arising from the resources of said company, after deducting the necessary current and probable contingent expenses; and they shall divide the same among the stockholders of said company, in proportion to their respective shares.

1854.

Vote of coun

24. That on motion of the president of said company, the county court of said county or the president or chair- ty, how ordered. man of the council or trustees of any town or city, shall order the vote to be taken as named in the seventeenth section.

§ 25. That if this road shall not be commenced within seven years from the first opening of books for the subscription of capital stock to the same, and shall not be finished within ten years after the time of commencement, then this act shall be null and void.

When to be commenced.

May receive subscriptions ou

§ 26. That the president and directors may receive subseriptions to the capital stock of said company upon such condition. terms and conditions as to time and manner of payment as they may deem fit; and the president and directors shall have the right to take the obligations of the subscribers of stock in said company, for such installments upon the stock subscribed, payable at such time, and secured by such direct or collateral sureties as they may agree and determine; and to raise money by the discount and transfer of such notes or papers: Provided, that said company shall not issue certificates of stock until the same shall be paid for.

§ 27. That it shall be lawful for the president and directors of said company to contract for the whole or any part of the construction or materials toward and for the construction of said road on time, and to borrow money on time, to pay for the materials or construction of said road, and to secure any and all such debts by the bonds or obligations of said company, either with or without personal or other corporate indorsement; or to execute a mortgage or mortgages upon said road, or any or all the property of the same.

§ 28. That any and all payments made or to be made upon the stock of said company may bear interest at the rate of six per cent. per annum, until a dividend shall be made, and the president and directors are authorized to issue to the persons entitled, certificates of stock for all such interest, in addition to the shares subscribed or held by them.

§ 29. That should said road ever be sold by proceedings on mortgages or deeds of trust for debts, or by other legal process than upon mortgages, or by contract, the purchaser or purchasers shall be entitled to all the rights and privileges of this act of incorporation and any amendments which may have been made thereto, and be subject to all the obligations, limitations and restrictions of the same.

May contract for part of road.

Payments may bear interest.

In case of sale purchaser to

have privileges granted.

1854.

bond to collect tax.

30. That the sheriff or other collecting officer shall give bond with good security in an adequate penalty, with a condition for the faithful discharge of his duty as collector of the tax under this act, and he shall be liable for any default in not collecting or in not paying over, by the fitteenth of December in each year, the sum so ordered to be collected by him, as such collecting officer would be for not collecting or paying over state revenue collected or ordered to be collected by him; and for failure or default, he shall be liable to the same penalties and amercements as for like default or failure with the public reve

nue.

§ 31. That the receipts for said tax shall be assignable Tax receipts and transferable by indorsement; and when any holder assignable. thereof shall have to the amount of fifty dollars, he shall be entitled to receive a certificate of one share of stock. And when said taxes are due, the same are to be paid to the president or treasurer, or such agent as the treasurer or president may appoint in any county in which neither of them reside, and the receipt of the president or treasurer or the agent shall be good.

pavable in real estate.

§ 32. That the president and directors of said company May receive shall have power to receive subscriptions of capital stock subscriptions in said company payable in real estate, to be valued to said president and directors by disinterested commissioners, upon such uniform plan of valuation as said president and directors may adopt: Provided, that such real estate shall, in all cases, lie within a county or counties through which such road may pass, and the aggregate amount of such real estate received shall not exceed one half the whole capital stock of said company; and for the purpose of converting such real estate subscriptions into available means, the said president and directors shall be and they are hereby invested with full power and authority, on behalf of said company, to sell and convey such estate, so received, either for cash or on such time as they may agree, and at public vendue or by private contract; or they may rent, mortgage, or otherwise hypothecate such estate to secure the payment of any sun or sums of money they may be able to borrow thereon.

33. That the president and directors of said company may unite or consolidate said railroad with any other railroad, may change the name on such union or consolidation, may arrange the terms and have the agreement recorded, but in no instance shall such consolidation take place or any terms of agreement be obligatory in relation thereto, unless approved and ratified by the stockholders, or a majority of them who may vote, at any general meeting. And the legislature may amend or repeal this charApproved March 6, 1854.

'ter.

CHAPTER 514.

AN ACT for the benefit of John C. Maxwell, of Marion county. WEREAS, John C. Maxwell, of Marion county, has recently purchased and brought into this state three slaves, whose names are Wilson, Mary, and Peggy; that he is considerably indebted to his infant daughter, Emily H. Maxwell, for whom he is guardian, and for the purpose of enabling him to discharge said liability, he is desirous of being einpowered and authorized by law to sell and convey said slaves without incurring the penalty denounced by law against those importiag or bringing slaves into this state as merchandise or for the purpose of sale or barter. Wherefore.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said John C. Maxwell be and is hereby authorized to sell and convey the said slaves, Wilson. Mary, and Peggy, and the purchaser to receive and hold the said slaves without incurring the penalty denounced by law for such importation and sale.

Approved March 6, 1854

1854.

CHAPTER 515.

AN ACT to amend the charter of the Helena and Mayslick Turnpike
Road Company.

ed.

Capital stock

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the president and directore of the ed or diminishHelena and Mayslick Turnpike Road Company are authorized to increase or diminish the capital stock of said company at pleasure: Provided, the said capital stock shall at no time exceed the sum of thirty thousand dollars.

§ 2. The shares of stock in said company shall be fifty Shares reduced. dollars, instead of one hundred as heretofore provided.

§3. F. W. Wheatley, Aaron Mitchell, James M. Mitchell, Robert Pogue, Waller Small, Elias Anderson, Charles Clarke, and Thomas Forman are hereby empowered and directed to work out their road tax under the direction of the said president and directors, to aid in the completion of said road.

Approved March 6, 1854.

Certain pe". gons may work out road tax.

CHAPTER 516.

AN ACT authorizing the trustees of the town of Hodgenville to sell a

part of West Street in said town.

May sell part

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of the town of Hodg- west street. enville be and they are hereby authorized to sell at public

1854.

auction that part of West street which lies north of the
North street, of said town, and adjoins the lot of H. S.
Johnson, S. L. Larue, and Joseph Hill; said sale to be
made on a court day, at the court house door, after hav-
ing been duly advertised by said trustees.

§2. That the said trustees shall convey' by deed to the
Trustees to purchaser the land thus sold, which deed shall vest in the
purchaser all the right, title, and interest in said land now
vested by law in the town, or the trustees thereof.
Approved March 6, 1854.

convey.

CHAPTER 517.

AN ACT to establish the lines between the counties of Lawrence, Floyd,
and Pike.

Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the division lines between the counties
of Lawrence, Floyd, and Pike be and the same are hereby
changed to the following boundary, to-wit: Beginning at
the mouth of the Pigeon Roost Fork of Wolf creek; thence
up said fork, south sixteen degrees east, three hundred and
thirty poles, to a sugar tree, two white oaks, three chest-
nuts, a hickory, and locust, standing on the top of the di-
viding ridge between the waters of said fork and the Emi-
ly's Fork of Wolf creek; thence with the top of said ridge
to a white oak, hickory, black oak, two black gums, a dog-
wood, and a small chestnut marked L. P., with three cuts
on either side, near the head of Emily's fork; thence down
the dividing ridge between the waters of Emily's fork and
Big creek to a birch, three hickories, a chestnut, and dog-
wood, marked as aforesaid, on the top of the last high
knob between the waters of Wolf creek and Big creek, at
the head of the Long branch; thence down with the top of
the ridge between Long branch and Emily's fork on the
lower side of Long branch to two birches and a maple
standing on a large ledge of rocks at the point of the ridge.
on the lower side of Long branch next the river of Tugg,
marked P. L., with three cuts on either side; thence down
the point of the ridge on the side below the mouth of Long
branch to where it empties into the river of Tugg, includ-
ing the fork of Pigeon Roost and its tributary streams in
the county of Floyd, and all the waters of Wolf creek
from the mouth of the Pigeon Roost fork down to the
mouth of Wolf's creek, and also the territory up the river
of Tugg to the mouth of Long branch in the county of
Lawrence.

Approved March 6, 1854.

CHAPTER 518.

1854.

and powers.

AN ACT to incorporate Suwanee Lodge, No. 190, of Lyon county. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of Suwanee Lodge, No. 190, in Eddyville, Lyon county, of free and accepted masons, be and they are hereby created a body politic and corporate by the name and style of "Suwanee Lodge, No. Corporate name 190," with perpetual succession; and by that name shall be capable of contracting and being contracted with, of suing and being sued, of purchasing and holding all such real and personal estate as may be required for the use and accommodation of said Lodge; to receive all necessary conveyances, to sell, convey, and dispose of all such real and personal estate as they may now have or hereaf ter acquire: Provided, the amount vested in real estate, exclusive of buildings thereon, shall at no time exceed ten thousand dollars.

§ 2. That the management of the concerns of said corporation shall be and is hereby confided to Marcus M. Tyler, Hugh M. Henson, jr., William B. Wadlington, master and wardens of said lodge, and their successors in office, as trustees thereof, who, or a majority of them, shall have full power to make all contracts pertaining to the real or personal estate, in any respect, either in purchasing, building, renting, or for any other purpose, which shall be binding and obligatory upon said lodge, when made in pursuance of the rules, by-laws, and instructions of said lodge; and service of process on any of said trustees shall be sufficient notice to said corporation.

§3. That said lodge may at any time pass such by-laws, rules, and regulations, not inconsistent with the constitution and laws of this state, as may be necessary for the protection, management, and safe keeping of the property of said lodge.

§ 4. The general assembly reserves the right to change, alter, or amend this act at pleasure..

Approved March 6, 1854.

Trustees, and their powers,

May pass by laws.

CHAPTER 519.

AN ACT for the benefit of Jeremiah Wilson, of Woodford county. WHEREAS, it appears that Jeremiah Wilson did, at the December term, 1852, of the Woodford county court, obtained a license to keep a tavern in the town of Mortonsville in said county, for which he paid the sum of twenty dollars, which payment was made and received under a mistake of the law. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the auditor is directed to draw his war

18-VOL. I.