the appeal shall not supersede the work when the amount of the judgment is deposited.

§ 8. If, during the building of the road, or after it shall have been completed, it shall be considered necessary to change or modify the location or grade, or build additional appendages, the same may be done; and if other land is to be acquired, it may be done in the manner herein provided; and when it may be found necessary to build a bridge across a highway or navigable stream, the same shall be of sufficient height to permit, without obstruction, the ordinary travel under them.

9 The said company shall have the power to erect and maintain all needed elevators, sheds, depots, floats, or any apparatus necessary in the prosecution of their said. business; to buy, sell, and mine iron, coal, or other substance; and it may carry on milling and manufacturing; own, hold, and use such property as is required for said purpose; may sell the products of their works under existing laws. It may transport the products of its business by river navigation, and to this end may buy, own, hold, sell, and use such boats, tugs, &c., as may be useful, and may acquire the necessary land for landings as herein set out. §10 The capital stock of said company shall be one Capital stock. hundred and fifty thousand dollars, divided into shares of one hundred dollars each, to be evidenced by proper certificates; but the company may commence business when thirty thousand dollars is subscribed as stock; and it may increase the capital stock to meet the demands of the business, when a majority of the stockholders shall direct by vote cast under proper orders of the board.

and

board of direct

{11. The business of the company shall be managed President by a president and board of directors.

12. The board of directors shall be chosen annually by the stockholders on the first day of January of each year, except when that day shall come on Sunday; then on the day before.

13. The president shall be a holder and owner of not less than five shares of stock, and shall be chosen by the board of directors out of their number.

ors

money and issue bonds.

§ 14. In all elections, at which the stockholders shall vote, the vote shall be according to the number of shares of stock held by the owner of the stock casting the vote; and in all cases a majority of the stock voted shall control. The vote may be cast by proxy, in which case the board shall see that the proxy is properly held.

15. There shall be five directors chosen, and their number, by a vote of the stockholders, may be increased to seven; but this shall be regulated by the by-laws.

§ 16. The board of directors shall have power to appoint, remove, and fix the compensation of all officers, agents, and employes at pleasure, and may require of each officer or agent hond for the faithful discharge of their duties. It shall have power to make such by-laws, rules and regulations for the government of the business of the company, which shall regulate and control all officers in the discharge of their duty, provided such bylaws, &c., shall be in harmony with the Constitution of the State of Kentucky and the United States.

17. After the company shall have begun the work in Right to borrow good faith on the road, it shall have the right to borrow money to the amount of one half of its capital stock, and issue bonds of the company, payable at such times and places as may be agreed upon; and for the security and payment of same, may mortgage any or all of said property of the company, including the franchise herein granted, to the party from whom the money is borrowed, or to any other person. The bonds shall be signed by the president and countersigned by the secretary, with the seal stamped thereon, and the mortgage shall be likewise signed and acknowledged by each of said officers, and may draw any rate of interest not exceeding six per cent. per annum. Said board of directors may contract with its employes, and tenants occupying its real estate, or any portion thereof, that, leaving its service or being discharged therefrom, shall terminate such tenancy of such tenant, and give the company the right to re-enter and possess itself of the premises; and such contract may be enforced by a writ of forcible entry and detainer after ten days' notice to quit.

18. The president and board of directors shall hold their offices for one year, or until their successors are

elected and qualified.

dent and board.

19. Twenty days' notice of each annual election for Election of presi president and board of directors shall be given by publication in the daily or weekly paper of the county in which the office is held; and if there is no paper in said county, then in the nearest paper to the said office.

20 Any three of the incorporators, at any time, may open books for subscription to the stock of the company, and when the requisite amount is taken, may organize as provided under this act.

21. Any railway constructed in pursuance of this act shall be exempt from taxation for a period of ten years from the completion of the road.

When book may

be opened.

com.

Work to
years.

mence in ve

Charges for freight, &c, to

22. The company, in good faith, shall commence work on the road within five years from passage of this act, and shall complete the work within two years thereafter. 23. The charge for freight and passengers shall be regulated by any general law which may be enacted by be regulated by the Legislature; and the right to alter, amend, or repeal this act is reserved. In the absence of any general freight Jaw, the tariff shall not exceed the present tariff of the Cincinnati Southern Railroad.

24. This act shall take effect and be in force from and after its passage.

Approved April 1, 1880.

Legislature.

CHAPTER 715.

AN ACT to revise and reduce into one the charter and various amendmen's of the town of Frenchburg, in Menifee county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That all acts and parts of acts incorporating the town of Frenchburg, in Menifee county, and all acts and parts of acts amendatory thereto, be, and the same are hereby, repealed.

2. That the boundaries of the town of Frenchburg, Towa limits. in Menifee county, as laid off pursuant to an act approved

Trustees.

Officers.

March 18th, 1871, and as extended by an act approved February 2, 1872, be, and the same is hereby, declared to be the extent and limits of Frenchburg, and the inhabitants thereof are hereby created a body-politic and corporate, by the name and style of the town of Frenchburg; and by that name may have perpetual succession, with power to contract and be contracted with, to sue and be sued, plead and be impleaded, defend and be defended, in all courts at law or in equity; may purchase and hold such lands and tenements and personal property as may be necessary for the use of said corporation and may lease, sell, and convey or otherwise dispose of the same.

§3. That the fiscal, prudential, and municipal government of said town shall be vested in the board of trustees, composed of four persons, and a police judge, who shall be ex officio chairman of said board.

§ 4. That said board of trustees, and their successors, shall be a body-politic and corporate, and shall be known. and called the board of trustees of Frenchburg; and by that name shall be capable in law, and, for and in behalf of said town, of contracting and being contracted with, suing and being sued, of pleading and being impleaded, defending and being defended, in all courts and places, and do all other acts, matters, and things which a bodypolitic and corporate having perpetual succession may lawfully do within the limits of the powers herein granted.

§ 5. That the officers of said town shall be as follows: a police judge, an attorney, a clerk, a treasurer, a marshal, an assessor, and such other officers as the board of trustees may, from time to time, direct or appoint.

§ 6 That an election shall be held in said town anAnnud election. nually, on the first Saturday in May, at such place as the board of trustees may designate, and of which ten days' previous notice shall be given by notice posted at three public places in said town by the clerk.

§ 7 That at the annual election there shall be elected, by the qualified voters of said town, four trustees, a police judge, and a marshal; and the person or persons receiv

ing the highest number of votes, for either of said offices, shall be declared elected.

one year.

§8. That the officers elected under the provisions of Hold office this act shall respectively hold their offices for one year, and until their successors are elected and qualified. All other officers, not specifically provided for in this act, may be appointed by the board of trustees, who shall hold their offices during the pleasure of the board of trus

tees.

9. No person shall be eligible to any office in said Qualifications. town who is not a citizen thereof, and who has not, at the time of his election or appointment, resided in said. town at least six months previous to such election or appointment, and who is not at the time a qualified voter under the laws of the State.

oath.

for

$10. That every person elected or appointed to office Shall take an under the provision of this act, before entering upon the duties thereof, shall be sworn by some officer authorized to administer oaths to well and faithfully perform the duties of his office, the taking of which shall be noted on the records by the clerk.

11. That whenever a vacancy shall occur by death, removal, resignation, or otherwise, in any office under the provisions of this act, the board of trustees may fill said vacancy by appointment until the next annual election, and until their successors have been qualified.

12. That the board of trustees shall, before the annual election, appoint suitable persons as officers of election, who shall be governed in their duties, so far as is consistent here with, by the laws of the State.

§ 13. That all elections by the qualified voters of the town shall be held between the hours of nine o'clock in the forenoon and five o'clock in the afternoon.

14. That all male residents of said town over the age of twenty-one years who shall, at the time of offering to vote, have resided in'said town sixty days previous thereto, and are qualified voters of this Commonwealth, shall be entitled to vote at any election held in said town.