places, and under the care of such persons as they, or a majority of them, may designate, for subscriptions to the capital stock of said company, hereby incorporated; and that said books shall be kept open at least thirty days. If, at the expiration of said period, such subscription to the capital stock of said company, as is necessary for the incorporation of the same, shall not have been obtained, the Commissioners, or a majority of them, may cause said books to be again opened, at such times and places, and under the direction of such persons as they may direct, for the space of three months thereafter, or until the sum necessary for the incorporation of the company shall have been subscribed; and said Commissioners shall advertise the time and place of opening said books, at least twenty days, in such papers as they may think proper. 1838. Capital stock. SEC. 2. That the capital stock of said company shall be one hundred thousand dollars, to be divided into shares of one hundred dollars each; and so soon as fifty thousand dollars shall be subscribed, the subscribers shall be and they are hereby declared to be incorporated into a company, by the name of the Falmouth and Lexington Railroad Company, and under that name and style shall be a body politic and corporate, porate powers. and, as such, may sue and be sued as other corporations, in all courts of law and equity. SEC. 3. That when fifty thousand dollars shall be subscribed, it shall be the duty of the said Commissioners to give at least one month's notice that an election will be held at the Court House in the city of Lexington, at such time as they may specify, to choose the President and Directors of said company; which election shall be made by such persons, and in the same manner, as is directed in an act, approved February 29th, 1836, entitled, an act to incorporate the Louisville, Cincinnati and Charleston Railroad Company; and to enact such rules, regulations and by-laws as may be necessary for the government of the corporation, and transaction of its business. Name and style, and cor Election for President, &c. stock. SEC. 4. That it shall be lawful for the Trustees of any of the Towns, &c. towns through which said road may pass, or for any corpora- may subscribe tion in the United States, through their agent by them respectively appointed for that purpose, to subscribe for and hold shares in the capital stock of said company, in the same manner that individuals may, and to enjoy the same right of voting by their respective agents or officers, and all other rights and privileges that other stockholders may. How road to SEC. 5. That said company shall construct said road from a point on Licking river at Falmouth, by the way of Cynthi- be constructed. ana and Paris, to Lexington, upon the same plan that may be adopted by the Louisville, Cincinnati and Charleston Railroad Company, and connect the same with the last mentioned company at Lexington, with the assent of said company. SEC. 6. That all that part of the act incorporating the Charleston and Cincinnati Railroad Company, which relates Tolls. 1838. Capital stock may be increased. branch. to tolls, be and the same is hereby re-enacted and made part of this charter. SEC. 7. That the company, hereby incorporated, may increase the capital stock to such amount as may be necessary to complete said road. SEC. S. That when the company, hereby incorporated, shall To construct commence the construction of the Railroad at Falmouth, they shall simultaneously commence the construction of a branch of the same at Claysville on Licking river, and construct the same by the nearest and most practicable route, so as to unite with the main road at Cynthiana, in Harrison County. SEC. 9. That all the provisions of this act, applying to the Provisions of construction of the Railroad from Falmouth to Lexington, be this act to ap- and the same are hereby extended to the branch hereby reply to branch. quired to be, by the said company, constructed from Claysville to Cynthiana, in Harrison County: Provided, however, That said company shall not be compelled to construct said lateral branch, unless the citizens of Harrison County shall raise and furnish the means, and place the same in the hands of said company to construct said branch. Approved February 1, 1838. CHAP. 703-AN ACT for the benefit of the City School in the town of Frankfort, and for other purposes. WHEREAS, it is represented to the present General Assembly, that it is the desire and intention of a number of individ uals to establish a Public School, suited to the wants and condition of all classes of the community, in the town of Frankfort: and, whereas, the Franklin Seminary has been pulled down, and removed from the Public Square, thereby depriving the citizens of the only house of Public Instruction in said town, as well as the entire loss of the proceeds of 6000 acres of land, granted by the Legislature to the County of Franklin for Seminary purposes: and, whereas, it is a matter of great importance to the public, that the town of Frankfort should be well supplied with water, as well for private as for public uses, and it is represented to the General Assembly that the same can be done by conveying it from the Cove Spring, in the neighborhood of said town; and that the security of the private and public buildings thereof would be greatly protected. SEC. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Edmund H. Taylor, Philip Swigert, Thomas S. Page, Mason Brown and John J. Vest, to raise, by way of Lottery, in one or more classes, as to them may seem expedient, any sum not exceeding one hundred thousand dollars, to be appropriated, one half for the use and benefit of a City School in the town of Frankfort, and the other half for the construction of I such reservoirs, pipes, conductors, and other works, that may be necessary and proper to convey the water from the Cove Spring into said town, in such manner and quanties as the aforesaid persons may think suitable to the convenience of the people of said town, and the safety of the private and public buildings therein. 1838. Bond to be entered into. Duty of the managers. Proviso. Powers of managers. SEC. 2. That the said Managers, or such of them as may act, shall, before they commence the discharge of the duties assigned them by this act, enter into bond, with good security, to the Commonwealth of Kentucky, in the County Court of Franklin, in the penalty of one hundred thousand dollars, with condition that they will faithfully discharge the duties hereby imposed on them; and which said bond may be sued on in the name of the Commonwealth of Kentucky, for the use and benefit of any person or persons injured by a breach of the condition thereof: and it shall be duty of said Managers, within ninety days after the drawing said Lottery, or any class thereof, to pay, or cause to be paid, to the fortunate person or persons holding a ticket or tickets thereof, all such prize or prizes as may be drawn by any individual or individuals, or company of individuals, agreeable to the scheme which the said Managers may agree upon and publish: Provided, however, That such scheme shall not reserve more than twenty per cent: said Managers shall have power to appoint a Clerk or Clerks, and any other officer or offcers, necessary to conduct said Lottery, all of whom, before they shall enter upon their respective duties assigned them by the Managers aforesaid, shall take an oath before some Justice of the Peace faithfully and honestly to discharge the same. SEC. 3. That said Managers shall, within ninety days after the drawing said Lottery, or any class thereof, pay over to the sed to be paid Trustees of the town of Frankfort, all sums of money which' over to trustees. may fall due, and come to their hands in consequence of the drawing of said Lottery, after all prizes shall have been paid. SEC. 4. That the said Managers shall be and they are hereby authorized to sell and dispose of the scheme, or any class or classes of said Lottery, to any person or persons who shall enter into bond to the Commonwealth of Kentucky, with good security, with condition well and faithfully to comply with all the terms and provisions of this act, which bond or bonds shall be received by said Managers, and be by them filed in the Clerk's office of the Franklin County Court, before said Lottery, or any class thereof, shall be drawn; Provided, That such sale or sales shall not be made of any class or classes for less than ten per cent, on the amount proposed to be drawn: Provided, also, That nothing in this act contained shall be so construed as to repeal any provision of the general law of this Commonwealth against establishing Lotteries within this State. SEC. 5. That if any of the persons appointed as Managers, Amount rai May sell lot try, bond to be chaser. taken from pur Proviso. 1838. Vacancies, how filled. by the first section of this act, shall refuse to serve, fail to qualify, or after having qualified, resign, the remainder of said Managers shall have power to select another individual or individuals to fill the vacancy so occurring and produced by any of the causes aforesaid, or any other cause. Approved February 1, 1838. Corporators names; ers name CHAP. 704--AN ACT to incorporate the Harlan Museum Company. WHEREAS, the Louisville Museum Company, incorporated by an act of the General Assembly of the State of Kentucky, approved February 20th, 1835, having become embarrassed in its affairs and having had its effects-namely, the articles composing the Museum-levied on for rent, and other charges, the same having been sold to satisfy such demands, were purchased by the present proprietors and placed in the hands of Trustees, with the intent of continuing the establishment on its original design, and for the purpose of its original institution without individual emolument or remuneration, but for the benefit of the public and honor of the city of Louisville; and that the original founders and subscribers, who have complied with the terms of subscription, may continue to have their rights in the same, the said Trustees, for the purpose aforesaid, are desirous of obtaining an act of incorporation to carry into full effect the purposes of the trust-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James C. Johnston, James Marshall, Nathaniel Hardy, Samuel Cassedy, George Keats, James Rudd, and S. Penn, Jr., with their associates, shall be and style, and and they are hereby declared to be a body politic and corpocorporate pow-rate, in deed and in law, by the name and style of the "Harlan Museum Company;" by which name they shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, in any court of record in this Commonwealth, or elsewhere; and shall be competent, in law or equity, to take and to hold, for themselves and their successors, for the use and benefit of said Museum, lands, tenements, hereditaments, goods and chattles, of whatsoever kind, nature or quality, real, personal or mixed, by gift, grant, bargain, sale, conveyance, assurance, will or bequest, from any person or persons whomsoever, capable of making the same, and the same again to sell, demise or dispose of, for the use of the said Museum; and to rent, purchase or erect such buildings or place of exhibition as may be necessary or proper, and generally to do all and singular the matters and things which shall be lawful for them to do for the success of said Museum, and the due management of the affairs thereof. SEC. 2. That the capital stock of this company and corporation shall be two hundred thousand dollars, to be divided into shares of fifty dollars each, which may be sold from time May pass by SEC. 4. That the Trustees shall have power, from time to time, to make all necessary by-laws, rules, and regulations, laws. for the good government of the said Museum, and the management of its fiscal concerns, as circumstances may require; Provided, That the said by-laws, rules, and regulations, shall be compatible to the laws and constitution of the United States and State of Kentucky, and within the privileges granted by this act. SEC. 5. That no misnomer of said corporation shall defeat or annul any gift, grant or bequest to this company. SEC. 6. The said Trustees shall have power to appoint a Manager of said Museum, for such term, and on such conditions, as to them may seem most conducive to the interests of the corporation and accommodation of the public, and at their discretion to dismiss such Manager, and appoint others as often as they may deem proper. SEC. 7. That it shall not be lawful for the said Trustees or Stockholders of said corporation, at any time, to remove, or cause to be removed, the said Museum, or any part thereof, from the city of Louisville, under the penalties of forfeiting to the corporation of said city, double the amount in value of the articles so removed, to be recovered from any one or more of the Trustees or Stockholders who shall have consented to, and authorized such removal. SEC. 8. That the Trustees, aforesaid, shall call special meetings of the Stockholders whenever a majority of the Board shall deem it expedient, or whenever requested, in writing,by any May appoint manager. Restrictions upon the corpo ration. Special nicetings may be called. |