directors, and fill vacancies thus made, in the same manner that they could at their stated annual meetings. 1854. How treasurer to be elected, and what requir §8. That the president and directors of said company, or a majority of them, or a majority in value of the stockholders in said company, at any of the stated or called ed of him meetings of the stockholders, shall have power to elect a treasurer of said company, and require him to execute bond in such penalty and with such securities as they may prescribe, payable to said company, and conditioned for the faithful keeping and disbursing of all such moneys as shall come to his hands, and with such other conditions as may be prescribed; upon which said bond, recovery may be had for a breach of the condition thereof, by suit in the name of the president and directors of said company, in any court having jurisdiction thereof. §9. That the said president and directors, or a majority of them, may appoint all such officers, agents, or servants, as they may deem expedient for the business of the company, and they may remove any of them at pleasure; that they, or a majority of them, may determine by contract the pay of such officers, agents, or servants, and regulate by by-laws the manner of adjusting all accounts against the company; that they shall have power to erect warehouses, work shops, depots, and all other buildings necessary for the transaction of the business of the company; that they shall have power to direct and regulate in what manner and by what evidence stock in said company may be transferred; and to pass all by-laws they may deem necessary or proper for exercising the powers hereby vested in said company, and for carrying into effect this act: Provided, the same shall not be contrary to the laws of the United States or of this state. § 10. That the president and directors of said company are hereby vested with all the powers and rights necessary to the construction of a railroad from Greenupsburg, in Greenup county, to Grayson, in Carter county, the route to be by them selected and determined, not exceeding sixty feet wide; and that they may cause to be made contracts with others for making said railroad, or any parts of it. They, their agents, engineers, &c., or those with whom they may contract for surveying or making the same, or any part thereof, may enter upon, use, and excavate any land which may be wanted for the site of said road, and its use, or for any other purpose necessary or useful in the construction or repair of said road, or its works and appurtenances; and they may build bridges and construct tunnels, they may fix scales and weights, lay rails, take and use any earth, timber, gravel, stone, or other material which may be necessary or useful for the construction, completion, or repair of said road. § 11. That the president and directors of said company, or a majority of them, or their authorized agents, may Other officers to be appointed. their pay &C. Power of erec. buildings. ting President and directors to con tract for making road,&c. How right of way may be had. 1854. agree with the owner or owners of any land, for earth, timber, stone, or other materials, or any improvements which may be wanted for the construction or repair of any of said roads, or any of their works, for the purchase, or use, or occupation of the same; and if they cannot agree, and if the owner or owners, or any of them, be a feme covert or under age, non compos mentis, or out of the county in which the property wanted may lie, where such land or materials may be wanted, application may be made to any justice of the peace of such county, who shall thereon issue a warrant under his hand, directed to the sheriff of such county, directing him to summon a jury of twenty householders of the county, not related or in any wise interested, to meet on the land, or near the property or materials to be valued, on a day named in said warrant, not less than five or more than ten days after issuing of the same; and if at the time and place, any of said jurors do not attend, said sheriff shall forthwith summon as many jurors as may be necessary, with the jurors in attendance, and from them each party, or, if not present, by agent or otherwise, the sheriff then for the party absent may strike off four jurors, and the remaining twelve shall act as a jury of inquest of damages; and before they act as such, the sheriff shall administer to each of them an oath or affirmation, that he will justly and impartially fix the damages which the owner or owners shall sustain, by the use. and occupation of the said property required by the company; and the said jury, in estimating such damages. shall take into consideration the benefits resulting to the owner from conducting said road by, through, or near the property of such owners, but only in extinguishment of damages; and said jury shall reduce their verdict to writing, and shall sign the same, and it shall be returned by the sheriff to the clerk of his county court, and by such clerk it shall be filed in his office, and shall he confirmed by the county court of such county at its next session, if no sufficient cause to the contrary be shown; and when so confirmed shall be recorded by said clerk, at the expense of said company; but if set aside, the court may direct another inquisition to be taken, in the same manner above prescribed; and such inquisition shall describe the property taken or the bounds of the lands condemned, and the duration of interest in the same, valued for the company; and such valuation, when tendered or paid to the owner or owners of said property, or his, her, or their legal representatives, or the clerk of the county court in which said inquest is held, for their use, where said owners, &c., do not reside in said county, shall entitle said company to the estate and interest in the same, thus valued, as fully as if it had been conveyed to it by the owner or owners of the same; and the valuation of the same, if not received when tendered, may at any time thereafter be received from the company, without cost, by the owner or owners, his or her legal representatives, or heirs: Provided, that in no case shall the assessed value of the land taken by said company be set off against or discounted by the estimated or supposed advantages to the adjoining lands. 12. That whenever, in the construction of said road, it shall be necessary to intersect any other established road or way, it shall be the duty of said corporation so to construct said road across such road or way as not to obstruct the passage of persons or property along the same; or if it shall be necessary to pass through the land of any person, it shall be its duty to provide for such person, wagon ways across said railroad, from one part of the land to the other; and upon failure thus to provide such cross roads, it shall be lawful for the person or persons injured to sue said company, and recover such damages as a jury may think him or her entitled to for such neglect. § 13. That whenever it shall be necessary for said company to have, use, or occupy any land or materials, or other property, in order to the construction of said road, or the repair of any part thereof, or their works or buildings, said company, or their agents, or those contracting with them for work or repairing the same, may immediately take and use the same, having first caused the property wanted to be viewed by a jury, (formed as hereinbefore prescribed;) and it shall not be necessary, after such view, to wait the issue of the proceedings upon such view, before the same is used or occupied; and said inquest, after payment or tender of the damages assessed, shall be a bar to all actions for taking or using such property, whether begun before or after such confirmation, or the payment of such valuation. Power to put tion, and when. Rates of toll §14. That said company shall have power to purchase with the funds of said company, and place on any rail- road in opera roads constructed by them under this act, all machines, wagons, vehicles, or carriages of any kind, which they may deem proper for the purposes of transportation on said road; and they shall have the power to charge for tolls, and the transportation of persons and merchandise, and property of any kind whatever, transported along said railroad, any sum not exceeding the following rates, viz: on all goods, merchandise, or property, for every one hun- to be charged. dred pounds six mills per mile, and for persons, not exceeding four cents per mile, and for every species of live stock and every other description of freight or property, they shall charge no greater rate than is authorized to be charged on the railroad from Lexington to Big Sandy. That it shall not be lawful for any other company, or any other person or persons, to travel upon, or use any of the roads of said company, or to transport persons or property, without the license or permission of the president and directors thereof; and that the said road or roads, with all 54-VOL. II. Interference with road, how prevented. 1854. When ments ma e. to be their works, improvements or profits, and all the carriages, vehicles, and machinery for transportation used thereon, and all other species of property thereunto belonging, are hereby vested in said company, incorporated by this act, and their successors forever. § 15. That the president and directors shall, annually or settle semi-annually, declare and make such dividends as they may deem proper of the net profits arising from the resources of said company, after deducting the necessary current and probable contingent expenses, and that they shall divide the same among the stockholders of said company in proportion to their respective shares. injuring road or any fixtures pertaining thereto. § 16. That if any person shall willfully, by any means Penalties for whatever, injure, impair, obstruct, or destroy any part of said railroad constructed for said company under this act, or any of their works, buildings, carriages, vehicles, or machinery, such person shall, for every such offense, forfeit and pay to the said company a sum not exceeding one thousand dollars, recoverable in the name of said company, by action in the circuit court of the county wherein said offense shall have been committed, and shall also be subject to indictment by the grand jury of said county, in said court, and upon conviction of said offense, the offender shall be imprisoned in the jail and penitentiary of the state, not less than one nor more than five years, in the discretion of a jury. When they § 17. That so soon as the company shall have completed three miles of their route, they may commence and may commence prosecute their business, upon the terms and stipulations herein provided, as though the whole work were completed. business. bridges, &c. 1 § 18. That if said company, in the construction of said Power to build road, shall deem it necessary and expedient to erect a bridge or bridges across Little Sandy river, said company may have the right to construct said bridge or bridges so as to admit of the passage across it of vehicles of every description whatever, also of horses, mules, cattle, hogs, sheep, and all other stock, and to charge the same as is charged on other bridges of like character in this state. subscriptions in lands, coalb'ks, &c. §19. That said company may receive subscriptions of May receive stock in said road, in lands, coal banks, or any other minerals, at such valuation as may be agreed on, by the person or persons proposing to subscribe such stock, and the commissioners heretofore appointed, or the president and directors; but no subscription of stock as aforesaid shall be obligatory, until the contract shall be reduced to writing, according to the laws in force in reference to the sale of real estate in this commonwealth. And all acts and parts of acts that come in conflict with this act, are hereby repealed. And this act shall take effect from its pas sage. Approved March 10, 1854 CHAPTER 884. AN ACT for the benefit of the Lexington and Frankfort Turnpike Road §1. Be it enacted by the General Assembly of the Commonwealth § 2. That the president and directors of said company shall have full power to fix and regulate the tolls on said road, in such manner and at such rates as to them may seem to the best interest of the stockholders: Provided however, that no toll shall be charged at a higher rate than the maximum rates fixed by the charter of the Lexington and Richmond Turnpike Road Company. Approved March 10, 1854. 1854. CHAPTER 885. AN ACT authorizing the county of Anderson to take and hold stock in certain roads in within said county. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the county of Anderson to subscribe and hold stock in any company formed for the purpose of making a stone or gravel turnpike or a plank road within said county, as provided in the Revised Statutes, chapter 103, and may levy and collect an annual tax on all the real and personal property of the county assessed for the state revenue, sufficient to meet and pay in said subscriptions of stock as the same may fall due. § 2. No such subscription shall be made unless the same shall have the sanction of a majority of the votes cast under the submission of the question to the voters of the county, at an election to be held at the regular voting places of said county, to be conducted in the manner of other elections, and by officers appointed in the same way. § 3. The election may be held whenever directed by the county court of said county, and the order for holding the same shall, by general description, specify the contemplated road or roads, and the amount of stock per mile intended to be taken, and may contain other terms and conditions, not inconsistent with the laws of the state, which shall have effect and be observed in case the stock is subscribed: Provided, that an election shall not be held in less than one month after the order is made. |