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1851.

land and erect

buildings, &c.

them, sooner resign, die, or cease to be stockholders; and all vacancies shall be filled by the remaining members of the board, a majority concurring therein; and every two years from the day of the first election, another election shall be holden for five directors aforesaid: Provided, this corporation shall not cease to exist by reason of a failure to hold an election; but the directors then acting shall continue until their successors are chosen and organized.

§ 6. That the said company shall have power to purMay purchase chase grounds in the town of Owensboro' and erect and establish storehouses, taverns, dwelling houses, &c., with all the appendages, and to furnish the same in such style and manner as they may deem proper, and may employ such agents and servants as may be necessary for the well management of the same, or may lease the same as taverns, storehouses, dwelling houses, &c.; and may, also, erect all such out houses, stables, and carriage houses as they may deem necessary: Provided, however, that said company shall be liable to pay to the state and to the town of Owensboro' such taxes for said tavern and other houses as other tavern and similar houses in the town may be charged for a license; and shall be liable, in every respect, to taxation by the state, in the manner and to the same extent as buildings of like character are, and also be liable, in all respects, as such buildings are by the laws of the

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on stock subscribed.

state.

§7. That after said directors are elected, and the board organized, they may again open books for the subscription of stock, and keep them open as long as they may deem proper, for subscription, until the whole of the capital stock herein authorized shall be taken.

§ 8. That said board of directors shall cause an accurate record and books of their proceedings, and accounts of their receipts and expenditures to be kept, which books shall at all meetings be laid before said board, if required, and also be subject to the inspection of the stockholders; 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 en

titled thereto.

§ 9. That the said directors shall have power to make May make calls such calls for the payment of stock of the stockholders as they may deem necessary, and, in case of failure to pay the same on the part of any stockholder, to sue for and recover the same in any court having jurisdiction, as for any other liquidated debt.

10. That none of the powers herein granted shall auShall not issue thorize said company to issue notes or bills payable to bearer, nor to contract debts to a greater amount than the capital stock subscribed by said company; and no stock

notes for circu lation.

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holder shall be made liable in any way for a greater
amount than the stock he has subscribed and taken in said
company.

1851.

CHAPTER 576.

Approved March 22, 1851.

AN ACT for the benefit of certain School Districts in Meade, Knox,
Whitley, Nelson, and Greenup counties.

§ 1. Be it enacted by the General Assembly of the Common- Meade.
wealth of Kentucky, That the superintendent of public in-
struction, upon satisfactory proof being made to him by the
first day of May, 1851, that a common school was taught in
school district No. 19, in Meade county, for six months du-
ring the year 1850, be and he is hereby directed to issue his
warrant on the second auditor, in favor of the school com-
missioners of said county, for the sum of money to which
said school would have been entitled had the trustees there-
of reported in time; said sum of money to be paid to the
trustees of said school No. 19, for the use thereof.

§ 2. That the superintendent of public instruction, upon Knox. satisfactory proof being made to him that schools were taught in districts Nos. 24, 34, and 35, in the county of Knox, in the year 1850, each for the period of three months, according to law, be and is hereby directed to issue his warrant on the second auditor, in favor of the school commissioners of Knox county, for the sum of money to which said schools would have been entitled had they reported by the time now required by law.

§ 3. That the superintendent of public instruction, upon Whitley. satisfactory proof being made to him that a school was taught in district No. 2, in the year 1850, in the county of Whitley, for the period of three months, according to law, be and he is hereby directed to issue his warrant on the second auditor, in favor of the school commissioners in Whitley county, for the sum of money to which said school would have been entitled had it been reported in the time now required by law.

§ 4. That the superintendent of public instruction, upon Nelson. satisfactory proof being made to him that a common school was taught in school district No. 21, in Nelson county, in the year 1850, for three months, agreeably to the common school laws of this state, be and he is hereby directed to issue his warrant on the second auditor, in favor of the school commissioners of Nelson county, for the sum of money to which said school district would have been enentitled to receive had the report for the same been received in due time..

§ 5. That the superintendent of public instruction, upon satisfactory proof being made to him that a common school was taught in school district No. 10, in Greenup county, in

Greenup.

1851.

the year 1850, for the period of three months, agreeably to the common school laws of this state, be and he is hereby directed to issue his warrant on the second auditor, in favor of the school commissioners of Greenup county, for the sum of money to which said school would have been entitled, had the report for the same been received in due time.

Approved March 22, 1851.

CHAPTER 577.

AN ACT regulating the duties of the Christian County Court in laying the levy.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in laying the levy, the Christian county court shall impose a poll tax of twenty-five cents, and no more, on every free white male inhabitant, and on every free male negro or mulatto man living in said county, and of the age of twenty-one years; and the residue of the money requisite to the payment of the claims allowed, and the appropriations made by said court, shall be levied by an an ad valorem tax, to be fixed by reference to the taxable property of said county, as reported in the commissioners' books for the current year, but said court may relieve, for any charitable reason, as heretofore, any of the persons so charged with said poll tax; and for collecting the amount so levied, the sheriff or other collector shall be allowed a commission of three per centum.

Approved March 22, 1851.

CHAPTER 578.

AN ACT to amend the charter of the Lexington and Frankfort Railroad
Company.

Whereas, by the 27th section of an act, approved February 28, 1848, entitled, "an act to incorporate the Lexington and Frankfort railroad company," it was declared that on the completion of the Lexington and Frankfort railroad, and the Louisville and Frankfort railroad, the profits of the two roads should be divided between the two companies owning the same, in the proportion of the actual cost of each of said roads; which said 27th section was also enacted as an amendment to the charter of the Louisville and Frankfort railroad company; and whereas, it is represented to this general assembly that the provisions of the said amendment have not been accepted by the said Louisville and Frankfort railroad company. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in case the said amendment to the charter of the Louisville and Frankfort railroad com

pany shall not be finally accepted by said company, at or before the annual meeting of the stockholders thereof, that then, and in that event the said 27th section of the charter of the Lexington and Frankfort railroad company shall thenceforth stand repealed.

Approved March 22, 1851.

1851.

CHAPTER 580.

AN ACT to establish the town of Woodville, in the county of Mason. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That fifty acres of ground, the land of William R. Wood, adjoining the town of East Maysville, and fifty acres of land belonging to Lewis Collins, adjoining the same, be and the same is now condemned and established as a town, by the name of Woodville, and the title to said land, to the extent that the town is laid off on the land of William R. Wood, is hereby vested in the said William R. Wood, and to the extent it is laid off on the land of Lewis Collins, is vested in the said Lewis Collins, for the purposes hereinafter specified.

§ 2. It shall be lawful for the said Wood and Collins to lay off the said one hundred acres of land, or any smaller quantity in their discretion, into convenient town lots, with streets and alleys, in such manner as they may think right; and sell and dispose of said lots by private or public sale, as they, in their discretion, may determine; and the proceeds of the sales shall go to the said Wood for lots sold on his land, and to said Collins for lots sold on his: Provided, the streets shall be laid off to correspond with the streets of East Maysville.

§ 3. That so soon as a sufficient number of lots be sold, and the population and inhabitants of said town increase so that a voting population of fifty voters shall be resident therein, they shall have a right to elect five trustees for the government of said town.

§ 4. That all the powers, rights, and privileges that are now vested in the trustees of the town of East Maysville, for the government of said town of East Maysville, shall be vested in the said trustees of the town of Woodville, when elected, for the government of said town.

§ 5. The said trustees, when elected, shall elect a president of their board, a clerk, a treasurer, a collector, and other officers, for the government and well being of said town.

Town estab lished.

May lay off town lots.

When they may elect trustees.

Powers of

trustees.

Approved March 22, 1851.

1851.

County court

CHAPTER 582.

AN ACT to authorize the County Court of Montgomery to issue the bonds of said county for Internal Improvement purposes, and to establish a board of Internal Improvement to manage said bonds.

§ 1. Be it enacted by the General Assembly of the Commonmay issue bonds wealth of Kentucky, That the county court of Montgomery county be and it is hereby authorized to issue the bonds of said county, to the amount of twenty-five thousand dol lars, which bonds shall fall due twenty years after date, and bear interest from date, at the rate of six per cent. per annum; be assignable and subject to sale by and at any time before due, redeemable at the discretion of the board of internal improvement, as hereinafter established.

Fund to be cre

of

the

ated for the pay.
ment
bonds.

the board.

§2. That said county court be and it is hereby authorized and required to create a sinking fund for said county, by levying a poll, or ad valorem tax, or both, if it is preferred, on the tax payers and taxable property thereof, for the purpose of paying the annual interest of the said bonds, and so much of the principal as they may, from year to year, direct, so that the whole of the twenty-five thousand dollars shall be extinguished at the end of twenty years. All the laws now in force relating to the manner of collecting the revenue, and all the penalties thereof, are adopted as parts of this act.

§ 3. That at the next April or May term of said court, Election of or as soon thereafter as may be, it shall be the duty of said court to provide for the election of five commissioners, citizens of the county, for the purposes hereinafter stated, who shall be a body corporate, and styled the board of internal improvement of Montgomery county; and, by that name, may sue and be sued, plead and be impleaded in all the courts in this commonwealth, and have and possess all the powers incident to a corporation, to carry into ef fect the objects of this act. The election shall be held at the usual places of voting in the county, and on a day to be fixed by the county court; but the court shall cause notice of the day to be posted up at the court house door in Mountsterling, at each of the precincts in the county, and to be published in the Kentucky Whig for at least one month before the day of the election. All those entitled to vote for representative, shall have a right to vote for .commissioners. The officers of the election shall be appointed as the officers of elections now are, and they shall take the same oath, perform the same duties, and receive the same pay, and be subject to the same penalties. The five persons having the highest number of the votes cast shall be the commissioners of the board. The sheriff shall certify their election to the clerk of the county court, whose duty it shall be to record it in some suitable book of his of fice, free of charge. When recorded, a certified copy of this certificate shall be evidence of the legal character of

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