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Shivell, George Ratcliffe, A. J. Ogilvie, and J. C. Small, are hereby appointed commissioners to open books and receive subscriptions of stock to said road, either or all of whom may act.

1872.

The capital stock of said road shall Capital stock.' be one hundred thousand dollars, divided into shares of fifty dollars each.

given of meet

balders to elect

officers.

§6. Whenever five thousand dollars or more is subscribed, Notice to be public notice shall be given in some newspaper published g of stockin Paducah, for ten days, of the time and place of meeting of the stockholders, who shall have one vote for every share of stock, and may vote in person or by written proxy; and they shall proceed to elect a president and six directors, a treasurer and secretary, all of whom shall hold their office for twelve months, and until their successors are qualified. Elections shall thereafter be held annually at such times and places as the board of directors may direct, notice of which shall be given in some newspaper published in Paducah for five days before the election. The treasurer shall execute bond, with good security, for Duties of treasthe discharge of such duties as the directors may impose urer. upon him, and the safe-keeping and payment of all sums of money which he may receive to the order of the president and directors, upon which bond or covenant he and his securities may be sued for any breach. Said bond shall be filed with the county clerk of McCracken county, and by him safely kept; and each successive treasurer shall execute a like bond, to be approved by the president and directors, and filed as aforesaid. At the first or any subsequent annual meeting of the stockholders for the my fix salaries election of their president and directors, &c., they may also fix and determine the salaries to be paid their officers; and the sums thus fixed shall not be altered except by vote of the stockholders at some regular annual election.

§ 7. As soon as said election is held, said president and directors shall constitute and be a body-politic and corporate, under the name and style aforesaid, and be vested with all the powers hereinbefore specified, and shall have perpetual succession, and have all the franchises usually granted to similar corporations.

§ 8. The president and directors shall have kept by the secretary a book showing all their proceedings; and shall meet at least every three months at such time and place as said president may direct, of which each director shall be notified; and a majority of directors shall constitute a quorum to transact business.

9. As soon as the president and board is organized as aforesaid, they shall have the road located by a competent engineer, from Paducah to Woodville, as nearly as may be upon the bed of the old county road, and may branch to Hinkleville and Metropolis whenever they see proper.

Stockholders ot all officers.

1872.

Notice to be

given of calls

on stock.

Penalty for

failing to pay call.

evading payment of toll.

§ 10. The president shall give notice of the amount of call on each share of stock, and of the time of payment; and if any stockholder shall fail to pay his amount of stock so called for, for the space of thirty days after it is due, it shall draw ten per cent interest; and if not paid in six months, the stock of such stockholder shall be forfeited to the company; and the president shall sell said forfeited stock at public sale, and the proceeds shall go into the treasury of the company. No stockholder shall at any time vote after the first election who has not paid up all calls on his stock.

§ 11. That if any person shall go around or turn off of Penalty for said road with intent to avoid the payment of toll, he or they so offending shall be fined ten dollars, to be recovered by a warrant before any justice of the peace for the use of the road; and said judgment shall be collected as other judgments or fines are collected.

Approved March 1, 1872.

may extend their road.

CHAPTER 384.

AN ACT to amend an act, entitled "An act to incorporate the Bowling
Green and Madisonville Railroad Company," approved the 22d day of
March, 1871.

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

1. That the corporation created by the act to which Corporation this is an amendment shall have power to extend their line of railway from Madisonville to any point on the Ohio river, in the direction of St. Louis, in the State of Missouri, which may be selected by said company or corporation for the terminus of said road on said river.

May contract for use of con

mecting roads. Capital stock may be increased.

§ 2. Said corporation or company shall also have power and authority to extend their said road from the town or city of Bowling Green, eastwardly, to a point or points on the Tennessee State line, by way of Scottville, in Allen county, Kentucky, in the direction of Knoxville, Chattanooga, or Cumberland Gap, in the State of Tennessee, with a view to forming connections with the lines of railroad running from said point or points; and upon said company or corporation obtaining permission from the State of Tennessee, they may extend their line of railway to any point or points in said State.

§ 3. Said corporation or company may contract for the use of any line or lines of railroad running from any of the termini of said road.

4. The capital stock of said company may be increased, upon the location of said road or roads, to any

sum not exceeding thirty thousand dollars per mile to the extent of the road or roads so located.

§ 5. That when the subscription of stock to the amount or value of twenty-five thousand dollars shall have been made to the capital stock of said company, the cominissioners shall give at least twenty days' notice thereof, in one or more newspapers published in Bowling Green, Madisonville, and Greenville, and assemble the subscribers at some suitable time and place, and such of them as shall have paid two dollars in cash upon each share of stock subscribed by them respectively shall proceed to elect from their own number nine directors for said company.

1872.

When $25,000 in stock is sub

scribed. may call meeting of elect officers.

stockholders to

officers.

§ 6. That no person shall be elected to the office of pres- Qualification of ident or director for said company who does not own at least two shares of the capital stock thereof.

ties subscribe

ceipts to be

stock.

§. Should any county along the line of said proposed Where counrailroad, or through which the railroad will pass, vote to stock. tax resubscribe stock to said company, and consequently assess taken as part a tax to provide for the payment of the county bonds, payment of and the interest that may accrue thereon, which may be issued in consequence of said vote, then any citizen paying county tax for the aforesaid purpose, and who has subscribed or owns stock in said co npany, may, at his or her option, lessen the amount of his or her individual stock, by paying same with his or her tax receipt for said railroad tax, and shall only receive stock certificates to the amount of money paid over and above said tax receipts presented.

§ 8. That Dr. S. A. Jackson, Ephraim Welbourne, J. H. Reno, E. R. Meiro, S. P. Love, Geo. Parks, H. D. Rotherock, John Kithinger, and Lot Pemrod, of Muhlenburg county; and Daniel Hunt, W. W. Read, H. B. Turner, Wm. Colman, and J. W. Mason, of Butler county; and T. H. Chapman, of Warren county; G. M. Mulligan, A. S. Walker, John H. Collins, T. Marion, John J. Gatewood, G. B. Woodcock, Samuel J. Read, B. W. Stone, Sebastian Heeter, Henry Cornwell, and Sidney W. Prewitt, of Allen county, are hereby made incorporators of said company, and constituted commissioners to open books and receive subscriptions of stock to the capital stock of said company, at such times and places, and upon such terms and conditions, as they may deem proper, and are hereby vested with all the rights and powers of the original incorporators mentioned in the act to which this is an amendment.

§ 9. Said company is hereby authorized and empowered to build any or all of the line of said railroad indicated by this act; and the provisions of this act, and the acts to which this is an amendment, shall apply to the locating, building, and operating said road, or any part thereof,

Corporators'

names.

1872.

which may be constructed by said company between any
points on said line of railway mentioned in this act.
§ 10. This act to take effect from its passage.

Approved March 4, 1872.

Council may order condem

nation of property.

residents or ab

CHAPTER 385.

AN ACT to amend the charter of the city of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That in lieu of section ten of the charter approved 3d of March, 1870, entitled "An act establi-hing a new charter for the city of Louisville," the following law shall prevail concerning the condemnation of property for city purposes: That whenever, in the opinion of the general council, property shall be needed for municipal purposes, either within the boundaries of said city or the county of Jefferson, said council may, by ordinance, order the condemnation of such property. The proceeding for that purpose shall be instituted by the city attorney, either in the Jefferson court of common pleas or in the Louisville chancery court, and shall be carried on as near as may Notice to be be as actions at law by ordinary proceedings; warning given to non- orders against non-residents, absent defendants, or unsent owners of known owners of property, must be published three times such proceedings. in one of the daily newspapers published in said city, the last publication at least ten days before the trial. The owners of distinct parts of one contiguous tract may all be included in one proceeding, or any one or more of them holding contiguous tracts may be proceeded against in a separate action. The courts shall make all such orders, rules, and judgments as will secure a fair trial by an impartial jury of not less than six freeholders of said city or county, and shall give precedence to these trials upon its docket as soon as the parties are before the court and the issues made up. The jurors shall be sworn truly and impartially to ascertain and determine by their verdict the amount of compensation each owner will be entitled to, if his land or property described in the petition is condemned.

§ 2. The court in which these proceedings are brought Court to fix shall have power to assign a day for the trial of the case as soon as the petition is filed.

day for trial.

ment of com

3. Upon the return of the verdict the court shall enter Upon pay- judgment vesting title to the property described in the city pensation, title of Louisville, said judgment to take effect upon the payof Louisville. ment into court, by the city of Louisville, of the amount of money named in the verdict; but the city of Louisville shall have thirty days within which time to make said

to vest in city

compensation, and if not so made within said time, said city shall be deemed to have abandoned that condemnation, and that proceeding shall be dismissed at its cost, but without prejudice to any subsequent proceeding.

1872.

Council may

issue bonds to

house, pesthouse, &c.

§ 4. That for the purpose of building an alms-bou-e, work-house, and pest-house, the general council may, by build almsordinance, cause to be issued the bonds of said city, not to exceed the sum of two hundred thousand dollars in amount; said bonds shall be made payable not exceeding thirty years from date, and at such place as shall be designated in the ordinance or resolution authorizing their issue, not to bear interest more than the rate of seven per cent. per annum, payable semi-annually, for the payment of which interest coupons may be attached to said bonds. The said bonds shall be signed by the mayor of said city, under the corporate seal, and countersigned by the auditor of said city; the auditor shall also sign each of the coupons thereto attached.

For purpose of cleaning footis divided into

ways, &c., city two districts.

Council to assess tax to pay for said re

§ 5. That in lieu of section thirteen of the charter approved 3d of March, 1870, entitled "An act to establish a new charter for the city of Louisville," the following law shall prevail concerning the repairing and cleaning public ways, and making footway crossings: That for the pur. pose of repairing and cleaning the public ways, and making footway crossings, the city of Louisville is divided into an eastern and western district, the dividing line to be the property line on the west side of Third street; and the general council shall assess the expense of repairing streets, cleaning streets, and making footway cros-ings upon the property therein as it is assessed for other city pairs, &c. purposes, to be collected in the same manner, not to exceed thirty cents on each one hundred dollars' worth of property annually. If the amount collected in any year shall not be expended for thes purposes, the surplus shall remain to the credit of the district in which it was collected, and be applied to no other purpose than to diminish the assessment of the district in the ensuing year. Contracts shall be awarded to the lowest and best bidder for the work and materials used in each district, for repairing and cleaning public ways, and making footway crossings, separately or together, for such time as may be prescribed by ordinance, and good security required from the contractors.

Contracts for

said work to be

given to lowest

& best bidder.

May issue bonds to pay for

Chicago suffer

ers.

6. That for the purpose of paying a subscription made by the general council of the city of Louisville to the subscription to Chicago sufferers, the mayor of said city is authorized to issue and dispose of the bonds of said city sufficient to raise the sum of filty thousand dollars in cash; said bonds shall be made payable, not exceeding thirty years from date, and at such place as shall be designated in the bonds, not to bear interest more than the rate of seven

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