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CHAPTER 321.

AN ACT to incorporate the Pompelly's Mills and Clarke's Creek Turnpike
Road Company.

1854.

Company form.

ed.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company is hereby incorporated to construct a turnpike road, on the McAdams plan, from the bridge across the North fork of Licking river, in Mason county, at Pompelly's mills, up the North fork to or near the mouth of Clarke's creek, in said county, thence the most direct and proper route to intersect the Washington Cand Clarke's run turnpike road, at or near the shop of William Howell, by the name and style of the Pompelly's Corporate name Mills and Clarke's Creek Turnpike Road Company; which, by that name and style, may sue and be sued, contract and be contracted with, plead and be impleaded in all the courts of this commonwealth, and have and use a common seal, and alter or amend the same at pleasure.

and powers.

§2. The capital stock of said company shall be eight Capital stock. thousand dollars, to be divided into shares of fifty dollars each, and each share shall entitle the holder to one vote in all the meetings of the stockholders.

Names of com

Election of directors.

§3. That Edward L. Gault, John Kennard, Benjamin E. Pompelly, James Adamson, John Henry Curtis, and John missioners. Heck are hereby appointed commissioners, whose duty it shall be to open books for the subscription of stock, at such times and places as they or any four of them may deem expedient; and as soon as two thousand dollars of Their duties. stock is subscribed by individuals, companies, and corporations, the said commissioners, or any four of them, shall give ten days proper notice of the time and place of the meeting of the stockholders for the purpose of electing a president and six directors for said company, a majority of whom, and their successors in office, shall be competent to do all acts necessary to the operation of this act, under the authority hereby given to said president and directors. The management of the fiscal and prudential concerns of the company shall belong to the president and directors, and their successors, who shall be chosen annually, at such time and place as the president and directors may appoint, and shall continue in office until their successors shall be appointed.

When one-half toll gates may

4. Whenever two and a half miles continuously of said road are completed, the president and directors may be put up. erect a toll gate thereon, at which they may collect half the toll to which they are entitled, according to the next section of this act, when the road shall be completed.

5. When said road is completed, the company may erect a toll gate thereon, and collect toll at the same rate at which toll is now collected on turnpike roads according to 103d chapter of Revised Statutes.

Toll gates to be erected.

§ 6. Said company shall have all the powers and privi- General powers leges, and be governed by all the rules and regulations,

1854.

with regard to similar companies, as prescribed in the 1038 chapter of the Revised Statutes, so far as the same are not inconsistent with this act.

§ 7. The said road shall not be less than twenty-five Description of feet wide, nor the macadamized part thereof less than sixteen feet wide; and it shall be graded at an elevation not exceeding four degrees in any part thereof.

road.

§ 8. This act shall take effect immediately after its passage.

Approved March 1, 1854.

and powers.

CHAPTER 332.

AN ACT to incorporate the Bryantsville Methodist Episcopal Church. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Isaac M. Myers, David C. Als paugh, and Whitaker H. Campbell, and their successors in office, be and they are hereby created a body politic also Corporate name corpororate, by the name and style of the Trustees of the Bryantsville Methodist Episcopal Church; and by that name to have perpetual succession, for the purpose of contracting and being contracted with, of suing and being sued, so far as may be necessary to protect and preserve the rights, titles, privileges, and immunities of said church which now do or may hereafter belong to the same; also to buy any lot or lots, and receive conveyances therefor, or for any other real estate which may have been heretofore purchased by the trustees of said church, or by other persons for the use of the same, or which may be hereafter given or devised to them for the use of said church, all of which property shall pass to them and their successors in office forever, pursuant to the desire or express limitation of the donor or grantor.

§ 2. Said trustees shall continue in office until they reVacancies, how sign or refuse to act; and when vacancies shall occur, the same shall be filled pursuant to said church discipline, and the rules and regulations of said trustees.

filled.

keep a record,

§ 3. A majority of said trustees shall constitute a quorum They shall to do business; they shall keep a record of their proceed. ings, and appoint all such officers as may be necessary, in pursuance of their discipline, and pass all such by-laws relative to the government and control of said building and church as they may think proper, not inconsistent with the constitution of the United States and the constitution and laws of this state.

Approved March 1, 1854.

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Police court established.

AN ACT to create a Police Judge in the town of Independence. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there is hereby established in the town of Independence, in Kenton county, a police court; and a police judge for said court shall be elected by the qualified voters of said town, and shall, when elected, take elected. an oath before some justice of the peace of said county, faithfully, impartially, and to the best of his ability to discharge the duties of his office.

Police judge

His jurisdic. tion and pow.

§2. Said police judge shall have jurisdiction within said town and within one half mile beyond the limits thereof, ro of all civil causes to the same extent that justices of the peace now have, or may hereafter have; and shall also have the same jurisdiction of crimes and misdemeanors committed in Kenton county as two justices of the peace now have, and full jurisdiction within said town of all offenses against the ordinances and by-laws of said town, and power to enter judgments and issue executions for all fines and penalties for such offenses.

To keep an oi. ficial record.

§ 3. It shall be the duty of said police judge to keep a record of his proceedings, copies of which shall be evidence to the same extent and for the same purpose that His powers. copies of the records of justices of the peace now are.

He

7 shall have power to issue subpoenas for witnesses, and
other process to compel their attendance before him, and
to punish all contempts against his authority by fines not
exceeding five dollars in each case.
He shall have power
to order the marshal to summon a jury in cases cognizable
before him, where a jury is required by law, He shall
have power to take and certify depositions as justices of
the peace now have, which shall have the same effect as
if taken before a justice of the peace, and shall be entitled His feén.
to the same fees and compensation, in cases that may
come before him, that justices of the peace are now enti-
tled to. He shall have jurisdiction of all cases of motions
and suits against the marshal of said town, for each and
every failure of said marshal to perform his duty.

§4. Appeals from all judgments rendered by said
lice judge in civil cases shall be allowed to any party, un-
der the same rules and regulations, and to the same tribu-
nals, as appeals are now allowed from judgments of jus-
tices of the peace.

Appeals al. lowed.

5. Said police judge shall be elected by the qualified How elected. Voters of the town of Independence, at the same time and in the same manner as the presiding judge of the county court for Kenton county, be qualified in the same way, and hold his office for the same term.

To whom pro

cess to be direct

§ 6. Said police judge shall direct all warrants, executions, and process to the marshal of the town of Independ- ca ence, who shall promptly make due execution, service, and return thereof to said court.

Approved March 1, 1854,

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AN ACT to amend the charter of East Maysville.

§ 1. Be it enacted by the General Assembly of the CommonResidents on- wealth of Kentucky, That hereafter no person shall be eligible to or take or hold any office in the town of East Maysville, unless he be citizen and resident of said town,

ly to hold office.

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in

Vacancy office of police shal, how filled.

judge and mar

the town.

§2. That hereafter when, from any cause, there is a vacancy in the office of police judge or marshal of said town, the trustees shall have power to fill such vacancy until the next regular election for such officer; and any former law, not in accordance with this section, is hereby repealed to the extent that it does not accord herewith.

§3. That the boundaries of East Maysville are hereby Boundaries of changed so as to embrace the following territory or ground, to-wit beginning at low water mark on the Ohio river, at the present mouth of Limestone creek; thence with the bed of said creek to the northern side of the Maysville and Lexington railroad; thence with the line of said railroad to the upper side of the road leading from Lexington street, in East Maysville, to the Maysville and Flemingsburg turnpike; thence with the upper side of said road to Fourth street in said town; thence eastward with Fourth street, along the present boundary of said town, and then with the present boundary 'on the east to low water mark on the river; thence with said river, at low water mark, to the mouth of said Limestone creek; and all the the powers, laws, privileges, rights, and enactments herein granted and in existence at the time of this amendment, in East Maysville, shall hereafter apply and be in force within the limits above described.

§ 4. This act shall take effect from its passage.

Approved March 1, 1854.

Corporate name and powers.

CHAPTER 325.

AN ACT to incorporate Wolford Lodge, No. 68, I. O. Q. F. of the town of
Independence.

§ 1. Be it enacted by the General Assembly of the Common wealth of Kentucky, That Henson Wayman, John W. Wat son, and Edwin F. Spilman, and their successors in office, are hereby created a body politic and corporate, by the name and style of the Trustees of Wolford Lodge, No. 68, and by and in that name are hereby vested with full pow er and authority to acquire, hold, use, and enjoy real and personal estate to the amount of five thousand dollars, and to sell and convey and otherwise dispose of the same, under such by-laws, rules, and regulations as by said lodge may be provided or adopted: Provided, that such by-laws, rules, and regulations be not repugnant to the constitution and laws of this state or of the United States. Said cor porate body, by the name aforesaid, shall be competent to

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contract and be contracted with, sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts and places whatever, and have and use a common seal, and change or alter the same at pleasure: Provided, that the powers hereby granted shall not be used for any other purpose not herein expressly granted.

§2. The right of the general assembly to alter or amend this charter is hereby reserved.

Approved March 1, 1854.

1854.

CHAPTER 326.

AN ACT to change the time of holding the Quarterly Court for Estill county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the spring term of the quarterly court for Estill county shall hereafter be held on the fourth Monday in March, instead of the first Monday in April, as now required by law. This act shall be in force from and after the passage thereof.

Approved March 1, 1854.

CHAPTER 327.

AN ACT for the benefit of William C. Dyson.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William C. Dyson be and he is hereby authorized to vend and peddle dry goods, wares, and merchandise throughout the state without paying for a license to do so.

Approved March 1, 1854.

CHAPTER 328.

AN ACT for the benefit of the Covington Locomotive and Manufacturing
Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Covington Locomotive and Manufacturing Company, by a vote of the directors of said company, may increase the capital stock thereof to any amount not exceeding seven hundred and fifty thousand dollars. Approved March 1, 1854.

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