ment shall be found necessary to fulfill the intent of this act; and of purchasing, taking, and holding, to them and their successors and assigns, and, also, of selling, transferring, 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 works; of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended, in all courts of record, or any other place whatsoever; and, also, to make, have, and use a common seal, and the same to break, alter, and renew at pleasure; to make all such by-laws and regulations, not inconsistent with the laws and constitution of this Commonwealth, or of the United States, as shall be necessory; and to do all and every matter and thing which a body politic and corporate may lawfully do.

1850.

Frankfort,

pike charter a

dopted.

SEC. 6. That the President and Directors of said com- Lexington and pany shall be governed, in the location and constructing Versailles turn. of said road, as also in all other respects, by the provisions of an act of the General Assembly of the Commonwealth of Kentucky, entitled, "an act to amend and reduce into one the several acts to incorporate a company to turnpike a road from Frankfort to Lexington, by way of Versailles," approved February 14, 1835, which do not conflict with the provisions of this act; and they are hereby vested with all power and authority, rights and privileges, tolls and emoluments, that are granted to the President and Managers of the Frankfort, Lexington, and Versailles Turnpike Road Company, by the above recited act; and they are, also, empowered with all the rights, privileges, and benefits of the act, entitled, an act for the benefit of the several turnpike road companies of this Commonwealth, approved February 9, 1837.

SEC. 7. That said President and Directors shall not be bound to McAdamize said road more than sixteen feet in width, and the metal to be placed on one side of said road, should they deem it proper.

Width.

from

Exemptions

working

SEC. 8. That each and every person compelled to work, or who have to furnish hands, on the road contemplated to other roads. be turnpiked by this act, shall be and they are hereby exempt from working or furnishing hands to work on any other road to the extent of one hand for each share of stock subscribed for, and paid, to said company.

SEC. 9. And the more fully to explain this act, the President and Directors shall have full power to permit any stockholder to work out the stock on said road that he may have subscribed, or any part thereof, provided he do it at as low a rate as any one else is willing to do it for.

SEC. 10. That the elevation of the grade of said road shall be fixed and regulated by said corporation; and that the State shall not be compelled to take stock therein.

Stock may to Worked out.

Grade.

1850.

Toll gates.

SEC. 11. The said company shall have power to erect toll gates on said road, and charge the same tolls thereon (in proportion to distance,) as is allowed on the Frankfort, Versailles, and Lexington Turnpike, mentioned in the sixth section of this act.

Approved March 7, 1850.

CHAPTER 525.

AN ACT for the benefit of the Trustees of the Parsonage of the Methodist
Church of Winchester, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Trustees of the Parsonage of the Methodist Church of Winchester, be and they are hereby authorized to sell the said Parsonage, and apply the money, arising from said sale, in such manner as the membership of the said church may direct.

SEC. 2. Be it further enacted, That it shall be lawful for the Chancellor of the Scott Circuit Court to render a decree for the sale of the "Old Methodist Episcopal Church, South," building, located in Georgetown, on the filing of the petition of the Trustees thereof, and direct the proceeds of the sale to be applied to the completion of a new edifice in said town, for the benefit of said church. Approved March 7, 1850.

CHAPTER 526.

AN ACT for the benefit of James McConnel.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James McConnel is allowed the further time of two years to prove his claim, as directed in an act, entitled, an act for the benefit of James McConnel, approved March 1st, 1848.

Approved March 7, 1850.

CHAPTER 527.

AN ACT for the benefit of Charles P. Stratton.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Charles P. Stratton, of Ballard county, be and he is hereby made capable, in law, of conveying any real estate which decended to him by devise from his father, Peter Stratton, deceased; and such conveyance by him, and all acquittances therefor, shall be as good and valid in law as though he were of full age.

Approved March 7, 1850.

CHAPTER 528.

AN ACT to incorporate the Clear Creek Turnpike Road Company. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company shall be and the same is hereby created, to be styled "the Clear Creek Turnpike Road Company of Shelby county," for the purpose of constructing a turnpike road to intersect the contemplated railroad from Louisville to Frankfort-commencing at Shelbyville, and thence running up Mulberry creek, with the New Castle road, to the forks of Clear creek; and thence with the line of Allen's military survey to Morris Thomas' store house; and thence, by the most judicious and practi cable route, to be ascertained by the Commissioners hereinafter appointed, to said railroad.

SEC. 2. The capital stock of said company shall be twen ty five thousand dollars, to be divided into shares of fifty dollars each; and if it shall be ascertained that the amount of capital stock is not sufficient to accomplish the object of this act, then the Commissioners may enlarge it to such amount as they may deem necessary, and open subscrip tions there for in such manner as they may deem proper.

SEC. 3. Books for the subscription of stock in said com-. pany shall be opened on the first Monday in March, 1850, or as soon thereafter as may be convenient, in the town of Shelbyville, in Shelby county, under the direction of Shannon Reid, Stephen H. Myles, Wm. C. Offutt, Saml. Glass, James H. Stone, Jas. Drane, Lindsey Thomas, E. C. Payne, Henry Harris, Geo. Wilcox, and Preston Thomas, or some two or more of them, who are hereby appointed Commissioners. The said Commissioners shall procure a book, and the subscribers to the stock of said company shall enter into the following obligation, viz: "We, whose names are hereto subscribed, promise to pay to the Commissioners of the Clear creek Turnpike Road Company, of Shelby county, the sum of fifty dollars for each share of stock set opposite to our respective names, in such proportions, and at such times, as said Commissioners may determine upon." The said Commissioners, or one or more of them, shall give notice in the Shelby News of the time and place of opening books for the subscription of stock in said company, and that they will continue open until the amount of capital stock shall be subscribed.

1850.

Name & style.

Object.

Capital stock

Com'rs to

open books.

Obligation of subscribers

Meeting to elect officers.

SEC. 4. So soon as ten thousand dollars shall be subsubscribed, the said Commissioners, or 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 President and four Directors, who shall hold their office for one year, and until others shall be elected and duly qualified. The said President and Directors shall, before they President, &c enter upon the duties of said office, take an oath, before some Justice of the Peace, that they will faithfully perform

to take oath.

1850.

other officers.

the duties of President and Directors, (as the case may be,) without favor or affection, according to the best of their Treasurer and judgment. Upon the qualification of the President and Directors, they shall appoint a Treasurer, and such other officers as they may deem necessary, who shall hold their Treasurer to office for one year, and until others shall be appointed. The Treasurer, before he enters upon the duties of his of fice, shall give bond, with good security, in such penalty as the President and Directors may direct, payable to the President and Directors of said company, conditioned that he will faithfully perform the duties of Treasurer.

give bond.

Corporate powers, &c.

on shares.

SEC. 5. Upon the election and qualification of the Presi dent and Directors, as aforesaid, they shall be a body politic and corporate, in deed and in law, by the name and style of the Clear Creek Turnpike Road Company, of Shelby county; and by said name shall have perpetual succession, and all the privileges and franchises incident to a corporation; and shall be capable of taking and holding their 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 heraditaments, and real and personal estate, as shall be necessary for them in the prosecution of their work; to sue and be sued, plead and be impleaded, &c., in Courts of record, or in any other place whatever; also, to have a common seal, and to do all and every matter and thing which a body corporate and politic may lawfully do.

SEC. 6. The number of votes to which each stockholder Votes allowed may be entitled shall be according to the number of shares he holds, viz: one vote for each share. The stockholders may vote in person or by written proxy, and no person who is not a resident of Shelby county, and a stockholder, shall be eligible as President, Director, or Treasurer; and the President and Directors shall cease to be such on his or Annual elec. their ceasing to be a stockholder; the annual election for a President and Directors shall be held annually on the second Monday in April, at such place as may be directed; at which time, the President shall lay before the stockholders an expose of the situation of the company. The company shall pass all by-laws necessary for the proper regulation of their proceedings.

ijona.

stock.

SEC. 7. The President and Directors, first chosen, shall Certificates of deliver a certificate, signed by the President and countersigned by the Treasurer, and sealed with the seal of the corporation, to each stockholder for the stock subscribed by him, and held; which certificate shall be transferable on the books of the corporation in person or by Attorney; but no share shall be transferred until all the calls and ar rearages are paid thereon; the original certificate of the share or shares transferred shall be surrendered, and a new

certificate shall issue to the purchaser, who shall then be a member of the corporation, and entitled to all the privileges and benefits that the original owner was entitled to.

1850.

Vacancies, & how filled, ag'ts,

SEC. 8. The President and Directors shall have power to fill vacancies occasioned by death, resignation, or other- &c., employed." wise; to appoint all such surveyors, engineers, superintendents, artists, officers, &c., as they shall deem necessary to carry on the work; to fix the salary and wages of all their officers and employees, and to remove any and all of them at pleasure; to provide their time, manner, and proportions, in which the stockholders shall make payments on their respective shares; to carry on the work; to draw orders on the Treasurer for all moneys necessary therefor, and do all such matters and things as, by this charter, and the by-laws of the corporation, they are authorized to do.

SEC. 9. The President shall give notice in the Shelby Calls on stock. News, for at least thirty days, of the amount of the call on each share of stock, and of the time of payment. If any stockholder shall refuse or neglect to pay his proportion of the stock, for the space of thirty days after the time appointed for the payment thereof, he shall, in addition to the installment called for, pay at the rate of one per cent. per month, for any delay of such payment, and if he shall fail to pay the amount of such call, and the penalty aforesaid, for the space of six months after the time such payment is required, he shall forfeit such share or shares to the corporation, and the amount that shall have been paid on them; and the President, by order of the board, after having given ten days public notice, may proceed to sell such forfeited shares, provided they shall bring the amount due and unpaid, upon such share or shares.

SEC. 10. The said road shall be so leveled and graded, that when completed, its greatest elevation shall not exceed four degrees; the width of said road shall be thirty feet, and the artificial part thereof shall not exceed twenty five feet, and the portion thereof McAdamized shall not exceed eighteen feet, and shall be fully seven inches in thickness or depth.

SEC. 11. It shall be the duty of the President and Directors, or a majority of them, to fix the route over which said road shall pass; and, for that purpose, to employ all necessary surveyors, agents, artists, engineers, chain carriers, &c., at the charge of said company; and they are hereby authorized to enter in and upon the land and enclosures, public roads and highways, in, through, and over which said intended road may be thought proper to pass, and to examine and survey the ground therefor, to examine for quarries, beds of stone, and other materials necessary for the completion and repair of said road; having due regard to economy, they shall locate the road as nearly on the line hereinbefore directed as the nature of the ground will allow.

Width grade.

and

Route, how to be fixed.