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1854.

held for officers.

holding an election for president and directors of said com pany. Therefore,

§1. Be it enacted by the General Assembly of the Common Election to be wealth of Kentucky, That David R. Murray, Obediah New man, Minor E. Pate, Robert McGasock, Dr. Jesse Holmes, John S. Lightfoot, Davis Alton, Ezekiel Fisher, and Willis Hambleton, or any three or more of them, be and they are hereby authorized and empowered to hold an election at such time and place as any three or more of the aforesaid persons shall agree upon, for president and directors of said company: Provided, that notice of such election shall be given at least ten days prior thereto, by at least three written or printed advertisements put up in public places in the town of Cloverport and at said Breckinridge Tar and White Sulphur Springs.

Business, to whom confided.

Property may be disposed of,

and by whom.

§ 2. That the business, financial and prudential concerns. and management of the affairs of said company shall hereafter be vested in a president and four directors, and such other officers and agents as they may appoint, or as shall be provided for in the constitution and by-laws of said company. Said president and directors shall have power to appoint a treasurer who shall hold his office during their pleasure, and who shall give security for the faithful dis charge of all the duties of his office, and for the payment of all moneys which he may receive on account of said company, in such manner as the president and directors shall direct. Said president and directors may sell and convey, from time to time and at any time, any of the real and personal property or effects of said company as they may see proper, and may purchase such real and personal property as they may see proper for said company; and at all meetings of the president and directors, any three of them shall constitute a quorum for the transaction of busi ness; and in the absence of the president the directory present may appoint one of their number to act as presi dent pro tem.'

§ 3. At the election for president and directors under the provisions of the first section of this act, each and every person believed by those holding said election to be legally or equitably entitled to or interested in the ownership of said "Breckinridge Tar and White Sulphur Springs" property, shall be entitled to one vote (either in person or by proxy ;) and at all subsequent elections for president and directors, each stockholder shall be entitled to one vote for each and every share of stock held by him and standing to his or her name on the books of the company. The When officers election for president and directors shall take place annually, at such time and place as the president and directors shall direct, of which election notice shall be given in such way and manner as the by-laws of the company shall provide: Provided, that if from any cause whatever there shall be a failure to elect as before provided, the presiden

are to be elected.

and directors in office shall continue in office, and transact business until such election is had.

1854.

Capital stock

to be divided in

May connect with any insti

tution of learn.

ing.

§ 4. That it shall be the duty of the president and directors, as soon after their election under the provisions of the to shares. first section of this act as may be practicable, to divide the capital stock of the company into shares of ten dollars each, and to issue certificates of the same to the person or persons entitled thereto, and the shares of capital stock of said company shall thereafter be ten dollars each. The company may connect with the business of the same, any institution of learning, or for the promotion of education and science, and may erect or cause to be erected all buildings for the accommodation of persons having charge of the same, and for students, scholars, and other purposes as they may deem important to the well being thereof; and may conduct the same in such manner as their by-laws and regulations may provide. The directors, with the consent of a major part of the stock owners, may borrow money and secure the repayment by bonds, mortgages, or otherwise. The incorporation, by its name, may sue and be sued, and shall have perpetual succession; and so much of the "act incorporating the Breckinridge Tar and White Sulphur Springs Company," approved February 1, 1837, as is inconsistent herewith, or as is altered or supplied hereby, be and the same is hereby repealed, but nothing otherwise. This law shall take effect from and immediately after its final passage.

Approved February 28, 1854.

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CHAPTER 314.

AN ACT to amend the charter of the Covington and Taylor's Mill Road

Turnpike Company.

Present loca.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Covington and Taylor's Mill tion recognized. Road Turnpike, so far as it is now located by the president and directors of said company, commencing at the southern limits of the city of Covington, and running southwardly to the orchard of James Simmons, be and the same is hereby recognized and made the location of said road: Provided, that all persons south of Bank Lick creek and east of the Taylor's mill dirt road, who have subscribed stock and are not satisfied with the present location of said road, be and they are hereby released from the payment of the stock subscribed by them.

§ 2. That the president and directors of said company may extend and continue said road from James Simmons' to Thomas Stephens', by the ridge route, which they may deem most practicable, without reference to the points originally made in said charter.

Road may be extended.

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LAWS OF KENTUCKY.

§ 3. That said company may place a toll gate at any point on said road deemed most advisable, not to be nearer to the city of Covington than the first toll gate on the Bank Lick turnpike road: Provided, that all tolls on said road shall be in proportion to the distance traveled on the same as compared to the rates as now fixed by law. Approved February 28, 1854.

police judge.

CHAPTER 315.

AN ACT to enlarge the jurisdiction of the Police Judge and Marshal of the town of Campbellsville.

§ 1. Be it enacted by the General Assembly of the Common Jurisdiction of wealth of Kentucky, That the police judge and marshal of the town of Campbellsville, in Taylor county, shall have concurrent jurisdiction with justices of the peace and constables throughout the county of Taylor, and shall be gov erned in the same manner, and be subject to the like re sponsibilities and penalties, which now govern and control Powers of the said officers, respectively; and the marshal shall have

marshal.

County court to fix time of

holding police court.

act adopted.

power to execute all process which may issue from a justice of the peace, in the manner that constables now have; and in addition to the power now conferred on said police judge, he shall have the same power to take and certify depositions which justices of the peace now have.

2. That it shall be the duty of the judge of the county court of Taylor to fix the time for holding the court of said police judge for the trial of civil causes, in the months now required by law for holding justices' courts, and shall have the same entered of record in said court.

3. That the 3d and 4th sections of an act, entitled, an Part of former act to enlarge the jurisdiction of the police judge and mar shal of the town of Greensburg, passed the present ses sion, providing for filling vacancies in said offices, be and the same are hereby made applicable to the said town of Campbellsville.

Approved February 28, 1854.

CHAPTER 316.

AN ACT changing the time of holding the Larue Quarterly Courts. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, the judge of the Larue county court shall hold the quarterly terms of said court on the third Mondays of March, June, September, and December, instead of the first, as now fixed by law. Approved March 1, 1854.

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CHARPTER 317.

AN ACT for the benefit of Millington Easley.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Millington Easley, of the county of Logan, be and he is hereby authorized to vend and peddle dry goods, wares, and merchandize throughout the state, without paying license for same.

Approved March 1, 1854.

CHAPTER 318.

AN ACT authorizing the Laurel County Court to change Justices' Districts or voting places, in said county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, the Laurel county court shall have power and authority to change or alter any justices' or voting district in said county, upon the petition of a majority of all the qualified voters residing within the bounds of the proposed change: Provided, that no change shall be made within sixty days preceding any election.

Approved March 1, 1854.

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CHAPTER 319.

AN ACT for the benefit of T. Q. Carter, of Pulaski county, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Tunstall Q. Carter, late constable of Laurel county, shall have two years from and after the passage of this act to list his fee bills for collection with any constable of Laurel county, for services rendered by him as late constable of Laurel county.

Approved March 1, 1854.

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CHAPTER 320.

AN ACT for the benefit of the Newport Academy. WHEREAS, by an act of the general assembly, approved December 22, 1798, William Kennedy and others were constituted a body politic and corporate, by the name and style of the Trustees of the Newport Academy, said act authorizing said trustees, among other things, to locate six thousand acres of land south of Green river, in this state; and whereas, said trustees, by authority of said act, did locate lands south of said river, and the lands thus located were patented by the commonwealth to the said trustees in the year 1801; and whereas, the trustees of the

1854.

1854.

made by agent of seminary le galized.

LAWS OF KENTUCKY.

Newport Seminary or Academy, by an act of the general assembly, approved February 7, 1845, were authorized and empowered to sell and convey said land; and whereas, the president and trustees of the town of Newport, by an act, approved February 5, 1847, were vested with all the rights, powers, and privileges theretofore granted to the trustees of the Newport Seminary or Academy, and by an act, approved February 5, 1849, the town of Newport was incorporated into the city of Newport, and the name and style of the trustees of the town of Newport changed to the President and Common Council of the City of New port; and whereas, William R. McFerran was duly consti tuted and appointed attorney in fact for W. B. Ross and others, trustees of the Newport Academy, who were also at the time president and trustees of the town of Newport, with full power to sell and convey the lands belonging to the Newport Seminary; and whereas, said William R. McFerran, as attorney in fact for said trustees, did sell and convey a part of said lands to divers persons in the name and for the trustees of the Newport Seminary, and it ap pearing to the present general assembly that the Newport Seminary and Newport Academy are one and the same institution; and whereas, doubts have arisen as to the legality of said sales and conveyances of said lands, made by the said Wm. R. McFerran in the name and for the trustees of the Newport Seminary, when the same were intended to be for and in the name of the trustees of the Newport Acad emy; for remedy whereof, and for the purpose of legaliz ing and confirming said sales and conveyances, made with the intent aforesaid,

§ 1. Be it enacted by the General Assembly of the CommonFales and deeds wealth of Kentucky, That all sales and deeds of convey ance of lands, made by William McFerran, as attorney in fact of the trustees of the Newport Seminary, shall pass the title to said lands to the grantees and purchasers thereof, as effectually and completely as though said sales and deeds had been made by the authority and in the name and style of the trustees of the Newport Academy, in and to the lands sold and conveyed as above recited in this act, shall be and the same is hereby vested in the grantees of said lands, and their heirs or assigns forever, reserving however to the President and Council of the City of Newport, as trustees of the Newport Academy, a lien upon the lands thus sold and conveyed, for the purchase

money.

$2. That the President and Council of the City of Newport, in their capacity of trustees of the Newport Academy, shall have power to sell and convey all lands belonging to said academy.

Approved March 1,

1854

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