1860.

To keep acc't

ceived on stock

any stockholder, and be laid before the shareholders at
their general meetings. The said president and directors
shall also keep fair and just accounts of all moneys which
shall be received by them from the subscribers for stock of of moneys re-
the said company, on account of their several subscrip- Subscribed.
tions, and of all penalties for the delay in the payment
of calls and installments, and of the amount of the profit
on the shares which may be forfeited as aforesaid, and also
of all moneys expended by them in the prosecution of
their work; and once at least in every year submit such
accounts to a general meeting of the stockholders, until
said road shall be completed, and until all the costs,
charges, and expenses of effecting the same shall be fully
paid and discharged, and the aggregate amount of such
expenses shall be liquidated and ascertained; and if, upon
such liquidation, or whenever the whole capital stock of the
company, as herein named and provided for, shall be nearly
expended, it shall be found that the said capital stock
will not be sufficient to complete the road according to the
true intent and meaning of this act, it shall be lawful for
the said president and directors and company, at a stated
or special meeting, to be convened according to the provi-
sions of this act or their own by-laws, to increase the
number of shares to such extent as shall be deemed suffi-
cient to accomplish the work, and to open books for sub-
scription for such additional shares, or sell them for the
benefit of the company, as they may think proper, and to
demand and receive the money subscribed or sold for such
shares, in like manner, and under the like penalties, as
herein provided for the original subscriptions, or as shall
be provided by their by-laws.

To keep acc't money receiv'd from toll-gath

§32. That the said president and directors shall also
keep a just and true account of all and every the moneys
to be received by their several and respective collectors of erers.
tolls, at the several gates or turnpikes on the said road,
which shall not exceed one for every five miles, after the
road is completed, from the beginning to the end thereof;
and if the gates are more or less than five miles apart, the
toll may be increased or decreased, as the case may be,
in the same proportion, and according to the rates herein
named; and after the said road shall be completed, or so
much thereof as it may from time to time be deemed ex-
pedient to make and finish, shall make and declare a divi-
dend of the clear profits and income thereof, all contingent
costs and charges, and a reasonable fund for repairs and
progressive improvements and accomplishing of the work
being first deducted and reserved; and shall, on the first
Monday in May and November, in every year, unless other-
wise ordered by the by-laws of the company, publish the
half-yearly dividends to be made of clear profits among

Dividends may be declared.

1860.

Penalty for inwalls, culverts,

juring parapet

&C.

obstruct'g side drains, &c.

the stockholders, pro rata, and of the time and place when and where the same will be paid, and shall cause the same to be paid accordingly: Provided, That no dividend shall be paid over to such of the stockholders as may have failed to pay over, in pursuance to the order of said president and directors, the amount of stock which they may have subscribed on the books of said company; the same shall be retained by the treasurer of said company, subject to the order of the president and directors thereof, to be employed toward the completion or repair of said road.

§ 33. That if any person shall purposely and maliciously break, deface, or injure any of the parapet walls, culverts, or bridges, or any of the masonry of and belonging to this road, every person so offending shall, on conviction thereof, be fined in a sum not exceeding five hundred dollars and costs, or be imprisoned in the county jail not exceeding twenty days, or both so fined and imprisoned, at the discretion of the jury and court; the fine to be paid over to the treasurer of the company, to be added to the common fund for the purposes of this act.

§ 34. That if any person shall purposely fill, choke, or Penalty for otherwise obstruct any of the side drains, valleys, gutters, or culverts of said road, or shall connect any private or cart, or any carriage way with the aforesaid road, without connecting the same over a stone culvert or a paved valley, or other good and sufficient fixture, so as to secure a fair passage for the water along such sideway, where such private road or cart or carriage way connects with the aforesaid road; or if any person shall purposely or willfully travel upon such parts of said road as may be unfinished, against the warning and consent of the president or any director, or any superintendent of said road, or any agent of the president or superintendents, or shall remove any of the beacons placed upon said road, so in an unfinished state as aforesaid, for diverting the traveler on or from said road, every person so offending shall, upon conviction thereof, be, for every such offense, fined in a sum not less than five nor more than fifteen dollars, to be recovered before any justice of the peace, and paid to the company.

on road over night.

§ 35. That if any person shall stand his wagon and Penalty for team, or either of them, over night, upon the pavement of standing wagon said road, or shall at any other time stand the said wagon and team, or either of them, upon the pavement of said road, for the purpose of feeding, or if he shall, in any other manner, purposely and willfully obstruct the traveler upon said road, every person so offending shall, upon conviction thereof, for every such offense be fined in sum not less than three nor more than eight dollars, to be recovered and disposed of as in the preceding section.

1860.

To employ

their powers &

§ 36. That the president and directors shall employ such surveyors, superintendents, engineers, artists, and chain-carriers as they may think necessary; and they are hereby superintend'ts, authorized to enter in and upon the land and inclosures and engineers, &c. public roads and highways in, through, and over which the duties. said intended road may be thought proper to pass, and to examine and survey the ground most proper for the purpose, and to examine the quarries, beds of stone and gravel, and other materials necessary for the completion of said road; and they shall cause a plat or plats of said road located to be made out and lodged with the treasurer of the company, and by him to be preserved for the use of the board of managers. The president and directors shall fix the salaries and wages, and prescribe the time, manner, and proportions in which the stockholders shall make payments on their respective shares to carry on said work; they shall draw orders on the treasurer for all moneys necessary to pay the salaries or wages of persons employed, and for the labor and materials furnished, and to do all such other matters and things as by this charter and the by-laws of the corporation they are or shall be required to do.

§37. That if any person shall belt or deaden timber, and leave it standing to rot or decay, within one hundred and fifty feet of said road, so that the lives of persons passing along the road shall be endangered thereby, such person so offending shall forfeit and pay to the company the sum of ten dollars, to be sued for and recovered as in other cases mentioned; and the owners of land along said road are hereby required to cause to be cut down all such dead timber as may be left standing within the distance of the road specified, under a penalty of one dollar for every dead tree thus suffered to stand, to be recovered as other penalties under this act are to be recovered, viz: by warrant before a justice of the peace where a justice would have jurisdiction of the amount.

§ 38. No person over whose lands said road runs shall be charged toll in going through a gate to get from one part of his farm to another.

Salaries, &c.

Timber not to

be deadened

within 150 feet

of said road.

Owners of land to have all dead within said dis

timb'r cut down

tanco.

No person to be ing from one

charged in go

part of his land to another.

Annual toll

§ 39. The president and directors shall have power to reduce the rates of toll as provided for in this act, in all may be charg'd cases of persons or families who have frequent occasion to pass through one or more of the gates, and instead thereof may charge a reasonable annual toll or compensation for such persons or such families, who may then be allowed to pass whenever they may think proper. The treasurer shall keep an accurate account of all persons making these annual contracts, and inform the gate-keepers thereof, and furnish them with the names of those persons who may avail themselves of the advantages herein allowed.

1860.

Who not to pay toll.

President, &c. to be allowed

salary.

open gates for

§ 40. No person shall be charged toll for passing to and from church on said road on the Sabbath day; and it shall be discretionary with the president and directors as to whether ministers of the gospel shall be charged toll at any time.

41. The directors shall annually allow the president, treasurer, and secretary a fair and reasonable compensation for all the services they may render to the company by the requirements of this act.

§ 42. The president and directors shall have power to May throw throw open the toll-gates on their road for free passage on free passage on any public occasion, when the circumstances may indicate pub. occasions. the propriety of so doing.

§ 43. The president shall have power to give a ticket of Complimentary free passage to any person, as a compliment, when he shall tickets may be deem it right and proper.

issued.

&c., to be published.

§ 44. Any notice, advertisement, or publication of any Advertisement, kind, required by this charter or the board of managers, shall be made in the Mountain Democrat and Kentucky Messenger, printed in Richmond, and other papers if necessary.

Approved February 6, 1860.

CHAPTER 174.

AN ACT for the benefit of McHenry Meadows, of Meade county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Auditor of Public Accounts is hereby authorized and directed to draw his warrant on the Treasuurer for the sum of ten dollars, in favor of McHenry Meadows, of Meade county, the amount over paid by him to the Breckinridge county court, in the years 1852 and 1853, for tavern and ten-pin alley license.

§ 2. This act shall be in force from and after its passage. Approved February 6, 1860.

CHAPTER 175.

AN ACT conferring certain powers upon the Trustees of Winchester. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the trustees of the town of Winchester be, and they are hereby, empowered to enact by-laws imposing fines for offenses committed within the grounds of the Winchester cemetery company, and cause the same to be

enforced in the same manner as their other by-laws, as fully as if said grounds were within the corporate limits of said town: Provided, however, That such by-laws shall not be inconsistent with the constitution and laws of this State or the by-laws or charter of said cemetery company. Approved February 6, 1860.

1860.

CHAPTER 176.

AN ACT for the benefit of A. S. Trimble, late Sheriff of Morgan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the further time of two years, from and after the passage of this act, is hereby allowed A. S. Trimble, late sheriff of Morgan county, to collect his uncollected taxes and fee bills; subject, however, to the same pains and penalties as sheriffs are for collecting illegal fee bills, &c. Approved February 8, 1860.

CHAPTER 177.

AN ACT to amend the 3d section of an act, entitled "An act to incorporate
Montgomery Library Association."

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

§ 1. That section 3 of the act, entitled "An act to incorporate Montgomery Library Association," approved 2d Februry, 1858, be, and the same is hereby, so amended as to strike out the words, "divided into shares of twenty-five dollars," and insert in lieu thereof, "divided into such shares as the by-laws of the association may require.”

§ 2. That the incorporators shalkhave power to organize and transact all the business of the association until the 1st day of January, 1861..

Approved February 8, 1860.

CHAPTER 178.

AN ACT to incorporate the Elizabethtown Literary Society, of Hardin county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That D. Maxson, M. R. McCullough, R. S. Ford, F. Morfitt, and D. H. Hayden, and B. D. Strange, as trustees, and their successors in office, be, and they are hereby, created a body politic and corporate, by the name and style