1 fines shall be paid over to the sheriff, and be held and ac- § 8. The roads of chartered companies and private ways Approved March 24, 1851, 1851. CHAPTER 633. AN ACT to incorporate the Big Bone Hotel Company. Company in. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be and is hereby established, corporated." in the county of Boone, a company with a capital stock of fifty thousand dollars, to be divided into shares of fifty dollars each, to be subscribed and paid for by individuals, companies, or corporations, in the manner hereinafter specified; which subscribers and stockholders, their successors and assigns, shall be and they are hereby created a body politic and corporate, by the name and style of the president and directors of the Big Bone hotel company, and shall so continue until the year 1951; and, by that name, shall be competent to contract and be contracted with, to have, possess, enjoy, and retain such lands, tenements, hereditaments, goods, and effects as may be necessary and convenient for the erection and furnishing a hotel in the county of Boone, at the Big Bone springs; to rent and demise said hotel, furniture, &c.; to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts and places, in all matters, as natural persons; to have and use a common seal, and change, alter, or renew the same at pleasure; to ordain and put in execution all such by-laws, rules, and regulations as they shall deem necessary for the government and carrying out the objects of this corporation: Provided, they be not contrary to the constitution and laws of this state or of the United States. § 2. That books for the subscription of stock may be Commissioners. opened at such times and places as may be deemed best, under the direction of M. M. McManama, J. Russell Hawkins, Joseph C. Hughes, B. M. Allen, Esau Click, Thomas Rouse, and John W. Leathers, or some one or more of them; all of whom are hereby appointed commissioners, or such of them as shall act, to procure a book or books, which shall contain the following obligation, and shall be signed by every person who shall take stock in said com 1851. give bond. pany: "We, whose names are hereunto subscribed, do severally bind ourselves to pay to the president, directors, and company of the Big Bone hotel company the sum of fifty dollars for each and every share of stock set opposite our names, in such manner and proportion, and at such times as shall be required by the president and directors of said company." As soon as the amount of five thousand dollars is subscribed, the commissioners, or a majority of those that shall act, shall call a meeting of the stockholders, having given at least two weeks' notice, in three public places in said county, of the time and place of such meeting, and hold an election for president and four directors, who shall hold their offices for one year, and until their successors shall be elected: Provided, that should a vacancy occur, either of the office of president or director, the remainder of the directors shall fill the same by appointment; should all of the offices of directors become vacant, from any cause, any three of the stockholders may call a meeting of the stockholders, as before mentioned, to fill such vacancy by an election. The directory shall appoint a treasurer, and such other officers as they may deem ne cessary. § 3. The treasurer, before he enters upon the duties of his Treasurer to 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 faithfully perform all the duties imposed upon him as treasurer; and may be removed at the pleasure of the directory. Stock, how forfeited. § 4. The stockholders shall have the right to declare when a stockholder has forfeited his stock, and the payments made; but no such forfeiture shall be made by them, without the service of a notice on the delinquent stockholder, at least twenty days before the record of such forfeiture shall be made on the books of the corporation; and such forfeiture shall not release said stockholder from the sum yet remaining unpaid. § 5. This stock shall be personal estate, for which the president and directors shall issue certificates to the owners, which shall be transferable in such manner as the corpo ration shall prescribe by their by-laws. § 6. The right is hereby reserved to the legislature to repeal or modify this act. Approved March 24, 1851. CHAPTER 634. AN ACT to incorporate the Lexington, Harrodsburg and Bowlinggreen, § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Benjamin Gratz, James A. GrinCommissioners. stead, Joseph Bryan, Joseph H. Chrisman, William Bryant, H. S. Elgin, and George Bowman, of Fayette county; William Thompson, John G. Handy, John A. Grimes, Samuel Daviess, James Taylor, Christopher Graham, Andrew G. Kyle, and Beriah Magoffin, of Mercer county; James T. Donaldson, George B. Adams, William E. Graham, John B. Helm, John H. Graham, and Thomas J. Smith, of Warren county; Samuel Peter, Daniel Mcllvoy, Henry Miller, John Moore, Alexander Hamilton, C. C. Kelly, and John Jackson, of the county of Washington; and James Schooling, John Shuck, John P. Reed, Leonard A. Spalding, Thomas P. Knott, Elias F. Shackleford, and W. H. Hawkins, of the county of Marion, be and are hereby appointed commissioners, under the direction of whom, or any three of them, subscriptions may be received to the capital stock of the Lexington, Harrodsburg, and Bowlinggreen railroad company, hereby incorporated; and they may cause books to be opened at such times and places as they may direct, for the purpose of receiving subscriptions to the capital stock of said company, after having given such notice of the times and places of opening the same as they may deem proper; and after the first opening of said books, they may continue them open for such time, and may adjourn from time to time, and to such places as they may deem expedient, for the space of seven years thereaf ter, or until the sum necessary for the incorporation shall be subscribed: Provided, that any subscription tendered at any time and place other than that advertised by said commissioners, if accepted by them, shall be as valid against the party subscribing as if received at the time and place advertised; and if any of said commissioners shall die, resign, or refuse to act, during the continuance of the duties devolved on them by the act, another may be appointed in his stead by the remaining commissioners, or a majority of them, of the county for which said commissioner, not acting, was appointed a commissioner. 1851. § 2. That the capital stock of said Lexington, Harrods- Capital stock. burg, and Bowlinggreen railroad company shall be two millions five hundred thousand dollars, in shares of fifty dollars each, which may be subscribed for by any individual or corporation; and as soon as six hundred shares of said capital stock shall be subscribed, the subscribers of said stock, their successors and assigns, shall be and they are hereby declared to be incorporated into a company, by the name of the Lexington, Harrodsburg, and Bowlinggreen railroad company; and, by that name, shall be capable of purchasing, selling, holding, leasing, and conveying any real estate not exceeding fifteen hundred acres, and real, personal, and mixed estate, so far as the same shall be necessary for the purpose of their incorporation, and no further; and shall have perpetual succession; and, by said corporate name, shall sue and be sued; and may have and 1851. powers. use a common seal, which they shall have power to alter or renew at pleasure; and shall have, use, enjoy, and exercise all the rights, privileges, and powers which other corporate bodies may lawfully do. §3. That the same duties, rights, powers, privileges, and Corporate immunities are hereby conferred, under the same conditions, restrictions, qualifications, instructions, and reservations, upon the Lexington, Harrodsburg, and Bowlinggreen railroad company, hereby incorporated, as are conferred on the Danville and Bardstown railroad company by an act of the legislature incorporating said company; and for the remaining part of the charter and act of incorporation, the fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth sections, and all of the eighteenth section, except the proviso at the end of the act incorporating said Danville and Bardstown railroad company, are hereby referred to and adopted, and made part hereof, so far as the same is applicable, substituting the words Lexington, Harrodsburg, and Bowlinggreen railroad company, whenever, in said section and act, the words Danville and Bardstown railroad company occur; and in lieu of the same, and striking out, wherever Danville and Danville in Boyle county, or Bardstown and Bardstown in Nelson county, occur, and striking out, also, the names of the said company, or the commissioners, agents, or officers thereof, and inserting the words Lexington and Lexington in Fayette county, and Harrodsburg and Harrodsburg in Mercer county, and Bowlinggreen and Bowlinggreen in Warren county, in lieu thereof, together with the names of the Lexington, Harrodsburg, and Bowlinggreen railroad company, commissioners, agents, and officers, and any other words and matter in said section as would come in conflict with the object of the act of incorporation, so as to carry it out according to its true intent and meaning. Said road shall commence at or near Lexington, in Fayette county, and run through Mercer county to Harrodsburg, and thence, along the most practicable route which the company, agents, commissioners, and officers thereof, or a majority of them, may select, on to the said town of Bowlinggreen. § 4. Whenever said company shall have completed that portion of said road from Lexington to Harrodsburg, or to any point beyond said town, so as to intersect any railroad running in the direction of Nashville, through or near Bowlinggreen, Warren county, said company shall have the privilege of ceasing further operations towards the further completion of the same; and shall enjoy all the rights, privileges, benefits, and immunities as are conferred by the act of incorporation, so far as the said road is or may have been completed. 5. That all the notices of said company, in regard to the business of said railroad company, shall be published in the Lexington, Harrodsburg, Bardstown, Springfield, and Bowlinggreen newspapers. Approved March 24, 1851. 1851. CHAPTER 635. AN ACT to amend an act, entitled, an act to incorporate the town of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the above recited act be so amended that it shall be lawful for the clerk of the board of trustees of the town of West Point, to hold an election for trustees in said town, in the absence of the sheriff, or his failure to attend and hold said election; the same to be held under the same rules and regulations as provided for in said recited act. Approved March 24, 1851. CHAPTER 638. AN ACT for the benefit of A. W. Hamilton, and his securities, in a bond for public arms. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Archibald W. Hamilton, late captain of a company of cavalry, in the town of Mountsterling, Kentucky, and his securities, shall be and they are hereby severally released and discharged from the penalty and condition of bond, executed by them to the commonwealth of Kentucky, June 21, 1848, for the return of forty pair of pistols, forty pair of holsters and caps, forty sabres and scabbards, forty cartridge boxes, forty sabre belts and plates, which were obtained from said commonwealth for the aforesaid cavalry company, by said Hamilton; it appearing to this general assembly that the whole of said arms and accoutrements were burnt up and destroyed in the conflagration of the court house of Montgomery county, on the 5th day of March, inst.; the said arms and accoutrements having been deposited therein, in a room set apart and appropriated as an arsenal for said company. Approved March 24, 1851. CHAPTER 639. AN ACT for the benefit of George I. Stockton, and his securities, in two bonds for public arms. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That George I. Stockton, late captain of the Mountsterling light infantry company in the county of Mont |