blank thus filled up at the head of each page of the pollbook; and if a majority of those voting at said election shall vote in the affirmative, then it shall be the duty of said persons elected and entitled to qualify as trustees, to qualify as such, and issue said bonds: Provided, The trustees can agree with the bond-holders upon the terms of a compromise. Notice of the time and purpose of the election shall be given by said clerk by publication in one paper in said town, and not less than ten handbills posted in as many public places in said town, at least ten days before the day fixed by the clerk for the election. 5. Section six of the act to which this is amendatory is amended so that the trustees shall appoint an assessor of said town whenever there may be a vacancy in the office, who shall discharge the duties of said office as provided in said section within thirty days after his appoint ment. § 6. The trustees shall have the power to issue said bonds not to exceed the amount specified in the question submitted to the people on said poll-book, any other act to the contrary notwithstanding; and the validity of said bonds shall not be impaired by irregularities in holding or conducting said election. § 7. All elections under this act shall be held at the court-house in Elizabethtown, and all legal voters residing within the boundary of Elizabethtown, as established by the charter of 1868, shall have the right to vote at all elections held under this act. § 8. All acts or parts of acts inconsistent with this act are hereby repealed. § 9. All of the act to which this is amendatory, that is not inconsistent with this act, is hereby re-enacted. 10. This act shall take effect from its passage. LOC. L., VOL. II-58 Approved May 1, 1880. Capital stock. erect toll gates. CHAPTER 1355. AN ACT to incorporate the Mt. Sterling, Hinkston, and Bath Turnpike Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the persons who have subscribed or may subscribe stock for the purpose of constructing a turnpike road, beginning at a point on the line of the city limits. of the city of Mount Sterling, Kentucky, to be fixed by the board of directors, and to run a northeast direction, as near the valley of Hinkston creek and the waters thereof as practicable, until it strikes the line between Montgomery and Bath counties; thence to a point in Bath county, near Springfield Church, be a body-politic, under the name and style of the Mt. Sterling, Hinkston, Bath Turnpike Road Company; and by that name may sue and be sued, and shall have perpetual succession. § 2. Said road shall be under the control and management of five directors, one of whom shall be chosen president by said directors, and another of whom shall, in like manner, be chosen treasurer and secretary of said company. The directors shall be elected annually by the stockholders on the first Monday in March. § 3. The capital stock of said road company shall be fifteen thousand dollars, or such sum as may be necessary to finish the road, to be divided into shares of fifty dollars each; and each stockholder shall be entitled to one vote for each share held by him or her. § 4. The width of said road shall not be less than thirty feet, and the width of the macadamized part shall not be less than fifteen feet wide. § 5. Whenever three miles of said road is completed, When they may the company shall have the right to erect a toll-gate and collect tolls from persons using and traveling said road, the tolls to be collected for the distance traveled; and when five miles are completed, a gate shall be established and full tolls collected; and if seven miles should be constructed, and no more, then said company shall have the right to erect a second gate, and collect at the latter named gate half tolls. The same tolls shall be collected as are fixed and authorized to be collected on such roads by the General Statutes of the State of Kentucky. 6. Any grade the board of directors receive shall be legal. money. § 7. It shall be lawful for the president and directors to May borrow borrow money, or obtain the same by the issue and sale of bonds, for the purpose of completing and improving said road and of liquidating the debt thereon; and they may pledge, mortgage, or sell and dispose of, all or any part of the estate, privileges, and income of said company to secure the payment of money so obtained. Provided, The money so obtained shall not exceed thirty per cent. of the capital stock of said road: And provided, That the interest paid on the bonds so issued or the money so obtained shall not exceed eight per cent. per annum. land, &c. § 8. The right to condemn land for road, rock for build. May condemn ing and keeping in repair said road, and for toll-gate lots, said lots not to exceed one acre, shall be governed by the provisions of chapter one hundred and ten of the General Statutes. § 9. So soon as eight thousand dollars shall be subscribed, the commissioners or corporators may give notice, in writing, to the stockholders, and proceed to organize by the election five directors, as provided in section two of this charter; before entering upon the duties of their offices, said president and directors shall take oath, before some officer authorized to administer oaths, for the faithful performance of their lawful duties. ers to open books. § 10. That J. M. Bigstaff, Ed. Shackelford, Butler Car- The commissionrington, A. W. Hamilton, E. S Jameson, H. H. Ringo, Jno. Stoups, Thos. Saul, J. R. Bascomb, be, and they are hereby, appointed commissioners to open books for the subscription of stock, at such time and place as any three or more of said corporators may deem expedient. § 11. That upon the qualification of the president and directors, they shall designate the location of said road; and, at the expense of the company, survey the route of said road, the majority of said officers concurring. That, after said qualification, election, and survey, said presi- § 12. If any stockholder shall fail to pay the stock subscribed by him or any part thereof, he may be excluded from the right of voting his shares of stock, at the option of said president and directors; and said company may sue for the same in any court of this Commonwealth having jurisdiction thereof. § 13. That if any person shall go around or turn off of said road, with intent to avoid the payment of toll, he or they so offending shall be fined ten dollars, to be recovered by warrant before any justice of the peace for the use of the road; and said judgment shall be collected as other judgments or fines are collected. § 14. The president and directors shall have power to reduce the rates of toll in cases of persons or families having frequent occasion to pass through the gate; and, instead thereof, may charge a reasonable annual toll or compensation for such person or family; all persons making these annual contracts shall be reported to the treasurer. § 15. This act shall take effect from and after its passage. Approved May 1, 1880. Corporators. CHAPTER 1356. AN ACT to incorporate the Harrodsburg and Northwestern Railroad Com pany. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That James L. Neal, John P. Lapsley, Dr. W. H. Roach, Dr. John W. Powell, Otho Wheat, Edgar H. Gaither, John R. Duncan, P. B Thompson, Vance Wilson, and Nat. Gaither, of the county of Mercer; R. I. McQuiddy, Thomas H. Hanks, T. J. Witherspoon, Wm. E. Bell, W. F. Bond, W. H. McBrayer, F. M. Robinson, and O. H. Witherspoon, of the county of Anderson; Jas. A. Gill, W. Waddy, Shelby D. Ware, M. T. Carpenter, C. M. Harwood, Lemuel W. McCormick, William Vanmeter, Fielding Neel, and J. C. Beckham, of the county of Shelby; W. P. Beard, J. B. Cox, S. T. Campbell, G. G. Gilbert, J. H. Beauchamp, and George Anderson, of the county of Spencer; and John Hinkle, S. McMeekin, Berry Guthrie, J. R. Hughes, of the county of Nelson, and their successors, are hereby created a body-corporate and politic, and are hereby declared to be an incorporated company, in the name of the Harrodsburg and Northwestern Railroad Company: and by that name shall be capable of purchasing, holding, selling, leasing, and conveying real and personal estate necessary for the purposes of said corporation, and shall have perpetual succession by said corporate name; may sue and be sued, contract and be contracted with; may have and use a common seal, alter or renew the same at pleasure; and shall have and enjoy all the privileges which other corporate bodies may lawfully do. § 2. That said company is authorized to locate, construct, maintain, and operate a single or double track railway from Harrodsburg, connecting with the Southeastern Railroad, through Anderson county to Shelbyville, there to connect with the Shelby Railroad, or from Harrodsburg to Taylorsville, in Spencer county, or from Harrodsburg to Bloomfield, in Nelson county. § 3. The capital stock of said company shall be one Capital stock. million dollars, divided into shares of one hundred dollars each, and the company may organize when three hundred thousand dollars, in par value, of the capital stock has been subscribed for; and the said stock may be subscribed for by any other railroad, mining, or manufacturing company chartered under the laws of the State of Kentucky; and when said sum shall have been subscribed for, a meeting of the stockholders may be called, and from among their number shall be elected a board of direct |