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Frovise

managers to

enter into bond and se curity

Condition

To take an oath

Managers to build or pur

chase a bridge over Big Laurel ri

ver

how to be paid for

said road; and the said managers shall be entitled to one dollar, twenty-five cents per day, for each day's service which they may render under the directions of this act: Provided however, that they shall first make oath before some justice of the peace, stating the number of days they shall have been employed in carrying this act into effect; which affidavit shall annually be forwarded, together with a statement of all the monies received by them from the turnpike, and laid out for the repair of said road, a full and complete statement of which, shall be transmitted annually, on or before the 25th day of Decem ber, to the governor.

SEC. 5. Be it further enacted, That it shall be the duty of each of the aforesaid managers, before he enters on the duties of his office, to enter into bond in each of their respective county courts, in the sum of one thousand dollars each, with such security as said county court shall think proper, for the true performance of the duties enjoined by this act. Which bond shall be made payable to the commonwealth; and to be void upon conditions, that the aforesaid managers shall account for all monies received by them, from the keeper or keepers of the turnpike, or the directors now in office.

SEC. 6. Be it further enacted, That it shall be the duty of the aforesaid managers, before they enter upon the duties of their office, to take an oath before some justice of the peace, in their respective counties, that they will faithfully discharge the du ties enjoined on them by the before recited act.

SEC. 7. Be it further enacted, That it shall and may be lawful, for the aforesaid managers, so seon as they can, after the passage of this act, either to build a bridge across big Laurel river, on the wil derness road, or purchase one that is built, belonging to Isham Farris, which to them may appear most advantageous for the benefit of the institution, and good of the public, and pay the same out of the mo ney arising from said turnpike gate.

County court Sec. 8. And be it further enacted, That if any of to appoint managers in the within mentioned managers, should resign, die, certain cases remove from the county, or refuse to qualify, agree

able to the provisions of this act, the county court
wherein he shall have been so appointed, shall pro-
ceed to appoint some fit person, to fill his place:
Provided however, that the managers herein named,
shall have no power to remove or change said wilder Provise
ness road, from the place where it now runs, except
for the purpose of making said road on better ground
than it was before, and not farther than three hun-
dred yards at any one place, without concurrence of
the whole of said managers; and then it shall be giv-
en in writing to the commissioners, the place where
he shall leave the present road, and where he shall
come in again and the managers herein mentioned,
shall have full power, to call on any or all of the for-
mer commissioners, if they shall think proper, for a
fair settlement of their accounts; and if there should ·
appear any balance due, from any or either of said
former commissioners, or either of the former gate
keepers, in favor of the commonwealth, they shall
appropriate the same to the use of said road.

Sec. 9. Be it further enacted, That the said managers are hereby authorised, to sue in the name of the commonwealth, any person or persons who shall fail to pay over to them, all money or monies which may be in their hands, collected from the turnpike aforesaid.

1

managers may

bring suit

SEC. 10. And be it further enacted, That it shall and may be lawful for the keeper of the turnpike, turnpike may keeper of to administer an oath to any person claiming the be- administer nefit of the law, exempting the citizens of Knox oath county from paying toll at said turnpike,

Sec. 11. And be it further enacted. That the keep- keeper's sala er of the turnpike, be allowed fifty dollars in addition to his present salary.

So much of every act as contains provisions contrary to this act, shall be, and are hereby repealed.

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126

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CHAP. CCLXXVII.

AN ACT

io amend the laws now in force, directing the mode of summoning and impanelling grand juries.

APPROVED, JAN. 31, 1811.

Sec, 1. BE it enacted by the General Assembly

of the Commonwealth of Kentucky, That where the grand jury which may be summoned to attend any of the circuit courts in this commonwealth, shall be discharged, and the said court at any time thereafter, during their said term, shall think it necessary to have impanelled, another grand jury, they shall have power and authority to do so and for that purpose shall enter an order on record, directing the sheriff to summon a sufficient number of qualified persons, to constitute a grand jury, to meet and attend at such time as the court shall direct:

upon which said order, the sheriff shall proceed immediately to summon a grand jury, to meet at the time directed by said order of court; which said grand jury so summoned, being duly impanelled, shall have all the powers, and be subject and governed by the same rules, regulations and laws, as grand juries heretofore have been; and their proceedings shall be as effectual and binding, to all intents and purposes, as though done by a grand jury, summoned under the laws now in force.

CHAP. CCLXXVIII.

AN ACT

Increasing the power of the County Court of Fayette, in laying their Levy.

APPROVED, Jan. 31, 1811.

Sec. 1.Bf the Commonwealth of Kentucky, That

E it enacted by the general assembly

127

dogs.

it may be lawful for the county court of Fayette, if Power of the two thirds of all the justices in said county shall county court deem it expedient, and concur therein, at their to lay levy on March or April terms next, and at the laying the county levy in each year thereafter, to lay a levy of two dollars, upon each and every dog above two, kept or permitted to be kept upon any farm or plantation, or above one, kept or permitted to be kept a bout any house. or lot, in any town in said county, to be paid by the owners or occupiers of such farm, plantation, house or lot, and to be collected, accoun- how collected ted for and disposed of, in like manner as other ty levies now are.

coun

and accounted for

Owners of dogs to deliv er in list of all dogs above

two to comm

issioner of the

Sec. 2. Be it further enacted, That it shall be the duty of the owner or occupier of any such farm, plantation, house or lot, about or on which, any dog or dogs kept, or permitted to be kept, above the number before recited, to deliver a list of all such dog or dogs, above the number permitted to be kept, to the commissioners for taking in taxable property, at the same time, under the same regulations and penalties, failing as other taxable property is listed in this commonwealth.

tax

penalty for

SEC. 3. Be it further enacted, That it shall be the duty of the commissioners for taking lists of taxable duty of the commissioner property, in the county aforesaid, to return a list of all such dogs, at the time, and under the same regu- . lations as other taxable property is returned; and it shall be the duty of the clerk to have, in such copies

of the books as are made out for the use of the coun- duty of clerk ty, distinct columns, in which shall be listed, opposite the names of the owners, the number of dogs returned by each person under this act.

SEC. 4. Be it further enacted, That every Tanner and Butcher in said county, may be permitted to own any number of dogs not exceeding four, and shall not be liable to the tax imposed by this act, upon said number four.

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Tanners and Butchers al lowed to keen four dogs

CHAP. CCLXXIX.

Preamble

duty of briga

of muster

Commadants

AN ACT

To amend the MILITIA Laws:

APPROVED, January 31, 1811:

W Therefore for remedy whereof,

HEREAS the militia laws are yet defective:

BE it enacted by the general assembly of the comdier general monwealth of Kentucky, That it shall be the duty of to give notice the brigadier general, to give written notices of the regimental and battalion musters as heretofore, on or before the first day of February in each year; and of regiments the commandants of regiments shall, on or before the to give notices fifteenth of said month, give similar notices to the commandants of battalions; who shall, on or before of battalions the first day of March, deliver similar notices to duty. the commandants of companies; who shall on or beDuty of cap fore the fifteenth of March, deliver a notice as is at Sergeant's present directed, to their sergeants, who shall serve

commandants

tains

duty Proviso

the same on or before the first day of April, in the same manner, as at present: provided in all cases hereafter, where any private has three days notice of any muster, it shall be deemed lawful; but any neglect of duty in the time or manner of giving the notices as above, shall be subject to the same fines Captain to ad and penalties as heretofore.

minister an

oath to his sergeants

Duty of cap tains of com

panies

Sec. 2. Be it further enacted, That the comman. dant of companies, shall administer the oath to his sergeants, as to their having notified the privates to musters and courts, for the assessment of fines.

Sec. 3. Be it further enacted, That it shall be the To appoint duty of the commandant of companies, to appoint sergeants. his sergeants annually, at his April muster ; and any Penalty for non-commissioned officer refusing to serve when appersons refu- pointed, and duly notified thereof, shall be fined four dollars, by the court of assessment.

sing to serve when appoint

ed.

SEC. 4. Be it further enacted, That in case a field Eldest capt. officer from accident, does not attend the courts for to preside at assessment of fines, the eldest captain present, shall

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