.1860. Creditors of road may file petition in the Louisville ch'y court. said road to charter. § 5. That until such consolidation and union of the two companies, any creditor, whose debt shall be due and unpaid, of the Louisville and Sulphur Well turnpike road company, or of the Louisville and Shepherdsville plank road company, and if the two companies are united, then any creditor of the Louisville and Shepherdsville turnpike road company, whose debt shall be due and unpaid, shall have the right to file his petition in the Louisville chancery court against any one of said companies; and the court shall cause a report to be made ascertaining the debts of such company and to whom due; and the said court shall have the power, and it shall be its duty, to order a sale of the road, right of way, franchises, and all the estate, real and personal, that belong to or in any wise pertain to such company, upon credits of one, two, and three years; the proceeds of such sale shall be divided pro rata among the creditors of such company, and the surplus, if any, among the stockholders, according to the number of shares they may respectively own. § 6. The purchaser or purchasers at such sale so to be Purchasers of made by the order of said court, shall succeed to, enjoy, have benefit of own, and possess all the franchises, road, right of way, real and personal estate, and all the corporate privileges that belong to or in any wise pertain to the company against which such proceedings may be instituted, as fully and effectually, as though such purchasers had been the original corporators, and shall have the right of perpetual succession under the corporate name and style. Not necessary § 7. In the suit to be brought, it shall not be necessary to make the stockholders parties thereto; but notice of such to make stock suit shall be published in one of the daily newspapers published in the city of Louisville, for at least six days. holders parties to suit. § 8. Until such union and consolidation, either company may demand and receive tolls for travel, &c., on said road, according to the interest of such company in said road, and shall have this right without obstruction or hindrance from the other company. Approved February 15, 1860. CHAPTER 226. AN ACT to amend the charter of the Richmond and Tate's Creek Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of the 12th section of the act incorporating the Richmond and Tate's Creek Turnpike Road Company, approved February, 1860, as prescribes the width of grade and metaling of said road, shall be, and is hereby, so amended as to require a grade of not less than twenty-four, nor more than forty feet in width, the metaling not less than eighteen feet wide, and the elevation in grade not more than three and a half degrees. § 2. This act shall take effect from and after its passage. Approved February 15, 1860. 1860. CHAPTER 228. AN ACT for the benefit of George W. Gist. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That George W. Gist, late judge of Montgomery county, be allowed the further time of two years to issue and collect his fee bills: Provided, That he be subject to all the laws now in force for issuing and collecting illegal fee bills. § 2. This act shall take effect from its passage. Approved February 15, 1860. CHAPTER 229. AN ACT to amend an act to incorporate the Danville and Pleasant Hill Turnpike Road Company, approved February 11, 1854. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John J. Mock, James C. Banford, O. Garnett, Jacob Funk, C. Rodes, and J. W. Hugely, of Boyle county, Kentucky, and J. R. Bryant, A. H. Bowman, Benj. Campbell, James Thompson, Fred Nichols, Joseph H. Withers, W. J. Moberly, and Robert Davis, of Mercer county, Kentucky, be, and they are hereby, appointed commissioners to open books and receive subscriptions of stock in said company, in the room of those heretofore appointed by said act; said books to be opened, after due notice given by publication in the most convenient newspapers, on the 15th of January, 1860, or so soon thereafter as convenient, and to be kept open until twenty-five thousand dollars in stock, of shares of fifty dollars each, has been subscribed. § 2. That all the provisions of said act not affected by this amendment, be, and the same are hereby, continued in full force; and this act shall take effect from its passage. Approved February 15, 1860. 53 1860. CHAPTER 230. AN ACT to incorporate the "Branch of the Stanford and Houstonville Turnpike Road Company." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That persons who subscribe stock to construct a Route of road. turnpike road from a convenient point on the Stanford and Houstonville turnpike road, at or near the mouth of Briggs' Branch, running up said branch, nearly with the county road, to a point on said road opposite Ellis W. Brown's; thence through the farm of B. Vanarsdall, in the direction of Jas. P. Montgomery's, to McKinney's station, be a body politic and corporate, under the name and style of the "Branch of the Stanford and Houstonville Turnpike Road Company," and by that name shall sue and be sued, and shall have perpetual succession; and the capital stock shall not exceed ten thousand dollars. Name & style. Capital stock. books. § 2. The following persons shall be commissioners to Com'rs to open obtain stock in said turnpike road company: Burton McKinny, Thalus H. Wright, B. Varnarsdall, James P. Montgomery, and Ellis Brown, jr., any two of whom may act. They may, at any time they think proper, cause the books for the subscription of stock to be opened, after having given ten days' notice of the time and place of meeting, by posting up advertisements. The stockholders shall be authorized to organize and elect a board of officers whenever fifteen hundred dollars of stock is subscribed, and ten days' notice of such an election has been given. directors. § 3. That said road shall be under the control and manPresident and agement of a president and five directors, who shall, after the first election, hold their offices one year, and until their successors are elected and qualified. The first board of officers shall be elected at such time and place as the commissioners who act may direct. § 4. That said company may erect a gate, and charge half May erect gate. the amount of toll usually collected at a full gate, the said road being only about three miles in length. charter of Dan tonville road ble. § 5. The provisions contained from the fifth to the thirtyProvisions of third section of an act of the General Assembly of Kenville and Hous- tacky, approved the 4th of March, 1844, entitled "An act made applica- to incorporate the Danville and Houstonville turnpike road company," so far as they are applicable and not changed by this act, shall be the law governing the Branch of the Stanford and Houstonville turnpike company: Provided, That notices for calls on stock or meetings may be given by posting up notices. §6. This act shall have effect from its passage. CHAPTER 231. AN ACT to incorporate Madison county Agricultural Association. WHEREAS, It is represented that citizens of the county of Madison and adjoining counties are anxious to create an association for the purpose of improvements in agriculture, horticulture, and the mechanic arts, and desire an act of incorporation; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1860. Corporators' Name and style, and cor § 1. That Cassius M. Clay, James B. Walker, William Harris, Thomas H. Embry, Clifton R. Estill, Wm. L. Big- names. gerstaff, Wm. L. Neall, Peter T. Gentry, Richard Hockaday, Wm. K. Hocker, George W. Maupin, Durrett White, William M. Miller, Milo Baxter, John Larrimore, D. Waller Chenault, Coleman Covington, Thos. W. Miller, John Newby, Wm. M. Irvine, Wm. T. Fox, James M. Shackel ford, and Curran C. Smith, and such other persons as may choose to associate with them, be, and they are hereby, created a body politic and corporate, with perpetual succession, under the name and style of the "Madison County Agricultural and Mechanical Association," and by that name porate powers. may sue and be sued, plead and be impleaded, defend and be defended, in all courts of equity or law; and shall be capable of acquiring, by purchase or otherwise, any quantity of land in the county of Madison, in the vicinity of Richmond, not less than ten nor exceeding forty acres, and may improve, sell, and convey the same, or any part thereof, at pleasure; and may acquire, hold, and dispose of such personal estate as the president and directors of said association may deem necessary and proper. The said association may use a corporate seal, or may use the private seal of its president for the time being. to be called. § 2. The capital stock of said association shall be divided Capital stock. into shares of twenty-five dollars each, to be subscribed for and taken agreeably to such rules and regulations as the corporation may direct. Any five of the persons before named are authorized to open books for the subscription of stock in said croporation, at any time and place they may When meeting designate; and so soon as, in their judgment, sufficient of stockholders stock is subscribed for to meet the objects and purposes of said association, they may call a meeting of the subscribers, who are shareholders, at Richmond, after having given notice by publication in the Kentucky Messenger, or any other paper published in Richmond, at least ten days previously, of the time and place of such meeting; at which time the subscribers then present shall elect a president and ten directors of said association, and such other officers as they may deem necessary. President and elected. directors to be 1860. Term of office. affairs. § 3. The president and directors so chosen shall continue in office until the first Saturday in June then next ensuing, and until their successors are chosen and enter upon the duties of their office, at which time, and annually thereafter, an election of president and directors shall be had by the shareholders of said association, unless the members of said association shall, by resolution, fix upon a different day; and they may at their annual election increase or diminish the number of directors, as to them may seem best. § 4. The prudential, fiscal, and other concerns of said Who to manage association, together with all its estate of every kind, shall be under the management of the president and directors, who shall have power to appoint a secretary and treasurer, and such other officers as they deem necessary to carry out the purposes of the association; and may require of such officers, so elected, bond with good security, payable to themselves for the faithful discharge of their duties. The president and directors shall have power to make such regulations and by-laws, not inconsistent with the constitution and laws of this Commonwealth, as in their opinion may contribute to the good order and success of said association, and enforce the same; and from time to time may alter, repeal, or modify them as they may think proper; they shall have power to contract and be contracted with in their corporate name, and to do every act, not inconsistent with the constitution and laws of this Commonwealth, which in their opinion will promote the objects of the association. Quorum. § 5. A majority of the directors of the association, together with the president, shall be a quorum to transact business, unless the association shall require a different number. § 6. The said association, in its corporate capacity, with Association lia- all the estate belonging thereto, shall be liable for any ble for debts of debts contracted by it, or by its authority. corporation. No spirituous liquors to be sold upon the ground. § 7. That no spirituous liquors shall, directly or indirectly, during the continuance of any fair of said association, be sold upon the premises used for such fair; nor shall any such liquor, during any such time, be sold, either directly or indirectly, upon any lot or lane, road or street, adjoining or within half a mile of the same, under the penalty of twenty dollars for each and every such offense, to be recovered, together with costs, by warrant before the police judge of the town of Richmond, or before any justice of the peace of Madison county; and each separate act of Other county selling shall be a distinct offense. Any county, other than than Madison the county of Madison, which, by its citizens, shall subshares of stock scribe as much as twenty shares to the capital stock of this association, shall by its subscribers, at the annual election subscribing 20 may eleet director. |