USA > Kentucky > Lewis County > History of Lewis County, Kentucky > Part 9
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SEC. 23 .- That the Lewis County Court is hereby authorized and directed to issue the bonds of said county, payable at not a longer date than twenty years, to bear interest not exceeding six per cent per annum, which bonds may be in such amounts, and principal and in-
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terest payable at such place or places, as the said County Court may direct-the interest to be paid annually. Said bonds may be sold by order of said County Court, and the money paid to the president and directors of said turn- pike road company, or said court may order said bonds to be issued and delivered to said president and directors: and if so delivered, said County of Lewis shall thereupon become a stockholder to the amount of money called for in the bonds issued and delivered to the presi- dent and directors of said company.
Said County Court is also authorized to issue the bonds of the county, and loan them to said turnpike road company, in amount suf- ficient to enable said company to build fifteen miles of the main road the first year after the same is commenced; said bonds to draw six per cent per annum, the interest to be paid annually; said bonds may be issued to fall due not more than fifteen years hence. For the bonds loaned to said company the county shall have a lien upon said road, and its toll and revenues, until the county is reimbursed.
SEC. 24 .- To meet the annual interest on said bonds, to pay all expense incident to the issual thereof, and the payment of principal and interest, and all expenses incident to the conducting a sinking fund, and to provide a
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sinking fund fully sufficient to pay and liquidate the principal when due, it shall be the duty of the County Court of Lewis annually to levy an ad valorem tax on the property subject to pay State revenue assessed for taxes in Lewis County, which, when added to the poll tax, shall be sufficient to defray the necessary county expenses, and the expenses before named, and put with the principal of the sinking fund a sum annually, sufficiently large, so that it will be ample to redeem and pay off all the bonds issued by said County Court for turnpike road purposes, and bridges, when said bonds shall become due. Said County Court shall appoint three discreet persons sinking fund commis- sioners, and they and their successors are con- stituted a body, politic and corporate, by the name of the Lewis County Sinking Fund Com- missioners; and as such and by that name may contract and be contracted with, sue and be sued; but before the funds of the county raised for the sinking fund purposes shall be put into their hands, they shall execute bond to the Commonwealth of Kentucky, with good surety, to be approved by said County Court, in double the amount of funds which may go into their hands, or be under their control for the ensuing year; and it shall be the duty of said court to renew said bond annually; said County Court
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may issue said bonds, payable not beyond the time named in this Act, but conditioned that said bonds may be redeemed and paid off sooner if said County Court so elects.
SEC. 25 .- Said county bonds shall be or- dered to be issued by said County Court at a regular term, and shall be signed by the pre- siding judge of the County Court, and attested by the County Court clerk; and if semi-annual coupons be desired by said court for interest, they shall be signed by the County Court clerk.
SEC. 26 .- The president and directors of said company shall have power, and are hereby authorized, to open books for the subscription of stock at any place they may judge best for the interest of said company; and should com- missioners all refuse to act, or die, or remove, the County Court of Lewis County is hereby authorized and required to appoint other com- missioners to open books for the subscription of stock in said company; and commissioners thus appointed shall possess all the powers of those named in this Act.
SEC. 27 .- This Act shall take effect from and after its passage.
Amended March 9, 1867, as follows:
First .- Authorizes the clerk to issue the bonds on demand of the road company.
Second .- To take effect when ratified by vote of the people.
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The second section of this amendment was repealed by a later Act.
CHAPTER 1879 .- An Act for the benefit of A. E. Cole, late teacher in district No. 11. He made a mistake in his report in regard to the number of his district, and therefore could not draw his salary. The Act authorizes that pay- ment be made to him out of the surplus fund due Lewis County.
CHAPTER 1590 .- Changes the voting place in Elk Fork precinct from McEldowney's school- house to Hamrick's mill.
CHAPTER 1676 .- Changes the line between Tollesboro and Esculapia precincts to the State Road.
CHAPTER 1708 .- Is the Act authorizing a tax of fifty cents to the one hundred dollars worth of land on each side of the turnpike roads in Lewis County.
CHAPTER 1746 changes the time of holding the Court of Claims from the third Monday in October to the third Monday in April.
CHAPTER 1903 authorizes the trustees of the Union Meeting House, on Cabin Creek, in Lewis County, to sell said land and appurte- nances and distribute the proceeds among the Christian Church, the Baptist Church, and the New School Presbyterian Church.
CHAPTER 2035 incorporates the Salt Lick,
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Esculapia, and Mt. Carmel Turnpike Road Company. Samuel B. Pugh, Wm. F. Jones, David Arthurs, Jr., Howard Shepard, W. F. Redden, John P. McAndrew, and Thomas D. Parker were the incorporators.
CHAPTER 2028 is an Act for the benefit of J. B. Fitch, late sheriff, giving him two years time to collect his fee bills.
CHAPTER 1751 is an Act for the benefit of the city council of Vanceburg, validating a contract made by them with the Grade Com- pany, of Vanceburg, and also providing for the election of a mayor for said city.
ACTS OF 1868: CHAPTER 774 changes the Tollesboro and Esculapia precinct line so as to include John M. Spence, Jr., in the Tollesboro precinct.
CHAPTER 1195 changes the line between Carter and Lewis Counties so as to include the residences of William Kinder, Marion Mc- Clung, Alexander Pendland, Wm. Rayborn, Henry Rayborn, George Pendland, Wm. H. Logan, Tobias Logan, O. H. Holland, and James A. Patrick in the County of Lewis.
CHAPTER 1178 enables the qualified voters in Vanceburg Common School District to elect trustees.
CHAPTER 929 is an Act in favor of Samuel Ellis, late sheriff of Lewis County, giving him
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till the first day of June, 1868, to finish paying the revenue due from him to the State.
CHAPTER 1855 is an amendment to two Acts in regard to Vanceburg. It changes the time of holding elections to the first Saturday in January in each year, and requires all incumbent officers to hold over till January, 1870. It also gives the city council authority to fill vacancies by appointment.
ACTS OF 1869: CHAPTER 1884 incorporates the Cabin Creek, Springdale, and Maysville Turnpike Road Company.
This charter allowed the company to build a road from Bull Creek up the Ohio to Cabin Creek, up Cabin Creek to the forks; thence up the South Fork to Indian Run, in Lewis County, so as to intersect the Concord and Tollesboro Road, with the right and privilege to construct and keep up a branch from the forks of Cabin Creek by the most practical route to the Ohio River, opposite Manchester, and from thence up the Ohio River to Concord.
The capital stock was to be $75,000, and the incorporators were W. J. Tully, Jackson Sweet, Thos. M. Fry. Headly Harrison, Samuel West, J. D. Tully, Jno. McNutt, P. B. Vauden, Robt. A. Cochran, Henry C. Barkley, Robt. Means, Robt. Lovel, David W. Fearis, Thomas Wilson, Pres. Moore, and John Purcell.
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Every road named in this charter has been built except the one to Concord, and it is now building. The company has also extended its charter and roads with a branch from East Fork to Main Cabin Creek, and from D. W. Fearis' house, on East Fork, to the head of said creek and to intersect the C. & T. Road, near Salem Church. There is also an extension up Indian Run to the V. S. L. T. & M., at the head of Salt Lick, near Herrin's blacksmith shop.
CHAPTER 2067 .- Be it enacted that Samuel Ellis, sheriff of Lewis County, shall have until the April County Court, in 1869, to make out and return his delinquent list.
CHAPTER 1254 defines the limit in which taxes shall be collected for the benefit of the Vance- burg, Salt Lick, Tollesboro, and Maysville Turnpike Road. As the taxes on the road have ceased, we deem it useless to copy the long Act.
CHAPTER 1394 is an Act in favor of J. B. Fitch, giving more time to collect his fee bills, etc., and allowing him to list with other officers.
CHAPTER 1482 is an Act to reduce into one all Acts in regard to the town of Concord. The boundary is to remain the same as in the original town plat. All the concerns of the town are vested in five trustees, who are to be elected annually by the voters who have paid their taxes. A police judge and marshal is also
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to be elected and hold office one year. The returns of said election are sent to the County Court, which shall certify the same to the governor, who is to issue commission to the police judge. The said judge must take oath of office, and has the same jurisdiction as a justice of the peace, but only in the limits of the town. He has the power of commitment to the county jail. He shall hold his court on the first Satur- day of every month, and continue till the causes are all disposed of. The right of appeal from his court is granted to all parties in the same manner as from the justice's courts. The chair- man of the board of trustees is to preside when the police judge is absent, for any reason, from his court. If a vacancy occurs in his office, the trustees are to recommend some suit- able person to the governor for his commission for the unexpired term. The police judge must execute bond, with security, to the town trustees for the payment of all money coming to his hands and belonging to the town. The marshal must serve all processes, warrants, etc., collect fines and taxes, and has the general powers of a constable. He is also inspector of streets and alleys, but the trustees may appoint a com- missioner instead of him.
All taxes were made due from the marshal on the first of August, and he is to make settle-
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ment with the trustees at the regular meeting in that month.
The trustees have a right to appoint a clerk, who shall keep a record of the meeting and all ordinances passed by the board. They are also required to appoint an assessor, with duties usual thereto.
The trustees have the power to levy a poll and ad valorem tax, to tax shows, charge wharfage, license hacks, etc. They shall have a lien on property for taxes, and the marshal shall advertise and sell the same.
The trustees have power to charge venders of spirits fifty dollars as a license fee, and the County Court is prohibited from granting license to sell liquors in said town without the consent of the board of trustees. . The trustees may do all other things in the town of Concord that any well-regulated town is authorized and required to do, but which are too numerous to be here repeated.
CHAPTER 1500 incorporates the Vanceburg, Dry Run, and Kinniconnick Turnpike Road Company, with the following persons as com- missioners to open books for subscription of stock: Thos. W. Mitchell, Thos. B. Harrison, F. H. Rice, and Wm. Pell, at Vanceburg; and Jacob W. Rand, Samuel Bate, and Thos. Bate at the house of J. W. Rand.
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The general provisions of other turnpike legislation was made applicable to this road, and it is another of the finished roads in the county, and extends, under this Act, from Vanceburg to Thos. B. Harrison's place on Kinny.
CHAPTER 1503 incorporates the Vanceburg, Quincy, and Springville Turnpike Road Com- pany. The commissioners appointed were Thos. W. Mitchell, James McDermott, J. R. Garland, of Vanceburg; Samuel Kibby, B. F. Branham, N. G. Morse, of Quincy; and Samuel Yeager, Champ. Osborn, and Dr. Fulton, at Springville.
This road was built about three miles from Vanceburg, and then failed.
CHAPTER 1502 is an amendment to the charter of the Concord and Tollesboro Road, but as that road has been taxed to death, it is useless to go into details in regard to this Act. Said road is now a "free county road."
CHAPTER 1657 diverts the taxes raised under an Act to finish public buildings to aid for building turnpikes in Lewis County. It also authorizes a poll tax of three dollars on all citizens over twenty-one years of age, which, after paying ordinary county expenses, is to be in aid of the roads. And in order to avoid a separate Act for each road, it was enacted herein that each mile of turnpike road building
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in Lewis County shall have one thousand dollars in bonds of the county in aid of its construction.
CHAPTER 1662 is an Act to protect birds and game in Lewis County. It is unlawful under this Act to pursue, kill, or hunt, or in any manner injure any birds commonly known as the blue- bird, swallow, martin, robin, wren, or any other bird whatsoever, at any season of the year, or at any time, or under any circum- stances, without the consent of the owner of the lands. The Act also makes it unlawful to hunt for other game mentioned on the premises of another without his consent, and makes it a fineable offense to offer such game, so taken from the premises of another.
CHAPTER 1725 incorporates the Cabin Creek Road Company, which was to build a road from the C. & T. Road, down Cabin Creek to the Mason County line. Under this charter the road was built. The commissioners were Asa McNeil, D. M. Dunbar, Thomas Hender- son, Geo. W. Rowland, John H. Reganstine, Alex. McKensie, A. J. Hendrickson, John D. Tully, and Wm. Fenwick.
CHAPTER 1726 is an Act to amend the charter of the Mason and Lewis Turnpike Road Com- pany. It authorizes the company to extend their road from Burtonville to Kinniconnick Creek, in Lewis County, and to connect with
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roads in Fleming County, if expedient. It authorizes more taxes, but the road has never reached Kinny yet. (A. D. 1896.)
ACTS OF 1870: CHAPTER 882 amends the law in regard to stockholders paying taxes of the V. S. L. T. & M. Road. It requires stock- holders of said road living between Cabin Creek and the Mason County line to pay taxes just the same as non-shareholders.
CHAPTER 986 repeals an Act allowing voters of school district No. 46 to vote on a proposition to levy a tax.
CHAPTER 755 authorizes the Vanceburg, Salt Lick, Tollesboro, and Maysville Turnpike Road Company to borrow money, issue bonds, etc., in order to complete the road to the Mason County line. The act also requires the county judge to issue a bond of one thousand dollars as fast as each mile was completed. It also authorized the company to establish a tollgate within one mile of the court-house in Vance- burg.
CHAPTER 759 incorporates the Fleming and Lewis County Turnpike Road Company.
Said turnpike road has not been built.
Cabin Creek, Sand Hill, and Manchester Road. John Sullivan, Robert Hoop, Geo. W. List, James Nash, David Craig, Andrew Wilson, Geo. M. Tolle, Thos. Biggar, Ellis Tucker,
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John T. Hendrickson, and David W. Fearis, incorporators.
This road has been built, and several branches, as stated in another place in this volume.
CHAPTER 723 incorporates the Vanceburg Male and Female Academy. The trustees ap- pointed by the act are G. M. Thomas, W. C. Halbert, Thos. D. Parker, Thos. W. Mitchell, Geo. Little, Henry C. Bruce, James R. Gar- land, Andrew Smalley, Thos. B. Harrison, John Armstrong, and John C. Ingrim. They were authorized to levy a tax. The trustees had the right to appoint a faculty and were to keep a number of professors in the several chairs.
This was the beginning of the public school building which now is the sole property of the Vanceburg Common School District. There are other Acts, hereinafter produced, which brought about the effect.
CHAPTER 749 amends the charter of the Cabin Creek Road Company, and allows them to levy a tax of fifty cents on each one hundred dollars worth of property within one-half mile on each side of said road. Provided, the tax- payers should assent.
CHAPTER 350 authorizes the Lewis and Mason Road Company to charge the same
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tolls as charged by the Maysville, Orangeburg, and Mt. Carmel Turnpike Road Company.
CHAPTER 580 extends the Concord and Tollesboro Road to Mt. Carmel, and changes the title accordingly.
CHAPTER 685 charters the Cabin Creek, Sand Hill, and Manchester Turnpike Road Company, with a capital stock of $30,000. The following commissioners were appointed to open books: Headly Harrison, D. M. Dunbar, Thos. M. Fry, Pascal Vawter, T. H. West, Thos. J. Himes, Jacob P. Mower.
ACTS OF 1871: CHAPTER 1302 is an Act authorizing William L. Fitch to be granted license to practice law before he had attained to the legal age.
CHAPTER 1303 is an Act authorizing a tax for a bridge fund in Lewis County, not more than ten nor less than five cents to be laid on the one hundred dollars.
CHAPTER 1294 is an amendment to the Concord and Tollesboro Road. Authorizes the county judge, under certain conditions, to issue bond, to each mile, of one thousand dollars.
CHAPTER 1403 is an amendment to the Act incorporating the Vanceburg Male and Female Academy. It releases personal property from taxation, and changes the schoolhouse to a house for the common school of the district.
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The house must not cost over four thousand dollars. The tax on real estate and the poll tax was extended to the whole school district outside of the city as well as in it.
CHAPTER 1519 requires all the turnpike road companies to make settlement with the County Court, showing an itemized account of all re- ceipts and expenditures, annually. The first settlement must show all receipts and expendi- tures from the commencement of their work on the road. The county clerk is required to keep a record of the same. This act was approved March 13, 1871.
CHAPTER 1571 amends the Concord and Tollesboro Road charter by allowing the com- pany to issue bonds of the road and sell the same at par, to aid in the construction of the road. The taxes and tolls, after paying for repairs, were to be applied in payment of said bonds. This Act also requires the company to settle with the County Court. These bonds were issued, and finally got the people and the purchasers into trobule.
CHAPTER 1596 amends the charter of the Cabin Creek, Sand Hill, & Manchester Road Company. Allows them to issue bonds, borrow money to the extent of six thousand dollars, and pledge the bonds in payment with ten per cent interest attached in coupons, secured by
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mortgage on the road, its taxes, and tolls till the same is paid.
CHAPTER 1636 incorporates the Quick's Run and Sout's Landing Turnpike Road Company, and appoints F. M. Carr and James Stout as commissioners to receive subscriptions to the stock, the capital being authorized at $50,000.
CHAPTER 1638 incorporates the town of Tollesboro in the following language: "That the town of Tollesboro, of Lewis County, be, and the same is hereby, established and in- corporated under the name of the "Town of Tollesboro," with the following boundaries, to wit: The eastern boundary to run with the farthest limits of T. J. Barkley's farm; the western boundary with the farthest limits of Lewis Middleton's farm; and the northern and southern boundaries running parallel with the Vanceburg and Tollesboro Turnpike, extending one quarter of a mile on each side of the pike."
SEC. 2 .- That W. N. Wallingford, Geo. W. Jordon, and W. B. Perkins are hereby appointed trustees of said town, to hold their offices until trustees are elected or appointed and qualified as their successors, under the general law regu- lating towns established by County Courts.
SEC. 3 .- That all power conferred by law on trustees of towns established as aforesaid are hereby conferred on the said trustees and
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their successors; and, in addition thereto, they shall have exclusive, and full, and complete power to regulate or prohibit the sale of spir- ituous, vinous, or malt liquors by tavern keepers, coffee house keepers, merchants, or others, within said town.
SEC. 4 .- This Act shall not relieve the Vanceburg and Tollesboro Turnpike Road Com- pany from the duty of keeping up their road through said town, nor prevent the said com- pany from charging toll as heretofore.
SEC. 5 .- This Act shall take effect from its passage.
ACTS OF 1872: CHAPTER 46 is an act ap- propriating part of the public school money of district No. 8, in Vanceburg, to a school taught under the patronage of W. C. Halbert, and the rest to a school taught in the Methodist Church, under the direction of the trustees of said district.
This Act was repealed by the same session in Chapter 489. As Mr. Halbert had received part of said money before the Act was repealed, suit was brought by Jos. A. Sparks, commissioner of common schools, for the recovery of said money. The suit was decided in favor of the commissioner.
CHAPTER 208 is an amendment to the charter of V. S. L. T. & M. Road, and limits the land
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subject to taxation from Bertram's farm, on Salt Lick, to Esculapia.
CHAPTER 293 incorporates the Cabin Creek Turnpike Road Company, and appoints J. E. Hall, Geo. W. Rowland, John D. Tully, and Robert Gillespie as commissioners to open books and receive subscriptions.
This is the charter under which the road was built.
CHAPTER 772 appropriates $140.25 to the keeping of two lunatics in the Lewis County jail, and authorizes the payment of the same to Lewis Plummer, jailer of Lewis County.
CHAPTER 825 amends the charter of Cabin Creek, Sand Hill, and Manchester Road. It allows the company to issue bonds and borrow money in the sum of $12,000.
CHAPTER 968 amends the charter of the town of Quincy. This Act extends the limits of the town to Kinny Creek, and prohibits the sale of liquor in said town.
CHAPTER 969 regulates the payment of turn- pike taxes so as to be paid to the treasurers of said roads in Lewis County, and if not paid before November must be listed with the sheriff of the county.
CHAPTER 981 directs the auditor to draw his warrant on the treasurer for the sum of fifty dollars, in favor of John P. McAndrews,
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for conveying Lewis Kirk, a lunatic, to the asylum, at Lexington, Ky.
ACTS OF 1873: CHAPTER 150 releases the sheriff of Lewis County from collecting taxes for the Lewis and Mason Turnpike Road Com- pany, and authorizes the company to appoint a collector.
CHAPTER 169 authorizes the Vanceburg Male and Female Academy to sell part or all of the land purchased by them, and to buy five acres more land, if all is sold, and to use the proceeds in the erection of building; and also to use $634.95 of money proceeds of former seminary land belonging to Lewis County, which was in the hands of W. C. Halbert. The land and building not to cost more than $10,000.
CHAPTER 198 reduces the county levy from three dollars to two dollars per tithe, and re- quires the sheriff to return his delinquent list of 1871 and 1872 to the county clerk, who shall record the same and list them with officers for collection.
CHAPTER 199 authorizes the Lewis County Court of Claims to levy an ad valorem tax of ten cents on the one hundred dollars worth of property for the purpose of repairing or building a new jail, and purchasing a lot for the site thereof. The court was also directed to use the money due the county from Samuel Ellis,
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late sheriff, in furtherance of this object. The act allows bonds to be issued and the tax thus anticipated, but pledges it in payment of the bonds if so issued.
CHAPTER 215 issues the bonds of Lewis County for one thousand dollars to build a bridge across Salt Lick Creek, at Bertram's farm, on the Salt Lick, Esculapia, and Mt. Carmel Road.
CHAPTER 289 legalizes the Acts of a special term of the Lewis County Court, held June 28, 1872.
CHAPTER 291 legalizes an order made by W. S. Parker, acting as special judge of Lewis County, in favor of J. R. Garland, and author- izes the sheriff, who has paid said order, to be allowed the same in his settlement.
CHAPTER 313 authorizes the County Court to make an allowance to the Circuit Court clerk for cross indexing the suits in the Circuit Court. The Act states that hereafter the claim shall be allowed annually.
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