may be confined in the jail of Newport or Campbell county, as in case of fines due the Commonwealth. § 4. The said tolls and fines shall be applied first to the Yearly state discharge of the expenses of the company and the keeping of the bridge in proper order and repair; and secondly, if any surplus shall remain, the same may be applied to the improvement of said road under the direction of said company, from time to time; it shall be the duty of said company to make a settlement and exhibit of their accounts and finances with the county judge of Campbell county, at least once in each year, the result of which shall be reported by the judge to the county court, and filed in the clerk's office of said court; when in the opinion of the county judge, the collection of tolls as aforesaid, is not necessary for the purposes herein before stated, they may suspend the collection thereof, or any part, from time to time, at their option. That the said James Taylor, James T. Berry, Joseph Taylor, Robert Todd, and Robert Air, are hereby appointed directors of said company, a majority of whom shall form a quorum to do business; they may appoint their chairman, secretary, treasurer, and such other officers and agents as they may deem necessary, and to discharge the same at pleasure, and to make all proper by-laws consistent with the objects of this corporation, and to fill all vacancies in said board, and appoint successors, who shall have the same powers that are conferred on said original directors; said company shall not be responsible for any accident to person or property in crossing said bridge, as said bridge was erected by private contributions, and is not for profit to the persons composing this company. Approved March 17, 1862. 1862. CHAPTER 613. AN ACT to amend section 25, chapter 93, of Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be lawful for the Governor of this Commonwealth, in exercising his pardoning power, should he choose to do so, in favor of Jordan, a slave, formerly the property of R. M. Ewing, of Scott county, and Abner, now confined in the State penitentiary, to do so on the condition that such slaves will agree to be again restored to their original condition of servitude, by sale, as herein provided for. § 2. Upon the giving and acceptance of such pardon, the Governor shall inform the Treasurer thereof, whose duty it shall be to sell such slaves at public auction to the highest bidder for cash in hand, having first advertised the time, place, and terms of sale for two weeks next previously in a newspaper printed and published in Frankfort. §3. The costs of sale, including five per cent. on the amount to the Treasurer, shall be paid out of the proceeds, and the remainder paid into the public treasury, and the slaves delivered to their purchasers. § 4. This act to take effect from its passage. Approved March 17, 1862. GENERAL AND PRIVATE ACTS OF THE STATE OF KENTUCKY, PASSED AT THE SESSION WHICH WAS BEGUN IN THE CITY OF AUGUST, 1862, AND ENDED IN THE CITY OF CHAPTER 614. AN ACT to amend the jury laws of this Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all grand jurymen, as also all petit jurymen, empanneled for the trial of any alleged violation of the criminal or penal laws of this Commonwealth, before serving as such shall, in addition to the oaths now prescribed by law, take the following oath, to be administered to them. in the same manner, and by the same persons, now authorized to swear such jurymen: "I do swear that I have not directly engaged, or been in the service of the so-called Confederate States, or either of them, or in the service of the so-called provisional government of Kentucky, either in a civil or military capacity; and that I have not directly or indirectly engaged in, aided or abetted any rebellion or insurrection whatever against the United States or State of Kentucky, so help me God." § 2. All jury commissioners, before entering upon their duties as such, shall, in addition to the oath now prescribed by law, take the oath in the previous section. Judges to see that oath is ad §3. It shall be the duty of the circuit court judges, and all judges presiding over any trial by jury, for any alleged ministered. 1862. breach of the criminal or penal laws of this Commonwealth, to see that the provisions of this act are faithfully May excuse per- enforced; yet, for good cause shown, on oath, they may excuse any juryman from taking the oath prescribed in the first section; but no one thus excused shall serve as a jury- · sons from tak'g oath, but not to serve as juror. false swearing. man. § 4. Any person who shall swear falsely in taking the Penalty for oath prescribed by this statute, shall be guilty of false swearing, and, upon conviction thereof, be subject to all the punishment prescribed by law against the same; and in addition thereto shall be forever thereafter disqualified to vote, or to hold any office of honor or profit in this Commonwealth. § 5. No answer given or statement made by any one summoned as a juryman touching his unwillingness to take the oath prescribed by this act, or his reasons there for shall be evidence against him in any civil or criminal proceeding. § 6. This act shall take effect from its passage. Approved August 22, 1862. CHAPTER 615. AN ACT to amend an act, entitled, "an act further to regulate the Shelby and Franklin turnpike road company, approved February 10th, 1841. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the 3d section of the said recited act, which makes it the duty of the Board of Internal Improvement of the State, on or before the first Monday in March of each year, to appoint two managers on the part of the State, be so amended as to authorize said appointments hereafter to be made at any time on or before the fourth Saturday of March of each year. § 2. That said Board of Managers, after each annual election, shall not organize until the first Saturday after their election; and that said Board, when so organized, shall not have power to fill any vacancy which may be occasioned in their body by a refusal to accept, by resignation or death, by either of the managers appointed on the part of the Board of Internal Improvement; in either event the State Board alone shall have the power, and it is here made their duty, to fill such vacancy. § 3. That all acts or parts of acts, coming within the purview of this act, be and the same is hereby repealed. § 4. This act to take effect from and after its passage. Approved August 22, 1862. |