1836 Upon fail trustees, com pany shall not ure to elect be dissolved. belonging to said academy, without the consent and advice of said presbytery. SEC. 6. Be it further enacted, That should there be for any cause, a failure to appoint trustees annually by the said presbytery, the corporation for that cause shall not be dissolved, but the trustees shall continue in office until their successors are appointed, and shall have the right to fill vacancies from time to time, as they shall occur. Src. 7. Be it further enacted, That the said trusTrustees tees, or a majority of them, shall have the power to may elect the appoint the faculty and teachers in said academy, faculty and and the same to remove at pleasure. They shall also, regulate the tuition fees in said institution, and the academic year thereof. teachers. SEC. 8. Be it further enacted, That the said May ordain trustees shall have power to prescribe the by-laws by-laws, &c. and rules of said academy, and may for good cause, suspend or expel a student thereof. may course of in SEC. 9. Be it further enacted, That it shall be Trustees the duty of said trustees to prescribe the course of direct instruction in said institution, to hear and determine all complaints arising between teachers and students, and to appoint visitors semi-annually to said academy, whose duty it shall be to attend the monthly examinations of the pupils thereof, and to superintend all public examinations of the students, and make report and publication thereof. struction, and stu Approved, February 29, 1836. CHAP. 377.- An Act to incorporate the Richmond and London SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company shall be formed under the name and style of "The Richand mond and London Turnpike Road Company," for the purpose of forming and making an artificial road. Company formed style. SEC. 2. Be it further enacted, That the capital stock of said company, shall be one hundred thou sand dollars, to be divided into shares of fifty dol Capital stock lars each; and if it shall be found, that the amount of capital stock is not sufficient to accomplish the object of this act, then the president and directors, may enlarge the same to such amount as they may deem necessary, and open subscriptions therefor, in such manner as they may think proper. SEC. 3. Be it further enacted, That books, for the subscription of stock in said company, shall be opened on the third Monday in April next or as soon thereafter, as may be convenient, at the town of Richmond, under the direction of Daniel Breck, Edmund L. Shackelford, Archibald Woods, and David Irvine; at Adam Rogers, under the direction. of Joseph Tevis, Green Kerley, James B. Ballard and Adam Rogers; at William Watts, at the foot of the Big Hill, under the direction of William Watts, John Parks, Absalom Adams, and Thomas Francis; at London, under the direction of John Mershon, John Perrill and Thomas Jones. The commissioners or some one of them at each place, shall procure a book or books, and the subscribers of stock in said company shall enter into the following obligation in said book or books, to wit, "We whose names are hereunto subscribed, promise to pay the president, directors and company of the Richmond and London turnpike road company, the sum of fifty dollars for every share of stock in said company set opposite to our names, in such manner and proportions, and at such times as they shall be required by the president and directors of said company, and agreeably to an act of the general assembly of Kentucky, incorporating said company: Witness our hands this day of The said commissioners or a majority of them, shall give notice in three of the most public places in the neighborhood of the places of opening the books as aforesaid, of the time and place of opening books for the subscription of stock in said company, and that they will continue open until the whole amount of capital stock is subscribed. SEC. 4. Be it further enacted, That so soon as ten thousand dollars of said stock shall have been subscribed, the said commissioners or a majority of such of them as may act, shall at such time and place as they may appoint, call a meeting of the stockholders, and hold an election for a president and five directors, who shall hold their offices for one year and until others shall be duly elected and qualified; and the said president and directors shall, before they enter upon the duties of their office, take an oath before some justice of the peace, that they will faithfully discharge the duties of president or directors (as the case may be) without favor or affection according to the best of their 1836 judgment; upon the qualification of the president and directors, they shall appoint a treasurer and such other May appoint officers as they may deem necessary, who shall hold a treasurer. their offices for one year, and until others shall be appointed, subject however, to be removed at any time by the president and directors, a majority of two thirds concuring therein; the treasurer of said company shall, before he enters upon the duties of his office, give bond, with two or more good securities, in such penalty as the president and directors may direct, payable to the president and directors of said Treasurer to company, 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, or any part thereof, to the order of the president and directors, and that he will perform the duties required of him by the by-laws of said company. give bond. powera SEC. 5. Be it further enacted, That upon the elec tion and qualification of the president and directors as aforesaid, they shall be a body politic and corporate, in deed and in law, by the name, style, and title of the Richmond and London turnpike road compaCorporate ny, and by the said name, the said company 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, and of purchasing, taking, and holding, to them and their successors and assigns, and of selling, transfering, and conveying, in fee simple, all such lands, tenements, and hereditaments, and estate, real and personal, as shall be necessary to them in the prosecution of their work; 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 act, matter, and thing which a body politic and corporate may lawfully do. SEC. 6. Be it further enacted, That all the proviCertain sec- sions of an act of the general assembly of the Comtions of the monwealth of Kentucky, entitled, "an act to incorMountsterli'g and Maysville porate the Mountsterling and Maysville turnpike road charter adopt. company," passed at the present session, from the sixth to the thirtieth section inclusive, shall be, and the same are hereby adopted and made a part of this act, as fully and completely as if the same were ed. herein incorporated and repeated, so far as the same. are not inconsistent with the object and intent of this act, and the provisions thereof. SEC. 7. Be it further enacted, That the width of said road shall not be less than forty, nor more than road. fifty feet, and the graded part thereof shall be thirty feet wide, except at such places as will not admit of it, owing to the situation of the earth over which it may pass. 1836 Width of Part of said made a dirt SEC. 8. Be it further enacted, That so much of said road as the president and directors shall be of road may be opinion can be McAdamized, shall be graded, so that turnpike. the elevation shall not exceed three and a half degrees at any point, thirty feet in width, and fifteen feet of the graded part covered with stone, upon the McAdams' plan, nine inches thick; and that the remainder of said road, or the part thereof which shall be thought to be too rough and hilly to admit the construction of a McAdamized road over the same, shall be graded in the same manner as above directed, and ditched on both sides, and the dirt thrown up in the centre, so as to form a road at least twenty feet wide between the ditches, and that part of said road, so graded, that the elevation shall not exceed five degrees at any point. for that part SEC. 9. Be it further enacted, That the said Only on president, directors and company, shall be entitled half toll shait to demand and receive only one half the amount be received of toll on that part of said road which shall not not paved be McAdamized, that they are allowed to demand with stone, and receive on the McAdamized part. SEC. 10. Be it further enacted, That so much of Certain acts the acts of the general assembly, approved the 23d repealed. December, 1831, and February 22d, 1834, entitled, 'acts to provide for the erection of a bridge across Rockcastle river, on the turnpike and Wilderness road,' as directs the commissioners thereby appointed, to contract for, and direct the construction of said bridge, be, and the same is hereby repealed; and the appropriations made by said acts on the part of the state, to aid in the construction of said bridge, is hereby vested in the board of internal improvement for the state, who are hereby authorized to appropriate the same in the construction of said bridge; and the said appropriations shall be considered and held as so much stock in said company, subscribed by the state. 1836 The bridge over Rockcas the river to be first built. The 25th section of the act of internal improvement to apply to this act. ment build a bridge castle river. SEC. 11. Be it further enacted, That so soon as a survey of the road shall be made and the same located accordingly, the president and directors may, if they deem it expedient, cause the bridge to be erected across Rockcastle river where the said road may cross the same, to be erected, before any part of said road shall be completed. SEC. 12. Be it further enacted, That the 25th section of the act, constituting the board of internal improvement of the state of Kentucky, and the provisions thereof, shall apply to this act, and the appropriation thereby directed to be made to incorpo rated companies for the construction of turnpike roads, on the part of the state, shall be made to the company hereby formed under the rules and regula tions set forth in said act. SEC. 13. Be it further enacted, That if the comIf said company hereby authorized to be formed, should not be pany is not or- organized, for the want of individual subscription, by ganized the Board of inter- the election of a president and directors as herein nal improve provided for, by the first Monday in June, one thousand eight hundred and thirty-seven, it shall be the across Rock duty of the board of internal improvement to cause a survey of said road to be made as is contemplated by this act; and in case said company shall be or ganized, it shall be lawful for the board of internal improvement, if they shall be of opinion that said road is of public state importance, to cause a plan of a bridge across Rockcastle river to be made of a substantial and durable kind, and to let the building of said bridge as soon as practicable, and the appropriations heretofore made by law, as refered to and set forth in the 10th section of this act, and thereby vested in the board of internal improvement, shall be appropriated and used by said board of internal improvement, in the construction of said bridge; and the balance which may be found necessary for the purpose of constructing said bridge, according to the plan which may be adopted, shall be paid by said board out of the fund set apart for the internal improvement of the state, to the section of country in which said bridge is situated. When the Company is board shall de- SEC. 14. Be it further enacted, That whenever the company hereby formed, shall be organized as required by this act, by the election of officers &c., and the road constructed as herein contemplated, the board of internal improvement are hereby directed |