1845 of hands, whose duty it shall be to clear out said road at least thirty feet wide, and put the same in good order, so that wagons and carriages of burden can conveniently pass over the same; and for neglect of duty on the part of any Surveyor, Penalty on or any of the hands, they shall be subject to the same fines, to Surveyors for be recoverable in the same manner that fines now imposed by neglect duty. law, for failing or refusing to open, or keep in repair, roads in this Commonwealth; and that said road, when opened, shall be, Established and the same is, hereby, established a State road, and shall not be subject to be changed by the County Courts: Provided, further, That it shall be the duty of the County Courts of the several counties through which said road may run, at all times to cause the same to be kept in good order and repair. a State road. Com'rs. SEC. 3. That said Commissioners, who shall perform the duPay of the ties assigned them by this act, shall be allowed one dollar and fifty cents each, per day, for the time they may be necessarily employed in said service, to be paid out of the county levy of their respective County Courts. SEC. 4. That the present road from Canton to Columbus, Road from by way of Commerce, Waidsboro', on to the present State Canton to Co- road at the Graves county line, be constituted and established lumbus declar- a State road; and the County Courts of Calloway and MarTo be kept shall counties, (through which said road runs,) shall keep the same in repair, as provided for by the laws now in force in this Commonwealth in relation to roads. ed State road. in repair. Approved February 10, 1845. CHAPTER 283. AN ACT to establish the town of Rowena, on the land of John Leveridge, in SEC. 1. Be it enacted by the General Assembly of the ComTown of Ro- monwealth of Kentucky, That it shall be lawful for John Levestab- eridge, of Russell county, to lay off any number of acres of wena lished. land, of the farm whereon he now lives, on the south side of Cumberland river, at the Wild Goose shoals, not exceeding one hundred acres, as a town, with the necessary streets and alleys, and in lots in such size as he may think proper, which town shall be called and known by the name of Rowena. SEC. 2. That so soon as said Leveridge shall cause a survey The title to to be made, and a full and complete plat thereof, and furnishlands, vested ed the Trustees hereinafter named, the title to the aforesaid in Trustees. land as contained in said plat, shall be, and the same is hereby, vested in the said Trustees, and their successors, forever, as Trustees of said town of Rowena. SEC. 3. That Lindsey B. Tarpley, Abijah Guthrie, Samuel Trustees ap- Long, William McFarland, Alexander Carnes, Edmund Cook, pointed; their Nathan McClure, and Elijah Coffey, be, and they are hereby, appointed Trustees of said town, who shall possess the same power and authority that Trustees of towns generally possess, powers and duties. 1845 Clerk to be appointed; his duties. that is to say, they shall have power to sell said lots on such When Trustees to be e Notice to be given of election of Trus tees, and who may vote for SEC. 4. That the clerk shall, at least ten days previous to the second Monday in April, 1846, advertise, at the most public place in said town, that an election for Trustees of said town will be held at the house of Lindsey B. Tarpley on the second Monday in April, 1846; and all the free male inhab- them. itants of said town, and the owners of lots in said town over the age of twenty one years, shall be entitled to vote in said election for Trustees; and the said Trustees, when elected and qualified, shall possess the same powers and authority as the Trustees hereby appointed; and the Trustees, so elected, shall continue in office until the second Monday in April, 1847, and until others are duly elected and qualified; and, in like manner, elections shall be held in every year on the second Monday in the month of April thereafter; but if it shall so happen that an election shall not be held at any of the aforesaid times, that the Trustees, hereby appointed, shall continue in office until there is an election; and the Trustees hereby appointed, or their successors, shall have power to appoint an Assessor, Collector, Treasurer, and to lay a tax on the personal or real estate of said town not exceeding fifteen cents on each hundred dollars worth, and to apply the same to the use and benefit of said town; and, also, to fill vacancies that may happen between elections of the board of Trustees. A Collector, Assessor, and be appointed; Treasurer, to and taxes levi ed. may be bro't WHEREAS, By an act, entitled, an act appropriating a por- Vacant lands tion of the vacant lands in the district of country west of the in Calloway & Tennessee river for the purpose of education, approved Janu- Marshall; suit ary 30th, 1834, the quantity of six thousand acres was ap for partition, propriated to the county of Calloway; and by the act, enti- &c. iled, an act to establish the county of Marshall, approved February 12th, 1842, the said county of Marshall was erected and established exclusively out of the territory of Calloway county: and, whereas, also, by the fifth section of an act, entitled, an act for the benefit of Marshall county, approved January 27, 1843, the County Court of Calloway county were directed and authorized to transfer the one half of the aforesaid six thousand acres of land to the County Court of Marshall county: and it is represented to the present General Assembly that the County Court of Calloway county refuse and fail to make said transfer: therefore, SEC. 5. Be it further enacted, That the Circuit Court of Calloway county shall have jurisdiction to hear and determine any action at law, or in equity, that may be instituted by the Justices of the Marshall County Court to recover the proportion of said land, or for partition of the same; and said Circuit Court shall have all the power and authority, incident to Circuit Courts for the trial of other causes, to compel the attendance of witnesses, order surveys, and change the venue thereof, if necessary, to any other county. SEC. 6. That the Marshall County Court may, and they are hereby authorized to, institute suit, in the name of the Justices of the said Court against the Calloway County Court, either at law or in equity, for the recovery of said land, or the division or partition thereof; and service of process on the presiding Justice of the Peace of the Calloway County Court, and any other two of the Justices of said Court, shall be full and complete service; and said cause shall progress and be tried as other causes; and either party may appeal from the decision of said Circuit Court, or take up the same by writ of error, subject to the laws now in force regulating appeals and writs of error in other causes. SEC. 7. Be it further enacted, That Margaret Swope, of Lincoln county, be permitted and allowed to keep a tavern on the Crab Orchard and Wilderness road, within one half mile of the incorporated limits of the town of Crab Orchard, so long as she shall continue to reside at her present place of residence, without taking out a license therefor, and without being subject to the pains and penalties prescribed by law for keeping a tavern within one half mile of the limits of any incorporated town, within this Commonwealth: Provided, however, That she shall not be permitted to retail any spirituous liquors in said House, without first taking out a license to keep a tavern. Approved February 10, 1845. Valuation of teams, &c. us ed on roads how made. CHAPTER 285. AN ACT to amend the law in relation to keeping Public Roads in repair, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of an act, entitled, an act to amend the law in relation to keeping the public roads in repair, approved January 14, 1831, as requires teams and ploughs worked on roads to be valued by two disinterested house-keepers, on oath, and requires County Courts to make allowance therefor, be, and the same is, hereby, repealed, so far as relates to the county of Clarke; and, hereafter, it shall be the duty of the Surveyors of the public roads, in said county, to give a certificate of the claims of individuals who may have furnished ploughs, teams, or materials, on their respective roads, and shall affix a fair valuation therefor, and make oath to the same; and the County Court of said county, when any such claim shall be presented to them, may, if they deem it necessary, hear the testimony as to the justice thereof, and may, in their discretion, alter and affix such a valuation thereon as justice may require, and allow the same. WHEREAS, The changes incident to an annual election of the entire Board of Trustees in the Louisville College, are unfavorable to a steady administration of the affairs of the College, and especially to an efficient exercise of the Collegiate and University attributes contemplated in its charter: therefore, 1845 Preamble. Trustees of lected. SEC. 2. Be it further enacted, That, from and after the passage of this act, it shall be the duty of the Mayor and Louisville ColCouncil of the city of Louisville, at some stated time in each lege: how eyear, to revise the organization of the Board of Trustees of the College, and if, in their judgment, the interests of the College require it, they may, at any annual revision, remove three members of the board, and only three; and shall fill the vacancies, thus made, as well as any which may occur, by death, resignation, or otherwise, during the year, by the mode of election hitherto prescribed, so that the Board shall always consist, as at present, of nine members, whose term of office shall not be disturbed, except at the times, and under the limitations herein prescribed: Provided, That nothing in this act shall be so construed as to prevent the Mayor and Council from dismissing, at any time, any Trustee, on account of unfaithfulness or misconduct, charged and proved upon him. SEC. 3. Be it further enacted, That so much of the act to which this is an amendment, as may be inconsistent with the provisions of this act, is hereby repealed. Approved February 10, 1845. CHAPTER 287. AN ACT to run and re-mark the line between the counties of Montgomery and Morgan. Com'rs to be appointed. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Courts of Montgomery and Morgan counties shall, at their April term, appoint one Commissioner, each, to superintend the running and re-marking the line between the said two counties; and that said Commissioners shall, as soon thereafter as practicable, proceed to employ a competent Surveyor, and two chain car- ers to be emriers, and make said survey; beginning wherever, and at what ployed. Chain carri 1845. To make report to County Courts. Pay to Commissioners. points, they, the said Commissioners, may agree upon; the said Commissioners, Surveyor, and chain carriers, shall then make oath, before some Justice of the Peace, that they will truly, faithfully, and to the best of their skill and knowledge, in their respective capacities, run and mark the dividing line between the said counties of Montgomery and Morgan, pursuant to the statutes establishing the boundary of said counties; two certificates of which oath shall be made out, by the Justice before whom the oath shall have been made, one of which shall be returned, by him, to the County Court of Montgomery, and the other to the County Court of Morgan; which certificates shall be, by said Courts, noted upon their order books, and filed in the archives of said counties. SEC. 2. That said Commissioners shall make a report thereof to the County Court of said counties; in which report they shall clearly set forth the courses and distances, with the natural and artificial objects upon said line, and how the same are marked. SEC. 3. That, hereafter, the dividing line of said counties shall be established as surveyed and marked by said Commissioners; who, together with the Surveyor, shall be each allowed two dollars per day, and the chain carriers seventy five cents, each, per day, during the time they may be engaged in running said line-to be paid by the counties aforesaid in equal portions. SEC. 4. That in the event of either of said Commissioners If Com'rs failing or refusing to act, it shall be the duty of said Court, or fail to act oth- Courts, where such failure or failures take place, to appoint ers to be ap- others in their stead, who shall, in all things touching his or pointed. their acts and duty, be governed by the provisions of this act. Approved February 10, 1845. CHAPTER 290. AN ACT to amend the revenue laws. SEC. 1. Be it enacted by the General Assembly of the ComAm't each monwealth of Kentucky, That, hereafter, it shall be the duty person is worth of the several Commissioners of Tax in this Commonwealth, above $100, when taking in lists of taxable property-after having taken other than property to be spe- the lists of all property required to be specifically listed—to recifically listed, quire each person, on oath, to fix the amount he or she is to be given in worth from all other sources, on the day to which said lists on oath. relate, (exclusive of property in lands or slaves, or other property not within this Commonwealth, and which is subject to taxation by the laws of the country where situated,) and the Commissioners, aforesaid, shall take from the said amount, so assessed and listed, the sum of one hundred dollars, and set down and list the balance for taxation, upon which the same ad valorum tax shall be paid as on other property subject to taxation by the existing laws: Provided, That the growing |