Page images
PDF
EPUB

tary and treasurer, and such other officers or agents as may be necessary, and require bond and security from them, or either of them. The president or any director may hold any of these minor offices. The president, directors, secretary and treasurer must each be stockholders.

§ 7. That the grade and width of said road shall be Grade and width determined by the board of directors.

of road.

Tolls.

§ 8. That as soon as said road is completed, the company is authorized to collect toll, the same as prescribed in the General Statutes, from persons traveling said turnpike road, and may erect toll-gates and toll-houses for that purpose.

§ 9. That this act take effect from and, after its passage.

Approved April 17, 1888.

CHAPTER 1112.

AN ACT to amend an act, entitled "An act to provide for the repairing and keeping in repair the public roads of Pulaski county."

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

§ 1. That an act, entitled "An act to provide for the repairing and keeping in repair the public roads of Pulaski county," be amended as follows: Strike out all of section 4 of said act and insert in lieu thereof the following: The judge of the county court shall appoint seven persons, who, together with the said county judge, shall constitute a county board of road commissioners for said county; said board shall meet at the court-house some time during the month of April or May in each year, the time to be fixed by the judge, and direct how the taxes collected or to be collected for said year shall be expended, by apportioning said road tax among the several road precincts in said county, as near as may be accord

ing to the amount of road tax such road precinct pays for said year: Provided, That if it shall appear to said board that the whole amount of tax paid by any particular precinct is not needed in such precinct, then said board may give such precinct a less amount, and give the excess to some other precinct whose proportion of the tax is insufficient for its needs. They shall enter in a book the name of each road, the number of each section, the name of the surveyor of each section and the amount of money allowed such section, and sign the same; which book, so signed by the board, shall be filed in the office of the county court clerk, and a copy made by the clerk and delivered to the sheriff or tax collector of the county. Before the adjournment of the board they shall elect, by ballot, two of their number, who shall constitute a board to receive and audit claims, as hereinafter provided for. Said last named board shall meet on the first Saturday in July, September and December of each year.

§ 2. Strike out all of section 9 of said act and insert in lieu thereof the following: It shall be the duty of the sheriff, or other collecting officer, to pay off such road claims for work on the public roads, and for tools, etc., furnished, as may be certified to him. by the said auditing board as correct, and payable out of the road fund: Provided, That in no event shall he pay to any road precinct more than its apportionment for that year; and section 3 of said act is construed in harmony with this section.

§ 3. Amend section 10 of said act by striking out the word "semi-annually," in the third line, and inserting in lieu thereof the word "annually;" strike out the words "and July," at the end of section 10; also by adding the following at the end of said section: It shall be the further duty of the surveyor to see that the money apportioned to his section of road is properly expended; he shall certify to the correct

ness of all claims, specifying what they are for, to the
sheriff or other collecting officer for payment, which
claims so certified shall first be examined by the aud-
iting board mentioned in the second section of this
act, which board must examine and approve, and so
certify the same before the sheriff shall pay them.
§ 4. This act to take effect from and after its pas-

sage.

Approved April 17, 1888.

CHAPTER 1113.

AN ACT incorporating the Shannon and Lowell Turnpike Road Company, in Mason county.

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

§ 1. That a company is hereby incorporated, under the name and style of the Shannon and Lowell TurnCorporate name. pike Road Company; and by that name shall have

Objects and powers.

Capital stock.

Shares.

perpetual succession, may sue and be sued, plead and be impleaded, and is hereby vested with all the rights and powers conferred by law on such corporations in this Commonwealth.

§ 2. That said company shall have power to construct and operate a turnpike road in Mason county, commencing at or near the Shannon post-office, on the Murphy ville turnpike, and running thence as nearly as possible on the dirt road, known as the Mayslick and Germantown dirt road, to its intersection with the Lowell and Sardis Turnpike, a distance of about three and one-half (3) miles, the whole to be surveyed and located as may be most practicable to suit this general route.

3. That the capital stock of said company shall be a sum sufficient to build said road, divided into shares of twenty-five dollars each; and the Mason county court is authorized to make the usual subscription per mile to the capital stock thereof.

of road.

§ 4. That the grade and width of said road shall be Grade and width determined and established by the board of directors; and it shall be lawful to construct it on the said dirt road as far as suitable.

5. That the officers of said company shall be a Officers. president and three directors, to be styled "The Board of Directors," and elected by the stockholders, who shall hold their respective offices for one year, and until their successors are elected and qualified, a majority of whom shall constitute a quorum Quorum. to transact the business of the company; they shall have power to fill vacancies; they shall fix the time Vacancies. and place of the annual election hereafter, and give due notice thereof; they may appoint a secretary and treasurer out of their number or otherwise, and such other officers and agents as they may deem necessary, and require bond and security from same. The president, directors, treasurer and secretary shall be stockholders in the company.

6. That the board of directors shall have power By-laws, etc. to pass all necessary by-laws, rules and regulations, in conformity to law, to govern the transactions of the company shall have power to receive bids and let out the construction of the road; may take stock in work and materials; may take other subscriptions of stock; may borrow money in anticipation of the payment of stock subscribed, or to be paid in taxes; and the stockholders may work out their road tax on work out road the turnpike, and the receipt of the company shall be good for the same. The stock subscriptions, other than that to be paid in the way of taxes, shall be collected on call of the board of directors.

tax.

§ 7. That to enable said company to build its road, Tax levied. and to equalize as nearly as possible the local burthens of the same, there is hereby levied and shall be collected an annual tax of one dollar on the one hundred dollars' worth of taxable property, on all property subject to taxation for one mile on each side of the proposed road, excepting such property as has its

main outlet on other turnpikes than this. The Mason county court, on request of the company, shall appoint two discreet persons to assess and fix a value upon the property liable to this tax. Said persons shall make out a list of all property liable to taxation under this act, giving a description thereof, its value, and the owner's name, and return said list to the Mason county court at its May or June term in each year; and said court shali list said taxes with the sheriff of Mason county for collection; and it is hereby made the duty of said sheriff to receive, collect and pay over to the president or treasurer of this company the amount of the taxes collected on said list and assessment, on or before the twenty-fifth of December each year; and for any default of said sheriff under this act, he and his sureties shall be liable on his official bond; and he shall be entitled to the same compensation for collecting and paying over said taxes as he is allowed by law for collecting the State revenue. The money thus collected shall be expended on the whole line of said road, which is all to be put under contract and completed as a whole as nearly at the same time as circumstances will permit, so that each tax-payer will get the benefit of his taxes in the completion of the road; and as soon as the road is ready for travel, the company may erect gates and collect toll for the distance traveled, according to the General Statutes on the subject of turnpikes and gravel roads. The tax-payers shall have stock in the road company for the amount of their taxes; and, in order to get together enough for even shares, the receipts for taxes, or any part thereof, are made assignable, and stock shall be issued to any person holding receipts amounting to a share or even shares in said company; and as soon as said road is completed and paid for, this tax shall cease.

§ 8. That in order to put this act into operation, Commissioners. Lewis Jefferson, John Thomas Prather and Richard F. Gault, are hereby appointed commissioners, any

« PreviousContinue »