1860. May make bylaws, &c. held annually. § 8. That said company shall have the power to make all the necessary by-laws and rules for its government, not inconsistent with the constitution and laws of this State, and shall have the power to make such other officers as it may deem proper to a successful organization, and fix and pay such salaries to its officers as they may think right. § 9. That an election for president and five directors of Election to be said company, shall be held annually, at such time and place as may be fixed upon in the by-laws; and the stockholders, in such elections, shall have the right to cast their vote by written proxy. kept. § 10. The president and directors shall keep a record of Record to be their proceedings in a well bound book, which shall at all times be accessible to each and every one of the stockholders for inspection, upon application to said board. § 11. This act shall take effect from and after its passage. Approved February 6, 1860. style. CHAPTER 153. AN ACT to incorporate the Eminence and Shelbyville Turnpike Road Company. WHEREAS, The directors of the Shelbyville and Eminence turnpike road company, believing that they were authorized and empowered by the terms of the charter of the Clear Creek turnpike road company and its amendments to continue their road from Tucker's, now Genovely's, blacksmith shop to Eminence, and have accordingly, in good faith, made a macadamized turnpike road from the former place to the latter, in accordance with the provisions and requisites of said charter as to the manner and mode of constructing the same; and whereas, doubts exist as to whether the said company had the power, under the charter aforesaid, so to continue their road; and the stockholders who subscribed stock to make the said continuance, desiring to have a separate charter for the road from Genovely's blacksmith shop to Eminence, the original subscribers to the Clear Creek turnpike road company desiring the separation, and the terms of the division of the road from Shelbyville to Eminence having been agreed upon by them; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a company be, and is hereby, formed for the Name and purpose of collecting the tolls, keeping in repair, reaping the profits, and holding the property in said road, to be known by the name and style of the "Eminence and Shelbyville Turnpike Road Company," and by that name shall be a body politic and corporate. 1860. Directors. To take oath. § 2. Jos. H. Drane is appointed president, and Thomas Todd, John Hornsby, W. S. Helm, and Preston Thomas are appointed directors of said company to carry this act into effect; who, before entering upon the discharge of their duties, shall go before some justice of the peace and make oath that they will faithfully perform the duties of president and directors, (as the case may be,) without favor or affection, to the best of their judgment. Upon the qualification of the president and directors, they shall ap- treasurer and point a treasurer, and such other officers as they may deem necessary, who shall hold their offices at the pleasure of the board of directors appointing them. § 3. The president and directors shall, as soon as practicable after the passage of this act, meet in the town of Shelbyville, having first given notice of said meeting in the Shelby News, and shall ascertain the amount contributed in money and in work and labor by each individual for the construction of said turnpike road, and shall deliver to him a certificate of stock, signed by the president and countersigned by the treasurer, at the rate of one share for every fifty dollars so furnished. § 4. On the first Saturday in May, 1860, and every year thereafter, there shall be an election for president and directors held in the town of Eminence, who shall hold their offices for one year, and until their successors are elected and qualified. The time and place of election shall, after the first election, be appointed by the president and directors, or by a by-law of the corporation: Provided, that an election shall be held annually; and if the time and place shall be changed from that above named, notice shall be given three weeks prior to the election in the Shelby News, or some paper published in Louisville. To appoint other officers. tificates of st'k to those entitl'd to the same. To deliver cer When presi dent and directerm of office. tors elected, & § 5. The said turnpike road is declared to extend from Length of road. the town of Eminence six and a half miles south, or until it meets the northern terminus of the road of the Shelby ville and Eminence turnpike road company. said road. § 6. The Eminence and Shelbyville turnpike road com- May sell part of pany are hereby authorized and empowered, through their board of directors, to sell and transfer, for a fair and just equivalent, all the right, title, and interest of said company in and to three fourths of a mile of said road off of the end next to Tucker's, now Genovely's, blacksmith shop, to the Shelbyville and Eminence turnpike road company. Certain sec tions of anoth applicable to this. § 7. That the provisions of an act, entitled "An act to incorporate the Lebanon, New Market, and Springfield er charter made turnpike road company," approved February 18, 1848, from the sixth to the ninth sections inclusive, and from the twenty-second to the thirty-fourth sections inclusive, and the fourth section, so far as the same may be applicable and not inconsistent with the former sections of this act, 1860. bon is. be, and the same are hereby, extended to the Eminence and Shelbyville turnpike road company incorporated by this act. § 8. The company is authorized to issue their bonds to May issue the amount of five thousand dollars, in sums of one hundred dollars each, bearing interest at any rate not exceeding ten per cent. per annum, and redeemable in five years, for the purpose of liquidating their debts; which bonds may be reissued at the expiration of five years, if deemed advisable by the company, for an additional five years. § 9. This act to take effect from its passage. Approved February 6, 1860. CHAPTER 154. AN ACT to amend the charter of the Stanford and Houstonville Turnpike Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act incorporating the Stanford and Houstonville Turnpike Road Company, approved the 20th day of March, 1851, be so amended as to allow said company to collect the usual toll on all wagons, carts, and other vehicles going to and from mills. § 2. That said company may erect a gate between the town of Stanford and the intersection of the Knob Lick road with the road of said company; and that the present location of the gate nearest Houstonville be legalized. § 3. That this act be in effect from its passage. Approved February 6, 1860. CHAPTER 155. AN ACT for the benefit of the creditors of the People's Telegraph Company. WHEREAS, It is represented that on the 20th day of July, 1854, lease and convey to William D. Reid and others, for the full term of fifteen years from the first day of July, 1854, among other things, all their line of telegraph in Kentucky, together with all and singular the rights, franchises, and privileges belonging to said company; and whereas, it is represented that said company is insolvent; that executions against it have been returned no property found, and that it has no property which is subject to execution as the law now stands; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That any creditor of said company may bring an action in the Louisville chancery court against said company, for the benefit of himself and all the other creditors of said company, for the settlement of the debts and claims against said company. § 2. In said action, if it shall appear that said company has not sufficient property to pay all its debts, the court may order the reversionary interest of said company in its telegraph line, and all its rights, privileges, and franchises, to be sold for the payment of such debts and claims. § 3. In said action the court shall make an order for the creditors of said company to appear before the commissioner of said court, and prove their claims, by a certain day, to be named in said order; notice of which shall be given by advertisement in a newspaper. § 4. A creditor appearing before the commissioner, and presenting his claim, thereby becomes a party to the action, and is concluded by the final judgment of the court, allowing or rejecting his claim; from which, how : ever, an appeal may be prosecuted, as in other cases. § 5. The proceeds of said sale shall be distributed among Proceeds of sale the creditors pro rata. to be divided pro rata. Purchaser of reversionary ses rights of company. § 6. The purchaser or purchasers of said reversionary interest, rights, and franchises, shall have and possess all interest possesthe property, rights, and franchises of said company. § 7. Any surplus, after paying all the debts of said company, shall be equally divided among the stockholders. § 8. This act to take effect from its passage. Approved February 6, 1860. Surplus to be divided among stockholders.. CHAPTER 156. AN ACT to amend the charter of the town of Foster, in Bracken county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Fiscal concerns of said town § 1. That hereafter the fiscal, prudential, and municipal concerns of said town shall be vested in four trustees and vested in four trustees and a a police judge, the latter of whom, by virtue of his office, police judge, & shall be chairman of the board of trustees. Said trus- when elected. tees, together with a town marshal, shall be annually elected, on the first Saturday in February, by the free white male inhabitants, over the age of twenty-one years, who shall have resided in said town three months previous to said election, and are qualified voters by the laws of the State. The police judge shall be elected at the same time, and hold his office for the same term, as county judges are required to be elected. 1860. Term of office, and jurisdict'n. trustees, &c. § 2. That the police judge, trustees, and town marshal shall hold their respective offices as follows: Police judge shall hold his office for the term of four years, and shall be commissioned by the Governor of the State, and shall have concurrent jurisdiction with the justices of the peace within the town of Foster; and in criminal cases shall have the power of two justices. The marshal shall hold his office for one year, or until his successor is elected and qualified. The trustees shall hold their office one year, or until their successors are elected and qualified; who, before entering upon the duties of their respective offices, shall take an oath before some legally authorized officer, that they will support the constitution, and faithfully, and without favor or affection to any one, discharge the duties of their office during their continuance in office. § 3. That no person shall hold the office of police judge, Eligibility of trustee, or marshal who is not, at the time of holding the election, a citizen of said town, and who has not resided therein at least three months previous to his or their election. § 4. That said police judge and trustees, and their sucName and cessors in office, shall be a body politic and corporate, and style, and corporate powers. shall be known by the name and style of the board of trustees of the town of Foster, and by that name shall be capable in law of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of answering and being answered to, of defending and being defended, in all courts and places; and may use either a common or private seal; and do all other acts, matters, and things which a body politie and corporate, having perpetual succession, can lawfully and rightfully do within the limits of the powers herein granted. conveyances. Have power alleys. May make bylaws. § 5. That the said board of trustees shall have power to May receive make and receive all necessary conveyances in relation to said town. They shall have power over the streets, alleys, and sidewalks now in said town, or which may hereafter over streets and be opened; may direct the improvement of the same in such manner as they may deem most beneficial to the interests of said town. They shall have power and authority to make all necessary by-laws for the regulation and good government of said town, not inconsistent with the constitution and laws of the State. They shall have collect poll and power to levy and collect a poll-tax, not exceeding annually one dollar and fifty cents on each tithable, and also an ad valorem tax on the property of the citizens of said town, both personal, real, and mixed, including everything now taxed for revenue by the laws of this State, not exceeding annually fifty cents on each one hundred dollars' worth of property. They shall have power to make wharves and landings on the Ohio river, upon their own land, within May levy and ad valorem tax. May make wharves, &c. |