vacancies thus created, in the same way and to the same extent that they could do at their stated annual meetings. 1830. Sec. 10. Be it further enacted, That every Presi- President and dent and Director of said company, before he acts directors to as such, shall swear, or affirm, as the case may be, that he will well and truly discharge the duties of his said office to the best of his skill and judgment. take an oath of office. Sec. 11. Be it further enacted, That if any of the If stock be not stock created by virtue of this act, shall remain un- all subscribed, subscribed until after the election of the President books may be re-opened. and Directors, as provided for in the sixth section. of this act, the said President and Directors, or a inajority of them, shall have power to open books and receive subscriptions to any of the capital stock of said company, which may remain unsubscribed for, or to sell, or to dispose of such unsubscribed stock, for the benefit of the company, for any sum not under its par value, and the purchasers or subscribers of such stock, shall have all the rights, powers and privileges of original subscribers, and shall be subject to the same regulations. directors may Sec. 12. Be it further enacted, That the said Presi- President and dent and Directors, or a majority of them, may ap- appoint officers point all such officers, engineers, agents, or servants and agents of whatsoever, as they may deem necessary for the the company. transaction of the business of the company, and may remove any of them at their pleasure; that they, or a majority of them, shall have power to determine, by contract, the compensation of all the engineers, officers, agents, servants, or others, in the employ of the said company, and to regulate, by their by-laws, the manner of adjusting and settling all accounts against the company; that they, or a majority of them, shall have power to erect buildings for the Erect buildsafe keeping of articles entrusted with them for ings, &c. transportation, and for work shops necessary for the business of the company; that they, or a majority of them, shall have power to direct the manner and Stock, how to by what evidence, stock in said company may be be transferred. transferred; and to pass all by-laws, which they By-laws &e. may deem necessary or proper, for exercising all the to be made. powers vested in the company hereby incorporated, and for carrying the object of this act. into effect. Provided only, that such by-laws shall not be contrary to the laws of the United States, or the laws of this state. 1830. may be increased. Sec. 13. Be it further enacted, That if the capital stock of said company shall be deemed insufficient Capital stock for the purposes of this act, it shall and may be lawful for the President and Directors of said company, or a majority of them, from time to time, to increase the said capital stock, by the addition of as many shares as they may deem necessary, not exceeding in amount one million of dollars, for which they may at their option, cause subscriptions to be received, giving notice in the manner herein before prescribed, or may sell the same for the benefit of the company, for any sum not under their par value. May make a rail road from Lexington to for that purpose. Sec. 14. Be it further enacted, That the President and Directors of said company shall be, and they are hereby invested with all the rights and powers the Ohio river. necessary for the construction and repair of a rail road from the town of Lexington to some one or more suitable points on the Ohio river, to be by them determined, not exceeding sixty-six feet wide, with as many set of tracks as the said President and Powers given Directors may deem necessary; and that they may cause to be made, a contract with others for making said rail road, or any part of it; and they, their agents, or those with whom they may contract, for masing any part of the same, or their agents, may enter upon and use, and excavate any land which may be wanted for the site of said road, or the erection of warehouses or other works necessary to said road, or for any other purpose necessary or useful in the construction or repair of said road or its works; and that they may build bridges, provided the same do not obstruct the navigation on navigable streams, may fix scales and weights, may lay rails, may take and use any earth, timber, gravel, stone or other materials which may be wanted for the construction or repair of said road, or any part of its works; and may make and construct all works whatsoever, which may be necessary and expedient in order to the proper completion of said road. May agree with owners of land, or have a jury to assess damages. Sec. 15. Be it further enacted, That the President and Directors of said company, or a majority of them, or any person or persons, authorized by a majority of them, may agree with the owner or owners of any land, earth, timber, gravel or stone, or other materials, or any improvements which may be wanted for the construction or repair of any of said roads, or any of their works, for the purchase 1830. or use and occupation of the same; and if they cannot agree, and if the owner or owners, or any of them be a feme covert, under age, non compos mentis, or out of the country in which the property wanted may lie, when such lands and materials may be wanted, application may be made to any justice of the peace of such county, who shall, thereupon issue his warrant, under hand and seal, directed to the sheriff of said county, requiring him to summon a jury of twenty inhabitants of said county, not related or in any wise interested, to meet on the land, or near to the other property or materials to be valued, on a day named in said warrant, not less than ten nor more than twenty days after the issuing of the same; and if at said time and place, any of said jurors summoned do not attend, the said sheriff shall immediately summon as many jurors as may be necessary, with the jurors in attendance, to furnish a pannel of twenty jurors in attendance, and from them, each party, or its, his or her or their agent, if either be not present in person or by agent, the sheriff for him, her, or it, may strike off four jurors and the remaining twelve shall act as the jury of inquest of damages; and before they act as such, the said sheriff shall administer to each of them an oath, or affirmation, as the case may be, that he will justly and impartially value the damages which the owner or owners shall sustain by the use or occupation of the same required by the company; and the jury, in estimating such damages, shall take into the estimate the benefits resulting to the said owner or owners from conducting said rail road through, along, or near the property of said owner or owners, but only in extinguishment of the claim for damages; and the said jury shall reduce their inqui- Inquest of the sition to writing, and shall sign and seal the same, jury to be reand it shall then be returned by said sheriff to the clerk of his county, and by such clerk filed in his Proceedings office, and shall be confirmed by said court at its thereon. next session, if no sufficient cause to the contrary be shown, and when confirmed, shall be recorded by said clerk, at the expense of said company; but if set aside, the said court may direct another inquisition to be taken, in the same manner above prescribed; and such inquisition shall describe the property taken, or the bounds of the land condeinned, and the quantity of duration of the interest in the turned to court 1830. Where other roads are crossed, they are not to be obstructed. To provide wagon roads across rail way where it divides the land of individuals. Liable for damages for not complying with last section. May take materials to make said road проп payment of their value. same valued for the company, and such valuation, Sec. 16. Be it further enacted, That whenever, in the construction of said road or roads, it shall be necessary to cross or intersect any established road, or way, it shall be the duty of the said President and Directors of said company, so to construct the said road across such established road or way, as not to impede the passage or transportation of persons or property along the same; or when it shall be necessary to pass through the land of any individual, it shall also be their duty to provide for such individual, proper wagon way across said road or roads, from one part of his land to the other. Sec. 17. Be it further enacted, That if the said company shall neglect to provide proper wagon ways across said road, as required by the sixteenth section of this act, it shall be lawful for any individual to sue said company, and be entitled to such damages as a jury may think him or her entitled to for such neglect or refusal on the part of the said company. Sec. 18. Le it further enacted, That whenever it shall be necessary for said company to have, use or occupy, any lands, materials or other property, in order to the construction or repair of any part of said road or roads, or their works, or necessary buildings, the President and Directors of said company, or their agents, or those contracting with them for making or repairing the same, may immediately take and use the same, they having first caused the property wanted, to be viewed by a jury, (formed in the same manner herein before prescribed in those cases, when the property is to be changed or altered by admixture with other substances, before such alteration is made,) and that it shall not be necessary, after such view, in order to the use or occupation of the same, to wait the issue of the proceed ings upon such view; and the inquest of the jury, after confirmation, and after payment or tender of the valuation, shall be a bar to all actions for taking or using such property, whether commenced before or after such confirmation, or the payment of said valuation. 1830.. May contract compames for use of a road, or bridge, &c. Sec. 19. Be it further enacted, That if it shall be necessary for the said Lexington and Ohio rail road with other company, in the selection of the route, or construction of the road by them to be laid out and constructed, or any part of it, to connect the same with, or to use any turnpike road, or bridge, made or erected by any company or persons, incorporated or authorized by any law of this State, it shall be lawful for the said President and Directors, and they are hereby authorized to contract and agree with any such other corporation or persons, for the right to use any such road or bridge, or for the transfer of any of the corporate or other rights or privileges of such corporation or persons, to the said company hereby incorporated; and every such other corporation and persons incorporated by, or acting under any law of this State, is hereby authorized to make such agreement, contract, or transfer, by and through the agency of the persons authorized by their respective acts of incorporation, to exercise their cor porate powers, or by such persons, as by any law of this State are intrusted with the direction and management of such turnpike road or bridge, or of any of the rights or privileges aforesaid; and every contract, agreement or transfer, made in pursuance of the power and authority hereby granted, when executed by the several parties under their respective corporate seals, or otherwise legally authenticated, shall vest in the company hereby incorporated, all such road, part of road, rights and privileges, and the rights to use and enjoy the same, as fully, to all intents and purposes, as they now are or might be used and exercised by the said corporations or persons in whom the same are now vested. Sec. 20. Be it further enacted, That the said Pre- May purchase sident and Directors shall have power to purchase, carriages, &c. with the funds of said company, and place on any rail road constructed by them under this act, all machines, wagons, vehicles, or carriages of any description whatsoever, which they may deem necessary or proper for the purposes of transportation on said |