CHAPTER 297. AN ACT for the benefit of the Henry, Oldham, and Jefferson Turnpike Road WHEREAS, It is represented that there is a large debt due and owing by the Henry, Oldham, and Jefferson Turnpike Road Company, and that the stockholders being anxious to pay off and liquidate the same; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1872. to vote on sale § 1. That the question of selling the stock in said turn- Stockholders pike company shall be submitted to the real bona fide of stock. stockholders of said company, each stockholder having to order eleo Where said election shall a vote or votes for each share or shares that he may own in said company. The county judge of Oldham County judge county shall, upon the application of any two or more tion. of the said stockholders, by order of court, fix a day upon which said election shall be held; a copy of the order shall be posted at the court-house door of Oldham county, and at three other public places near where the said road runs. For the purpose of conducting said election, the county judge of Oldham county shall appoint two persons disinterested to act as judges, and a clerk, and shall require the attendance of the sheriff. The election shall be held at Ballardsville, in Oldham county, and be held. between the hours of nine o'clock, A. M., and three P. M.; and for taking the sense of the stockholders of said company, a poll-book shall be prepared, with two columns, one headed for the sale of stock, and one column headed against the sale of stock. It shall be the duty of the Duties of clerk and judges of said election to certify and deliver officers of eleothe poll-book to the sheriff, whose duty it shall be to deliver the same to the county judge, who, together with the county clerk, shall examine the same, and keep the same on file in the clerk's office. If those persons representing a majority of the stock in said turnpike road company vote for the sale of the same, the stock of said road may be sold at public outcry, or privately, if deemed best for those in interest, by notice first being given of the time and place of sale, at least ten days prior to the day of sale; and the now president of said road is, by this act, authorized and empowered to make all the proper and necessary assignments, in order to carry out the object of this act; and his acts done under and by virtue of this act are, to all intents and purposes, valid and binding. 2. That the stockholders, and all persons living along tion. If vote is fa vorable the stock shall be sold at auction. 1872. the line of said road, are, by this act, compelled to work on said road to keep it in proper repair. § 3. This act to be in force from its passage. Approved February 17, 1872. CHAPTER 298. AN ACT to amend the charter of the town of Harrodsburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That section first of an act approved February 3d, 1871, chapter 1212, relating to the town of Harrodsburg, be, and the same is hereby, repealed: Provided, however, That before this act shall be of any force or effect, it shall be the duty of the trustees of the town of Harrodsburg to submit it to the decision of the qualified voters of said town, at an election to be held at the court-house in Harrodsburg, on the first Monday in the month of March, 1872. Approved February 17, 1872. CHAPTER 299. AN ACT for the benefit of A. Portwood, sheriff of Anderson county. WHEREAS, George Smith was sentenced to be confined in the State House of Reform at the June term, 1871, of the Anderson county circuit court, and was, under a sentence of said court, taken by A. Portwood, sheriff of Anderson county, to the city of Louisville; and the account of said Portwood for his expenses incurred in performing said services having been inspected and approved by said court, amounting to forty-two dollars and forty cents, therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of the State shall draw his order upon the Treasurer of State in favor of A. Portwood, for the sum of forty-two dollars and forty cents. § 2. This act shall take effect from and after its pas sage. Approved February 17, 1872. CHAPTER 300. AN ACT for the benefit of the creditors of the Winchester and Muddy Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That whenever any creditors of the Winchester and Muddy Creek Turnpike Road Company shall file a petition in equity, in the Clark circuit court, alleging the insolvency of said company, the said court shall have jurisdiction and authority to order and direct a sale of said road, together with its franchises, if, on trial, it appears that such sale is necessary to pay the debts of said company. §2. The proceedings in such cases shall be conducted as now required in the settlement of the estates of insolvent decedents. §3. The purchaser, under any sale made by virtue of this act, shall be required to keep and maintain said road as the said road company is now required to do by its charter, and shall succeed to all the rights and privileges of said company, and subject to all the penalties appertaining to it, except that the said purchaser shall be individually responsible for all debts, contracts, or liabilities incurred after the control of the road shall have been surrendered to him. §4. This act to take effect from its passage. Approved February 17, 1872. 1872. CHAPTER 301. AN ACT for the benefit of the Beard's Station, Floydsburg, and Aiken WHEREAS, It is represented that there is a large debt due and owing by the Beard's Station, Floydsburg, and Aiken Turnpike Road Company; and that the stockholders, being anxious to pay off and liquidate the same, therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: Question of sale of stook ted to stookholders. § 1. That the question of selling the stock in the said turnpike company shall be submitted to the real bona fide to be submitstockholders of said company, each stockholder having a vote or votes for each share or shares that he may own in said company. The county judge of Oldham county shall, upon the application of any two or more of the said stockholders, by order of court, fix a day upon which said election shall be held; a copy of the order shall be posted at the court-house door of Oldham county, and at County judge to order eleo tion. 1872. tion shall be held. of election. three other public places near where the said road runs. For the purpose of conducting said election, the county judge of Oldham county shall appoint two persons disinterested to act as judges, and a clerk, and shall require Where elec- the attendance of the sheriff; the election shall be held at Ballardsville, in Oldham county, and between the hours of 9 o'clock, A. M., and 3 P. M.; and for taking the sense of the stockholders of said company, a poll-book shall be prepared, with two columns, one headed" For sale of Stock," and one column headed " Against the sale of Stock." Duty of officers It shall be the duty of the clerk and judges of said election to certify and deliver the poll-book to the sheriff, whose duty it shall be to deliver the same to the county judge, who, together with the county clerk, shall examine the same, and keep the same on file in the clerk's office. If vote is fa- If those persons representing a majority of the stock in said turnpike road company vote for the sale of the same, the stock of said road may be sold at public outery, or privately, if deemed best for those in interest, by notice first being given of the time and place of sale at least ten days prior to the day of sale; and the now president of said road is, by this act, authorized and empowered to make all the proper and necessary assignments in order to carry out the object of this act; and his acts done under and by virtue of this act are, to all intents and purposes, valid and binding. vorable, stock shall be sold at auction. § 2. That the stockholders, and all persons living along the line of said road, are, by this act, compelled to work on said road to keep it in proper repair. §3. This act to be in force from its passage. Approved February 17, 1872. CHAPTER 302. AN ACT for the benefit of the sureties of J. C. Calhoun, late sheriff of Mc- WHEREAS, The late James G. Edens, A. S. Jones, and John W. Sanner became sureties on the official bond of J. C. Calhoun, late sheriff of McCracken county, Kentucky, for the collection and disbursement of the revenue due from said county to the State for the year 1870; and whereas, also, by reason of said Calhoun's failure to pay into the State Treasury the amount so due from said county as revenue for said year 1870, the State entered up judgment against said Calhoun and his said sureties for $8,739 41 principal, with interest thereon at the rate of six per cent. from June 1st, 1870, until paid, and the further sum of $1,747 88 damages arising thereon, with $3 10 cost, making a total of $10,490 39; for which sum execution issued against said Calhoun's sureties, and was levied on the property of said Edens prior to his death; and whereas, it has been represented to this Legislature. that the sale of said property so levied on under said execution would certainly result in great loss, and inflict irreparable damage upon the widow and heirs of said Edens without, perhaps, fully paying said debt so due as aforesaid to the State; now, therefore, the more fully and certainly to secure the payment of said debt so due to the State, and to avoid, as far as may be, loss, the sacrifice of said property, and injury likely to result to said widow and heirs from a forced sale of same, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the execution against said Calhoun and securities in favor of the State of Kentucky, so far as the same is to be levied and satisfied out of the estate of the late J. G. Edens, deceased, be by the Auditor of State held up for the present; and that W. G. Blount, executor of said Edens, be given and allowed the further time of two years in which to make sale of said property (it being wholly real estate), and to pay said debt so due from his testator to the State of Kentucky: Provided, however, That the State shall in no event lose her present and existing lien on said property. §2. That when the principal of said debt, together with interest thereon at six per cent. per annum, from June 1st, 1870, and cost of suit, shall be paid in full to the Auditor of State, or his authorized agent, that the damages arising upon the same be, and they are hereby, released. The same time and benefits hereby given to the estate and representative of said Edens shall be extended and given to the other sureties, or their representatives, of said Calhoun, named in said execution. But this act shall take effect when, and not until, the said sureties, or their personal representatives, shall, in writing, before the county court of McCracken county, to be filed with the clerk and entered of record in the order-book of the county court, consent to the extension allowed by this act, a copy of which written consent shall be forwarded by the clerk to the Auditor of Public Accounts. § 3. That this act shall take effect from its passage. Approved February 21, 1872. 1872. |