1873. same at the rate of two dollars per day in remaining in said jail. § 6. That the trustees of said town shall have the power License may be to grant a license to such person or persons as they may deem proper to sell spirituous liquors for medical purposes, and for this only. granted to sell for medical purposes oath and give bond. § 7. That before said license is granted the applicant Applicant to take shall take an oath that he will sell to no one such spirituous liquors except for medical purposes, and shall execute bond, with good security, in such penalty as may be fixed by said trustees, with the condition that he will sell such spirituous liquors only for medical purposes, and that he will not suffer or permit the same to be drank as a beverage upon his premises; and upon the violation of his said bond he shall be fined for each offense the sum of fifty dollars, to be recovered off of him and his security as provided for in sections four and five of this act. selling for medical purposes. § 8. That the person or persons to whom a license shall Proceedings in be granted by the trustees of said town to sell spirituous liquors for medical purposes shall take from each person a written statement that the spirits so purchased by him is for medicinal purposes, and shall carefully file the same; and any person so representing that the same was for medical purposes, when in fact the same was for use as a beverage, shall be fined the sum of ten dollars for each offense, to be recovered as provided for in sections four and five of this act. visions. § 9 That any person to whom such license shall be Penalty for vio- granted, upon the second conviction of the violation of the lating license pro- provisions of this act, shall forfeit such license, and they shall become null and void; and upon his attempt to sell under the same he shall be fined as provided for in section three of this act, and forever disqualified therealter from obtaining a license from said board of trustees. 10. Should there be a failure at the regular election day from any cause to hold an election for trustees of said town, or a failure by the officers holding said election to submit to the voters of said town the proposition herein provided for, then the trustees in office shall, upon the petition of any citizen of said town, fix a day when said proposition will be voted upon by the legal voters of said town, and shall give by written notice thereof ten days notice of the time and place when said vote will be taken; and they shall appoint officers to take said vote, and said officers shall proceed in taking said vote as provided in section two of this act § 11. That should, at the first regular election of trustees of said town, said proposition be submitted as herein provided, and the vote in favor of the sale of ardent spirits as now provided by law, said proposition may thereafter be submitted to the voters of said town at any regular election, as herein provided. § 12 That all laws coming in purview of this act are hereby repealed. 13. That it shall not be lawful for a druggist to sell whisky in said town except upon the written prescription of a physician given and dated for each sale. § 14. That this act shall take effect from and after its passage. 1873. Approved March 29, 1873. CHAPTER 600. AN ACT to repeal an act, entitled "An act to establish an institution of learning in the town of Hardinsville, in Shelby county." Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That an act, entitled "An act to establish an institution of learning in the town of Hardinsville, in Shelby county, to be known as the Lee Academy," approved March 18th, 1872, be, and the same is hereby, repealed. § 2. This act shall take effect from its passage. Approved March 29, 1873. CHAPTER 601. AN ACT to authorize the sale and conveyance of the property of the Kendrick Institute, in Wayne county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Trustees may § 1. That the president and board of trustees of the Kendrick Institute, in the county of Wayne, be, and they sell property. are hereby, authorized and empowered to sell, publicly or privately, as to them may seem most conducive to the interest of the stockholders therein, all the real estate and property belonging to said institution, upon such terms and conditions as they may prescribe. May make con § 2. They are authorized and empowered to make conveyance thereof to the purchaser or purchasers thereof on veyance. compliance with the terms of purchase; and the title to such property, so conveyed, shall vest in the purchasers. § 3. After the payment of the necessary expenses inci- How funds to be dent to said sale, the whole of the proceeds thereof shall be disposed of. divided between the stockholders of said institution, in the proportion subscribed and paid thereto by them. § 4. This act shall be in force from and after its passage. Approved March 29, 1873. 1873. Corporators Name and style. names. ers. CHAPTER 602. AN ACT to incorporate the Muhlenburg Mining Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That D. C. Buell, St. John Boyle, Pinck. Varble, and their associates, are created a body-corporate, under the name of the Muhlenburg Mining Company; and said corporation and their successors shall have perpetual succession, with power to contract and be contracted with, sue and be sued; to have and use a common seal, and alter the same at pleasure; and make all necessary bylaws and regulations for the government of said company, and the conduct of its affairs, not inconsistent with the Constitution and laws of this Commonwealth. § 2. Said company may purchase and hold such estate, Corporate pow by lease, in fee, or otherwise, and such mining privileges, rights of way, and other easements, as it may deem necessary or desirable for its business; and shall have power to dig, bore, mine, and search for coal, iron, and other minerals, products, and deposits in and upon the earth; and may purchase, extract, take out, develop, smelt, reduce, refine, manufacture, and prepare for market such minerals, products, and deposits, and convert the same into a merchantable state, and use or sell the same in their natural or manufactured state, and transport the same to market. Capital stock. § 3. The capital stock of said company shall be one hundred and fifty thousand dollars, divided into shares of one hundred dollars each, which shall be personal property, and transferable on the books of the company as the by-laws may direct. § 4. Said company may borrow money, not exceeding, May borrow at any time, three fourths of its capital stock, on notes, money and secure bonds, bills, or indorsements, and secure the same by mortgage on its property; but said company shall have no banking powers. same by mort gage. control affairs. § 5. The affairs of the company shall be managed by a Directors to president and board of directors as the by-laws may prescribe. There shall be not less than three nor more than nine directors, including the president. The directors shall be elected annually by the stockholders, and the president shall be chosen from among the directors, either by the directors or by the stockholders, as the by-laws may prescribe. The by-laws shall be established by the stockholders, and shall only be set aside or amended by them. § 6. That the benefits of an act incorporating the Airdrie Coal and Iron Company, entitled "An act to change the name and amend the charter of the Airdrie Petroleum Company of Kentucky," approved December 20, 1865, are hereby extended to the company hereby incorporated, and the same is re-enacted as part hereof. § 7. This act shall take effect from its passage. 1873. Approved March 29, 1873. CHAPTER 603. AN ACT in relation to the Cabin Creek, Sand Hill, and Manchester Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That in order to assist said company in building a bridge across Cabin creek, and a bridge across Crooked creek, the Lewis county court may subscribe one thousand five hundred dollars to the capital stock of said company; one thousand of said sum to be used in building the bridge across Cabin creek, and five hundred dollars to be used in building a bridge across Crooked creek, where said road crosses said creeks. This one thousand five hundred dollars shall be in addition to the subscription of one thousand dollars to the mile made by the county. The Lewis county court may issue the bonds of Lewis county for said sum of one thousand five hundred dollars, to draw interest at ten per cent. Lewis county court may take stock for certain purposes. Assessor-how § 2. The president of said company may appoint an assessor to assess the property liable to taxation on said appointed & fees. road, and shall be paid not exceeding ten cents for each list, to be paid out of the taxes collected. §3. This act shall take effect from and after its passage. Approved March 29, 1873. CHAPTER 604. AN ACT to empower the court of claims of Shelby county to levy an additional ad valorem tax. WHEREAS, The county levy of Shelby county is indebted for appropriations to turnpikes and other public improvements in said county, to an amount largely exceeding its ability to pay; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: County court may levy tax to 1. That the court of claims of Shelby county, a majority of the justices of the peace of said county con- pay county debt. curring therein, be, and the same is hereby, authorized and empowered, at its regular May terms, in the years 1873, 4, and 5, to levy an additional ad valorem tax of not exceeding two (2) cents on each one hundred dollars' 1873. Sheriff to collect tax. His powers, duties, and fees. worth of taxable property in said county; the funds arising from said tax to be applied exclusively to the payment of the indebtedness of the county levy of said county. § 2. That the sheriff of said county shall collect and pay over said tax; but before doing so, he shall execute Covenant, with good securities, to the Commonwealth of Kentucky for the faithful discharge of his duties, in collecting and accounting for said tax; he shall have the same powers, and be subject to the same penalties, as now prescribed by law for the collection of the State taxes, and his compensation shall be fixed by said court, not exceeding that for State taxes. § 3. This act to take effect from its passage. Approved March 29, 1873. CHAPTER 605. AN ACT for the benefit of school district No. 46, in Mercer county. WHEREAS, The trustees of district No. 46, in Mercer county, Kentucky, on account of the small number of pupil children in said school district, preferred to have no school taught, but to send to adjoining districts, with the understanding that if pupils from district No. 46 were taught in said adjoining districts free of charge, an effort would be made to obtain the school money to the credit of district No. 46; and whereas, it is desirable that the money be apportioned to the districts in which the children were taught; and whereas, it is the purpose of the trustees of district No. 46 to apply to the county commissioner of common schools to abolish said district, and attach it to the adjoining districts; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Superintendent of Public Instruction be authorized to draw his warrant upon the Auditor in favor of said district for seventy-seven dollars and fifty-six cents, amount to the credit of said district, to be paid by the commissioner to the trustees, to be by them disbursed as detailed in the preamble. § 2. This act shall take effect from its passage. Approved March 29, 1873. |