any mixture thereof, contrary to the provisions of this act, 1874. or any by law or ordinance of said town concerning the sale or gift of such liquors made in pursuance of this act; and that he will pay all damages to any husband, wife, child, parent, guardian, employer, or other person who shall be injured in person, property, or means of support by any intoxicated person, or in consequence of any intoxication, habitual or otherwise, of any person whose intoxication, in whole or in part, shall have been caused by selling or giving such liquors by the principal in such bond, or his agents or employees. § 2. It shall be unlawful for any person to get intoxicated. Any person found in a state of intoxication shall, upon conviction thereof, be fined in the sum of five dollars. Any person convicted of intoxication shall be required, upon the trial, to designate the person or persons from whom the liquor, in whole or part, was obtained. In default of so designating such person, he or she shall, in addition to the fine above mentioned, as a part of his or her punishment for the offense, be imprisoned in the county jail not less than one day nor more than ten days, at the discretion of the court. Penalty for drunkenness. Persons having right of action dealers' bond. § 3. That every husband, wife, child, parent, guardian, employer, or other person, who shall be injured in person under liquor or property, or means of support, by any intoxicated person, or in consequence of intoxication, habitual or otherwise, of any person, shall have the right of action in his own or her name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person, for all damages and exemplary damages. A married woman shall have the same right to bring suit, and control the same, and the amount recovered, as a feme sole; and all damages recovered by a minor under this act shall be paid, either to such minor or to his or to her parent, guardian, or next friend, as the court shall direct. All suits for damages under this act may be by any appropriate action in any of the courts of this State having competent jurisdiction; and if against a person having license to retail, the suit may be upon the bond required by the first section of this article against the principal and sureties therein. § 4. The chapter on "Towns" of the General Statutes, so far as the same is consistent with this act, shall apply to said town. § 5. That all former acts relating to said town are hereby repealed. § 6. That this act shall take effect from its passage. Approved February 20, 1874. 1874. CHAPTER 416. AN ACT for the benefit of S. M. Goble, of Carter county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, authorized and directed to draw his warrant on the Treasurer in favor of S. M. Goble, of Carter county, for one hundred and twenty-seven dollars, for taking care of Bird Goble, colored pauper lunatic, from the 10th day of January, 1873, till the 30th day of August, 1873, payable out of any money in the Treasury not otherwise appropriated. 2. This act shall take effect from its passage. Approved February 21, 1874. Allowed $75 12. CHAPTER 417. AN ACT for the benefit of Stephen Nethercutt, of Carter county. WHEREAS, Stephen Nethercutt, committee for Nancy Martin (colored), pauper lunatic of Carter county, in pursuance to the order of the Governor, by general proclamation, conveyed said lunatic to the Fourth Lunatic Asylum at Anchorage, Kentucky, on the 20th day of October, 1873, believing that she would be received at said. asylum; and when he offered said lunatic to said asylum she was admission therein by the superintendent thereof by reason of there being no provision made at said asylum for the reception of pauper colored lunatics; and said Nethercutt had to reconvey said lunatic back to Carter county, Kentucky; and the Auditor of Public Accounts has refused him payment therefor, he being entitled to pay; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, directed and authorized to draw his warrant on the Treasurer in favor of Stephen Nethercutt for the sum of seventy-five dollars and twelve cents (being amount allowed by existing laws for conveying pauper lunatics to said asylum), for his services in conveying said Nancy Martin to said asylum, and reconveying her back to Carter county; said sum shall be paid out of any money in the Treasury not otherwise appropriated. § 2. That this act shall take effect and be in force from and after its passage. Approved February 21, 1874. CHAPTER 418. AN ACT to incorporate the Central Kentucky Banking Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1874. Corporator names. § 1. That R. DeRoode, Wm. Harting, M. G. Thompson, John B. Payne, jr., John W. Lell, C. W. Foushee, W. W. Bruce, John G. Yellman, Wm. Christie, D. G. Falconer, John W. Berkley, Dennis Mulligan, and their associates, successors, and assigns, are hereby created a corporation, under the name of the Central Kentucky Banking Company, and shall so continue until the first day of January, Name and style. one thousand nine hundred; and by that name are made capable in law to acquire, hold, possess, use, occupy, and enjoy all such real estate, goods and chattels, as may be necessary for the transaction of its business, or which may be conveyed to it as surety for any debt, or purchased in satisfaction of any debt, judgment, or decree, and sell and convey the same; to sue and be sued, contract and be contracted with, answer and be answered, defend and be defended, in all courts and places whatever; powers. may have and use a common seal, and alter and renew the same at pleasure; and to make, ordain, establish, and put in execution such by-laws as may be necessary for the government of said corporation, not contrary to law. §2. The capital stock of said corporation shall not be Capital stock. less than twenty thousand nor more than one hundred thousand dollars, and shall be divided into shares of twenty dollars each. Corporate When corporation may go into § 3. Any of the corporators above named may receive subscriptions to the capital stock, and when twenty thous operation. and dollars has been subscribed and ten dollars per share paid thereon, may commence business. Business to be under control of § 4. The property, business, and affairs of said bank shall be under the management of a board of directors, directors. consisting of not less than five nor more than thirteen persons, all of whom shall be stockholders in said company, and residents of this State, one of whom shall be elected president of the board; and the said R. DeRoode, Wm. Harting, M. G. Thompson, John B. Payne, jr., John W. Lell, C. W. Foushee, W. W. Bruce, John G. Yellman, William Christie, D. G. Falconer, John W. Berkley, and Dennis Mulligan, are hereby constituted a board of directors for said bank, to serve as such until the first Monday of January, 1875, and until their successors are elected and qualified; and should any of the persons above named fail or refuse to qualify and serve as a director, his place Vacancies-how may be treated as vacant, and may be filled by the remainder; and all vacancies in the board of directors of said bank may be filled by the other directors; and on filled. 1874. Election of direct tion to be given. the first Monday of January, 1875, and on the same day of each year thereafter, there shall be an election of directors for the said bank by the stockholders thereof, who shall serve as such until the succeeding first Monday in ors to be annual. January, and until their successors are elected and qualified. Notice of such election shall be given in a newspaper published in the city of Lexington, for at least five Notice of elec days preceding such election; and all elections for directors of said bank shall be under the inspection of two or more stockholders, to be appointed by the board of directors, and the result of said elections shall be certified under the signatures of the persons holding them. A plurality of votes shall elect, and each stockholder shall be entitled to one vote for each share of stock which he may own, and may cast the same in person or by proxy; and the votes of a majority of stockholders so voting shall be good and valid for all purposes. Quorum. 5. A majority of the board of directors shall form a quorum for the transaction of business. § 6. Said bank may receive deposits of gold, silver, bank May do general notes, and other notes which may be lawfully circulating banking business. as money, and repay the same in such manner, at such times, and with such interest, not exceeding the lawful rate of interest of this State, as may be agreed upon with the depositor by special or general contract; may deal in exchange, bonds, stocks, promissory notes, and other evidences of debt; loan money at a rate not exceeding the rate allowed by law, and take personal and other securities for the payment of any loan or indebtedness; may receive promissory notes by assignment, United States vouchers, warehouse receipts, bills of lading, mort- . gages on unencumbered real estate, worth at least double the amount secured thereby, bonds and stocks, or any other property or article of value in pledge for the security of money loaned, liabilities due or maturing to said bank, and sell the same on the non-payment of the debt or demand according to the provisions of an act, entitled "An act for the benefit of the incorporated banks of Kentucky," approved March 16th, 1871. Inland bills which may be purchased, or promissory notes discounted by it, shall be, and they are hereby, placed upon the footing of foreign bills of exchange, and like remedy may be had thereon, jointly and severally, against the drawers and indorsers; and said bank may issue certificates of credit payable throughout the United States and elsewhere. savings deposits. § 7. Savings deposits may be received and paid to deMay receive positors under such regulations, not inconsistent herewith, as the board of directors shall prescribe. Such rules shall be put up in a conspicuous place in the banking-room of said corporation. § 8. The Legislature of Kentucky may examine, by 1874. committee, the affairs of said bank, and may alter or repeal this act at pleasure. Legislature to have right of ex. amination. Directors to ap fix salaries. 9. The board of directors of said bank shall have power to appoint and employ such officers, agents, and point officers and servants as they may deem necessary to conduct the business of the bank, pay them such wages and salaries, and take from them such bonds to secure the faithful performance of their respective duties, as they may think proper and reasonable. The stock shall be deemed personal property, and shall be assignable according to such sonal properey. rules as the board of directors shall, from time to time, establish; but said corporation shall have a lien on the stock to secure any indebtedness of the stockholders to the bank for stock unpaid. Stock to be per § 10. Said bank shall, on or before the tenth day of State taxation. January of each year, pay into the State Treasury fifty cents on each one hundred dollars of the capital stock subscribed and actually paid in. The cashier shall at the same time transmit to the Auditor of the State a verified Cashier to make statement of the condition of the bank, and shall, on the first days of January and July in each year, make and publish under oath a statement making a full exhibit of all the assets and liabilities of said bank. report to Auditor. in officers. § 11. Any director, officer, or employee of said bank, Penalty for fraud who shall convert any of its property, or the property of others in possession of said bank, to his own use, or make a fraudulent entry on his books, shall be deemed guilty of felony, and, upon conviction thereof, shall be confined in the penitentiary not less than two nor more than ten years, and be liable to the party injured for damages. § 12. Subscriptions to the capital stock, with legal interest, from the time the same was due, may be recovered in any court having jurisdiction. § 13. The meeting of stockholders for the election of directors shall be held at the banking-house of said corporation between the hours of ten A. M. and twelve M.; but no stockholder whose obligation to said bank for stock is due and unpaid shall vote at such meetings, nor be eligible for election as a director or officer of said bank. A meeting of stockholders may be called by the board of directors at any time, and shall be called by the cashier, when thereunto requested, in writing, by stockholders representing five hundred shares of stock. Subscriptions may be collected at law. Where and when ors to be held. elections of direct Officers to be at § 14. All officers of said bank shall hold their positions employed during the pleasure of the board of directors; and said pleasure of board board may declare vacant the place of any director for gross neglect of duty, or for failing to attend its weekly meetings eight consecutive times. Vacancies in the board may be filled by those remaining in office. |