hold their offices until their successors shall be qualified. After the first election there shall be annual elections held on the first Monday in April; and the president and directors shall have power to appoint all such other officers or agents as they may deem proper. Each stockholder shall be entitled to one vote for every share of stock he owns, and may vote in person or by written proxy, and a majority of votes shall be sufficient to determine a choice of officers.

§ 7. The tenth, eleventh, twelfth, fourteenth, nineteenth, twentieth, twenty-second, twenty-third, and twenty-sixth sections of an act to incorporate the Maysville and Lexington Railroad Company, approved March 4, 1850, are adopted and made part of this act.

1854.

Who may sub. scribe

§ 8. Any other corporation shall be authorized to subscribe stock in said road. The county court of Fleming stock. county shall be authorized to subscribe stook in said road not exceeding the sum of twenty thousand dollars: Provided, a majority of the votes cast at any election, held for the purpose of electing any state or county officers, be cast in favor of the proposition; and the presiding judge shall cause a poll to be opened for this purpose, if desired by said company.

9. The trustees of the town of Flemingsburg are authorized to subscribe stock in said road not exceeding ten thousand dollars, and may at the next annual town election cause a poll to be opened and take the sense of all the owners of real estate in said town, whether said stock shall or not be subscribed by the town.

to the

Trustees of Flemingsburg may take stock.

Notice to be

of taking vote.

§ 10. Public notice shall be given of the poll to be opened for the vote on county subscriptions, by an order made given of the time on the record of said county court, and three weeks or longer publication of this order in some newspaper circulated in said county, and in such other manner as may, by said court, be deemed best to give general notoriety to the proposition. And said trustees shall at some general election of town officers open a poll, and take the sense of the owners of real estate in said town on the proposition to take stock in said road; and if a majority of the votes polled on such proposition be in favor of subscribing the stock, then said trustees shall be authorized to subscribe such amount as they shall think proper, not exceeding ten thousand dollars, and shall be authorized to levy a tax on said real estate sufficient to pay for the same. And if a majority of the county votes cast and polled on said proposition to take county stock, be in favor of such proposition, then the presiding judge of said county court shall subscribe on behalf of the county any amount of stock not exceeding twenty thousand dollars; and a tax may be levied on the real estate in said county to pay the

same.

When presid ing judge

au

thorized to take steck.

County may

§ 11. Said county and town are respectively author- issue bonds.

50-VOL. 11.

1854.

Authority to charge tolls, &c.

ized to issue bonds, and indorse and sell the same, made payable at any time deemed proper, to the amount of stock by them respectively subscribed in said road, in order to raise funds to pay for said stock. The presiding judge shall sign and indorse the bonds on behalf of the county, and the chairman of the board of trustees shall sign and indorse on behalf of the town. The presiding judge shall vote the county stock, and the chairman of the board of trustees shall vote the stock of said town, at any election for officers of the company.

§ 12. Said company may demand and receive for tolls upon said road, for transportation of merchandise or produce of any kind, any sum not exceeding the following rates on all goods, merchandise, or property of any description, transported by them, a sum not exceeding three cents per mile for toll; ten cents per mile per ton for transportation; and for passengers not exceeding five cents per mile for each.

Approved March 9, 1854.

CHAPTER 853.

AN ACT for the benefit of J. P. Curtis & Co.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the commissioners of the sinking fund are hereby authorized to pay J. P. Curtis & Co. three hundred and sixty dollars, the amount of dividend warrants due and payable on or about the first of January, 1847, for interest on state bonds, being the issue for Kentucky internal improvement loan, and numbered as follows: 2009, 2010, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2030, 1621, 821, signed J. Harlan, Secretary of State: Provided, said commissioners shall be satisfied that the said dividend warrants have been lost, and belong to said Curtis & Co.; and they are hereby authorized and required to take such indemnifying bond as may be necessary to protect the commonwealthfor all damages in any event whatever. This act shallgo into effect immediately on its passage.

Approved March 9, 1854.

CHAPTER 854.

AN ACT for the benefit of John Fullenwider, of Shelby county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the auditor of public accounts issue his warrant on the treasurer in favor of John Fullenwider for one hundred and fifty dollars, to be paid out of any money in the treasury not otherwise appropriated. Approved March 9, 1854. ·

CHAPTER 855.

AN ACT to amend an act, entitled, an act to authorize the Chancellor of the Louisville Chancery Court to direct certain streets in Portland to be closed.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the owner or owners of any lot or lots or lands in that part of the city of Louisville, formerly known as eastern and western Portland, to file a petition in the Louisville chancery court and the owner or owners of said lots and lands to be immediately affected thereby, alleging that a reduction of the width of any of the streets or aleys in said eastern or western Portland would not inconvenience the public, but would benefit the owners of said lots or lands adjoining the said reduction; and upon proof of such allegation, said court shall direct and decree said street or streets or alleys to be reduced in width, in such manner as to the court may seem proper, and the reduction, when made, shall belong to the property holders contiguous to the same; and the chancellor may, upon a like proceeding, close any of the said alleys or streets, and the same, when so closed, shall belong, in equal moieties, to the owner or owners adjoining on either side: Provided, that no street shall be reduced to a less width than sixty-six feet, under the authority conferred by this act: Provided further, that High street shall not be reduced to less than eighty feet in width, and that no street between said High street and the canal shall be diminished unless by a recommendation of a majority of the property holders, and no streets shall be reduced in the town of Portland.

Approved March 9, 1854

1854.

CHAPTER 856.

AN ACT giving the Boyle, Washington, Mason, Fayette, aud Scott coun ty courts power to levy a tax on dogs.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act the county courts of, Boyle, Washington, Mason, and Scott counties, a majority of the justices concurring therein, may and they are hereby authorized and empowered. to levy annually a tax not exceeding one dollar on each dog owned by each and every housekeeper in said counties, over and above two, the tax to be appropriated to the common school fund of said counties respectively. That each citizen may keep two dogs, and the same are hereby exempt from taxation.

§2. That from and after the passage of this act, the county court of Fayette, (a majority of all the justices concurring therein,) may, and it is hereby authorized to levy annually, and to collect as the other county levies are

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collected, a tax not exceeding one dollar on each dog, beyond the number of two, above the age of six months, owned, kept, or harbored by any housekeeper in said county; the proceeds of said tax, of each year, to be applied pro rata to the indemnity of those persons who may have had sheep or other stock destroyed in the county by dogs in such year, according to such rules, concerning the production and proof of claims and the distribution of the money, as said county court may from time to time establish; and any surplus of the tax beyond what is necessary for the indemnification aforesaid, and the payment of the expenses thereof, shall be appropriated to the common school fund of said county. But each housekeeper in said county may own, keep, and harbor two such dogs exempt from the tax hereby authorized; and every such dog, over two, owned, kept, or harbored by any housekeeper of the city of Lexington, and which may be listed for city taxation, shall be exempt from this tax. Every dog kept or harbored by any member of the family, white or black, of any such housekeeper, and on his or her premises, shall be considered, for the purposes of this section, as harbored by such housekeeper.

Approved March 9, 1854

CHAPTER 857.

AN ACT to incorporate the Commissioners of the Sinking Fund for Ma

son county.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That for the purpose of providing for the punctual payment of the interest, as it shall fall due, upon the bonds already issued and which may be issued by the county of Mason to different railroad companies, or to any other corporations or persons, and for the final liquidation and redemption of such bonds, or the payment of any debt or debts created by said county for works of internal improvement, a sinking fund is hereby established, to be made up of the dividends accruing to said county on stocks owned in any railroads or turnpike roads running through or located in said county, remaining in the hands of the county treasurer at the expiration of each fiscal year, after all claims against the county for other purposes shall have been paid off, and of the annual tax levied and to be levied in said county for railroad purposes; which said fund shall be forever set apart and held sacred for the objects of this act.

2. The county court of Mason county, a majority of all the justices of the peace being present, shall, at its March or April term, for the present year, or at the first term thereafter at which such majority shall be present, appoint three fit persons, who shall be and they are here

by constituted commissioners of the sinking fund for Mason county. The said court, as above constituted, shall have at any time, for good cause shown, the power to remove any or all of said commissioners, and to fill any vacancy or vacancies thereby or in any other way made. The said commissioners shall appoint one of their number treasurer, annually; and such treasurer, before he receives any moneys under the provisions of this act, shall execute bond with surety or sureties, to be approved by the county court, in double the sum which it is expected he will receive during the year, and conditioned to account for and pay over, on the order of said commissioners, all funds which shall come into his hands under the provisions of this act; and said treasurer shall receive for his services not exceeding one per cent. of all moneys he shall collect and pay over.

§ 3. All the sources of income devoted by the first section of this act to a sinking fund for the county of Mason, shall be under the control and management of said commissioners, who shall be charged with the payment of the interest as it may accrue on the bonds heretofore mentioned; and they shall from time to time invest the surplus money of said fund in a safe and profitable manner, in order that the said fund may accumulate.

§ 4. The sheriff shall, from time to time, pay over all taxes raised for railroad purposes to the treasurer of the said commissioners of the sinking fund as he shall collect the same, under the penalties prescribed by law for failing to pay over the state revenue, and take duplicate receipts therefor, one of which he shall lodge with the clerk of the county court. The commissioners aforesaid shall see that the sheriff collects and pays over, according to law, the said taxes, and shall institute legal proceedings against him in case of failure.

5. The said commissioners shall be a body corporate, and shall have perpetual succession, may sue and be sued, and may do all and singular every act which similar bodies corporate may rightly do, and shall be known and designated by the name and style of the Commissioners of the Sinking Fund for Mason county.

§ 6. Said commissioners shall have power to purchase in any bonds of said county issued as aforesaid, on such terms as they may deem expedient, and the same shall be burned in presence of the presiding judge of said county, and the clerk of the county court. They shall annually, at a term of court to be determined by the county court, make a full written statement of the condition of the fund and of their proceedings; and they shall keep a record of all their transactions, in a well bound book, at all times accessible to the presiding judge.

1854.