1860.

Penalty for injury or obstruc

tion to road, &c.

How capital stock paid.

§ 11. That it shall be lawful for the company hereby incorporated, from time to time, to fix, regulate, and receive the toll and charges by them to be received for the transportation of persons or property on their railroad or way aforesaid, hereby authorized to be constructed, erected, built, or used, or upon any part thereof.

§ 12. That if any person or persons will or shall willfully do or cause to be done any act or acts whatsoever, whereby any building, construction, or works of said company, or any engine, machine, or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, the person or persons so offending shall be deemed guilty of a misdemeanor, and shall forfeit and pay to said company double the amount of damages sustained by reason of such offenses or injury, to be recovered in the name of said corporation, with costs of suit, by the appropriate action.

§ 13. That the directors of said company may require the payment of the sum or sums subscribed to the capital stock of said company, at such times and in such proportions and upon such conditions as they may deem fit; and in case any stockholder shall neglect or refuse to make payment, pursuant to the requisition of the board of directors, the stock of such stockholder may be sold by the directors of said corporation at public auction, after the lapse of ninety days from the time when the payment became due; and the surplus money, the avails of such sale, after deducting the payments due and interest thereupon, and the necessary expenses of sale, shall be paid over to such delinquent stockholder.

§14. That the property owned by said railroad company Property of shall at all times be subject to taxation, in the same manner and to the same extent as similar property owned by private individuals.

company liable to taxation.

money.

§ 15. That said Paducah and Russellville Railroad ComMay borrow pany is hereby authorized and empowered to borrow money on the credit of said corporation, to an amount not exceed ing one million of dollars, at any rate of interest not exceeding ten per cent per annum, which said board of directors, in their discretion, may agree in writing to pay; and the said railroad company may issue such evidences of such indebtedness as may be deemed proper, and secure the payment of the same by giving a lien upon the property and assets of the company by mortgage or otherwise; and the said bonds or evidences of debt the said company may sell at such places as to them may seem advisable, and at such rate of discount as they may choose.

§ 16. That said railroad company may receive donations May receive in land, or subscriptions to stock in land, in aid of the condonations of struction of said road and equipping the same; and said

land, &c.

railroad company may also purchase, hold, and enjoy any real estate that may be convenient and beneficial to their interests; and said railroad company may sell and dispose of any real estate they may own or acquire, and convey the same to the purchaser or purchasers.

1860.

§ 17. That if said railroad shall not be commenced within When act to l ten years from the passage of this act, and shall not be void. finished within twenty years, then this act shall be null and

void.

§ 18. That the Legislature reserves the power to amend or alter this charter.

Approved January 14, 1860.

CHAPTER 46.

AN ACT for the benefit of Jarvis Jackson.

WHEREAS, It is represented that in the year 1831 or '32, Jarvis Jackson entered into an agreement with James Terrill, John B. Dysart, and Richard Randall, on behalf of the Commonwealth of Kentucky, who were duly appointed and authorized by law to construct a bridge across Rockcastle river, where the Wilderness turnpike road crosses the same, to finish a bridge according to a plan adopted by them within twelve months from the date of the contract; which bridge was to be built upon stone pillars, two of which had been begun by said commissioners previous to said agreement, for which Jackson was to receive $3,000, and did receive $1,500 in par money and $1,000 in turnpike funds, worth about ninety cents to the dollar; said Jackson at great expense nearly finished the stone work, and had prepared all the timber and materials for the completion. of the bridge, but was prevented from finishing it by the prevalence of the cholera, until it was too late to have a scaffold in the river during the inclement season of the year; and the Legislature gave Jackson the further time of twelve months from the 5th day of February, 1834, to complete the bridge; during which time the stone work done by the commissioners upon which said Jackson built gave way, rendering it dangerous, if not impracticable, to erect a bridge upon them; and whereas, a judgment has been obtained against one of Jackson's securities by said commissioners, in the Garrard circuit court, in the year 1838 or 19, for the sum of $800, the estimated cost of finishing the bridge, (disregarding the unpaid $500 and the discount on the $1,000 paid Jackson,) which judgment has never been paid, or any part of it, except $150 to W. H. Wilson, attorney for said commissioners; and said matters are still in controversy. Now, therefore, to settle said controversy on principles of equity and justice,

1860.

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

§ 1. That the judge of the Garrard circuit court is hereby directed to appoint a commissioner to hear proof as to the condition of the pillars on which said bridge was to be built previous to the first day of February, 1835; and if he should be of opinion that they were insufficient to sustain the bridge at that time, and the same would have been dangerous and impracticable, he shall ascertain, as near as may be, what proportion of the whole work, according to his agreement, Jackson had performed; and if he has not received more than an equal proportion of the price agreed to be paid for the whole work, then the judgment named in the preamble hereof is to be null and void. If the amount paid him exceeds such equal proportion, then the excess is to be collected, and no more. Before acting, said commissioner is to take an oath faithfully to discharge the duties of his commission. He is to be paid $3 per day for his services by said Jackson, who is to pay all the costs incident to the commission.

§ 2. If Jackson has received more money than he was entitled to on the basis of settlement herein provided for, the commissioner will credit such excess with the costs of this commission and the $150 paid W. H. Wilson, and to the extent of the residue, if any; he will collect said excess, and cancel the residue of the judgment, and pay the same over to the Wilderness turnpike gate, in Rockcastle county, to be applied to the improvement of the road, according to the existing laws.

§3. All further proceedings at law to be suspended for six months from the February term, 1860, of the Garrard circuit court, to enable Jackson to adduce his testimony before said commissioner.

§ 4. This act to be in force from its passage.

Approved January 14, 1860.

of Bourbon may take stock.

CHAPTER 47.

AN ACT to amend the charter of the Paris and Townsend Turnpike Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the county court of Bourbon county, a majority County court of its justices being present, may subscribe for stock in the Paris and Townsend turnpike road company, which company has been incorporated by orders of the Bourbon county court, under the laws authorizing county courts to grant charters to turnpike road companies; but said subscriptions of stock shall not exceed at the rate of seven

hundred and fifty dollars per mile for each mile of road proposed to be made by said company, and for the making of which enough of bona fide subscriptions of stock by individual stockholders, who are able to pay the amount subscribed by them, have been made, which, when added to the county subscription, shall be sufficient to complete the same.

1860.

§ 2. Said county court, at its April term, 1860, may, a Maylevy tax to majority of its justices being present, or at any other term pay for stock. of said court, when there shall be such majority present, levy a tax upon all the taxable property of the citizens of said county, to pay said subscription of stock; said tax to be collected and accounted for by the sheriff of the county in the same manner and under the same liabilities that the revenue tax is to be collected and accounted for; but the same to be paid to the treasurer of said county on the 1st of January next after the making of such levy.

§3. That the stockholders in said company, who reside along the line of the road made by said company, shall, for each one hundred dollars of stock subscribed and paid by them, be exempt for one hand in working dirt roads outside the road precincts in which they reside, and as they are at this present time described by boundary.

Approved January 14, 1860.

CHAPTER 48.

AN ACT to empower the county court of Bourbon county to make subscriptions to the capital stock of turnpike roads in said county.

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

§ 1. That the county court of the county of Bourbon, a majority of the justices of the peace of said county being present and concurring, be, and hereby is, authorized and empowered to subscribe stock, for and on behalf of said county, to all turnpike companies which have been or shall hereafter be incorporated by said county court, or by the Legislature of the State: Provided, That said subscription shall not exceed seven hundred and fifty dollars for each mile of road within said county, and shall not be paid over. to the officers of the company except upon the completion of each mile, or upon the court being satisfied that means are in the hands of the company to insure its completion. § 2. Said county court, a majority of the justices of the peace of the county being present and concurring, shall have power to levy a tax upon all the property in said county subject to taxation for revenue purposes, sufficient for the purpose of paying said subscription of stock; said tax to be collected in the same manner and by the same

1860,

officers, under the same liabilities and penalties, that the revenue tax is now collected.

§ 3. This act shall take effect from and after its pas

sage.

Approved January 14, 1860.

CHAPTER 50.

AN ACT to amend an act to establish the Police Court of Winchester.

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

§ 1. That the police judge of Winchester shall have jurisdiction, within the limits of the magistrate's district in which the town of Winchester is situated, of all civil causes of which justices of the peace have jurisdiction; and he shall hold his courts for the trial of civil actions in Winchester on the first Saturdays in every month.

§ 2. That in case of a vacancy in the office of marshal of the police court of Winchester, occasioned by death, resignation, removal, or otherwise, it shall be filled by an election for the remainder of the term, upon due notice of the time and place of election.

§ 3. That when said police judge fails to attend any of his regular courts for the trial of civil actions, it shall be lawful for the nearest justice of the peace, or the chairman of the board of trustees of Winchester, to hold said court and render judgments for him, which shall be entered upon his record as though rendered by himself, and executions issue thereon accordingly.

4. That an appeal shall be had from the judgment of such police judge to the quarterly court of Clarke county, as now prescribed by law of appeals from the judgment of a justice of the peace.

§ 5. This act shall take effect from its passage.

Approved January 14, 1860.

>

CHAPTER 51.

AN ACT to amend an act establishing an additional voting place in Lawrence

county.

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

§ 1. That an act, entitled "An act establishing an additional voting place in Lawrence county," approved February 13, 1858, be, and the same is hereby, so amended as to make it lawful for, and to allow the voters of said voting district to elect two justices of the peace and a constable for the