1860.

of the Elizabethtown Literary Society, of Hardin county; and by that title to have perpetual succession, with power to sue and be sued, plead and be impleaded, to contract and be contracted with, to acquire, hold, and convey property, both real, personal, and mixed, and to have and to use a common seal, which shall be recognized in courts of law or equity, or may act without it; and to perform all other acts which similar corporations may of right do.

§ 2. The Legislature reserving to itself the right to repeal or amend this act as it may see proper.

§ 3. This act to take effect from and after the date of its passage.

Approved February 8, 1860.

style.

CHAPTER 179.

AN ACT to incorporate the Winchester and Muddy Creek Turnpike Road
Company.

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

§1. That a company is hereby formed and created a Name and body politic and corporate, under the name and style of the Winchester and Muddy Creek Turnpike Road Company," for the purpose of constructing a macadamized, plank, or gravel turnpike road from Winchester, in Clarke county, to the county line in the direction of the mouth of Muddy creek, in Madison county.

Comm'rs to open books.

§ 2. That the capital stock of said company shall be Capital stock. twenty-five thousand dollars, divided into shares of fifty dollars each. Subscriptions towards constituting stock in said company, shall be opened in the town of Winchester, at any time after the passage of this act, under the direction of Henry G. Poston, James T. Locklan, A. L. Haggard, David T. Haggard, A. H. Hampton, P. B. Hodgekin, and Thomas Gaines; and at Pinchem, under the direction of James Rutlege, Clabron Lyle, Jessee Hampton, David T. Haggard, and James Hodgekin. The subscribers shall, in books of the commissioners, enter into the following obligation, to-wit: We, whose names are hereunto subscribed, propose and bind ourselves to pay to the president, directors and company, of the Winchester and Muddy creek turnpike road company, the sum of fifty dollars for each share of stock set opposite our names, in such proportions and manner, and at such times as shall be determined upon by said board, and agreeably to an act of Assembly incorporating said company. Witness our hands this day of

Obligation.

18-.

§3. So soon as eight thousand dollars is subscribed to the capital stock of said company, it shall be the duty of

1860.

When meeting

election of offi

the commissioners to give notice in any newspaper printed in Winchester, or in such other manner as they may think proper, for a meeting of the stockholders for the purpose of stockholders of electing a president and five directors and treasurer for to be called for said company; and each stockholder shall be entitled to cers. one vote for every share of stock owned by him; and shareholders may vote in person or by proxy in writing. The said president and directors shall hold their offices for one year from the day of their election, and until their successors shall be duly elected and qualified.

§ 4. To enable the president and directors to carry out the 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 "Winchester and Muddy Creek Turnpike Road Company," and under that name and style shall have perpetual succession, and all the privileges and franchises, and immunities of a body corporate and politic, and shall be capable of taking and holding the said capital stock and the 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 corporation, and do all and every other act and thing which a turnpike corporation may lawfully do.

Votes.

Term of office.

Created body

politic and corporate, and cor

porate powers.

Clarke county

stock.

§ 5. That the Clarke county court is hereby authorized and empowered to authorize its clerk to subscribe for as court may take 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; and it shall be the duty of said county court, upon making said subscription, to levy the amount thereof upon the property within said county 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 ser

1860.

vices four per cent. 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.

§ 6. The president and directors may fix the width of Width of road. their 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, which shall, at all times, be open to the inspection of each and all the shareholders; may erect toll-gates May erect for each five miles of road completed, and collect the same rates of toll as the Winchester and Boonesborough 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.

gates.

Right of way.

may be paid in work.

§ 7. That individual subscriptions to the stock of said Subscriptions company may be paid by subscribers in work and labor done upon said road, in such places, and times, and manner, and at such prices for said work and labor, as shall be agreed upon between such subscribers and the president and directors of said company.

§ 8. This act shall be in force from and after the passage thereof.

Approved February 8, 1860.

Bame.

CHAPTER 180.

AN ACT to incorporate the Book and Tract Society of the Louisville Conference of the Methodist Episcopal Church, South.

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

§ 1. That C. B. Parsons, J. H. Owen, T. Bottomly, N. Corporators' H. Lee, J. D. Onins, J. S. Lithgow, W. Kendrick, É. D. Hobbs, C. F. Harvey, and J. Harrison, their successors and associates, are created a body politic and corporate, by the name of "The Book and Tract Society of the Louisville style, and cor- Conference of the Methodist Episcopal Church, South," and by that name is capable to contract and be contracted with, sue and be sued, plead, answer, and defend, in all courts and elsewhere, as a natural person.

Name and

porate powers.

| Board of managers, de,

to be elected.

§ 2. That said society shall hold an annual meeting to elect a board of managers, of five ministers of the gospel and five lay members, all of whom shall be members of said church in good standing, and shall reside within the bounds of said conference, and shall hold their office for twelve months, and until the appointment or election of

d their successors. The ceasing to be a member of said church, or removal from the bounds of the said conference, shall be a vacation of the office of manager; and the board of managers may supply any vacancy in the board of managers which may occur from any cause, until the next annual election of said board. The time and place of the annual meeting of the society shall be regulated and fixed by its constitution or by-laws.

1860.

Business of

§3. That the business and operations of said company shall consist in establishing and perpetuating, in the city of said company. Louisville, a depository for books and tracts, stationery,

&c., for sale at wholesale and retail; and the capital stock Capital stock. of said company shall not exceed one hundred thousand dollars, which may be obtained by subscriptions or otherwise; and said company may lease or purchase, from time to time, suitable real estate within the city of Louisville, for the purposes and uses of their business, and its officers and agents.

laws.

§ 4. That said company may, from time to time, make May make byand establish a constitution for its government and control, and alter, amend, or change the same; and the board of managers may pass and adopt, from time to time, any and all necessary or needed by-laws for the good government and efficient management of the company's affairs and prudential concerns, not contrary to the laws and constitution of this State or of the United States or this act.

§ 5. That the constitution and by-laws heretofore passed and established by said company and board of managers shall be the constitution and by-laws of said society, until changed, amended, or modified as herein provided; and the present board of managers and officers of said company shall retain their offices until the next annual meeting of the society after the passage of this act; and the acts of said board of managers shall be valid.

§ 6. The General Assembly reserve the power to amend or repeal this charter at any time.

§7. This act shall go into effect from its passage.

Approved February 9, 1860.

CHAPTER 181.

AN ACT to revive and amend an act, entitled "An act to incorporate the Breckinridge Coal Oil Company," approved March 4th, 1856.

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

§ 1. That an act, entitled "An act to incorporate the Breckinridge Coal Oil Company," approved March 4th, 1956, be, and the same is hereby, revived and made operative as a charter franchise, creating a body corporate and

1860.

politic, with the same force and effect as it would be if the corporators therein named had organized under the provisions of the said act, and the requisitions thereof had been fully complied with; subject, however, to the amendments hereinafter in this act set forth.

§ 2. That the title of said act be, and the same is hereby, so amended as to be entitled, the Breckinridge coal and oil company.

§ 3. That the first section of the said act be, and the same is hereby, so amended as to constitute Grosvenor S. Adams, Abel Bennett, jr., and John S. Lightfoot, the corporators under the act, in place of the parties in said first section named; also, that immediately after the words, "otherwise disposing of said," and before the word "manufactures," in said first section, the word "coal" be, and the same is hereby, inserted; also, that the third section of the said act be, and the same is hereby, so amended that the term or words, “real, personal, and mixed property," shall be so construed as to include railroads within its meaning.

§ 4. That section four of the said act be, and the same is hereby, so amended as to give the corporators in this act named, the power of legally organizing the company by meeting at Cloverport, as in said section four designated, and proceeding as in said section specified, within one year from the date of the passage of this act; also, that section five of the said act be, and the same is hereby, amended by striking out the words "four thousand shares," and inserting in place thereof the words " ten thousand shares;" also, that section six of the said act be, and the same is hereby, amended by striking out the words "three months," and inserting in place thereof the words "six months.” § 5. This act shall take effect immediately after its passage.

Approved February 9, 1860.

CHAPTER 182.

AN ACT to amend an act to incorporate the Breckinridge Cannel Coal Company, approved February 9, 1854.

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

§ 1. That an act to incorporate the Breckinridge Cannel Coal Company, approved February 9th, 1854, be, and the same is hereby, so amended as to reduce the capital stock of the said company from four millions to one million of dollars, to be issued in ten thousand shares of one hundred dollars each.