CHAPTER 335. AN ACT to incorporate the Forest Retreat and Panther Creek Turnpike Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a company is hereby created, under the name and style of the Forest Retreat and Panther Creek Turnpike Road Company, for the purpose of making an artificial road from a point on the Maysville, Washington, Paris, and Lexington Turnpike Road, near known as Forest Retreat, along the most practicable route, to the mouth of Panther creek, on Licking river, in Nicholas county. § 2. That the capital stock of said company shall be ten thousand dollars, divided into shares of fifty dollars each. § 3. Books shall be opened at convenient places for the subscription of stock in said company, under the direction of Simon Kenton, Joseph Taylor, Wm. Brown, David Mann, Milton Mann, Alexander Bishop, and C. W. Robbins, any one of whom may procure a book in which the subscribers of stock to said company shall enter into the following obligation: We, whose names are hereto subscribed, do respectively promise to pay to the Forest Retreat and Panther Creek Turnpike Road Company the sum of fifty dollars 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 required by the president and directors of said company. § 4. The book or books shall be opened as soon as said commissioners may think proper, and remain open until enough stock has been secured or subscribed to insure the completion of the road. § 5. As soon as a sufficient amount of stock has been subscribed or secured to build one half of said road, it shall be the duty of the commissioners, or some one of them, to give notice of a meeting of the stockholders of said company, at some convenient point, for the purpose of choosing officers, which shall be given by notices posted up at three of the most public places on the line of said contemplated road, for at least ten days previous to the meeting; and at said meeting at least two of the commissioners must be present and superintend the election. There shall be elected a president 1876. 1876. and five directors, who shall hold their office one year from the day of their election, and until their successors are duly elected and qualified; the said directors shall elect a treasurer and such other officers as they may deem necessary; and said treasurer, before entering upon his duties, shall execute bond, with good security, to be approved by the directory, to the effect that he will faithfully perform the duties of his said office; whenever a demand shall be made of him by the directory, in writing, signed by the president or their author. ized agent, he shall pay over any and all sums of money that may be in his hands as such treasurer. § 6. The stockholders at all elections shall be entitled to one vote for each share of stock in said company, which vote or votes may be given in person or by proxy in writing. § 7. It shall be lawful for the president and directors, with their superintendent, engineers, and workmen, with their tools, instruments, carts, wagons, and other carriages, with their beasts of draught or burthen, to enter upon the lands in and over, contiguous and near to, which said road shall pass, having first given notice of their intention to the owners or occupants thereof, or their agents: Provided, That if the president and directors of said road shall not agree with the owners of said land over or through which said road shall pass, as to the damages the owner or owners may sustain by reason of said road passing through his or their lands, the president and directors shall apply to the county court of the county in which the road is to be located, and in which the lands sought to be obtained are situated, for a writ of ad quod damnum to assess the damages which may be sustained by the owner or owners of said land; and upon the payment or tender of the damages thus assessed, it shall be lawful for the president and directors to open and make said road, and dig and carry away any stone, gravel, or other material necessary for the construction or repairing said road, after paying the owner the full value of the same: Provided, Said land shall not be condemned for a road not more than fifty feet wide. § 8. The president and directors shall severally take an oath faithfully to discharge the duties of their respective offices. § 9. The grade of said road shall not exceed four degrees, and the stone or gravel shall not be less than nine inches deep; the width of the road-bed, outside of the metal on the same, shall be left to the discretion of the directory of said road. 10. That the president and directors of said road shall be authorized to erect toll-gates on said turnpike road when the same is completed and examined by three justices of the peace in no way interested in the road, and who shall be appointed by the judge of the county court of Nicholas county, who, with the aid of some competent person as engineer, shall view the road, and report its quality and condition to the county court. The justices and engineer shall be paid each, by the company, one dollar per mile for every mile so examined upon hearing the said report, and any exceptions or proof that may be made in relation thereto; and upon its appearing that the said road has been constructed according to law, and as directed herein, the Court shall make an order authorizing of a gate or gates, and the collection of tolls in pursuance of the votes established by law. § 11. That the president and directors shall have power to let out said road to contractors on such terms, and in such portions, as they may deem beneficial to the interest of said company. § 12. That the said company may sue and be sued, plead and be impleaded, contract and be contracted with, and in all litigations shall be dealt with as a natural person. § 13. That any of the stockholders in said road company failing to pay their calls when due, shall be subject to suit in any of the courts of this Commonwealth having jurisdiction of the matter or amount in controversy; they shall likewise pay interest at the rate of six per cent. per annum thereon until paid. § 14. It shall be the duty of the president and directors to keep a record of their proceedings in a well-bound book, and the same shall be open for inspection by the stockholders in said road at all times. § 15. That the court of claims of Nicholas county be, and the same is hereby, authorized and empowered to levy an ad valorem tax of not to exceed fifteen hundred dollars to the mile, for the construction of said road, to be levied on the property in said county, and collected as the remainder of the county levy is collected. 1876. 1876. 16. This act shall take effect and be in force after its passage. Approved March 3, 1876. CHAPTER 336. AN ACT to incorporate Union Benevolent Asssociation, of Versailles, Kentucky. WHEREAS, A Society, composed of colored persons, exists in the town of Versailles, Kentucky, known as Union Benevolent Society, No. 1, of Versailles, Kentucky, whose object, as set forth in the constitution and by-laws of said society, is charity and the mutual relief of its members; and whereas, said society has existed for a number of years, with a regular constitution and by-laws to govern the organization, and regularly constituted and elected officers, and desires a more permanent organization; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the present organized society of Versailles, Kentucky, which has for the current year of eighteen hundred and seventy-five, for its president, Henry C. Brown; vice president, Henry Jackson; recording secretary, H. P. Mason; and treasurer, Nelson Hicks; and known as the Benevolent Society, No. 1, of Versailles, Kentucky, be, and the same is hereby, created a body-politic and corporate in law, under the name and style of "The Benevolent Society, No. 1, of Versailles, Kentucky," with power under that name to plead and be impleaded, to sue and be sued, to contract and be contracted with, to have and use a common seal, and to alter and change the same, and to have all such rights and powers as may be necessary to effect the purposes of this act. 2. The said society shall have power to acquire by purchase, gift, grant, or devise, a house and lot, not exceeding four thousand dollars in value, in the town of Versailles, Kentucky, and hold the same for its use, which shall be exempt from taxation by the State, county, or town, and may sell and convey the same. § 3. The said society shall have power to hold, by purchase, gift, grant, or devise, any quantity of land in the county of Woodford not exceeding ten acres, and may receive a con veyance therefor, with such covenants as they may think proper; the land and appurtenance, when conveyed, shall be held solely and exclusively for a cemetery, and ornamental grounds connected therewith; and shall never be used in any manner, inconsistent with this act, for any purpose than burial lots as hereinafter prescribed. Said grounds, fixtures, and shrubbery, and everything growing therein, shall be forever exempt from taxation, and from execution, and from levy and sale, on account of judgment or decree, for any debt, or demand whatever. No road, passway, or street shall be opened through the grounds, unless by the consent of the society. The society may receive, by devise, bequest, gift, or donation, any legacies, gifts, or donations to them, to be used and appropriated only in ornamenting, improving, and taking care of said cemetery; and may lend out or invest any spare or surplus funds the society may have in such manner as the society may deem best, but shall never exercise banking powers. 4. The proceeds of sales of lots, and all moneys coming to the corporation from any source, shall be first applied to the payment of purchase money, and shall afterwards, in all time to come, be applied to the care, improvement, and ornamenting of the burial grounds, the repair or improvement of the lodge-room or other real estate, and the charitable purposes of the society, and the expenses of same. § 5. When a burial lot is purchased, the said society shall give a certificate thereof, signed by the president of the society, and countersigned by the secretary of the society, and under the seal of the corporation, which certificate shall vest the purchaser with title. This title shall be transferable according to such rules and regulations as may be prescribed by the society by the by-laws thereof, but in no other manner, and shall descend and pass by devise as other real estate. Such lots shall never be used for any other purpose than burial lots, and if applied to any other use, the title shall revert to the society. § 6. The society shall keep a record of their sales and trans fers of lots, and the disbursement of the proceeds of sales, and shall always preserve an accurate map of the grounds and lots, and shall have the same recorded in the clerk's office of the Woodford county court. 1876. |