construction of the road, or they may distribute the same as dividends to the stockholders. At all of said gates the rates

shall be prescribed by the directors, not to exceed the rates fixed by the General Statutes.

lands.

property.

4. The president and directors, or their engineer, shall May eater upon have the right to enter upon any lands, and survey out said road, and examine any gravel-pits or timber necessary for the construction or repair of the same or any lands adjoining or near said road; and if no satisfactory agreement can be made with the owner for same, the president and directors, or a majority of them, may, by order, apply to the circuit court clerk of the county where the land lies, upon which the gravel or timber is situated, or the part of the road in regard to which the right of way is refused, whose duty it shall be to issue a writ of ad quod damnum, to assess the damages May condemn which any such dissatisfied owner of any such land, gravelbeds, or timber shall sustain; and the jury shall take into consideration, in assessing the damages, the advantages and disadvantages of said road. Said writ shall be directed to the sheriff of said county, and he shall, in dve days after the writ, summon a jury of twelve men, qualified under the law as petit jury men in civil suits, and each party shall have three challenges peremptory. Said sheriff shall swear the jury after they are selected as they are directed to be sworn in other cases of writs of ad quod damnum, preside during the trial, issue subpoenas, swear witnesses, and decide all points of law presented on the trial, and shall return the writ to the circuit court clerk, with the verdict of the jury; and the said company, upon payment of the sum fixed in the verdict to the party claimant, his agent or attorney, or if he has no agent, by paying it to the clerk of said court for said claimant, or by tendering it to either of said parties, shall be vested with the right of way, and to control and use all gravel-beds, land, and timber so condemned as aforesaid. Either party may, within two days after the return of the writ, file exceptions as to the error in the amount assessed, and the clerk shall docket said exceptions as other cases at common law; but the said company shall not, in the meantime, be hindered in the prosecution of their work by the pendency of the exceptions after a tender, but may proceed and have all the rights to the same extent as if said sum had been accepted. The party who fails in sustaining his exceptions shall pay

Conmissioners.

may be elected.

the costs, for which execution shall issue as in other cases, but the road shall pay the cost incurred on the trial of the original writ in the county. The rule laid down in chapter ninety-four, article one, section eight, of General Statutes, shall apply in all cases under this act.

$5. J. R. Puryear, Ed. Farley, J. H. Asheraft, R. C. Utter. back, and Joseph Starr are hereby appointed commissioners to open books and receive subscriptions of stock to said road, either or all of whom may act. The capital stock of said road shall not exceed one hundred thousand dollars, divided into shares of twenty-five dollars each.

§ 6. Whenever three dollars or more is subscribed, pubWhen officers lie notice shall be given in some newspaper published in Paducah, for ten days, of the time and place of meeting of the stockholders, who shall have one vote for every share of stock, and may vote in person or by written proxy; and they shall proceed to elect a president and six or more directors, a treasurer and secretary, all of whom shall hold their office for twelve months, and until their successors are qualified. Elections shall thereafter be held annually at such times and places as the board of directors. may direct, notice of which shall be given in some newspaper published in Paducah for five days before the election. The treasurer shall execute bond, with good security, for the discharge of such duties as the directors may impose upon him, and the safe keeping and payment of all sums of money which he may receive to the order of the president and directors, upon which bond or covenant he and his securities may be sued for any breach. Said bond shall be filed with the county clerk of McCracken county, and by him safely kept, and each successive treasurer shall execute a like bond, to be approved by the president and directors, and filed as aforesaid. At the first or subsequent annual meeting of the stockholders for the election of their president and directors, &c., they may also fix and determine the salaries to be paid their officers, and the sums thus fixed shall not be altered except by vote of the stockholders at some regular annual election.

$7. As soon as said election is held, said president and directors shall constitute and be a body-politic and corporate, under the name and style aforesaid, and be vested with all the powers herein before specified, and shall have perpetual

succession, and have all the franchises usually granted to similar corporations.

§ 8. The president and directors shall have kept by the secretary a book showing all their proceedings, and shall meet at least every three months at such times and places as said president may direct, of which each director shall be notified, and a majority of directors shall constitute a quorum to transact business.

§ 9. As soon as the president and board is organized as aforesaid, they shall have the road located by a competent engineer from Paducah to Mayfield, beginning at the south end of the bridge on Cross creek, at city limits on said road, as nearly as may be upon the present State road, but may leave said road whenever, for any reason, the directors may see proper, as provided in section four of this charter, and may branch to any point in the counties of Marshall or Ballard whenever they see proper.

§ 10. The president shall give notice of the amount of call on each share of stock, and of the time of payment; and if any stockholder shall fail to pay his amount of stock so called for for the space of thirty days after it is due, it shall draw ten per cent. interest, and if not paid in six months, the stock of such stockholder shall be forfeited to the company, and the president shall sell said forfeited stock at public sale, and the proceeds shall go into the treasury of the company. No stockholder shall, at any time, vote after the first election, who has not paid up all calls on his stock. The company may, if it sees proper, issue its bonds, not exceeding twenty thousand dollars, in such sums, and bearing such rate of interest as the company may deem proper, not exceeding eight per cent. per annum, and may sell the same.

§ 11. That if any person shall go around or turn off of said road, with intent to avoid the payment of toll, or force themselves through the gates without paying the toll, he or they so offending shall be fined ten dollars, to be recovered by a warrant before any justice of the peace for the use of the road, and said judgment shall be collected as other judgments or fines are collected.

§ 12. All acts or parts of acts in conflict herewith are here by repealed; and this act to take effect from its passage. Approved March 20, 1880.

Town limits

elected.

CHAPTER 457.

AN ACT to incorporate the town of McKinney, Lincoln county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the town of McKinney, Lincoln county, is established and incorporated, with the lots, streets, and alleys and land, in the following boundary, to-wit: There shall be planted a stone mid-way between the Cincinnati Southern Railroad depot and the White Sulphur Hotel, which shall designate the center of said town; and the boundary line shall extend one half of a mile from said point towards the four points of the compass, making one mile square.

§ 2. A police judge shall be elected by the qualified voters Police judge of said town on the first Saturday in June in each year, the marshal at all times being chosen by the board of trustees, and T. J. Lane and J. D. Yocum is hereby commissioned to fill those offices, respectively, until the first regular election of officers.

Board of t. us:ee.

May levy tax.

§3. That George W. Schultz, John A. Williams, Henry C. Jones, Alex B. Owens, and Samuel Montgomery, be, and are hereby, appointed trustees of said town, who shall choose one of their body as chairman, and a majority shall constitute a quorum to do business, and they shall remain in office until the first Saturday in June, 1880, when trustees shall be elected by the qualified voters of the said incorporation.

§ 4. The trustees are empowered to pass such by laws and enact such regulations as may be necessary for the good government and well-being of said town, not in contravention with the Constitution and laws of the Commonwealth, and to fill any vacancy in every office created by this act that may

occur.

5. The board of trustees shall consist of five members, who shall have a clerk of their own choosing, who shall keep a record of the proceedings, and such proceedings shall be subject to the inspection of the citizens at any time; and all by-laws or ordinances passed by the trustees shall be posted up by the clerk in not less than three public places in said town, and not less than ten days before the same act shall take effect.

§ 6. Said trustees shall have power to levy a tax on all persons living in said town, or owning property in the corporate limits, not exceeding twenty-five cents on the one hundred

dollars' worth of property, ad valorem; also the power to impose a poll tax of not over one dollar on each male citizen over the age of twenty one years, all to be applied to meet the expenses incident to incorporation, such as the payment of salaries, street repairs, &c.; and all fines and forfeitures are to be applied by the trustees in such a manner as will be beneficial to the town.

§ 7. The trustees shall have power to procure, by purchase or otherwise, a lot of ground on which to build a guard-house, by subscription or otherwise, for the keeping of prisoners, under the same rules and regulations as govern the county jail. Said guard-house to be kept by the marshal, who shall have all the privileges and compensations allowed the keeper of the Lincoln county jail for like services.

8. The said trustees shall have the power to levy a tax on all theatrical performances, shows, and exhibitions of all kinds, in any sum not exceeding ten dollars for each exhibition on any one day, and shall have the right to grant hotel license, with the privilege of retailing spirituous liquors, in any sum not to exceed one hundred dollars per annum. They shall have the power to levy a tax on any peddler, in the sale of any line of goods within the limits of said town, in any sum not to exceed five dollars for each day.

9. Said officers, including the police judge and marshal, shall, before they enter upon the duties of their office, take the oath prescribed by law, and the marshal shall execute bond in the county court in a sum of not less than five hundred dollars, with approved security, conditioned faithfully to discharge the duties of his office.

10. Said police judge shall have concurrent jurisdiction with justices of the peace in Lincoln county, in all criminal and penal cases, and charge the same fees for services as justices of the peace are allowed to charge. The marshal shall have concurrent jurisdiction with constables of Lincoln county, and charge the same fees for services.

§ 11. The election of trustees and police judge shall be con- Election of offiducted by some good citizens appointed by the acting board cers. for that purpose, and shall be held at such place as may be designated by the board; and the return of the names of the persons elected shall be made to the secretary of the board, and shall be by rim recorded in their books. At least five - days' notice of the time and place of holding the election.