twenty-seventh section of the said act incorporating the Lexington and Frankfort railroad company, approved February 28, 1848. 1851. Engineers to be appointed by each county § 5. That on the application of said company to the county courts of the several counties through which a branch of said road may be wished to extend, such court court. shall appoint a civil engineer and two impartial commissioners, whose duty it shall be to take from the owners and proprietors of land, and from those having an interest therein, and through which it is proposed the road shall pass, a grant of the right of way through the same; and said engineer and commissioners, or either of them, shall have the same power to take acknowledgments of the grantor that clerks of the several county courts now have; also, to take the privy examination of married women, and certify the said acknowledgments; and it shall be the duty of the county court clerk of the county to receive and record the grant, with the certificate; and said grant, so certified and recorded, shall vest in the company all the rights intended to be vested by the terms of the grant; and the grants of the right of way may include the fee, and the right to stone, earth, gravel, and timber on the granted or adjoining lands, for the making or repair of said road. §6. That in all cases where the owners and proprietors of land, from any cause, shall fail or refuse to grant the right of way, it shall be lawful and the duty of said engineer and commissioners, or any two of them, from their own view and such proof as shall be presented, to value the land required for the road separately, and the advantages the road will be to the proprietor of the adjoining lands separately, and the disadvantages to the adjoining lands separately, and make report of the same, together with a map of the road through such county, to the clerk of the county court of such county, with the names of the owners of such land, and whether they are residents of the state, or non-residents, and infants, or adults; and it shall be the duty of the clerk to issue a summons against all such owners to show cause why the grant of the right of way shall not be made, on the payment of the balance, if any, of the value of the land as reported; and upon the service of said summons on the owner, if in the county, and, if not, on his agent in the county, if he have one, ten days, the county court shall have jurisdiction, on said report, to order the balance, if any, of the assessed value of the land to be paid, and a grant of the right of way to be executed to the company by a commissioner to be appointed by the court for that purpose: Provided, that if the owner is out of the county, and have no known agent within the same, it shall be lawful to send the summons to any county in the state where the owner is, or his authorized agent may he; and if such owner be a non-resident Proceedings in case right of way shall be re 1851. may traverse the report. of the state, and have no known agent, the court shall make an order of appearance to a named day, not less than four weeks, and appoint an attorney to correspond with the owner, and defend for him; and when the owner is an infant, the court shall appoint a guardian ad litem to appear for such infant and make defense; and it shall be lawful for the court to take up the case as to any one owner who is before the court, without waiting until all are 'served § 7. It shall be lawful for the company or for the owner Either party to traverse the report, or for both to traverse it, and claim a jury to value the land required for the road, and to assess the damages to the adjoining land, and the advantages which the road will be to the same; all which shall be done separately; and thereupon the court shall cause a jury to be impanneled to try the traverse or traverses in open court, and under its discretion, and to order the damages found by the jury to be paid, and also the damages to the adjacent land, first deducting therefrom the value of the estimated advantage the road will be to the same; and the court shall have the right to grant to either party a new trial, for the same causes that new trials are granted in suits at law; and either party may appeal or take a writ of error, but no appeal or writ of error shall prevent the company from proceeding to construct the road. In what case the foregoing provisions shall apply. fort may sut. scribe stock. § 8. The foregoing provision as to the right of way shall apply as well to the road between Louisville and Frankfort as to the branches, and shall apply to all cases where the company shall want ground for depots and turn outs, and stone, gravel, earth, or timber for the construction or repair of the road, and its culverts and bridges; and nothing herein contained shall be construed as preventing the company from contracting for the right of way, and stone, gravel, earth, or timber needed for the construction or repair of the road, under the provisions of the charter of the company. § 9. It shall be lawful for the Louisville and Frankfort railroad company to contract, on such terms as they may deem right and proper, with the Lexington and Frankfort railroad company for the use, by the former, of the depot of the latter in Frankfort. § 10. That the mayor and board of councilmen of the City of Frank city of Frankfort are hereby authorized to subscribe stock to the Louisville and Frankfort railroad company, not exceeding the amount of fifty thousand dollars, to be applied to the construction of a branch railroad to connect with the Louisville and Frankfort railroad at or near the city of Frankfort; for the payment of which subscription, the said mayor and board of councilmen may issue the bonds of said city, having not less than ten nor more than thirty years to mature, and bearing an interest not exceeding six per centum per annum, payable half yearly: Provided, that before any such subscription shall be made, the said mayor and board of councilmen shall submit the question of such subscription to the vote of the citizens of said city qualified to vote for members of the board of councilmen, having first advertised the amount and terms of such proposed subscription, for at least ten days before such vote is taken, in the newspapers published in said city; and unless a majority of all the qualified voters of said city shall vote in favor of such subscription of stock, the same shall not be made. Approved March 24, 1851. 1851. CHAPTER 624. AN ACT for the benefit of G. W. V. McConnell, of Woodford county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That George W. V. McConnell, late deputy sheriff of Woodford county, have the further time of two years within which to list with the proper collecting officer the fees and arrearages of tax due him as deputy sheriff aforesaid; and said officer is authorized to distrain for and collect the same: Provided, that said McConnell shall be liable to the penalties imposed by existing laws for issuing illegal fee bills. Approved March 24, 1851. CHAPTER 625. AN ACT to incorporate the Newport and Licking Turnpike and Plank Road Company. § 1. Be it enacted by the General Assembly of the Common Name and style, wealth of Kentucky, That a company shall be and hereby is incorporated as a body corporate and politic, in the county of Campbell, by the name and style of the Newport and Licking turnpike and plank road company, for the purpose of constructing a turnpike or plank road, in whole or in part, from the corporation line of the city of Newport at some convenient point; thence up the Licking valley, crossing Three Mile creek near its mouth, and passing near Six Mile lock, to some convenient point on the ridge road leading from Newport to Alexandria, a distance of about seven miles; also, of erecting a bridge across said Three Mile creek where said road shall cross the same. § 2. That the capital stock of said company shall not be more than twenty-five thousand dollars, to be divided into shares of twenty-five dollars each. § 3. That the books for the subscription of stock may be opened in the cities of Newport and Covington, and in the town of Alexandria, and such other places as may be Capital stock. Books to be opened for the subscription of stock. 1851. deemed best, under the direction of Thomas L. Janes, Jas. Taylor, Henry C. Gassaway, John S. Morgan, Herman Carlton, and F. M. Webster, or some one or more of them, all of whom are hereby appointed commissioners, for the purpose of obtaining subscriptions of stock in said corporation; and the said commissioners, or such of them as shall act, shall procure a suitable book or books, which shall contain the following obligation, and shall be signed by every person who shall take stock in said company: We, whose names are hereunto subscribed, do severally bind ourselves, respectively, to pay to the president, directors, and company of the Newport and Licking turnpike and plank road company the sum of twenty-five dollars for each and every share of stock set opposite our names, in such manner and proportions, and at such times as shall be required by the president and directors of said company." And when the president and directors shall have been elected, as hereinafter prescribed, they shall have full control of said books of subscription, and may have the same opened, from time to time, under their direction, until a sufficient sum is subscribed to complete the work. § 4. That as soon as a majority of said commissioners, or a majority of those that shall act, shall be of opinion. ny may be or that a sufficient amount of stock is subscribed to justify a When compa ganized. commencement of said road, they may call a meeting of the stockholders, (having first given at least two weeks notice of the time and place of meeting by publication in in some one or more newspapers published in Newport or Covington,) and hold an election for president and five directors, who shall hold their offices for one year, and until other like officers shall have been elected: Provided, that should a vacancy occur, the remainder of the directors shall fill the same by appointment; and should the offices of the directory become vacant, from any cause, any three of the stockholders may call a meeting of the stockholders, as above mentioned, to fill such vacancies by an election. The directors shall appoint a treasurer, and such other of ficers as they may deem necessary; and the said treasurer, before he enters upon the duties of his office, shall execute a bond to said company, with security, to be approved by the directory, in such penalty as they may deem necessary, conditioned that he will well and truly, in all things, perform the duties of his office; and, whenever a demand shall be made on him by the directory, or its authorized agent, pay over, as they may direct, all sums in his hands as treasurer, and hand over all books and papers belonging to the company; and the said treasurer shall continue in office until the directory shall make another appointment: Provided, that no person but a stockholder shall hold the office of president or director. 1851. Corporate 5. That upon the election and qualification of said directors, they shall be a body politic and corporate, by the name and style of the Newport and Licking turnpike and rowers. plank road company; and, by said name, said company ehall have perpetual succession, and all the privileges and franchises incident to a corporation; and shall be capable of taking and holding their capital stock, and the increase and profits thereof; of purchasing and selling lands and tenements, as the same may be deemed necessary, by said directory, in the construction and keeping up of said road; to sue and be sued, plead and be impleaded, answer and be answered, in all courts and places; contract and be contracted with, to have a common seal, or to use a scroll instead thereof, and generally to do every thing which may be requisite, and not contrary to the intention of this act. $6. That the president and directors, after their election, May make belie shall make a call upon the different stockholders for payment on stock. upon their several subscriptions, which call may be made in such manner as they shall deem right and just: Provided, that the first call shall not be over twenty per centum on the amount subscribed, and may be less, in the discretion of said directors: And, provided further, that all subscribers paying as much as twenty per centum, as aforesaid, at the first payment or call, shall be entitled to a notice of forty days upon any subsequent call. §7. That every stockholder shall be entitled to one vote on each share owned by him, to the number of four, and shall be entitled to one vote for the next two shares, and for every four shares thereafter shall be entitled to one vote only. §8. That the certificate of the president, countersigned by the treasurer, shall be evidence of ownership of stock in said company, and the same shall be transferable on the books of the treasurer, in person or by attorney, when all arrearages shall have been paid, and not until then. § 9. That the president may call meetings of the board of directors at such times and places as he may think proper; a majority of the directors shall constitute a quorum; and in the absence of the president, a majority of said directors, as aforesaid, may elect a president pro tempore: Provided, that if, by the death of the president, or other cause, a meeting should not be so called when the business of the company shall demand it, any two of the directors may call the same, first having given reasonable notice of the time and place of meeting, in such manner as said board of di rectors shall determine. Said board of directors shall have full power to pass all by-laws deemed necessary to promote the interest of the stockholders, and to superintend the construction of said road, and the management and government of the game. Each staro entitled vote. Certificates of stock assignable |