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1873.

lector.

hundred dollars, shall entitle the holder to one share of stock in the railroad company for which and in which the taxes may be levied by the county court of said county.

§3. It shall be the duty of, and the collector is empowPowers of col- ered to collect, all the Elizabethtown, Lexington, and Big Sandy Railroad taxes; and in making said collections, shall have the same powers as are now given to sheriffs by law to enforce the collection of the same.

Tax to entitle cate to stock in

holder of certifi

amount of $100.

To whom tax to be paid over.

§ 4. It shall be the duty of the collector, when collections are made by him, to give the tax-payers a certificate of the amount paid by him, setting forth in such certificate what amount in tax and what damages; which certificate, when amounting to one hundred dollars in tax (exclusive of damages), shall entitle the holder to one share of stock, as provided for by the second section of this act. He shall have seventy days, after the 25th of November, to collect and pay over the taxes unpaid, and shall be subject to the same penalties and amercements for a neglect of duty as sheriffs are subject to for a failure to collect and pay over the State revenue; and any taxes not paid by the 25th day of November of each year the collector can coerce the same, with ten per cent. damages; and the remedy shall be by motion in the county court, in the name of the county court against the collector and his sureties in his official bond, or by suit in the name of the county court upon said bond, in the Montgomery circuit court.

§ 5. The money received by the collector and receiver shall be paid over by him to the county court, or the committee or agent appointed by said court to receive the same, as soon as sums of five thousand dollars are received by him.

§ 6. The collector shall make a settlement of his accounts at any time that may be appointed by the court, which shall be composed of the judge and justices when the taxes are levied.

§ 7. That the act having the same title as this bill, approved 1st March, 1873, is hereby repealed.

8. This act shall take effect from its passage; but is not to control the taxes collected for the year 1872.

Approved April 16, 1873.

Corporators'

names.

CHAPTER 826.

AN ACT to charter the Southern Land and Construction Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That Joseph Monks, William C. Hall, Charles Cobb, John S. Long, and M. Barbour, their successors and as

1873.

Name and style.

signs, are hereby constituted a body-corporate and politic for the term of thirty years, under the name and style of the "Southern Land and Construction Company;" and under that name shall be able to sue and be sued, plead and be impleaded, contract and be contracted with; and may have a common seal, and alter the same at pleasure. § 2. The capital stock of said company shall be five Capital stock. hundred thousand dollars, with the privilege of increasing the same to one million dollars, divided into shares of one hundred dollars each; and said company shall be authorized to commence business so soon as fifty thousand dollars shall be subscribed to its capital stock. and twenty-five thousand dollars paid in; and it may receive subscriptions to the same, to be paid in land, on such terms as its board of directors may determine.

poration.

§3. The business of said company shall be to purchase, Business of corsell, and improve real estate in this State; to help and encourage immigration thereto; to mine coal or other minerals; to contract for mills, factories, tanneries, or the furnishing of materials therefor; to receive, warehouse, and ship cotton, hides, or other produce, and make advances thereon; but no banking or insurance privileges shall attach hereto.

§ 4. The corporators named in section first shall be the directors of said company for the first year; thereafter directors, five or more in number, shall be elected annually by the stockholders on the second Tuesday of March.

When directors to be elected.

Directors to

5. The board of directors of said company may make such by-laws for the government of the company, and the make by-laws. management of its business, as it may see proper: Provided, The same are not in conflict with the laws of the State or of the United States.

6. The officers of said company shall be a president, Officers. secretary, and treasurer, and such other officers as the board of directors may appoint.

§ 7. The said company may issue bonds to an amount equal to its paid-up capital stock, bearing a rate of interest not greater than ten per centum, and running for such time as its board of directors may determine, and secured by mortgage on its property and franchises.

§8. The private property of the members and stockholders of said corporation shall be exempt from liability for its debts of any description.

§ 9. This act shall take effect from its passage.

Approved April 16, 1873.

May issue bonds and secure same

by mortgage.

No individual liability.

1873.

CHAPTER 828.

AN ACT for the benefit of J. W. Bradburn, of Hardin county, and others.

WHEREAS, During the year 1870 J. W. Bradburn, while engaged in selling merchandise for Wm. Sumner & Co., in Hardin county, Kentucky, was arrested by the sheriff of said county, and fined in the sum of one hundred dollars for selling without license, which fine was paid by Wm. Sumner & Co., fifty dollars (50) of which fine went into the treasury of the jury fund of this Commonwealth; and whereas, His Excellency, the Governor, upon petition, remitted so much of the fine as would go to the State; but the order remitting said fine not reaching the officers of said county until the money was claimed to have been paid into the treasury of the jury fund; now, therefore,

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

§ 1. That the Auditor of Public Accounts be directed to draw his warrant upon the Treasury in favor of Wm. Sumner & Co. for the sum of fifty (50) dollars.

§ 2. This act shall take effect from and after its passage. Approved April 16, 1873.

Tax to be levied for school pur

poses.

school

sioner.

CHAPTER 829.

AN ACT for the benefit of school district No. 30 (thirty), in Butler county.

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

§ 1. That a tax of (15) fifteen cents on each one hundred dollars' worth of property in school district No. 30, in Butler county, be, and the same is hereby, levied and assessed for each year, for the purpose of common schools, to be applied as the other general taxes for school purposes are applied.

§ 2. That the sheriff of Butler county shall collect said Sheriff to collect fifteen cents on each one hundred dollars' worth of proptax and pay to certy listed by all white residents of said district, and pay over the same to the common school commissioner of Butler county, who shall account for, and pay the same to the trustees of said district for the support of common schools, and he shall be responsible on his official bond for all such sums so received by him.

of sheriff.

§ 3. The sheriff shall be allowed the same commission Fees and duties on said taxes pro rata that he is now allowed by law for collecting the revenue; and he and his sureties in his revenue bond shall be liable for the tax so collected, and the same may be collected by writ against them in the circuit court in the name of the common school com

missioner of Butler county, with 30 per cent. damages thereon, if he fails to pay the same upon demand of said

commissioner.

1873.

§ 4. That said taxes shall be due from said sheriff at When tax is due. the same time the county levy of said county is due.

Question of tax to be submitted to

§ 5. This act shall not take effect until it has been submitted to a vote of those persons in the said district people. entitled to a vote in the election of trustees of common schools, and receives a majority of the votes cast upon the question.

of election.

§ 6. That this act shall, at the next May election, be Duties of officers submitted to a vote of the persons aforesaid, by the officers opening a poll therefor; and the question shall be, "Do you vote for or against the fifteen cents school tax ?" If a majority of those voting on the question vote for said tax, the same shall be so certified by the board for comparing the polls, and the sheriff shall proceed to collect the tax from the assessor's books furnished by the county clerk, and enforce the collection in the same manner as the county levy and revenue taxes are enforced; but it is expressly provided that no taxes are hereby Powers of sheriff. levied upon the property of any except white citizens or residents of said district, and none but white persons residents of said district qualified to vote as aforesaid are entitled to vote upon the adoption or rejection of this

act.

§ 7. This act shall take effect from its passage.

Approved April 16, 1873.

CHAPTER 830.

AN ACT to incorporate the Henderson Library Association.

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

Corporators'

names.

§ 1. That Samuel B. Vance, L. C. Dallam, J. L. Rousseau, Charles Eaves, John Young Brown, H. H. Shouse, E. L. Starling, jr., David Clark, D. C. Allin, Maurice Kirby, Ben. P. Cissell, S. K. Sneed, G. M. Alves, James H. McCullagh, John W. Lockett, R. H. Cunningham, Jas. F. Clay, L. W. Trafton, J. Ed. Rankin, B. C. Redford, Thomas Posey, and their associates and successors, be, and they are hereby, incorporated and created a bodycorporate, under the name and style of "The Henderson Name and style. Library Association;" with power to contract and be contracted with, sue and be sued, complain and defend as an individual person; to have and use a common seal, and to alter the same at pleasure, and may act with or without a seal; and to make and enforce such constitution, by-laws,

ers.

1873.

and regulations for the government of the association as may be necessary or proper to carry out the objects and purposes of the association, not incompatible with the constitution and laws of this State or of the United States; and shall have perpetual succession.

§ 2. The object of this association shall be to obtain and Corporate pow- keep for the use of its members, and of others, upon such terms as may be prescribed in the constitution or by-laws, books, pamphlets, publications, engravings, pictures, works of art, maps, philosophical apparatus, or other things which the board of directors may direct; and it may employ lecturers, and cause courses of public lectures to be given.

Capital stock.

Directors to control affairs, and

term of office.

§ 3. The capital stock of said association shall not exceed one hundred thousand dollars, divided into shares of fifty dollars each, which shares shall be personal property, and shall be evidenced and transferable as the association may, by its constitution or by-laws, prescribe; and each share of stock shall entitle the holder to one vote, which may be given in person or by proxy.

§ 4. The affairs of the association shall be managed and conducted by a president, secretary, treasurer, and a board their term of office of directors, in such manner as the constitution and bylaws may prescribe. The board of directors shall consist of not less than five nor more than nine persons, including the president. The directors shall be elected on the first Saturday in December of each year, and shall hold their offices for one year, and until their successors are chosen. Officers and their The president shall be chosen by the directors from among their number, and shall hold his office for one year, and until his successor is duly elected and qualified. The secretary and treasurer shall hold office one year, and until their successors are appointed, and one person may fill both offices. The treasurer shall give bond with good surety for the faithful performance of his duties, which bond may be put in suit, from time to time, and recovery had thereon by the association. The directors may fill vacancies occurring in their own body or in any office, and may create and fill any other offices necessary or proper to carry out the objects of the association.

May borrow

money and issue bonds for same,

securing them by

mortgage.

§ 5. It shall be lawful for said association to borrow money upon notes, bonds, or indorsements, at such legal rates of interest or discount as may be found necessary; and to pledge or mortgage any portion of its property as security for the payment thereof; and may issue and sell its bonds, to run not exceeding twenty years, and bearing interest not exceeding ten per cent. per annum, payable semi-annually, and may secure the payment thereof by mortgage upon its property and estate: Provided, That the aggregate amount of said bonds shall not ex

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