1872.

§ 5. If a majority of the votes thus recorded shall approve of said charter, then the clerk of said city shall transmit a certified copy of the result of the same to both Houses of this General Assembly as soon as it may be in session thereafter; also a copy of said charter.

§ 6. The said commissioners may organize for the transaction of said work as they may deem best to promote the speedy completion of the same. They may employ a clerk, purchase stationery, and do such other acts as may be necessary to accomplish said work; and a majority of said commissioners shall decide all questions connected therewith.

§ 7. It shall be the duty of said commissioners to make up an account of expenses connected with, or incurred in, discharging their duties as said commissioners, and certify the same to the council of said city.

§ 8. The city council of said city shall audit and pay City council to the same, together with a reasonable compensation to said commissioners, for their labor and services in performing said work.

pay expenses.

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

Approved January 13, 1872.

name and powora.

CHAPTER 63.

AN ACT to incorporate the Louisville Union Depot and Transfer Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Louisville and Nashville Railroad ComCorporate pany, Jeffersonville, Madison, and Indianapolis Railroad Company, Louisville Bridge Company, Louisville, Cincinnati, and Lexington Railroad Company, and the Louisville, New Albany, and St. Louis Air Line Railroad Company, their associates and successors and assigns, be, and the same are hereby, constituted a corporation, to be known and called by the name of the Louisville Union Depot and Transfer Company, with power to adopt a common seal; to contract and be contracted with; sue and be sued; and shall have full power to purchase, lease, or otherwise acquire depot grounds in the city of Louisville and county of Jefferson; and to locate and construct thereon, keep up and maintain, a common or union station-house and passenger depot, with such warehouses and elevators connected therewith as may be convenient for the use thereof; and to construct, keep up, maintain and operate, or permit others to construct, keep up, maintain and operate, a union railroad, by two or more tracks connecting said Union Depot, tracks, grounds,

warehouses, elevators, and other buildings and improvements thereon, with the depots and tracks of any and all railroads that may now or hereafter terminate in said city of Louisville, either by their own tracks or by the use of the tracks over said Louisville bridge, desiring, by contract or otherwise, to enjoy the privileges of said Union Depot, warehouses, elevators, and other buildings, and to connect said Union Depot grounds, buildings, and tracks with the tracks on and over the bridge of the said Louisville Bridge Company, and generally to use and enjoy all the rights and powers incident to corporations, and which are convenient and proper to be used and enjoyed in and about the building and operating of a Union Depot, with the convenient warehouses, elevators, and other buildings and improvements connected therewith, and of railway tracks thereon, and of connecting the same by railway tracks with the tracks and depots of the railroad companies desiring to be so connected, and with the said Louisville bridge: Provided, That all railroad companies, whose lines of road are now, or may hereafter be, constructed to, and terminate in, said city of Louisville, shall have the right to have and enjoy the same and equal privileges in and upon the said Union Depot grounds, tracks, buildings, and other improvements, with the companies herein named as incorporators, or any other railroad company, in the use of the same, upon their paying, or securing to be paid, to the satisfaction of said Union Depot Company, their equal proportion of the cost of said Union Depot, grounds, tracks, buildings, and other improvements; and from time to time their proper proportion of the cost of keeping up, maintaining, and operating the same; such proper proportions being in the proportion to the use made of the same by said companies respectively: Provided further, That all railroads now constructed, or which may hereafter be constructed, to or near the Ohio river, on the north side thereof, and which, by contract or otherwise, shall use the bridge of the said Louisville Bridge Company in doing its business to and from said city of Louisville, shall, within the meaning of this act, be deemed, and held to be, a railroad terminating in said city of Louisville.

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term of service.

§ 2. The president of each of the corporators above Directors and named shall be ex-officio a director in the said Union Depot and Transter Company, and shall serve until their successors shall have been elected and qualified as in this act provided.

§3. Said corporation shall, by its by-laws, provide for the election of the directors thereof, designating the number, and determining their qualification, and the manner and time of their election; the number and title of the

May provide for election of

all officers, and prescribe their

duties.

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damnum

for their depot, &c.

officers thereof, and the time and manner of their appointment, and the duration of their term of office; the amount of the capital stock of said corporation, dividing the same into shares, and determining the amount of each share, which capital stock may be increased and diminished as required, in the judgment of the directors of said corporation, by the necessities or interests of said company; which capital stock is declared to be personal property, and subject to the laws governing personal property, and shall be free from all claim of dower; and such by-laws shall have the same force and effect as if enacted herein. And the said corporation shall have power to adopt such other by-laws for the government of the company, its officers, agents, and servants, in the general undertaking of the business of the corporation, as in the opinion of such directors may be needful and proper, and to alter and amend or repeal the same in accordance with the provisions thereof.

§ 4. Should the said corporation be unable to agree with May sue out the owners for the purchase of the land necessary or conwrit of ad quod to venient for the erection of their depot buildings, as aforecondemn lands said, or for the right of way for such railways as they may desire to construct by virtue of this act, connecting such Union Depot buildings and tracks with the depots and tracks of other railroads, and with said Louisville bridge, said corporation may file a petition in the Louisville chancery court, stating the fact relied upon, describing the property sought to be condemned, and making the owners and all persons having liens thereon, or interests therein, parties thereto, and praying that the value of the same may be assessed, and that the property described, or the right of way demanded, as the case may be, shall be condemned for the use of said corporation, of which suit notice shall be given as is provided in other like causes tried in said court.

§ 5. Whereas, the issues in such cause shall be made up; if either party shall demand a jury the chancellor shall fix a day for the trial, and shall direct the marshal of said court to select and summon a jury, in such manner, and from such class of citizens, as such chancellor shall by rule of court order and direct; which said jury shall assess the value of the land sought to be condemned, or the damage arising from the use of the right of way claimed; and upon the payment into court of such sum so assessed, the chancellor shall direct the commissioner of said court to convey such real estate or right of way to said corporation; new trials, rehearings, or appeals, may be had in all such cases as in other chancery cases. If neither party shall demand a jury, the chancellor shall try the cause. Evidence may be aken according to the practice of said court; or if the trial

is by jury, either party may, at their option, produce witnesses on the trial.

6. Said corporation may employ such number of policemen or guards, to be paid by said corporation, as may be necessary to preserve order and protect persons and property in and about the depots and railway lines; such policemen shall be appointed by the corporation, and when any such appointment is approved by the general council of the city of Louisville, such policemen so appointed and approved shall have the same powers, and perform the same duties, as the policemen of the said city of Louisville have and perform.

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May appoint police.

Powers and du

ties of police.

May issue

bonds, and pro

the same.

§ 7. That said corporation shall have power to borrow money on credit of the corporation, not exceeding the vide for paying amount of its capital stock, at a rate of interest not exceeding eight (8) per cent. per annum, payable semiannually, and may execute notes or bonds therefor, in sums not less than one hundred dollars, and execute a mortgage or trust deed upon its property then or thereafter acquired, to secure the payment of the principal and interest; and the stockholders of sald corporation, individually or in their corporate capacity, or any of the railroad companies which, by contract or otherwise, may acquire the right to use such Union Depot and other buildings, grounds, and tracks, are hereby authorized to guarantee the payment of the same; and the corporation hereby created may dispose of such notes or bonds at such rate of premium or discount as the directors may deem best for its interest.

§ 8. Nothing in this charter shall be so construed as to affect any of the rights of the city of Louisville to any of the streets, alleys, and public ways now enjoyed by said city, and no street, alley, or public way shall be used or occupied by said company without having first obtained the consent of the general council of the city of Louisville.

9. This act to be in force and take effect from and after its passage.

Approved January 15, 1872.

CHAPTER 64.

AN ACT for the benefit of common school district No. 23, in Livingston county.

WHEREAS, The Shelton High School is taught in Smithland, in Livingston county, and in common school district No. 23, in said county of Livingston; and whereas, it is represented to this General Assembly that it is to the

1872.

interest of the citizens and children of said common school district to have the common school in said district taught in connection with the school of said seminary; therefore,

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

§ 1. That it may be lawful for the trustees of common school No. 23, in the county of Livingston, to have the common school for said district taught in connection with the school of said seminary.

§ 2. This act to take effect from and after its passage. Approved January 13, 1872.

CHAPTER 65.

AN ACT for the benefit of the estate of Thos. H. Crawford.

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

§ 1. That it shall be lawful for the administrator of the estate of Thos. H Crawford, deceased, to institute suit in the Louisville chancery court against the heirs and cred itors of the said T. H. Crawford, under chapter four (4), title two (2), of the Civil Code of Practice, to settle the said decedent's estate; and said court shall have, maintain, and exercise, in all respects, the entire and complete jurisdiction in said suit, and proceedings therein, to the same extent as if the said Crawford had resided in Jefferson county at the time of his death, and administration had been granted on his estate by the county court for said county of Jefferson. The proceedings in said suit shall conform to the provisions of said chapter tour of said Civil Code of Practice.

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

Approved January 13, 1872.

CHAPTER 66.

AN ACT for the benefit of B. K. Bethurum, late sheriff of Rockcastle county, and his sureties.

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

§ 1. That B. K. Bethurum, late sheriff Rockcastle county, and his securities, be, and they are hereby, relieved from the payment of the sum of one hundred and fifty-three dollars and seventy-six cents, being the damages adjudged against them at the June term, 1871, of the Franklin cir