1845

Seminary established & Trustees in

Henry county, to be known and called by the the name of the Port Royal Seminary; and that Hezekiah Cox, Burkett I. Bowen, Norvin Green, Washington Perry, and James Coblin, be, and they are hereby, constituted a body corporate and politic, they and their successors in office to be known and des- corporated. ignated by the name and title of the Trustees of the Port Royal Seminary; and in such name shall have perpetual succession in office, with the full power and authority to sue and be sued, plead and be impleaded, in any Court of law and equity.

May pur

lands, &c.

ted.

President,

SEC. 2. Be it further enacted, That the said Trustees, and their successors in office, by the name and style aforesaid, chase and hold shall have power, and be capable in law, a majority concurring, to purchase, receive, and hold, to them and their successors, for the use and benefit of said Seminary, any lands, tenements, rents, or chattels, which may be given, devised to, or purchased by them: and in such name may rent, lease, or hire, or sell and convey, any estates, real or personal, which they may have so acquired, and invest the proceeds thereof as, in their opinion, the interest of the Seminary may demand. SEC. 3. Be it further enacted, That it shall be the duty of said Trustees to convene within sixty days after the passage &c., to be elecof this act, and after taking a solemn oath before some acting Justice of the Peace for this Commonwealth, organize themselves into a Board, by the election of one of their number President, and electing suitable persons Clerk and Treasurer, either of whom shall be subject to removal at the will of the Board; and the Treasurer to give bond, with approved security, executed to the Board of Trustees, and conditioned to the give bond. faithful performance of the duties, and punctual discharge of the liabilities of his office; and that the Board then proceed to procure, by purchase, donation, or otherwise, suitable grounds and buildings, in or adjoining the town of Port Royal; in furtherance of which, they shall have power, in their corporate capacity, a majority concurring, to contract debts, borrow moneys, collect subscriptions, which have recently, or may hereafter be, assigned for building a school house in or near Port Roval.

SEC. 4. Be it further enacted, That it shall be the duty of the Board to sit for business, a majority constituting a quorum, at least once in three months, and oftener if necessary, for the management of the general concerns of the Seminary, and looking after the progress of its pupils.

Treasurer to

When Board

to convene.

Teachers to

SEC. 5. Be it further enacted, That the Board shall have full power, a majority concurring, to employ a teacher, and be employed. assistants if necessary; to establish the rates and conditions of tuition; and to make and enact such rules and by-laws, not conflicting with the Constitution and Laws of this Commonwealth, as they may deem expedient.

SEC. 6. Be it further enacted, That the effects of the Sem- Property of Seminary to inary alone shall be liable for the obligations of the Trustees, be liable for and that the signature of the President of the Board shall be contracts.

1

1845

Term of office Trustees.

election to be

and

sufficient in its business transactions; but the President shall not be authorized to assign contracts or obligations involving liability without the previous order of the Board.

SEC. 7. Be it further enacted, That the present aforenamed Trustees shall hold their office for two years from the first Saturday in May next, and until their successors are elected, installed into office, and duly organized; and that the first Saturday in May, 1847, and on the same day in every second year thereafter, be, and the same is hereby, appointed for the biennial election of Trustees for said Seminary; that in case of any vacancy or vacancies occurring in the Board of Trustees, the same may be filled by the remaining Trustees.

SEC. 8. That it shall be the duty of the existing Board, to Notice of give notice at least twenty days previous to an election, by posting up at least three advertisements; to appoint two how conducted Judges and a Clerk, to preside over the election, who shall be sworn to the performance of their duty; and who shall perWho may mit all persons authorized to vote in the State elections, who

given,

vote.

in their opinion do not reside at a greater distance from the town of Port Royal, to cast their votes for the five persons of their choice for the office of Trustees, any bona fide housekeeper residing in said boundary, being eligible to said office; and the five persons receiving the greatest number of votes, upon said day, shall be certified by the Judges and Clerk, as duly elected, and shall proceed to organize as specified in the third section of this act.

Approved February 10, 1845.

names.

CHAPTER 289.

AN ACT to incorporate the First United German Protestant Church in the city of Louisville.

WHEREAS, It is represented to the present General Assembly, that the First United German Protestant Church in the city of Louisville have heretofore subscribed a large amount of money for the purpose of building a church in said city, and have purchased a lot on the corner of Preston and Green streets, in said city, on which they have erected a building for the purpose of public worship by said Church; and that a portion of said subscription money yet remains unpaid-therefore,

SEC. 1. Be it enacted by the General Assembly of the ComCorporators monwealth of Kentucky, That Philip Tomport, John Long, Henry Muntzke, Gotlieb Kriel, Henry Myer, Sen., and their successors in office, be, and they are hereby created a body corporate and politic, by the name and style of the Trustees of St. Paul's Church of the First United German Protestant denomCorporate ination, and by that name to have perpetual succession, with all the powers incident to a corporation, for the purposes of con

powers.

1845

May hold

tracting and being contracted with, of suing and being sued, of pleading and being impleaded, so far as may be necessary to protect and preserve the rights, titles, privileges and immunities of said Church, which now do, or may, or shall, hereafter belong to the same; also, to buy and receive conveyances for any lot or lots, or other real estate, which may have been pur- lands, &c. chased heretofore by the Trustees of said Church, or other persons for the use of the same, or which may hereafter be given or devised to them for the use of said Church; all of which said property shall pass to them and their successors in office forever, pursuant to the desire or the express limitation of the donor or grantor: Provided, that said corporation shall not be permitted, at any time, to hold more than five acres of land, as provided for in the law regulating the holding of land for the use of religious congregations in this Commonwealth.

Purchasers

SEC. 2. That those persons who purchased said lot, so built upon as aforesaid, are hereby vested with power and authority of lots to deed said lot or part of lot, to the Trustees herein named, deed and their successors in office; which deed, to be made and acknowledged and recorded, as other deeds of real estate, under the laws of this State.

it

Trustees.

tees.

may

to

SEC. 3. That the said Trustees, hereby appointed, shall con- Term of oftinue in office so long as they shall continue to be members of fice of Trussaid Church, unless they shall sooner resign or refuse to act; and whenever vacancies may occur, it shall and may be lawful for the same to be filled pursuant to said Church discipline, how filled. and the rules and regulations of said Trustees.

SEC. 4. That a majority of said Trustees shall, at all times, constitute a quorum to do business; and as such, it shall be their duty, and they are hereby authorized and empowered, to keep a fair record of all their proceedings, and to appoint all such officers as they may see proper and fit, in pursuance of their said discipline; and to pass all such by-laws and regulations, relative to the government and control of said building and Church, as they may think proper, not inconsistent with the Constitution of the United States, of this State, or the laws of the same.

Vacancies

Keep a re

cord of their proceedings: appoint offi

cers.

Pass by-laws.

Donations

SEC. 5. That all donations and subscriptions hereafter made to said Church, or Trustees thereof, or their successors, are how collected. made collectable by the Trustees, or their successors, by suit or otherwise, for the use and benefit of said Church, and for no other use or benefit whatever; and when so collected, they are hereby required to pay the same to the Treasurer, or such other person as said Trustees may, from time to time, direct.

Approved February 10, 1845.

1845

CHAPTER 292.

AN ACT divorcing William L. England.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William L. England be, and he is hereby, divorced from his wife, Nancy England; and the said William L. England is restored to all the rights and privileges of an unmarried man.

Approved February 10, 1845.

Act 1843 enlarging pow

ers Trustees of Madisonville, repealed.

ville may com

of their lots.

CHAPTER 294.

AN ACT to repeal an act enlarging the powers of the Trustees of the town of Madisonville, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, approved February 22d. 1843, enlarging and defining the powers of the Trustees of the town of Madisonville be, and the same is hereby, repealed; and the laws in force prior to the passage of said act, in regard to the powers and duties of the Trustees of said town, be, and the same are hereby, revived.

SEC. 2. Be it further enacted, That from and after the Mayor and passage of this act, the Mayor and Council of the city of LouCouncil Louis- isville shall have full power and authority to pass all ordinanpel owners to ces, by them deemed necessary and expedient, to compel the pave in front owners of lots and parts of lots fronting on the paved streets of said city, to pave the side-walks, and from time to time to repair and renew the same, and to regulate the grades thereof, and to cause proper curb stones to be put down, and to regulate the descriptions and dimensions thereof, at the costs and and expense of the owners; and to enforce the observance of May compel such ordinances by appropriate penalties, or to compel paypaving, curb- ment of the cost of such grading, paving, repairing, and curbing, &c., by ing, by suit at law or in chancery, against the owner or owners of any lot or part of a lot, failing or refusing to pay the amount assessed against him, her or them for such paving, grading, repairing, and curbing; which suit, in chancery or at law, may be maintained by any person to whom such asssesed amount is coming.

payment costs

suit.

by districts.

SEC. 3. That the Mayor and Council aforesaid, for the purTaverns, &c., pose of regulating and fixing the rates and grades of taverns, to be graded coffee houses, and beer houses, within the limits of the city aforesaid, according to their respective locations, shall have power and authority to designate, by ordinance, parts or portions of said city, which shall be known as districts numbered Rates of dis- one, two, three, and four; and that hereafter all taverns, coffee houses, and beer houses, that may be situated in those parts or portions, known as district numbered one, shall pay the sum of two hundred dollars a year for a license; and all those situated in district numbered two, one hundred and fifty dollars;

ricts.

and those situated in district numbered three, one hundred dollars, and all those situated in district numbered four, fifty dollars.

SEC. 4. That all laws conflicting with this act, be, and are hereby, repealed.

Trustees to

SEC. 5. That, hereafter, there shall be elected three Trustees in the town of Independence, in Kenton county, instead of be elected in five; under the same laws and rules as now prescribed in the Independence. election of Trustees in said town.

Trustees

in

SEC. 6. That, hereafter, the time for holding the election for Election of Trustees in the town of Wyoming, shall be changed to the first Monday in August, and be held before one Justice of the Peace instead of two.

Wyoming.

Who may

tees in Versailles.

Trustees of Elizabethtown may lay tax to

SEC. 7. That any free white male person holding title to real estate in the town of Versailles, upon which he is vote for Trusliable to pay a town tax, shall be entitled to vote for Chairman and Board of Trustees of said town, unless some other legal disqualification shall exist against such person or persons. SEC. 8. That the Trustees of Elizabethtown, as appointed under the provisions of an act, entitled, an act to amend the several acts concerning the town of Paris and Elizabethtown, approved February 20th, 1839, shall have the power, and are hereby authorized, under the provisions of said act, to levy, on the ad valorem principle, and cause to be collected, a tax for the purpose of purchasing additional ground to the grave yard of said town, and inclosing the same in such manner as said Trustees shall deem proper.

Approved February, 10 1845.

purchase burying ground.

CHAPTER 295.

AN ACT for the benefit of Beverly Robinson.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Second Auditor of Public Accounts issue his warant on the Treasurer in favor of Beverly Robinson for six dollars, balance due him for actual expenses incurred in conveying a Lunatic to the Asylum at Lexington. Approved February 10, 1845.

CHAPTER 296.

AN ACT for the benefit of James Angel and Burnley D. Smith.

WHEREAS, It appears by the petition of James Angel, of Whitley county, that, as one of the heirs of William King, of Tennessee, he became entitled to the one half of a certain slave named Lucy, and that he was compelled to purchase the other half of one of his co-heirs; and the said slave being in Tennessee, he cannot bring her into this State, without a special act permitting it-therefore,