CHAPTER 126. AN ACT to amend an act to amend the charter of the North Middletown and Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of the act, entitled "An act to amend the charter of the North Middletown and Mt. Sterling turnpike road company," approved February 2, 1858, as prohibits the erection of toll-gates on said road, within one mile of either terminus of said road, be repealed; and the board of directors of said company are hereby authorized and empowered to erect said gates on the most eligible sites. § 2. The term "mill," employed in the charter, shall be construed to mean grist mill alone. §3. This act to take effect from its passage. Approved February 3, 1860. 1860. CHAPTER 127. AN ACT to establish a State Road from Hopkinsville to Paducah. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That Joab Watson, Abr. Boyd, and L. D. Hus- Comm'rs to lay bands, be, and they are hereby, appointed commissioners, out road. they, or any two of them, to view and mark the best, nearest, and most practicable route for a State road from Paducah to Hopkinsville, beginning at the bridge on Island creek, at the upper boundary of the city of Paducah, and Route. running with the present Gray's Ferry road, crossing Clark's river, in McCracken county, at the new bridge now being erected across said river, and thence continuing on with the present Gray's Ferry road to the southwest corner of section number thirteen, in township six, and range two, east; and from that point running an east course so far as said commissioners may deem best; and thence the best and most practicable route to the town of Hopkinsville, in Christian county; and said commissioners, or any two of whom, shall proceed to view and mark the route for said road, and give notice thereof to those over whose lands the proposed road is to run: Provided, They reside thereon, or may be known to said viewers, and, if desired by said owners, that they estimate the damages he, she, or they will sustain by the establishment of said road; and it shall and may be lawful for them to report all of their proceedings in full to the county court of McCracken county, which court, in its discretion, is hereby authorized and empowered to adopt said report, and ratify To report to McCracken co'y court, 1860. make assessm't of damages. the same; and when done, said route, so reported and ratified by said court, shall be a State road, and thereafter not to be changed by the county court of any county. Said road to be thirty feet in width, and to be cleared smooth twenty feet in width. § 2. That if any proprietor of lands over which the road When court to may be established shall fail to require an assessment of damages by the commissioners, and shall apply to the county court of the county where the lands shall lie, any time within twelve months (and not after) from the adop tion of the commissioners' report by the McCracken county court, the court of any such county shall make an order for the assessment of damages by a jury, which shall be paid by such county, who shall be governed by the provisions of the Revised Statutes concerning roads, so far as the same may be applicable. County courts to lay off road into working districts. take oath. and compensation. §3. That upon the establishment of said road by the county court and commissioners in manner as aforesaid, it shall be the duty of the several county courts through whose counties said road shall pass, to lay off said road into convenient sections or precincts, within their respective counties, and appoint overseers and a sufficient number of hands to open and keep the road in repair as aforesaid. § 4. That to whatever extent said road may be established, on or with any other road or roads heretofore established by law or a county court, the establishment of the road under this act shall operate as a merger and discontinuance of such other road or roads; and the several county courts shall be governed accordingly. § 5. That said commissioners shall, before they proceed Commiss'rs to to the duties assigned them by the provisions of this act, take an oath before some justice of the peace to perform faithfully and impartially the duties assigned them under this act. And said commissioners, or such as shall act, shall each be entitled to two dollars per day while engaged in the duties aforesaid, to be paid by the county court of McCracken county. § 6. And this act to take effect from and after its passage. Approved February 3, 1860. CHAPTER 128. AN ACT to provide an additional voting place in District No. 2, in Campbel1 county, Kentucky. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That there is hereby established, in district No. 2, in the county of Campbell, an additional voting place, at Gohes Hill school-house, at which place all legal voters residing in said district, west of the Campbell turnpike road, shall be entitled to vote; and the county court of said county shall hereafter appoint officers to hold elections at said place of voting, under the same rules and regulations as are now prescribed by the general laws. Approved February 3, 1860. 1860. CHAPTER 129. AN ACT to incorporate the Winchester and Irvine Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a company is hereby formed for the purpose of making a macadamized, plank, or gravel turnpike road, in all or in part of either material, (and omitting either material where the ground may not require it,) from the town of Winchester, crossing between the mouth of Red river and the mouth of Lulbegrud creek, to Irvine, under the name and style of the Winchester and Irvine Turnpike Road Company. Company incorporated. § 2. That the capital stock of said company shall be sixty Capital stock. thousand dollars, which shall be placed under a board of managers to be appointed in the manner hereinafter directed. Comm'rs to open books. § 3. That books for the subscription of stock shall be opened at any time after the passage of this act at the town of Winchester, under the direction of H. G. Poston, James H. G. Bush, James Flannagan, A. L. Hagard, B. N. Wenn, A. H. Buckner, W. H. Wenn, Dr. Chase, and Charles Williams; at Irvine, under the direction of Robert Huty, Wm. J. Clark, Albert N. Curtis, Daniel B. Schod, Sydney M. Barnes, Harrison Moore, M. G. Pigg, N. B. Stivers. The commissioners at such places shall procure one or more books, and in each of them enter as follows, Obligation. viz: "We, whose names are hereunto subscribed, promise to pay the board of managers of the Winchester and Irvine turnpike road company the sum of one hundred dollars for every share of stock set opposite our names, in such manner and proportions, and at such times as shall be determined on by said board, and agreeably to an act of 1860. scribe stock. assembly incorporating said company. Witness our hands this day of, 18". The books of subscription shall remain open until the whole capital stock shall be taken; Who may sub- and persons or corporations may subscribe at any time or place, in the presence of any one of the commissioners; and the trustees of the town of Winchester and Irvine, by their treasurer or clerks, may subscribe for any number of shares either may deem proper, and levy the amount thereof upon the property within their limits or jurisdiction, subject to town tax. When meeting officers elected. to be called, & § 4. When eighty shares of said stock shall have been taken, the said commissioners shall give ten days' notice in the Winchester Chronicle, or other paper printed in Winchester, that the number of shares required for organization has been subscribed, and that a meeting of stockholders will be held at such place as said commissioners may designate in said notice for the purpose of organizing a board of managers for the construction of said road, by the acceptance of this charter and the election of five managers, one of whom shall be president of the board, to be designated as such by the stockholders at the time of the election of 'said board; and also, by the election of a treasurer, at which election at least three of said commissioners shall be present, who shall take the vote by ballot of all the stockholders who shall have the right to vote in person or by proxy, in writing, each stockholder having one vote for every share of stock he holds. The said board of manaTerm of office. gers shall hold their offices for one year from the day of their election, and until others shall be duly elected and qualified. politic and corporate. § 5. To enable the board of managers to carry out the Created body objects of this charter, when organized as above provided for, it shall be, and is hereby, declared a body politic and corporate, in deed and in law, by the name and style of "The Board of Managers of the Winchester and Irvine Turnpike Road Company," and under that name and style shall have perpetual succession, and all the privileges, immunities, and franchises of a body corporate and politic,| and shall be capable of taking and holding the said capital stock and increase and profits thereof, and of enlarging the same from time to time by new subscriptions, in such manner and form as they shall think proper to carry out the intent of this act; and of purchasing and holding, to them and their successors in office and assigns, and also of selling, transferring, and conveying, in fee-simple, all such lands, tenements, hereditaments, and estate, real and personal, as shall be necessary to the prosecution of their work; of suing and being sued, of pleading and being impleaded, of defending and being defended, in all courts of law and equity, and in all places whatever; also, to have. and use a common seal, and the same to alter and renew at pleasure; and to make all such by-laws, not inconsistent with the constitution and laws of this State and of the United States, as may be necessary for the government of the affairs of said board, and do all and every other act and thing which a turnpike corporation may lawfully do. § 6. That the Clarke and Estill county courts are hereby authorized and empowered (each for itself) to authorize their clerk to subscribe for as many shares of stock in said company as private individuals, partnerships, and corporations may subscribe, which subscription, when made, shall be binding on said county or counties. And it shall be the duty of said county courts, upon making said subscription or subscriptions, to levy the amount thereof upon the property within their respective counties, subject to the payment of State revenue; and the sheriff shall collect and pay over the same to the treasurer of said county within the same time, and under the same liabilities and penalties prescribed for the collection and payment of the State revenue tax, and shall have the same power to enforce the collection thereof; and shall receive, as compensation for his services, four per cént. upon the amount collected and paid over; and the county court may distribute the sum subscribed in the assessment of taxes to pay it through two or more years. 1860. Clarke & Estill county courts may take stock. May erect gates § 7. The board of managers may fix the width of their width of road. road, not less than thirty feet in the whole, and the part covered with stone, gravel, or plank, not less than sixteen feet; and they shall keep a record of their proceedings, To keep record which shall at all times be open to the inspection of each of proceedings. and all the shareholders; may erect toll-gates for each five miles of road completed, and collect the same rates of toll as the Winchester and Lexington Turnpike Road Company may lawfully do; and in acquiring the right of way, stone quarries, land for toll-gates, and in every other respect, shall have and possess all the rights, privileges, powers and immunities of any other turnpike road company within this State. § 8. This act shall take effect from and after its passage. Approved February 3, 1860. CHAPTER 130. AN ACT to establish a State Road from Paducah to Murray. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Comm'rs ap 1. That Geo. H. Morrow, S. M. Purcell, and L. D. Husbands, be, and they are hereby, appointed commis- pointed to lay sioners, they or any two of whom, to view and mark the out road. |