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1872.

Powers of

proceedings, and may pass such by-laws, rules and regula-
tions, for the good government and police of said district,
as they may see fit, not inconsistent with the Constitution trustees.
and laws of this State or of the United States, and pro-
vide for their observance by adequate penalties, which
may be enforced before the justices of the peace for said
district; they may make regulations to prevent stock of all
kinds from running at large in said district, and provide
a pound for impounding such stock, at the cost of the
owner thereof, and shall have a lien on such stock for such
cost, to be enforced before a justice of the peace for said
district, in such manner as the by-laws may provide; they
shall have power to levy a tax of not exceeding five cents
on each one hundred dollars of the valuation of all the
real estate in said district, for ordinary purposes, and such
additional taxes, general and special, as a majority of all
the owners of real estate in said district may assent to;
but no levy shall be in force for longer than one year, ex-
cept for collection of what may be due and unpaid thereon;
they shall have the management and supervision of all
public roads in said district, except the chartered turnpikes
passing through the same, and shall keep the same in good
order and repair; and for failure to do so shall be liable to
the penalties denounced by law against surveyors of public
highways for such dereliction, to be enforced in like man-
ner; and they shall be entitled to receive their just pro-
portion of the Campbell county road tax for such road
purposes. They may grade, pave, or macadamize, either
with rock or gravel, any public road passing through or
into said district, within the limits thereof, and erect toll-
gates, and demand and receive tolls from persons passing,
in accordance with the laws in force relating to turnpikes
in this State; and with the assent of two thirds of the
owners of real estate by or through which any such road
may pass, may levy special taxes on such real estate to pay
for such grading and paving or macadamizing; or they
may receive and collect subscriptions for such work, giving
to each subscriber, when his subscription shall be paid, a
certificate of stock to the amount subscribed; and in case of
taxation, a like certificate to the amount of tax collected
from him. They shall also have power to fill all vacancies
which may happen, by choosing fit persons to serve until
the next election.

§ 5. All suits and actions prosecuted or defended for said corporation, and all proceedings for the enforcement of the by-laws for said district, shall be in the name of the trustees of the district of Hayfield, in Campbell county.

§ 6. As soon as possible after their first organization the trustees shall cause to be surveyed and marked the boundaries of said district, and shall cause a plat thereof to be

All suits to be in name of trus

tees of district.

1872.

recorded in the deed-book of the county clerk's office at Newport and Alexandria, all at the expense of said district.

§ 7. At all State and county elections hereafter the qualified voters residing in said district may vote at the voting place in said district, and not elsewhere.

§ 8. This act shall take effect and be in force from and after its passage.

Approved March 6, 1872.

CHAPTER 445.

AN ACT for the benefit of the Middleburg and Liberty Turnpike Road

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Company.

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

§ 1. That the Middleburg and Liberty Turnpike Road Company be, and the same is hereby, authorized to erect two gates on the road of said company, but only half tolls shall be collected at each gate.

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

Approved March 6, 1872.

names,

Name & style.

CHAPTER 446.

AN ACT to incorporate the Pewee Valley Cemetery Company.

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

§ 1. That Henry Smith, J. H. Rhorer, and J. C. Stump, Corporators' their successors and associates, be, and they are hereby, constituted a body-corporate, under the name and style of the Pewee Valley Cemetery Company; and by that name they shall have power to contract and be contracted with, sue and be sued; use a common seal; make all necessary by-laws, rules and regulations, for its government, not inconsistent with law and the provisions hereof; and do such other things as are incident to such a corporation, and necessary, to effectuate the object and purpose thereof, which is to provide a suitable and permanent cemetery at Pewee Valley for the burial of the dead.

powers.

§ 2. Said corporation shall have the power to take, Corporate acquire, and hold, by purchase, gift, or devise, for the purpose aforesaid, any quantity of land in the county of Oldham, and in or near the town of Pewee Valley, not exceeding forty acres, and receive a conveyance of the same in its corporate name, which land, when so

conveyed, shall be held by said corporation for a cem etery, and shall never be alienated or used by said corporation for any other purpose; and said land and its appurtenances shall be forever free and exempt from all taxation, and from all executions, attachments, or other legal process, and from any charge, liability, appropriation, or assessment, to or for any public purpose, inconsistent with its use as a cemetery, for which purpose and use it is hereby forever dedicated.

§ 3. Said corporation shall cause a plat or plan to be made of the land so acquired by it, dividing the said land into suitable avenues, walks, and burial lots, and designating the said avenues and walks by name, and the said burial lots by numbers; which plat or plan shall be recorded on the books of said corporation, and on the records of titles of Oldham county. After the said land is thus laid off, the corporation shall have power to sell said burial lots in such manner, and on such terms, as may be prescribed by the board of directors of said: corpora'ion.

1872.

Corporation shall cause plat

to be made and recorded.

Purchaser to receive convey

§ 4. Each purchaser of a burial lot in said cemetery, upon the production of a receipt in full for the price of the ance of lot. lot purchased by him from the acting treasurer of the cor. poration, shall be entitled to a conveyance of said lot, which conveyance shall be made by a certificate of the board of directors of the corporation, under seal of the corporation, and countersigned by the acting secretary of the corporation, specifying that such purchaser is the owner of such lot or lots, which certificate shall be recorded on the books of the corporation and on the records of title of Oldham county; and such certificate shall vest the fee-simple right and title in and to such lot or lots in the purchaser, his heirs and assigns forever, exempt and free from all assessments or taxations or executions, attachments, or other legal process, and shall have the same effect for all purposes as deeds duly executed, delivered, and recorded; but said lots shall be held by the purchasers thereof subject to the by-laws, rules and regulations, of the corporation and its board of directors; and said lots shall never be used by said purchasers for any other purpose than that of burial lots; and if applied to any other use, the right and title thereto shall revert to the corporation.

§ 5. Each person receiving a certificate as aforesaid for one or more of the said lots shall thereby become, and be considered thereafter, a member of this corporation, and he shall be entitled to a vote in all meetings of the corporation.

Purchaser of lot to become stockholder.

Directorswhen elected a

§ 6. The affairs and business of the corporation shall be managed by a board of three directors, all of whom must term of office.

1872.

appoint officers

be lot owners in said cemetery. This board of directors may be elected annually by the members of the corporation, and may hold their office for one year, and until their Directors to successors are elected and qualified; they shall choose a president out of their number, and they may appoint a secretary and treasurer, who shall give such bond as they may require for the faithful performance of his duties. All vacancies in said board of directors shall be filled by an appointment made by the president.

May make by laws, rules and regulations.

lating graves.

§ 7. The board of directors shall make such by-laws, rules and regulations, as they may deem proper for calling and conducting their meetings, and for the transaction of their business and duties; they shall have control of all the business transactions of said corporation; shall collect and expend for the said corporation all moneys; shall have complete control of the cemetery grounds and other property; shall have power to inclose, improve, embellish, and adorn the cemetery grounds, and to prescribe rules for inclosing, adorning, and erecting monuments or vaults upon the cemetery lots by purchasers; and shall have power to prohibit any use, division, or adornment of a lot which they may deem improper, or may abate or alter the same. At the regular meetings of the corporation, which shall be called annually by the board of directors, upon such day as they may deem proper, the board of directors shall report their actions and the condition of the corporation.

§ 8. The persons herein before named as incorporators shall constitute the first board of directors of the corporation.

9. If any person shall willfully, and without lawful Penalty for vio- authority, violate any of the graves of the dead, or deface or remove any of the tombstones, monuments, or inclosures, or cut, break, or injure any tree, shrub, plant, or other ornament of said cemetery, he shall be deemed guilty of a misdemeanor, and besides being liable to the corporation, or to the owner of the lot injured, for the damage or injury done, he shall be fined not less than $10 nor more than $50 for each offense, recoverable by warrant before the police judge of Pewee Valley.

§ 10. This act shall take effect from and after its passage. Approved March 6, 1872.

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AN ACT to incorporate the Owenton and Twin Creek Turnpike Road

Company.

Be it enac'ed by the General Assembly of the Commonwealth of Kentucky:

1872.

§ 1. That a company shall be, and is hereby, incorpo- Company inrated, for the purpose of constructing a turnpike road from corporated. the point of intersection of the Owenton and Clay Lick Turnpike Road Company, at or near where the Owenton and Clay Lick Turnpike are erecting a toll-gate house, about one half mile west of Owenton, running from said [town] in a westerly direction over the most practicable route to Twin creek; thence down Twin creek to the terminus of the turnpike, running from Mrs. Simpson's, by J. W. Vallandingham's, to Twin creek, to be designated by the commissioners.

§ 2. The capital stock of said company shall be six Capital stock. thousand dollars, divided into shares of twenty-five (25) dollars each; but the same may be increased by additional subscriptions, in the manner and form as the president and directors of said company may think proper, if such enlargement shall be found necessary to fulfill the intent of this act.

for subscrip

3. That books for the subscription of stock in said May open books company shall be opened on the first Monday in March tion of stock. next in Owenton, Kentucky, and at some place on Twin creek, or at any time afterwards, under the superintendence of Harrison J. Foster, Ben. P. Yancey, James Williams, H. P. Montgomery, and Wilson Hunt, or some one or more of them, who are hereby appointed commissioners; and the subscribers to the stock of said company shall enter into the following obligation in said books, viz: "We, whose names are hereunto subscribed, do hereby, respectively, bind ourselves to pay to the president and directors of the Owenton and Twin Creek Turnpike Road Company the sum of twenty-five dollars for each and every share of stock in said company set opposite our names, in such manner and proportions, and at such times, as shall be required by the president and directors of said company;" which obligation may be enforced in the proper courts.

§4. That the company formed and organized by the provisions of this charter shall be, and is hereby, created a body-politic and corporate, in deed and in law, by the name and style of the Owenton and Twin Creek Turnpike Road Company; and under the name and style aforesaid shall have perpetual succession, and all the privileges, im- style. munities, and franchises of a body-politic and corporate; and as such, shall be capable of contracting and being contracted with, of purchasing, taking, and holding, to

Name and

Corporate

powers.

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