1850. mechanical association, for the general meeting of its members, at which time and place the said stockholders shall elect a committee or directors, as aforesaid, who shall continue in office for twelve months, and until their successors are duly elected. Vacancies occurring during the year may be filled by those remaining in office, unless two such vacancies exist at one and the same time, in which event the remaining member of the committee shall, by public advertisement of three weeks, published in one or more of the newspapers printed in the city of Lexington, call a general meeting of the stockholders, for the purpose of filling such vacancies: Provided, said Benjamin Gratz may, before the first Saturday in May next, by be had previouslike previous advertisement, call a general meeting of said stockholders, for the purpose of electing the committee, or directors, aforesaid, who shall continue in office until the first Saturday in May next, and until their successors are elected. At any of such elections, each share of thirty dollars paid in shall be entitled to one vote, and the bona fide holder thereof may vote the same, either in person or by proxy. ly. Election may Certificates of stock to be per §4. The certificates of stock already issued, as aforesaid, or which may hereafter be issued by said company, shall sonal property. be and are hereby declared personal property, and shall be so held and treated in every court in this commonwealth, and the legal title thereto may pass by the indorsement of the person to whom any such certificate has been, or may hereafter be, issued, and by a registry of such transfer in a transfer book, to be kept by the company. Title to lots to 5. The title in and to said lot of ground shall, upon the election of said committee, or directory, pass to said Max- pass to directors well spring company, and shall be held by said company, or may be sold and conveyed, in whole or in part, in fee, or for a term of years, at the discretion of said committee, or directory. The funds arising from any such disposition of said property shall, after the payment of all necessary expenses and liabilities of said company, be ratably distributed among and to the then stockholders therein. President and elected. 6. The said committee, or directors, shall, when elected, select a president out of its own body; they shall also secretary to be appoint a secretary, who shall keep a faithful and true record of the proceedings of said company. To whom subscriptions of § 7. Each and every subscriber to the stock aforesaid, who may not already have paid his or her subscription, is stock to be paid hereby authorized to pay the same to the said Benjamin Gratz, provided the same be paid to him by the first day of January, 1851; and upon his or her failure to make such payment on or before that day, then, in such event, his or her said subscription shall be and is hereby declared void. § 8. That said Maxwell spring company shall, in its corporate capacity, with all the estate belonging thereto, be liable for debts. Company to be 1850. be adopted. liable for any debt or debts now existing against it, or heretofore contracted by its authority, as fully as it would be if the same had been contracted since the passage of this act. § 9. That said committee, or directors, may, at any time. Other rules may hereafter, adopt any other rule or regulation than as above provided for, as to the mode of transfer of stock, and may adopt any by-laws not inconsistent with the constitution and laws of this commonwealth. Shares may be increased. § 10. The shares in said company may be increased so as not to exceed two hundred and fifty dollars in all: Provided, that such increase shall be voted for by three-fourths of the then stockholders, at their general meeting. Approved November 30, 1850. CHAPTER 40. AN ACT for the benefit of the Funk Seminary and Masonic University, at Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the establishment, by the Funk seminary and masonic university at Lagrange, of the medical department thereof, at Louisville, under the name and style of the Kentucky school of medicine, be and the same is hereby approved and confirmed as legal and valid, and the trustees of said university, or a committee thereof, may confer appropriate degrees, within the city of Louisville, upon the pupils of said medical school, any law or statute heretofore passed to the contrary notwithstanding. Approved December 7, 1950. CHAPTER 41. AN ACT for the benefit of William Williams, Clerk of Owsley county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William Williams, clerk of Owsley county, be and he is hereby allowed the further time of twelve months to collect his fee bills, any law to the contrary notwithstanding. Approved December 7, 1850. names. CHAPTER 42. AN ACT to incorporate the Hawesville Cemetery Company. 1. Be it enacted by the General Assembly of the CommonCorporators' wealth of Kentucky, That D. S. Thomas, Robert H. Cox, James E. Stone, N. C. Davison, Timothy Holmes, Samuel Name and style, McAdams, and David Adams, be and they are hereby corporate created a body politic and corporate in law, under the and powers. name and style of the Hawsville cemetery company; and, by that name, shall be capable in law to have and use a common seal, to sue and be sued, to plead and be impleaded, and to do all such things as are incident to a corporation for limited purposes. Said company shall have power to purchase any quantity of land in the county of Hancock, not to exceed ten acres, and receive a conveyance for the same, with such covenants as they may think proper. The land and appurtenances, when conveyed, to be held solely and exclusively for a cemetery, and ornamental grounds connected therewith, and shall never be alienated, sold, or used in a manner inconsistent with this act, or for any other purpose than for burial lots, and as hereinafter prescribed. Said grounds, fixtures, shrubbery, and every thing growing therein, shall be forever exempt from execution, and from levy or sale on account of judgment or decree for any debt or equity whatever. No road, passway or street shall be opened through said grounds, unless by consent of the company. The company may receive, by devise, bequest, gift, or donation, any legacies, gifts or donations to them, to be appropriated solely and exclusively to the ornament or improvement of said cemetery and grounds, and may fund, loan out, or vest in any state stock, any spare funds they may have, but shall never exercise any banking powers. 1850. Powers and trustees. the Notice of elec. tion of trustees to be given. § 2. The above named persons shall be the first board of duties of trustees, (provided they shall become shareholders to the amount of not less than five dollars, each, as hereinafter prescribed;) and they shall, at their earliest convenience, assemble, or a majority of them, and elect one of their own number chairman. The first board of trustees shall remain in office one year, and until their successors are elected, and shall have power to fill any vacancies which may occur in their body by death, resignation, removal from the county, or otherwise; and they and their successors in office shall exercise all the corporate powers of the corporation. The seven trustees shall, afterwards, be elected by a majority of the shareholders who vote, once in five years, due notice of the time and place of voting being first given, by notices posted up at least one month before the election, at the court house door and three or more other public places in Hawesville and Hancock county, or by notice published one month in any weekly paper published in said town; and the election shall be conducted by judges appointed by the board then in office, or, upon failure of the board to appoint judges, any shareholder entitled to vote may conduct the election, and return the polls to the board. The trustees, thus elected, shall remain in office five years, and until their successors are elected and qualified, with power to fill vacancies when they occur from any cause. A majority of the board shall constitute a quorum for the transac 1850. Oath of trustees. Further duties and powers. Trustees of Hawesville may purchase one Acre and levy tax to pay for the same. Proceeds of applied. tion of business. Each person, association, or body corporate, holding burial lots to the amount of five dollars, shall be regarded as holding a share, and each share shall entitle the holder to one vote in the election of trustees; but no person, association, or corporation shall ever cast more than ten votes. The trustees shall keep a record of their proceedings, and of all sales, transfers, and disbursements, and shall always preserve an accurate map of the grounds and lots. and have the same recorded in the clerk's office of the Hancock county court. Each trustee shall, before he enters on the duties of his office, make oath before some officer competent to administer the same, "that he will faithfully and impartially discharge the duties of his office according to the best of his ability, and will not be influenced in the conduct thereof by sectarian, partisan, or political partialities." § 3. As soon as the ground is purchased, and the trustees have qualified, they shall have power to lay out and ornament the same, and, from time to time, alter, repair and add to the same, as may be deemed necessary for the use of the cemetery or grounds, and, for this purpose, and for the purpose of defraying the incidental expenses of the same, shall apply the funds belonging to the corporation. They shall have power to lay off, sell, and convey burial lots, either at public or private sale; to make, from time to time, by-laws and regulations for the management of the cemetery grounds, graves, and enclosures, and the mode of ornamenting the same, and regulate the mode in which bodies shall be interred, and make such other by-laws as may be necessary. They shall have power to appoint, from time to time, such superintendent or sexton, and other officers as they may deem necessary, and prescribe their duties, fix their pay, and take such bond as may be required of them. § 4. In order that a part of said cemetery may be accessible to the public, the trustees of the town of Hawesville are hereby empowered to purchase one acre of said grounds, at and for a sum not to exceed thirty dollars, and may levy a tax upon the taxable property and tithes in said town to raise the amount; and the county court is authorized to make a like appropriation for one acre, to be included in the county levy, or to be paid out of any unappropriated funds under their control; and the trustees of the town of Hawesville and the said county court shall be considered shareholders to the amount so appropriated, and may, each, designate one of their body to cast their votes in elections, and shall have all the privileges of other shareholders. § 5. The proceeds of sales of lots, and the amount paid sales of lots how by the town of Hawesville and county court, and all moneys coming to the corporation from any source, shall first be applied to the payment of the purchase money, and shall afterwards, in all time to come, be applied to the improvement and ornament of the grounds, and to pay incidental expenses. 1850. Certificate to be given to pur § 6. When a burial lot is purchased, the trustees shall give a certificate thereof, under the seal of the corporation, chasers of lots. which shall vest the purchaser with title. This title shall be transferable according to such rules and regulations as may be prescribed by the by-laws of the corporation, but in no other manner, and shall descend or pass by devise, as other real estate. Such lots shall never be used for any other purpose than burial lots, and if applied to any other use, the title shall revert to the corporation. Penalty for vi 7. If any person shall, maliciously and forcibly, and without lawful authority, violate any of the graves of the plating graves. dead, or willfully deface any of the tomb stones, monuments, or enclosures, or willfully injure any of the shrubbery, fixtures, or buildings, or in any manner damage the grounds of the corporation, such person or persons so offending, besides being liable to indictment for a misdemeanor, and punishable according to the discretion of a jury, shall be liable to the corporation in an action of trespass, and the damages, when recovered, shall be applied by the corporation to restore, as far as possible, any injury that has been done, and any balance to the general uses of the company. Approved December 7, 1850, CHAPTER 43. 1 AN ACT to incorporate the Flemingsburg and Upper Fox Springs Turnpike Road Company. Company form §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company is hereby formed to ed. construct a turnpike road from Flemingsburg to the Upper Fox springs, in Fleming county. § 2. The capital stock of said company shall be ten thousand dollars, to be divided into shares of fifty dollars each. 3. Books for the subscription of stock in said company shall be opened on the first Monday in February, 1851, at Flemingsburg, under the direction of L. W. Andrews, J. C. Wilson, John A. Cavan, Hugh Barr, Jonathan Elston, Simon Carpenter, and L. M. Cox, or a majority of them; and at Upper Fox springs, on the same day, under the direction of Edwin Singleton, Andrew Fountain, Theophilus Davis, and Daniel Morgan, or a majority of them, and shall be kept open to receive subscriptions for stock to said road until one hundred and twenty shares are subscribed. Each shareholder shall sign a covenant, as follows: "We, whose names are hereto signed, bind ourselves, severally, to pay to the president, directors and company of the Flemingsburg and Upper Fox springs turn Capital stock. Books to be opened for the subscription of stock. Commissioners. Obligation of subscribers. |