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tions. He shall pay over said tax to such persons as the court may direct. The sheriff shall execute covenant to the Commonwealth, with good security, to be approved by said court, conditioned for the faithful discharge of his duties under this act.

§2. That money arising under this act shall be applied exclusively to the payment of the present indebtedness of the said county.

3. This act shall remain in force only for two years from its passage.

Approved January 22, 1874.

1874.

How funds to be applied.

CHAPTER 90.

AN ACT to authorize the president and directors of the Nelson County Agcultural Association to borrow money.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That the president and directors of the Nelson County Agricultural Association may be permitted to borrow moneys, not exceeding the sum of one thousand dollars, to pay any debts they may incur, or to improve their grounds; and may, to secure such borrowing, mortgage any real estate owned by them, and may execute the bond or notes of the company in evidence of such indebtedness.

§ 2. This act shall take effect from its passage.

Approved January 22, 1874.

CHAPTER 91.

AN ACT for the benefit of Matt. Tewell and Martin Tewell and Stephen
Ritchie.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That Matt. Tewell, Martin Tewell, and Stephen Ritchie be, and they are hereby, authorized to erect a fish-dam at Tewell's rock, on the waters of Beech fork, in Nelson county, Kentucky.

§ 2. This act shall take effect from and after its pas

sage.

Approved January 22, 1874.

1874.

polls to elect road and bridge commissioner.

CHAPTER 92.

AN ACT for the benefit of Union county.

WHEREAS, It is represented to this General Assembly that great dissatisfaction exists among the citizens of Union county in relation to the manner of working the public roads and passways, and keeping in repair and building the bridges of said county; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the sheriff of Union county is hereby directed Sheriff to open and empowered to open a poll at the several voting precincts in said county, to be held at the next general election for justices of the peace on the first Saturday in May, 1875, for the purpose of electing a road and bridge commissioner for said county, whose duties shall be as hereinafter set forth.

to give bond.

§ 2. The road and bridge commissioner so elected shall, Commissioner at the next regular meeting of the county court after he is elected, enter into bond with the Commonwealth of Kentucky, with good and sufficient security, to be approved by said court, for the faithful performance of his duties as required by the provisions of this act.

§3 It shall be the duty of said commissioner, so elected Power and duties and qualified, to take charge of and have the general

of commissioner.

Term of office.

Salary of commissioner.

management and control of the working of roads, and repairing and building of bridges, within said county. He shall have the authority to let all or any work of such character, to be done by contract, to the lowest bidder, after having duly advertised the same for at least ten (10) days, by printed or written notices, posted in the vicinity of the work to be done, at the court-house door, and at least three other places in said county; and may require from any one taking any such contract bond, with good and sufficient surety, to be approved by him, for the faithful and diligent performance of the work so taken.

§ 4. Said commissioner shall hold his office for four years, or until his successor is duly elected and qualified: Provided, That the county court of said county, a majority of the justices of the peace concurring, shall have the right, at any time, to remove him for any neglect of duty, or malfeasance in office.

§ 5. Said commissioner shall receive an annual salary of not more than eight ($800) hundred dollars, to be appropriated by the court of claims, and payable out of the county levy.

§ 6. It shall be the duty of the assessor of said county Duty of assessor to list the property of each district therein separately, so that the taxes raised in each of said districts for road and

under act.

bridge purposes may only be used for the repairing and building of the roads and bridges in each district.

§7. The sheriff of said county shall be the collector of the taxes imposed by the court of claims for road and bridge purposes, shall be responsible on his official bond for the collection thereof, and shall only pay the same, when appropriated by the court, and upon the order of the commissioner herein provided for, or to any one whom the county court may appoint to receive the same

1874.

Duties of sheriff under act.

Commissioner to make report &

§ 8. The commissioner herein provided for shall settle his accounts, at least once in each year, with the county settlement. court, which said settlement shall exhibit the amount expended in each district separately, to whom paid, and for what purpose.

9. This act shall take effect from and after its passage.

Approved January 22, 1874.

CHAPTER 93.

AN ACT incorporating the bank of J. & J. A. Witherspoon, of Lawrenceburg, Kentucky.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

and style.

Stock $50,000:

may be increased

to $100,000.

1. That there is hereby established a savings and de- Location of bank, posit bank in the town of Lawrenceburg, Kentucky, with a capital of fifty thousand dollars, with the privilege of increasing the same to one hundred thousand dollars, in shares of one hundred dollars each, to be subscribed and paid for as hereafter specified; and the subscribers, their associates, successors, and assigns, shall be a body-politic and incorporate, by the name and style of the Bank of J. & J. A. Witherspoon, of Lawrenceburg, Kentucky, and shall so continue for twenty-five years from its organization; and shall have all the rights and privileges of a natural person in contracting and being contracted with, in suing and being sued, and of impleading, answering, and defending, in all courts and places whatsoever; said bank may have and use a common seal, and change the same at pleasure.

To continue for twenty-five years.

May sue and be sued.

To be controlled by directors-not more than 5.

§2. Said bank shall be under the control and management of not less than three nor more than five directors, less than 3 nor who shall be stockholders residing in this State; they shall hold their office until their successors are elected and qualified; and, after the first election, shall be elected the first Monday in January in each year, or so soon thereafter as practicably convenient, and in case of vacancy, the remaining directors shall have power to appoint

Time and mode

of electing directby-laws for its government.

ors, and to pass

1874.

a successor; they may elect one of their number president, who shall preside at their meetings, and perform such other duties as may be assigned by this charter or their by-laws; they shall have power to sell any of the stock remaining unsold, to declare dividends of the profits arising out of the business of the bank, to appoint such officers, agents, and employees as they deem necessary to conduct the business of the bank, and pay them for their services; to take from the president, cashier, and other employees, such bond as they may deem proper and reasonable to secure the faithful performance of their respective duties; and to make such by-laws as they may deem necessary for the proper management of the affairs of the bank: Provided, The same be not contrary to the Constitution and laws of this State and of the United Stock personal States. The stock shall be deemed personal property, and shall be transferable only on the books of the bank by the stockholder or his attorney, under such rules and regulations as the directors may, from time to time, establish. If any officer of the bank shall appropriate any funds of officers for mis said bank to his own use, or shall willfully fail to make correct returns, or knowingly make false ones on the books of said bank, with intent to cheat or defraud the corporation or other person, such officer shall be deemed guilty of felony, and shall, upon conviction thereof, be sentenced to confinement in the jail or penitentiary of this Commonwealth for a period of not less than two nor nore than five years.

property.

Penalty against

appropriation of funds, &c.

sioners appointed

and manner and

time.

§ 3. That J. Witherspoon, J. A. Witherspoon, and A. Commis: C. Witherspoon, are hereby appointed commissioners, any to procure sub- two of whom, after giving notice to the others, may open scription of stock, books in the town of Lawrenceburg and receive subscriptions for the capital stock of said bank; and whenever fifty thousand dollars of said stock shall have been subscribed and paid for, it shall be their duty to give notice to the stockholders, and appoint a day for the election of a board of directors, who shall hold their office until the ensuing annual election. The payments for the shares shall be one hundred dollars for each share, to be paid for at the time of subscribing. Said corporation may commence business so soon as the sum of fifty thousand dollars shall have been subscribed and paid in as capital. § 4. Said bank may receive deposits of gold and silver, Authorized to bank notes, and other notes which may be lawfully circudo general bank- lating as money, and repay the same in such money and personal & other at such times as may be agreed upon with the depositors by special or general contract; may deal in the loaning of money; may buy and sell bills of exchange, promissory notes, uncurrent money, stocks, bonds, mortgages, and other evidences of debt; take personal and other secu

receive deposits &

in g business; take

surety and sell

same.

rities for the payment of the same, and, upon the nonpayment of the debt on demand after maturity, may sell said securities in accordance with the provisions of an act, entitled An act for the benefit of the incorporated banks of Kentucky," approved March 16th, 1871. All promissory notes made payable at said bank, or other banks in this State, and inland bills of exchange which may be discounted and owned by said bank, shall be, and are hereby, put on the same footing of foreign bills of exchange; and like remedy may be had thereon, jointly and severally, against the drawers and indorsers.

5. It shall be the duty of the president of said bank, on the first Monday of January in each year, to pay into the State Treasury the sum of fifty cents on each one hundred dollars of capital stock, which shall be in full of all State tax or bonus, and be a part of the revenue proper: Provided, That nothing in this charter shall exempt the real estate or other property of the bank, not represented by the stock, from taxation: Provided further, That the stock and wealth of said bank shall be subject to State, county, and municipal taxation, the same as property of private individuals.

§ 6. This act shall take effect from and after its passage.

Approved January 22, 1874.

1874.

Tax to be paid to State, &c.

CHAPTER 94.

AN ACT for the benefit of D. C. Wilcox, late tax collector of the city of

Paducah.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Time extended in uncollected taxes.

which to collect

§ 1. That D. C. Wilcox, late tax collector of the city of Paducah for the years 1870, 1871, and 1872, be, and he is hereby, vested with the right, power, and authority, for and until the 1st day of January, 1875, to collect the uncollected taxes due said city for the years 1870, 1871, and 1872, under the tax-books of said city for said years now remaining unpaid, and the time is hereby given said May make levies. collector and extended to the 1st day of January, 1875, in which to make, and he is hereby given the right and power to make, levies upon and sale of the property, real or personal, of all delinquent tax-payers for said years, to satisfy such unpaid taxes; and in all other respects said collector shall be governed by the provisions of the charter of the city of Paducah, approved the 27th of March, 1872, as to the mode or manner of levy and sale, and return thereof, which charter is to govern all other mat

Provisions of

charter to apply said collection.

to and govern

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