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1874.

County judge to license question.

order election on

former act pealed.

re

CHAPTER 475.

AN ACT submitting a proposition to the voters in district No. 4, Todd county, whether or not spirituous, vinous, or malt liquors shall be sold therein.

WHEREAS, The General Assembly of the Commonwealth of Kentucky has recently passed an act, entitled "An act to regulate the sale of spirituous, vinous, or malt liquors in this Commonwealth;" and whereas, doubts have arisen as to whether said act can be construed as repealing any act now in force in any district, town, or city where the sale of spirituous liquors is now prohibited by law; and whereas, by an act of the General Assembly, approved December 20th, 1871, the sale of spirituous liquors is now prohibited in the town of Elkton, county of Todd, Kentucky; therefore,

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

1. That it shall be the duty of the county judge of Todd county, upon the petition, in writing, of (20) twenty legal voters in district No. 4, in said county, to cause an election to be held in said district No. 4, in said county, as directed under the act, entitled "An act to regulate the sale of spirituous, vinous, or malt liquors in this Commonwealth," and that the provisions of said act shall govern said election, except that if it shall be found that a majority of the legal voters of said district No. 4 have voted in favor of the sale of such liquors within the limits of such district, it shall be the duty of the examiners to certify that fact, which certificate shall be delivered to the clerk of the county court, and by him safely kept until the next regular term of the county court, at which term the judge thereof shall have the same entered of record upon his order-book; and said entry of the certificate in the order-book, or a certified copy thereof, shall be prima facie evidence of all proceedings under this act.

§ 2. That after the entry of the certificate of the examIf license carries, ining board as aforesaid, the act, entitled "An act to prevent the sale of spirituous, vinous, or malt liquors in the town of Elkton, or within one mile of the corporate limits thereof," approved December 20, 1871, shall stand repealed.

Majority of

voters of district

to vote for license before act shall

be repealed.

§ 3. That the act heretofore passed and now in force, prohibiting the sale of intoxicating spirits in the town of Elkton, and within one mile of the corporate limits thereof, shall not be repealed or amended unless a majority of all the voters in district No. 4, in Todd county, shall vote for such repeal

§ 4. This act shall take effect from and after its passage. Approved February 23, 1874.

CHAPTER 476.

AN ACT to abolish the court of common pleas in Caldwell county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

1874.

ished.

§ 1. That an act, entitled "An act to establish a court of Caldwell common common pleas in Caldwell county," approved February pleas court abol6th, 1871, be, and same is hereby, repealed; and so much of article ten (10), chapter twenty-eight (28), of General Statutes, title "Courts," as establishes a court of common pleas in and for Caldwell county, in this Commonwealth, is hereby repealed; and the said court of common pleas in said county is hereby abolished.

Jurisdiction of circuit court re

§ 2. That the circuit court of Caldwell county shall hereafter have jurisdiction of all actions, motions, pro- established. ceedings, and other business of which said court of common pleas has had jurisdiction under said act approved February 6th, 1871, and of all such actions, motions, proceedings, and other business as may hereafter arise.

Actions transferred to circuit

§ 3. That all actions, motions, proceedings, and other business now pending in said court of common pleas are court. hereby transferred to the circuit court of said county; and it is hereby made the duty of the clerk of said court to transmit to and deposit in circuit court clerk's office of said county all the papers in all actions, motions, proceedings, and other business now or heretofore pending, or which may at time this act takes effect be pending, in said court of common pleas; and all actions, motions, proceedings, or other business now pending in said court of common pleas shall be placed on the docket of the circuit court of said county, in the same manner as if originally brought in said court, and said court shall have full power and authority to hear and determine the same. The said circuit court shall have full power to hear and determine all motions, actions, proceedings, or other business that may arise out of any proceedings or actions that may have been tried in said court of common pleas, and which, but for this act, would have to be instituted in said court of common pleas.

§ 4. That the records of said court of common pleas shall be deemed record of said circuit court of said county, as fully and to all intents and purposes as if they had originally belonged to said circuit court, and it shall have the same power over them, and of all proceedings growing out of them, in like manner as if its own records; and the clerk and judge of said circuit court shall have full power to certify copies of same.

§ 5. All acts and parts of acts inconsistent with this act are hereby repealed. This act shall take effect and be in force from and after the first day of March, 1874.

Approved February 23, 1874.

Records of common pleas court made record of

circuit court.

1874.

tees.

CHAPTER 477.

AN ACT to amend the charter of the city of Ludlow, in Kenton county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the board of school trustees of the city of Number of trus- Ludlow, Kenton county, Kentucky, shall consist of eight members, two from each of the four wards, and a president, who shall be elected at large in said city.

be elected, and term of office.

§ 2. That the qualified voters in each ward shall elect, Schoo! trustees to at a special election to be holden on the first Saturday in July, 1874, one school trustee. Those elected in the First and Third Wards shall hold their offices for two years; and those elected in the Second and Fourth Wards shall hold their offices for one year. The president of said body shall also be elected at the same time, and shall hold his office for the term of two years.

§ 3. That when the terms of office of four members Term of office elected for one year expire, their successors shall hereafter be elected for the term of two years, at the annual election in December.

increased.

§ 4. That said board of trustees shall have power to Clerk to be elect a clerk of said body, who shall serve for the term of one year; and for his services said board may fix his salary.

elected, term of office, & salary.

§ 5. And said board of trustees shall have power to fill all vacancies occurring in that body.

§ 6. All acts or parts of acts conflicting with this act are hereby repealed.

§ 7. This act shall take effect from and after its pas

sage.

Approved February 23, 1874.

ames.

CHAPTER 478.

AN ACT to incorporate the Bluegrass Manufacturing Company.

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

§ 1. That Edward Burgess, John F. Payne, James E. Corporators' Sudduth, James W. Craig, Richard West, L. L. Herndon, George Burch, Jos. Burgess, James Smith, W. B. Galloway, J. W. Bradley, and E. H. Parrish, of Scott county; and Dr. A. Hurst, John Withrow, Warren Viley, Daniel Swigert, Robt. McConnell, and W. H. Graddy, of Woodford county; and Dr. R. J. Spurr, Wm. Warfield, Isaac Vanmeter, Thos. Bradley, P. Henry Thompson, and H. C. Sandusky, of Fayette county, and their associates, successors, and assignees, are hereby created a body-politic

and corporate, under the name and style of the Bluegrass Manufacturing Company; and by that name shall have perpetual succession, with power to contract and be contracted with, to sue and be sued, in all courts and places; and have and use a common seal, and alter the same at pleasure; and to make all necessary by-laws and regulations for the government of said company and the conducting of its business not inconsistent with the Constitution of the United States or the Constitution of Kentucky, or the laws made in pursuance thereof.

§ 2. The said company shall have power and is hereby authorized to build, construct, enlarge, repair, equip, and furnish buildings or shops, with all necessary appurtenances for the manufacture, repair, or alteration of any tool or agricultural implement, or for doing any custom work in wood, iron, brass, or other metal anywhere in the counties of Scott, Woodford, or Fayette; and may receive in payment for work done or articles sold cash, notes, bonds, or stocks of any individuals or corporations, or any securities issued by any government, national, State, county, or town; and may purchase, sell, or hypothecate such securities, borrow or loan money, issue its own bonds, at any rate of interest not exceeding ten per cent per annum, and sell, negotiate, and pledge the same at such rates of discount as it may deem best; and do all other things proper and necessary to carry out the purposes herein set forth and the powers herein granted: Provided, That the bonds used shall at no time be greater than, nor exceed in amount, the capital stock paid or secured to be paid.

1874.

Name and style.

Corporate powers

May erect, mainmanufactories

tain, and repair

§3. The capital stock of said company shall not be Capital stock. less than fifty thousand dollars, nor more than five hundred thousand dollars, which stock shall consist of shares of one hundred dollars each. The said shares shall be personal property, and may be subscribed, paid for, and transferred and forfeited in such manner as may be prescribed in the by-laws of the company. Each share of stock shall entitle its owner to one vote, either in person or by proxy.

trol affairs.

§ 4. Said company shall have power to manage and Directors to concontrol its business by a board of directors, to consist of not more than twelve nor less than five members, to be determined by the stockholders, which board shall be selected out of the corporators before named, to be elected by the stockholders at their first election, which election. shall take place at a time and place to be fixed upon by the stockholders. Said board of directors shall be vested with such powers as the stockholders, in their by-laws, shall direct, to be determined by a majority of said stockholders. Within ten days after a board shall have been

1874.

Election of

directors.

declare dividends

elected, they shall elect one of their number as president' and elect such other officers as, in their judgment, the interest of the corporation may demand. A majority of the stockholders voting shall be a valid election, and a majority of the board of directors assembled to do business shall constitute a quorum, whose acts shall be binding: Provided, The day of meeting shall be fully known to the individual members of said board.

§ 5. Said company may, from time to time, through its May make and board of directors, make, declare, and pay dividends or profits, and distribute the net proceeds of sales or property of the company among the stockholders pro rata, according to the amount of stock held by each.

No individual liability of stockholders.

6. The stockholders shall not be individually liable. for contracts, debts, and liabilities of said company; but the stocks, privileges, rights, and properties held and owned by the company shall only be liable therefor.

§ 7. The office of the company shall be in the city of Location of Georgetown, in Scott county, Kentucky, there to remain office of company until a majority of the stockholders shall, at a regular election, select some other place; but no place shall be selected without the limits of the counties of Scott, Fayette, and Woodford.

§ 8. Nothing in this act shall be so construed as to con

Not to have fer upon said company any banking privileges.

banking powers.

§ 9. Nothing in this act shall be construed to exempt Property to be any property of this company from State, county, or municipal tax to the same extent, and for the same purposes, that the property of individuals is taxed.

subject to taxa

tion.

annual.

§ 10. An election for members of the board of directElections to be ors shall be held annually at such times and places as the directors may determine: Provided, That the time and place for said election shall be advertised in at least two newspapers within the three counties before named, towit: Scott county, Woodford, and Fayette.

§ 11. This act shall take effect from and after its pas

sage.

Approved February 23, 1874.

CHAPTER 479.

AN ACT for the benefit of Wm. Bowe, committee for Edward Parker, a pauper lunatic, of Lawrence county.

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

§ 1. That the Auditor of Public Accounts be directed to draw his warrant upon the Treasurer for two hundred dollars, to be paid out of money not otherwise appropri

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