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1860.

formed; and the president and directors shall be vested with all rights, privileges, and immunities given to the Paris and Bethlehem turnpike road by said act and amend

ments.

§ 6. This act shall take effect from and after its passage. Approved February 3, 1860.

ed, and route of road.

CHAPTER 121.

AN ACT to incorporate the Winchester and Red River Iron Works Turnpike
Road Company.

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

§ 1. That a company is hereby formed for the purpose Company form of making a macadamized, plank, or gravel turnpike road, in all or in part of either material, (and omitting either material where the ground may not require it,) from the town of Winchester, by the way of Schollsville and Kiddville, to the Red River Iron Works, under the name and style of "The Winchester and Red River Iron Works Turnpike Road Company."

to open books.

§2. That the capital stock of said company shall be fifty Capital stock. thousand dollars, which shall be placed under a board of managers, to be chosen in the manner hereinafter directed. §3. That books for the subscription of stock shall be Commissioners opened at any time after the passage of this act, at the town of Winchester, under the direction of Henry G. Paton, Dr. Thomas H. Robeson, Robert N. Winn, Burgess Ecton, John P. Wells, A. L. Haggard, James H. G. Bush, Charles Hanson, and Harrison Thompson; at Schollsville under the direction of Harrison Thompson, W. N. Thoms, A. J. Tall, Warren Rash, Wm. M. Clark, John H. Quisenberry, Burgess Ecton, Jack P. Wells, Asa C. Barrow, Dr. Cunningham, and Burgess Kidd; at Kiddville under the direction of Aleck Anderson, Samuel G. Stuart, John H. Goff, Robt. Kidd, Peyton Adams, Jefferson Holley, Leonard Beall, William Rupard, jr.; and at Red River Iron Works under the direction of Josiah A. Jackson, Pleasant Blevins, A. M. Lindsay, and Jacob Kidd. The commissioners at each of the places shall procure one or more books, and in each of them enter as follows, viz: "We, whose names are hereunto subscribed, promise to pay the board of managers of the Winchester and Red River Iron Works Turnpike Road Company the sum of one hundred dollars for every share of stock set opposite to our names, in such manner and proportions, and at such times, as shall be determined on by said board, and agreeably to an act of Assembly incorporating said company. Witness our hands this day of

Obligation.

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The books of subscription shall remain open until the whole capital stock shall be taken; and any person or corporation may subscribe at any time or place, in the presence of any one of the commissioners. And the trustees of the town of Winchester, by their treasurer or clerk, may subscribe for any number of shares they may deem proper, and levy the amount thereof upon the property within the limits or jurisdiction of said town, subject

to town tax.

§ 4. When fifty shares of stock shall have been taken, the said commissioners shall give ten days' public notice, by publication in any newspaper printed in Winchester or otherwise, that the number of shares required for organization has been subscribed, and that a meeting of the stockholders will be held at such place as said commissioners shall designate in said public notice, for the purpose of organizing a board of managers for the construction of said road by the acceptance of this charter, and the election of five managers, one of whom shall be president of the board, to be designated as such by the stockholders at the time of the election of said board, and also by the election of a treasurer; at which election at least three of said commissioners shall be present, who shall take the vote by ballot of the stockholders, who shall have the right to vote in person or by proxy, in writing, each stockholder having one vote for every share of stock he holds. The said board of managers shall hold their offices for one year from the day of their election, and until others shall be duly elected and qualified.

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Name and

§ 5. To enable the board of managers to carry out the objects of this charter, when organized as above provided porate powers. for, it shall be, and is hereby, declared a body politic and corporate, in deed and in law, by the name and style of the "Board of Managers of the Winchester and Red River Turnpike Road Company," and under that name and style shall have perpetual succession, and all the privileges, immunities, and franchises of a body corporate and politic; and shall be capable of taking and holding the said capital stock and increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such man-/ ner and form as they shall think proper to carry out the intent of this act; and of purchasing and holding to them and their successors in office and assigns, and also of selling, transferring, and conveying, in fee-simple, all such lands, tenements, hereditaments, and estate, real and personal, as shall be necessary to the prosecution of their work; of suing and being sued, of pleading and being impleaded, of defending and being defended, in all courts of law and equity, and in all places whatever; also to have and use a common seal, and the same to alter and renew at

1860.

Clarke & Pow may take stock.

ell co'ty courts

pleasure; and to make all such by-laws, not inconsistent with the constitution and laws of this State and of the United States, as may be necessary for the government of the affairs of said board, and do all and every other act and thing which a turnpike corporation may lawfully do. § 6. That the Clarke and Powell county courts (each for itself) is hereby authorized and empowered to authorize their clerk to subscribe for as many shares of stock in said company as private individuals, partnerships, or corporations may subscribe, which subscriptions, when made, shall be binding on said counties; and it shall be the duty of said county court making such subscription or subscriptions, to levy the amount thereof upon the property within their respective counties, subject to the payment of State revenue; and the sheriff shall collect and pay over the same to the treasurer of said county within the same time, and under the same liabilities and penalties prescribed for the collection and payment of the State revenue tax, and shall have the same power to enforce the collection thereof; and shall receive as compensation for his services four per cent. upon the amount collected and paid over; and the county court may distribute the sum subscribed in the assessment of taxes to pay it through two or more years.

§ 7. The board of managers may fix the width of their Width of road. road, not less than thirty feet in the whole, and the part covered with stone, gravel, or plank, not less than sixteen feet; and they shall keep a record of their proceedings, Record to be which shall at all times be open to the inspection of each and all the shareholders; may erect toll-gates for each five May erect miles of road completed, and collect the same rates of toll

kept.

gates.

as the Winchester and Lexington turnpike may lawfully do; and in acquiring the right of way, stone quarries, land for toll-gates, and in every other respect, shall have and possess all the rights, privileges, powers, and immunities of any other turnpike road company within this State.

§ 8. This act shall take effect from and after its passage. Approved February 3, 1860.

May intersect Paris and Clin

tonville road.

CHAPTER 122.

AN ACT to amend the charter of the Paris and Bethlehem Turnpike Road

Company.

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

§ 1. That the act incorporating the Paris and Bethlehem turnpike road company, approved March 10, 1856, be so amended as to allow said company to intersect the Paris and Clintonville turnpike road at any point they may deem most practicable; and that the Paris)and Bethlehem and

the Paris and Clintonville turnpike road companies be allowed to consolidate the two said roads, and erect a joint toll-gate between the point of their junction and the Maysville pike, not less than one mile from the town of Paris; or said company may, if they deem proper, leave the Cleaveland road at or near Bealert's blacksmith shop, and intersect the Lexington and Maysville turnpike road at such point as they may think proper.

1860.

§ 2. That the width of said road shall not, at any point Width of road. where it will admit of it, be less than thirty feet, and the

metal part of it shall not be less than fifteen feet.

When gate

§ 3. That when three or more miles of said road shall be completed, the company may erect a toll-gate, and charge may be erect'd. toll thereon, not exceeding the rates per mile now allowed by the act of incorporation, and in proportion to the distance completed.

§ 4. That the president and directors of said road be, books. and are hereby, authorized to open books for the subscription of stock, and to extend said road to the Fayette county line, in the direction of Childsburgh, in so far as the subscription will justify.

5. That the stockholders of said road shall be exempt from furnishing hands to work on any other road in Bourbon county, to the extent of one hand for each one hundred dollars they may own in said road.

§ 6. That the Bourbon county court may subscribe stock in said company (a majority of its justices being present and concurring) by an order directing its clerk to make such subscription, and when made, shall be obligatory on said county court.

§ 7. The capital stock of said company may be increased whenever it may become necessary.

8. That this act shall take effect from and after its passage.

Máy open

Stockholders

exempt from roads.

work'g on other

Bourbon co'ty

court may take

stock.

Approved February 3, 1860.

CHAPTER 123.

AN ACT for the benefit of the securities of W. L. Simons, late sheriff of Todd

county.

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

1. That the securities of W. L. Simons, late sheriff of Todd county, in his revenue bond for 1858, be, and they are hereby, released from the damages adjudged against them by the Franklin circuit court, by reason of his failure to pay in the revenue collected by him for the year 1858: Provided, This act shall not take effect until said securities hall pay, or cause to be paid into the treasury, all the rev

1860.

enue due from said Simons, sheriff as aforesaid, together with interest and cost of judgment, and receive a quietus for the same.

§ 2. This act shall take effect from and after its passage. Approved February 3, 1860.

CHAPTER 124.

AN ACT in relation to the Winchester and Kentucky River Turnpike Road
Company.

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

§ 1. That it shall be lawful for the Winchester and Kentucky river turnpike road company to charge and receive full toll at their gate nearest Winchester, upon all travel coming upon or leaving said road at the intersection of said turnpike with the old Boonesboro road, near the late residence of Lewis Hampton, on said turnpike; and they may collect upon all travel through their gate nearest the Kentucky river, the same tolls that they might collect if it was a full gate.

§ 2. That the subscribers of stock in said road be exempt from working any other road in Clarke county, to the extent of one hand for each share of one hundred dollars of stock subscribed and paid in, in said road.

§ 3. That this act shall take effect from and after its passage.

Approved February 3, 1860.

CHAPTER 125.

AN ACT authorizing the County Court of Bracken county to improve the
Stroube Mill Road.

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

§ 1. That the county court of Bracken county be, and the same is hereby, authorized and empowered to appropriate a sum not exceeding three hundred dollars, for the improvement of the county road leading from Rock Spring, on the Ohio river, to Pleasant Ridge, known as the "Stroube Mill" road.

§ 2. This act to take effect from and after its passage. Approved February 3, 1860.

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