and powers. 1872. cessors, be, and they are hereby, created a body-politic and Corporate corporate, under the name and style of the "Ludlow and name and style Pleasant Run Turnpike Company;" and by the said name and style shall have the power to contract and be contracted with, sue and be sued, plead and be impleaded, answer and be answered, in all courts and places in this Commonwealth; and to have and use a common seal, and break, alter, or change the same at pleasure. § 2. The said company is hereby authorized and empowered to construct a turnpike or macadamized road from the city of Ludlow, in Kenton county, to some point in the interior of said county, not exceeding ten miles; and in Capital stock. order to secure the funds necessary to construct the same, shall have the power to raise a sum not exceeding thirty thousand dollars, to be divided into shares of fifty dollars each. for subscription of stock. § 3. That the books for the subscription of stock shall be May open books opened in the city of Ludlow, and such other places as may be deemed best under the direction of the persons hereinbefore named, all of whom are hereby made commissioners for the purpose of obtaining subscriptions to the capital stock of said company; and they shall provide one or more books, which shall contain the following obligation, to be signed by every person who shall take stock in said corporation, viz: “ We, whose names are hereto subscribed, do severally bind ourselves to pay, respectively, to the president and directors of the Ludlow and Pleasant Run Turnpike Company the sum of fifty dollars for each and every share of stock set opposite our names, in such manner and proportion, and at such times, as shall be required by the president and directors of said company;" and when the president and directors shall be chosen, as hereinafter provided, they shall have full control of said book or books, and may cause the same to be opened until the entire amount of stock herein authorized is subscribed. how chosen. offices-how § 4. That as soon as a majority of said commissioners Directors shall be of opinion that a sufficient amount of stock is subscribed to justify the commencement of said road, they shall call a meeting of the stockholders and hold an elec. tion for a president and five directors, who shall hold their offices for one year, and until their successors are chosen : Vacancies in Provided, That should a vacancy occur, the remaining directors shall fill the same by appointment until the next regular election; and should the offices of all the directors become vacant, any three stockholders may call Directors to a meeting to elect their successors. The directors shall appoint officers have power to appoint a secretary and treasurer, and such other officers as may be deemed necessary; and the treasurer, before he enters on the discharge of his duties, shall filled. ! execute a bond and security to the said company for the 1872. May acquire, hold, or sell qu $5. That said corporation shall have power to acquire, hold, or sell real and personal estate, as the same may be real estate. deemed necessary in the construction of said road; and to do all other acts and things necessary in the exercise of the powers herein expressly conferred. road. Width of When com pleted, may and charge toll § 6. That the entire width of said road shall not exceed fifty feet, and the macadamized part thereof shall not be less than twenty feet nor more than twenty-five feet wide; and whenever the same shall be completed, the directors shall call upon the two justices of the peace residing nearest thereto, and not interested therein, to examine the same; and if they shall, by a written statement to be filed with the county clerk of Kenton county, certify that erect toll gates the same is done in a good and substantial manner, then the said company may erect one or more toll gates on said road, the same not to be less than five miles apart, and may charge and collect from the persons traveling on, or using the same, the rates of toll not exceeding those now charged by the Covington and Lexington Turnpike Company: Provided, That when said company shall have completed two miles or more of said road, and a statement thereof is filed as above set forth, they shall have the right to erect a gate or gates thereon not less than five miles apart, and charge rates of toll as above, in proportion to the distance traveled: Provided further, That all persons going to and returning from church, and all children going to and returning from. school, and all neighborhood funerals, going and returning, shall be free from any charge. §7. That the provisions of the Revised Statutes regarding turnpike companies, and not inconsistent with the provisions of this act, shall be parts hereof. 8. That it shall be lawful for the city council of Ludlow, or any corporation created by law, by their agent appointed for such purpose, to subscribe stock in said company. § 9. That if in the construction of said road it shall be § 10. That this act shall be in force from and after its LOC. L.-22 1872. sell property for taxes. sales. CHAPTER 268. AN ACT to facilitate the collection of taxes in McCracken county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. It shall be lawful for the sheriff or any collector of Sheriff may railroad and special taxes for McCracken county to levy on and sell the property of any person against whom he may have such taxes for collection. He shall first levy on personal property, if the person owns such unencumbered; and if not, then he may levy on and sell any real estate to which the person owing said taxes may have the legal or Said sheriff equitable title. In selling personal estate, the same notice give notice shall be given which sheriffs are required by law to give for the sale of similar property under execution; and in selling real estate he shall give notice, for twenty (20) days, of the time and place of such sale, in some newspaper published in Paducah; and said sale shall be made on the first day of some public court for said county, at the court-house door in Paducah, for cash, and for the amount of said tax, and the cost of advertising, and ten (10) per cent. commission, and as now provided by law for the sale of real estate under execution, with the same right of redemption Provided, That all property owned by any person owing taxes as aforesaid shall be liable to be levied on and sold for the payment of such taxes. to attend sales property 80 elerk. § 2. It shall be the duty of the county judge to attend County judge (in person or by proxy) all sales of real estate made for and protect in- said taxes, and to bid for said property if, in his judgment, terest of county it be to the interest of the county he should do so, and have Sheriff to re- the same struck off to the county; and it shall be the duty turn list of of the collector to return, within twenty (20) days after sold to county making a sale of real estate, to the county court clerk, a list showing the owners of property so sold, a description of same, name of the purchaser, and the amount for which it was sold; and it shall be the duty of said county clerk to keep a book, in which he shall enter all such sales, and to file the report of sales returned by the collector; and such sales shall vest in the purchaser the title of the person owing such taxes. redeem prop erty years. in § 3. It shall be lawful for any person, where real estate Owners may has been sold for taxes as aforesaid, or any person claimtwo ing under him, to redeem the same by the payment of the taxes and costs and twenty (20) per cent. thereon, at any time within two years from the time of sale, provided said property has sold for less than two thirds of its appraised value. Married women and infants, and others laboring under legal disabilities, shall have one year after the removal of their disabilities to redeem their real estate by paying the taxes and costs and ten per centum per annum interest thereon; and it shall be the duty of said clerk to 1872. County clerk receipt for re receive and receipt for such redemption money as above provided, and enter the amount opposite the name of the owner of said property, and give the owner a certificate to receive and showing the redemption thereof, for which he shall charge demption mona fee of (50) fifty cents; and he shall pay all moneys so received to the treasurer of the county, and shall be liable on his official bond for the money so received. ejs. If not re deemed, title of or County to be § 4. If property be sold and is not redeemed as provided in this act, the county court may take possession thereof purchaser through its agents or tenants; sell so much of said real absolute. estate, or the timber thereon, as may be necessary to pay said taxes, interest, and costs, or may lease any of said real estate for a term of years; and sales of such real estate shall vest the title, absolutely, in the purchaser or purchasers; or the court may, by a suit in equity, enforce the lien herein given, and sell the interest of any owner whose land or lots may have been sold for taxes and purchased by said county as aforesaid; and an individual purchaser may enforce his lien in equity. 5. The collector of said taxes shall have power to enforce the collection of same as provided by an act approved March 5th, 1863, applicable to sheriffs in the collection of State revenue. § 6. There shall be a perpetual lien on the property in said county of any person against whom said tax may be assessed until the same be paid to the county, or any collector who may be compelled to pay the same before he receives it, or to any other person who may have paid off such taxes for, and at the request of, the owner of said property, or at a sale. Taxes to be a lien on prop erty. Deed to be made to par § 7. It shall be the duty of all collectors of the taxes provided for in this act to make to the purchaser a deed chaser. according to the provisions of this act, for which he shall have a fee of fifty cents. § 8. This act shall take effect from its passage. Approved February 12, 1872. CHAPTER 269. AN ACT to amend an act to incorporate the Clark County Agricultural Association. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section five of an act, entitled "An act to incorporate the Clark County Agricultural Association," approved March 6th, 1867, be, and the same is hereby, repealed. § 2. That so much of section one of an act, entitled "An act to amend the charter of the Clark County Agri 1872. cultural Society," approved March 16th, 1869, as requires that two directors shall be chosen from each civil district in said county, be, and the same is hereby, repealed. §3. That the name of said association be changed to that of Clark County Stock Society. § 4. This act shall be in force from and after its passage. Approved February 12, 1872. district. CHAPTER 270. AN ACT to establish the Ohio River and Tygart's Drain District, in Greenup county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all that part of Greenup county on the Ohio river and Tygart's creek bottoms, which lies within the folBoundary of lowing boundary, viz: The Harney, Thruston, and Taylor survey, on the east side of Tygart's creek, and running up the Ohio river so as to include all of the bottom lands between the hills and said river, up to and including the farm known as the Albertson farm, is hereby included in a district known and called "The Ohio River and Tygart's Drain District, in Greenup county." to be elected. name and powers. commission ers fice. 66 § 2. There shall be elected by the voters within said disCommissioners trict three commissioners, to serve for the term of three years, who shall be known and called Commissioners of the Ohio River and Tygart's Drain District, in Greenup Corporate county;" and by that name shall be a corporation, with power to sue and be sued, defend and be defended, in all courts of this Commonwealth and elsewhere, as a natural person, and do all other things necessary to be done to carry into effect the provisions and purposes of this act. Election of The first election of commissioners shall be on the third and term of of Saturday in April, 1872; and the commissioners then elected one shall serve for one year, one for two years, and one for three years, who shall, within ten days after their election, qualify in the Greenup county court, by taking the oath of office, and by executing bond for the faithful discharge of their duties, and determine by lot which of said periods they each shall fill; and on the third Saturday in April, in each year thereafter, an election shall be held to fill the place of the commissioner whose term shall then expire; the term of each commissioner thereafter shall be three years; each commissioner shall continue in office until his successor, duly elected, shall quality; any vacancy that may occur may be filled by the commissioners remaining in office until the regular election herein provided for shall take place. |