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shall have full power and authority to make all contracts pertaining to the real or personal estate of said division.

§ 3. That the trustees of said corporation may have, make, and use a common seal, which they may change or alter at pleasure; and the members of said division may make such by-laws, rules, and regulations touching the management and control of the real and personal estate belonging to said division, as they from time to time may choose: Provided, they be not inconsistent with the constitution and laws of the United States or this state.

4. That Barnett R. Johnson, Robert Russell, William H. Winters, G. M. Child, and Joseph F. Martin be and they are hereby appointed trustees, as provided for in section second hereof, and shall hold their offices until the last Saturday in September, 1852, and until their successors are appointed; and it shall be the duty of the members of said division, on the last Saturday in September, 1852, and on the last Saturday in September every year thereafter, to elect five members of their own body to act as trustees for one year, or until their successors are duly elected; and the service of process or notice on any two of said trustees shall be sufficient service and notice for all.

1852.

Powers of the trustees.

Their names;

when elected.

§ 5. The legislature hereby retains the power to alter, Right to repeal change, modify, or repeal this act at pleasure.

Approved January 9, 1852.

reserved.

CHAPTER 480.

AN ACT declaring Wolf Creek navigable.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Wolf creek, in Lawrence county, be and is hereby declared a navigable stream: Provided, that nothing herein contained shall be so construed as to authorize the destruction of any mill dam on said creek, theretofore constructed.

Approved January 9, 1852.

CHAPTER 481.

AN ACT to amend the charter of the Nicholasville and Jessamine Turn. pike Road Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all persons, and their property, residing in the county of Jessamine, traveling on the dirt road (known as the shunpike) to and from the town of Nicholasville, shall and may pass through the toll gate erected near the town of Nicholasville, by the Nicholasville and Jessamine county turnpike road company, free of toll. Approved January 9, 1852.

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AN ACT to amend the charter of the Augusta, Cynthiana, and Georgetown Turnpike Road Company.

WHEREAS, it is represented that nine miles and a quarter of the Augusta, Cynthiana, and Georgetown turnpike road have been completed, and is ready for travel, and the charter of said road company does not admit of but one toll gate for every five miles; and that it is right and proper for said company to have the privilege of erecting two gates on said finished road; and that the tolls allowed to be collected are too high. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the president and directors of the Augusta, Cynthiana and Georgetown turnpike road company be and they are hereby authorized to erect two toll gates on the nine and a quarter miles of said road now completed: Provided, said gates are erected not less than one mile from any city or town, and not less than five miles from each other; and said president and directors shall have a right to diminish the tolls on said road.

Approved January 9, 1852

CHAPTER 483.

AN ACT amendatory of an act to incorporate the Danville, Somerset, and
Knoxville Railroad Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, an act to charter a railroad company from Danville, via Somerset, to Knoxville, Tennessee, passed at the November session, 1851, be so amended as to require a majority of all the qualified voters of the several counties, cities, and towns through which said road shall run, to vote in favor of authorizing the subscription of stock, the imposition of a tax, or the issuing of bonds, before said stock shall be subscribed, the tax imposed, or said bonds issued.

Approved January 9, 1852.

CHAPTER 484.

AN ACT for the benefit of Harry Stratton.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Harry Stratton, administrator for S. C. Stratton, deceased, be allowed the further time of one year to collect the arrearages of taxes and fee bills due the said S. C. Stratton, as sheriff and justice of the peace for Floyd county: Provided, that no fee bill shall be collected that is barred by statutes of limitation.

Approved January 9, 1852.

CHAPTER 485.

AN ACT to incorporate North Middletown Royal Arch Chapter, No. 26, and Morrison Lodge, No. 103, of Free and Accepted Masons.

1852.

Corporate nam

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of North Middletown royal arch chapter, No. 26, of ancient free masons, in North and powers. Middletown, in Bourbon county, be and they are hereby created a body politic and corporate, by the name and style of North Middletown royal arch chapter, No. 26, with perpetual succession; and, by that name, shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of purchasing and holding all such real and personal estate as may be required for the use of said chapter; to receive all necessary conveyances, and to sell, dispose of, and convey all such real and personal estate as they may now have, or hereafter acquire: Provided, the amount vested in real estate, exclusive of buildings thereon, shall at no time exceed three thousand dollars.

§ 2. That the management of the financial concerns of said corporation shall be and is hereby confided to John C. Hall, Jonathan D. Hearne, John A. Sydner, Joseph U. Stewart, and Thaddeus U. Stewart, for the time being, and their successors in office, as trustees thereof, who, or a majority thereof, shall have full power to make all contracts, not inconsistent with this act, or in opposition to the bylaws and instructions of said chapter.

§3. That the aforesaid trustees shall hold their offices until the regular meeting of the chapter in August, 1852, and on that day, and on the regular meeting of each succeeding August, the members of said chapter shall elect their trustees, in default of which the existing board of trustees shall continue to hold their offices until there be such election held.

§4. That the members of Morrison lodge, No. 103, of free and accepted masons, in the town of Danville, be and they are hereby created a body politic and corporate, by the name and style of Morrison lodge, No. 103, with all the powers, rights, and privileges granted above to North Middletown royal arch chapter, No. 26, except that the master and wardens, for the time being, of said lodge, and their successors in office, shall have and exercise the powers above granted, as trustees of said lodge.

Approved January 9, 1852.

Trustees.

Term of office.

Election.

Morrison lodge incorporated.

CHAPTER 486.

AN ACT to charter the Knob Lick Turnpike Road Company. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company is hereby created,

1852.

Corporate name

Capital stock may be enlarged

books.

Contract.

under the name and style of the Knob Lick turnpike road company, for the purpose of making an artificial road from or near the intersection of the Knob Lick road with the Stanford and Hustonsville turnpike road, to the Danville and Hustonsville turnpike road at or near Shelby's meeting house, in Lincoln county.

§ 2. That the capital stock of said company shall be fifteen thousand dollars, divided into shares of fifty dollars each; and if it shall be found that said capital stock is not sufficient to complete said road, then the president and directors may increase the same, and open books for its subscription.

§3. That books for the subscription of said stock shall Opening of be opened the second Monday in February, 1852, or as soon thereafter as convenient, at Stanford, or any other town or place in Lincoln county, under the direction of Commissioners, Richard W. Givens, Samuel W. Givens, James Crow, Henry C. Bright, John W. Gilbert, and Henry Thurman, or any three of them who may act. The subscribers of stock shall sign, in a book provided by said commissioners, an obligation, as follows: "We, whose names are hereunto affixed, do severally promise to pay the president and directors of the Knob Lick turnpike road company, the sum of fifty dollars for each share annexed to our respective names; as witness our hands this 18 ." The said commissioners shall give notice, by written or printed opened; notice advertisements, of the time and place of opening books of subscription, at least two weeks before the time, and may continue them open until the capital stock shall be taken: Provided, that if, from any cause, the books should not be opened on the day fixed above, or the stock should not be fully taken, then the said commissioners may open the same at any time they may fix, within three years from the passage of this act, and proceed as is directed in this act.

Books to be

thereof.

day of

4. That whenever the sum of three thousand dollars Organization. shall have been taken, it shall be the duty of the said commissioners to advertise the same, by printed or written advertisements, in Stanford, Shelby's meeting house, and other public places in Lincoln county, and calling the stockholders together at such time and point as they may designate in such notice, and who, when called together, shall proceed to elect from their number a president, treasurer, Election of of secretary, and five directors of said road, each of whom shall, before entering on the duties of his office, take an oath before some justice of the peace to honestly, justly, and faithfully perform their respective duties; a certificate of which shall be recorded by the secretary in the books of Bonds to be the company. The treasurer shall execute bond, with good security, in such penalty and conditions as the president and directors may prescribe, payable to the president, directors, and company of the Knob Lick turnpike road;

ficers.

executed.

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which bond shall be preserved by the secretary. The said officers shall hold their offices during one year, and until their successors shall be duly elected and qualified: Provided, no one shall hold either of said offices unless he is a shareholder in said road; and that, in the election of said officers, each shareholder shall have one vote for each share he holds. That the said president, directors, and company shall be a body corporate, under the name and style of the president, directors, and company of the Knob Lick turnpike road; shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity having jurisdiction of the subject matters; and do and perform all things that like corporate bodies may do.

5. That it shall be the duty of the said president and directors to let out two or more miles of said road, whenever three thousand dollars of the said capital stock shall be taken, and the remainder when they may think a sufficient amount of stock has been taken to complete the road; that they may let out any portion of said road to be made of stone, gravel, or plank, not to be of a greater elevation than three degrees, not be less than forty nor more than sixty feet in width, and the McAdamized part of gravel, stone, or plank, not to be less than twelve nor more than sixteen feet in width, as they may deem proper. That they may let out any portion of said road to be paid for in the stock of said company, provided it does not exceed the engineer's estimate.

1852.

Term of office.

Corporate

powers.

When work

may commence.

Grade of road.

Lincoln county court may take

§ 6. That the Lincoln county court may take stock in said road, and, to pay for the same, may levy such a tax on each one hundred dollars worth of property in said stock, county, subject to said tax, as will be sufficient for that purpose.

§7. That the provisions, from the fifth to the thirty-fifth section, inclusive, of the Danville and Hustonsville turnpike road charter, approved March 1st, 1844, be and the same are hereby made part of this charter, so far as it does not conflict with this act.

§ 8. That the provisions of an act, entitled, an act for the benefit of turnpike roads in Lincoln county, approved March 24, 1851, be and the same are hereby re-enacted for the benefit of the road company incorporated by this act. Approved January 9, 1852.

Further privileges granted.

CHAPTER 488.

AN ACT to create the offices of Police Judge and Marshal in the town of Mount Vernon.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the office of police judge and marshal is

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