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CHAPTER 1023.

AN ACT to amend the charter of the Lexington and Madison Railway Company.

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

§ 1. That an act, entitled "An act to incorporate the Lexington and Madison Railway Company," passed at the present session of this General Assembly, be so amended as to repeal all portions of the said act which permit any subscription to the stock of said road by the counties, districts, towns or cities through which it may pass, or which authorizes said counties, districts, cities or towns to vote upon said proposition, and said portions of said act are hereby repealed. § 2. This act shall take effect from its passage. Approved April 12, 1888.

CHAPTER 1024.

AN ACT to fix the per diem of the justices of the peace of Adair county.

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

§ 1. That the per diem of the justice of the peace hereafter be three dollars per day for service at the court of claims in said county.

§ 2. This act shall take effect from and after its pas

sage.

Approved April 12, 1888.

CHAPTER 1025.

AN ACT to incorporate the Benson Creek and Harrisonville Turnpike Company, in Anderson county.

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

§ 1. That a company be, and the same is hereby, created a body-politic and corporate, under the name and style of the Benson Creek and Harrisonville Turnpike Road Company, in Anderson county, Kentucky; and by said name and style shall have perpetual succession, and the power to contract with, sue and be sued, plead and be impleaded, have and use a common seal, and all other powers given by the general law to turnpike road companies.

§ 2. That said company is hereby empowered to construct a turnpike road, on the macadamized plan, from or near the point where the Alton and Camdensville Turnpike Road crosses Benson creek, to the county line, near Harrisonville, in Shelby county; running the most practicable route from the firstnamed place to the county line, between the county of Shelby and the county of Anderson.

§ 3. H. J. Young, H. M. Satterwhite, J. S. Burge, G. C. Satterwhite, W. F. Honchens, Anthony Headen, J. L. Humes and G. W. Brown, are hereby appointed commissioners, any or all of whom may open books. for the subscription of stock to said company; the stock to be in twenty-five-dollar shares; and the obligation of subscribers thereto shall be binding upon said subscribers, and in substance as follows: "We, whose names are hereto subscribed and affixed, promise to pay to the Benson and Harrisonville Turnpike Road Company the several amounts set opposite our names, at such times, and in such sums, as required by the board of directors of said company."

4. That an act, entitled "An act to incorporate the Alton and Camdensville Turnpike Road Company," approved April 15, 1882, embracing the 4th, 5th, 6th, 7th, 8th, 10th, 11th, 12th, and 13th sections of said act, is hereby made and enacted as part hereof.

§ 5. That when it is shown to the satisfaction of the Anderson county court, including the justices of the peace for said county, or a majority thereof, that the subscriptions to said road are sufficient to build and construct the same between the two points designated in section two of this act, said court shall subscribe one thousand dollars to each mile, which by said court shall be considered a part of said subscription: Provided, That a majority of the qualified voters in Anderson county, voting at some general election, shall have voted said tax of one thousand dollars to the mile to said road.

§ 6. This act shall be in force from its passage. Approved April 12, 1888.

CHAPTER 1026.

AN ACT to incorporate the Citizens' Deposit Bank, of Fox Creek, in
Anderson county.

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

§ 1. That there shall be, and there is hereby, estab- Name. lished in the town of Fox Creek, Anderson county, Kentucky, a bank, by the name of the Citizens' Deposit Bank, of Fox Creek, with a capital stock of fifty thousand dollars, to be divided into shares of one hundred dollars each, and which may be increased to one hundred thousand dollars.

§ 2. The subscribers and holders of said shares of Incorporate. stock, and their successors and assigns, shall be, and are hereby, created a body-politic and corporate, un

Directors.

der the name and style of the Citizens' Deposit Bank, of Fox Creek; and shall so continue a body-politic and corporate until the first day of January, 1910; and by that name shall be competent to contract and be contracted with, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts and places, and in all matters whatever, as natural persons; with full power and authority to acquire, hold, possess, use, occupy and enjoy, and the same to sell, convey and dispose of, all such real estate, goods, effects and chattels as shall be necessary for the transaction of its business, or which may be conveyed, assigned, delivered or in any way pledged to said bank, or which may be purchased or conveyed in satisfaction of any debt, judgment or decree of any court in favor of said bank; but no real estate purchased by it in satisfaction of any debt, judgment or decree, shall be held for a longer time than five years; and may have and use a common seal, and alter, change or renew the same at pleasure; and the board of directors of said bank, hereinafter provided for, may make, ordain and establish and put in execution such by-laws, ordinances, rules and regulations, as said board may deem necessary and proper for the good management of said bank, and the prudent and efficient management of its affairs: Provided, That the same shall not be in anywise contrary to the Constitution and laws of this State or the United States.

§ 3. The business affairs of said bank shall be managed by a board of not less than three nor more than five directors, a majority of whom shall constitute a quorum for the transaction of business. Any stockholder may be a director. Said directors shall in all cases be elected by those owning a majority of the stock; and after the first election (which shall be held at a time and place chosen by those subscribing a majority of the stock) said directors shall be

elected at the banking-house of said bank on the Saturday next before the first day of January of each year, and shall continue in office for one year, and until their successors are duly elected; but a failure to hold said election on the day above designated shall in no case operate as a forfeiture of this charter, or in anywise impair the rights and privileges of said corporation; but in such cases the election may be holden on a day appointed by the board of directors after thirty days' written notices by the cashier or president, posted at the bankinghouse of said bank, post-office and court-house, or two successive publications in any Anderson county newspaper, and shall have the same effect as if holden on the regular day designated for said election. Said election shall in all cases be by viva voce, and shall be held by a clerk and judge designated by the board of directors at some meeting previous to the same; and the certificate of such clerk and judge shall be conclusive proof of the election of the persons therein named as directors. At all said elections for directors, each stockholder shall have one vote for each and every share of stock he or she may own and hold in said bank. Should the board, from any cause, fail to designate a clerk and judge, or either, to hold said election on said regular election day, then the stockholders, or any of them, may appear at said bank on said regular election day, and elect a board, and the certificate of such stockholders, holding and owning a majority of the stock, shall be conclusive proof and evidence of election; and the directors so elected shall commence their term of office from and after such certificate.

§ 4. Any vacancy occurring in the directory from vacancies. death, resignation, failure to accept, or from any cause whatsoever, may be filled by the remaining board.

other officers.

§ 5. The directors chosen may elect a president, President and cashier, and such officers as they may deem neces

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