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1860.

May pass by

President to be

Police judge

and marshal to and their pow

be elected, and

ers.

istration of right and justice in said town, within the jurisdiction of the police judge hereinafter provided for; and for the better government thereof, they may affix such penal- laws and ordities for a violation of such ordinances, not exceeding twenty-five dollars, as they may deem the good order and welfare of the town may require. And said trustees shall, at their first meeting after each election, elect one of their elected. number as president, who shall preside over the deliberations of said trustees, and keep a record of their proceedings, and sign all ordinances made by said board of trustees, § 4. That there shall be elected for said town a police judge and town marshal, on the first Monday in August, 1860; and the said marshal shall have the same qualifications as constables of this Commonwealth, and hold his of fice for the same time; and the police judge shall have the same qualifications and jurisdiction as justice of the peace, and hold his office for the same length of time that county judges do, and be elected at the same time; and all persons in said town who have a right to vote for members of the General Assembly of this State, shall be competent electors for trustees and said police judge and town marshal. Vacancies in either of said offices of police judge and town marshal shall be filled as is now required by law when vacancies occur in the offices of justice of the peace and constables. Said judge shall enter upon his duties after receiving from said trustees a certificate of his election: Provided, That, before he enters upon the duties of his office, take such oath as may be required by the constitution and laws of this Commonwealth of county judges; and said police judge shall have jurisdiction of all cases, criminal as well as penal, which justices of the peace now have or may have by the laws of this Commonwealth, where the offense was committed in said town. And he shall have exclusive jurisdiction of all offenses arising under the bylaws and ordinances of said town; may issue process and enter up judgments, and issue executions according; and for this purpose he shall keep a book in which all judgments and executions shall be regularly recorded. This court, for the trial of all cases other than under the ordinances of said town, shall be governed by the laws which govern justices' court in the district in which said town is situated; and he shall have in all respects the same powers and jurisdiction that justices have by the laws of this Commonwealth, and shall be entitled to the same fees for like services, and shall in the same manner be responsible for illegal fee-bills made out and collected; and may commit offenders to the jail in Flemingsburg for the same offenses that justices of the peace may. That upon all judgments rendered by said police judge, either party shall have the right to appeal in the same manner as parties

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1860.

give bond.

His duties and

power.

have from the judgments of justices of the peace in similar cases.

5. That the marshal, before he enters upon the duties Marshal to of his office, give bond, with good security, and the same penalty, as is now by law required to be given by constables; he shall serve all process and precepts to him directed by said police judge, or other competent authority, and make due return thereof; and collect and receive all executions and other demands which may be put in his hands to collect, and account and pay over the same to the persons entitled thereto, under the same rules and regulations required by law of constables in the collection of executions or other demands; and on failure to discharge any of the duties required of him, shall be subject to the same proceedings which may be had against constables and their securities in similar cases; said marshal shall be entitled to the same fees for similar services as constables, and be responsible for any and all malfeasance and misfeasance in office as are constables by law in this Commonwealth. Approved January 16, 1860.

corporated.

CHAPTER 68.

AN ACT to incorporate a Turnpike Road from the Versailles and Nicholasville
Turnpike Road to the Frankfort, Lexington, and Versailles Turnpike Road.

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

§ 1. That a company shall be, and is hereby, incorporated Company in- for the purpose of constructing a turnpike road from a point on the Versailles and Nicholasville turnpike road, near the residence of Captain John Garrett, in Woodford county, to a point on the turnpike road leading from Versailles to Lexington, between the lands of Dr. Alfred Hurst and Dr. R. H. Wason, whose capital stock shall be $10,000, to be divided into shares of $50 each; which capital stock may be increased by additional subscriptions, in manner and form as the president and directors of said company may prescribe, if such increase, in their judgment, shall be necessary to fulfill the intent of this act.

Capital stock.

Stock hereto to be binding.

fore subscribed

§ 2. That the stock already subscribed, and the amounts agreed to be paid for the purpose of constructing said road, and the right of way, and facilities for getting rock granted, shall be binding on the parties; and a subscription book for stock in said company shall be opened under the superintendence of Thomas D. Elmore, Robert Allen, John Garrett, John Allen, and Thomas J. Sellers, or some one or more of them, who are hereby appointed commissioners, at such time and place as a majority of them shall designate: Provided, That subscriptions of stock, or grants to

1860.

Obligation,

facilitate or carry out the purposes and objects of said company, may be received at any time and place; and subscribers of stock of said company shall enter into the following obligation in said book: "We, whose names are hereunto subscribed, do hereby bind ourselves to pay to the president and directors of the Clear Creek and Shannon's Run Turnpike Road Company the sum of fifty dollars, for each and every share of stock in said company 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." The commissioner, or commissioners, shall permit all persons of lawful age, and the scribe stock. county court of said county, which is hereby authorized to do so, to subscribe for any number of shares of the capital stock in said company they may think proper.

Who may sub

Stock hereto

fore subscrib'd;

§3. That the amounts already subscribed shall entitle the subscribers to one share of stock for every sum of fifty bow regulated. dollars contained in the amount subscribed, and the payments thereof shall be made under the same rules and regulations, and they shall be entitled to the same rights, privileges, and exemptions, as if they had severally signed the obligation prescribed in section two of this act.

§ 4. That when one hundred and fifty shares of the capital stock of said company shall have been subscribed, including the subscription already made, the commissioners aforesaid, or any one of them, shall call a meeting of the subscribers, to be held in Versailles, or at such other place as shall be fixed on by a majority of said commissioners, on some day to be fixed by them, for the purpose of electing a president and four directors, to serve until others are elected and qualified; of which meeting they shall give at least ten days' notice, by posting the same in the town of Versailles, and at some place near the southern terminus of said road; and that all future elections shall be holden on the third Saturday in May, in every successive year, at such place as the president and directors for the time being shall designate, after like notice.

When meeting to be called, &

officers elected.

Created body

5. That the company formed and organized as aforesaid, shall be, and they are hereby, created a body politic prate, and corand corporate, in deed and in law, forever, by the name porate powers. and style of the President and Directors of the Clear Creek and Shannon's Run Turnpike Road Company, and under the said style and name shall have perpetual succession, and all the privileges, immunities, and franchises of a body politic and corporate; and as such shall be capable of contracting and being contracted with, of purchasing and holding, to them and their successors and assigns, and of selling and conveying in fee-simple all such lands and tenements, and estate, real, personal, and mixed, as shall be necessary to them in the prosecution of their work, or the

1860.

road.

use and purposes of said company; and to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, before any and all judicial tribunals whatsoever; and also to make, have, and use a common seal, and the same to break, alter, or renew; and to do any and every act which a body politic and corporate may lawfully do.

§ 6. That the president and directors of said turnpike Location of road company shall be governed in the location and construction of said road, as also in all other respects, by the provisions of an act of the General Assembly of the Commonwealth of Kentucky, entitled "An act to amend and reduce into one the several acts to incorporate a company to turnpike a road from Frankfort to Lexington, by way of Versailles," approved February 14, 1835, which do not conflict with the provisions of this act; and they are hereby vested with all the power and authority, rights and privileges, tolls and emoluments, that are granted to the president and managers of the Frankfort and Lexington and Versailles turnpike road company by the above recited act; and they are also empowered with all the rights, privileges, and benefits of the act, entitled "An act for the benefit of the several turnpike road companies in this Commonwealth," approved February 9, 1837.

exempt

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§ 7. That each and every stockholder in said road, reStockholders siding in Woodford county and adjoining counties, shall working roads. be exempt from working, or furnishing hands to work, on any other road, to the extent of one hand for every one hundred dollars of stock which he or she owns, and which has been subscribed by the holder, or others, and actually paid to said company.

§ 8. That the entire width of said road shall be thirtyWidth of road. five feet, and the width of metal shall not be more than eighteen feet, nor less than sixteen feet, as shall be determined by the president and directors; and they may erect a gate at any point on said road, when completed, and may take the full toll of one gate.

§ 9. This act shall take effect from and after its passage. Approved January 17, 1860.

CHAPTER 69.

AN ACT to incorporate the Jacksonville Cemetery Company.

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

§ 1. That A. D. Cummins, David Allen, John W. Allen, Corporators' F. C. Smith, Samuel Allison, Silas Corbin, Edwin Clark, porate powers. John Allison, William Forman, and John P. Shropshire, and

names, and cor

their successors, be, and they are hereby, constituted and incorporated as a company, who shall have perpetual succession, and may sue and be sued, and enter into such contracts as lie within the scope and purposes of their organization, under the name and style of the Jacksonville = Cemetery Company.

1860.

acquired.

§ 2. That said company shall have a right to acquire by How land to be purchase and conveyance to them, a lot of ground near the town of Jacksonville, in Bourbon county, not to exceed ten acres, which ground shall be set apart and perpetually held sacred as a burying ground.

§ 3. That said Wesley Sparks, Silas Corbin, and Samuel Trustees. Allison, shall be the trustees of said company till their successors shall be chosen at the next general election.

§ 4. That an election shall be held in Jacksonville, on the Trustees to be first Friday in April of each year, at which three trustees elected. shall be chosen, who shall continue in office till their successors are elected, and shall be intrusted with the management and control of all the business affairs of said company. § 5. That said trustees shall lay off the ground acquired by them into lots of convenient size, and lay off suitable avenues, sub-dividing the same, and may sell and convey lots to purchasers, to be used by them only as places for the burial of the dead.

To lay off ground.

Purchaser of lot to be stock

§ 6. That each purchaser of a lot shall become thereby a stockholder and member of said company, and shall be holder. entitled to one vote at each election of officers.

§ 7. That the proceeds of all sales of lots shall be devoted perpetually to the improvement and embellishment of the grounds of said company.

§ 8. That no purchaser of a lot shall have a right to sell or convey the same, except by the written consent of the majority of the trustees.

How grounds to be improv❜d.

May make by

§ 9. That the company hereby incorporated shall have
authority at any regular meeting of the same, to make and laws.
publish a code of by-laws for the government of the same:
Provided, That said by-laws shall not be in conflict with
any provision of this bill, or with the constitution and
laws of the State.

§ 10. This act shall take effect from its passage.
Approved January 16, 1860.

CHAPTER 70.

AN ACT for the benefit of the Jailer of Adair county.

WHEREAS, It is represented to the General Assembly of the Commonwealth of Kentucky that there is now confined. in the jail of Adair county a runaway slave, and the owner

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