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CHAP. XII.

An act for marking and opening a road over the Cumberland mountains into the county of Kentuckey.

WHEREAS great numbers of people are settling Preamble, upon the waters of the Ohio river, to the westward of the Cumberland mountains, in the county of Kentuckey, and great advantages will redound to the commonwealth from a free and easy communication and intercourse between the inhabitants in the eastern and western parts thereof, enabling them to afford mutuál aid and support to each other, and cementing in one common interest all the citizens of the state, to which a good waggon road through the great mountains into the settlements in the said county will greatly contribute; but such road necessarily passing, for a considerable distance through a tract of rough and uninhabitable country, can neither be made in the usual way by the adjacent inhabitants, nor can the practicability or charge be properly judged of, until the country hath been explored and such road traced out: Be it enacted by the General Assembly, That Evan CommissionShelby and Richard Callaway, be appointed for that ers appointpurpose, and they are hereby empowered and autho- ed for markrized to explore the country adjacent to, and on both ing and osides the Cumberland mountains, and to trace out, and pening a road over mark the most convenient road from the settlements the Cumber on the east side of the said mountains, over the land mouninto the open country, in the said county of Kentuc- tains to Kenkey; and to cause such road, with all convenient despatch, to be opened and cleared in such manner as to give passage to travellers with pack-horses, for the present; and report their proceedings therein to the next session of assembly, together with a computation of the distance, and the best estimate they can make of the practicability and charge of completing the same and making it a good waggon road; and the said Evan Shelby and Richard Callaway, shall lay before the auditors of publick accounts a fair account, on oath, of the disbursements made, and charges incurred in the execution of this act; which the said auditors are

same,

tucky.

Guard, for protection against Indians, how procured.

hereby required to adjust and settle, and give a warrant on the treasury for such sum as shall to them appear justly due thereon; except the wages and pay of the labourers and militia guard, each of whom on the certificate of the said Evan Shelby or Richard Callaway that he hath been employed during the whole time of that service, shall be entitled to a grant of three hundred acres of any waste or unappropriated lands within this state, for which no purchase money shall be demanded on behalf of the commonwealth, or one hundred and twenty pounds at the option of the claimant; and in the same proportion for the like certificate of service during a lesser time, and except the compensation to the said Evan Shelby and Richard Callaway, for their own trouble, which is hereby reserved to the judgment of the general assembly.

And whereas the persons employed in making and clearing the said road may be exposed to danger from the Indians, the said Evan Shelby and Richard Callaway, are hereby empowered, from time to time, to apply to the commanding officer of the most convenient county or counties, for such militia guard, not exceeding (with the labourers employed) fifty men, as they shall think necessary for protection; which guard, such commanding officer is empowered and required to furnish accordingly. In case of the death, disability, or refusal to act of either of the commissioners, the court of the county in which he resided, shall nominate a proper person to fill up the vacancy, which nomination shall give the person named, the same powers, and entitle him to the like compensation as if he had been hereby particularly appointed.

CHAP. XIII.

p. 109.]

An act to amend an act entitled An (Chan. Rev. act for regulating ordinaries and restraint of tippling-houses.

I. WHEREAS the number of tippling houses is Preamble. become a publick nuisance, encouraging idleness, drunkenness, and all manner of vice and immorality, and the laws heretofore made have proved insufficient to restrain so growing and dangerous an evil: Be it therefore enacted by the General Assembly, That every Further peperson keeping a tippling house, or retailing liquors, nalty for contrary to the act entitled "An act for regulating or keeping or dinaries and restraint of tippling houses," shall over trary to law. dinary conand above the penalties inflicted by the said act, forfeit and pay the sum of fifty pounds for each and every offence, to be recovered with costs by action of debt or information in any court of record; one half to the informer, and the other half to the commonwealth, or the whole to the commonwealth, where prosecution shall be first instituted on the publick behalf alone; and shall moreover be subject to the proceedings and punishment herein after directed.

Offenders

be commit

ed.

II. Every person having been convicted of keeping a tippling house, or retailing liquors as aforesaid, twice conwho shall afterwards be guilty of the same offence, and victed, may be thereof again convicted, shall by the court before ted. whom such conviction shall be had, be committed to prison, there to remain for, and during the term of six months, without bail or mainprize. The presiding Grand juries justice present shall give this and the before recited to be charg act, in special charge to the grand jury of the county at every grand jury court; and whenever any prosecution or suit shall be instituted thereupon, the court before whom the same shall be depending, shall proceed to speedy trial thereof, out of course and without delay. And every justice of the peace is hereby required and strictly enjoined to cause this and the be- tions to be fore recited act to be put into due execution within his tried speedcounty; and if any justice, either from information, his ily; and may own knowledge, or other just cause, shall suspect any by justices. person of keeping a tippling_house, or retailing li

VOL. X.

T

Prosecu

be ordered

quors as aforesaid, he is hereby empowered and required to summon such person to appear before him, together with such witnesses as he may judge necessary, and upon the person's appearing, or failing to appear, if the justice, upon examining the witnesses on oath shall find sufficient cause, he may, and is hereby required to direct the attorney for the commonwealth in such county to institute a prosecution against such person, on the publick behalf; which such attorney is May be hereby required to institute accordingly. And such

bound to

or commit

ted.

justice may also cause the person so suspected, to give the behavior bond, with two sufficient securities, for his or her good behaviour for the term of one year, the principal in the sum of fifty pounds, and the securities in the sum of twenty five pounds each; and upon failing to give such bond and security within three days after being thereunto required, such person may be committed to the jail of the county, there to remain, until he or she shall give bond and security accordingly; and if such person shall afterwards, during the said term, keep a tippling house, or retail liquors as aforesaid, the same shall be, and is hereby declared a breach of the good behaviour, and of the condition of such bond.

Proviso in favor of

brewers and distillers.

Liquors, &c. may be ra

ted twice a year.

III. Provided always, That nothing in this, or the before recited act contained, shall extend, or be construed to prohibit any person or persons from retailing such liquors as shall actually have been made from the produce of such person's own estate, or brewed or distilled by him, her, or them, or those in his, her, or their employ; so as such liquors be not drank, or intended to be drank at the house or plantation where the same shall be sold; but where any dispute shall arise concerning the making such liquors, the burthen of proof shall be on the defendant.

IV. And whereas by the before recited act, the courts of the respective counties are vested with the power of settling the rates and prices to be paid at ordinaries for liquors, diet, lodging, provender, stablage, fodder, and pasturage, only at their court in the month of March; therefore, Be it farther enacted, That each county court shall have full power to set the rates and prices to be paid at all ordinaries within their respective counties, for liquors, diet, lodging, provender, stablage, fodder, and pasturage, as well in any other month as in the month of March, and may increase

Tables of

or lessen the rates, as often as they shall see cause, but shall not fail to fix the rates at least twice in a year, under penalty of one hundred pounds on every member of such court so failing. And every ordinary-keeper shall, within one month after the rates so rates to be set, obtain of the county court clerk, a fair table of set up in or such rates, which shall be openly set up in the publick dinaries. entertaining room of every ordinary, and there kept until the rates shall be again set by the court, and then a copy thereof shall be again so obtained and kept, from time to time, under penalty of fifty pounds on every ordinary-keeper failing so to do; and if any ordinary-keeper shall demand and take any greater price for any drink, diet, lodging, provender, stablage, fodder, or pasturage, than by such rates shall be al- legal rates. lowed, he or she so offending, shall forfeit and pay one hundred pounds for every such offence; which penalty, as well as the penalty of fifty pounds for failing to set up the table of rates as above directed; and that on the members of a court failing to fix the rates, shall be recoverable by action of debt or information, by any person that shall sue for the same, in any court of record within this commonwealth.

V. And be it farther enacted, That so much of an act entitled "An act for regulating ordinaries, and restraint of tippling-houses," as is contrary to this act, is hereby repealed; and this act shall commence and be in force, from and after the last day of February

next.

Penalty or omistion for exceeding

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