rail road company as effectually, as though they were each and all herein enacted at length: Provided, That nothing in this act shall be construed to restrict the power of the legislature to incorporate any other rail road company or companies. 1836 Proviso. stock. counties passes take SEC. 7. Be it further enacted, That the county County courts courts of the several counties into which said road of thro' which may run, shall, upon the petition of a majority of road the voters of their respective counties, subscribe may stock in said company; and to raise the same, may assess the real estate in their said counties, with any rate of tax not exceeding 10 cents for each and every hundred dollars worth, situated in their county, for each and every year that it may be necessary to pay the calls on the stock they may so subscribe. Com'rs. to SEC. 8. Be it further enacted, That Henry Clay, jr., Samuel Pyke, Hugh I. Brent, Henry T. Dun- open books. can, and Wm. P. Hume, be, and they are hereby appointed commissioners, with power to open books for the subscription of stock in said company, from time to time, until the whole amount of stock shall be subscribed; and they, or a majority of them, may appoint such persons as they may deem expedient, to open books for the subscription of stock, at any place, and at such times as they may direct, having first advertised the same, for three weeks previously, in one or more newspapers published in this commonwealth. Approved, March 1, 1836. Acts and a mendatory acts of incor re pealed upor CHAP. 448.-AN ACT to authorize the citizens of Lexington to vote upon the question of a repeal of their charter. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act entitled, "an act to incorporate the city of Lexington, approved, January 7th, 1831, and the several acts poration amendatory thereof, including the act passed at the conditions & present session, be, and the same are hereby repealed, laws in rela and all the laws in relation to the town of Lexington, tion to town which were repealed by any of the aforesaid acts, are hereby revived and declared to be in full force; and all the estate, rights, and liabilities now vested or vesting upon the corporation of the city of Lexington, shall vest and remain in and with the trustees revived. 1836 Proviso. Further pro viso. of the town of Lexington, to be elected under the provisions of the laws as hereby revived: Provided, That this section is not to have, or take effect, but upon and after the day on which the governor of this state shall issue his proclamation announcing the happening the contingency by which he is authorized to issue such proclamation: And provided further, That if the said charter is repealed, that the present members of the council of the city of Lexington, shall constitute the board of trustees for the town of Lexington, until the next election shall take place as provided for by law. SEC. 2. Be it further enacted, That it shall and Citizens to may be lawful for the free white male citizens over vote upon re- the age of twenty one years, of Lexington, who have peal of char- resided within the limits of said city for six months ter. added, &c. next preceding the day of election, and who are also citizens of the United States, to meet at the places of voting in their respective wards, under the present charter, and vote for or against the repeal of the city charter, upon the first Friday in May next, which election shall be kept open two days; and the said election shall be conducted by the officers appointed to superintend and conduct the elections for mayor and councilmen in said city. SEC. 3. Be it further enacted, That the ward Vote to be inspectors of said election, shall, upon the eighth day from the day of the commencement of said election, including the said first day, meet at the Council Hall of said city, with their respective poll books, and compare the same, and shall have power to hear testimony, in order to enable them to purge the polls of all illegal votes, and after such comparison, the said inspectors shall make a return thereof in writing, signed by themselves, to the governor of this com monwealth, of the whole number of votes for, and against a repeal of the city charter; and if there shall be a majority of the whole number of the votes, who shall vote at said election in favor of repealing the acts incorporating the city of Lexington, it shall be the duty of the governor to issue his proclamation, as provided in the first section of this act; whereupon, the same shall take effect. SEC. 4. Be it further enacted, That the said reReturn made turns of the inspectors to the governor, shall be made to Governor. within twenty days, next after the close of the election held under this act. Approved, March 1, 1836. Chap. 449.-AN ACT making an appropriation to build a Bridge across Floyd's Fork of Salt River, in Bullitt county. 1836 633 advertise erected. SEC. 1. Be it enacted by the General Assembly of the County court Commonwealth of Kentucky, That the county court to of Bullitt county, a majority of all the justices of time & place said court being present, be, and they are hereby work & where of letting out authorized to advertise in some public newspaper bridge is to be printed in the city of Louisville, four weeks by successive weekly insertions, the time and place of letting out, or contracting for the building of a bridge across Floyd's fork of Salt river, at or near the site of the former bridge, on the public road leading from Shepherdsville to Mount Washington in said county, and at the time and place specified in said advertisement, may proceed to contract with the lowest bidder for the building of said bridge. Plan to be SEC. 2. Be it further enacted, That it shall be the duty of said court to draft, or cause to be drafted drawn. or drawn up, a plan of said bridge, to be by them exhibited at the time and place of letting out said work. A true copy of which shall be given to the undertaker, and the original shall be filed in the clerk's office of said court as a part of the records thereof. Bond to be SEC. 3. Be it further enacted, That it shall be the duty of said court to take from the undertaker of given. said bridge a bond, in a penalty at least double the sum for which the same may be undertaken, with one or more good securities, conditioned for the building of said bridge according to said plan, within such time as said court may think sufficient for performing the same. For a breach of the conditions, or any of them, of said bond, the same may be put in suit, in any court having jurisdiction thereof, May be put in from time to time, until the whole amount of the penalty thereof is recovered. suit. Amount re covered how SEC. 4. Be it further enacted, That all sums recovered by said court on said bond shall be applied to the building or finishing of the bridge according applied. to the true intent and meaning of the plan first adopted for building the same. Board Int Imp. to sub SEC. 5. Be it further enacted, That whenever the county court aforesaid shall certify under the seal of their office, a true copy of the bond of the un- scribe. dertaker of said bridge, to the board of internal improvements for this commonwealth, it shall be the 1836 Proviso. duty of the said board to cause to be paid over to Approved, March 1, 1836. CHAP. 450.-AN ACT to incorporate the Covington Hotel Com pany. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John B. Casey, Carey Clemens, William Hopkins, John Y. Lewis James G. Arnold, Moses Grant, John K. McNeckle, Albert Reynolds, James M. Clarkson, William Lamme, George B. Marshall and W. W. Southgate, together with their associates, be, and are hereby declared a body politic and corporate, under the Name and name and style of the Covington Hotel Company, and as such, and by said name shall be capable of purchasing, holding, selling, and conveying real and personal estate, of suing and being sued, pleading and being impleaded, answering and being answered, in all courts of law and equity, and to contract and be contracted with, to have and use a common seal, and the same to alter and renew at pleasure, and to have and to exercise all the necessary corporate powers, to carry into complete effect the object of said company, and to have perpetual succession. style. Corporate powers. Capital stock. How subscrib ed, &c. SEC. 2. That the capital stock of said company shall be fifty thousand dollars, divided into shares of one hundred dollars each, to be subscribed for by individuals and corporations, which shares may be transfered on the books of said company in such manner as the president and directors of said company shall, by their by-laws prescribe; and so soon as one hundred shares of said stock shall have been subscribed, the said company shall be fully authorized to commence operations, and to do and perform all the necessary acts and duties required by this act. SEC. 3. That the individuals named in the first section of this act, be, and are hereby appointed commissioners, who, or any three of whom, are hereby empowered and required to open books for the subscription of the capital stock of said company, within ninety days from the passage hereof, in the city of Covington and at such other places as they may deem proper, and to keep said books open for at least twenty days, and until one hundred shares shall have been subscribed, when the same may be closed; upon closing the books if one hundred shares are found to be subscribed, it shall be the duty of said commissioners, to order an election for president and directors, within fifteen days thereafter: Provided, That said commissioners shall give public notice of the time and place for opening said books, for at least two weeks previous to opening the same; and shall also give public notice of the time and place of holding the election in said city. SEC. 4. That in election for president and directors, each stockholder shall be entitled to one vote for every share he may hold; and if upon closing the books of subscription it shall be found that more than two hundred and fifty shares have been subscribed, the commissioners shall proceed to scale the subscription in such manner so as not to reduce the number of shares of any subscriber, while any other subscriber retains a greater number, or as near thereto as possible. 1836 Books to be opened, when and where. Election for president, &c. Each share to entitle holder to one vote. to May pass by SEC. 5. That the management of the business of President and said company shall be confided to a president and managers five directors, all of whom must be stockholders, and control affairs. shall be annually elected, after the first election, by the stockholders of said company, in the month of May; that said president and directors shall have power to adopt all useful by-laws for the government of said company, to appoint a treasurer and secretary of the same, and to define their duties; to require the said treasurer to execute bond, in adequate penalty, with good security, payable to said company, conditioned for the faithful performance of the duties of his office; and that all of said officers shall, before entering upon the duties of their re laws and appoint officers. |