necessary to them in the prosecution of their work, or for the erection of toll gates, and to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in courts of record or any other place whatever; and also to have a common seal and to do all and every other matter or thing which a body politic or corporate may lawfully do. 1836 lars on each SEC. 3. Be it further enacted, That the said presi- President and dent and directors upon their entering on the duties directors may of their office, may call upon the stockholders for the call ten dolpayment of ten dollars on each share subscribed in share, and ten said stock; and may if necessary, call for ten dollars dollars every on each share every sixty days, until the whole a- sixty days. mount subscribed shall be paid. And if it shall be ascertained that the amount of capital is not sufficient to accomplish the object of this act, the said president and directors, may enlarge the same to such amount as they may deem necessary, and open subscription therefor in such manner as they may di rect. May increase capital stock. How stock to SEC. 7. Be it further enacted, That the number of votes to which each stockholder shall be entitled, ac- be voted upon. cording to the number of shares he shall hold, shall be in proportion as follows: For every share under five, one vote; for every two shares over five, and not exceeding ten, one vote; for every four shares over ten, one vote; and after the first election no share or shares, shall confer a right of voting which shall not have been holden three months previous to the election. The stockholders may vote in person or by proxy; and none but citizens of the counties through which the road may run, and a stockholder, shall be eligible as president, directors or treasurer; and the president and directors shall cease to be such on his or their ceasing to be a stockholder. The annual election for a president and directors shall be held on the first Monday in April, at such place as the president and directors may direct; at which time the president shall lay before the stockholders an expose of the situation of said company, and also the record of their proceedings for the preceding year. Who shall be sident and dieligible as prerectors and treasurer. Time of hold ing the annual elections, president to lay holders an expose, &c. before stock SEC. 8. Be it further enacted, That the president Manner in and directors, shall deliver a certificate signed by the which certifi president and countersigned by the treasurer, and cates of stock sealed with the seal of the corporation, to each per- ed and how son for every share by him subscribed and held, transferable. E are to be issu 1836 of directors. which certificate shall be transferable on the books of said corporation in person or by attorney, but no share shall be transferred, until all calls and arrearages are paid thereon. The original certificate of the share or shares transferred, shall be surrendered, and a new certificate issued to the purchasers, who shall be a member of said corporation, and entitled to all the privileges and benefits that the original owner was entitled to. SEC. 9. Be it further enacted, That the president President may may call meetings of the directors at such times and call meetings places as he may think proper. A majority of all the Majority shall directors shall be necessary for the transaction of buform quorum. siness. They shall keep a record of all their proceedings, to be entered into a book to be provided for that purpose, and shall be signed by the president, and in case of the absence of the president, the directors shall elect a president pro tempore, and they may adjourn from time to time, as they may think proper. When direc tors may ap point president pro tem. sident and directors. SEC. 10. Be it further enacted, That the president Powers and and directors, shall have power and authority, to agree duties of pre- with and appoint all such surveyors, engineers, superintendants, artists and officers, as they shall judge necessary to carry on the contemplated work, and to fix their salaries or wages, to prescribe the time, manner and proportions in which the stockholders shall make payments on their respective shares to carry on said work; to draw orders on the treasury for all money's necessary to pay the salaries or persons employed, and for labor and materials furnished, and to do all such other matters and things as by this charter and the by-laws of the corporation, they are, or shall be required to do. calls to be and how. calls on stock. SEC. 11. Be it further enacted, That the president Notice to be shall give notice in the newspapers printed in Maysgiven of the ville or Flemingsburg or Mountsterling, for at least made on stock thirty days, of the amount of the call on each share of stock, and of the time of payment. And if any Penalty for stockholder shall, neglect or refuse to pay his proporfailing to pay tion of the stock, for the space of thirty days after the time appointed for the payment thereof, every stockholder shall, in addition to the instalment so called for, pay at the rate of one per cent per month for every delay of such payment; and if he shall fail to pay the amount of such call and the penalty aforesaid, for the space of six months after the time such payment is required, he shall forfeit said share or of calls & for- shares to the corporation, and the amount that shall Stock may be forfeited for non-payment 1836 Proviso. have been paid thereon, and the president by order of the directors shall sell the said shares at public sale, having advertised the same for ten days. Pro- feited shares vided, The same will bring the amount of the bal- may be sold. lance due on said share or shares; And provided, That no stockholder shall vote at any election or be entitled to any of the rights of a member of said corporation, unless the whole amount due and payable as aforesaid, on the share or shares by him held, shall have been paid agreeably to the requisitions of the president and directors. President and directors may employ agents artists &c. May enter up. on lands, en closures, &c. and for what Route upon to be located. Plat and sur SEC. 12. Be it further enacted, That the president and directors, shall employ such surveyors, engineers, artists and chain carriers, as they may think proper and necessary; and they are hereby authorised to enter in and upon the land and enclosures, public roads and highways, in, through and over which said intended road may be thought proper to pass, and examine and survey the ground most proper for that purpose, and to examine quarries or beds purposes. of stone and gravel and other materials necessary for the completion of said road; and they shall locate the said road from the east end of Maysville to which road is Mountsterling, through the points designated in the charter, over the best and most practicable ground in their discretion, a majority of said president and directors concurring in said location; and they shall cause a plat of the said road as located to be made vey thereof to out and lodged with the treasurer of said company. be made. SEC. 13. Be it further enacted, That when the said president and directors, shall have agreed upon the route or tract for said road, or part thereof, it may and shall be lawful for them, by and with their superintendants, engineers, artists, workmen and laborers, with their tools and instruments, carts, wagons, sleds and other carriages, and beasts of draught and burden to enter upon the land or lands, in, over, contiguous to, and near to which the route or tract of said road or any part thereof shall pass, having given notice to the proprietor or proprietors thereof if residents, and if non-residents, femes covert or infants to their agents, husbands or guardians, and for them to take and use any earth, stone, gravel, timber or other material, necessary or convenient for the making or repairing said road, making proper compensation to the owner or owners of said land, if they can agree, but with owners in the event of disagreement as to the compensation of land as to After route is enter on lands located may &c. with their agents, &c. Notice to be first given to proprietors of the land. May agree 1836 sation for right of way. Manner in which they for damages which the owners of land shall be entitled to, it shall be lawful for said president and directtheir compen- ors to apply to some justice of the peace for the county in which the land lies for a writ in the nature of a writ of ad quod damnum, and the said justice. shall be, and he is hereby authorised and required to issue said writ, directed to any constable or sheriff of his county, commanding him to summon twelve discreet house keepers, who shall not be stockholders in said company, nor related to the person or persons claiming damages, to meet at some certain place on the route or tract situated as aforesaid and at the time mentioned in said writ. shall proceed if they cannot agree. be held. SEC. 14. Be it further enacted, That it shall be Before whom the duty of some justice of the peace for the county and the man- wherein the land lies, to attend at the time and place ner in which mentioned in said writ, and conduct and preside over inquest damages shall said inquest; and upon being satisfied by proper evidence, that the proprietor or proprietors of the land in question, if residents, and if non-residents, femes covert and infants, their husbands, agents or guardians, have had three days notice in writing of the proposed inquest, together with the time and place of holding the same, he, the said justice, shall administer to the jurors summoned as aforesaid, the following oath or affirmation: "You and each of you, do solemnly swear (or affirm as the case may be) that you will impartially and to the best of your skill and judgment, view the land, (or stone quarries, earth, gravel, or other materials as the case may be,) proposed to be appropriated to the use of the president and directors of the Maysville and Mountsterling turnpike road company, and taking into view the advantages and disadvantages, if any, that the owner will sustain, impartially ascertain the damages, if any, that the owner will sustain thereby." SEC. 15. Be it further enacted, That the said jury Verdict of shall return their verdict in writing designating and jury, how to describing therein as clearly as they can, the quantity be rendered. con &c., of ground condemned by them for the founda- 1836 Duty of justice of the peace before Fees to the the peace, to keep a record of said proceedings, in the same manner he does other judicial proceedings held before him, and within thirty days return a copy of the inquest of the jury, to the clerk of the county court, to be recorded in the office; for the recording whom inquest of which he shall receive seventy-five cents, and the is held. justice shall receive for his services therein, the following fees to-wit: For issuing the writ, twenty-five cents; and for presiding over said trial and making the record aforesaid seventy-five cents. And the constable or sheriff shall receive for summoning the jury, one constable. dollar and fifty cents; and for each notice he shall serve, fifty cents, to be taxed as other fees, and paid by the company. justice. Fees to the Company may elect to pay damages or Sec. 16. Be it further enacted, That provided said jury shall find any damages against said company, they may elect either to pay the same or abandon the abandon the proposed route, stone quarries, beds of gravel or other propos'd route materials; but if they shall at any time within sixty when & how. days, after the finding of said jury, elect to pay the damages assessed and actually pay or tender the same to the proprietor or proprietors thereof, if residents, and if non-residents, non compus mentis, femes covert or infants, to their husbands, agents or guardians, they shall thereupon, and at any time thereafter be, and they are hereby authorised and empowered by, and with their agents, engineers, superintendants, contractors, laborers, &c., to open, enter upon, and take possession of the land so condemned for the foundation of said road; and also the quarries, beds of gravel, stone, earth, or other materials so condemned for the purpose of making or repairing said road or any part thereof; and the inquest of said jury shall and quarries be a bar to all actions for taking and using the land of stone, &c. or materials so condemned: Provided, The said damages be paid or tendered, before taking and using the Proviso. same: And provided, Any jury summoned and sworn as aforesaid, shall fail to render a verdict as aforesaid, then the said justice shall issue a writ commanding another jury to be summoned, to ascertain the damages if any as aforesaid. May enter upon land condemn'd for the route of agents, said road with &c. When any part of the pleted to be examined and road is com SEC. 17. Be it further enacted, That so soon as the president, directors and company shall have completed said road, or any five miles thereof, they shall call on three justices of the peace in the county in which said road lies, who are in no way interested how, and by in the stock of said company to examine the same, whom. |