1851. Counties, &c., in Kentucky may take stock. If state of Ten nessee fails to enact this char ter, the compathe road to the ny may make state line. Former repealed. § 56. The counties and incorporated towns in the state of Kentucky may, in such manner, and under such regulations and restrictions as the legislature of said state shall prescribe, subscribe for and take stock in said contemplated railroad company. § 57. If the legislature of the state of Tennessee, either before or after said company is organized and formed, as aforesaid, shall fail or refuse to concur in and enact this charter, as aforesaid, that refusal or failure shall in nowise invalidate or annul this charter, nor prevent the company from being organized under it, as aforesaid, nor in anywise obstruct or release them from constructing the railroad to the Tennessee state line, as aforesaid, from Henderson, with or without branches, as aforesaid; and it shall be lawful for the president and directors of the company, at any time, to use all lawful means to procure from the legislature and citizens of Tennessee the right of way over the soil of that state, so as to enable the said company to extend their road to its terminus aforesaid, at or near Nashville, and across the Cumberland river, and through or into Nashville, as above provided; or it shall and may be lawful for the president and directors of said company to assent, and arrange and agree with the proper agents the terms of their assent, to the junction of their railroad, at its terminus on the Tennessee state line aforesaid, with any railroad which may be constructed by the state or citizens of Tennessee, or by any company incorporated by that state, and running from Nashville to the said southern terminus of the railroad hereby authorized to be constructed. § 58. That so much of an act, entitled, "an act to incoracts porate the Henderson and Nashville railroad company," approved February 8, 1837, and also of an act, entitled, "an act to amend and re-enact an act to incorporate the Ilenderson and Nashville railroad company," approved March 4, 1850, as is not incorporated into this act, be and the same is hereby repealed. Approved March 8, 1851. CHAPTER 386. AN ACT for the benefit of Riley McGuire. Whereas, it is represented to this general assembly, that James McGuire, a citizen of Greenup county, died about the year 1829, without heirs, but leaving an illegitimate child named Riley McGuire. Therefore, § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That whatever interest in the estate of the said James McGuire has vested in this commonwealth, shall be and is hereby released to and vested in the said Riley McGuire, who is hereby authorized, by the appropriate suit, to assert the title of the commonwealth in said James McGuire's estate, which has been, by this act, released to and vested in said Riley McGuire. § 2. That any and all real estate that the said Riley may take or recover, under the provisions of this act, shall be, in his hands, subject to any and all debts and liabilities of his father, the said James, and as fully as it would be subject in the life-time of the latter. Approved March 8, 1851. 1851. CHAPTER 387. AN ACT to incorporate the Erodelphian Society of Cumberland College. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of the Erodelphian society of Cumberland college, in the county of Caldwell, and their successors, be and they are hereby constituted a body politic and corporate, by the name and style of the Erodelphian society, and, by that name, shall have perpetual succession, with power to receive all donations and bequests, and apply the same for the purpose aforesaid, in conformity to the conditions and designs of the donor; to contract and be contracted with, sue and be sued, defend and be defended, in all courts of competent jurisdiction; to acquire, hold, and convey property, both real and personal, not exceeding five thousand dollars in value; to have and use a common seal; and shall have powers and privileges incident to similar institutions. §2. That said corporation shall have power to form a constitution, and adopt by-laws for its government, which, however, shall not be repugnant to the constitution and laws of this state; to designate the number and titles of its officers, and to provide for their appointment, and to grant certificates or diplomas to such of its members as said corporation shall deem worthy. § 3. That all matters in which said corporation is interested, in regard to the rights of the same, shall be decided by a majority of all its members present: Provided, that members who are absent may vote by their authorized proxies. Approved March 8, 1851. CHAPTER 388. AN ACT giving further time to the citizens of Whitley county to return plats of surveys ou lands in said county. Whereas, it is represented to the general assembly, that the Whitley county court sold land warrants to divers citi 1851. zens of said county, and took bonds for the same, to be discharged in labor on the public roads, said warrants having been located on vacant lands therein; and that said county court has never demanded payment of said bonds; and whereas, a law has been passed prohibiting the register of the land office from receiving any plat and certificate of survey made on said warrants, except it be certified by the treasurer of the county that the warrant had been paid for. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the citizens of Whitley county have until the first day of March, 1852, to return plats and certificates of said surveys to the register of the land office, together with a certificate from the treasurer of said county that said warrants had been paid for. Approved March 8, 1851. CHAPTER 389. AN ACT to incorporate the Columbus Masonic Seminary, in Hickman county. §1. Be it enacted by the General Assembly of the CommonName and style, wealth of Kentucky, That James M. Moore, Doct. John G. Ramsay, William Cook, William J. Walker, John M. Robinson, Richard N. Lester, Nicholas M. Kerr, Newton E. Wright, Fielding Bland, James M. Henderson, James H. House, and James S. McClure, and their associates, be and they are hereby created a body politic and corporate, for the purposes hereinafter named, and, as such, shall have perpetual succession, under and by the name and style of the Columbus masonic seminary; and, by that name, shall have all the privileges and franchises incident to corporations of a like character; and shall be capable of creating, taking, and holding their capital stock, and the increase thereof, and of purchasing, taking, and holding to them and their successors and assigns, and of selling, transferring, leasing, and conveying in fee simple, all such lands, tenements, hereditaments, and estates, real and personal, as shall be necessary for the purposes and objects of this act; and shall be able and capable of suing and being sued, defending and being defended, answering and being answered, in all and any courts of law or equity, or place whatever; may have and use a commmon seal, and generally may do all and every act, matter, or thing which a a body politic and corporate may do. Capital stock. § 2. That the capital stock of said corporation shall not be greater in amount, including all their real and personal property, than twenty thousand dollars, to be divided into shares of ten dollars each; which stock shall be considered and held as personal property, and may be sold and trans ferred as such, in such manner as the president and direc tors, hereinafter provided for, may direct. §3. That the persons named in the first section of this act be and they are hereby appointed commissioners for the purpose of opening books and receiving subscriptions of stock in said company; and they, or any five of them, within one year from the passage of this act, may open and keep open books, in the town of Columbus, or elsewhere if necessary, for the purposes aforesaid, until the whole of said stock shall be taken; and they may close said books so soon as the amount of stock necessary, in their opinion, to carry out the object of this corporation, is obtained. § 4. That when the amount of capital stock necessary, in the opinion of said commissioners, shall have been taken, it shall be the duty of said commissioners to give at least ten days' notice, by advertisements at three or more public places, of the time and place of holding an election for three directors of said seminary, who shall be elected from the stockholders; and each stockholder shall have one vote for each share he may hold in his own name; and that Columbus lodge, No. 173, of free and accepted masons, shall have the power, so long as it exists as a lodge, to elect from its own members four directors for said seminary. 5. That said directors, as soon as practicable, shall organize by electing one of their number as president, and a secretary and treasurer, the two latter of whom shall take an oath faithiully to discharge their duties; and the said president and directors shall manage the financial and prudential concerns of said seminary, and shall hold their offices for one year, unless they, or any one of them, who shall have been elected by the stockholders, shall die, resign, or cease to be a stockholder, in which case five days' notice shall be given to the stockholders for an election to fill such vacancy or vacancies; and in case of the death, resignation, or removal of any of the directors elected by Columbus lodge, No. 173, said lodge shall have the power to elect, at any regular meeting, a member or members to fill such vacancy or vacancies: Provided, that this corporation shall not cease to exist by reason of any failure to hold an election; but, in such case, the president and directors then acting shall continue to act until their successors are chosen and organized. May purchase ground & erect § 6. That said directors shall have power to purchase buildings. grounds in the town of Columbus, and erect and establish a seminary of learning, a hall for Columbus lodge, No. 173, and other buildings that they may think necessary, and furnish the same in such style as they may deem proper, and employ such teachers, agents, and servants as may be necessary for the well management of the same. 1851. Record of pro ceedings to be kept. on stock. § 7. That said board of directors shall cause an accurate record to be kept of their proceedings, and an account of their receipts and expenditures, in proper books for that purpose, which shall be laid before them at all meetings of the board, and shall at all times be subject to the inspection of the stockholders, and of Columbus lodge, No. 173; and semi-annually, after the first year from the time of their organization, they shall make a fair statement of their transactions, and declare a dividend of the net profits of the concern, and pay the same over to the stockholders entitled thereto. § 8. The said directors shall have power to make such May make calls calls for the payment of stock of the subscribers as they may deem necessary, and, in case of failure to pay the same on the part of any stockholder, may sue for and recover the same in any court having jurisdiction, as for any other unliquidated debts. Not to engage in banking. brought. § 9. That none of the powers herein granted shall in any wise be construed to allow banking privileges nor to issue any note, or bills of credit payable to bearer, nor to contract any debts to a greater amount than the stock subscribed; and said directors, after their organization, shall have power to keep the books open for the subscription of stock until the whole shall be taken, and shall have the management and government of the school and buildings, and appoint a principal professor and teachers, as they may deem necessary, and fix the rate of tuition. $10. That all suits by or against said corporation shall How suits to be in the name of the president and directors of Columbus masonic seminary; and when suit is brought against it, it shall be sufficient to serve process upon any two of the directors, to be tried before any court having jurisdiction established by law, and proceed to trial according to the rules and regulations applicable to individuals not corporations. § 11. The general assembly hereby reserves the right at any time to change, modify, or repeal this act. Approved March 8, 1851. CHAPTER 390. AN ACT to amend the charter of the Maysville, Orangeburg, and Mount Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the president and directors of the Maysville, Orangeburg, and Mt. Carmel turnpike road company to construct their said road of plank, instead of stone: Provided, in their discretion, they should deem it best to do so. Approved March 8, 1851. |