1872. § 2. This act shall take effect from and after its passage. Approved February 2, 1872. CHAPTER 160. AN ACT to amend the charter of the Independence and Big. Bone Turnpike Be it enacted by the General Assembly of the Commonwealth of 1. That the charter of the Independence and Big Bone Turnpike Road be, and the same is hereby, so amended as to authorize the president and board of directors of said road to erect and keep a toll-house or gate on said road within one quarter of a mile of the original incorporation line of the town of Independence, in Kenton county. § 2. That this act take effect from and after its passage. Approved February 2, 1872. CHAPTER 161. AN ACT to amend the charter of the Richmond, Union Meeting-house, and Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to incorporate the Richmond, Union Meeting-house, and Kentucky River Turnpike Road Company," approved February 221, 1860, be, and the same is, so amended as to allow said Turnpike Road Company to extend and construct their said road from Union Meeting-house to a point of intersection on the Richmond, Otter Creek, and Brownsboro Turnpike Road, at or near Wm. Guess's blacksmith-shop. § 2. That the name of said company is hereby changed to Dreaming Creek, Union, and Kentucky River Turnpike Road Company, and under said name it shall possess the sane privileges, and be amenable to all restrictions, set forth in the act to which this is an amendment. §3. This act shall take effect from its passage. Approved February 2, 1872. CHAPTER 162. AN ACT incorporating the Beech Fork and Simpson's Creek Turnpike Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1872. Corporate name and style. §1. That a company is hereby created and incorporated, under the name and style of the "Beech Fork and Simpson's Creek Turnpike Road Company," for the purpose of constructing an artificial road, with stone or gravel, in the county of Nelson, from the Bardstown and Bloomfield Turnpike Road, at a point near the residence of Mrs. Nancy Allen, to the Bloomfield and Springfield Turnpike Road, near William Campbell's. The following persons are appointed commissioners, who, or any one of them, are authorized to receive subscriptions to. the capital stock of said company, to wit: William D. Names of comHuston, Wm. B. Wilkinson, William Campbell, Samuel missioners. Humphrey, and William Neal. § 2. The capital stock of said company shall be fifteen Capital stook. thousand dollars, divided into shares of fifty dollars each. When five thousand dollars is subscribed to the capital stock of said company, the stockholders are authorized to elect a president and three directors, who shall continue in office one year, and until their successors are elected and qualify. Said board shall have power to fill vacancies, and appoint a treasurer and secretary. §3. Said corporation shall have power to condemn the Powers, rights, right of way, the necessary stone, gravel, earth, wood, and privileges. or other material necessary for the construction or repair of said road, as provided by chapter 103 of the Revised Statutes, and amendments thereto. § 4. Said company shall have power to erect onc tollgate on said road, and collect full toll, at the rates fixed by law for the collection of tolls on the Bardstown and Louisville Turnpike Road Company, or said company may erect two toll-gates on said road, and collect half toll at each of said gates. 5. This act shall be in force from its passage. Approved February 2, 1872. CHAPTER 163. AN ACT for the benefit of all persons owning land binding on that part of Manu's Lick road, alias Saratoga street, alias Pope street, between Broadway, in the city of Louisville, and its intersection with Rothwell street. WHEREAS, It is represented to the present General Assembly that many years ago a certain road, about sixty feet wide, called Mann's Lick road, subsequently Saratoga 1872. street, alias Pope street, ran from the city of Louisville into the country in a southeastern direction, to a point where it intersected what was then known as Rothwell street; and whereas, since that time the city has been greatly extended, and new streets and new squares have been laid over the whole of the road; and whereas, all of said road extending from the original limits of the city to Broadway has been closed about thirty years; and whereas, Rothwell street has been closed by the decree of the Louisville chancery court, rendered by virtue of an act passed by the Legislature of Kentucky; and whereas, the rest of said Mann's Lick road, running diagonally through many of the new streets and squares, rendered the sqares comparatively valueless, it was closed by common consent about ten years ago, and has remained so ever since; and whereas, many of the owners of the land binding on that part of the road fear that they may be disturbed in the possession of the same, and, in consequence of their fears, the growth of that part of the city is greatly retarded. Now, for the remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That any person or persons owning land binding on that part of Mann's Lick road, alias Saratoga street, alias Pope street, in the city of Louisville, extending from Broadway, in said city, to the point where said road formerly intersected a street called Rothwell street, may bring suit in the Louisville chancery court, making the city of Lonisville and all persons owning land binding on that part of the road parties to the suit, to have said part of the street conveyed, by deed in fee simple, to the owners of the land-to each owner the land immediately in front of his land to the middle of the street; and upon proof being made that said road is no longer necessary for the accommodation of the public, and that the growth of that part of the city is retarded by the uncertainty of the title to the bed of the road, the chancellor shall decree that so much of the road as lies between the front of each owner's land and the middle of the road shall be conveyed to him by deed in fee simple. §2. This act shall take effect from and after its passage. Approved February 2, 1872. CHAPTER 164. AN ACT for the benefit of John Goodin, commissioner of common schools for Josh Bell county. WHEREAS, By the provisions of an act approved March 13th, 1871, the commissioners of common schools were to be paid out of the surplus funds due the respective counties, for which the State of Kentucky had issued its bonds; and Josh Bell county having recently been created out of the counties of Harlan and Knox, and not having suffi. cient surplus funds on hand out of which to pay her school commissioner for his services for the school year ending June 30th, 1871; and, for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John Goodin, commissioner of common schools. for Josh Bell county, shall be paid for his services as school commissioner, for the year ending 30th June, 1871 (being one hundred dollars), out of the surplus funds due the counties of Harlan and Knox, for which the State of Kentucky has issued its bonds; of which amount thirty-five dollars shall be taken from the Harlan county bonds, and sixty-five dollars from the Knox county bonds; and when said payments are so made, the said bonds shall be credited by the amounts so paid; and the sums so paid out shall be charged to the surplus fund accounts of said counties, respectively, by the Superintendent of Public Instruction and Auditor. § 2. This act shall be in force from its passage. Approved February 2, 1872. 1872. CHAPTER 165. AN ACT creating a lien on property for the erection of gas lamp-posts in the city of Paducah. Be it enacted by the General Assembly of the Commonwealth of Kentucky: City council erection of may require § 1. That the common council of the city of Paducah shall have power to pass ordinances requiring the erection of gas lamp-posts at the cost of the owner or owners of lamp-posts. property, and to cause the cost thereof to be apportioned among said owners in such manner as may be prescribed by ordinance; and a lien is hereby created on the property 80 assessed for the cost thereof, and may be enforced in the same manner as liens for improvement of streets. Lien created on property to pay for posts. Question to be submitted § 2. No ordinance of the common council requiring the erection of gas lamp-posts at the expense of property to voters." owners shall have force as a law unless the same be voted for by two thirds of all the councilmen then elected, nor 1872. unless the yeas and nays thereon be recorded in the journal of proceedings: Provided, however, That if the owners of a majority of feet front liable to assessment shall petition to have gas lamp-posts erected, in such case the council shall have power and authority, by a vote of a majority, of all the members then elected, to pass an ordinance for the erection of gas lamp posts on such street, alley, or part thereof, as are petitioned for; the vote of said majority, however, shall be by yeas and nays, recorded as aforesaid. § 3. All acts and parts of acts in conflict herewith are hereby repealed; and this act to be in force from and after its passage. Approved February 2, 1872. CHAPTER 166. AN ACT for the benefit of Lark Howard, of Magoffin county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That Lark Howard be, and he is hereby, allowed the privilege of changing the channel of Licking river on his lands, near his house, in Magoffin county, provided such change will in no way interfere with the navigation of said river. §2. This act shall take effect from its passage. Approved February 2, 1872. CHAPTER 167. AN ACT to amend an act revising the charter of the city of Paducah, Kentucky, approved 11th February, 1871. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That whenever, in the opinion of the common council of the city of Paducah, it shall become necessary for said city to take any private property for public use in said city for wharves, streets, alleys, sidewalks, parks, public grounds, and for any other purpose whatever, in the opinion of said common council, tending to promote the interest: and welfare of the people of said city, the said common council may so declare, by ordinance or resolution; and, in the event the said city, through her authorized agents, shall be unable to agree with the owner of any such property, if a resident of said city, or if the owner of said ground or other material be a non-resident of said city, an infant, a feme covert, or non compos mentis, it shall be the |