1863. year 1861, the greater portion of which he has since paid off-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the said John A. Yandell, late sheriff of Crittenden county, be and he is hereby released from the payment of the damages on said judgment, upon his paying the balance thereof, together with interest and cost. §2. That said Yandell shall have the further time until the 1st day of September, 1863, to pay into the treasury the revenue due from said county for the year 1862, and to make out and return his delinquent lists for the years 1861 and 1862; and he shall have credit with the Auditor for the amount of said delinquent lists upon filing with him a copy thereof, duly certified by the judge of the Crittenden county court. § 3. That said Yandell shall have two years from and after the passage of this act to collect the county levy, arrearages of taxes, and fee bills due him as said sheriff; and that he may place them for collection in the hands of any officer authorized by law to collect the same, and they shall retain their distrainable qualities for that time: Provided, That said Yandell shall be liable to all the penalties now prescribed by law for collecting illegal taxes and fee bills. § 4. This act shall take effect from its passage. Approved March 3, 1863 CHAPTER 1041. AN ACT for the benefit of Jacob Helton and Reubin Patrick, of Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be and he is hereby authorized to draw his warrant upon the treasury for the sum of thirty-five dollars, in favor of Jacob Helton and Reubin Patrick, of Magoffin county, on account of expenses incurred by them in taking Wm. P. Baily to the Lunatic Asylum at Lexington, by order of the Magoffin county court. § 2. That this act take effect from its passage. Approved March 3, 1863. CHAPTER 1042. AN ACT for the benefit of Wm. Williams, late sheriff of Boyd county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That William Williams, late sheriff of Boyd county, be and is hereby allowed a credit of $36 02 cents, upon a judgment against him for the revenue of 1860, as the date of said judgment, being the amount of his delinquent list for 1860, which was duly forwarded to the Auditor, and was lost or miscarried. § 2. This act to take effect from and after its passage. Approved March 3, 1863. 1863. CHAPTER 1043. AN ACT for the benefit of the sheriff of Laurel county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That time is given to William P. Evans, sheriff of the county of Laurel, until the first day of July, 1863, to collect and pay into the public treasury the public due from said county for the year 1862, and to return his delinquent lists; and also to collect and pay into the public treasury the remainder of the revenue due from said county for the year 1861 Provided, That the sureties of said William P. Evans, before he shall be entitled to the benefit of this act, shall file of record in the office of the clerk of the county court of said county their consent to the extension of time granted to said sheriff, by the provisions of this act. §2. That if the said sheriff shall collect and punctually pay into the treasury the taxes for the years aforesaid by the time limited by the first section of this act, he shall be released from the payment of the interest on the said revenue, as now required by law. 3. This act shall take effect from and after its passage. CHAPTER 1045. AN ACT for the benefit of W. R. Hervey. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That the further time of two years, from and after the passage of this act, is allowed William R. Hervey, late 1863. clerk of the Louisville chancery court, to list and collect any and all fee bills due him as clerk of said court, subject to all the pains and penalties prescribed by law for listing and collecting illegal fee bills. Approved March 3, 1863. names and capital stock. CHAPTER 1047. AN ACT to incorporate the First and Second Street Horse Railroad Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. James Guthrie, T. T. Shreve, Wm. B. Hamilton, R. Corporators A. Robinson, H. C. Pindell, E. A. Gardner, W. C. Hite, James Monohan, Samuel Weisiger, and Warden P. Hahn, be and they are hereby appointed commissioners, under the direction of any two of whom subscription may be received to the capital stock of the First and Second street horse railroad company, hereby incorporated; such books to be opened at such times and places, and upon such notices thereof, as they may seem right and proper: Provided, That any vacancy in the board of commissioners, by death, resignation, or failure to act, may be filled by the remaining members, or a majority thereof. powera § 2. That as soon as one hundred shares of stock shall Name and style, be subscribed, the subscribers of said stock, their succesand corporate sors and assigns, shall be and they are hereby incorporated into a company, by the name and style of the First and Second Street Horse Railroad Company;" and by that name shall be capable in law of purchasing, holding, selling, leasing, and conveying real and personal estate, so far as the same may be necessary for the purposes of this company, and shall have perpetual succession, and by said corporate name may sue and be sued, may have and use a common seal, and alter, abolish, or renew the same at pleasure, and have and exercise all the powers, rights, and privileges which incorporated bodies may lawfully do for the purposes contemplated in this act. Dalls on siɔck. § 3. That at every such subscription of stock, there shall be paid, at the time of subscribing, to said commissioners, the sum of one dollar on every share subscribed, and the residue thereof shall be paid in such instalments and at such times as may be required by the president and directors of said company: Provided, No payment shall be demanded until at least ten days notice of such demand shall be published in some newspaper published in Louisville, and not more than ten per cent. of the amount subscribed be called for at any one time; and if any subscriaud ber shall fail, neglect, or fefuse to pay any instalments or Anek may be forfeited part of subscriptions demanded in accordance with the provisions of this section, for the space of sixty days next after the same shall be due and payable, the stock on which it is demanded shall be forfeited to said company, and may be sold for the benefit of the company; but the president and directors may remit such forfeiture on such terms as they may deem proper, and may collect the subscription by action at law. 1863. §4. The capital stock of said company shall be not capital stock. more than three hundred thousand dollars, in shares of twenty-five dollars each, which may be subscribed for by any individual or corporation, and shall be deemed and considered as personal property. § 5. That at the expiration of twenty days from the time of opening said books, if one hundred shares of the capital stock shall have been subscribed, or as soon as the same shall be subscribed, it shall be the duty of said commissioners, or a majority of them, to call a general meeting of the stockholders at such time and place as they may appoint, giving a reasonable notice thereof in such a manner as may be deemed best; and at such meeting said commissions shall lay the subscription books before the subscribers then present, and thereupon said subscribers, or a majority of them present, shall, from among the stockholders, elect five directors, by ballot, to manage the affairs of said company; and the directors so elected, or a majority of them, shall have power to elect a president of said company, either from their own number or any other stockholder, and of allowing him such compensation for his services as they may deem right; and in elections of officers, and on all other occasions when a vote of stockholders is required, each stockholder shall have one vote for every share of stock owned by said stockholder; and every stockholder may, in writing, depute any other person to vote for him, her, or it, as his, her, or its proxy; and commissioners aforesaid, or any three or more of them, shall be the judges of said first election of directors. When general meet'g of stock holders to called Five director to be elected. May construct § 6. That said company is hereby invested with all the rights and powers necessary for the construction and main track. tenance of a single track horse railroad, from the intersec tion of the middie of Second street, in Louisville, with the southern line of Main street to the intersection of First street and Park avenue, south of said city, together with all necessary turn-outs and turn-tables; said road to cross fron Second to First street on Kentucky street, or some street north thereof; and said company shall have power to make any lawful contract with any other railroad or other corporations in relation to the business of said company, and to make joint stock with any such corporation. Said road shall be laid along the middle of the streets along which it runs, and so that the rails thereof shall not 1863. Ing passengers. Notice to be given when lo mined. be higher than the level of the adjacent street pavement, SO as to form the least possible obstruction to vehicles passing on said streets; and after laying down the track, the company shall, at its own expense, replace the pavement in good order and keep the same in repair between the rails and for two feet on each side thereof. § 7. Said company shall not charge for passage on said Rates for carry road any greater fare than ten cents for carrying a passenger the whole length of said road, nor more than five cents for carrying a passenger from any point south of Kentucky street to any other point south of the same; nor for carrying a passenger from any point north of said street to any other point north of the same. When said company eation is deter shall have determined upon the location of the road within the limits herein prescribed, they shall give notice thereof in a daily paper published in Louisville, by six daily insertions; and if the owners-a majority in value-of the lots within the city of Louisville, fronting the part of either of the streets along which said road is so located, shall, within twenty days of the first publication aforesaid, file in the office of the president of said company their objection, in writing, to the location in front of their lots, the road shall not be laid on that location; but the company may change the location, and lay the road thereon, if after similar publication of the new location no new objection be filed as aforesaid; and they may so change the location as often as they please, but shall not lay any road till after such a publication as specified above, without any such objection as above mentioned; and the company may adopt a new terminus for the road within the city, and within the limits above prescribed for the location thereof § 8. Said road is not to be made except with the consent of the general council of the city of Louisville, and upon such conditions and terms as may be required by the general council. § 9. That said company shall have the right to condemn the right of way, and such ground as may be necessary for turn-out, turn- tables, stables, and car sheds, by writ of ad quod damnum, as is provided in the Revised Statutes for turnpike road companies. That the president and directors of said company may receive in payment of stock notes secured by mortgages, bearing such rates of interest as may be agreed upon. Approved March 3, 1863. |