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1837.

May appoint

assessor.

Callector.

collected, annually, a tax on the property in the said town, now subject to taxation by the revenue laws of this Commonwealth; and shall also have the power to levy and collect the tax, annually, off the tythes in said town, provided it shall not exceed fifty cents on each tythe, and twenty five cents on each hundred dollars worth of property, to be appropriated and laid out by them for the improvement of said town; they shall also have power to appoint an assessor, annually, who shall be sworn to the faithful and impartial discharge of his duty; it shall be the duty of said assessor to make out and furnish to the Trustees, at such time as they may appoint, a list of the taxable property of each individual in said town, with the value attached thereto, and also a list of the lots and the value thereof which belong to individuals, who do not reside in town; said Trustees shall also have power to appoint a collector, annually, to collect the taxes assessed on the taxable property and tythes in said town, who shall give bond and approved security to said Trustees, for the faithful performance of his duty; and the said collector shall have power to make distress, and sell in the same manner as is now authorized by law in regard to Sheriffs in collecting the revenue and county levy in this Commonwealth; and said Trustees shall allow to the said assessor and collector an adequate compensation for their services..

SEC. 8. Be it further enacted, That should the office of TrusVacancies tee, Clerk, Assessor or Collector, become vacant by death, rehow filled. moval, resignation, or otherwise, it shall be lawful for a majority of the Trustees then in office to fill such vacancy. Approved, February 6, 1837.

CHAP. 228.-AN ACT to regulate the receiving of Wolf Certificates.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, it shall be the duty of the Auditor to receive all Wolf certificates which have been, or may hereafter be given by any Justice of the Peace of this Commonwealth, stating that the skin of the head or scalp was produced before him as well as head, as now required by law. Approved, February 6, 1837.

CHAP. 229.-AN ACT to establish the town of Port Royal in Green county

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Hutty B. Hutchason, William Trustees ap- Hawks, William Cavin, John Turner, Edward Lewis and pointed. Leonard Goff, be, and they are hereby appointed Trustees for the town of Port Royal, which they are hereby authorized and required to lay off and establish on the lands of said Hutty B.

--Hutchason on the north side of Green river in Green county, and immediately opposite the mouth of Little Barren river; who, as well as their successors in office, shall have the same power and authority, and perform the same duties as are given and imposed by the general laws of this Commonwealth, in relation to Trustees of towns.

1837.

-When

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SEC. 2. Be it further enacted, That the said Trustees shall remain in office until the first Monday of May, 1838, pointed. on which day, and each succeeding first Monday in May in every year thereafter, the free male inhabitants of said town," of the age of twenty one years and upwards, shall meet at such place as may be designated by said Trustees in said town, and choose by vote, viva voce, five fit persons, for Trustees to serve for one year, and until ther successors are duly elected.

SEC. 3. Be it further enacted, That the Trustees hereby appointed, and their successors, shall appoint a town Clerk, who shall continue in office for one year after his appointment, and until a successor may be appointed, whose duty it shall be to keep a fair record of the proceedings of the Trustees, and give public notice, by advertisement in said town, at least ten days previous to any election of Trustees; and he shall, together with two Trustees, conduct all elections and declare the persons elected, and make a record of the same.

Shall appoint

a clerk, his du

ties.

Trustees to

SEC. 4. Be it further enacted, That the Trustees hereby appointed, together with their Clerk, shall, within one year from lay off plan. this date, lay off said town of Port Royal, by streets, alleys, and lots, in such size and manner as they may deem best, so as not to extend beyond the bounds of said Hutchason's land, and make out two fair plans, or plats of the same, one of which they shall, within three months after the same is laid out, be lodged in the Clerk's office of the Green county court, who shall record the same.

May pass

SEC. 5. Be it further enacted, That the Trustees herein adpointed, and their successors in office, a majority of them con- by-laws. curring therein, shall have power to pass all by-laws and ordinances for the governing and regulating said town, which they, from time to time, may deem advisable, provided they be not contrary to the consititution and laws of this State.

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SEC. 6. Be it further enacted, That the Trustees hereby appointed, shall have power and authority to fill any vacancy or cancies. vacancies which may occur in their Board, of those who may remove out of the county or State, die, resign, or refuse to act; and should the citizens at any time fail to elect Trustees, those in office shall still continue to act, until an election may be held and others chosen in their place.

Approved, February 6, 1837.

CHAP. 230.-AN ACT to allow addditional Justices of the Peace to Barren and

Ohio counties.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an additional Justice of the Peace

1837.

be, and is hereby allowed to the county of Barren, by reason of a necessity therefor in the town of Glasgow.

SEC. 2. Be it further enacted, That there shall be two additional Justices of the Peace in Ohio county.

Approved, February 6, 1837.

CHAP. 231.-AN ACT to incorporate the Henderson and Nashville Rail Road

Company.

SEC. 1. Be it enacted by the General Assembly of the CommonPurpose of wealth of Kentucky, "That for the purpose of establishing a comincorporation. munication, by rail road, between the town of Henderson, by

Capital.

Books when to be opened.

son.

way of Madisonville and Hopkinsville, to Nashville, through the States of Kentucky and Tennessee, the formation of a company, to be called the Henderson and Nashville Rail Road · Company, is hereby authorized, which, when formed, shall have corporate existence in each of the States aforesaid.

SEC. 2. Be it further.cnacted, That the books for subscriptions for fifteen thousand shares of capital stock for said company. of one hundred dollars each; shall be opened on the first Monday in June next, and shall be kept open for sixty days, between the hours of ten o'clock in the morning, and four o'clock in the evening of each of those days, at the following places, and at such other places in the United States, as the following commissioners Commission- may designate: in the town of Henderson, Wyatt H. Ingram, ers in Hender- George Atkinson, James Rouse, John D. Anderson, Geo. Gayle, and James Alves; in the town of Madisonville, Samuel WoodMadisonville, son, John Ray, Alfred Towns, John B. Frost, Willis Younger, and E. W. R. Woodford; in the town of Hopkinsville, David Hopkinsville. Glass, John H. Phelps, John P. Campbell, Absalom Stites, Fidelio C. Sharp; in the city of Nashville, Ephraim M. Foster, Andrew Hines, Thomas Crutcher, Thomas Washington, George Yerger, Esq. who shall have the power to appoint three or more persons, in the towns in the State of Tennessee, to open books for a similar purpose, and to fix such days as they may think proper, before the first day of June next, for openBoard may ing books; and the Board of Internal Improvement, for the designate other State of Kentucky, shall have power to appoint three or more places to open persons as commissioners, in any of the cities or towns of the State of Kentucky, or of the United States, to open books for the same purpose, and to prescribe the time for opening the

Nashville

books.

subscriptions.

same.

SEC. 3. Be it further enacted, That the commissioners, or a Commission- majority of them, at each of the places named, or such as may ers to receive be named and designated, shall receive subscriptions for stock in the said rail road company, during the times the said books are directed to be kept open; and on each share, so subscribed, First pay shall demand and receive the sum of five dollars, without which the subscription shall be void.

ment.

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Funds to be

Central com

missioners

SEC 4. That so soon as the time for receiving subscriptions, so as aforesaid, shall have expired, the said commissioners shall respectively deposite all the money so received by them, in some incorporated bank, redeeming its notes in specie, in the placed in Bank State where the notes shall have been received, to the credit of the Henderson and Nashville Rail Road Company; and shall also forward a correct list of all the subscribers to the said stock, with the number of the shares each subscriber has taken, to a central commission, to be composed of the following persons: Wyatt Ingram, of Henderson; Samuel Woodson, of Madisonville; Fidelio Sharp, of Hopkinsville, and Ephraim when & where M. Foster, of Nashville, who, or a majority of whom, shall to meet. meet at the town of Hopkinsville, in the State of Kentucky, on the first Monday in November next, and ascertain the whole number of shares, taken in said company, and publish the same in some newspaper in the city of Nashville, and the town of Hopkinsville, on or before the third Monday in November next; and if the number of one thousand shares shall have been subscribed, on each of which there shall have been paid the sum of five dollars, the Henderson and Nashville Rail Road Company shall be regarded as formed; and the said central com- ganized. mission, or a majority of them, shall sign and seal four dupliplicate declarations to that effect, with the names of all the subscribers appended, and cause one of those duplicates to be deposited in the office of the Secretary of the States of Kentucky and Tennessee; and thenceforth, and from the day of closing of the books of subscription, as aforesaid, the said subscribers of the stock shall form one body, politic and corporate, in deed and in law, in the States aforesaid, by the name and for the purpose aforesaid.

To publish

the amount of stock taken.

Company or

Vacancies to:

SEC. 5. That in case any of the persons forming said central commission, shall not attend at Hopkinsville, on the said first be filled. Monday in November next, or attending, should refuse or be unable to act, the remaining member or members of said central commission, shall forthwith fill the vacancy; and the person or persons, so appointed, shall constitute a part of said commission.

States and

SEC. 6. But if, on closing the books aforesaid, the number of one thousand shares shall not have been subscribed, then, corporations to and in that case, the said central commission, by themselves, or subscribe. their agents, may receive subscriptions from any of the States of Indiana, Kentucky, Tennessee, South Carolina, Georgia, and also from individuals, or bodies corporate; until the number of ten thousand shares shall have been subscribed: Provided, The same shall be done, on or before the first day of January, eighteen hundred and thirty nine; and when the said number of fifteen thousand shares shall have been subscribed, if the same shall be done, on or before the day last aforesaid, or on that day, if a less number, but amounting to fifteen thousand shares or more, shall have then been subscribed, the said subscriptions shall be closed, the subscribers shall thenceforth

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to be scaled.

form a body corporate, as aforesaid; and the declaration thereof shall be made and deposited in the offices of the Secretaries of State, in manner aforesaid; subscriptions for stock, received by the said central commission, or their agents, shall be accompanied with the certificate of some specie paying bank, in some of the said States, that an amount equal to five dollars on each share subscribed, has been deposited therein, by the subscribers, to the credit of the said company.

SEC. 7. In case more than ten thousand shares shall have Subscriptions been subscribed, on closing the books, when they are first opened, the shares shall be reduced to that number, by deducting the surplus shares from the highest subscribers, placing them on equality of numbers, as far as can be done; and, after such reduction, the holders of the remaining shares shall form the company, and be interested therein, in proportion to the number of shares which they may then respectively hold.

If stock

is

not taken, payment to be re

turned.

red.

Spc. 8. If, on closing the books, on the first day of January, in the year of our Lord one thousand eight hundred and thirty nine, the number of one thousand shares shall not have been subscribed, the money paid by each subscriber shall. be returned to him, by one or more of the commissioners who received it, endorsing on the receipt given for it, a check on the bank where it has been deposited, which the bank shall be bound to pay, only in case the central commission, or a majority of them, shall have published a declaration, that the forma tion of the company has failed, for want of fifteen thousand shares being subscribed..

SEC. 9. The said Henderson and Nashville Rail Road ComCorporate pany, so formed as aforesaid, shall have perpetual succession powers confer of members, may have a common seal, may sue and be sued, plead and be impleaded, in any court of law or equity, and may make all such regulations, rules, and by-laws, as are necessary for the government of the corporation, or effecting the object for which it is created: Provided, Such regulations, rules, and by-laws, shall not be repugnant to the laws and constitutions of the said States, or of the United States: Provided, That notice or service of process, upon the principal ostensible agent of the company, in the State from whose court that process emanated, shall be deemed and taken to be due and lawful notice or service of process upon the company, so as to bring it before the court.

directors.

SEC. 10. The affairs of the said company shall be managed Residence of and directed by a general board, to consist of ten directors, of whom four shall be elected from stockholders residing in the State of Kentucky, and three from the stockholders residing in the State of Tennessee, and the remaining three shall be elected from among all the stockholders, without regard to their place of residence.

President.

SEC. 11. The president of the company shall be elected by the directors, from among their own members, in such manner as the regulations of the corporation shall prescribe.

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