to-wit: in precinct No. 1 (one), the court-house; in precinct No. 2 (two), Lee's shop; in precinct No. 3 (three), the school-house near Harvey Huggins', on Lexington and Harrodsburg and Perryville Pike; in precinct No. 4, Coffman's shop; in precinct No. 5, Woodard's shop, in Sulphur Well.' § 8. All laws and parts of laws in conflict with this act are hereby repealed. $9. That at the general election to be held in August, 1874, the provisions of this act shall be submitted to the qualified voters of Jessamine county, and if a majority. decide in favor of said act, it shall be the law and in full force and effect, otherwise to be null and void; but at said election there shall be two voting places in district. No. 2, one at Dr. Mizner's office in Nicholasville, and the other at Sulphur Well; and Il voters residing south of a line beginning at the south boundary line of Nicholasville, and running due east to the east boundary line of said district, shall vote at Sulphur Well, and all voters residing north of said line shall vote at said Dr. Mizner's office; and the voting places hereby created and established in said district No. 2 shall not be changed until after the August election in the year 1874. § 10. This act shall take effect from its passage. Approved February 23, 1874. 1874. Act to be submitted to people. CHAPTER 511. AN ACT to incorporate the Elizaville Station and Mayslick Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That a company is hereby created, under the name Corporate name. of the Elizaville Station and Mayslick Turnpike Road Company, for the purpose of constructing an artificial road, upon the McAdam plan, from Elizaville Station, Fleming county, to a point on the Maysville and Lexing. ton Turnpike Road on or near the lands of Major A. M. Peed, in Mason county. § 2. Said company shall have the right to construct a branch road, from near the residence of Dennis Burns, in Fleming county, to intersect with the Flemingsburg and Mayslick Turnpike Road on or near the lands of Hop Shanklin, in Mason county. May const:tict branch road. 3. The capital stock of said company shall be twelve Capital stock. thousand dollars, to be increased or diminished as the board of directors may determine, to be divided into shares of fiity dollars each. 1874. Books of subscription to be opened. Commissioners' names. gation. § 4. A book for the subscription of stock in said company shall be opened, at any time and place, under the direction of any two or more of the following named commissioners: A. M. Peed, C. W. Williams, W. T. Burns, P. O. Palmer, Dennis Burns, E. Bell, J. J. Allen, E. Burns, RH. Wilson, and A. G. Slicer. § 5. The subscribers for stock shall sign the following Subscribers' obli- obligation, which shall be written in a book kept for such purpose: "We, whose names are hereto subscribed, severally promise to pay to the president and directors of the Elizaville Station and Mayslick Turnpike Road Company the sum of fifty dollars for each and every share of stock set opposite our names, in such manner, and at such times and places, as shall be required by the president and directors of said company," which subscriptions may be collectable in the proper courts. corporation may organize. § 6. That when two thousand dollars shall have been When and how subscribed to the capital stock of said company, it shall be the duty of said commissioners, or one or more of them, to give notice of a meeting of the stockholders of said company, to meet at Elizaville Station, for the purpose of electing officers; said notice to be put up at three or more of the most public places on said proposed road, at least five days previous to said meeting, at which meeting at least two of said commissioners shall be present, who shall proceed to take the vote, by ballot or otherwise, in person or by proxy, of said stockholders, each stockholder having one vote for each share of stock held, for a president and four directors, who shall hold their offices for one year, and until their successors shall be duly elected and qualified. The time and place of election of officers, after the first election, shall be fixed by the president and directors, a majority of whom shall be competent to do business. The president and directoath, appoint of Ors, before they enter on the duties of their offices, shall take an oath before some justice of the peace that they will faithfully discharge the duties of the respective offices without favor, according to their best judgment. They shall appoint a treasurer and such other officers as they may deem necessary, who shall hold said office or offices until his or their successors shall be appointed, but removable by and at the discretion of the president and directors. The treasurer shall give such bond and security as the board of directors may require, the obligation to be made payable to them, conditioned that he will faithfully discharge the duties of treasurer of said company, and that he will, when called on, pay the amount of money in his hands to the order of said board, and that he will perform the duties required of him by the by-laws of said company. Directors to take ficers, &c. 1874. §7. The president and directors, when elected and qualified, shall be a body-corporate, in fact and in law, by the name of the "Elizaville Station and Mayslick Turnpike Name and style. Road Company;" and shall have perpetual succession, and all the privileges and franchises incident to a corporation; and shall be capable of taking and holding their said capital stock, and the increase and profits thereof, Corporate powers and of purchasing, taking, and holding, to them and their successors and assigns, and of selling, transferring, and conveying, in fee-simple or otherwise, all such lands, tenements, and estate, real or personal, as shall be necessary to them in the prosecution of their work; and to sue and be sued, plead and be impleaded, defend and be defended, in any of the courts of this Commonwealth, or any other place whatever; and to do all or every other thing which a body-politic or corporate may do. locate road. 8. The said company shall have power to locate and May lay out and lay out said road and branch, receive releases, in writing, of any person or persons willing to grant the right of way for said turnpike, the use of rock and timber for the same, without charge, which being so given shall be binding to all intents and purposes; and may take the steps authorized by the general law of the State to condemn the land over which said road is to run, and stone and other materials from adjacent lands. grade of road. 9. The company shall have power and authority, in May fix width a the construction of said road, to fix the width and manner of construction, its grade, and whatever else may appertain to such construction: Provided, however, The width of said road shall not be less than thirty feet, except in heavy cuts, and the width of metal not less than twelve feet. When construction contracts § 10. The company shall have power to contract for the making of any part of said road, when the amount of may be made. stock subscribed shall be sufficient to make three miles of said road; may designate the place for the toll-gates, and charge lawful tolls on all completed road. Qualifications of § 11. No person but a stockholder shall hold any office in this company. Vacancies shall be filled by the remain- officers. ing portion of the board by appointment until the regular annual election. § 12. If any stockholder shall neglect or refuse to pay his proportion of stock for thirty days after the time set for the payment thereof, every such stockholder, in addition, shall pay at the rate of one per cent. per month upon the installments so called, from the time the call was made, from every delay of such payment; and if payment be delayed six months after the time set for payment, such delinquent may, by order of the board of directors, forfeit his share or shares to the corporation, Penalty for stock holder failing to pay for stock. 1874. be crected, and tolis collected. together with all that may have been paid thereon; and the president, by order of the board, shall sell the said share or shares at public auction, having given ten days' notice: Provided, The same shall bring the balance due on said share or shares: And provided, That no stockholder shall be entitled to the rights and privileges of the corporation who is a delinqueut, as to the requirements of the president and directors. § 13. When said road from Elizaville Station to the When gate my Maysville and Lexington Turnpike shall be completed, it shall be lawful for the company to put up one full gate where its officers may direct, and collect toils thereat, notwithstanding said road may lack a fraction of five miles in length. avoidance of tollgate § 14. That if any person, with intent to defraud the Penalty for company, shall pass through any private bars or gate, or along or over any grounds or lands near or adjoining the said road or its branch, so as to purposely avoid paying. toll, or shall practice any device to avoid the just pay ment of toll, such person or persons thus offending shall, for every such offense, forfeit and pay to the company the sum of five dollars, recoverable before any justice of the peace in like manner as other debts of equal amounts, in the name of the said company. statement. § 15. The president shall, at the end of six months from President to the completion of the road, and every twelve months makesemi-annual thereafter, make out a balance sheet of the accounts, assets, receipts, and disbursements of the company for the inspection of the stockholders; and make dividends of the clear profits, if any, and pay the same to the shareholders. § 16. The president and directors shall require bond, Gate keepers to with good security, from toll-gatherers, for the faithful discharge of their duties. gve bond. § 17. It shall be lawful for the company to make a set Corporation may of by-laws, not inconsistent with this act and the Constimake by-laws, tution and laws of Kentucky. &c. road. County court § 18. That whenever the proper court of Mason county and the county court of Fleming county, or either or both may take stock in of them, shall be satisfied that a sufficient amount of stock has been subscribed in good faith, by responsible persons, to complete said turnpike road, including the county subscription hereinafter provided for, or that portion of said road lying in their respective counties, then it shall be the duty of such court to subscribe, on behalf of their respective counties, such an amount of stock in said road company as is now authorized by existing laws authorizing the county courts or presiding judges (as the case may be) of said counties to subscribe stock in turnpike road companies, and levy the necessary tax to pay the same, or authorize its payment out of any funds that may now be on hands in either of said counties not otherwise appropriated. §19. This act to take effect from its passage. Approved February 23, 1874. 1874. CHAPTER 512. AN ACT to confirm and legalize the acts of the police judge of the town of WHEREAS, William Manly was, on the day of May, 1873, duly elected police judge of the town of Lagrange, in Oldham county, and took the several oaths of office as required by law, but failed to get his commission from the Governor; and whereas, since his election, and taking the oaths of office aforesaid, and before the receipt of his commission, said Manly had rendered various judgments, and doubts are entertained as to the validity of said judgments; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all judgments and other proceedings rendered or done by said Manly as police judge of the town of Lagrange, from the time he took the oaths of office to the date of his commission, be, and the same are hereby, legalized and made as binding as if said Manly had been commissioned and qualified thereunder at the time said proceedings were had and judgments rendered. § 2. This act shall take effect from its passage. Approved February 23, 1874. Act of police judge legalized. CHAPTER 513. AN ACT to charter the South Carrollton Male and Female Academy. WHEREAS, Sundry citizens of the town of South Carrollton, Muhlenburg county, Kentucky, and the vicinity thereof, desirous of establishing a first-class high school, have, for that purpose, united and made arrangements for carrying into successful operation the purpose aforesaid; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the literary institution heretofore established Name instituin the town of South Carrollton shall be known as the tion. "South Carrollton Male and Female Institute." § 2. That John B. Hughes, Samuel M. Ross, A. G. Ferguson, Jack Davis, John W. Hewlett, and J. W. Wheeldon, Corporators' names. |