1860. CHAPTER 200. AN ACT to incorporate the Philomathean Society, of Eminence College. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That J. J. Vardiman, H. C. Shivell, J. W. Hogan, W. J. Thomas, and I. J. Kesler, and their associates, be, and they are hereby, created a body politic and corporate, by the name and style of the Philomathean Society, of Eminence College, located in Eminence, Kentucky, and by that name and style may have and use a common seal, with power to alter and change the same at pleasure; and may contract and be contracted with, sue and be sued, plead and be impleaded, in all courts and places in this Commonwealth; and shall also have power to acquire, take, and hold, by gift, grant, devise, or purchase, any real or personal estate, not exceeding the value of thirty thousand dollars; to convey, exchange, or dispose of the same at pleasure for the use of said society. § 2. That it shall be lawful for the members of the Philomathean Society, of Eminence college, as often as they shall be required by their constitution, to elect a president, vice president, secretary, treasurer, marshal, editor, and librarian, who, upon their election, shall enter upon the duties prescribed by the constitution of the society; and the president, vice president, secretary, treasurer, marshal, editor, and librarian, so chosen, and their successors, shall be the corporators, and shall take and hold for the use of the society all the goods, chattels, estate, and funds of said society, and in the corporate name may sue and be sued; and in all suits against the corporation service of process upon the president for the time being shall be good against said corporation. § 3. That the members of said society shall also have power and authority to ordain and establish such rules, by-laws, and regulations for their government as they may deem proper and necessary, and are not inconsistent with the constitution and laws of this Commonwealth and the charter, laws, and regulations of Eminence college. They may also appoint such subordinate officers as they may deein proper and necessary for the transaction of the business of said society, and may remove such subordinate officers at pleasure; but the president, vice president, secretary, treasurer, marshal, editor, and librarian, shall hold their offices until their successors are chosen, as prescribed in this act. § 4. That all property belonging to said society shall be, and the same is hereby, vested in the said society as fully and completely as if the same had been acquired after the passage of this act. § 5. That it shall not be lawful for said society, at any time, to make a distribution of its property or its funds, or (any portion thereof, among the members of said society; and in case the said society shall, at any time, become Textinct, then all its property, of whatever kind or nature, shall thereby become vested in the trustees of Eminence college, to be appropriated as they may think proper. § 6. That the right shall be, and the same is hereby, reserved to the Legislature to amend, alter, or repeal this act at pleasure. 1860. Approved February 15, 1860. CHAPTER 201. AN ACT for the benefit of the Westport Turnpike Road Company. WHEREAS, The requisite number of citizens of Shelby county, under and by virtue of chapter 103 of the Revised Statutes, have organized a turnpike road company under the name and title of "The Westport Turnpike Road Company," according to the provisions of said act and the necessary orders of the Shelby county court; and whereas, it is found impracticable, from the character of the territory over which it is located, to build the same at a grade not exceeding three degrees, without an expenditure of an amount of money totally disproportioned to the advantages to be attained by the construction of said road; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the said Westport turnpike road company have the privilege, and is hereby authorized and empowered, to build said road upon a grade not exceeding four degrees. § 2. That each and every stockholder in said company, for for every four shares of the capital stock he may own therein, shall have one person over sixteen and under fifty years of age, under his control, exempt from working on any other road. Approved February 15, 1860. CHAPTER 202. AN ACT to incorporate the Greenup Coal and Oil Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Corporators' § 1. That Labin J. Bradford, George Wurts, W. T. Finch, J. Taylor Bradford, and B. C. Larew, and their names. successors. are hereby created a body politic and corporate, 1860. style. Name and powers. under the name and style of the "Greenup Coal and Oil Company," and by that name shall have perpetual succession, may contract and be contracted with, sue and be Corporate sued, plead and be impleaded, in all courts and places; have a common seal, and break or alter the same at pleasure; and may make all necessary or convenient bylaws, rules, and regulations for the government of said company and the management of its affairs, not inconsistent with the State or Federal constitutions. affairs. § 2. That said company shall have power and authority Who to manage to appoint any one or more of its members, or other person or persons to manage, control, and direct the business thereof, according to the by-laws, rules, and regulations which may from time to time be adopted by said company for its government and the transaction of its business; and said company shall be organized by the aforenamed corporators at such time and place as they may appoint. §3. That the capital of said company shall be five Capital stock. hundred thousand dollars, divided into shares of one hundred dollars, which shall be subscribed and paid for, either in money or property, and in such name and on such terms as may be prescribed by said company in its by-laws; said shares shall be taken and be deemed to be personal property, and may be transferred in such manner as the said company, by its by-laws, may appoint. company. § 4. The business of said company shall be confined to Business of mining coal and transporting the same to market, the manufacture of oil and other products from coal, and the manufacture of iron and other minerals, or some branch or branches of said business; said company may purchase or lease, own or hold real estate either in or out of this State, and the same sell and convey at pleasure, acMay own per- cording to its by-laws; it shall also have power to own and dispose of such personal property, together with buildings, machinery, boats, roads, &c., &c., as it may deem necessary from time to time in the prosecutions of its business: Provided, however, The real and personal estate so owned and so held shall at no time exceed one million dollars in value. sonal property. railroad from land acquired for same. § 5. That said company owning any mine or mines in May construct any county bordering on the Ohio river, in this State, shall mines to Ohio have power to own, construct, and operate a railroad, or river, and how team road, or other road, with double or single track to and from its mine or mines and the Ohio river, and may construct the same to and from said mines and the river by such convenient route as it may designate; and for the purpose of location may enter upon and survey over the intermediate land or lands, and if said company cannot acquire the right of way over, and the necessary earth, gravel, stone, timber, &c., from the intervening and adja cent lands, on terms deemed reasonable, it may proceed by writ of ad quod damnum to condemn the right of way and the convenient materials, in the manner pointed out in the Revised Statutes, chapter 103, title "Turnpikes and Plank Roads:" Provided, however, If the owner of the land or lands is dissatisfied with the finding of the jury in the first instance and traverses the same, then should the said company pay or tender the sum or sums and costs awarded to the persons to whom the same has or have been awarded, it may proceed without further delay to enter upon the lands, to take possession of the road bed and materials, and to construct and operate the road. § 6. This act shall take effect from and after its pas sage. 1860. Approved February 15, 1860. CHAPTER 203. AN ACT providing for a settlement with Newton Craig, late Keeper of the Penitentiary. WHEREAS, An action has been instituted in the name of the Commonwealth of Kentucky in the Franklin circuit court against Newton Craig and his sureties, for the recovery of money alleged to be due from said Craig to the Commonwealth, on a settlement of his accounts as keeper of the penitentiary; and whereas, said Craig has filed an answer and counter-claim or set-off in said cause, in which he claims that there is a balance due him, and for which he prays judgment against the Commonwealth; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That whenever it shall be made to appear to the Auditor of Public Accounts that said cause has been finally adjudicated and settled by the judgment of said court or of the court of appeals, if an appeal should be taken by either party, it shall be, and it is hereby, made the duty of said Auditor to draw his warrant on the Treasurer, in favor of said Craig, for whatever sum, if any, may be adjudged in his favor against the Commonwealth, with interest and costs, according to the judgment in the cause; and such sum shall be immediately paid out of any money in the treasury not otherwise appropriated. § 2. That the judge of the court in which said cause is pending may, if said Craig and the Attorney General for the Commonwealth shall consent to the same, make an order referring all the matters in dispute in said cause between said Craig and the Commonwealth to four arbitrators, who shall be named in the order, two of whom shall be selected by said defendant and two by the Attor 1860. ney General, and at least one of the arbitrators named by each party shall be a person learned in the law, of which fact said court shall be satisfied at the time the order is made. In case said arbitrators cannot agree, they shall select an umpire. The order of the court shall state the time in which the award shall be made and returned; but the time may be enlarged or extended by a subsequent order or orders. The proceedings upon such order of submission, and the powers and duties of the arbitrators and their umpire, and of the court, shall be as prescribed in the second, third, fourth, fifth, sixth, seventh, and eighth subdivisions of section 499 of the Code of Practice in civil cases, except that, in case any arbitrator should refuse to act, the court shall not, for that cause, set aside the order of reference; but on such refusal being made known to the court, the party who originally selected such arbitrator shall have the right to name another in his place; and thereupon an order shall be made substituting said person in lieu of the one who has so refused. The delivery of a copy of the award of said arbitrators to the Attorney General shall be a sufficient delivery to the plaintiff. § 3. That this act shall take effect from and after its passage. Approved February 15, 1860. CHAPTER 204. AN ACT to change the State road leading from Glasgow to Greensburg Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of State road from Glasgow to Greensburg, as passes through or near the land of John W. Barret, of Barren county, be so changed as to pass through the lane of said Barret, and that portion of the road running round the farm of said Barret, is hereby discontinued. §2. This act to take effect from and after its passage. Approved February 15, 1860. CHAPTER 205. AN ACT to amend the charter of the Williamsburg, Cumberland river, and Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the further time of five years is hereby given to the company, which may hereafter be organized under the act of the General Assembly, approved March 10th |