1850. Election for officers, when, aud how conducted. § 4. As soon as one hundred thousand dollars shall have been subscribed to said capital stock, the said commissioners shall advertise an election for a president and five directors to manage the affairs of said company, and, at such election, two of said commissioners shall attend and conduct the same, and each stockholder shall, at such election, have one vote for each share of stock he or she may hold, and may vote by proxy; and the persons having the highest number of votes shall be declared elected, notified thereof, and they shall take an oath, before some justice of the peace, faithfully to discharge the duties of their station, The term of of severally. The president and directors shall hold their free of president and directors. privileges. offices for one year, and until others are elected and qualified; and shall have power to fill all vacancies in their board, to appoint à treasurer, secretary, and other agents, engineers, servants, or laborers, necessary to carry out and effect the object of this act. § 5. That the president and directors shall, in order to Powers and enable them to locate, construct, and finish and furnish such railroad, and manage the same after the same is constructed, shall have, and they and their successors are hereby invested with all the powers, rights, and privileges granted to the Maysville and Lexington railroad company in the act incorporating said company, approved March 4, 1850; and they shall, in all things appertaining to the survey, location, ascertaining the damages for lands, or materials used, releases of right of way, the declaring dividends, rates of toll, and all other general provisions of said act, be regulated and governed by the same. § 6. That the counties of Mason, Lewis, and Greenup $ shall have power to subscribe stock in the said railroad company, as, also, any corporate town in cither of said counties, to any amount which may be authorized by a majority of the voters of said counties or towns voting on such proposition as may be submitted by authority of the directors of said railroad company; and the directors of said railroad company are hereby authorized, at any time, after giving thirty days' notice first posted at the court house door or other public places in said counties or towns, and published in any newspaper in general circulation therein, to take the vote of the citizens thereof on any propOsition submitted by them for the subscription of stock in said railroad company, either on the plan of a tax for such purpose, assessed on the taxable property of the county or town, to raise the sum required, or to raise money to pay interest on the bonds of said county or town, executed in aid of said railroad, or to guaranty the bonds of said railroad company; and the officers empowered by the general laws of this state, shall take such vote in the same manner and under such regulations as the laws prescribe in relation to other elections. Approved December 18, 1850. CHAPTER 97. AN ACT to incorporate the town of Hardinsville, in Shelby county. 1850. Plan of town § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the clerk of the Shelby county to be recorded. court be and he is hereby directed to record the plan of the town of Hardinsville, when presented to him by the trustees thereof, hereinafter appointed. § 2. That when said plan shall have been recorded, the boundary laid down therein shall be known by the name and style of the town of Hardinsville. §3. That Robert E. Finnell, Richard Pemberton, Abel Jinkins, Joseph Boyce, and James Darlington are hereby appointed trustees, who shall continue in office until the first Saturday in August, 1851, and until their successors are duly elected; and at the expiration of their term, it shall be lawful for the citizens of said town, under the superintendence of the trustees, or a majority of them, whose duty it shall be to give ten days' notice of the time and place, to elect five trustees for said town, who shall remain in office one year. Boundaries a dopted. Trustees ap pointed. Election of trustees. of trustees. § 4. That an election for trustees shall be held on the Future elections first Saturday in August, in every year; and when a vacancy may occur from any cause, the board of trustees shall have power to fill the same until the next annual election. § 5. That every free white male person of the age of twenty-one years, being an actual resident of said town, or holding title to real estate therein, shall be entitled to vote for trustees. Who may vote at said elections May enact by. laws, &c. 6. That the trustees shall have power to make rules and enact such by-laws for the government of said town as they may deem necessary, provided they are not contrary to the constitution and laws of this state; said trustees shall have power to inflict a fine of not exceeding five dollars, for every breach of their by-laws, to be sued for and recovered in their name before any justice of the peace in tions of same. Shelby county, and to be applied by them to the use of the town. May inflict a fine for viola. § 7. That the board of trustees shall have power to levy May tax shows. a tax upon all shows and exhibitions in said town, or within one quarter of a mile of the limits thereof, in every direction, not exceeding ten dollars for every twenty-four hours such show or exhibition shall remain or be kept open in said town, or within the limits aforesaid. § 8. That the board of trustees may appoint a clerk and treasurer; and it shall be the duty of the clerk to keep a fair record of all the proceedings of the board, which shall be open for the inspection of any person desirous of seeing the same, and the board may make a reasonable allowance to him for his services, out of any funds which may come into their hands under the provisions of this charter. May appoint a clerk & treasur er. 1850. § 9. That the treasurer shall receive all moneys collected, and pay the same to the order of the board; and he shall give bond and surety for the faithful performance of the duties required of him. A majority of the board shall constitute a quorum for the transaction of business. 10. That all acts and parts of acts conflicting with the provisions of this act, be and the same are hereby repealed. Approved December 18, 1859. Men bers incorporated. CHAPTER 98. AN ACT to incorporate Tompkins Lodge, No. 178. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of Tompkins lodge, No. 178, of free and accepted masons, of Edmonton, be and they are hereby created a body politic and corporate, by the name and style of Tompkins lodge, No. 178, with perpetual succession; and, by that name, shall be capable Corporate of contracting and being contracted with, of suing and being sued, of purchasing and holding all such real and personal estate as may be required for the use of said lodge; to receive all necessary conveyances, and sell, dispose of, and convey all such real and personal estate as they now have, or may hereafter acquire: Provided, the amount rested in real estate, exclusive of buildings thereon, shall at no time exceed five thousand dollars. powers. § 2. That the management of the prudential and fiscal concerns of said corporation shall be and is hereby confito ded to James F. Keel, John P. Monroe, and Robert S. Master and Wardens manage its con cerns. How process may be served. Lodge may en Dougherty, the master and wardens of said lodge, and their successors in office, as trustees thereof, who, or a majority of whom, shall have full power to make all contracts pertaining to the real and personal estate, in any respect, either in purchasing, building, or renting, or for any other purpose, which shall be binding and obligatory upon said lodge, when made in pursuance of the rules, by-laws, and instructions of said lodge; and likewise, by and with the consent of said lodge, said master and wardens, or their successors in office, as trustees as aforesaid, for the time being, may sell and convey any of the real or personal estate of said lodge; and service of process or notice upon of said trustees shall be sufficient notice to said corporation. any § 3. That said lodge may, at any time, pass such by-laws, rules, and regulations, for the government, management, act by laws, &c. and safe-keeping of the property of said lodge, as may be necessary, not inconsistent with the constitution and laws of this state; and any money recovered for any trespass or injury done or committed on or to the property aforesaid, shall be for the use and benefit of said lodge, and shall be FO applied. §4. That the general assembly hereby reserves to itself 1850. the right to change, alter or modify this act, and the pow- Power reserved. ers hereby granted, at pleasure. Approved December 18, 1850. CHAPTER 99. AN ACT for the benefit of William Burke, a Justice of the Peace of Marion county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the secretary of state to furnish to William Burke, a justice of the peace in and for Marion county, a copy of Morehead and Brown's Digest; and that the second auditor be and he is hereby directed, when said books are furnished, to issue bis warrant on the treasurer for the cost of the same. Approved December 18, 1850. CHAPTER 100. AN ACT for the benefit of Charles Rice, of Carter county. Whereas, it is represented to this general assembly, that Charles Rice was the deputy of Peter Mock, Sheriff of Carter county for 1840 and 1841; and of Robert Henderson, sheriff of said county for 1842 and 1843; and of Campbell Rice, sheriff of said county for 1844, 1845, and part of 1846; and that said Charles Rice has failed to collect, within the time allowed by law, certain fee bills due and owing him, as deputy aforesaid, and has also paid for various persons taxes for said years, which have not been paid to him. Therefore, § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the further time of eighteen months is given, from and after the passage of this act, in which the said Charles Rice may collect any and all of said fee bills and taxes, by distress, as if the same were legally listed for collection the year they were, by existing laws, made collectable by distress. §2. That the said Charles Rice shall not collect the same himself, but shall list them with an officer legally authorized to distrain in the collection thereof: Provided, said Charles Rice shall be liable for all illegal fee bills so collected, in the same manner sheriffs are now liable for illegal fee bills collected in the year they were legally due. Approved December 18, 1850. incorporated. Corporate powers. AN ACT to incorporate the German Roman Catholic St. Alphonsus Leibisbund Benevolent Society, of Louisville. § 1. Be it enacted by the General Assembly of the CommonMembers wealth of Kentucky, That the members of the German Roman Catholic St. Alphonsus Leibisbund benevolent society, of Louisville, and their successors and associates, are hereby created a body politic and corporate, in the name and style aforesaid, with authority to contract and be contracted with, sue and be sued, plead and be impleaded, in all courts and places; and to have and use a common seal, with power to alter or change the same at pleasure; and to ordain such by-laws, rules, and regulations for the gov ernment of said company as may be desired, not inconsistent with the constitution and laws of the United States and of this state. May enact by. laws, &c. May elect managers, &c. estate. § 2. The society shall have the right, from time to time, the same being fixed by the by-laws, to elect a president and board of managers, and such other officers of the society as shall be deemed necessary and proper. §3. The society shall have the right to acquire, by purMay hold real chase, gift, devise, or otherwise, both real and personal estate to an amount the annual proceeds whereof shall not exceed ten thousand dollars: Provided, that the provisions of this charter are granted for charitable and benevolent purposes alone. §4. The general assembly hereby reserves the right to Power reserved. change, alter, amend, or repeal this act at pleasure. Approved December 18, 1850. Members incorporated. corporation. CHAPTER 102. AN ACT to incorporate Moore Lodge, No. 96, of Free and Accepted Ma sons. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of Moore lodge, No. 96, of free and accepted masons, of Columbia, be and they are hereby created a body politic and corporate, by the name and style of Moore lodge, No. 96, with perpetual succession, and, by that name shall be capable of contracting Powers of the and being contracted with, of suing and being sued, of purchasing and holding all such real and personal estate as may be required for the use and accommodation of said lodge; to receive all necessary conveyances, to sell, convey and dispose of all such real or personal estate as they may now have, or hereafter acquire: Provided, the amount vested in real estate, exclusive of buildings thereon, shall at no time exceed ten thousand dollars: and provided, also, the officers of said lodge may, at the discretion of the same, |