1860. King, Daniel Trabue, jr., Thomas Knight, and Sutton L. Hunter, as trustees: Whereas, by the death of Harold P. Sanfley, Thomas Knight, and Sutton L. Hunter, and the removal out of the State of Daniel Trabue and Lanesis Bowman, the objects of said act of incorporation have become inoperative, and the succession of said trustees destroyed: And whereas, it has been represented to this present General Assembly that Thomas S. Ellison has become the owner of a large majority of the shares in said Cumberland Female Academy, and that he is desirous of disposing of or dividing the same; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: That it shall and may be lawful for the said Thomas S. Ellison to file his petition in the Cumberland circuit court, making all persons interested in said academy, together with John M. Alexander and Milton King, trustees as aforesaid, parties to said suit, by service of process thereon, as required by law in other causes; and upon its being made manifest to said court that said Ellison is the owner of a majority of shares in said academy, and that a division thereof would be impracticable, or would materially lessen the value of said property, the court shall thereupon order a sale of said academy and lot, upon the same terms as sales are required to be made under execution by the laws now in force in this Commonwealth; and that the court shall decree a division of the proceeds arising from said sale equally between those interested. Approved January 20, 1860. CHAPTER 88. AN ACT to further amend and renew an act incorporating the Louisville Water- Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act to incorporate the Louisville WaterAllowed furth- Works Company, approved March 6th, 1854, be, and the er time to com- same is hereby, renewed and amended so as to allow said plete works. Term of office of directors. company such other and further time as said company may require to complete said works, and make all extensions that the future growth of the city of Louisville may from time to time render necessary. § 2. The term for which directors hereafter shall hold office shall be three years. Any citizen of Louisville, who is qualified to hold a seat in the general council, shall be eligible as director or president in said company, whether he be a stockholder or not. 1860. When annual election of di Vacancy-how § 3. The next annual election for directors shall be held the first Monday in October, 1860, when six directors shall be elected, two of whom shall hold office for one year, two for two years, and two for three years, the respective terms rectors held. to be determined by lot; and thereafter there shall be two directors elected annually. Any vacancy which may occur by death, resignation, removal, or otherwise, shall be filled filled. by the board; and the person thus appointed shall hold his place for the unexpired term of the one in whose stead he is elected. If at any time an election of directors shall not take place on the day appointed by this act, the corporation shall not for that cause be dissolved, but an election may be held on another day, in such manner as may be prescribed by the directors or provided for by the by-laws of the company. rules and regulations. § 4. Said company may establish rules and regulations May establish for and concerning the conduct of all such persons or corporations as shall use the water from said works, so far as respects the preservation and use, and restraining the waste thereof; and may thereby impose penalties and forfeitures for any violation of said rules and regulations, so that such penalties and forfeitures shall not in any case exceed twenty dollars; which penalties may be recovered with costs in the name of the company, before any justice of the peace in the county of Jefferson or city of Louisville. Said rules and regulations shall be published four weeks successively in three of the daily newspapers published in the city of Louisville; and a copy of said rules and regulations, certified by the president or secretary of said company, with an affidavit of the publication of the same made by one of the publishers of said papers, or by the foreman in their offices, shall be received as evidence in all courts and places. § 5. If any person shall willfully and maliciously defile, corrupt, or make impure any water used by said corporation, or destroy or injure any pipe, aqueduct, reservoir, fountain, building, or machinery belonging to said company, such person shall be liable in civil action to said company for treble the amount of damages caused thereby, to be recovered in the name of the company before any court having jurisdiction of the amount claimed; and the party so offending shall also be liable to a criminal proceeding, by way of indictment in the Jefferson circuit court, and subjected to fine of not exceeding one thousand dollars, or to imprisonment in the work-house of the city of Louisville for not exceeding one year. § 6. If any person shall in any wise injure any of the improvements, fencing, grounds, shrubbery, trees, grass, walks, or drives upon the lands of said company, such person shall be liable to said company in treble the amount of Penalty for injuryto works, damage caused thereby, to be recovered in the name of the company before any court having jurisdiction of the amount claimed. § 7. Said company is authorized to appoint one or more persons to supervise and take charge of the reservoir and engine-house grounds, who, by virtue of said appointment, shall be vested with all the powers of a policeman of the city of Louisville, to preserve order and arrest all trespassers and offenders against the provisions of this act, the original, and such rules and regulations as may be passed and established by said company. § 8. The general council of the city of Louisville are hereby vested with power and authority to pass such ordinances as to them shall seem meet and proper to afford any further additional protection to said works, either in or out of the corporate limits of the city of Louisville: Provided, Said ordinances are not inconsistent with the constitution or laws of this State. § 9. So much of the act, entitled "An act to charter the Louisville Water-Works Company," approved March 6th, 1854, and so much of an act, entitled "An act to amend an act incorporating the Louisville Water-Works Company," approved March 3d, 1856, as is inconsistent with the provisions of this act, is hereby repealed. § 10. This act shall take effect from its passage. Approved January 20, 1860. bonds. CHAPTER 89. AN ACT to amend the charter of the New Orleans and Ohio Railroad Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be lawful for the president and directMay issue ors of the New Orleans and Ohio railroad company, in addition to the amount of two hundred thousand dollars of bonds on said company heretofore issued, to issue any amount of bonds, not exceeding two hundred thousand dollars of principal, with coupons attached for the interest, payable at such time and place, or places, as the president and directors may deem advisable, to bear an annual interest of not exceeding seven per cent., payable semi-annually. &c.. responsible § 2. That said New Orleans and Ohio railroad, its right Right of way, of way, bed, depots, stations, rolling stock, fixtures, and for debt of franchises, with all its present and future to be acquired property, is held first liable to liquidate the mortgage debt of two hundred thousand dollars, and the interest on the same, which mortgage is now of record, and the sale of $200,000. said mortgage bonds, so far as made, is hereby legalized; and the president and directors shall have the right to sell or hypothecate the unsold bonds described in said mortgage, at such rates as they may deem advisable to pay the debts of said company, or to complete the unfinished part of said road. 1860. other mortgage § 3. That the president and directors may put another May put anmortgage on said road, its right of way, depots, stations, on said road. fixtures, franchises, rolling stock, and present or future to be acquired property, to secure the payment of the bonds and interest by this act authorized to be issued; and the president and directors may dispose of or hypothecate any amount of said bonds, at such rates as they may deem advisable, to pay the present indebtedness of said company, not embraced in said first mortgage, or for the purpose of finishing said road. §4. That the president and directors may, by proper orders on the records of said company, or by written instrument recorded in the clerk's office of the various counties through which said road runs, dedicate to the payment of the present or future floating debt of said company all the surplus and net earnings of said road, after paying the running, repairing, and other necessary expense, and interest on the mortgage and floating indebtedness of said company. § 5. That the president and directors may, by proper orders of record on the books of said company, or written instrument to be recorded in the clerk's office of the various counties through which said road passes, after the payment of the necessary expenses, interest on the mortgage and floating indebtedness of said company, and the discharge of the floating debt, as by this act provided, dedicate the surplus and net earnings of said road to the discharge of the mortgage indebtedness of said company, giving the first mortgage indebtedness the priority of lien on said net earnings, and priority of payment out of the same. § 6. That the president shall have the right to mortgage said road, with all its fixtures, franchise property, right of way, depots, stations, &c., and dedicate the net earnings of said road from the Ohio or Tennessee rivers at Paducah to the Kentucky and Tennessee State line. 7. That said president and directors may pledge or hypothecate said mortgage bonds as collateral security, for the indemnity of any debt which said company may owe or hereafter contract, at such rates as said president and directors may deem advisable. Approved January 20, 1860. May dedicate earn'gs to pay ment of debts. 1860. CHAPTER 90. AN ACT to amend the charter of the Louisville and Portland Railroad. Be it enacted by the General Assembly of the Commonwealth of Kentucky, as follows: § 1. No railroad, except that of the Louisville and Portland railroad company, shall be constructed north of Main and west of Twelfth street, in the city of Louisville. §2. The Louisville and Portland railroad company, with the consent of the general council of Louisville, may construct their road from Twelfth street, along Main, to Beargrass bridge; but the general council shall not permit any railroad to be constructed upon Main street east of Twelfth street, without the consent of a majority of persons owning land upon said street between Twelfth street and Beargrass bridge, and their lessees in possession at the time of the grant, whose leases will extend as much as six months from the date of the grant. § 3. If the general council should grant to any other company than the Louisville and Portland railroad company, as it is hereby authorized to do, the right to run a railroad along Main street, east of Twelfth street, said company shall be compelled to connect at Twelfth street with said Louisville and Portland railroad company, upon fair and equitable terms, which, unless agreed upon by the two companies, shall be determined by two arbitrators, one of whom shall be chosen by each of said companies, or by the chancellor of the Louisville chancery court, if either company refuses to name an arbitrator, or determined by an umpire, to be chosen by said arbitrators, if they cannot agree. 4. The general council, before granting to any company the right to construct a railroad upon Main street, east of Twelfth street, shall, by ordinance, fix the terms upon which, and the time and place when and where the grant will be made, and advertise the lettings at least ten days in all the daily papers published in the city of Louisville; and shall make said grant to the company, who, by public bidding, will agree to pay to the city the highest per centage upon its receipts, or who will agree to carry passengers at the lowest rates, as the general council may have elected, and who will comply with the other terms imposed by said ordinance. § 5. This act to take effect from and after its passage. |