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1874.

§ 5. That said society, and any lodge of the same, may,

May fix penalties by suitable penalties or expulsion, enforce the observance

for efficers.

of the rules, constitution, and by-laws

§ 6. That this act shall take effect from and after its passage.

Approved February 23, 1874.

released.

CHAPTER 487.

AN ACT for the benefit of William Green and his sureties, late sheriff of
Elliott county.

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

1. That William Green, late sheriff of Elliott county, Interest & dam- and his sureties, be, and they are hereby, released from ages on judgment the payment of that part of a judgment rendered against them at the August term, 1873, of the Franklin circuit court, that relates to damages for failing to pay over his revenue. The Auditoris directed to enter a credit in their favor for the same: Provided, That the sheriff and his deputies shall first make affidavit before the county court of his county, and present the same to the Auditor, that no part of the damages hereby released has been collected from the tax-payer, and that the relief hereby granted shall only apply to such part of the damages that has not been collected of the tax-payer.

allowed.

§2. Be it further enacted, That the Auditor be, and he is Additional credit hereby, directed to credit said judgment with the amount of an order drawn by the Auditor on said Green for two hundred and twenty-two dollars and -cents, in favor of the trustee of the jury fund for Elliott county for the jury deficit, at the May term. 1872, of the Elliott circuit court: Provided, That said sheriff and his sureties shall be responsible for any amount due any juryman for serving on jury at the May term, 1872.

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

sage.

Approved February 23, 1874.

CHAPTER 489.

AN ACT for the benefit of common school district No. 1, known as Auburn district, in Logan county.

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

1874.

Trustees may

sell school proper

§ 1. That the trustees of common school district No. 1, known as Auburn district, in Logan county, be, and they ty to high school. are hereby, authorized to sell or lease to the Board of Managers of the Auburn High School the real estate and buildings thereon held by the common school trustees of said district for the benefit of the common school thereof: Provided, That the Board of Managers of the Auburn High School agree to and do issue to each person who holds a tax receipt or receipts for taxes paid in aid of the purchase of said real estate, or the erection of the buildings thereon, a certificate of stock in said Auburn High in high school. School, which shall state upon its face the amount of taxes paid by the persons to whom the certificate is issued, and shall secure to the holder thereof the right to one vote in the election of the board of managers of said high school; but nothing herein shall be so construed as to entitle any one person to more than one vote by virtue of holding such certificate of stock.

§ 2. This act to take effect from its passage.

Approved February 23, 1874.

Tax receipts to

be good for stock

CHAPTER 490.

AN ACT for the benefit of the Garrard county court.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

additional bonds.

§ 1. That the Garrard county court are hereby author- Court may issue ized to issue one thousand dollar bonds in addition to the bonds already authorized by special enactment, according to the principles and under the restrictions heretofore announced in said special enactment.

§ 2. This act takes effect upon its passage.

Approved February 23, 1874.

CHAPTER 491.

AN ACT to incorporate the Shelbyville Gas-light Company.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

1. That J. T. Frazier, L. W. Smith, John A. Middle- Corporators' ton, Dr. J. Baker, John A. Geary, Edward Dowling, and names.

LOC. L.-35

1874.

P. H. Roach, and their successors, be, and they are hereby, created a body-corporate and politic, by the name of the Name and style. Shelbyville Gas-light Company, for an indefinite period; and by that name shall have perpetual succession; and by that name may sue and be sued, plead and be impleaded, in all the courts of this Commonwealth; and by Corporate powers that name shall have power to contract and be contracted with; to have and use a common seal, to alter the same at pleasure; 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 constitution and laws of this State and of the United States.

Office.

and hold real estate.

§2. That said company shall keep an office in the town of Shelbyville; and its business shall be to construct and establish gas-works in the town of Shelbyville, and to supply said town with gas-lights; and it may borrow money.

§3. That said company may purchase and hold as May purchase much land as will be required for its office and the residences of its officers, agents, and laborers, and for sites for its gas-works, and for suitable engine and other houses for their works, and said company may sell or exchange the same and purchase again; and may hold such personal estate, machinery, &c., as will be necessary and convenient for the transactions and business of the company.

works.

§ 4. That it shall be the duty of said company, within Shall erect gas three years after its organization, to erect and establish in the town of Shelbyville a gas manufactory of sufficient extent and capacity to supply the town of Shelbyville and the citizens thereof with all such public and private lights as may, from time to time, be required.

Corporation to right to furnish

have exclusive

gas.

May lay down

gas pipes, mains, &c.

§ 5. That the company have the exclusive privilege of erecting, establishing, and constructing gas-works in the said town during this charter, and of vending gas-lights. § 6. That to enable the company to construct and establish gas-works in the town of Shelbyville, it is authorized to lay down and extend pipes and conductors through any of the streets and alleys of the town, and for that purpose to take up the pavements and to replace the same, and shall be responsible to the town for any damage which may arise therefrom, or any unreasonable delay in replacing the same; and said company shall be subject to the regulations of the city as to streets, and the same ordinances and penalties that individuals may besubject to.

7. That the corporators aforesaid, or any three of Corporators to them, shall be commissioners for opening books for the open books for subscription of stock; and they, or any two of them, may advertise the time and place of opening the books in the

subscription of, stock.

town of Shelbyville, and shall keep them open until not less than ten thousand dollars shall have been subscribed, when they shall be temporarily closed until after the election of the president and directors as provided in the next section, when they shall be again opened, and kept open until the whole amount of the capital stock shall have been subscribed, which amount shall be fixed and determined by said president and directors before the reopening of said subscription books; but which stock shall not in amount exceed thirty thousand dollars.

1874.

When and how company organ

§ 8. That when ten thousand dollars ($10 000) in stock shall have been subscribed as aforesaid, they shall adver- ize. tise the same, and call a meeting of the stockholders, giving at least ten days' notice; and the stockholders so called may elect four directors and a president, to whom shall be intrusted the real and personal estate, business, property, funds, and financial concerns of said company, and the administration of its affairs. They shall serve until their successors are chosen; and, after the first elec- Directors' powers tion, they shall be annually elected on the first Monday fice. of January in each year, of which notice shall be given for ten days by notice published in at least one newspaper printed in Shelbyville. The president and directors shall fill all vacancies that may occur in their body, by death or resignation, or from failure to meet their engagements to the company with promptness.

$9. That the subscription of stock in the Shelbyville Gas-light Company by individuals, companies, and corporations shall be made on such conditions, as to the time and manner of payment, and as to the surety which shall be given for payment of the stock subscribed, which the commissioner may prescribe before the stock is taken: Provided, That the president and directors may, with the consent of the subscribers, change the conditions as to the time, manner of payment, and of security for the payment of stock, or of the installments thereof.

and term of of

Terms of subscription to stock

§ 10. That if the whole stock shall not be subscribed, Capital stock. and it be found, after effort to that end, impossible, in the opinion of the president and directors, to secure subscriptions to the amount of the whole capital stock as fixed by them in accordance with the power granted them according to the terms of section seven (7) hereof, then they shall have power to fix the capital stock at any sum they may see fit, not exceeding thirty thousand dollars as aforesaid, and it shall be divided into shares of one hundred dollars each, and each share of stock shall entitle the holder of one vote.

president.

§ 11. That the directors may allow to the president a Compensation of reasonable compensation for his services, if they so determine; but no compensation shall be allowed to a director,

1874.

ville may take

stock and levy

tax to pay same.

for

Question to be submitted to peo

except by order of the stockholders; and if any of the directors, or the president, shall knowingly diminish the capital stock, by dividends or otherwise, they shall be responsible to the stockholders for the deficiency thus created.

12. That the town of Shelbyville shall have the right Town of Shelby to subscribe any or the whole number of shares in said company, and to pay for the amount so subscribed. The trustees of the town shall have the power to issue the town bonds, to bear an interest not exceeding ten per cent. per annum, payable at such times as may be determined by said trustees: Provided, That such subscriptions shall not be made unless a majority of the legal voters of said town shall so determine after the matter has been submitted to a public vote; but it shall be altogether within the discretion of said trustees whether said proposition to subscribe stock in said company by said town shall be submitted to a vote or not; and they may prescribe the time when such election shall be held, and the manner in which notice thereof shall be given. § 13. This act shall take effect from its passage. Approved February 23, 1874.

ple.

CHAPTER 492.

AN ACT for the benefit of W. E. Tipton's administrator. WHEREAS, W. B. Tipton, late sheriff of Montgomery county, departed this life on the fourth day of January, 1874; and whereas, at the time of his death he had many lists of taxes of the taxable property of Montgomery county, that had been levied by the county court of said county on the taxable property thereof, and also the State revenue tax, and which taxes were placed in his hands for collection, were accounted for and paid over by said Tipton to the county of Montgomery and State of Kentucky, and from which sources, upon his settlements as said sheriff, he received a credit and quietus; and whereas, he paid said taxes, both county and State, out of his own means; and whereas, said tax-payers, whose tax lists he held at the time of his death, had never paid or accounted to him for the same, and that taxes are still owing by said delinquent tax-payers to the estate of said Tipton; therefore,

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

§ 1. That it shall be lawful for W. O. Cockrell, adminAdministrator istrator of said Tipton, to list with the sheriff or any constable of Montgomery county said unpaid taxes for

may have unpaid taxes collected.

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