1874. CHAPTER 284. AN ACT for the benefit of James Wallace, late sheriff of Christian county. WHEREAS, James Wallace, late sheriff of Christian county, has long since paid into the State Treasury all the revenue due the State from him, together with all interest that may have accrued thereon; therefore, Be it enacted by the General Assembly of the Commonwealth of nweal Kentucky: § 1. That James Wallace, late sheriff of Christian county, is hereby released from the penalty of five (5) per cent. assessed and charged against him by the Auditor on the revenue for the year 1872, and the account of the Commonwealth against said Wallace shall be credited by the Auditor by the amount of said five per cent. penalty so charged and assessed: Provided, That no five per cent. be remitted which has been collected from tax-payers, which fact shall be obtained by the sworn affidavit of said sheriff. §2. This act shall take effect from and after its pas sage. Approved February 13, 1874. CHAPTER 285. AN ACT for the benefit of W. E. Clelland, late sheriff of Mercer county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That when W. E. Clelland, late sheriff of Mercer county, shall have paid the full amount of the principal, interest, costs, and Attorney General's fee, of a judgment rendered in the Franklin circuit court against him on account of the revenue of 1872, the damages, including the . five per cent. imposed under the act of March 22d, 1871, shall be remitted: Provided, however, That said principal, interest, costs, and Attorney General's fee shall be paid within sixty days from the passage of this act: And provided further, That before said five per cent. damages shall be remitted, the said Clelland and his deputies shall make oath in open court that they have not collected said five per cent., or what part they have collected of the same, and only that portion of it shall be remitted that has not been collected. § 2. That the judgment against said Clelland having taken from the Auditor all power and authority to allow him, said Clelland, credit for his delinquent list, he, the Auditor, is hereby authorized and directed to credit said Clelland with the amount of said delinquent list, so much thereof as may be equitable and just. 3. This act shall be in force and effect from its pas sage. 1874. Approved February 13, 1874. CHAPTER 286. AN ACT for the benefit of Allen, Harbeson & Co., of Augusta, in Bracken county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all promissory notes made negotiable and payable at the banking-house of Allen, Harbeson & Co,, in Augusta, Kentucky, and inland bills which may be discounted by said Allen, Harbeson & Co., shall be, and are hereby, put on the same footing of foreign bills of exchange, and like remedy may be had thereon, jointly and severally, against the drawers and indorsers. § 2. That the money capital held by each partner in said firm of Allen, Harbeson & Co., bankers, shall be taxed as if so much stock, and it shall be the duty of said Allen, Harbeson & Co., on the first day of July of each year, to pay into the State Treasury, for the benefit of the revenue proper, fifty cents on each one hundred dollars used by said banking firm of Allen, Harbeson & Co. in the said business, which shall be in full of tax or bonus on said money capital. § 3. The General Assembly hereby reserves the right to investigate, by committee or otherwise, the amount of capital or money used in said business, and to repeal, alter, or modify this act at pleasure. § 4. This act to take effect from its passage. [Became a law without the Governor's signature, February 17, 1874.] CHAPTER 288. AN ACT for the benefit of I. L. Hyatt. WHEREAS, The Commissioners of the Sinking Fund have recovered judgment by default against I. L. Hyatt, in the Franklin circuit court, for tolls upon the Kentucky river, amounting now, including interest, costs, and commissions, to about one thousand dollars; and whereas, it appears that during the period within which said tolls accrued, a portion of Cedar dam had been washed away, the debris of which greatly obstructed the channel below 1874. the dam; and further, that a large barge had been sunken in said channel, thus obstructing the navigation of the river, and the Commissioners of the Sinking Fund not having authority to spend money for the removal of such obstructions; and it further appearing that said Hyatt, being engaged in the transportation of coal on said river, undertook to remove said obstructions, to be paid for in the tolls upon his own boats, and that he did remove said obstructions at great trouble and expense, and that the work was reasonably worth the tolls for which said judg ment was recovered; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Attorney General be, and he is hereby, directed to enter satisfaction, except the costs and commissions, upon an execution in favor of the Commissioners of the Sinking Fund against I. L Hyatt and others, his sureties, issued from the clerk's office of the Franklin circuit court, upon a replevin bond for nine hundred and forty-nine dollars and five cents, with interest from the 4th of December, 1872. § 2. This act to take effect from date of its passage. names. Name and style. CHAPTER 290. AN ACT to incorporate the trustees of the Presbyterian Church at Columbus. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That George B. Moss, William Heron, Baker W. Corporators' Badger, and Thomas G. Poore, and their successors in office, are created a body-politic, by the name and style of the Board of Trustees of the Presbyterian Church of Columbus, Kentucky; by that name they may be sued and may sue, contract and be contracted with, plead and he Corporate impleaded, in all the courts of this Commonwealth; that the said trustees or their successors shall have power to lease and rent, or sell and convey the present church property, or any part thereof, for the purpose of paying any present indebtedness, or to purchase other property; to erect such buildings as they may desire, and to receive subscriptions or any other donations that may be given to said trustees. powers. for and collect § 2. The said board of trustees shall have full power to Trustees may sue sue for and collect any subscription or donations that subscriptions or may be given said trustees, and sue for and recover any injury done their said property, and have the absolute control of the same, except they shall have no power to donations. exclude from preaching in said church any person whom. the session thereof shall invite to preach therein. § 3. Should a vacancy occur, by death or otherwise, in the board of trustees, the same shall be filled by an election held by the members of said church, and the same shall be recorded in the minutes of the said church. § 4. This act shall take effect from its passage. Approved February 16, 1874. 1874. Vacancies in trusteeshow filled. CHAPTER 291. AN ACT to incorporate the Mt. Sterling Coal Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Corporators' names. § 1. That John A. Hannah, Frank Fitch, C. J. Glover, L. T. Chiles, O. S. Tenny, L. D. Wilson, R. H. Fitzhugh, T. H. Eastin, William Little, A. Baum, R. T. Bean, J. M. Bent, J. O. Miller, Fred. Fitch, W. T. Howe, M. H. Jouett, J. P. Young, W. T. Hanly, Jas. Kerr, Thos. Hoffman, C. A. Brooks, B. W. Rose, M. McClosky, W. C. Dollins, J. B. Campbell, R. P. Guerrant, Jas. H. Hazelrigg, John Lindsey, John A. Blaydes, L. C. Jeffries, J. H. Piersall, John A. Geary, J. J. Greenwade, A. D. Smith, W. T. Fitzpatrick, L. A. Glover, W. S. Thomas, James M. Thomas, and Albert Hoffman, their associates and successors, are hereby created a body-politic and corporate, named the Mount Name and style. Sterling Coal Road Company; and by that name shall have power to contract and be contracted with, to acquire and hold property, real and personal, of any kind, and the same to convey; to sue and be sued, plead and be impleaded, in all courts and places, as a natural person forever; and to make all necessary by-laws and regulations for the government of the company and the conduct of its business, not inconsistent with the laws of this State and of the United States. powers. Corporate May construct & operate a rail hold real estate, § 2. The said company shall have power to construct and operate a railroad from Mt. Sterling southwardly or road, &c. southeastwardly to the coal fields of Menifee or adjoining counties; and may extend the main line or. branches to such other localities as it may thereafter deem expedient. The said company shall have power to purchase, acquire, May acquire and and hold such real estate, in the State of Kentucky and &c. elsewhere, by lease, in fee-simple, or otherwise, and such timber rights, mining privileges, rights of way, and other easements, as it may deem expedient or necessary for its business. It shall have power to mine coal and other mineral products, or purchase and prepare the same in any manner for market, and to exercise any necessary 1874. lands and right of way, &c. and proper powers to carry out the express powers granted by this act. §3. The said company may obtain, by agreement with May condemn the proprietors, the lands, timber, and other materials requisite to be taken for said railroad, appurtenances, and branches, or it may have the same condemned to the use of said company. may organize. § 4. The first three persons named in this act surviving, When company shall, after its passage, call a meeting of the corporators named herein; and they shall open books and fix the terms of subscription to the capital stock; and whenever fifteen thousand dollars shall have been subscribed, and notice shall have been given each subscriber of the time and place when and where a meeting of such subscribers shall be held, they may assemble and effect the permanenț organization of the company; and a majority in value of the stock subscribed shall be represented at such meeting, and five per cent. shall have been paid by each subscriber upon his subscription before he shall be entitled to act further. The subscribers so qualified and organized may proceed to the election of a board of directors of not less than three nor more than seven members, as such meeting shall first decide. of directors. 5. The board of directors shall have the general manPower and duties agement of all the business of said company, and may exercise any and all the powers hereby granted to the corporation. Immediately upon the election of a board, as provided in section fourth, they shall proceed to a choice of one of their number to be president and one other vice president, and thereupon the company shall be deemed fully organized, and may proceed with its busiThe board of directors may appoint and employ such minor officers and employees, from time to time, as they may deem expedient, or provide by by-laws for their appointment and employment; may fix their salaries, and prescribe their duties, as well as those of the president and vice president, and the term of office or employment of such minor officers, agents, and employees; and may require, and take from any of them bond, with security, for the faithful discharge of their respective duties. § 6. The capital of said company shall not exceed Capital stock and three hundred thousand dollars until the road is built regulations concerning same. from Mt. Sterling to the Menifee line; but may thereafter be increased by the company, by an amount equal to fifteen thousand dollars for each additional mile of road it may then determine to build. The stock shall be personal property, and shall be evidenced and transferred as may be prescribed by the by-laws. The times and manner of payment, and the time, manner, and grounds |