grant, alien, and dispose of at pleasure; have a common seal and alter or renew the same at will; and may make all necessary by-laws for the government of said company, 2 consistent with the laws of this state and the United = States. § 2. That said company shall have power to appoint all necessary agents, whether members of said company or not, to manage and control the business of said company according to rules and by-laws adopted by a majority of = said company. 1854. May appoint necessary cers. ed. offi. §3. That said company may hold real estate by lease Privileges grantor purchase, and all such personal estate as they may deem necessary to carry on the coaling and mining business in Pike and Floyd counties, and to have the same conveyed to any market. cessary roads. May build ne. §4. For the purpose of transporting coal, said company shall have power to construct railroads, with single or double tracks, starting at or near their coal banks in Pike and Floyd, and running the route deemed most practicable by them to any point at low water mark on the Big Sandy river, with as many latteral roads leading from their mines, to intersect their main roads, as they think proper, and shall have power to repair and keep up the same; and said company, their successors, or agents, are hereby empowered to take possession of and acquire the right of way for said roads, with sufficient ground at or near the commencement of said roads and their termination, for depots and all necessary buildings, yards, landings, &c., not to exceed three acres at each end of the main road, and not to interfere with the buildings of the owner or owners of the land. Said company shall pay for said land the amount awarded by a jury of twelve men, competent venire men under ex- procured. isting laws, summoned by the sheriff or coroner of the county in which the lands sought to be condemned are situated, summoned under an order of the circuit or county judge of the county; and said order shall be issued on the application of either party. The jury shall take into consideration the value of the land, the damage to the owner thereof, as well as the probable advantage to him arising from the construction of said road: Provided, no jury need or shall be summoned under the provisions of this act, if the owner of the lands cued to carry this act into effect, and the company can agree upon its value and the terms of sale. be sworn to discharge the duties imposed hereby according to their best skill and judgment, without favor or par tialitery required and authorized herein shall 95. Said company shall cause a book to be opened and kept, subject at all times to the free inspection of any member of said company, in which shall be registered the names of all the members of said company, the number of shares of capital stock owned by each member; and said shares rail. How right of way, &c. to be Stock book to be kept. 1854. may be transferred in said book in the manner prescribed by the by-laws of said company; and each member shall share the profits and be liable for the losses of said company to the extent of the stock owned by him in said company. § 6. The capital stock shall be fifty thousand dollars, in Capital stock shares of fifty dollars each, and may be increased to the may be increas. ed. sum of two hundred and fifty thousand dollars, at the discretion of said company; and said capital stock shall be subscribed and paid for upon upon such terms and according to such rules and regulations as the company may desig nate in their by-laws and ordinances. § 7. The general assembly reserves the right to modify, alter, or repeal this charter at pleasure. Approved February 11, 1854. CHAPTER 186. AN ACT to authorize the Marshall, Hart, Livingston, Hancock, and Calloway County Courts to change election preciucts and voting places in said counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Marshall, Hart, Livingston, Hancock, and Calloway county courts be and they are hereby respectively authorized to alter or change the election pre cincts and magistrates' districts, and the places of voting in such districts, in said counties, upon the petition of a majority of two-thirds of those who may be affected by such change: Provided, that no such change shall be made within sixty days next preceding an election Approved February 11, 1854. CHAPTER 187. AN ACT to change the place of voting in District No. 7, in Shelby county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in district, No. 7, in Shelby county, shall be at Harrisonville, in said district, instead of at the house of Josiah Daniel, as heretofore. Approved February 11, 1854. CHAPTER 188. AN ACT to change the voting place in District No. 6, in Pulaski coünly. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the voting place in district No. 6, in Pulaski county, be and the same is hereby changed to the school house on the road at the gap of the ridge near the residence of John Bobbett, instead of the place at which the elections were heretofore held; and that said district shall hereafter be known as the Dallas district. Approved February 11, 1854. 1854. CHAPTER 189. AN ACT in relation to the election precincts in Cumberland county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county court of Cumberland county be and it is hereby authorized, at any of its regular terms, upon the petition of a majority of those affected thereby, to alter and change any of the lines of the voting precincts in said county, and establish additional voting places in either of said districts: Provided, that no such change or alteration shall take place within sixty days of any regular election. Approved February 11, 1854. CHAPTER 190. AN ACT to change the line between the first and third election and Magistrates' Districts in Jessamine county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the third election and magistrates' district in Jessamine county as is included in the following boundaries, to-wit: Beginning at a point on the northern end of said third district where the Goggin's ferry road crosses Hickman creek; thence down Hickman creek to the point where the Chrisman's mill road crosses Hickman creek, and thence with said Chrisman's mill road to the Iron Works road, be and the same is hereby added to the first election and magistrates' district in said county. Approved February 11, 1854. CHAPTER 191. AN ACT establishing an additional Magistrates' and Constable's District in Boone county. Commissioners er district. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James N. Stephens, Moses Rice, to lay off anothJohn C. Green, John P. Scott, and James L. Wilson, of Boone county, any three of whom may act, be and they are hereby appointed commissioners to lay off an additional magistrates' and constable's district in the county of Boone, to be composed of territory now included in the Burling 1854. held therein. ton and Carlton districts in said county; said additional district, when so laid off, shall form an additional election precinct in said county; and said commissioners shall fix the place of voting therein at or near Belleview, and shall report the same, together with the boundaries of said district, for record, to the county court of said county at or before its July term in the year 1854: Provided, that the magistrates and constables now in office in said district, shall continue to hold their offices therein, and exercise their jurisdiction in all respects as they now do, until the term for which they were elected shall have expired. § 2. That at the time for holding the next regular elec Election to be tion of magistrates and constables in Boone county, and at every succeeding election for such officers, there shall be elected in said district two justices of the peace and one constable, who shall be subject to the penalties, and perform the duties now pertaining to like officers. Approved February 11, 1854. poration. rules for government. CHAPTER 192. AN ACT to incorporate the Trustees of the Carlisle Collegiate Institute. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John M. Chevis, Fitch Munger, Wm. W. Fritts, Archer S. Waugh, Thomas E. Quisenberry, Henry Pickerel, James A. Chappell, Edmund P. Buck ner, William Norvell, John F. McMillan, Joseph F. Tureman, Thompson S. Parks and William P. Ross, and their successors in office, shall be and they are hereby constitu ted a body politic and corporate, to be known by the name Style of incor- and style of the Trustees of the Carlisle Collegiate Insti tute; and by that name may sue and be sued, plead and be impleaded in any court of law or equity in this comPower to make monwealth; and they may make such by-laws, rules, and regulations for the government of said institute, and for the control of the property thereof, as they may deem prop er and expedient, which said by-laws, rules, and regula tions shall have the same force and effect as if incorporated into this charter: Provided, the same shall not be inconsistent with any of the provisions of this act, and not contrary to the constitution and laws of the commonwealth. A majority of said trustees shall constitute a quorum to do business pertaining to the interests of said institute; Power to ap they shall have power to appoint some one of their body as president of the board, and in his absence may appoint a president pro tem. whose duty it shall be to call the meetings of the board from time to time, and preside at all the meetings of the trustees. They shall also have the power rer, and other of appointing a clerk, a treasurer, and any other officer necessary to be appointed. They shall have power to point president, &c. and the duties of same. Clerk, treasu officers appoint. ed. 1854. appoint a principal professor or teacher, for any period of time not exceeding one year, and such assistant teachers or professors as they may from time to time deem necessary. They shall cause a fair record of all their official proceedings to be kept by the clerk of the board of trustees. If any of the trustees hereinbefore named, shall fail or refuse to act, or should the office of trustee become vacant from any cause whatever, a majority of the remaining trustees shall fill the vacancy; but no such vacancy trustees filled. shall be filled until the number of trustees herein appointed shall be reduced below five; and to avoid all sectarian influence in the government of said institute, the trustees in filling the vacancies that may occur in their board from time to time, shall not appoint more than one person belonging to any one denomination of religionists, §2. That said institute shall be a male and female institution, and it shall not be in the power of the trustees to change its character in that respect. How vacancies in board of Trustees may receive subscrip. §3. That said trustees are authorized and empowered to receive subscriptions and donations in money, to any tions. amount not exceeding ten thousand dollars, to be applied by them in purchasing grounds and erecting suitable buildings, and for the further purpose of procuring the neces sary furniture, chemical and philosophical apparatus, books, &c., for the use of the institution. And the trustees shall have power to collect, by law, said subscriptions of money, before any court having jurisdiction of the amount so subscribed. Right to real and personal estate. Not necessary seal. § 4. That the corporation hereby created shall have full power to acquire and hold, by purchase, gift, devise, or otherwise, all such lands, tenements, hereditaments, money, or other property, as said trustees may think proper to purchase, or such as may be given, devised, or bequeathed to them for the use and benefit of said institute. It shall not be necessary for said corporation to procure or use a to have common common seal, but all its corporate acts shall be manifested and made known by the signature of the president affixed thereto, or by some entry or memorandum made on the record of the proceedings of said corporation; and all contracts, deeds, writings, and conveyances made and entered into in the name of the trustees of the Carlisle Collegiate Institute, and signed by the president thereof in his official capacity, shall be as valid and effectual in law as if said corporation had a common seal, and the same was affixed thereto in due form. This act shall take effect immediately. Approved February 11, 1854. |