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chosen each and every year by the stockholders, at such time, and in such manner, as the said corporation by its by-laws may prescribe. The said directors shall hold their offices until their successors are eleɔted and qualified, and may fill all vacancies which may happen in the board by death, resignation, or otherwise. They may also adopt such by-laws, rules, and regulations for the government of said corporation, and the management of its affairs and business as they may think proper, not inconsistent with the laws of this State.

5. Said corporation shall have the right to acquire such land or right of way, by writ of ad quod damnum, in the same manner that turnpike road companies are authorized by the 103d chapter of the Revised Statutes of Kentucky, which took effect on the 1st day of July, 1852, as may be necessary for laying their track, side tracks, turn-outs, turn-tables, for car sheds, and stables.

§ 6. In laying the railway track, it shall be so done as not to obstruct the travel of other vehicles or prevent the flow of water; the track of said railway shall not be elevated above the surface of the street, and shall be so laid that carriages and other vehicles can easily and freely. cross said track at any and all points, and in any and all directions, without obstruction.

1863.

May acquire right of way.

How track to be constructed.

Streets to be

7. In taking up the street to lay down the railway track, said corporation shall carefully replace same, and kept in repair. be bound to keep said track, and two feet on either side of it, in good repair, so long as said company continue to operate said road.

§8. The cars to be used upon said track shall be operated by animal power only.

9. The rate of fare for any distance within the city limits shall not exceed five cents; and out of the city limits shall not exceed ten cents per passenger.

10. The track, from such point on Third street, in the city of Louisville, as the general council may designate, to the Louisville House of Refuge land, shall be constructed in three years from the passage of this act, or this charter will be forfeited; and from the House of Refuge, along the Park avenue, to the main entrance to the Southern Park, at First street, within four years, or that part of the grant herein set forth will be forfeited.

11. This act shall take effect from and after its passage. Approved March 3, 1863.

only to be used.

Animal power

Rate of fare.

When track to

be constructed.

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CHAPTER 1067.

AN ACT to incorporate Catlettsburg Lodge, No. 142, I. O. O. F. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That N. J. Andrews, James Wise, John J. Williamson, John Klander, John A. Klaiber, and Peter Hammis, and their associates, are hereby created a body corporate, by the name and style of "Catlettsburg Lodge, No. 142, of the Independent Order of Odd Fellows;" and they and their associates and successors shall so continue, and have perpetual succession; and by that name are made capa ble, in law, as natural persons, to sue and be sued, plead and be impleaded, contract and be contracted with, answer and be answered in all courts of law and equity in this Commonwealth; to make, have, and use a common seal, and the same to break, alter, or amend at pleasure; they may make and ordain regulations and by-laws for their government, and those now in force in said lodge to alter when deemed proper, and may change, and renew the same at pleasure: Provided, They be not in contravention of the constitution, laws, and regulations of the Grand Lodge of the Independent Order of Odd Fellows, incorporated by an act approved February 16th, 1838, nor in contravention of the constitution and laws of the United States or of this State. The said corporation shall have power and authority to acquire and hold real and personal estate, not exceeding twenty thousand dollars in value, and, from time to time, if deemed expedient, sell and convey the same, or any part thereof, aud to reinvest and dispose of the proceeds. The right to alter, amend, or repeal this act is hereby reserved to the General Assembly. § 2. This act to be in force from its passage.

Approved March 3, 1863.

CHAPTER 1068.

AN ACT to incorporate Morning Star Lodge, No. 16. I. O. O. F. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1. That Isaac H. Mclvethy, Win. Wingate, Jas. H. Snyder, and John G. Gaines, and their associates, be and they are hereby created a body corporate, by the name and style of Morning Star Lodge, No. 16. Independent Order of Odd Fellows; and they and their associates and successors shall so continue and have perpetual succession; and by that name are made capable, in law, as natural persons, to sue and be sued. plead and be impleaded, contract and be contracted with, answer and be answered in all courts of law and equity in this Commonwealth; to

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make, have, and use a common seal, and the same to break, alter, or amend at pleasure.

2. They may make and ordain regulations and by-laws for their government, and those now in force in said lodge. to alter when deemed proper, and may change and renew the same at pleasure: Provided, That they be not in contravention of the constitution, laws, and regulations of the Grand Lodge of the Independent Order of Odd Fellows, incorporated by an act approved February 16th, 1838, nor in contravention of the constitution and laws of the United States or of this State.

3. The said corporation shall have power and authority to acquire and hold real and personal estate not exceeding twenty thousand dollars in value, and, from time to time, if deemed expedient, sell and convey the same, or any part thereof, and to re-invest and dispose of the proceeds.

4. The right to alter, amend, or repeal this act is hereby reserved to the General Assembly.

5. This act to take effect from its passage.

Approved March 3, 1863.

1863.

CHAPTER 1069.

AN ACT for the benefit of N. H. Ryan, late sheriff of Calloway county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That N. H. Ryan, late sheriff of Calloway county, be allowed the further time of two years, from and after the passage of this act, to collect all arrearages of taxes, fee bills, and county levies which are in his hands uncollected; and that said Ryan be allowed to place said taxes, fee bills, and county levies in the hands of any sheriff, deputy sheriff, or constable of said county for collection, at any time within the period aforesaid; and shall be liable for issuing illegal fee bills as now prescibed by law: Provided, That said N. H. Ryan shall give bond with security to be approved of by the clerk of the county court, conditioned to comply with the laws in relation to illegal fee bills.

2. This act to take effect from its passage.

Approved March 3, 1863.

1863.

CHAPTER 1070.

AN ACT for the benefit of Jacob McLancy.

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

§1. That Jacob McLancy be and he is hereby authorized and permitted, when he shall pay the license tax for keeping a tavern, to retail spirituous liquors and wines, according to the laws in such case provided, without being required to keep a tavern as a prerequisite thereto.

§2. The privilege herein granted shall be extended to, and exercised by, said McLancy only in the town of Mount Vernon, in Rockcastle county; and all laws now in force in regard to the retailing of wines and liquors by tavernkeepers shall apply to said McLancy, except such as pertain to the tavern and tavern-keeper.

§ 3. That he shall at no time exercise such privilege except during the time for which his license shall run, which shall be granted by the county clerk upon the payment of the tax, and for one year only, but may then be renewed as in other cases; he may sell in such house as he may provide for the purpose.

§ 4. The Legislature reserves power to alter or repeal this act at pleasure.

§ 5. This act shall be in force from its passage.

Approved March 3, 1863.

CHAPTER 1072.

AN ACT for the benefit of School District No. 1, in Calloway county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Auditor of Public Accounts be and he is hereby directed to draw his warrant on the treasury in favor of the trustees of school district No. 1, in Calloway county, for the sum of fifty-five dollars, being the amount due said district for a school taught therein in the years 1861 and 1862, and which has not been heretofore reported. § 2. This act shall take effect from its passage.

Approved March 3, 1863.

CHAPTER 1073.

AN ACT to amend the charter of the city of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the tax limits of the city of Louisville be so extended as to include a strip of land on the south-east side of, and parallel with Underhill street, the same being two hundred feet wide and extending from the Bardstown turnpike road to Broadway street, in said city. § 2. This act to take effect from its passage.

Approved March 3, 1863.

1863.

CHAPTER 1074.

AN ACT for the benefit of B. S. Coffee, marshal of the town of Columbia.

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

§ 1. That B. S. Coffee, marshal of the town of Columbia, be and is hereby authorized to appointa deputy Provided, That before any such deputy shall perform any of the duties of said office he shall take the same oaths of office that was required by law to be taken by said marshal, and a certificate of the same shall be filed with the same officer, before whom said marshal executed his official bond: Provided, That the securities of said marshal shall file with the said officer their consent in writing to said appointment.

§ 2. This act shall take effect from its passage. Approved March 3, 1863.

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