Berryman, W. S. Voiers, W. W. Buckly, Daniel Brannin, CHAPTER 459. Approved March 6, 1850. 1850. AN ACT for the benefit of the Grant Circuit and County Court Clerk, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Clerk of the Grant Circuit and County Courts be and he is hereby allowed the further time of two years, to list all of his unlisted fee bills, from the year 1842 to 1847, inclusive. SEC. 2. That the Clerk of the Barren County Court have the time of two years from the passage of this act, to list and collect his fee bills, as Clerk of said court. Clerk Grant Circ't and C'ty. Clerk Barren. Judge Crittenden may appoint SEC. 3. That the Judge of the Crittenden Circuit Court may, for the purpose of appointing a Clerk of said court, Clerk. hold a special term thereof on or before the second Monday in May next. Duty of Judge tenth Judicial SEC. 4. That the Judge of the tenth Judicial District shall, and it is hereby made his duty to hold a chancery and district. common law term of the Estill Circuit Court, on the fourth Monday in June, 1850, and continue twelve juridical days, if the business of said court shall require it. SEC. 5. That Edwin Trimble, Clerk of the Floyd Circuit and County Courts, have the further time of two years to list and destrain for fee bills, as Clerk aforesaid. Approved March 6, 1850. Clerk Floyd Circuit & C'ty Court. CHAPTER 461. AN ACT for the benefit of the Lexington and Newtown Turnpike Road Company. managers may mortgage road to complete it, or for repairs. and its increase SEC. 1. Be it enacted by the General Assembly of the Com- President and monwealth of Kentucky, That the President and Managers of said company for the time being, shall be, and they are hereby authorized and empowered, from time to time and as often as they may deem it necessary, (a majority of the whole concurring,) to mortgage the whole or any part of the joint property of said company, including its said road, or any part thereof, or the whole nett income thereof separately, or any fixed and definite portion of said income, for the purpose of completing said road, according to their original charter, or for making repairs and improvements upon it, or any part thereof, from time to time, as completely and fully and to all intents and purposes, in law and equity, as effectually and amply as any private person can by 1850. deed of mortgage encumber, convey, or put under lien or trust his private estate or property of any kind or descripMortgage, how tion. And said mortgage shall always be executed under to be executed. the sign manual of the President for the time being of said company, and countersigned under the sign manual of the Secretary for the time being, and shall be held and taken and have all the effects of similar instruments when executed by private persons. May allow on money borrow ed, any interest per cent. per an not exceeding 10 num. SEC. 2. Be it further enacted, That said President and Managers for the time being, shall be and they are hereby authorized, to allow, give and pay, for the use of any money borrowed by them, under the foregoing section, either by mortgage or upon simple notes or bonds of the company, or both united, an annual interest payable year by year, or otherwise as they may contract to pay, equal to any sum not to exceed ten per centum per annum, as interest for the use of money loaned to said company. And Covenants, the covenants and undertakings of said President and &c. for interest, Managers, shall be, to all intents and purposes, as binding in this respect, as if they were merely for six per centum per annum; and their bonds shall be as binding, valid and obligatory as the bonds of private persons: Provided, however, that they shall not contract debts or obligations, under this act, to the amount of more than ten thousand dollars in all, which shall be due or outstanding at any one time; and if they shall violate this proviso, the President and Managers who do so, shall be personally responsible for all the debts they may create under this act. binding. Nett proceeds road, or that to be set apart to pay principal of the whole part mortgaged and interest. No dividends to be declared SEC. 3. Be it further enacted, That the entire nett proceeds of the whole road, or of the part particularly mortgaged, as the case may be, shall be set apart and appropriated to pay and discharge the principal and interest, as they may fall due, of all debts according to their terms and conditions, which may be created at any time, under the authority of this act. And no dividends, out of the earnings of said road on the part of it mortgaged, shall ever be divided while debts re- or paid over to any stockholder in said company, upon any main against stock held in it, while there shall be left unpaid any interest or principal of any debt then due and payable, which shall Penalty for have been created on the authority of this act. And if the dends before said President and Managers, for the time being, shall ever debts paid. violate the provisions of this section knowingly, then, and as often as they shall do so, they shall become personally liable for the whole principal and interest thus fraudulently left unpaid. road. declaring divi. SEC. 4. Be it further enacted, That inasmuch as the said company has been obliged to erect, at great cost compared with the whole cost of their said road, two bridges, one upon main North Elkhorn, where it is a large stream, and another upon Little North Elkhorn, near its mouth, which bridges, and especially the former, are liable to be damag !ཏྠཱ 1850. May increase ed and destroyed, at any time, by the high water and drift Toll gates to be erected, how and when. May occupy temporary toll Old road, how SEC. 5. Be it further enacted, That said President and Managers for the time being may put up their toll gates as near to the city of Lexington, and the village of Newtown, as any other company may by law put their toll gates to any city, town or village. And until they can make permanent arrangements for the erection of their houses, for the occupancy of their toll gate keepers, they may occupy with said houses temporarily such portion of the track or side of said road, or of the old Henry's mill road, and other high- gates. ways along which their said road is laid, as may be necessary, so as not to obstruct inconveniently the travel along their said road. And at all places where their said road shall depart from the bed of the said Henry's mill road, that the & when closed. old road may, in those places, be closed up by the persons owning the land on which it runs in said places, and it shall cease to be a public highway, as soon as the said turnpike is completed and opened for travel at said cut offs-all the rest of said Henry's mill road being used by the original charter of this company as the bed of said turnpike. But the owners and occupiers of land adjacent to said turnpike, and to said Henry's mill road, shall not encroach upon either of said roads, under color of the foregoing enactment, but the whole width of the road, heretofore used as a public highway, along said Henry's mill road, wherever its bed is used as the bed of the said turnpike, shall be and remain a public highway, authorized by the charter of the aforesaid company, free and open for the use of the public upon the payment of the usual legal rates of toll. Owners of land on Henry's milt road, not to enpike, &c. croach on turn Former acts of President and ized. SEC. 6. Be it further enacted That in order to prevent any future difficulties, and to give entire security to any person Managers legal who may loan money to the said company, under the provisions of this act and to quiet all doubt, all the past actings and doings of the said company, and of their said President and Managers, so far as matter of form only may be concerned, or so far as matter of substance may be con cerned, saving the just rights of third parties, are hereby legalized and given all the validity, both against and for said company, which they would have had, if any part of said doings, which might have been supposed to have been irregular, had strictly conformed to the minutest directions of their original charter, the intention of this section being to promote the proper and lawful objects of said company, and to protect and secure the rights of third parties dealing with it, and to remove all possible ground of fraud, litigation and uncertainty in the premises. Approved March 6, 1850. how and when applied. Corporation, when visions. separate CHAPTER 462. AN ACT to amend the act to incorporate the Paris, Winchester and Ken. tucky River Turnpike Road Company, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the ComCapital stock, monwealth of Kentucky, That, until the Paris, Winchester, and Kentucky River Turnpike Road shall have been completed, according to the terms of its charter, the capital stock which may be subscribed for the construction of said road from the town of Winchester to the Kentucky river, shall and may be applied to the exclusive construction of said section of said road; and whenever individual stock shall be subscribed for such purpose, to the amount of three thousand dollars, the subscribers shall constitute a separate & distinct pro and distinct corporation, according to the provisions of the fourth section of the act incorporating the Paris, Winchester, and Kentucky River Road Company, and for other purposes, approved February 25, 1848, and said subscribers shall proceed to organize their said company by electing a President and four Directors, and such President, Name & style. Directors and Company shall be known and designated by the name and style of the Winchester and Kentucky River Road Company, and shall have every power, privilege and right appropriated to the construction of the section of said road, which may belong to the separate company and organization of said Paris, Winchester, and Kentucky River Road Company, for the county of Bourbon. Books and where open. ed. SEC. 2. That books for the subscription of stock, for the when construction of said road from Winchester to the Kentucky river, be opened at such times and places as may be fixed on by the commissioners; and in addition to those heretoCommission fore designated, H. G. Poston, John B. Houston, F. Bush, F. F. Jackson, and Edmund Hockaday, are hereby appointed commissioners. ers' names. vertise. SEC. 3. That said commissioners shall first advertise the Com'rs to ad- time or times that they may open books, for the purposes in the foregoing section specified, a reasonable length of time previous thereto, by written or printed advertisements in the town of Winchester and along the line of said road. 1850. Board Internal Imp. may rent ingsville and Big Sandy road. or lease the Ow Powers of the pairs. SEC. 4. Be it further enacted, That the Board of Internal Improvement of Kentucky shall have the power to rent or lease all or any portion or section of the said Owingsville and Big Sandy Turnpike Road, on such terms and conditions as the said Board may deem right and proper, consistent with the best interest of the Commonwealth and the good citizens of the section of country through which said road is located. The said Board shall have full power to do all things needful to protect said road, and repair the Board for resame, or any part thereof; and in order to effect that purpose, they shall have power to contract with any person or corporation, who may lease or rent the same as aforesaid; to repair or furnish all or any portion of said road with stone, plank, or other hard material, in such manner and style as the said Board may elect: Provided, that nothing herein shall be construed to authorize said Board to appropriate any money out of the Public Treasury, or in any way to pledge the faith or credit of this Commonwealth, in the repair or completion of all or any part of said road. SEC. 5. That a company is hereby formed, for the purpose of making a turnpike road from the city of Lexington, to intersect the turnpike road leading from Frankfort to Versailles, at or near the farm of Richard Jackson, in the county of Woodford. Said proposed road shall leave the city of Lexington at or near the point where the old Frankfort road is now located, and pass through such lands to its intersection of the Versailles turnpike, as the President and Managers of the company shall select. SEC. 6. The capital stock of said company shall not exceed fifty thousand dollars, to be divided into shares of one hundred dollars each; and subscriptions may be taken up by each of the Commissioners hereinafter named, for one year after the passage of this act, unless the whole amount shall be sooner taken up. Turnpike Co. formed to make road from Lex. to intersect the Frankfort road. Capital, and how divided. SEC. 7. The following persons are hereby appointed Com'rs names Commissioners, to perform the duties required by this act : in the county of Fayette, Geo. Robertson, Henry C. Payne, Abram Vanmeter, and John Steele; and of the county of Woodford, Jacob Harper, Turney, R. D. Harris, Chas. Alexander, M. B. Gratz, Spencer Anderson, and William Robinson, M. D. SEC. 8. Said Commissioners, or as many of them as may act, shall procure one or more books or subscription papers, in which the persons taking stock shall bind and oblige themselves, in writing, to pay to the Lexington and Frankfort Turnpike Road Company, (by which name and style said company shall be known,) the sum of one hundred dollars for each share subscribed for by them, in such proportion and at such times, as shall be determined by said company or corporation. SEC. 9. As soon as two hundred shares in said compa Obligation. |