Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1919-12-20
Temporary Injunction Against
Collection Of Toll at Bridge

C.
I(signs, and OF selling. transferring and
llconvcylng In fee simple. all such lands.
Vtenements. heredltaments and estate
real and personal as shall be necessary
to them in the prosecution Of their
work"
| After a very careful consideration of
the phraseoiogy just quoted and its re-
lation to the Charter as whole. In an
endeavor to ascertain the exact powers
granted and the intent OF the grantor
the Court has reached this conclusion,
viz: The sole purpose of this Charter
was to enable the Turnpike Company
\ to form corporation and to construct
and maintain a turnpike and in the
"prosecution OF th,ir (itsl works" IL
was necessary tlat the Company
should have the power to buy real a
personal property and equally to sell
same from time TO time. but 1t was not
necessary for the 'prosccution of their
Its) works." which was to construct
and maintain u turnpike road. that
they Ut) should have the power to sell
or transfer its franchise rights to COL
lect tolls. Therefore. the Court is of
the opinion that under the grant of
powers above quoted the General As
sembly did not and did not intend to
authorized the Richmond and Lexing-
ton Turnpike Company to transfer it's
right to collect tolls to any other per-
son sor corporation or to Clay's Ferry
Bridge Company. and so far as any leg
islative authority mere granted IL con-
cerned, the purported transfer OF such
powers py deed dated January q i9Vf'
Is void ana OF no erect.
However. by an act of the General
Assembly approved December 10. 1857,
the Richmond and Lexington Turnpike
Company obtained an amendment to its
charter authorizing II to contract with
| the counties of Madison and Fayette. or
with any other person or persons for
| the building of bridge across the
Kentucky river at or near Clay's Ferry
and to transfer to such person or per-
sons the right to lave or collect all
tolls which the Turnpike Company may
have the right TO charge for passage
over the bridge.
pv m No, ,nnrouea Tohru,ry os,h
,sGo tho T,,rnni,xa Comnnnv was em-
novored IN issue bonds to enable them
m b,,ild tho bridge and IN pIcdrc IN.
mot ipcomc of the companv for tho re-
domntion of aucb .onds
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sis'a'e uc''anu Oh ene par' VI oi'iNens
., '"e No'"'nomwoai tna' an t"n
p'No ioaus co'ice'ns .oli sno.iu oe
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y, eaf" vpo".s s"ou.u .aNe Wy o'
.ne question as 70 wne.ner OF no. tney
snou'u naSe ~ WI 'npe a
'o'o Was ~ 'no ".n,''iu.lso ."o Ao.