1876. said court may require said commissioners to report to them at such other time as they deem necessary. § 8. The overseers of roads shall be liable to presentments and fines as by the general law of the State; and the commissioners shall, for a failure to discharge any of the duties required of them, be liable to presentment by the grand jury, and to be fined at the discretion of the jury. The county court shall fill any vacancy that may occur in the office of road commissioner by death, resignation, or otherwise, and may remove said commissioner for malfeasance or misfeasance, or for other good cause. § 9. The commissioners may purchase, for the use of their several districts, any tools or implements they think necessary, to be paid for out of the funds collected by them, as above provided, from the precinct where the tools are to be used; and the overseers of each precinct shall receipt to their commissioner for all tools placed under their control by him, and shall be liable for all such tools or implements not satisfactorily accounted for by them, the value of same to be recovered by said commissioner upon suit brought before any justice of the peace in the name of the Commonwealth, and recoverable the same as above provided for delinquent taxes and tithes. The commissioner shall not be liable for any costs in any suit brought by him as such commissioner. 10. The said overseers appointed by the county court shall receive for their services the sum of one dollar and fifty cents for calling out the hands to work on the roads in their precincts, and fifteen cents per hour for overseeing the hands in said precinct, all amount, above the amount of tax due from such overseer, to be paid him by the commissioner of his district out of any money collected by such commissioner out of his precinct, and shall be exempt from services as grand or petit juror during his continuance in office. § 11. The general road law of this State is hereby adopted and made part of this act, except when it comes in conflict with the provisions of this act. § 12. If it is ascertained that there is an insufficient amount of taxes levied in any district in said county to put the roads therein in good order, then the overseer shall have power to warn the hands within such district to work on the roads therein, and put the same in good condition-not exceeding, however, two days in each year. § 13. All other road laws passed for Pendleton county are hereby repealed from and after the date of appointment of commissioners herein provided for. 1876. Approved February 14, 1876. CHAPTER 169. AN ACT to release the sheriff of Allen county from collecting railroad tax, and other purposes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter the sheriff of Allen county shall not be required to give bond for the collection of any levy or tax in said county for the purpose of paying the principal or interest on the county bonds of said county issued for railroad purposes, and shall not be held responsible in his official bond for the same. No bond required of sheriff. Court to appoint special col 2. That the county court shall, at the instance or motion of any person, or by request, appoint a special collector to lector. collect all taxes or levies in said county for railroad purposes; and shall require bonds, with security, to be approved by the court, for the faithful discharge of all duties incumbent on him. §3. All laws in conflict with this act are hereby repealed. § 4. This act to take effect from its passage. [Became a law by reason of not being returned by the Governor within ten days.] Bond required of same. CHAPTER 170. AN ACT to allow the county court of Jessamine county to levy a special tax. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county court of Jessamine county be, and said court is hereby, empowered and authorized to levy an ad valorem tax upon the taxable property of said county sufficient to raise the sum of five thousand and six ($5,006) dollars, together with an amount sufficient to pay the interest thereon at the rate of ten per cent. per annum, from the 15th day of March, 1875, till paid; said amount, when raised and collected, to be appropriated and used to repay to the guaran 1876 tors, citizens of said county, of the right of way to the trus tees of the Cincinnati Southern Railroad Company through said county, this being the amount paid by the said guarantors as damages for the right of way as aforesaid. § 2. This fund to be collected and paid over as the county court may direct. §3. The county judge may convene the magistrates of said county to lay the above levy at any time. § 4. This act to be in force from and after its passage. Powers. Capital stock. may select route, &c. CHAPTER 171. AN ACT to incorporate the "Southwestern Railroad Company." Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That a corporation is hereby created, to be known as "The Southwestern Railroad Company," by which name it may contract and be contracted with, sue and be sued; have and use a common seal, alter and renew the same at pleasure; may purchase, hold, sell, lease, convey, or otherwise dispose of or acquire, such real estate, in fee-simple or otherwise, not exceeding two hundred acres, and all personal property necessary, convenient, or suitable for the purposes of the company; shall have perpetual succession, and all other rights, immunities, and privileges that other railroad companies have, use, and enjoy. § 2. The capital stock of said company shall not exceed five hundred thousand dollars, in shares of one hundred dollars each, which stock may be subscribed for and taken by any person, individual, corporation or company; and as soon as four hundred shares of stock are taken, the company may effect an organization by the election of five directors, who shall elect out of their number a president, as hereinafter indicated. § 3. Said corporation is authorized to build, construct, and Corporators operate a railroad from a point to be selected by the president and directors on the Cincinnati Southern Railroad, in Mercer county, to connect with the Louisville and Nashville Railroad, or the Cumberland and Ohio Railroad, at some point as near Lebanon as they deem proper; the route of said road, how ever, to pass through and have a depot in the corporate limits of the town of Harrodsburg-the company to select the most feasible route. They may build the road upon any gauge they desire, either in whole or in part, and may double the track, or use both a broad and narrow guage, in whole or in part. They may build and operate the whole of said line, or any part thereof. § 4. That no lateral road shall be built between said Cincinnati Southern and Cumberland and Ohio Railroads within ten miles of this road, provided this road be completed and put in operation within five years, and as long as said road is kept in operation; but if only a portion of this road is built within the time aforesaid, then any company desiring to fill said link may take so much as is built at cost price, and all the franchises herein granted shall pass to the company so completing. 1876. May sell franchises. § 5. That Z. P. McBrayer, P. B. Thompson, jr., D. J. Curry, Commissioners. J. L. Neal, C. A. Hardin, M. Cummins, J. L. Powell, Augustus Jones, W. H. Robinson, J. C. Davis, and S. P. Debaun, or such of them as may act, are hereby appointed commissioners to open books and receive subscriptions to said company, which books may be opened at any time or place any one of them may choose, without any notice; and any one of said commissioners may apply to and receive a subscription from any Powers. company, corporation, or person, town, city, district, or county authorized to subscribe, upon any terms or conditions not repugnant to law as such subscriber chooses to impose; the final acceptance of said subscription upon the terms or conditions imposed to be left, however, subject to the ratification of the president and directors, and to be binding upon the subscriber after acceptance or ratification by said president and directors at any time within one year after the subscription. And in case any of the commissioners aforesaid do not Vacancy. act, those who will may fill the vacancy or vacancies by election; and any and all subscriptions made before the passage of this act, looking to its passage and to the building of this road, are now approved and confirmed unto said company; and they may be enforced by it the same as if made since the passage, or may be transferred to it and accepted by it. § 6. That all persons, companies, and corporations who subscribe for stock in said company, and who reside at the time of their subscription in any town, city, county, precinct, or other territorial district, which may thereafter subscribe and Subscriptionhow credited. 1876. Proviso. portation, &c. tax itself, or which has theretofore subscribed and taxed itself by virtue of the provisions of this charter, in aid of said road, shall, upon all tax assessed against such subscriber, be credited. by the amount he has subscribed to the extent he has paid his individual subscription, which shall be done by the president drawing an order to the tax collector directing a delivery of the tax receipt; for which orders, so drawn, said collector shall receive credit, but not commission, when taken in by him from such subscriber, but from no one else: Provided, however, That said orders shall not be received in payment of any one's tax except the person actually making the subscription. § 7. The company may acquire by deed or lease any coal lands or mines, and may deal in coal at their depots by purchase elsewhere and sale and delivery at the same and surrounding country. § 8. That said company, when completed from the CincinRate of trans- nati Southern to Harrodsburg and no further, may, as common carriers, charge such a rate for the transportation of freights and passengers as the company may deem just, provided said rate shall not exceed an amount that will produce, after the payment of all expenses, a net dividend to the stockholders of ten per cent.; and when the rate is fixed, if it produces a greater amount than above allowed, it shall be lowered. § 9. The following sections of an act, entitled "An act to incorporate the Cumberland and Ohio Railroad Company," approved February 24th, 1869, are now adopted and made part hereof, so far as not inconsistent with or repugnant to the provisions of this charter, viz: sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17. § 10. The following sections of an act, entitled “An act to authorize the trustees of the Cincinnati Southern Railway to acquire the right of way and to extend a line of railway through certain counties of this Commonwealth," approved February 13, 1872, are now adopted and made part hereof, so far as not inconsistent with or repugnant to this charter, viz: sections 3, 4, 5, 6, 7, 8, 9. § 11. That the employes and operators of the road, and persons receiving injury to themselves or property by said. road, are hereby given a lien on the rolling stock and other personal property and assets of said company for the payment |