1850.

General pow.

and rights necessary to the construction of a railroad from
the city of Louisville to Bowlinggreen, the route to be by them
selected and determined, not exceeding sixty six feet wide, ers & privileges.
with as many sets of tracks as they may deem necessary; and
that they may cause to be made contracts with others for ma-
king said railroad, or any parts of it; and that they, their a-
gents, engineers, &c., or those with whom they may contract
for surveying or making the same, or any part thereof, may
enter upon, use, and excavate, any land which may be
wanted for the site of said road, or the erection of ware-
houses or other structures or works necessary to said road
and its use, or for any other purpose necessary or useful in
the construction or repair of said road, or its works and ap-
purtenances; and they may build bridges, and construct
tunnels: Provided, the same do not obstruct the naviga-
tion on navigable streams; may fix scales and weights,
lay rails, take and use any earth, timber, gravel, stone, or
other material, which may be useful or necessary for the
proper construction, completion, or repair of said road.

May agree with for right of way,

owners of land

&c.

How land & materials may

SEC. 15. Be it further enacted, That the President and Directors of said company, or a majority of them, or their authorized agents, may agree with the owner of any land, earth, timber, or stone, or any other materials, or any improvements, which may be wanted for the construction or repair of any of said roads, or any of their works, for the purchase or the use and occupation of the same; and if they cannot agree, and if the owner or owners, or any of them, be a feme covert under age, non compos mentis, or out be condemned. of the county in which the property wanted may lie, where such land or materials may be wanted, application may be made to any Justice of the Peace of such county, who shall, thereupon, issue his warrant, under his hand, directed to the Sheriff of such county, requiring him to summon a jury of twenty inhabitants, not related, or in any wise interested, to meet on the land, or near the property or materials to be valued, on a day named in said warrant, not less than ten nor more than twenty days after the issuing of the same; and if, at the time and place, any of said jurors do not attend, said Sheriff shall forthwith summon as many jurors as may be necessary, with the jurors in attendance, and from them each party, or, if not present by agent or otherwise, the Sheriff then for the party absent, may strike off four jurors, and the remaining twelve shall act as the jury of inquest of damages; and before they act as such, the said Sheriff shall administer to each of them an oath or affirmation, that he will justly and impartially fix the damages which the owner or owners shall sustain by the use and occupation of the said property, required by the company; and the said jury, in estimating such damages, shall take into consideration the benefits resulting to the owner, from conducting said road by, through, or near, the

1850.

road so as not to

roads, &c.

property of said owners, but only in extinguishment of
damages; and said jury shall reduce their verdict to wri-
ting, and shall sign the same, and it shall be returned by
the Sheriff to the Clerk of his county, and by such Clerk
shall be filed in his office, and shall be confirmed by the
Court of said county, at its next session, if no sufficient
cause to the contrary be shown; and, when so confirmed,
shall be recorded by said Clerk, at the expense of said
company; but, if set aside, the Court may direct another
inquisition to be taken, in the same manner above pre-
scribed; and such inquistion shall describe the property
taken, or the bounds of the land condemned, and the du-
ration of interest in the same, valued for the company;
and such valuation, when tendered or paid to the owner or
owners of said property, or his, her or their legal represen-
tatives, or to the Clerk of the county in which said inquest
is held, for their use, when said owners, &c., do not reside
in said county, shall entitle said company to the estate, and
interest in the same, thus valued, as fully as if it had been
conveyed to it by the owner or owners of the same: and
the valuation of the same, if not received when tendered,
may, at any time thereafter, be received from the company,
without costs, by the owner or owners, his or their legal
representatives or heirs.

SEC. 16. Be it further enacted, That whenever, in the con-
Shall construct struction of said road or roads, it shall be necessary to in-
obstruct other tersect any other established road or way, it shall be the
duty of said President and Directors so to construct said
road across such road or way as not to impede the passage
of persons or property along the same; or where it shall
be necessary to pass through the land of any person, it
shall, also, be their duty to provide for such person proper
wagon ways across said railroad, from one part of the land
to the other; and if said company shall fail to provide
Wagon ways proper wagon ways across said road, as provided in this
to be provided section, it shall be lawful for any person to sue said com-
pany, and be entitled to such damages as a jury may
him or her entitled to, for such neglect.

for

land.

owners of

use land & ma

them valued.

think

SEC. 17. Be it further enacted, That whenever it shall be May take and necessary for said company to have, use, or occupy, any terials, having land, materials, or other property, in order to the construction or repair of any part of said road or roads, or their works or necessary buildings, the President and Directors of said company, or their agents, or those contracting with them for working or repairing the same, may immediately take and use the same, they having first caused the property wanted to be viewed by a jury, (formed in the manner herein before prescribed in those cases where the property is to be changed or altered, by admixture with other substances, before such alteration is made;) and that it shall not be necessary, after such view, in order to the use and

occupation of the same, to wait the issue of the proceedings upon such view; and the inquest of the jury, after the payment or tender of such valuation, shall be a bar to all actions for taking and using such property, whether begun before or after such confirmation, or the payment of said valuation.

1850.

May buy or construct cars,

SEC. 18. Be it further enacted, That the said President and Directors shall have power to purchase, with the funds wagons, &c. of said company, and place on any railroads constructed by them, under this act, all machines, wagons, vehicles, or carriages of any kind, which they may deem proper, for the purposes of transportation on said road; and that they shall have the power to charge, for tolls, and the transportation of persons, merchandise, and property of any kind whatever, transported along said railway, any sum not exceeding the following rates, to-wit: on all goods, merchandise, or property, for every one hundred pounds transported over twenty miles and under fifty miles, three and a half mills for each mile; and for persons, and every species of live stock, and every other description of freight and property, they shall charge no greater rate than is authorized to be charged on the railway from Lexington to Frankfort; that it shall not be lawful for any other company, or any other person or persons, to travel upon or use any of the roads of said company, or to transport persons or property thereon, without the license and permission of the President and Directors thereof; and that the said road or roads, with all their works, improvements, or profits, and all the carriages, vehicles, and machinery for transporta-, tion, used therein, and all other species of property thereunto belonging, are hereby vested in said company, incorporated by this act, and their successors, forever; and shall never be taxed beyond the rate of tax imposed upon real estate, estimated upon the prime cost of the proposed works.

SEC. 19. Be it further enacted, That the said President and Directors shall, annually or semi-annually, declare and make such dividend as they may deem proper, of the net profits arising from the resources of said company after deducting the necessary current and probable contingent expenses; and that they shall divide the same among the stockholders of said company, in proportion to their respective shares.

SEC. 20. Be it further enacted, That if any person or persons shall wilfully, by any means whatsoever, injure, impair or destroy any part of any railroads, or road, constructed for said company, under this act, or any of their works, buildings, carriages, vehicles, or machinery, such person or persons shall, for every such offence, forfeit and pay to the said company a sum not exceeding five hundred dollars, recoverable, in the name of said company, by an

Dividends to be declared.

Penalty for in. jury to road, &c.

1850.

When 5 miles

run cais, &c.

action of debt in the Circuit Court of the county wherein such offence shall be committed; and shall, also, be subject to indictment by the Grand Jury of said county, in said court, and, upon conviction of such offence, be imprisoned in the jail thereof, and in the Penitentiary, not less than six months nor more than four years, in the discretion of a jury.

SEC. 21. Be it further enacted, That, so soon as the comcompleted, may pany shall have completed five miles of their route, they may commence and prosecute their business, upon the terms and upon the stipulations herein provided, as though the whole work was completed.

may subscribe.

to be given.

SEC. 22. Be it further enacted, That the several County County Courts Courts of the counties of Jefferson, Bullitt, Hardin, Hart, Grayson, Edmonson, Larue, and Warren, or other counties, may and shall have the power, for and on behalf of their respective counties, to subscribe for stock in said road, a majority of the Court concurring therein, to be levied upon the taxable property of said counties, and collectable as the revenues of the State; and the better to ascertain the Vote of people public sentiment of said counties in reference to the propriety of such levy and subscription of stock, said County Courts are hereby authorized to direct and prescribe in what manner the question may be submitted to a vote of the qualified voters of the county; and should any of the County Courts refuse to subscribe, or prescribe the manner of submitting the question to the vote of the people, it shall be the duty of said County Courts, upon the application of a majority of the Commissioners appointed in their respective counties, or the Directory of said county, to appoint Judges, Clerk, and Sheriff, whose duty it shall be to open a poll at the several places of voting in their respective counties, where the qualified voters of said county shall vote upon the propriety of taking stock; at which time, and in propounding the question, the amount of taxation and time and manner of payment shall be distinctly stated. If it shall appear that a majority of the qualified voters of the county have voted, and a majority of those voting voted for the stock, it shall be the duty of the County Court to subscribe such stock. If the day for such vote shall be on any other than a day of election of public officers, it shall be advertised in a newspaper, proclaimed at the Court House door at least on two court days, and a notice posted up at the places of voting in each county. The collecting officer shall have the same commission for collecting as is allowed by law for collecting the revenue.

structed as to

SEC. 23. That the Railroad to be constructed under the Road so con. provisions of this charter, shall be so constructed as to alensure a contin- low and insure a continuous run of a line of railroad cars uons run of cars from the city of Louisville to Nashville.

from Louisville

to Nashville.

SEC. 24. That the company hereby established shall fix

1850.

Cars on either

the terminus of the road, herein contemplated to be constructed, at Bowlinggreen, in such manner as to suit the terminus of a road at that point to be constructed from Nashville, or the State line, to Bowlinggreen, so that the road to use both cars starting from Nashville can run on a continuous line roads. to Louisville, and those starting from Louisville can, in like manner, run on a continuous line to Nashville; and the company hereby created shall receive the cars of the company created to construct a railroad from the Tennessee line to Bowlinggreen, and such as may start from Nashville, or elsewhere, so that the two companies shall have the reciprocal right, upon terms just and equitable to both, to run the cars of each on a continuous line from Louisville to Nashville, and from Nashville to Louisville.

SEC. 25. That the company hereby created shall have power to contract with a company which may be formed to construct a railroad from Nashville, or from the State line, to Bowlinggreen, upon terms which may be agreed upon by the President and Directors of the two road companies, to an amalgamation of the stock of said two companies, and from thenceforward, as one company, they shall have corporate existence, under the name and style of the Louisville and Nashville Railroad Company, and vested with all the powers, not inconsistent in their provisions, as may be conferred by their respective charters. Approved March 6, 1850.

The two Com

panies may a

malgamate and but one

form

company.

CHAPTER 474.

AN ACT to incorporate Hartford Lodge, No. 156, of Ancient Masons, and

for other purposes.

Name & style,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the present members of Hart- powers, &c. ford Lodge, No. 156, of Ancient Masons, and their successors, be and they are hereby created a body politic and corporate, by the name and style of Hartford Lodge, No. 156, of Ancient Masons, and by that name shall have perpetual succession, and be capable to receive and hold, by gift, grant, purchase or devise, any number of acres of land, not exceeding twenty, and any kind and quantity of personal estate, and to sell, exchange and convey the same at pleasure; to sue and be sued, plead and be impleaded, defend and be defended, in any court of law or equity, in this State; and to have and use a common seal, and the same to renew or alter at pleasure.

Names of the Trustees of the

of office.

SEC. 2. Richard Walker, William Graves, George Bennett, and Thomas C. Taylor are hereby appointed Trustees Lodge, and term for said Lodge, who shall hold their office until the 24th of June, 1850, and until their successors be duly elected; and said Lodge may, on the 24th of June, 1850, and on the