1854.

Title of burial

purchasers.

§ 4. When a burial lot is purchased, the trustees shall give a certificate thereof, under the hand of the chairman or seal of the corporation, which shall vest the purchaser lots to vest in with title. The title may be transferred according to such rules and regulations as may be prescribed by the by-laws of the corporation, but in no other manner. If not transferred by the grantee, it shall discend or 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 corporation unless the trustees agree to such other application of such lot.

Penalties for violation of the

§ 5. If any person shall forcibly and without lawful au-
thority violate any of the graves of the dead, or deface any graves, &c.
of the tomb stones, monuments, or inclosures, or injure
any of the grounds, shrubbery, fixtures, or buildings, or in
any manner damage any of the grounds of the corpora-
tion, such person or persons so offending, besides being lia-
ble to any indictment for a misdemeanor, and punishable
according to the discretion of a jury, shall be liable to the
the corporation in an action of trespass; and the dama-
ges, when recovered, after paying expenses, shall be ap-
plied by the corporation to restore as far as possible, any
injury that has been done.

6. This act shall be in force from and after its passage.
Approved March 6, 1854.

CHAPTER 548.

AN ACT for the benefit of Zachariah Tyree, late Justice of Carter county.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the further time of two years be and is
hereby given to Zachariah Tyree, late justice of the peace
of Carter county, to list and collect his fees as justice afore-
said, who shall have the same right to collect his fees with-
in the said time, and be subject to the same liabilities and
restrictions, as justices of the peace now are by existing
laws.

Approved March 6, 1854.

CHAPTER 550.

AN ACT requiring the Spencer county court to appoint trustees for the
Spencer county Seminary.

Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the Spencer county court shall, in the
month of May or June, 1854, and every two years thereaf
ter, appoint a board of trustees, consisting of six in num-
ber, for the Spencer county seminary, who shall have the
same powers as now conferred by the act of assembly
20-VOL. II.

1854.

passed and approved February 12th, 1840. And said court
shall have power to fill any vacancy which may occur in
said board by death, resignation, removal, or other cause,
and shall cause a settlement to be made with the present
board of all their receipts and expenditures concerning
said institution, and also with any succeeding board, at the
expiration of their term of service, and shall keep a record
of such appointments and settlements.

1

eald town.

CHAPTER 551.

AN ACT to extend the limits of the town of Paris.

§ 1. Be it enacted by the General Assembly of the CommonBoundary of wealth of Kentucky, That from and after the passage of this act the following shall be the established boundary for the town of Paris, in the county of Bourbon, to-wit: Beginning at a stone in the line between Jacob Spears and Samuel Brooks; thence south 30 degrees west, two hundred and sixty-seven and fifty_hundredth poles, to a stone in the eastern margin of the Paris and Winchester turnpike road; thence south fifty-eight degrees fifteen minutes west, thirty-nine and seventy-six hundredth poles, to a stone; thence north thirty-one degrees forty-five minutes. west, thirteen poles, to a stone; thence south fifty-eight degrees fifteen minutes west, sixty-five and eighty-four hundredth poles, to a stone; thence north forty-one degrees thirty minutes west, ninety-eight and fifty hundredth poles, to a stone; thence north forty-eight degrees thirty minutes east, sixty-three and eighty-four hundredth poles, to a stone; thence north sixty degrees west, sixteen and twelve hundredth poles, to a stone; thence north thirty degrees east, one hundred and twenty seven poles, to a stone; thence north sixteen degrees thirty minutes west, sixty poles, to a stone; thence north fifty-eight degrees fifteen minutes east, one hundred and twenty-three and thirty-six hundredth poles, to a stone; and thence south fifty-three degrees forty-five minutes east, one hundred and thirtyseven and twenty four hundredth poles, to the beginning. §2. That the jurisdiction and powers of the trustees of said town shall extend to and be co-extensive with the trustees extend aforesaid boundary, from and after the passage of this

Jurisdiction of

over said limits.

act.

Approved March 6, 1854.

CHAPTER 552.

AN ACT to incorporate the Louisville and Knoxville Railroad Company.

1854.

and powers.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all persons who shall become stock. holders in the company hereby authorized, shall be a body politic and corporate in perpetuity, by the name of the Louisville and Knoxville Railroad Company, and shall be Corporate name capable of suing and being sued, and may have a common seal, and make and alter the same at pleasure; and shall be capable in law of purchasing, holding, and conveying any real and porsonal property whatever; and shall be vested with all powers and rights necessary for the object and purpose of constructing, maintaining, and operating a main line of railway and branches, with one or more tracks, and for providing all such appurtenances, means, accommodations, and facilities, as may be deemed necessary by said company for the construction, equipment, and most convenient and profitable use of the same; the main line of railway to commence at any eligible point in or near the city of Louisville, and from thence, to Knoxville in Tennessee, or for a connexion with any other railroad leading to Knoxville and the branches to extend from the main line to collieries, iron works, mines, and such other points as may be deemed expedient, not destroying the vested rights of other corporations.

§ 2. That Wm. S. Pilcher, James S. Speed, Thomas Anderson, A. A. Gordon, William Watkins, William Garvin, A. L. Shotwell, of the city of Louisville; Robert N. Miller, Jonathan C. Waller, Thos. P. Camp, P. Speed, Jas. Lewis, I. P. Miller, of the county of Jefferson; W. C. Bullock, Thos. Todd, Marion C. Taylor, William S. Helm, Thomas Jones, and James L. Caldwell, of the county of Shelby; Beriah Magoffin, W. A. Hooe, Elijah Gabbert, James D. Hardin, of Mercer county; A. I. Caldwell, J. T. Boyle, James S. Hopkins, and Thomas Barbee, of Boyle county; Christian Engleman, Henry W. Faris, John Owsley, R. Blain, of Lincoln county; J. A. Moore, William H. Kirtly, and Alfred Smith, of Rockcastle county; Geo. P. Brown, William Randall, Granville Pearl, of Laurel county; William C. Gillis, James C. Williams, and L. D. Sutton, of Whitley county, and D. R. Poigniard, George W. Anderson, and A. W. Thomas, of Spencer county, be and they are hereby appointed commissioners, under the direction of any two of whom books may be opened, for the purpose of receiving subscriptions to the capital stock of said company, at such times and places as they may prescribe by advertisement, in one or more public newspapers, and may continue them open for such times as they may deem expedient: Provided, that any subscription tendered at any time and place, other than advertised by said commissioners, if accepted by them,

Names of com. missioners.

1854.

Amount to be paid on subscrib. ing stock.

Capital stock.

General meet.

directors.

shall be as valid against the party subscribing as if receiv-
ed at the time and place advertised; and if any of said
commissioners shall die, resign, or neglect to act, another
may be appointed in his stead by the remaining commis-
sioners, or commissioner, or a majority of them, of the
county, or city, for which said commissioner not acting was
appointed.

3. Each subscriber, at the time he subscribes, shall
pay to the said commissioners, or their agents appointed
to receive such subscriptions, one dollar on each share
subscribed by him, and the residue thereof in such install-
ments, and at such times, as the directors of said company
shall deem proper, under penalty of forfeiting the shares
of stock subscribed for, and all previous payments thereon,
if payment shall not be made within thirty days after per-
sonal demand, or notice by advertisements in one or more
newspapers published in Louisville and Danville: Provi-
ded, that the stockholders shall not be required to pay more
than thirty per cent. of their stock in any one year, and
that the directors, by a majority of their whole board, may
remit any such forfeiture on such terms as they may think
proper.

§4. The capital stock of said company shall be five millions of dollars, in shares of one hundred dollars each, which may be subscribed for by any individual or corporation, and shall be considered personal property.

§ 5. Whenever two thousand or more shares of the capings, when held, ital stock shall have been subscribed, a majority of the commissioners may close the books, and call a general meeting of the subscribers, for the election of directors, at such time and place as they may appoint, and shall give Election of twenty days notice thereof, in one or more newspapers published in Louisville and Danville; and at such meeting, the commissioners, or three of them, shall be present, and conduct the election, and shall lay the subscription books before the subscribers then and there present: and in case more than fifty thousand shares of stock shall have been subscribed, they shall strike off the surplus from the largest subscriptions until the same shall be equalized as near as may be; and thereafter, a majority in value of the subscribers present, shall have power to elect from among the stockholders nine directors to manage the affairs of said company; and those nine directors, or a majority of them, shall elect a president of said company from among the directors, and may allow him such compensation for his services as they may think proper; and in such election of directors, and on all other occasions whenever a vote of the stockholders is to be taken, each stockholder shall be allowed one vote for every share of stock which shall have been owned by him, her, or it, for ten days, and no other, and may in writing depute any other person to vote and act as his, her, or its proxy. The directors shall

Annual election.

hold their office for one year, and until their successors are elected, and shall fill all vacancies in their board.

1854.

Annual meetings of stock.

§ 6. There shall be an annual meeting of the stockholders, at the office of said company, on the first Monday in holders. May, for the election of nine directors to serve for the ensuing year: Provided, that the directors shall have power to change the time and place of holding such annual meetings, upon publishing such change in the newspapers aforesaid, not less than thirty days prior to the time previously appointed. At all such meetings, the directors shall choose three judges from among the stockholders, whose duty it shall be to receive the votes of the stockholders for directors, and to openly count the votes and declare the result.

§ 7. Meetings of the stockholders may be called by the directors, or by stockholders owning not less than onefourth of the stock, by giving thirty days notice of the time and place of holding the same in the newspapers aforesaid; and whenever any such meeting is called by the stockholders, the particular object of such meeting shall be stated in such notice; and if at any such meeting a majority in value of the stockholders are not represented in person or by proxy, such meeting shall be adjourned from day to day, not exceeding five days, without transacting any business; and if within said five days stockholders having a majority in value of the stock subscribed do not attend, such meeting shall be dissolved.

§ 8. At the annual meetings of the stockholders, it shall be the duty of the president and directors in office. for the preceding year, to exhibit a clear and distinct statement of the affairs of said company; and at any meeting of the stockholders, a majority in value of those present may require a similar statement; and at all general meetings of the stockholders, a majority of them in value, may remove from office any president, director, or other officer of said company, and elect others in their stead: Provided, notice of such intended removal shall have been given as required in the preceding section.

Called meet. ings, how made.

Proceedings

at annual meet.

Directors to

ficers.

§ 9. There shall be a president, secretary and treasurer of said company, who shall be elected annually by the appoint other of directors, and the president from the directors, except as provided in the preceding section; and also such other subordinate officers, agents, engineers, and servants of the company, as may be necessary; who may be elected, appointed, or employed by the president and directors; and any officer or agent of the company may be required to give good and sufficient security for the faithful performance of his duties.

Directors to

10. The president and directors shall have power to make contracts for carrying on all the business within the make contracts object and purposes of the company, and to make such rules, regulations, and by-laws, not incompatible with the