or poll-tax upon every male inhabitant of said town, over the age of twenty-one years, of not exceeding one dollar and fifty cents; and a tax not exceeding one dollar on each dog that any person may keep, or suffer, or permit to be kept on his or her premises.

§ 37. That all taxes and assessments levied or assessed by the board of trustees under this act shall be a lien upon the real or personal estate upon which the same may be imposed, voted, or assessed, until the same is paid; and no sale or transfer of real or personal estate shall affect the lien thereon: Provided, Said lien shall not exist for more than two years.

$38. That the board of trustees shall have authority and control over the streets, sidewalks, and alleys now in sai town, or which may be opened or laid out hereafter, with full power to grade, pave, gravel, construct, repair, protect, and ornament the same, as they may deem most convenient and beneficial to said town.

39. That whenever, in the opinion of a majority of the board of trustees, the public convenience may require it, the said board may, at any regular meeting, require any street alley, road, or highway to be opened, laid out, extended, changed, straightened, or altered, first obtaining the consent of the owners of the land through or over which said street, alley, highway, or road may run, either by purchase, donation, or by writ of ad quod damnum; and if the right of way cannot be obtained by purchase or donation, said trustees shall have the right to have the same condemned according to the provisions of the General Statutes for the condemna tion of land for public roads.

§ 40. That it shall be the duty of the board of trustees at all times to keep the streets and alleys in good order and condition, and clear of all obstructions; and for every failure to do so, as well as for every willful failure to efficiently exercise the powers herein conferred upon them, to promote the good, order, health, safety, and prosperity of said town and its inhabitants, they shall, for each offense, upon indictment and conviction in the Wolfe circuit court, forfeit and pay for the use of said town not less than ten nor more than fifty dollars; and such fine shall be paid by the members out of their individual estates, share and share alike.

§ 41. That the owners in front of or upon whose premises the board of trustees shall order and direct curbing or sidewalks to be constructed, repaired, or relaid, shall make, repair, or relay such curbing or sidewalks at their own cost and expense, and in the manner, with the material, and within the time prescribed by said board of trustees, by ordinance or order duly entered on their records; and if not done in the manner, with the material, and within the time prescribed, the board of trustees may cause the same to be constructed, repaired, or relaid, and assess the expense thereof and collect the same by warrant and sale of the premises as in case of taxes. A suit may also be maintained by the board of trustees against such owner or owners for the expense of said improvement: Provided, That no person shall be required to make a sidewalk in front of his or her premises until the street in front of such premises has been graveled or macadamized at the expense of the town.

42. The said board of trustees shall appoint a superintendent of the streets and alleys of said town. Said superintendent shall be a sober, discreet person. His duties shall be to watch over and see that the streets and alleys are in good and safe condition, report any breaks or defects to the board, and repair or improve them as ordered by the board. They shall agree with him as to his wages, and may remove him at any time, and put another in his stead. The marshal shall be eligible to the position, and shall always have the preference in appointment when his qualifications are sufficient. Said superintendent shall have the power to call out all male citizens of said town who are now required to work on the public roads in the county, to assist him in working the streets and alleys, at any time he may deem it necessary. He shall superintend the work, and shall give them the same notice of the time of such work as is now required by the laws of the State; and any person subject to work, and failing to do so, when legally notified, shall be subject to the same penalties now prescribed by the State laws, recoverable on warrant before the police judge. Should any person subject to work under this section prefer, when called out, to pay sixty cents per day in lieu thereof, he may deposit the same with the superintendent, and be relieved from such time; and said superintendent shall pay said sum of money to the treasurer, and take his receipt therefor: Pro

vided, That all persons required to work the streets under this section shall be exempted from working on the public roads of the county outside of the corporate limits of said town.

§ 43. That D. S. Godsey, J. A. Adams, J. T. Pieratt, and H. C. Herndon, are hereby appointed trustees, and J. M. Kash police judge of said town, to remain in office until their successors are elected and qualified.

§ 44. That this act shall be in force from and after its passage.

Approved March 29, 1882.

CHAPTER 645.

AN ACT to incorporate the Jellico Mountain Coal and Coke, Mining, and

Transportation Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That Samuel L. Wooldridge, B. R. Hutchcraft, Phil. C. Kidd, James W. Fox, and their associates, successors, and assigns, be, and they are hereby, created and constituted a body-corporate and politic, by the name and style of the Jellico Mountain Coal and Coke, Mining, and Transportation Company; and by that name and style shall have perpetual succession, with power to make contracts, sue and be sued in all courts and places; to own property, both real and personal; to have a common seal, and the same to change or alter at pleasure; to engage in mining coal, iron, or other material, and cutting, sawing, and taking the bark off timber, and preparing such materials, articles, timber, and bark for market, and transporting and selling them within and without this State, and to do other acts and have all other powers needful for the successful prosecution of their business, and for the execution of the powers herein granted.

§ 2. The officers of said corporation shall consist of a president, vice president, secretary, and treasurer, and a board of five directors, who shall conduct and manage the business and affairs of said corporation. They shall be elected by the stockholders on the first Tuesday in May, 1882, and on that day each year thereafter; they shall hold their office for one year, or until their successors are duly elected. An election

may be held upon any day after the day fixed herein, upon ten days' notice to the stockholders by mail, and vacancies may be filled in the same manner by a like notice. The president and vice president shall be elected from the five directors; the secretary and treasurer may be elected from the stockholders; the board of directors shall have power and authority to hire and employ such agents, servants, or persons as they may deem necessary, and fix their duties, wages, and compensation, and said board may require bond and security from any and all officers, agents, and servants for the faithful performance of their duties; said board shall have power to make such by-laws, rules and regulations, as they may deem necessary from time to time for the government and prosecution of the business of said corporation, not inconsistent with the Constitution and laws of this State or the United States.

§3. The capital stock of said company shall be three hundred thousand dollars, in shares of one hundred dollars each, for which said company, when the stock is paid for, shall deliver a certificate to the stockholder, signed by the president, countersigned by the secretary, and impressed with the seal of the corporation. The stock shall only be transferable upon the books of the corporation and the surrender of the old certificate, for which a new certificate shall be issued and delivered to the person entitled to same.

§ 4. Said company may buy, lease, or rent any suitable lands, timber, or mineral lands, mines, mining privileges, rights of way, saw-mills, and other manufacturing machinery, and other property and rights, such as they may deem necessary, and may dispose of the same, or any portion of the same, by sale. They may receive real estate, mining rights, the right to take timber, and rights of way, upon such terms as they may deem advisable, and may receive them in payment of part of subscription to the capital stock; if it is deemed advisable, as to their real and personal property, said corporation shall have and possess the same power and authority to sell, dispose, or encumber the same as private individuals now have and enjoy.

§ 5. Said corporation may construct tramways, railways, or railroads, and operate the same from its mines or other works to any other railroad or highway within five miles of its mines or business; and it may make any contract or agree

ment with any railroad company with which they may connect for the use of their railroad, or such parts as may be necessary; and if, for the purpose of constructing its roads aforesaid, it shall be necessary to pass over the lands of others, and it cannot agree with such person on the amount of compensation to be paid for same, then this company may condemn the same for its use in the mode provided by the General Statutes of Kentucky for public roads; but the amount condemned shall not exceed sixty feet in width.

§ 6. The principal place of business of said company shall be at Lexington, Fayette county, Kentucky; and the private property of the stockholders in said corporation is exempt from payment or liability for corporate debts.

§ 7. The company may organize and commence business whenever twenty-five thousand dollars of the stock shall be subscribed; and the stock subscribed shall be due and payable in such installments and at such time as the board of directors may determine, not, however, to exceed twenty-five per cent. every thirty days.

8. This act shall take effect from and after its passage. Approved March 29, 1882.

CHAPTER 646.

AN ACT for the benefit of Reben Payne, late sheriff of Russell county. WHEREAS, Reben Payne was sheriff of Russell county for the years 1871, 1872, 1873, 1874, 1877, 1878, and 1879, and now has a large amount of uncollected county levy and State revenue tax for said years, and a large amount of fee-bills for said years, yet uncollected and now due him; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That Reben Payne, late sheriff of Russell county for the years 1871, 1872, 1873, 1874, 1877, 1878, and 1879, be allowed the further time of five years to collect all the uncollected taxes and fee-bills now due him for said years, and he may collect the same by distraint as now authorized by law. § 2. This act shall take effect from its passage.

Approved March 29, 1882.