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Maysville and Big Sandy Railroad : report of preliminary surveys / by C.B. Childe, civil engineer ; address of commissioners, and Charter of the Maysville and Big Sandy Railroad Company. Maysville and Big Sandy Railroad Company. 400dpi TIFF G4 page images University of Kentucky, Electronic Information Access & Management Center Lexington, Kentucky 2002 b92-153-29699235 Electronic reproduction. 2002. (Beyond the shelf, serving historic Kentuckiana through virtual access (IMLS LG-03-02-0012-02) ; These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Maysville and Big Sandy Railroad : report of preliminary surveys / by C.B. Childe, civil engineer ; address of commissioners, and Charter of the Maysville and Big Sandy Railroad Company. Maysville and Big Sandy Railroad Company. Maysville Eagle Office Print, Maysville, Ky. : 1852. 34 p. : fold map ; 22 cm. Coleman Microfilm. Atlanta, Ga. : SOLINET, 1994. 1 microfilm reel ; 35 mm. (SOLINET/ASERL Cooperative Microfilming Project (NEH PS-20317) ; SOL MN03930.07 KUK) Printing Master B92-153. IMLS This electronic text file was created by Optical Character Recognition (OCR). No corrections have been made to the OCR-ed text and no editing has been done to the content of the original document. Encoding has been done through an automated process using the recommendations for Level 1 of the TEI in Libraries Guidelines. Digital page images are linked to the text file. Maysville and Big Sandy Railroad Company. Railroads United States.Childe, C. B. MAYSVILLE AND BIG SANDY RMAkONAD. REPORT OF PRELIMINARY SURVEYS, BY 0. B. OHILDE, Civil Engineer; ADDRESS OF pound;GEBSSIfONERS; AND CUARTED of the MAYSVILE and DIG bANd1 RAILROAD COMPANY. MAYSVILLE, KY. MAYSVILLE EAGLJ OFFICE PRINT. 1852. This page in the original text is blank. xnM iriV pgjg91 MAYsV1LL, December 29, 1851. To the Commmiuners of the Mayvle and Big Sandy RAILROAD: GInMN: In pursuance of the resolution of the Com- piissioners, passed the 6th day of October last, a Prelimina- ry Survey has been made, from the City of Maysville to the Virginia State Line near the mouth of the Big Sandy River. Herewith, I have the honor to report the results, accompa- nied with Maps, Profiles, c. Previous to commencing the Instrumental Surveys, a reconnoissance was made of the ground between the termini, which exhibited two general routes: These are thus designated: 1st. The "Inland Route," passing through the interior, ppposite the great bends of the Ohio River. 2nd. The "River Route" pawing immediately through the Ohio Valley; commencing and terminating at a common point and likewise occupying the same ground, for a part of the distance; both of which have been Surveyed, Estimated and Described as follows, viz: l1t. The "Inland Route"-Starting at the Lower Land- ing on the Ohio River and opposite the foot of Wall Street, in Maysville, the line follows the face of the River bank (crossing the Upper Grade) to the corner of Front and Lime- stone Streets; thence deflecting slightly Northward and pass- ing in a general direction S. 75Q E. across Limestone Creek, through East Maysville, it follows the Ohio Valley 5.49 miles to Springdale, near the mouth of Cabin Creek; thence curving abruptly to the South, the line crosses Cabin Creek and follows up the valley of the Creek in a course S. 568. EB for 2 miles. At this point fire line encounters a sharp spur, projecting from the highland, known as "Hew's Bluff," requiring a curve of at. to the North for 1400 feet, wnith a  eut of 36 feet, mostly in Solid Rock. From the Bluff the line passes in a general direction N. 80'. E. 1k miles up the Valley of Cabin Creek to the Forks. Thence up the East Fork, in a general direction due East, 7 miles, to its Head, crossing the divide at a depression in the ridge, known as "Everett's Gap," which it passes with a cut of 43 feet (con- taining about 25,000 cubic yards of Solid Rock Excavation) to the North Fork of Salt Lick. Thence the line passes down upon the North side of the valley of this Fork S. 559 E. 44 miles, to its junction with the Esculapia Fork. Thence in N E, E. and N E courses it follows for 8 miles the valley of Salt Lick, passing immediately in the rear of Clarksburg (County Seat of Lewis), to Vanceburg on the Ohio River. This part of the Route, from its divergence from the Ohio valley at Springdale via "Everett's Gap" to Vanceburg, presents an expensive line, averaging a cost of 19,408 per mile, for Graduation, Masonry and Bridging, interspersed with Curves of short radii and heavy Grades, requiring a maximum of 60 and 70 feet per mile, for 6 miles, at the "Gap" which it crosses at an elevation of 395 feet above tnd distant 154 miles from MaysvlUe. From Vanceburg the line follows the Ohio valley through Rockport in N. E. and E. courses, 8 miles, to Kinniconick Creek, crossing the Creek 400 feet South of the State Road Ford, and, skirting the high ground, it enters the valley of Montgomery Creek, which it follows upon the South side, with sharp Curves and an ascending Grade of 70 feet per mile, for 5 miles to its source at the County Line Ridge; crossing the Ridge with a- Tunnel 2260 feet long, 220 feet below the top, at an elevation 455 feet above, and 43P miles distant from Maysville, the line enters into the valley of "Big White Oak" Creek; thence with a descending grade of 70 feet per mile for 2 miles and in a general direction East 9 miles to the valley of Tygert's Creek. Thence crop- sing the creek and down the valley of Tygert's 1 miles. Thence the line diverges to the South and passes into the valley of a small tributary known as "Rock Lick Fork," which it follows ]I miles to its source. Thence crossing the Ridge near the State Road with a Tunnel 960 feet long, w Mw waters of "Cole's Run; thence in a general direction I5] E. following thne valley of Cole's Run 41 miles to the Ohio River a short distance West of Greenup Court House. Thence in S. E. East and S. E. courses, passing up the Ohio Valley, through Greenupsburg, near Amanda Furnace, to the Big Sandy River at Catletsburg. This Route is 77.97 miles long, with Maximum Grades of 70 feet per mile at each of the Summits, and Curves of 819 feet minimum radii. A cursory examination was made of several minor lines in connection with this route; but it being considered that they would be essentially the same in their general characteristics, and as the time at our disposal did not permit a survey of these lines, it was deferred for the present. 2nd. The "River Raute"-Beginning at the same point in Maysville with the "Inland Route" and identical tiere- with to Springdale, the line passes up the Ohio valley; cross- ing Cabin Creek at its mouth, it follows the Bottoms in a N. E. course for 54 miles to the East end of "Wilson's Bot- tom;" thence deflecting South, the line skirts the high ground opposite Manchester, apd passes in a general direction N. 809 E. 74 miles to Concord, running between the Town and the high ground. Thence crossing Sycamore Creek the line follows the River Bluffs 1I miles to the bottoms; thence up the valley in a general direction S. 65h E. II miles, to a point near Vancebhrg, intersecting the "Inland Route;" thence occupying the same ground with it to Kinniconick Creek; thence the line diverges and runs up the Ohio valley, passing near Quincy in a general direction N. 42q E. 124 miles to Springville, opposite the City of Portsmouth, and 514 miles from Maysville. Thence in a general direction due East 5 miles, (crossing Tygert's Creek 4 of a mile from its mouth upon a Viaduct 196 feet Iong) to a point opposite the Little Scioto River; thence deflecting to the South and skirting the high ground the line runs S. 141 N. 12 miles, nearly straight to a point near the mouth of Cole's Run ani connecting with the "Inland Route;" thence -with it and oc- cupying the same ground 18.94 miles to the Bia Sandy river. This Route is 88.06 miles long, with a IMaximum Grade of 15 feet per mile, (and wherever near the Ohio River the grade line is drawn at least 128 fet above the highest floods [06 ever known) and with curves of 2865 feet minimum radii. It is 10.09 miles longer than the "Inland Route" but with a Maximum Grade 439 per cent. less and Minimum Radii 350 per cent. greater than any other route that can be found be- tween Maysville and Big Sandy. These advantages, with that of a cost one third less, and the connection which it af- fords with the Scioto and Hocking Valley Railroad (now nearly completed) at Portsmouth, more than neutralize the objection to its increased length over the "Inland Route." These facts and the certainty that the route which will pro- duce the largest amount of receipts in Freight and Travel in proportion to its cost, and at the same time admit of greater safety and dispatch in its operations, prove it to be the most valuable. The following Tables of comparison, exhibiting in detail the characteristics of eaeh Route, will assist you more fully so decide the Route you should adopt. River Radii infeet. Route. 61.23 5730 16.04 3820 7.02 2865 2.87 1910 1432 )146 955 819 Distance miles. 88.06 peflectionsl Right, 673j ' Do. Left, 638o ' Total Curvature, 13094Q In favor of River Route, Inland Route. 52.62 Straight Line. 9.99 4.32 0.70 iMinimum Ra 3.10 eRiverRoute2 1.99 2.56 2.08 IMinimum Ra 0.61 Inland Route 77.97 ll64,IG Going East. 32701 l1901 2 dii. 865 ft. clii. 819 ft. Lf7l 111MM i (01D iil) biclination per River Route. Mile infect. Miles. Levl. 57.56 Oto S ft.permile 4.70 5 to 10 " " " 8.92 lto 15 " " " 16.88 15 to 30 (t CC 30to40" c c 40 to 60 pound; 6O to 70 C Distance Miles 88.06 Feet. Rise, 183 Fall, 138 Total Rise and Fall, 321 In favor of River Roul Inland Roi Miles. 28.96 4.15 1.70 8.07 5.20 5.85 4.06 15.98 77.97 Feet. 918 873 1791 .e, 1470 Ae Height of Principal Sumnmit River Rl Do. it Cs c Inland In favor of River Route 455 feet. Number of Summits River Route I C " Inland Route In favor of River Route 3. Wet. ( Maximum Grade River Route 15 feet (per mile. )MaximumGrade In- land Route 70 feet per hiule. Going East. let. Duto 000 feet. "4 455 C' Nc Oll. [SI River Route. Inland Route. AMiles. Miles. (For Curvature, 0.99 '2.46 Going East " Ascending Grades, 9.15 45.90 Add actual Length, 88.06 77.97 Total miles, 98.20 126.33 In favor of the River Route, 28.13 miles. (For Curvature, 0.99 2.46 Going West, " Ascending Grades, 6.00 44.55 (Add actual Length, 88.06 77.97 Total miles, 95.05 124.98 In favor of River Route, 29.93 miles. The cost of Traction with maximum loads will be as 1 is to 2.95 in favor of the River Route. Time occupied in making trips, at 30 miles per hour, as 1 is to 1.32 in favor of River Route. Maximum load, with a 24 ton Engine at 10 miles per hour: River Route. Inland Route. Gross. Net. Gross. Net. Tons. Tons. To-is. Tons. 5804 353 20(4 1 In favor of River Route, 374 tons gross; 234 tons net.  h rs o aa o o o on = 8 o o o = km avk cz o) C) go C obo Xct OO CA OCA O MO:;eO- _ca o -t Cssoc tc:,oi" noXt 0 t-c L eq to t-O C 00 CaC 004 'QOO' r-.02 On C CD CoC=to M(MCO - - - CA;t e oDbootoc Ot- M O C cO tO C M C0 C000 g cVOCOD 00 1 0 cs o cs O O o s o o o 4C U)'o o fl4 9 c)0CO0'7fOl toO t-cO C Xt-d) GD C - 0 - bz 0bo OOOOpo oggoooeq oe 2 ;O 0 2O Z 1 -4 CO _ , rS - -,1 C-9 I '' z S Q C Intmt: 0i 0 t i s Q tDV En 'aA 00 a 2 1 2 C!' E-- r-4 P; o Ao o V6 E-i 2 [ 101 rthe Total Cost, completed in the most durable and siub; stantial manner, is as follows, viz: WaS3SE1TI ((9Wi 1D391Wo River Route. Inland Route. Graduation, Masonry and Bridging, 695,930 58 1,290,641 69 Track and Superstructure (in- 92 miles. 82 miles. cluding sidings), 603,520 00 537,920 00 Cars and Engines, 146,800 00 146,800 00 Sation Buildings and Fixtures, 82,000 00 82,000 00 1010 acres. 1070 acres. Do. Ground Land Damages, 50,000 00 32,000 00 Engineering and Superintendence, 50,000 00 50,000 00 Total Cost, ,)628,250 0012,139,361 69 Total Cost in favor of River Route, 511,111 11 Average per mile, 18,490 24 27,438 27 Average per mile in favor of River Route, 8,948 03 In computing the Cost of your Road, the Estimate is giv- en for a Single Track, and prices sufficient it is believed with honest competition to construct it upon the most last- ing and workmanlike plan. Upon the "Inland Route" the estimate for masonry in crossing the large streams in most cases from necessity were made for Abutments and Piers with Wooden Trusses, while upon the "River Route" they have been made for permanent Stone Viaducts throughout The width of Road Way at Grade upon the different parts of the line is, in Rock Cuts, 1G feet, with Slope 1 in 4; Earth Cuts 20 feet, and upon Embankments 15 feet, Slopes 11 to 1; in Tunnels 16 feet; Sides vertical for 12 feet, then curv- ing to a point at the top 1Sz feet above the Track. The plan of the Superstructure and Track estimated, is, an Iron Rail of the inverted T form, 60 lbs. to the lineal yard resting upon Cross Ties of Locust and White Oak, each 72 feet long, 6O by 10 inches, and placed 2 feet 8 inches from centre to centre; under the Joints of the Rails and between the Cross Ties and Ballisting will be Sills 1O feet long, 3 by 1O inches, of the same kind of timber as the Ties. For the fastenings of the Rails Cast Iron Chairs and hook-headed Wrought Iron Spikes will be used. The whole estimated to cost 6,560 00 per mile, as follows, viz: [II] Estimated Cost of one mile of Traek and Superstructure. 94,3 gross tons of Rails delivered at 45,00 4,243 50 9,60o lbs. of Cast Iron Chairs at 3Sc. 336 00 4,700 do. Wrought Iron Spikes (hook-heads) at 4!c. 223 25 2,059 Cross Ties each 74 feet long 64 by 10 inches flatted two sides 64 inches, at 30c. 017 70 12,306 feet board measure Sawed Sills 3 by 10 in- ches (joint blocks) at 12 00 147 67 Frogs, Switches and Slide Blocks per mile 60 00 Disltributing Rails, Chairs, Spikes, Timber, c., and laying track 931 88 Total Estimate for one mile 6,500 00 The estimate for Motive Power and Cars is 146,800, viz: 4 Passengers Locomotives (18 tons empty) at 8,500 34,000 3 Freight do. (20 " " ) at 9,500 28,500 8 first Class Passenger (60 seats each) Cars at 2,200 17,600 6 second "c " Baggage and Mail " at 1,200 7,200 45 eight wheeled Freight (House) " at 700 31,500 20 " (Platform) " at 550 11,000 30 eight" " (House) " at '350 10,500 25 " Platform, Coal, Iron and Lutn- ber Cars at 228 5,700 flanld Cars (Repairing Traclk) at 100 800 Total Cost of Motive Powcer and Cars, 140,800  The Estimate for Station Buildings is as follows, viz: Estimate of Station Buildings: Engine House and Turntable at Maysville 11,000 Car, Freight and Passenger Houses at do. 14,000 Wood Sheds, Water Tanks and Fixtures do. 2,500 Repair Shops Stationary Machinery do. 12,000 39,500 Pass'r. Freight House and Wood Shed at Springdale, 2,500 Do C opposite Manchester, 2,000 Do " and Wood Water at Concord, 4,500 Do " at Vanceburg, 2,000 Do Us a at Rockport, 2,000 Do " and Wood Water atKinni'k. 4,500 Do " at Quincy, 2,000 Do " at Springville, 2,0O0 Do " and Wood Water at Green- upsburg, 4,500 Do " at Amanda Furnace, 2,00 Do W Wood and Water at Cattlets- burg, 6,500 Engine House and Turntable at Catletsburg, 8,000 14,500 Total Cost of Station Buildings, c. 82,000 The prices of quantities upon which the Estimate is based, include all Centering, Scaffolding, Cement, Coffer Dams, c., necessary in building the Viaduct, Arch and Bridge Mason- ry. The Earth price is for Excavation only, with an allow- ance of t of 1 cent. per yard, for each and every 100 feet it may be necessarily hauled from the Excavations to the Em- bankments. The same allowance is also made for hauling Rock. The allowance for Foundations is probably suffici- ent to equal the cost of that item. The estimate for Bal- lasting does not include the entire line: only upon such por- tions of it as seemed to be destitute of suitable material for a first rate Roud Bed, was any allowance made. The price of Bridge Trusses, includes the Plate Iron Roofing, Side Boarding, c., necessary to preserve them as much as pos- sible from the depreciation to which they are liable. The prices of Fencing, (which is not estimated continuous as there will be partial omissions) altering roads, Farm and  Road Crossings and Qattle Guards, will, without doubt, be enough for those purposes. The estimate for Land and Land Damages may be considered low, but it is believed that the land owners upon the line of your road will, (view- ing the importance of the Railroad) release the right of way upon a great portion of it, or for a small remuneration in Stock, allow you a clear track through their lands. The es- timate for Station Buildings is made for structures of a size and durability suited to the wants of your road. The esti- mate for Motive Power and Oars is sufficient for commenc- ing business in the most economical manner; as that increa- mes, a greater number of them will be needed. In view of the important position of your route, I have given you a full and ample estimate for a first Class Road; a Road in ev- ery respect equal to the wants of the country and in char- acter with those with which it connects. I know of no one in the Union that can be operated and kept in repair for so little expense. Thus you will have a road averaging less than 19,000 per mile (including every thing needed to put it in complete working trim) of the very highest order, essenti- ally, straight and level and certain in its operations, (which peculiarly adapts it for successful competition with the Riv- er Steamers) the cost per mile of which is far below Eastern Roads, and will compare favorably with Western Lines now in progress. For more special information, your attention is invited to the accompanying Map, Profiles, Estimate Books, c., that are particularly marked. Having now put you in possession of the principal facts, relating to the Construction of your Road, I will (though it does not strictly come within the duties of an Engineer) briefly state some of its advantages and connections with other lines. 1 st. Its connections with Eastern Cities and the Seabord. From the Cities of Richmond, Norfolk, Lynchburg, and Washington, various lines are in progress, all tending to a common point (the Eastern Terminus of your road). The Virginia Central Railroad Company has at this time up- wards of 100 miles of its road in operation from Rich- mond, besides an additional portion soon to be opened. The Company have, it is stated, now funds sufficient to  Construct it to a point 200 miles from Richmond and over the most difficult part of their line. From Southern Virgin- ia it is contemplated by an efficient and energetic company to construct a road to Guyandotte and Point Pleasant via New River and the Great Kanawha. The James River and Kanawha Canal is now completed 196 miles from Rich- mond in the same direction. From Washington City a Road is proposed, tapping the Virginia Central. Also, the extension of the Winchester and Potomac Railroad from the Baltimore and Ohio road is in progress. Thus you will have the advantages of competing Routes to the Eastern markets, which will always ensure you a quick and cheap communication; andVirginia by completing them has before her the whole WVest and South West, and her Cities may be the great markets for its vast products. The great interests at stake in these various improvements and which have impelled them forward will drive them to completion, leaving no alternative but for them to connect with your road and that speedily. Besides these outlets, there are others crossing the Ohio River at Portsmouth via she Sciota and Hocking Valley and the Cincinnati and Ma- rietta Roads (both under way with every prospect of an early completion) to Baltimore and Washington and other Cities East, over the Parkersburg and Baltimore and Ohio lines, or to Wheeling, thence via the Ilempfield and Pennsyl- vania Central, to Philadelphia. A communication to the Lakes can be had from Portsmouth direct via the Lake Erie and Cleveland and Columbus, or the Mansfield and Sandus- ky Roads. The sum necessary to prepare your line for the Rails to this point, 514 Aniles from Maysville, will not exceed 390,000. 2nd. Its South Western connections. The Geographi- cal position of your Route (as a glance at the accompaning Map will show) is such, that all lines from Memphis, Nash- ville and Louisville, seeking the most direct route to Virgin- ia, Baltimore and Philadelphia, must of necessity pass over your line. These routes, of which there is is now about 1NO miles in operation, and upwards of 400 miles in progress 4 construction and about being commenced, besides 100 miles more proposed, with every prospect of being soon built; oc- 11153 cupying 100,000 square miles of country, with a pophlatiori of 2,000,000 persons, and one of the most wealthy and fertile portions of'the Union; all have a common interest at stake in the early construction of your road; looking upon your line as the only connecting link, South of the Ohio River, with the Great Eastern Roads before mentioned. 3rd. Its own Local Business. The country traversed by your road is one of the most beautiful and productive, being one continuous line of River Bottoms, whose capacity for the agriculturist is not exceeded, and high ground, rich in Iron Ore, Coal, Slate Stone for roofing, White Limestone which produces fine white lime containing (50 or 70 per cent. of Magnesia; Fire Clay; Free White or Sand Stone; Alum, Copperas, and Limestone for Lime and flux for Furnaces, enough for ages; with an abundance ot the finest of Chest- nut, Pine, White Oak, Locust, Poplar and other valuable Timbers, which will be needed for Building purposes in the Central Counties of the State, that are nearly destitute of timber and stone. Upon the Eastern end of your line and within 20 miles of it, in the counties of Lewis, Greenup and Carter, are now in operation no less than 13 Blast Furnaces, which make an- nually 20,000 tons of Pig Iron. Further inland the mineral is more abundant and of a superior quality; but few are in operation, for the want of facilities of transportation to car- ry their products to market. T-e building of your road will develop these Mineral resources, and we can hardly over- estimate the value of them, when their rich deposits are placed in an available position. When the importance of saving time and money is considered, you will no doubt have (in view of the delays and imperfections of navi- ,ating the Ohio River) an immense traffic. The produce of Central Kentucky will have over your road a speedy con- nection with Eastern Markets at all times and the business interests of the South West and East will be eager for its completion and will sooner or later force its construction. The limited time in which we have been obliged to Survey and Estimate the route of your proposed road, has prevent- ed the collection of reliable facts upon which to base an Estimate of its probable revenue. I would, therefore, rcfr [ 16] you to the reports of those lines from Maysville to Louis- ville. You can properly claim their estimated income (and what is now actually paying upon some of them) as the profits for this Road. In the field and office work, I have been ably assisted by Messrs. KIDDER, CHATFIELD and Louai- XEt:; it affords me pleasure to acknowledge the faithfulness and alacrity with which they have discharged their respec- tive duties. Respectfully Submitted, CHARLES B. CHrILDE, Civil Engineer. TO THE PUBLIC. General Considerations in favor of the Maysville and Big Sandy Railroad. The advocates of this enterprise submit its claims to the consideration of capitalists and the public, on the intrinsic merits of the project. Without elaboration, some of these will be here presented, to which the earnest attention of the reader is respectfully invited. The accompanying report, by Charles B. Childe, Civil Engineer, under whose able and efficient personal direction the surveys and estimates were made, presents a professional exhibit of all the important charac- teristics of the proposed railway, from which and the subjoined state- ments, the intelligent reader will be euabled to form a correct judgment of its character, capacity, utility and prospects as an artificial facility of transport and travel. It will be seen, from this report, that, in all the essential elements of a first-class railroad-in its easy grades, its slight curves, its low cost of construction and operation, its permanent durability, its exemption trom danger of successful rivalry, and its prospects of lucrative business-the claims of the proposed railroad to professional and practical approbation, are peculiarly impressive. In all the world, there are few railroads of equal length, combining so many important and favorable elements as one of the lines indicated in the accompanying report of surveys. Its grades and curves are so easy and slight as to offhr scarcely any appreci- able obstruction; the track will be nearly all level and nearly all straight; the materials for construction, sand, gravel, stone and timber, are the best possible, and attainable at the least possible expense; so that it pro- poses an important public work, constructed and operated at slight com- parative cost, and a work, at the same time, as permanent and indestruc- tible as wit of man can make it. It will be seen that the estimates con- template viaducts of stone over all the streams, throughout, instead of wooden bridges, and that, owing to the accessibility, abundance and cheapness of a first-rate description of this material, (a beautiful sand stone, easily cut, and proof against any pressure or any vicissitudes of climate or weather, of the same kind used in the "Burnet House," Cin- cinnati,) as well as of other necessarry materials, the average cost or construction, per mile, will be considerably less than the cost of inferior roads in the West, the stream crossings of which are constructed of per- ishable timber. It will be obvious to every one, how comparatively slight will be the expense of operating a road of such durable construc- tion and such easy grades and curves. These are considerations, in ref- erence to the character of the project, of the highest importance. The inquiry next presents, whether the business on this line will jus- tify the construction of the proposed railway! To determine this, let the facts and considerations subjoined, be candidly weighed by practical business men. The only doubts on this point rest on the suggestion that the road will run near to, or parallel with the great highway, the Ohio river, and that the population and productions of the country between Maysville and the Big Sendy river, are inadequate in numbers, strength and importance, 3  fo sustain so great a work. The doubts thus suggested will be fairly answered. With an experience that reaches back to the earliest navigation of the Ohio river, and most especially in view of the impressive experience of the last year, during more than half of which its navigation has been either partially or wholly interrupted, alternately by low water and by lee, all conducing to prove that it is not a safe, permanent and reliable channel of conveyance, it would be trifling with intelligent and practical men, especially in the present age of mighty improvement and progress, to allege that this rivet affords, or is capable of affording, even to the in- habitants immediately on its banks, adequate facilities for transport and travel. It may be granted that water transportation is most economical for some descriptions of heavy freights, such as iron, salt, lumber, coal, stone, c., which do not require to be moved with great rapidity at par- ticular seasons or moments; but taking all these out of the calculation, there will be ample business for the proposed railway. The Hudson riv- er and Lake Shore Railroads, not to specify others, which are construct- ed on the margin of permanently navigable waters, and at far greater cost than will attend this, conclusively demonstrate the necessity of such facilities, even along the line of water courses. They are demanded by economical considerations, looking to the saving of time, of money, of interest, of insurance, and of life; and are therefore necessary in view of the public welfare. If the Ohio were a permanently navigable stream, as it never was and never can be-if the sarcasm of John Randolph, that it is dried up half the year and frozen up the other half, were less an exaggeration than it is-still, public interests would imperiously re- quire this road. But it would be doing injustice to its merits to consider it in such restricted view. It is not a mere scheme of rivalry with the river. It runs near the river, for a part of its route, only because the river, for a part of its course, lies in the general route of the railroad chain of which it is but a link, and because the river valley, for that part of its course. offers the easiest and most eligible ground to run upon. It is a section of a great national thoroughfare, a portion of which, owing to geographical, topographical, and other important considerations, (di- rection, distance, grades, curves, cost, c., all taken into view) lies most eligibly near the Ohio river; and it so happqns that this portion lies only between Maysville and Big Sandy river. This is but a small part, a mere link of the grand chain,-less than a hundred miles of the thousands of miles of the great system of which it may be justly considered an indis- pensable element. So that, taking all considerations into view, it is for' tunate rather than otherwise, that this road, contemplated even as a dis- tinct enterprise, will run on a route so favorable as that offered in the ra- vine of the Ohio. It is in view of its connexions, then, besides its local characteristics, that the merits of this road should be canvassed. To the second ground of doubt, therefore, it is answered, that the present population and productions of the country along the line, though they have not been fairly appreciated hitherto, are not the fit, measure, by any means, of the importance and necessity of the proposed road. There are few railways in all the world, the whole business of which is derived along their lines. Nearly all of them draw a valuable, and many of them much the most valuable, portion of their resources, and certain- ly every one which, like this, is a link in a lengthened chain, from dis- tances far beyond either terminus, and far aside the intermediate line. But the elements of production, of great production and great wealth, and of course of the means of sustaining a great augmentation of popu- lation, lie immediately along the line of this road, ample enough to sue- tbin it in the future, considered merely as a local road. The Ohio river [ 19] bottoms which it will traverse, are exceedingly fertile; and the bills in the rear have been greatly undervalued even for purposes of husbandry. simply because they are not so productive as the bottoms and the rich lands of the interior. If the hills of Lewis and Greenup counties, just as they now stand, could be plucked up and transported to Massachusetts, the people of that State would rejoice as if the Omnipotent had created a new Eden and made them its favored and happy tenants, But the actual natural resources of the country along the line, inde- pendent of its agricultural capacity, are remarkable for their abundance and superior quality. Its timber and minerals are of incalculable value. It is doubtful whether, considering position. accessibility by land and water to markets, superior quality and low cost, there are such valuable and desirable bodies of timbered lands to be found in the West as skirt the Ohlo river in Lewis and Greenup counties-extensive forests of oak, (interspersed with other valuable timber, ash, pine, locust, cedar, c.) adapted to ship-building and a variety of other economical uses, which may be purchased at most reasonable rates per acre. The excellence of the iron ore of Greenup, where there are about a dozen furnaces in blast, is attested beyond all cavil by the fact, verified in the commercial prices current, that in Pittsburg, the great Iron wart of the West, the pig-metal of Greenup county commands from three to five dollars per ton more than Pennsylvania metal. Coal, in great abundance and superior quality, is mined along the line of the road and on the Sandy river; and, immediately on its line, are the most extensive quarries of the finest building stone perhaps in the whole West. Of other minerals, owing to imperfect scientific explorations hitherto, the state of information is at present too meagre to justify any confident assertion as to their variety, extent or value, thouggh believed by many to be not inconsiderable. But if there were no other natural resources but those already mentioned and known to exist in unsurpassed abund- ance and quality-the iron, coal, timber and stone-they are of such im- portance as to justify even much greater investments than are necessary to construct the proposed road, which will prove a powerful auxiliary in developing them. It is confidently believed that these natural resources, found in such favorable positions on the Ohio, midway between the Atlantic seaboard on the one band and the extended Southwest on the other, opening the most valuable markets, will necessarily attract capital and labor to them; and that the line of the proposed railway will soon be enlivened by busy industry employed in extensive manufacturing establishments-Forges, Rolling Mills, and Manufacturies for Railroad Rails, Locomotives and Cars, Steam Engines, Nails, Carriages, Wagons, Ploughis, Ship-building, c. c.; for materials more suitable, excellent and abundant, and posi- tions more favorable, it is believed, cannot be found. Having thus briefly considered the local aspects of the enterprise, let us next examine its general features. This road is necessary to give solidity, character and effect to a sys- tem of Railroads for Kentucky, in view of promoting the interests and independence of her people; for without it, they will be cut off from the Atlantic markets, or otherwise compelled to reach them by longer and more expensive routes through other States, which would be in eflect ex- acting a tax from them as tribute to their rivals-a tax for facilities less advantageous to them than would be the shorter, cheaper and better ones here proposed through their own State! This view of the alternative is too palpable to be disguised, and it presents, in the perspective, a picture of vassalage for Kentuckians, too galling to their pride, and too ruinous to their interests, to be contemplated with any degree of tolerance.  Considering a railroad from Lexington to the Big Sandy, then, an a ne- cessity for Kentucky, and its future construction an beyond question, the route of it and the time of constructlig it, are the real questions of prac- tical interest. The tinme is now, because it is necessary to give utility and value to the interior railroads of the State; and the route is by Mays- ville for many decisively controlling reasons-because, though geograph- ically it may be some twenty miles longer, it runs through a much more wealthy, populous and productive country on the whole-because, on the whole, this route is of easier grades and curves, and can be constructed and operated at far less expense and traversed in less time with more ease and safety-because Mayeville is the most important shipping point in Kentucky above Louisville, and must necessarily be the depot for most of the ascending and descending freights on thle Ohio, to and from the interior, not stored at Louisville-because nearly one half of the whole expense of a railway line from Lexington to Big Sandy is already pro- vided for in the means already secured for the Maysville and Lexington road-and because, by this route, choice of modes of transit and choice of routes will be offered, in the extension of the railroad fron the Lakes vice Columuus to Maysville, and in the Intersection of the Sciata and Hock- ing Valley road at Portsmouth, which intersects the great railroad chain from Cincinnati to both Baltimore and Philadelphia, which last are the most direct routes from the interior of Kentucky and Tennessee to Bal- timore and all the Atlantic ports north of that city, that can be traversed north of the Ohio rirer. The reasons thus presented in favor of this route through Kentucky, over any other. are decisive and conclusive, and put out of question all danger of any rival route being constructed very soon, if ever, or if ever, of its successful competition with this. A railroad between Maysville and Lexington is now in vigorous pro- cess of construction, with ample meens and credit to insure its comple- tion without delay. -From Lexington to Louisville, a railway communi- cation is already completed. Fronm Louisville to Nashville, a road is al- sO in progress, with fair prospects of success. But returning to Lexing- ton, it should be mentioned that a railroad thence to Danville, in the di- rectest line to Nashville, is in progress, and movements are earnestly afoot to extend that line to Nashville; so that a grand chain of railroads from Big Sandy to Nashville, connecting these with the vast ramified s--stem of the South and South-west, running through the very heart of kentucky, by the most direct and eligible route, may be soon expected to be completed, which may be considered and fitly termed TH GRA CENTRAL RAILROAD OF KENTTUCKY, and part of the gran NATIONAL THOR- OUGHFARE between the great Atlantic cities and th Suthwest. And from some eligible point on this great trunk line, a railroad to Knoxville will be projected. Turn, now, to the Northern and Eastern connexions of the Maysville and Big Handy road. From Aberdeen, opposite Maysville, a railroad is projected to Hillsborough, only forty miles north, which will intersect the great East and West trunk line from Baltimore and Philadelphia to Cin- cinnati and St. Louis; and from Hillsborough it will be extended, proba- bly by Chillicothe, to Columbus, where it will not only again intersect a great East and West line, but form a junction with the directest rail- way communications to the great Lakes of the North; and this will be the shortest connexion between Cleveland, on Lake Erie, and the south- ern ports of Mobile and New Orleans. A. Portsmouth, on the Ohio river, at the mouth of the Beiota and the terminus of the Ohio Canal (the other terminus being at Cleveland) the Maysville and Big Sandy road will intersect, as already stated, the Sciota and Hocking Valley road, which in turn intersects the great trunk line (,1 ] from Cincinnati eastward, and which last forks near Marietta, one branch leading to Philadelphia and the other to Baltimore. A little beyond Greenupsburg, it will also intersect the Ironton road, running north- wardly into Ohio. Reaching the Big Sandy, a junction will there be ef- fected with the vast and ramified railroad system of Virginia, one great trunk of which, the Central, is now being vigorously pressed to that des- tination by that great State. By that system, an it is now progressing, there will be, from the mouth of Greenbrier, on the Kanawha or New river, two railroad lines, of about equal length, thence to Richmond, with prospects of early extensions to York and Norfolk, the three nearest sea- ports, respectively, to Kentucky. And besides, there will be a water line thence to Richmond, through the great James River Canal, which has already been brought within the valley between the Blue Ridge and the Alleghanies. But by the Virginia Central line, railroad communica- tions from the interior of Kentucky to Alexandria, Washington, Balti- more, Philadelphia, New York and Boston, respectively, will be enjoyed, shorter, and more eligible in view of grades, curves, stream crossings, climates, and other considerations, than can be availed of by any other lines constructed or proposed. These are striking facts, of momentous importance to the railroad system of Kentucky and the Southwest; and the attention of the reader, in this view, is solicited to the table of dis- tances annexed, corroborating the views above, prepared by Mr. Childe. Professional and practical men will be impressed by the important con- siderations suggested by this table of distances, in connexion with other striking features of the general line through Virginia, which will unite the entire seabord, from Boston to Norfolk, by the most eligible route, with Kentucky, Tennessee, and the great Southwest onward to New Orleans. Not only is the line through Virginia thus shown to be geographically shorter than any other; but if it were twice as much longer as it is short- er, it would still, owing to natural causes, of controlling influence, prove to be practically the shortest line; for the grades on the whole are easier, and it escapes the unavoidable necessity, to which all competing lines are subjected, of crossing the Ohio river twice. These considerations, apart from the advantage of the actual fact that it is the shortest route, will be found equivalent, probably, when practically estimated, to an ad- ditional gain of a hundred miles in favor of the Virginia line. There is not a stream on the Virginia line, which may not be bridged; and one de- tention in crossing the Ohio river, would be equivalent, perhaps, to fifty miles of running time. Th se are considerations of gigantic importance to Kentucky; for while the directest and easiest line ot communication is thus indicated to all the Atlantic cities from Norfolk to Boston, or even to Halifax, the gates of the whole vast State of Virginia, from which our intercourse has been almost totally cut off by lack of facilities, will be opened with wide and welcome swing to us-and opened in such man- ner, in view of geographical and other relations, as to give to Kentucky and Virginia, mutuallyas manifestly greater advantages in their commer- cial and social intercourse, than now exist, as are now enjoyed between Northern Ohio and New York, relatively, over other competitors for their trade. The value of this acquisition to both Kentucky and Virginia, which may be almost considered as so much clear gain to both, can hard. ly be overstated. Thus, by the insertion of the single link of the Maysville and Big Sandy road, will a grand chain be completed, which will stretch from Boston to New Orleans, and establish the most elegible NATIONAL Tnoa- OUGHFARE between those extreme points, and between the several points intermediate, that can be projected. L22i Consiaering, then, these great advantages-the certainty and' profit of ,4he intercourse between Kentucky and Virginia-the value of the local traffic on the line-the indisputable fact that, even if it were desirable to Kentucky to cross the Ohio anywhere in reaching the seaboard, the route by Maysville and Portsmouth is the shortest and best-and,besides all these great and obvious advantages, that the great national line here proposed is the shortest, quickest, cheapest, easiest in point of grades, and most salubrious and delightful in point of climate and scenery, pass- ing as it will near the great fashionable watering places of Kentucky and Virginia-it is beyond question that the Maysville and Big Sandy Railroad must necessarily secure and enjoy an immense and incalculable amount of passenger travel, pouring between the Atlantic seaboard and the southwest, which, being far the most profitable resource of rail- roads, will infallibly make its facilities as productive to itself as indispen- sable to the public, and render its stock both valuable and desirable to capitalists. These are some of the general considerations, (which might be much amplified and to which many more might be added) commending the Maysville and Big Sandy Railroad to the favor of capitalists and the pub- lic. They are submitted with a candor and confidence, which, fearing nothing from investigation and scrutiny, invite both. On behalf of the Commissioners, THO. B. STEVENSON, A. M. JANUARY, C. B. COONS, Maysville, February, 1852. Ccmmittee of Commissioners. I Miles to Norfolk. Miles to Richmond. Miles to Washington. Miles to Baltimore. Miles to Philadelphia. Miloes to New York. Miles to Boston. W v E4 to A 2 14 14 14 E-1  el to - to to ol oo to I _ ____ - - C1 o 4t 0)0tI itin'0 to 1-1 tot-a a t t 2 M _ cm06- 4 to - t to to ao Go2 to o0 CO c tlC)t C Z C4 C OC CO 04' k- IT- o Cn -0Z- 04 co6- tfl to C 0_ Q -.:to t 04 uwcatsc-- e_, .0_0_' . ctoxascwa to - to. O-IC6-Ct- 4CCtO .4 t0 CO OC -'1 o 04 t- _C__, o al _ a--a I - -.o_tom -e .c -n - : d d a- ' o e X , A Cr 0 '0 a -o 1R 0 bH C p F" a a A F" t'a'4 'a "CA 30s '-a. v -4-q 0 CD n '- a g .5 D Io to -n ,, P , 'm 0 _ a a q 4-X o ooF a _ Z cs 0 t 01g 00c e a.e C cC :g 5 n u a, 0, -.n v 24 3 oo _ 0 0 oX OCU Zo o St0 M c Charter of the Maysville and Big Sandy Railroad Company. AN ACT to incorporate the Maysville and Big Sandy Railroad Company. See. 1. Be it enacted by the General Assembly of tae Commonwealth of Ken- tue/y, That all persons who shall become stockholders, purstiant to this act1 in the comrpny hereby authorized, shall be and are made a body corporate, with perpetual succession, and all powers incident to such a corporation, in law, with powers to SUB and be sued, to contract and be contracted with, to have and use a corporate seal, under the name of the "Mayeville and Big Sandy railroad company," for the object and purpose, and with full power to construct and maintain a railroad, with all such appendages, fixtures4 buildings, anti machinery as may he deemed necessary for the use of the same; commencing at or near the said city of Maysville, in Kentucky I thence to the Big Saundy river by such route as may be found practicable, and Theans raised to Construct the same. Sec. 2. The eapital stock of said company shall be one million of dollars4 to be increased, If necessary, to complete or furnish the road with lands, depots, sites, machinery, cars, or other necessary appendages or equipments, to make or cntry on the business of said company; said stock to be divided Into shares of fifty dollars each, and shall he considered personal property. Sec. 3. That Thomas Y. Payne, Thomas B. Stevenson, Charles B. Coons, A. M. January, and James B. Robinson, of Mason county; Samuel Steven- son, T. 1. Walker, Wm. Ireland, and R. Robb, of Lewis county; Charles M. Wilson, John C. Kouns, William Corum, and George Darlington, of Greenup connty, shall be commissioners, with power to open books and receive sub- scriptions of stock in this corporation; anti they, or any three of them, may appoint the time and places of opening said books4 giving three weeks' notice of such times and places, by written notIce set up on the door of each house where such books may be opened, anti also printed in some newspaper in general circulation in the several counties aforesaid. Sec. 4. As soon as one hundred thousand dollars shall have been subscrib- ed to said capital stock, the said commissioners shall advertise an election for a president antl five directors to manage the affiirs or said company, and, at such election, two of said commissioners shall, attend and conduct the Fame, and each stnekholdter shall at such election, have one vote for each share of stock he or she may hold, anti mraty Vote bty proxy; and the persons having the highest number of votes shall be declared elected14 notified thereof, and they shall take an oath, befe re some justice of thfe peace, faithfully to dischRrgge the duties of their station1 severally. The pre.sirlent mind directors shall hold their offices for one year, and until others are elected and qualified; and shall h.ave power to fill all vacancies in their board, to appoint a treasurer, secretary, and other agents, engineers, servants, or la- borers, necestary to carry out and. eftect the object of this act. Sec. 5. That the president and directors shall. in ordler to enable them to locate, construct, and finish and furnish such railroad, nnd manage the same after the same is constructed, shall have, and they and their successors are hereby investedL with all the powers, rizhts, and privileges granted to the Maysville and Lexington railroad cormpany in the net incorporarinr said company, approved March 4, 1s; atnd they shall, in all things uppertaining to the survey, location, ascertaining the (IndaFaes for la:nds, or materials used, releases of right of way. the dee'ar,4g9 fl;videriuds rates of toll, and all other general provisions of said act, be regulated anil governed by the Fame. Sec. 6. That the counties of Mason. Lewis, and Greenup shall have pow- er to subscribe stock in the said railroad company4 as also. any corporate town in either of said counties, to any amount which may be authorized by a majority of the voters of said COntics or towns voting on such proposition na may be submitted by authority of the directors or said railroad company tiad the directors of said railroad company are hereby authorized, at ant time, after giving thirty days' notice first posted at the court house door ot ether public places in said counties or towns, and published in any newspa- per in general circulation therein, to take the vote of the citizens thereof on any proposition submitted by them for the subscription of stock in said rail- roa.d company, either on the plan of a tax for such purpose, assessed on the taxable property of the county or town, to raise the sum required, or to raise or to raise money to pay interest on the bonds of said county or town, execu- ted in ad of said railroad, or to guaranty the bonds of said railroad compa- ny; and the officers empowered by the general laws of this state, shall take such vote in the same manner and under such regulations as the laws prescribe in relation to other elections. Approved December 18, 1850. AN ACT to incorporate the Ma3 aville and Lexington Railroad Company. Sec. 1. Be it enarted by the General Assembly of the Commonwealth of Ken- tucky, That all persons who shall become stockholders, pursuant to this act, in the company hereby authorized, shall be and are hereby made a body cor- porate, under the name of i-The Maysville and Lexington Railroad Compa- ny," with power to construct and maintain a railway, with a double or sin- gle track, with such nppendages as may be deemed necessary for the conve- iient use of the samke, commencing at any eligible point in or near the city of Maysville, in Mason county, thence by the most practicable route to or near the city of Lexington, and such point therein as mav be fled by said company with the consent of the City Council of Lexington. Sec. 2. The capital stock of said company shall be one million of dollars, to be increased, if necessary, to complete the road and purchase the necessa- ry. to complete the road and purchase the necessary depots at each end, and along the line of the road; which capital stock shall be divided into shares of fifty dollars each, and be deemed personal property, Sec. 3, John Armstrong, Hiram T. Pearce, R. Collins, William S. Allen, William V. Morris, A. M. January. Abner Hord, Christian Schultz, T'. Y. Payne, A. A. Wadsworth, Marshall Key, Thomas M. Foreman, Samuel B. Poyntz, and Francis T7. Hord, of Mason county and Maysville; and G. W. Williams, Garrett Davis,Charles Talbott, of Bourbon county; John Dough- erty, Hiram Norton, Wm. Norvell, and J. F. McMillan, of Nicholas County; G. Robertson, John Norton, Henry Bell, Benj. Gratz, M. C. Johnson, and Les- lie Combs, of Lexington, shall be Commissioners for receiving subscriptions to the capital stock of the corporation, agreeably to the provisions of this act. Sec. 4. It shall be the duty of said lCommissioners, or any three of them, within twelve months after the passage of this act, to give notice in one or more papers in Maysville, Lexington, Paris, c., and in such other newspa- pers as may be deemed proper, once in a week, for three weeks in succession, of the time and place of opening books for the subscription to said stock; and they shall open books at all such places as they may deem fit; at each of all places specified, one or more of said Commissioners shall attend, on the day fixed, and for three or more days successively, and during at least six hours of each day, shall continue to receive subscriptions to the capital stock of said company, from all persons or companies who will subscribe thereto, in conformity with the provisions of this act. Sec. 5. Each subscriber, at the time he subscribes, shall pay to the said Commissioners, or to their agents appointed to receive such subscription, either in money or a ilote negotiable and payable at some bank at sixty days date, or longer, at the option of said Commissioners or their agents, the sum of two dollars on every share subscribed by him, and the residue thereof shall be paid in such instalments, and at such times, as may be required by the President and Directors of said company. Sec. 6. If, at the expiration of the time mentioned in the 4th section of this act, (viz: three days,) it shall appear that one hundred thousand dollars, or tnore, shall have been subscribed to the capital stock of the cor oration4 or as soon thereafter as one hundred thousand dollars, or upwaerd., sall have 4  been subscribed to the capital stock or said corporation, the books shall be closed. Sec, 7. As soon as may be, after closing the books, the Commissioners shall give notice of the time and place at which a meeting of the stockholders will be held for the choice of Directors; such notice shall be published in one or more papers of general circuiation, as may be along the line or route of said road, and in the papers published in Lexington, Paris, and Maysville. At the time and place appointed for such election, the Commissioners, or three or more of them, shall attend and lay the subscription books before the subscribers then and there present, and thereupon the said subscribers, or a majority of them then present in person, or by proxy, shall, from among the stockholders, elect six Directors, by ballot, to manage the affairs of the com- pany; and these six Directors, or a majority of them, shall have the power of electing a. President of said company, either from among the Directors or any other stockholder, and of allowing him such compensation for his services as they may deem proper; and that in said election, and on all other occasions whereon a vote of the stockholders of said company is to be taken, each stockholder shall be allowed one vote for every share owned by him, her, or it; and every stockholder may, in writing, depute any other person to vote for him, her or it, as his, her or its proxy; and the Commissioners aforesaid, or any three or more of them. shall be judges of the said first election of Di- rectors. All subsequent elections shall be cot ducted in the manner prescrib- ed by the by-laws of said corporation. Sec. 8. In all elections by the stockholders, a majority of the shares voted shall determine the choice. Sec. 9. The Directors shall hold their offices fur one year, and until oth- ers shall be elected in their stead; they shall appoint a Fregident, as direct ed in section seven, and some suitable person as Secretary of the corporation; they shall, moreover, Appoint all such officers and agents as the convenience of the Company may require. Sec. 10. The Directors shall have power to cause all necessary examin- ations and surveys of the route for said railroad to be made; and shall select the route on which said road shall be constructed. But if said Directors, after having selected a route for said railway, find any obstacle to continuing said location, either by the difficult of construction, or procuring right of way at reasonable cost, or whenever a better or cheaper route can be had, they shall have authority to vary the route and change the location. Sec. 11. The corporation is hereby empowered to purchase, receive, and hold such real estate as may be neeessary and convenient in accomplishing the object for which the corporation is granted; and may, by their agents, engineers, and surveyors, enter upon such route, place, or places selected, as aforesaid, by their Directors, as the line whereon to construct said rail- road; and it shall be lawful for the said corporation to enter upon and take possession of and use all such lands and real estate as may be necessary for the construction and maintenance of said railroad, and the aceommodations requisite to, and appertaining unto them; and may also receive, holds and take all such voluntary grants and donations of lands and real estate as may be made to said corporation to aid in the construction, maintenance, or ac- commodation of said road or ways; but all lands or real estate, thus entered upon and used by said corporation, and all earth, timber, stone, gravel, and other materials, needed by said company, shall be purchased of the owners thereof, at a price to be mutually agreed upon between them; and in case of any disagreement of the owner, as to the price of any lands or materials so required for said road, or if the owners are under any disability, in law, from any cause whatever to contract, or are absent from the county, application may be made, either by said owner or by said corporation, to any Judge of circuit court, or any Justice of county court, within which said lands or materials so required,or alreadyappropriated, may be, (specifying the lands or materials,) and, thereupon, said Judge or Justice shall issue his warrant, in writing, directed to the Sheriff of the county, requirinz him to susmrnon an inquest of twentv inhabitants of said county, who shall not he stockholders, nor related to the owner of the lands, materials. c., or in any wise interested, to meet at or near said lands or materials so to be valued, on a day named in eaid [27dI warrant1 not less than five nor more than ten days after issuing the esame; and it, at said timbe and place, any of said jurors summoned do not attend, the said Sheriff shall summon immediately as many jurors as may be neces- sary, with the jurors in attendance, to furnish a panel of twenty jurors at- tending; and from them each party, or its, his, her, or their agent, if either be not present in person or by agent, the Sherifl for him, her, or it, may strike oMf four jurors, and the remaining twelve shall act as the jury of inquest of damages; and belore they act as such, the said Sheriff shall administer to each of theta all oath, or affirmation, as the case may be, that they shall justly value the damages which the several owners will sustain by the use or occupation of the lands, or materials, or property required by said com- pany; and said inquest shall reduce their valuation to writing and sign and seal the same; it shall then be returned by said Sheriff to the Clerk of the Circuit Court for said county, and by such Clerk filed in his office, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shown; and when confirmed, shall be recorded by said Clerk at the expense of said company; but if set aside, the court may direct another inquisition to be talken, in the same manner above prescribed, and such in- quisition shall describe the property taken, or the bounds of the land con- demned, and the quantity or durution of the interest on the same, valued for the company; and such valuation, when paid, or tendered to the owner or owones of said property, or his, her, or their legal representatives, shall enti- tle the said company to the estate and interest in the same, thus valued, as Jully as if it had been conveyed by the owner or owners thereof; and if the owner or owners be not found it shall be sufficient if the valuation be depo- sited in any specie paying Bank to the credit of them, or their proper legal representatiies; and every Sheriff and juror acting in the premises shall re- ceive one dollar per day tor his services, to be paid on the first inquest by the said company, but upon all second or future inquests, as to the said court, may seem jJust. Sec. 12. Whenever it shall be necessary for the construction of the rail- road to intersect or cross any stream of water, or water course, or any road or- highway lying in or across the route of said road, it shall be lawful for the corporation to construct the said railway across or tpon the stream, or to cut or cross any such road or highway, and to change the location thereof dur- ing the process of the construction of saitl railway; but the corporation shall restore the stream, or water course, or road or highway, thus intersected, to its former state, or in a sufficient manner not to destroy its usefulness; and shall restore any road at a grade not exceeding the heaviest grade upon said rood existing at the present time. Sec. 13. The said corporation shall have power to locate and construct branch roads from the main route, to any other towns or places in the seve- ral counties through or near which said road may pass-not destroying the vested rights of other corporations. Sec. 14. It shall be lawful for the Directors to require payment of the sums to be subscribed to the capital stock, at such times and in such instalments as they shall see fit; and if instalments remain unpaid for sixty days after the time of payment has elapsed, the Board may collect the same by suit; or shall have power to sell the stock at public auction for instalments then due, (giving twenty days' notice of the time and place of sale, by adver- tisement in a tiewspaperin general circulation in thecounity where such sale is to be made,) atnd costs of making said sale, and the residue of the price obtained shall be paid over to the former owner. Sec. 15. That said company may demand and receive for tolls upon, and transportation of goods, produce, or property of any kind whatever, by them along said Railway, any sum not exceeding the following rates: on all goods, merchandise, or property of any description, transported by them, a sum not exceeding one and a half cents per mile, for toll; five cents per ton, per mile, for transportation; and for the transportation of passengers, not exceeding four cents per mile for each passenger. Sec. 16. If the subscribers to the company hereby created shall not be- comue so far organized as to elect a Board of Directors within two years from the passage of th-s net, and within eighteen months thereafter, mute bntafide  coctracts for the construction of at least ene-uixth of said road, the privileges of said corporation shall cease, and this act be void. Sec. 17. That any other Railroad Company which has been, or may here- airter be, chartered byl aw of this State, may join and connect any railroad with the road hereby contemplated, and full right and privilege is hereby reserved to the State, or individuals, or any company incorporated by law of this State, to cross this road; Provzdead, any other railroad connecting with the road hereby provided for shall lead from the main route and diverge therefrom at an angle of twenty degrees or more: And provided, that in forming such connection, or in crossing the said road, no injury be done t the works of the company hereby incorporated. Sec. is. That any road connecting with the road hereby incorporated, shall have their cars drawn on the said road by the Maysville and Lexing- ton Railroad Company, without delay and without unlading, on such terms as said company may agree upon, and on the payment of the proper to10s1 tke said Maysivlle and Lexington Railroad Company furnishing the motive power at a reasonable price. Sec. 19. That the said President and Directors shall, annually or semi- annually, declare and make such dividend as they may deem proper of the net profits arising from the resources of said company, after deducting the necessary current and probable contingent expenses; and shall divide the same amongst the stockholders of said company, in proportion to their re- spective shares. Sec. 20. That when any vacancy shall occur in the Board of Directors of the company, by death, resignation, or other cause, the Board remain- ing shall have power to fill such vacancy; and the person or persons, so appointed, shall continue in office until the next annual election for Direc- tors of sail company. Sec. 21, That a general meeting of the stockholders of said company may be called at any time during the interval between the annual meetings, by the President and Directors, or a majority of them, or by the stockhold. irs owning at least one-fourth of the whole subscribed, upon giving public notice for thirty days of the time and place of holding the same, which shall be at some place in Maysville, named in the advertisement; and when any such meetings are called by the stockholders, such notice shall specify the particular object of the call; and if, at any such called meetings, a ma- jority (in value) of the stockholders of said company are not present, in person or by proxy, such meeting shall be adourned from day to day, with- out transacting any business, for any time not exceeding three days; and if, within said three days, stockholders baving a majority (in value) of the sock subscribed, do not then attend, such meeting shall be dissolved. See. S2. At the regular meeting of the stockholders of said company, it shall be the duty of the President and Directors in office for the preceeding year, to exhibit a clear and distinct statement of the affairs of the company; and at any called meeting of the stockholders, a majority (in value) of the whole stock subscribed being present. or a majority (in value) of the attend- ing stockholders may require similar statements from the President anti Di, rectors, who shall furnish them when so required; and at all general meet- ins of the stockholders, a majority (in value) of all the stockholders in said company may remove from office the President or any of the Directors of said company, and fill tip vacancies thus created, in the same way, and to the same extent, that they could do at their stated annual meetings. Sec. 23. Every President and Director of said company, before he acts as such, shall swear or affirm, (as the case may be,) before some person autho, rized to administer oaths, that he will well and truly discharge the duties of his said office to the best of his skill and judgment. Sec. 24. That if any of the stock created by virtue of this act, shall re- main unsubscribed until after the election of the President and Directors, as provided for in the seventh section of this act, the said President and Direc- tors, or a majority of them, shall have power to open hooks and receive sub- scriptions to any of the capital stock of said Company which may remain unsubseribed for, or to sell, or to dispose of such unsthscribed stc for the benefit of said Company, for any sum not under its par value; (unless by  consent of a majority (in vnlue) of the stockholders;) and the purchasers or subscribers of said stock shall have all the rights, powers, and privileges of original subscribers, and shall be subject to the same regulations; and if the exigencies of the Company shoqld require the payment on the stock to be made more rapidly than is provided for herein, or should the President andt Directors, or a majority of the whole number elected, consider it expedient for the purpose of aiding the stockholders, or hastening the completion of the contemplated road, it shall be lawful for them to borrow, on the credit of said Company, a sum of money not exceeding five hundred thousand dollars, atnd shall have power to pledge the property of the Company for the pay- ment thereof. Sec. 25. That the said Maysville and Lexington Railroad Company, so as aforesaid formed, shall have perpetual succession of members; may have a common seal, may sue and be sued, plead and be impleaded, in any court of law or eq uity and the President and Directors thereof may make all such rules, regu [ations, and by-laws, as are necessary or proper for the govern- went of the corporation, or effecting the object for which it is created; Pro- ulded, such rules, regulations, and by-laws shall not be repugnant to the laws and constitution of this State, or of the United States; and said President and Directors shall let oit all contracts for the construction of said road, and for the purchase of materials, cars, engines, c., and for the erection of all necessary and convenient buildings. Sec. 26. Thhat if Any person or persons shall willfully, by any means what- poever, injure, impair, or destroy any part of any railroad constructed for said Compan tn er this act, or any of their necessary works, buildings, car- ,riages, vehicles, or machinery of said Company. such person or persons so offending, shall each of them, for every offence, forfeit and pay to the said Company a sum equal to twice the value of the property destroyed or injur- ed, or twice the datnages sustained by said Company by reason thereo which may be recovered in the name of said Company, by action in the Cir- cuit Court of the county wherein the offence shall be committed; and such offender shall also be subject to indictment in said Court, and upon convic- tion of such offence, stalbe punished by imprisonment not less than six months nor more than four years, In the discretion ofa jury. Sec. 27. That the President and Directors of said company shall cause to be paid int. the Treasury of this Cornmonwealth, a tax of six cents an- nually, upon each two shares of stock owned and held by any stockholder of said Company, the same to bes collected as now, or hereafter may be, pro- vided by law for the collection of the State revenue: Provided, that no citi- zen of this Commonwealth shall be required to list any share he may hold in said road under the equalization law; the tax imposed by this act shall be collected only upon the cost of this road, as the said road is completed and put in use, carrying freight and passengers for pay. Sec. 2. That the cities of Maysville and Lexington, and the counties of Mason, Nicholas, Bourbon and Fayette, ant any other city, county, or cor- poration, be and they are hereby permitted to hold stock in the corporation created by thris act, upon the same terms, on the same conditions, anl sub- Iect to the same restrictions, with other stockholders: Provided, the amount by said several cities, counties, anti corporations, separately subscribed, ,hall not, in any single instance, exceed the following sums: by Maysville, one hundred and fifty thousand dollars; by Lexington, one hundred and fifty thousarnd dollars; by Mnysville and Mason county, jointly, one hundred and fifty thousand dollars; by Nicholas county, one hundred thousand dollars; by Bourbon county, one hundred anti fifty thousand dollars; by Fayette coun- ty, two hundred thousand dollars; und by any other city, county, or co - ration, any sum not exceeding the largest amount aforementioned; an it shall be lawful for the President and Directors of said Company, after giving six weeks notice thereof, by advertisement, in the papers of the said several cities and counties wherein a vote shall be proposed, (or if there be no paper printed in any county in which a vote shall be proposed, then in such paper as may have a general circulation in such county,) upon a day named in said advertisement, to take the sense of the qualified voters of said cities and counties, or any one or wore of them, as to the policy of said cities and noun- L303 lice, or any one or more of them, becoming subscribers to the stock in said Railroad ompany, to any amount which may have been proposed in said printed notice, not exceeding the respective sus. above specified; and it shall be the duty of the Mayor and Council of each of the cities of Mays- ville and Lexington. and of the County Courts of the several counties, upou the day named in said printed notice, to open columns in the various pre- cincts of said cities and counties. and take all necessary measures for cor- rectly ascertaining the sense of the qualified voters of their respective cities and counties at the polls thereof as aforesaid; and provided a majonty of all the qualified voters of any of said cities or counties, who shall have cast their votes at said election, shall be in favor of the said several subscriptions of stock, as proposed to such city or county, it shall be the duty of the Mayor and Council of every such city, to pass an ordinance, directing the Mayor, on behalf of such city, to subscribe for any amount of stock provided for in said ordinance, not exceeding the sum specified in said printed notice; and it shall be the duty of the County Court of every such county, in like manner, to em. power and direct their Clerk to subscribe for the amount of stock authorized by the voters of said county. not exceeding the sum specified in said printed notice; and it shall be lawful for said cities and counties, so authorizing aub- scriptioDs to the capital stock or said Company to raise the amount of their separate subscriptions. as the same shall be called by the President and Di- rectors of said road, by a tax on tie real and personal estate of the said sev- eral cities and counties subscribing, or by borrowing the amount thereof, payable in the way, and on the terms, the said several Mayors and Councils, and the said several County Courts may deem most advisable; and the inter- est on all such sums borrowed may be provided for in such manner as to them seems best: Prorided. that all taxes laid by any city or county to pay the principal and interest (or either) of the amounts borrowed by them, shall be pledged and sacredly appropriated to such purpose and no other: And pro- vided, that all sums paid by any citizen of said cities or counties, on account of the several subscriptions of any city or county, or in payment of the in- terest upon any such subscription, shall entitle him to a certificate for the amount thereof; and when said certificates amount to fifty dollars, shall entitle him to one share in the stock subscribed by his said city or county, for every fifty dollars so held by him: Provided, further, that the City Council for the city of Maysville may, at any time after the passage of this act, on giving three weeks notice thereof in the newspapers printed in said city, cause a poll to be opened in the three wards of the city, and the sense of the voters taken as to the propriety of said city subscribing to the capital stock of said road, as provided in this charter; and if a majority of those voting are in favor. it shall be the duty of the Bourd of Conacil to sub- scribe the number of shares provided for in this charter, so soon as books shall be opened. Approved March 4, 1850. AN ACT to Amend the Act entitled --An Act to incorporate the Maysville and Big Sandy Railroad Company." Approved December 18th, 1850. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Act entitled KleAn Act to incorporate the Maysville and Big Sandy Railroad Company," approved December 18th, 1850, is hereby re-enacted from the date of the approval of this act, with the amendments and modifications herein made. Sec. 2. Be itfureier enacted, That the first Section of said Act inicorpo- rating the Maysville and Big Sandy Railroad Company, is hereby so amend- ed, as to authorise the commencement of the Railroad, therein authorised, in or near the City of Maysville, in the discretion of the Board of Directors of said Company. Sec. 3. Be itfurther enacted, That in addition to the Counties of Mason, Lewis and Greenup, and the Corporate Cities and Towns therein anthorised by said act to subscribe Stock in said Railroad Company, any other County, City or Town in the State of Kentucky may subscribe Stock in said Rail road Company on the same terms and conditions, and under the same re- -strictions.  See. 4, Be itfurther enacted, That all the General Provisions of the Act, Moorporating the Maysville and Lexington Railroad Company, approved March 4th, 1850, and of the Act to amend said Act, approved February f7th, 1851, (so far as the same may be applicable) are hereby incorporated herein and made part of this Act, for the benefit of the Maysville and Big Sandy Railroad Company. Sec. 5. Be it further enacted, That if any County, City or Town in the State of Kentucky, shall desire to subscribe Stock in said Maysville and Big Sandy Railroad Company, such County, City or Town shall have the privi- lege to subscribe Stock therein, either under the provisions of this Act, or under the provisions of the -Act to authorise the County of Fayette and Ctityof Lexington to subscribe Stock in Railroad Companies," approved January 25th, 1851, as the authorities of such County, City or Town may elect. Sec. 6. Be it furthe enacted, That the fourth section of said Act, incor- porating the Mayiville and Big Sandy Railroad Company, is hereby so amended, that the number of Directors in said Company shall be nine in- stead of five4 to be elected by the Stockholders, as provided in Said fourth Section of said Act, at such time and place as the Commissioners Pained in said Act, or a majority of them may designate by public notice; that the Directors so elected, shall choose a President of the Company, who may either be one of the Directors or any other Stockholder in the Company; that the President and Directors shall constitute the Board of Directors, with full power to direct and control the entire business affairs and concerns of the Company; and that when the President shall he chosen from the num- ber of Directors, five members of the Board of Directors shall be a quorum to transact any business; but if the President shall be chosen from the num- ber of other Stockholders, six menmbers of the Board of Directors shall be required to form a quorum P'roivded, That this section shall not be con- strued so as to prohibit a less number of Directors exercising any executory or ministerial functions in carrying out measures previously sanctioned by a quorum or full meeting of the Board of Directors. Sec. 7. Re it further enacted, That the said Maysville and Big Sandy Railroad Company may receive grants of land from Congress, and subscrip- tions of Stock by individuals, Counties, Cities, Towns, Raihoad Companies and other Corporations of other States, as well as of the State of Kentucky, in aid of the construction and operation of said Railroad; and may also re- ceive the Bonds of such Cor orations and procure their guarranties or endoTse- ment of the bonds of said Railroad Company, issued in aid of the construc- tion and operation of said Railroad, and may negotiate, sell and assign the same, on such terms and conditions as the Board of Directors may deem ad- tantageous to the interest of the Company. Sec. 8. Be itjiurther enacted, That whenever any portion of said Railroad shall be completed anti in readiness for business, such portion thereof may be put in operation, under authority of the Board of Directors, on such terms, for the use thereof or such rates for transporting passengers or freight there- on, as the Board of Directors may prescribe, not exceeding the maximum rates authorised by the fifteenth Section of the Act incorporating the Maysville and Lexington Railroad Company: IVorided, they may make Special Contracts for Special Services, on such terms and conditions as the parties thereto may agree upon. Approved November 25th, 1851. AN ACT to amend the act incorporating the Maysville and Lexington Railroad Company. See. I. Be it enacted by the General Assembly of the Commonwealth of Ken- tucky, That the county court of any county, or city council of any city, who shall subscribe stock in s8aid Maysville and Lexington railroad compa- ny, under the provisions of an act to which this is an addition, shall be au- t horized to execute bonds of the county or city, payable to the president and directors of said company, for the amounts severnlly subscribed by said coun- ties and cities, payable at such times as may be deemed best by said county courts and city councils; and said courts and city councils respectively,  shall have power, and It shall be their duties, eeverally, to levy and collect upon the real and personal property of said counties and cities, an amount4 In money, sufficient annually to pay off the interest on said bonds; which in- terest shall be levied and collected us other taxes are collected in this state, and by the same collecting officer, under the same penalties, and subject to the same amercements for neglect of duty, as such collecting officer is subject to for a failure to collect and pay over the state or city revenue. Sec. 2. That said levy of tax, to raise the interest to become due yearly, shall be made on the real and personal property, ds assessed for taxation for state purDoses, In each county and city, and if ary county court or city council shall, in the discretion given them in the 28th section of the act to which this is an addition, decide to raise the amount or any part thereof, in money, to pay the subscription made to the capital stock of said company, a tax for that purpose may be levied and collected in the same way as pro- vided above in relation to interest; and said courts and city councils, re- spective]y, shall demand bond and security of any sheriff or collecting offi- cer, conditioned ror the faithful collecting and paying over said money. The said sheriff or other collecting officer shall be entitled to the same fees and per centage as is allowed for collecting other city or state taxes. Sec. 3. That the bonds authorized to be executed by the first see tion of this act, shall be negotiable and transferable by the order of the president and directors of said company; and the indorjement of the president, coun- tersigned by the secretary, shall be the form of transfer; and all certificates given to tax payers, of interest on county or city bonds, shall also be begoti- able by the indorsement of the payer of the said tat; and the stock issued upon any such certificates shall not be deducted from the city or county stock, and Lo produce equality between city, and county, and individual stockholders, the board of directors shall open an interest account with all individual stockholders, and annually, until the road shall be in operation, allow interest to each stockholder on the amount by him paid and issue a certificate thereof to him, which shall be assignable; and when any holder has such certificates to the amount of fifty dollars, he shall be entitled to a share of stock: Protided, said certificates to the tax payer, and to the indivi- dual stockholders for interest, shall not bear interest: ATnd provided further, that interest shall be charged aFainst the individual stockholder who fails to pay the calls upon his subscription. Approved February 17, 1851. AN ACT to authorize the county of Fayette and City of Lexington to sub- scribe stock in Railroad Companies, Sec. 1. Be it enacted by the General Assembly of the CommonwealWt of Ken- tucky, That whenever any company, incorporated to construct a railroad orl which the city of Lexington shall be a point, shall request the county court of Fayette county to subscribe, either absolutely or upon specified conditions, the bonds of said county, for any portion of the capital stock of such com- pany, not exceeding two hundred thousand dollars In amount, the count1 court shall, within sixty days thereafter, on a day to be by it appoted cause a vote of the people of the cotnly to be taken at the severa election precincts in the county, and in the city of Lexington, upon the question whether or not the court shall subscribe the proposed amount of stock; or, ii the request shall be for a conditional subscription, whether or not the court shall subscribe the stock on the proposed conditions; and if, before such vote is taken, the company making the request shall deem it advisable to postpone said vote to any other dam, and if, upon motion, the county court shal approve smid postponement, the said vote may be so postponed, due notice being given thereof in the newspapers ol the county: Provided, that no company shall have authority, by this act, to make more than two re- quests of the county court of Fayette county, nor shall more than twvo votes be had upon any one road: Providcdfurther, that the conditions upon which the subscription may be asked shall not in any manner propose to change, alter, or affect any of the provisions of the charter of the company asking the subscription.  Aec. 2. Thn t when the county court shall fix the day for taking any such tote as is abhove provided for, it shall appoint the judges and other officers necessary to conduct the election, and the return thereof shall be made to the clerk of the county court within ten days after the same shall be held. Sec. 3. That at its next term the court shall order the vote for and against the subscription to be entered on its record; and if a majority of the votes cast shall appear to be in favor of the subscription, the court shall order its clerk to make it forthwith, in the name of the county, and in accordance with the vote. See. 4. That when any such subscription shall be made, the bonds shall be executed, under the seal of the county court, signed by the presiding judge thereof, and countersigned by the clerk. They shall be negotiable and payable to the railroad company for whose stock they shall be subscrib- ed, in the city of New York, thirty years after date, and shall bear interest from date at the rate of six per cent. per annunm. Sec. 5. That the times at which said bonds shall be issued shall be fixed in the request of the railroad company to the county court, except that not more than half the amount of bonds subscribed to any company shall be is- sued to it in one year. Sec. 6. That afterany such subscription shall be made, the commission- ers of tax for the connty of Fayette shall distinguish, in their tax lists, be- tween the property listed, both real and personal, which is most usually kept in said county, and that which lies or is most usually kept in any other county. Sec. 7. That, until the dividends on the stock subscribed for shall be suf- ficient to pay the interest on the bonds above mentioned, the county court shall levy a tax on the property, both real and personal. as listed for state purposes, which shall lie or be most usually kept in said county, sufficient, after making a reasonable allowance for delinquencies, to pay said interest, or such part thereof as such dividends shall be at any time insufficient to pay; and said levy shall include the amount given in under the equaliza- tion law. Sec. 8. That within twenty days after the election of the county judge and justices of the pence, under the new constitution, if any such tax as is above provided for shall have been levied, and if no such tax shall have been by that time levied, then within twenty days after any such shall be levied, the presiding judge of the county court shall summon the justices of the peace of the county to meet together, on a day to be by him appointed, to elect three persons, who shall be called the commissioners of the sinking fund of Fayette county. One of said commissioners shall hold his office for one year, another for two years, and another for three years, the term of each to be decided by lot. And annually, after the first election, the iusti- ces of the peace shall reassemble and elect a commissioner to fill the place of the one whose term shall then expire, and such commissioner shall serve for three years. Sec. 9. That said commissioners shall annually appoint one of their num- ber treasurer; and such treasurer, before he receives any moneys under the provisions of this act, shall execute bond with surety, to be approved by the county court, in double the sum which shall be expected to be collected dur- ing the year then to ensue, under the provisions of this act, payable to the county of Fayette, and conditioned to account for and pay over, on the order of said commissioners, all funds which shall come into his hands under the provisions of this act; and said treasurer shall be allowed for his services not exceeding one per cent. of all moneys which he shall receive and pay over. Sec. 10. That the sheriff of Fayette county shall collect all taxes levied under the Authority of this act; and, for that purpose, he shall have the same powers of distraining, advertising, and selling personal estate and slaves  which be lias in the collection of the state revenue; and when he Bsall be umnble to find. any personal estate or slaves liable to the tax of any indivi- dual, he may levy on his real estate, and sell the same under the rules and regulations prescribed for the sale of real estate under executions. But the owner of any real estate, so sold, who shall not have consented in writina, to the sale, shall have five years to redeem the same, upon the payment of the purchase money and ten per cent. interest per annum, with all taxes and. levies which shall have accrued subsequently to the sale; and any such own- er who shall have so consented, in writing, shall have one year to redeem, upon the same terms. Sec. 11. The sheriff shael, from time to time, pay over said taxes to the treasurer of the said sinking fund commissioners as te eisall collect the same, under the penalties prescribed by law for failing to pay over the state reve- nue, and take duplicate receipts therefor, one of which he shall lodge with the clerk of the county court; end be shall be allowed for his services two per cent. of all moneys collected and paid oyer. See. 12. That the commissioners of the sinking fund of Fayette county shaltsee that the sheriff collects and pays over, according to low, the taxes herein directed to be levied, and shall institute legal proceedisngs against him in case of fail-ire. They shall appropriate such taxes to the payment, at the city of New York, of the interest on the bonds lerein directed to be issued. They shall cast the votes to which the county of Fayette shall be entitled in any railroad company, by reason of its stock subscribed under the provisions of this act. They shall receive the dividends upon nal sich stock, and apply them first to the payment of the interest on the county bonds, and when a surplus shall accrue after the payment of such interest, they shall apply it to the purchase of such bonds, if they can be purchased at par; and if that cannot be done, they shall invest such surplus in some sale and profitable manner, hand in such manner that when it shall, at any time, be wanted for purchase or payment ot' the county bonds, it can be speedily and readily converted into cash for that purpose. Slec. 13. All dividends whicl shall be received upon any railroad stcck which shall be owned by the county of Fayette, are hereby Eacredly set apart as a sinkng fund,, to be only used as above provided, for the payment of the principal and interest of bonds which shall be issued by the county of Fay- ette, under the provisions of this act. See. 14. That the said sinking fund commissioners shall keep a record of all their proceedings and doings; and their treasurer shall keep strict accounts of all moneys which shall be received or paid over by him, and shall annually, before the expiration of his term, settle the same in the Fayette county court. Approved January 25, 1851. i I I N. 'N13, -S::\Im 05: 002 ltl9 i :: ...;,:.!._...eAc =_ :'" :00/S ,3: : , I I : I11 I I I p I 11 I II i --- ------,ll, I Mi L- I I 1 \ 11I- L- 't t, Ill,o I I o5 1 j:, -1-1_ -Al -, u r fix )L I .1140 1 . li 1---.. t , i I t t i i II 3 i 11, I.''I i, 11, ;-I II