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CHAPTER 123.

AN ACT to amend an act incorporating the Walnut Street Christian Church, of Louisville, approved February 19th, 1848.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the act, entitled "An act to incorporate the Walnut Street Christian Church, of Louisville, Kentucky," approved February 19th, 1848, be, and the same is hereby, so amended, that wherever in the first or other sections of said act the words "Walnut Street Christian Church, of Louisville, Kentucky," appear, the same shall be, and are hereby, changed to "First Christian Church, of Louisville, Kentucky;" and all the property now owned and held by said corporation as the "Walnut Street Christian Church, of Louisville, Kentucky," is hereby vested in and shall be held and owned by said corporation as and in the name of the "First Christian Church, of Louisville, Kentucky."

§ 2. Said corporation may receive by gift, buy, hold, and own real estate for church purposes, and sell and convey the property now owned or hereafter acquired absolutely, or it may mortgage the same, and issue bonds thereon secured by mortgage, with interest coupons attached, or execute such other evidences of such loan or loans, in such form as may be deemed advisable.

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

Approved February 8, 1876.

1876.

CHAPTER 124.

AN ACT for the benefit of W. B. Withers, sheriff of Lincoln couuty. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Eight per cent.

allowed

§ 1. That the Auditor of Public Accounts be, and he is hereby, authorized, in making his settlement with W. B. lection. Withers, sheriff of Lincoln county, for the collection of the revenue for 1874, to allow said sheriff eight per cent. on the amount of revenue collected by him for 1874.

§ 2. That this act take effect and be in foree from its passage.

Approved February 8, 1876.

on col

1876.

CHAPTER 125.

AN ACT for the benefit of the Louisville Daily Globe and Louisville
Daily Commercial.

Be it ended by the General Assembly of the Commonwealth of Kentucky:

§ 1. That publications, notices, and advertisements which are or may be authorized or required to be published, inserted, or advertised in any newspaper or newspapers published in the city of Louisville, or in the county of Jefferson, in this State, by or under any general or special law or statute of the Commonwealth, or by or under the charter or any ordinance of the city of Louisville, are hereby authorized to be published, inserted, or advertised in the Louisville Daily Globe and Louisville Daily Commercial; and all legal advertisements are hereby authorized to be published in said newspaper, with the same effect in all respects as if pub. lished in any other newspaper published in said city or county.

§ 2. This act to take effect from its passage.

Approved February 8, 1876.

Corporators.

Capital stock.

CHAPTER 126.

AN ACT to incorporate the "Paducah Water Company."

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That R. S. Ratcliff, Jo. W. Thompson, Geo. Oelschlaeger, Jno. Sinnott, Jno. A. Miller, J. W. Sauner, and L. M. Flournoy, their associates and successors, are hereby made a corporation or body-politic, by the name of "The Paducah Water Company," with power and authority to construct and establish in or near the city of Paducah, Kentucky, waterworks for the purpose of supplying said city and its inhabitants with water.

§ 2. The capital stock of said company shall consist of not more than five thousand shares of one hundred dollars each. §3. The affairs of said corporation shall be managed by Officers-how six directors and a president, all of whom shall be stockholders, and a majority of them shall be citizens of Kentucky; they shall be chosen annually by the stockholders at

and when elected.

such time and place as may be designated by a by-law of the company; the board of directors shall fill vacancies in their board, and appoint a president, who shall be a stockholder; they may appoint such other officers and agents as may be necessary to conduct the business of the company. The directors shall hold their offices until their successors are elected and qualified; a majority of them shall be a quorum for the transaction of business. At all elections the stockholders may vote in person or by proxy authorized in writing, and each share of one hundred dollars shall entitle the holder thereof to one vote.

§ 4. The said company may purchase, take, and hold in feesimple, or for any less estate, any lands necessary for the object of its incorporation or for the convenient management of the affairs of the company. The corporation may acquire the right to lay pipes and aqueducts through any through which it may be necessary to lay the same, and to make needed repairs on the same. The company may erect such buildings, engines, machinery, and reservoirs as may be required for its use and purpose. If the owners or proprietors of any lands which the company may need for the purposes aforesaid, or the right of way through which the company may require for laying its pipes and aqueducts, do not agree with the company the price to be paid therefor, the company may acquire such land or right of way by a writ of ad quod damnum in the same way and manner that turnpike road companies are authorized to do by the General Statutes.

1876.

Vacancy in board-how fille 1

Term of office of directors.

May hold real

estate.

Right to lay pipes, &c.

May elect buildings, &c.

May acquire right of way.

Water supply -how obtained.

5. The company is hereby authorized to take water from the Ohio and Tennessee rivers, or any other stream, and lay its pipes and aqueducts under or over any railroad, canal, highway, street or wharf; but the same shall be done in such way Proviso. and manner as not to obstruct or impede the passage thereon. In laying its pipes or aqueducts across or through any highway or street, and in repairing such pipes or aqueducts from time to time, the company shall not unnecessarily obstruct such highway or street; and in case of the removal of any earth or pavement in any such highway or street, the company shall cause the earth to be replaced and the pavement to be made new, so that such highway or street shall be in as good condition as it was before such removal.

1876.

nishing water.d

§ 6. The company shall furnish water to the city of PaduTerms of fur- cah for the extinguishment of fires and cleansing of the streets, upon such terms as may be agreed on between it and the mayor and council of said city. It may furnish water to the inhabitants of said city by means of pipes or aqueducts, or otherwise, if the said city, by its mayor and common council, agree thereto, and for such time and on such terms as may be agreed on by the company and the city. In the laying and construction of pipes and aqueducts in the city of Paducah, the same shall be so laid and constructed that an abundant supply of water can be drawn therefrom for the extinguishment of fires; and unless so laid and constructed, the city of Paducah may forbid and prohibit the laying and construction of such pipes and aqueducts.

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Rules & regula tions published.

§ 7. The company is hereby authorized to sell the privilege May sell privi- of using the water conducted through its pipes and aqueducts lege, &c. to any corporation or person, and may make all reasonable rules and regulations as to the manner and time in which said water may be taken and used, and for the preventing of wasto thereof; such rules shall be published for four weeks every year, in some daily paper published in Paducah, Kentucky; and if any person shall violate said rules or commit any waste of water, he shall be liable to said company in the sum of twenty dollars for each violation, to be recovered, with costs, before any justice of the peace in Paducah, Kentucky.

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or property punished:

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§ 8. If any person shall willfully and maliciously defile, Injury to water corrupt, or make impure any water used by said company, or willfully destroy or injure any pipe, aqueduct, reservoir, fountain, building, cr machinery belonging to said company, such person shall be liable in a civil action to said company for treble the amount of damages caused thereby, to be recovered in any court having jurisdiction; and the person so offending shall, upon conviction, be imprisoned in the penitentiary of this State not more than one year; but it is provided that this act shall not in anywise change nor alter the law now in force concerning arson and burglary, nor should this act be construed to impose other and different penalty for the said offenses from that now prescribed by law.

§ 9. If any person shall willfully drop into or in any way Peralty for pol mix a deadly poison with the water designed by said company for the use of the people of Paducah, the person so

soning water.

offending shall be confined in the penitentiary of this State not less than two nor more than ten years; but if death result therefrom the person guilty shall be liable, as is now provided by law for such offense.

10. The company may appoint one or more watchmen to guard and protect their reservoir and engine-house, and all other property connected therewith, who shall have the same authority, when on duty, as a policeman of said city of Paducah, to preserve order and protect said property; and the city council of Paducah may by ordinance grant such other protection to the property of the company in said city, or within one mile thereof, as to them may seem just and proper.

1876.

Special police appointed.

§ 11. The said company may issue its bonds in denomina- Issue of bonds. tions of one thousand dollars each, with coupons; said bonds

to be payable in not less than twenty nor more than thirty years, bearing interest at not less than six nor more than eight per cent. per annum, payable semi-annually, and may execute a mortgage on the property of the company for the payment of said bonds and interest thereon.

§ 12. The company hereby incorporated shall complete said water-works in three years from the date of the approval of this act, otherwise this charter shall be void and for nothing held.

Time allowed

for completion.

City of Paducah to supervise

§ 13. The company shall not have the right to erect its
works, lay its pipes and aqueducts in the city of Paducah, company.
until the said city shall have consented thereto by resolution
or ordinance of its council; and the city of Paducah shall at
all times have the authority and right to protect by ordinance
the inhabitants of the city from exorbitant charges for water,
and may declare a limit for said charges beyond which the
company cannot go.

§ 14. This act shall take effect from its passage.
Approved February 8, 1876.

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