filled.

tificates of their election, and to forward to the Secretary of State a certificate of the election of said police judge. § 6. In case a vacancy shall occur in the office of police Vacancy - How judge, marshal, or city attorney, the county judge of Hardin county shall appoint a suitable person to fill said vacancy; and in case of the appointment of a police judge, the fact shall be certified to the Governor, who shall commission the person so appointed, who shall hold his office till a successor is elected and qualified.

§ 7. All the by-laws heretofore enacted by the board of trustees of Elizabethtown are hereby declared in full force; and so much of section eighteen of the act to which this is an amendment as reads as follows, viz: "unless such person shall, before the trial is commenced, demand such proof," is hereby repealed.

judge.

§ 8. The salary of said police judge shall be one hun- Salary of the dred dollars per annum, payable quarterly at the expiration of each quarter, and shall be paid by the county judge of Hardin county out of any funds which may come to his hands as town tax for coffee-house license, pursuant to an act, approved April 6th, 1878, entitled "An act to authorize the county judge of Hardin county to issue coffee-house licenses in the town of Elizabethtown;" and the salary of said police judge shall have preference and priority over any other appropriation of said fund.

city attorney.

§ 9. The compensation of said city attorney shall be Compensation of one half of all fines and forfeitures collected in said court, in cases wherein he is present and prosecutes.

§ 10. Any money which shall come to the hands of said county judge from said police court may by him be used in paying to the jailer of Hardin county any fees which said town may hereafter owe him.

§ 11. It shall be the duty of the said county clerk to give notice of the first of said elections by written or printed notices, one of which shall be posted at the courthouse door in said town, and at least three others at public places in said town; and he shall receive for his compensation, for each election, the sum of five dollars,

to be paid him by the county judge out of any funds in his hands belonging to said town.

§ 12. That the marshal shall, in addition to the fees Marshal's salary. now prescribed by law, receive a salary of one hundred dollars per annum, payable in the same manner, at the same time, and out of the same fund, as herein provided for the pay of the salary of the police judge.

be collected.

§ 13. If any fine be imposed in the police court of said How fines may town, and the same be not immediately paid or replevied, the police judge, in his discretion, direct and adjudge that the delinquent be required to do any work for the benefit of said town, or to work on any of the streets of said town, or on any road leading into said town; and shall fix the time of said labor at one day for each dollar of the fine imposed, and one day for each day of impris onment assessed against said person by the adjudication of said court; and said shall perform such service under the custody and supervision of the marshal or overseer of the street or road; but females shall not be required so to work. Said police court, in addition to the jurisdiction now conferred by law, shall have jurisdiction of all offenses committed against the by-laws of said town, anywhere within the boundary of said town, as defined by the act to which is an amendment.

14. All acts inconsistent here with are hereby repealed. This act to take effect and be in force from and after its passage.

Approved April 29, 1880.

Corporators.

CHAPTER 1309.

AN ACT to incorporate the Cumberland and Green River Railway Com

pany.

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

§ 1. That W. F. Owsly, M. O. Allen, J. H. C. Sandidge, J. S. Bruton, John G. Craddock, George F. Baker, R. M. Alexander, of Cumberland county, Kentucky, and Jno. A. Brents and G. W. Hurt, of Clinton county, Kentucky,

ration.

and their associates, successors, and assigns, be, and they hereby are, constituted a body-corporate and politic, by the name, style, and title of "The Cumberland and Green Name of corpoRiver Railway Company;" may have perpetual succession; and by that name and style are hereby made as capable in law as natural persons to contract and be contracted with, sue and be sued, to plead and be impleaded, in this Commonwealth, in all courts of law or equity; to have a common seal; to possess all the powers and authority incident to corporations for the purposes hereinafter mentioned.

corporation.

§ 2. The company is hereby authorized to construct, Powers of the maintain, equip, and operate a single or double track, broad or narrow-gauge railway, with all necessary appurtenances for its successful operation, from some point on the Louisville and Nashville Railway, not further north than Munfordville, or further south than Bowling Green, or at Glasgow, to some point in or near the coal field in Clinton county, Kentucky, as may be determined on by the corporators: Provided, Said road is located so as to run through the town of Burksville, in Cumberland county, or within three miles of said town; and the said corporation may have the right to build branches to said railway, to build and operate telegraph lines, and lay pipe lines for the removal of petroleum, oil, and salt

water.

3. The corporators, or a majority of them, or in case of the death or removal of any, or upon the refusal of any to act, a majority of those living, not removed, and willing to act, may at any time, and at such place as they may deem proper, open books to the subscription of the capital stock of the Cumberland and Green River Railway Company.

§ 4. The capital stock of said company shall be one Capital stock. million dollars, in shares of one hundred dollars each; but the company may at any time increase their capital stock to a greater sum, not exceeding three million dollars; and it is further understood, the company may receive land, labor, contracts to build parts of said railway, and material for its building, as capital stock; and the

mence business.

shares of capital stock shall be deemed personal property, and may be transferred upon the books of the company.

§ 5. As soon as one thousand shares, as aforesaid, shall When may com- have been subscribed, the stockholders, or their authorized proxies, may hold a meeting, at such time and place they may deem proper, and proceed to elect a president and six directors, whose duty it shall be to manage and conduct the business and affairs of the company. Each share of stock shall be entitled to one vote. No one shall be president or director who is not a stockholder. Elections shall be held annually on the first Monday in September, or if, for any cause, not held at that time, at any time thereafter, which may be designated by a notice published ten days previous in one newspaper within this State, and by posting three printed notices in central and conspicuous places in each of the counties through which the road passes, said notices to be issued and signed by the president. Each president and board will continue in office until their successors are elected and enter upon the duties of their offices. Vacancies occurring between elections can be filled by appointment by the president until an election is held.

§ 6. The president and directors may fix the salaries of all officers and employes, except their own, which shall be determined by a majority of the stockholders. Bond may be required of any officer or employe, with surety, to faithfully and competently fulfill the duties of his office; and the company may recover, in any court of competent jurisdiction, for a breach of conditions of said bond; may inaugurate such by-laws for the regulation of their business as they may deem proper, from time to time, not conflicting with the laws of the United States or of this State.

§ 7. Any stockholder will, upon demand to the secretary of the company, be entitled to any information as to condition of the company's affairs; and it will be the secretary's duty to exhibit to a stockholder the company books if desired.

ors.

§ 8. The president and directors of said company are Powers of directhereby invested with all the powers, rights, authorities, privileges, and franchises necessary to make surveys for, and to construct and operate a railway, and the right to purchase or receive by gift the right of way for such railway and line of telegraph, land upon which to build switches, side-tracks, and engine-houses, shops, houses,' depots, side tracks, branches, offices, and other conveniences necessary to the successful operating of the same.

§ 9. The president and directors are authorized and empowered to make connections with other railways, and make any contract or arrangement with other railways or steam-boats for the transportation of freight and passengers they may deem proper to facilitate travel and the movement of freight; may consolidate with any other railway; may lease the said railway, or sell the said railway with all appurtenances, by and with the consent of the owners of two thirds of the stock of said company. But no consolidation, lease, or arrangement shall prejudice the rights of the holders of any of the mortgage bonds issued by the said company.

sell bonds.

§ 10. The president and directors, with the consent of May issue and the owners of two thirds of the stock of said company, may issue and sell bonds of said company, with or without coupons, bearing interest, in denominations of not less than one hundred dollars, to be signed by the president, countersigned by the secretary, with the seal of the corporation affixed, and payable as they may deem proper; but said bonds shall not exceed in amount twelve thousand dollars per mile of said railway; and may execute a mortgage on said railway, rolling-stock, houses, depots, shops, telegraph, rights of way and appurtenances, to secure the payment of said bonds.

§ 11. The president and directors of said company shall have the same rights and privileges of prosecution, and shall be entitled to collect damages and enforce penalties; and any person or persons shall be liable to forfeitures and penalties for injury done upon the property of said company or otherwise, to the prejudice of said company,