1873. CHAPTER 469. AN ACT to incorporate the Twelve Mile and California Turnpike Road Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That a company shall be, and the same is hereby, incorporated, to construct a turnpike road from the Alexandria and Flagg Spring Turnpike Road, beginning at what is known as the California crossing of Twelve Mile creek, to the village of California, on the Ohio river, Name and style, under the name and style of the "Twelve Mile and California Turnpike Road Company;" and by that name and style to sue and be sued, contract and be contracted with, plead and be impleaded; and use and have a common seal, and alter or amend the same at pleasure. Capital stocks §2. The capital stock of said company shall be eight thousand dollars ($8,000), to be increased or diminished at the pleasure of the company, and to be divided into shares of twenty dollars ($20) each. §3. That John B. Otten, Peter McArthur, and J. М. Commissioners' Morgan are hereby appointed commissioners, whose duty names and duties it shall be to open books of subscription of stock at such places as said commissioners may designate; and as soon as four thousand dollars ($4,000) is subscribed, they shall give ten days' notice, at the most public places in the vicinity of the line of the road, of a meeting of the stockholders, for the purpose of electing a president and three directors for said company, a majority of whom shall be competent to do business, and to do all things authorized to be done by this act to be done by the president and directors of said company. The management of the fiscal and prudential affairs of said company shall be confided to said president and directors and their successors in office, to be chosen annually, at such time and places as the said president and directors, from time to time, may appoint, and who shall continue in office for one year, and until their successors are elected and qualified. § 4. That no person shall be eligible as president or diQualifications of rector who is not the owner, in his name, of one or more shares of stock in said road. directors. §5. That the president and directors shall have the Directors to ap- power of appointing a treasurer, gate-keeper, and other point officers and require bond, officers or agents deemed necessary to effect the purposes of this act, and to remove the same at pleasure. They shall have power to require of the treasurer, and all other officers or agents appointed by them, bond and security in such penalties as they may require, conditioned for the faithful performance of the duties incumbent on them as such. 1873. Obligations of § 6. That the commissioners herein appointed shall procure a book or books, and the subscribers to the stock of said company shall enter into the following obligation in subscribers. said book, viz: "We, whose names are hereunto subscribed, do promise to pay the president and directors of the Twelve Mile and California Turnpike Road Company the sum of twenty-five ($25) for each and every share of stock in said company set opposite our names, in such manner and proportion, and at such times, as shall be by them required, under the law incorporating said company, to be collected as other debts. Witness our hands, this - day of, 18-." Width of road and when gate § 7. That said road shall not be less than thirty feet wide, and the metal not less than twelve feet wide, and may be erected. shall be graded to an elevation not exceeding five degrees in any part thereof. That whenever the road is graded and bridged, the company may erect a toll-gate and charge tolls thereat, at a rate not exceeding one half that now authorized by law on roads made under the general turnpike laws of the State; and when the road is completed, the company may charge the full rate of toll now authorized by law. May acquire right of way by nation. § 8. That the president and directors of said road shall have the right and power to acquire the right of way for writ of condemsaid road, and of earth, stone, and timber for its construction, by voluntary concession and release or by private contract with the land-holders: Provided, however, If the right of way and the material cannot be had as herein indicated, it shall be obtained in the manner and mode prescribed by an act of the General Assembly of the Commonwealth of Kentucky, 22d of February, 1836, for _ condemning lands and materials for the construction of turnpike roads, bridges, &c., and which act of the Assembly is hereby adopted as part of this charter, and to be as effectual as if the same was here inserted at full length. § 9. When a stockholder shall have made full payment when certificates of his stock, it shall be the duty of the president, over his of stock to issue. signature, to issue certificates of stock to all persons entitled to the same, attested by the secretary of said company. § 10. This act shall take effect from its passage. Approved March 22, 1873. CHAPTER 470. AN ACT to amend the charter of the town of Catlettsburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the trustees of the town of Catlettsburg be, 1873. and they are, authorized and empowered to allow any railway company, or street railway company, to use and occupy any street or streets, alley or alleys, within the corporate limits of said town, for the purpose of laying a railway track, or street railway track, in or upon any such streets or alleys in said town, and to operate their trains thereon upon such terms as may be agreed upon between said trustees and any such railway or street car railway company. § 2. This act to take effect from its passage. Approved March 22, 1873. CHAPTER 471. AN ACT for the benefit of school district No. 4, in Nicholas county. WHEREAS, The school-house of common school district No. 4, in Nicholas county, was destroyed by fire, and a five months' school was thereby prevented from being taught in said district during the school year ending June 30th, 1873; therefore, Be it enacted by the General Assembly of the Commonwealth f Kentucky: §1. That the trustees of common school district No. four (4), in Nicholas county, be authorized to finish the remainder of two and one half (24) months' common school of said district, at any time during the school year commencing July 1st, 1873, and ending June 30th, 1874; and the commissioner of common schools of said county is authorized to forward the amount due said district to the Superintendent Public Instruction, and he shall certify the same, if approved by him, to the Auditor of Public Accounts, who shall draw his warrant for the amount thereof on the Treasurer in payment of the same. Said amount to be paid said district shall be out of the sum allowed said district for school year ending June 30th, 1873, remaining to the credit of said district. §2. This act shall take effect from its passage. Approved March 22, 1873. CHAPTER 472. AN ACT for the benefit of the jailer of Fayette county, Kentucky. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the jailer of Fayette county is hereby authorized and empowered to appoint one or more deputies. §2. That said deputies may be removed at the will of the jailer; but, when acting as such deputies, shall have all the powers of the jailer, and be liable to all the penalties of said jailer. § 3. This act shall take effect from its passage. Approved March 22, 1873. 1873. CHAPTER 473. AN ACT to incorporate the Hecla Coal and Mining Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Corporators' names. § 1. That J. D. Clardy, George O. Thompson, Stephen E. Trice, D. B. Owsley, W. C. Graves, and Hunter Wood, of Christian county, their associates, successors, and assigns, be, and are hereby, created a body-politic and corporate, by the name and style of the Hecla Coal and Name and style. Mining Company; and by that name and style shall have perpetual succession, and power to contract and be contracted with; to own property, both real and personal; and to sue and be sued, in all courts and places; and to have a common seal, alter and change the same at pleasure; and to engage in mining for coal, iron, and other minerals, preparing them for market, and for transporting and selling them within or without this State; and to have all other powers needful and necessary for the successful prosecution of their business, and for the exercise and execution of the powers herein granted and incident to similar corporations in this State. Corporate pow ers. § 2. That said corporation may organize said company by the election of a president and board of directors, not exceeding five in number, and such other officers as they may deem necessary, at such time and place as they may designate, by notice previously given; and when thus organized, the said company shall have power and authority to make such by-laws, rules and regulations, as they may deem necessary, from time to time, for the government and prosecution of the business of said corporation, not inconsistent with the Constitution and laws of the United States and of this State. Organization and of directors. powers of board §3. The capital stock of said company shall not exceed Capital stock. five hundred thousand dollars, to be divided into shares of one hundred dollars each; said company may issue bonds not exceeding one hundred thousand dollars, with not exceeding ten per cent. interest, with coupons attached, and may mortgage any part or all of its property, real and personal, to secure the payment of the same; said bonds shall be made payable in not exceeding twenty years from their date, at such point or place as may be May issue bonds by mortgage. and secure same 1873. designated in said mortgage, and the interest thereon shall be paid semi-annually. property and dispose of same. §4. The said company may buy, lease, or rent any mines, May acquire mining rights of way, and other property and rights necessary for their business, and may dispose of the same, or any portion of the same, by sale or otherwise. They may receive real estate, leasehold, mining rights, and rights of way, in payment of such part of subscriptions as they may deem desirable: Provided, That nothing herein contained shall be so construed as to confer upon said company any lottery privileges or authority to dispose of any property, real or personal, except by sale, mortgage, or hypothecation. May construct buildings, &c. May construct railroads from mines, and con § 5. Said company may erect and build, on any of their lands, such buildings, mills, engines, machinery and fixtures, as may be deemed convenient and proper for establishing and conducting the business of said company. § 6. Said company may construct railways, railroads, or tram-ways, and operate the same from its mines, shops, and other places of its business or operations, to any other demn right of railroad or navigable stream within twenty miles of its way. business; and if, for these purposes, it be necessary or convenient to pass over the lands of other persons or corporations, they may condemn, for said purposes, the same, in the same manner as is now provided by law under chapter 103 of the Revised Statutes. § 7. This act shall take effect from its passage. Approved March 22, 1873. CHAPTER 474. AN ACT for the benefit of Hugh Barclay, jr., of Logan county. WHEREAS, It is represented to this General Assembly that the coupon of interest, or dividend warrant for interest, due January 1, 1872, on bond of the State of Kentucky, No. 989, for one thousand dollars, dated 3d January, 1842, and due 3d January, 1872, was not attached thereto, or if so attached, has been lost or destroyed; that such bond and coupon were, at the time of said coupon being lost or destroyed, the property of Hugh Barclay, jr., of Logan county, Kentucky; now, for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That upon the execution of a bond by said Hugh Barclay, jr, with one or more residents and citizens of the State of Kentucky as sureties, to be approved by the Commissioners of the Sinking Fund, conditioned to save harmless and indemnify the State of Kentucky against |