1850. name & style. CHAPTER 381. AN ACT to incorporate a Company to construct a Plank Road from Hopkinsville to Green River. SEC. 1. Be it enacted by the General Assembly of the ComCorporate monwealth of Kentucky, That a company is hereby incorporated, under the name and style of the Hopkinsville and Green River Plank Road Company, for the purpose of constructing a plank road from Hopkinsville, by Madisonville, to the most eligible point on Green river, or from Hopkinsville, along the most suitable and practicable route to the most eligible point on Green river, and from Hopkinsville along the most suitable and practicable route to the Tennessee State line, at some point in Christian county, which may be determined upon by the President and Managers as hereafter appointed. opened. Com'rs. SEC. 2. The capital stock of said company shall be fifty Capital stock: thousand dollars, to be divided into shares of fifty dollars each; the capital stock may be increased hereafter, if found necessary to the completion of the road by the President Books to be and Managers. Books for the subscription of stock shall be opened on the first Monday in May next, or at such other time as the Commissioners may deem advisable, and continue open for two years, at the following places and under the direction of the following Commissioners: at Hopkinsville, J. J. Lampton, R. R. Lansden, Samuel A. Means, John P. Campbell, W. S. Talbot, N. E. Gray, Z. Glass, John A. McConnell, D. S. Hays, and David Hoosier; at Madisonville, Orlean Bishop, A. Gordon, George W. Noel, J. B. Frost, Sam. Morton, William Bradley, and John L. Woolfolk, and at such other places as said Commissioners, or any three of them, may direct. The subscribers to stock shall sign in said book the following obliObligation of gation, viz: "We do severally bind ourselves to pay the sum of fifty dollars for each share of stock set opposite our respective names, to the President and Managers of the Hopkinsville and Green River Plank Road Company, in such sums and at such times as they may direct. Given under our hands this day of Subscribers. 18-." SEC. 3. That so soon as one hundred shares are subscribed, it shall be the duty of the Commissioners, or of such of them as may act, to give notice by publication in some newspaper published in Hopkinsville, and by a notice at Madisonville and other public places between Hopkinsville and Green river, for ten days, calling a meeting of the stockholders in Hopkinsville, for the purpose of choosing a President, Treasurer, and four Managers of said road, at which, and at all subsequent elections, each stockholder shall have one vote for each share of stock held by him. The Treasurer shall collect and disburse all moneys payable to, and to be disbursed by said company. The Managers may require of him such bond and security as they may deem necessary or proper for the faithful performance of his official duties, which bond shall be made payable to them and their successors, and in their name suit may be brought for a breach thereof, from time to time. 1850. Calls on stock. SEC. 4. The President and Managers may call in said stock at the rate of ten per eent. for each forty days, and upon failure to pay when demanded, the amount so demanded shall bear interest at the rate of ten per cent. per annum, and the President and Managers may double the call. Any subscriber may pay his subscription in work at the usual cash price for labor on said road: Provided, he may be paid in shall work at such times and places as the President may direct, or in lumber such as may be used on the road, to be received and approved by the President and Managers, or under their direction. SEC. 5. The President and Managers shall have power to locate and lay out said road, and to receive releases for the right of way, which shall be taken in writing, and after said road shall have been marked out and located, no action at law shall be maintained against said company for damages done, or for recovery of the ground over which the road may pass, unless the same be brought within twelve months from the time said company, or their contractors, may commence working on said land. SEC. 6. The said company may construct the road on such grade of elevation as they may think best, and shall grade the road not exceeding thirty feet wide, which may be reduced in a side cut in a hill or in any street. The plank part shall be made not less than eight feet wide for a single track, and not less than sixteen feet wide for a double track, and constructed of plank not less than three inches thick and eight feet long, and of longitudinal sills or sleepers not less than four inches square. It shall be the privilege of each individual through whose land the road may pass, and who may subscribe stock, to work out the value of his stock through his land at the estimated prices for the labor to be done, or he shall have the preference, at the lowest bid, to pay said stock in labor on the same terms. Subscriptions work. Managers to lay out road and receive relinquishments of right of way. President and Grade of road to be fixed. Toll gate to be erected for each SEC. 7. The company may have a toll gate every five miles, or so arranged as to average a gate for each five five miles. miles on said road; and may, when said road is graded, set up said gates, and so regulate the tolls as not to produce a greater dividend than three per cent. per annum; and when five continuous miles shall be completed, the tolls on such part may be increased as to yield six per cent. per annum: Provided, that should said company place their gates ten or fifteen miles apart, they may charge double or treble toll at each gate. SEC. 8. The President, Managers, and Treasurer, from 1850. Trustees Hopkinsville in roads. time to time elected, shall take an oath well and truly to discharge the duties of their respective offices. SEC. 9. That the Board of Trustees of the town of Hopof kinsville, may, on behalf of said town, subscribe for any may take stock amount of stock in the Hopkinsville and Green River Plank Road Company, not exceeding fifteen thousand dollars, and they shall subscribe, raise, and pay said subscription, in like manner and upon like terms and conditions as is provided for the subscribing, raising, and paying to the Hopkinsville and Cumberland River Railroad Company, by an act, entitled, "an act to increase the powers of the Trustees of the town of Hopkinsville," approved February 18, 1848: Provided, said Trustees shall have the power to direct where such appropriation shall be expended on said road. President and to be inspected Treasu'r's books by Managers. General cor porate powers and privilegea. May make a gravel road. SEC. 10. The books kept by the President or Treasurer shall, at all times, be subject to the inspection of the Managers, or of any one of them, or of any individual stockholder. The Managers, a majority concurring, may remove the Treasurer from office, upon which they shall immediately advertise a meeting of the stockholders to elect another Treasurer. SEC. 11. That as soon as the company is organized, the President, Managers, and other officers, shall possess all the powers, authority, rights, and privileges, and may do all other things necessary for laying out, locating, carrying on, and completing said road, and shall be subject to all the duties, qualifications, restrictions, penalties and forfeitures, (if any,) and shall be entitled to like tolls and profits as are given, granted, and prescribed, in the acts incorporating the Paris and Winchester, and Kentucky River Turnpike Road Company, except so far as the same may come in collision with the foregoing section; and the provisions of said act, so far as it relates to the said Paris, Winchester, and Kentucky River Turnpike Road Company, are hereby enacted as part hereof, so far as they are not local in their application, or may conflict with the foregoing sections. SEC. 12. That if, after the organization of this company, MCA damized or they shall deem it prudent to make a McAdamized or gravel road instead of a plank road, over any part of the proposed route, they are hereby empowered so to do, with the capital stock above prescribed, and with the above granted privilege of increasing said capital stock, as found necessary, and under all the responsibilities, restrictions, and privileges, imposed and conferred upon the Paris, Winchester, and Kentucky River Turnpike Road Company, in the act incorporating the same. SEC. 13. The President and Commissioners of this road President and are hereby authorized to call upon the superintendent or obtain aid of the engineer upon the Green or Barren River Navigation for Superintendent his aid and assistance in locating or surveying, or in caus Managers may ing to be located or surveyed, the said road; and any ex- 1850. pense incurred by said engineer or superintendent shall be of Green charged to the Green and Barren River Navigation, as in the case of repairs of said improvement. Barren rivers. and Court may take SEC. 14. That the Christian County Court may subscribe Christian City stock in said company, by an order directing its Clerk to stock. make such subscription, and the same, when made, shall be obligatory on said county; and to enable said county to pay such subscription, when made, said court is hereby empowered to levy a tax on the lands and all the estate in said county, subject to State revenue, not to exceed six cents on the one hundred dollars worth of property in any one year; and said tax, when levied, shall be collected by the Sheriff of said county, and by him paid over to the county Treasurer, on or before the first day of January next succeeding the year in which the same is levied and to be paid; and the county Treasurer shall pay the same at such times and in such manner and amounts as shall be required of him by the President and Managers of said company: Provided, that said County Court shall not subscribe for stock in said road, unless by a vote of the qualified voters of said county or a majority of those voting shall instruct the court to make the subscription; said vote to be taken at any annual election that said County Court may direct, upon a poll being opened therefor: And, provided further, that said County Court shall have the power to direct on what part of said road the money, so subscribed, shall be expended. Approved March 5, 1850. Vote of county to be taken on subscription of stock. CHAPTER 382. Names of comto open books. AN ACT to charter the Louisville and Nashville Railroad Company. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Col. Thomas Anderson, James missioners S. Speed, James Guthrie, Levin L. Shreve, and William F. Bullock, of the city of Louisville; Robert N. Miller, Joshua F. Speed, David Meriwether, Thomas S. Camp, and Edward D. Hobbs, of the county of Jefferson; J. G. Guthrie, C. D. Shean, Daniel K. Haycraft, S. B. Thomas, John Cofer, John L. Helm, and George L. Miles, of the county of Hardin; George T. Wood, David Highbaugh, Thomas Lafferty, William Lewis, J. B. Cobb, O. G. Waggener, W. H. Powell, Aden Combs, and George Garland House, of the county of Hart; Israel A. Cook, William Ford, Ambrose Kirtley, W. C. Lucas, and A. M. Barret, of the county of Edmonson; Samuel Murrell, Henry Grider, John B. Helm, Warner L. Underwood, Thomas Quigley, and Benjamin C. Smith, of the county of Warren; John Hoy, Noah Hampton, Standford Duncan, W. H. McGoodwin, L. Finn, 1850. Name & style of company. and William H. Wooten, of the county of Simpson: R. F. Samuels, R. H. Field, H. F. Kalfus, H. C. Thomas, N. C. Summers, W. R. Thompson, N. P. Sanders, and W. B. Hamilton, of the county of Bullitt; C. Nourse, Jos. Brown, D. S. Howell, C. P. Matingly, J. M. Doom, E. B. Smith, G. W. Hite, James M. Brown, S. Johnson, John H. Talbott, T. W. Riley, and T. P. Linthicum, of the county of Nelson; S. W. D. Stone, J. H. Rodman, John Duncan, W. P. Read, W. L. Morris, W. Howell, and J. P. Hamilton, of the county of Larue; A. Watkins, J. G. Hardy, P. J. Kirtley, G. W. Trabue, F. Gorin, A. Trigg, R. Murrell, John T. Rogers, James Page, W. E. Munford, J. P. Bates, and W. J. Wood, jr., of the county of Barren; John H. Page, W. F. Evans, A. A. Harvey, Samuel Carpenter, Walter Thomas, R. J. Foster, James C. Mulligan, and James Stark, of the county of Allen; Josiah Brummell, John Barret, W. B. Allen, Woodson Williams, and Peter Anderson, of the county of Green; A. Hoskins, R. Calvin, Alfred Hazlewood, A. F. Gowdy, Ignatius Abell, and W. N. Marshall, of the county of Taylor; be and they are hereby appointed commissioners, under the direction of whom, or any three of them, in each of said counties and city aforesaid, subscriptions may be received to the capital stock of the Louisville and Nashville Railroad Company, hereby incorporated; and they may cause books to be opened at such times and places as they may direct, for the purpose of receiving subscriptions to the capital stock of said company, after having given such notice of the times and places of opening the same as they may deem proper; and after the first opening of said books, Commission they may continue them open for such time, and may adtice of opening journ to such places, as they may deem expedient; and if such a subscription to the capital stock of said company as is necessary to its incorporation shall not have been obtained, said commissioners, or a majority of them, may cause the said books to be opened and kept open, from time to time, and at such places as may seem expedient, for the space of two years thereafter, or until the sum necessary for the incorporation shall be subscribed: Provided, that any subscription, tendered at any time or place other than that advertised by said commissioners, if accepted by them, shall be as valid against the party subscribing as if received at the time or place advertised; and if any of said commissioners shall die, resign, or refuse to act, during the continuance of the duties devolved on them by this act, another may be appointed in his stead by the remaining commissioners, or a majority of them, of the county for which the said commissioner, so not acting, was appointed a commissioner. ers to give no books. Books may be kept open. SEC. 2. Be it further enacted, That the capital stock of Capital stock. said Louisville and Nashville Railroad Company shall be three millions of dollars, in shares of one hundred dollars |