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1836

directors may

in addition.

and this fact being certified to the governor, the auditor shall issue his warrant upon the treasurer of President and this state, for the payment of fifty shares of the state sell 50 shares subscription, in the manner directed by the former act: and it shall be lawful for said president and directors, to sell fifty shares of stock, in addition to the number now allowed by law, if, in their o; inion, it may be necessary to complete the bridge: Provided, however, That they shall not, under any pretence whatever, sell the same under par.

Proviso.

State to re

Suc. 2. Be it further enacted, That so much of the Former act former act, as requires a payment of six per cent per repealed. annum, on the stock belonging to the state, le, and the same is hereby repealed; and the state's stock ceive proper shall only draw a dividend of the profits, in proportion of divi- tica to her stock. The president and directors shall have power to make any by-laws, regulating the collection of tolls, and by themselves, agents, or gate Power to keeper, as they may direct, make any contract or make by-laws. contracts, for crossing said bridge by the year, or for a shorter period, and may require payment in ad

dend.

powers.

vance.

Src. 4. Be it further enacted, That the name and Name & style style of said company shall hereafter be, "The presof the compa- ident and directors of the Hartford bridge company changed. ny," and under that name and style shall sue and be Corporate sued, and do and perform every act, matter, or thing, which a corporation may lawfully do and perform; and that all contracts heretofore made, and proceedings heretofore had or performed by the present board of said company, whether done, entered into, or performed in the name and style of the president and directors of said company, or in that of the president and managers of said company, shall not be deemed unlawful for any defect in stating the name and style of said company correctly; and may hereafter he enforced, and acted upon, in the present name and style of said company.

how filled.

SEC. 5. Be it further enacted, That all vacancies, Vacancies, which have, or may happen, in the office of president, or directors, may be filled by the said president and directors, at any meeting of their board, by appointing some person who is a stockholder, to fill the vacancy; and the person so appointed, shall hold his office until the next annual election of said company, and until some person shall have been duly elected and qual

1836

May fill va cancies in of

ified. The president and directors shall, in like man-
ner, have power to fill any vacancy, which has, or
may happen, in the office of treasurer or secretary;
and the person so appointed, shall hold his office until
the first meeting of the board after the next annual er.
election.

fice of treasur

Manner in

SEC. 6. Be it further enacted, That the stock of which stock said company, shall be transfered, either by the per- may be transson holding said stock, personally directing the trans- ferred. fer to be made on the books of the company, by the treasurer to the purchaser, or by writing, signed and acknowledged before one or more subscribing witnesses, and said writing, proved by the oath of said witness or witnesses, before the treasurer, which oath the treasurer is hereby authorized to administer; and all transfers heretofere made, in either of those ways, shall be deemed legal transfers; and the treasurer shall have power to issue certificates of stock, to all duties of the purchasers or original stockholders, who may re- treasurer. quire it, which certificates, shall entitle the holders to all the privileges and rights of stockholders, according to their number of shares; and the treasurer, for the time being, shall make oath, and report to each annual meeting of the stockholders, a list of all the stockholders, as they then stand on his books, either by purchase or original subscription, with the number of shares belonging to each.

Powers and

ing.

Contracts

SEC. 7. Be it further enacted, That all contracts made and entered into, by order of the board of made by presipresident and directors, or by their agent, or attor- dent &c. bindney, duly authorized by an order of said board, shall be as legal and binding, as if said contracts had been made and executed under the corporate seal of said company; and that all former acts, so far as they have been altered or amended by this act, be, and the same are hereby repealed.

Approved, February 1, 1836.

CHAP. 93.-AN ACT to amend "an act to incorporate the Louisville, Marine, and Fire Insurance Company.

Be it enacted by the General Assembly of the Com

When $50

monwealth of Kentucky, That whenever fifty dol- is paid on each lars on each share, in the Louisville, Marine and Fire share. Insurance Company, shall have been actually paid in, H

1836

and the cash shall be on hand, or beneficially invested, it shall be lawful for the president and directors of said company to reduce the shares to fifty dollars each, and to issue the scrip accordingly, and surrender the notes and obligations of the shareholders for the fifty dollars the share, to which the stock is reduced; and the charter of said corporation is hereby Charter ex- extended to twenty years from the passage of this act: Provided, however, That the stock in said comshall not be transferable to a non-resident of pany the state, but any such transfer shall make a forfeitnon-resi ure, of the shares so transfered, to the corporation, for the use of the shareholders

tended.

Stock not to be transfered to

dents.

Approved, February 1, 1836.

CHAP. 94.-AN ACT to authorize Preston Owen to erect gates across a certain road in Daviess county.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Preston Owen, of the county of Daviess, be, and he is hereby authorized, to erect gates across the road leading from the mouth of Blackford's creek to Yelvington.

SEC. 2. Be it further enacted, That said gates shall be at least nine feet wide, and constructed as to open and shut with convenience.

SEC. 3. Be it further enacted, That the county court of Daviess, shall have full power to remove said gates, whenever a majority of said court shall deem them to be of public inconvenience.

Approved, February 1, 1836.

CHAP. 95.-AN ACT to declare Sexton's creek, in Clay county, a navigable stream.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Sexton's creek, in Clay county, be, and the same is hereby declared a navigable stream, from its mouth up to where John Morris, Esq. now resides, and shall be kept open and free from obstructions for the passage of flat boats, and other crafts, ascending or descending said stream. Approved, February 1, 1836.

CHAP. 96.-AN ACT concerning Public roads and Ferries.

from

1836

steam

Be it enacted by the General Assembly of the Com- County courts monwealth of Kentucky, That the county courts of may establish this commonwealth, shall have the same jurisdiction, roads to and to be exercised in the same way, to establish public mills. roads to and from steam mills, that they now have by law, to water grist mills; and they shall, moreover, have the right, if they think it just to the public, to impose upon the applicant the condition of opening and keeping in repair the said road; and when said mill road, so established, shall necessarily cross a water course, the owner or owners of the land on each side of said water course or river, shall have the right to establish and keep up a ferry, under the laws of the state; and it shall be the duty of the county court, in which the same may be situated, to grant such privileges upon applicatioon by such proprietor.

Approved, February 1, 1836.

CHAP. 97.-AN ACT for the benefit of the Administrator and heirs of James Secdars, deceased.

"Adminsstra.

Spencer.

in

Allegations

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for tor may file John Seedars, administrator of James Seedars, dec'd, petition to file a bill in the Spencer circuit court, alledging that the personal estate of the said James Seedars, dec'd, is insufficient to pay his debts, and set out the amount of personal estate, and how it has been disbursed, and the amount of outstanding debts, as near to be made as may be, to which bill, the heirs at law of the said therein. James Seedars shall be made defendants. The complainant shall make the allegation that it will be to the advantage and interest of the heirs, to sell the tract of land which descended to them from the said James Seedars, for the payment of the debts; and the court shall appoint a guardian ad litem for the infant heirs, and a commissioner to state the accounts of the administrator, and report the amount of the outstanding debts, and the value of the land propo- to be appoinsed to be sold, and the situation and value of the ted. other estate of the infants; and the court, if it is considered for the benefit and interest of the infants estate, shall and may decree a sale of the whole or decrce sale.

Guardian

ad litem to be appointed

Commissioner

Court may

1836

Comm'r. to

any part of the land for the payment of the debts, at such price and credit, as may be deemed consistent and expedient, and may appoint the complainant, or such other person, as commissioner to sell the land, or be appointed any part thereof, as may be prudent; and on the confirmation of the sale by the court, the commissioner may be directed to convey the same to the purchaser or purchasers, and the conveyance, when so made, shall be effectual to pass the title: but before the court shall enter a decree for the sale of the land, they may require bond and good security from the complainant, conditioned to apply the proceeds of the sale of the land, to the payment of the debts of the said James Seedars, dec'd, and to render a faithful and correct account to said court. The court may hear the cause, and decree a sale at the first term.

Court may require bond nant and may decrce a sale

from complai

at first term.

Approved, February 1, 1836.

CHAP. 98.-AN ACT supplementary to an act entitled "an act to incorporate the Richmnnd and Lexington turnpike road company.

Src. 1. Be it enacted by the General Assembly of President the Commonwealth of Kentucky, That it shall be lawand managers ful for the president and managers of the Richmond may grade said road and and Lexington turnpike road company, in their displace the cretion, to construct said road, or such portions pounded stone thereof, as they may deem advisable, with a grade of only thirty feet in width, and also, instead of placing the pounded stone on said road, on one side thereof, to place the same in the centre.

in the centre

Shall con

sacross

SEC. 2. Be it further enacted, That in the event said company shall construct a bridge across the truct a bridge Kentucky river, at the point where said road may Ken- strike it, it shall be lawful for said company to charge tucky river. Rates of toll. and receive the like tolls, for passing over said bridge, which the proprietors of the ferry across said stream where the road from Lexington to Richmond now runs, (by Rogers' and the stone house,) are by law authorized to charge for ferrying over said river: Provided, however, That the navigation of said river shall be in no manner obstructed by the erection of said bridge.

Broviso.

SEC. 3. Be it further enacted, That it shall be lawful for said company to enlarge their capital stock to

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