1854. CHAPTER 175. 5 AN ACT for the benefit of School District No. 38, in Breckinridge county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the commissioners of common schools in Breckinridge county be and they are hereby authorized to report to the superintendent of public instruction the schools taught in school district No. 38, in said county, for the year 1852, and when the same is properly reported the superintendent is hereby authorized and directed to draw his warrant on the auditor of public accounts for the amount that may be due said district. Approved February 11, 1854. CHAPTER 177. to be charged. AN ACT for the benefit of the Shelbyville and Louisville Turnpike Com pany. §1. Be it enacted by the General Assembly of the CommonRates of toll wealth of Kentucky, That it shall be lawful for the Shelbyville and Louisville Turnpike Road Company to take, receive, and collect on the branch road which they are now making, the same rate of toll which they are now by law authorized to collect at the present gates on their original road; and when they shall have completed the bridges on said branch road, and finished two and a half miles thereof by metalling the same in the usual way, twenty feet wide, they shall have the right to erect a toll gate thereon, and to collect half toll until said branch is fully made; and they shall keep up said branch and original road twenty feet wide as aforesaid, all in good repair. Number of § 2. It shall be lawful for the new stockholders, as well as the old or present stockholders of said company, to votes for each have one vote for each and every share of stock fully paid up, at all meetings of the stockholders of said company. share. §3. That said company shall be and they are hereby When to be required to finish and complete said branch road by or before the first day of February 1857, or otherwise the charter of the same shall be null and void. completed. Approved February 11, 1854. Board of di CHAPTER 178. AN ACT to amend the charter of the Maysville and Big Sandy Railroad Company. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Maysville and Big Sandy pose of bonds of Railroad Company shall have power and authority to iscompany. sue, negotiate, and sell any amount of the bonds of said rectors may dis company deemed necessary by the board of directors, at =such times, upon such terms, and bearing such rates of interest as to said directors may seem advantageous, in order to raise means for the equipment, completion and operation of their railroad; and that the payment of said bonds, principal and interest, may be secured in the discretion of the said board of directors, by mortgage on the road and any other property owned and held by the company, or by guaranties or indorsements of other corporations as authorized by the 7th section of the act, entitled, "an act to amend an act, entitled, an act to incorporate the Maysville and Big Sandy Railroad Company," approved November 25th, 1851. §2. That the said Maysville and Big Sandy Railroad Company shall have power and authority to unite with the authorities of Virginia, or with any railroad company or companies, either of Kentucky or Virginia, in building a bridge or bridges, at or near the mouth of Big Sandy river, so as to effect a junction of the tracks of the Virginia and Kentucky railroads; and such bridge or bridges may be so Cost structed as to accommodate not merely all transport by railroad, but the ordinary travel and transport of the country, by other modes of conveyance, across said river; and may charge and collect tolls for the passage of men, horses, mules, cattle, sheep, hogs, and all other animals and freights of all discriptions, carriages and other vehicles," at such rates as may be established by the board of public works of Virginia and the board of internal improvement in Kentucky: Provided, that in the construction of such bridge or bridges, there shall be a draw over the main channel of the river sufficient in width to admit the passage of the largest class of boats usually navigating said. river. 7 May build bridges over the conditions. §3. That the said Maysville and Big Sandy Railroad Company shall have power and authority to unite with any Ohio on certain other railroad company of the state of Ohio, in building a bridge or bridges over the Ohio river, at any point or points between Maysville and Big Sandy river, for the purpose of effecting a junction of the railroads reaching the Ohio river from either side thereof: Provided, that the heighth and width of spans of such bridge or bridges shall be such as to admit the free passage of the largest class of boats usually navigating said river, or be constructed in such a manner as not to interrupt the navigation of the said river; and should the corporations uniting to build said bridge or bridges, deem it advisable so to do, they shall have power and authority to construct said bridge or bridges so as to accommodate the transit of passengers, animals, vehicles, or freights other than those transported by rail road. May acquire title for alte of § 4. That the said Maysville and Big Sandy Railroad Company shall have the same power and rights to acquire bridges, &c. 1854. ferry franchises. title to the site of bridges on the Big Sandy and Ohio rivers, and right of way thereto, and to procure all necessary rock, stone, timber, earth, gravel, &c., for building bridges, as are conferred upon said company by its charter in reference to right of way, and materials, &c., for the track of said road. § 5. That the said Maysville and Big Sandy Railroad May acquire Company, shall have power and authority to acquire ferry franchises on the Big Sandy and Ohio rivers, or any of the tributaries of the Ohio river, on the line of their road, in whole or in part, to facilitate the transit of passengers and freight, and to use and enjoy the same in the same manner and under the same restrictions, provisions, and privileges applying to individual holders of ferry franchises under the laws of this state. Legislature to investigate affairs, &c. Responsible for all damages, &c. slaves shall, § 6. That said bonds, authorized by the first section of this act, may, in the discretion of the board of directors of said company, be made convertible into stock of the said company, at the pleasure of the holder or holders thereof. § 7. That the said company shall lay before the legisla ture of this state a correct statement of the tolls received for passing any bridge or bridges they may build or aid in building across the Ohio river, and also the cost for keeping the said bridges in repair, and of the other expenses of the said bridge or bridges; and the said company from time to time, reduce the rates of toll on said bridges so that the net profits shall not exceed twelve per centum per annum, after the proper deductions are made for repairs and other charges on said bridges over the Ohio river. Toll gates may be kept and toll received at each end of any of said bridges, and the rates of toll shall be posted up in some conspicuous place where the toll is demanded. § 8. That the said company shall be held liable and responsible, by any appropriate action, for all injuries sustained by vessels or boats, rafts of plank or timber or other lumber passing up or down the Ohio river, in consequence of the construction of said bridge or bridges across the Ohio, unless the injuries are caused by negligence. § 9. That it shall be unlawful for said company, their Penalty for per agents, or officers, to suffer or permit any slave or slaves to pass over said bridge or bridges across the Ohio river, without a written request of the owner or owners of such slave or slaves, or without said slave or slaves shall do so in company of such owner or owners; and said company shall be liable to pay said owner or owners for every slave, so permitted to pass, the full value of said slave or slaves, to be ascertained by the verdict of a jury, together with a penalty of ten per centum thereon, to be assessed by a judgment of a court, and all costs of suit, which shall be recovered by appropriate action in any court of competent and proper jurisdiction. Approved February 11, 1854. CHAPTER 179. AN ACT to amend the act incorporating the Carrollton and Eagle Creek § 1. Be it enacted by the General Assembly of the CommonA wealth of Kentucky, That the nineteenth section of an act, entitled, an act to incorporate the Carrollton and Eagle Creek Turnpike Road Company, approved March 7, 1850, be so amended that said company shall be required to cover the said road with metal or macadamized stone to the width of not less than ten feet. § 2. That an act, entitled, an act to amend the law incorporating the Carrollton and Eagle Creek Turnpike Road Company, approved February 10, 1851, be and the same is hereby repealed. Approved February 11, 1854. CHAPTER 180. AN ACT to amend the charter of the Richmond and Lancaster Turnpike toll Where gate may be § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the president and directors of the erected. Richmond and Lancaster Turnpike Road Company, shall hereby be authorized to erect a toll gate within one-half mile of the court house of Lancaster. § 2. That when three miles of said road are completed, and two justices of the peace for Garrard county shall certify to the Garrard county court, that the same has been constructed in substantial conformity to the charter of said company, the said court shall make an order allowing said company to erect said toll gate, and receive and collect one-half the tolls named in the original charter for every five miles of said road. § 3. This act shall take effect from its passage. Approved February 11, 1854. Half gate may be put up. CHAPTER 181. AN ACT extending the limits of the city of Maysville. § 1. Be it enacted by the General Assembly of the Common Limits extended wealth of Kentucky, That the limits of the city of Maysville be and the same are hereby extended so as to include all to-wit: beginning at a point in the centre of the present Boundary. 1854. surveyed. ern end wall of the beef and pork packing house of Gur ney & Dodson; thence with the brow of the hill south of said city to the ravine on the land of John Newdigate, near the Maysville powder magazine; thence with the general course of said ravine to the Maysville and Lexington turnpike road; thence by a straight line to the corner of Armstrongs pasture lot, on the top of the hill known as the "Sugar Loaf;" thence with the brow of said hill westward, to a point in the centre of Beasley's run where the Mays. ville and Bracken turnpike road crosses the same; thence down Beasley's run to its mouth in theOhio river; thence up the said river to the beginning: Provided, however, that the property and population hereby added to the said city shall exempt from any tax heretofore imposed by a vote of said city. § 2. That it shall be the duty of the city council of the Boundary to be city of Maysville, to cause the boundaries of said city, as established by this act, to be accurately surveyed, and durable monuments of the boundary to be erected at the several corners thereof; and to cause a plat of the city to be made agreeably to said boundary, and have the same recorded in the clerk's office of the Mason county court. Approved February 11, 1854. CHAPTER 184. AN ACT supplemental to an act, entitled, an act to incorporate the Winchester Cemetery Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act incorporating the Winchester Cemetery Company, passed at the present session of the general assembly, shall be in force and take effect from and after the passage of this act. Approved February 11, 1854. CHAPTER 185. AN ACT to incorporate the Big Sandy Coal and Mining Company. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Samuel Boggs, Frederick Hardman, and John H. Empson, and their associates and suc cessors, be and they are hereby created a body corporate, Corporate name by the name and style of the "Big Sandy Coal and Mining Company," and by that name shall have perpetual succession, may contract and be contracted with, sue and be sued, plead and be impleaded; and are hereby declared and made capable in law to take, purchase, hold, and possess lands, tenements, goods, chattels, and effects necessary for the purposes of said corporation, and the same to sell, and powers. |