CHAP. 349.-AN ACT establishing an Election Precinct in the county of Knox. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an election precinct be, and the same is hereby established in the county of Knox, the election to be held at the house of Ephraim Overton, on Clear creek, in said county. Approved, February 18, 1837. 1837. CHAP. 350.-AN ACT for the benefit of Rozella Alexander. WHEREAS, It appears to the General Assembly, that Rozella Alexander did obtain a divorce in the Logan circuit court, and she wishes to be restored to her maiden name, Rozella Bibb-Therefore, Name chan Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Rozella Alexander be, and she is ged. hereby restored to her maiden name, Rozella Bibb. Approved, February 18, 1837. CHAP. 351.-AN ACT to increase the salary of the Treasurer. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the Treasurer shall receive an annual salary of one thousand five hundred dollars. Approved, February 18, 1837. CHAP. 352.--AN ACT to increase the Salary of the Secretary of State. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the Secretary of State shall receive an annual salary of one thousand dollars. Approved, February 18, 1837. CHAP. 353.-AN ACT to direct the more speedy application of $7,500, appropriated last year to the improvement of Big Barren river and its tributaries, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the seven thousand five hundred dollars, or so much thereof as may be necessary, directed to be expended on Big Barren river and its tributaries, by the twenty second section of an act, entitled, an act defining the powers and duties of the Board of Internal Improvement, and for other purposes, approved, February 29, 1836, be, and the 1837. same is directed to be expended on said stream from the Double Spring Ware House up said river to the mouth of Indian creek, in Monroe county; a part of said sum on main Drake's creek from its mouth to Skaggs' mill, and a part on Trammel's fork of Drake's creek, from its mouth up to Carpenter's mill, in Allen county, and a part on Beaver creek, in Barren county, from its mouth up to Matthews' mill, on said creek. SEC. 2. Be it further enacted, That the Board of Green River Commissioners be requested, and authorized immediately, to let the clearing out, grubbing, cutting and removing the timber and other impediments to navigation, with a view to the best mode of navigation upon said streams: Provided, The Board and Engineer of the Green and Barren river improvements, and the Board of Internal Improvement, shall think this a useful and necessary part of said work, and of public util ity: And provided further, No mill dam shall be removed without the consent of the owner or owners of said dam. Approved, February 18, 1837. CHAP. 354.--AN ACT to authorize the County Court of Hancock to sell their Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county court of Hancock county, a majority of all the Justices concurring, shall have full power and authority to appoint an agent or commissioner to sell and convey the Seminary lands of said county, or any part thereof; and they shall require the commissioner, so appointed, to give bond and security faithfully to perform the trust, and pay over the proceeds of the sale to the said court or their order; and the said court shall allow the said commissioner a reasonable compensation for his services, and apply the balance of the proceeds of said lands in the purchase of a suitable site, and the erection of suitable buildings, for said Seminary. Approved, February 18, 1837. Preamble. CHAP. 355.-AN ACT to amend the law concerning private passways. WHEREAS, It is represented to the present General Assembly of the Commonwealth of Kentucky, that William G. Huff is the owner of a small tract of land lying in the county of Clinton, and has resided thereon for several years past; that said land lies in the cove of a mountain, and is so surrounded thereby, and by high cliffs, as to admit of an outlet on one side only, and that the owner of the adjoining land, on that side, has fenced in the same in such a manner as to prevent the said Huff from having a passway by which he can conveniently go to mill, to musters, and to church: And whereas, It is further represented, that the said Huff has made application to the county court of Clinton for the establishment of a private passway, under the provisions of an act to authorize the estab lishing of private passways, and that said court doubting their authority, under the existing law, to authorize the same, have refused the said application 1837. Authority of SEC. 1. Be it therefore enacted by the General Assembly of the Commonwealth of Kentucky, And it is hereby declared, that said county court, and all other county courts in this Common- county courts. wealth, shall be, and are hereby authorized to establish private passways, upon the application of any person aggrieved, as in the preamble set forth, under the provisions of the before recited act, and the several amendments thereof; the said courts proceeding, in all respects, agreeably to the provisions of said acts. cases. Passways SEC. 2. Be it further enacted, That if, from the peculiar circumstances, a private passway cannot be made without pass-through arable ing through arable lands, it shall be lawful for said private lands in certain passway to be laid off through so much of the adjoining arable land as may be necessary to give a convenient passway: Provided however, That before said passway shall be granted, a writ of ad quod damnum shall issue, to ascertain the damages which shall be sustained by the person or persons through whose arable land the said passway shall be laid off, and said damages, and all costs, shall be paid by the person applying for said passway, before the same shall be established. Approved, February 18, 1837. CHAP. 356.-AN ACT appointing Commisioners to settle with Henry B. Mayo. &c., Commissioners appointed to superintend the improvement of Big Sandy river. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Andrew Rule, John Hatcher, and Henry Stratton, of Floyd county, be, and they are hereby appointed Commissioners for the purpose of settling with Henry B. Mayo, William M. Smith, Edwin Trimble and John Stafford, Commissioners appointed by an act, approved 22d February, 1831, appropriating money and land warrant to improve the navigation of Big Sandy river. SEC. 2. Be it further enacted, That it shall be the duty of the Commissioners, appointed under the provisions of this act, to give to the Commissioners aforesaid at least ten days notice of the time and placed fixed by them for settlement; and they are hereby authorized to receive and collect from the Commissioners aforesaid, any balance of said appropriation which may be remaining in their hands unappropriated; which money, when collected, it shall be the duty of said Commissioners to loan out at interest, if they can do so, at not less than Commission. ers appointed. Their duty. 1837. Land war ated to a road. six per cent per annum, and take bond and approved security for the same, payable to the Board of Internal Improvement, whenever demanded by them, their agent or engineer, which money shall be under the control of said Board, and by them expended towards the further improvement of said river. SEC. 3. Be it further enacted, That the land warrant appropriated by the above recited act to said river, which has not rants appropri- been applied to that purpose or its proceeds, be, and the same is hereby appropriated to the improvement of the road across Abbott mountain, between Prestonsburg and Paintsville, and shall be paid over by said Commissioners to the Commissioner appointed under an act, approved, February 24, 1834, and Samuel Auxier, Commissioner appointed under this act, who are hereby appointed to superintend the improvement of said road, to dispose of said warrant or proceeds. SEC. 4. Be it further enacted, That said superintendents, Superinten- before entering upon the duties prescribed by this act, shall dants to give give bond and approved security to the county court of Floyd county, in a sum to be fixed by said court, for the faithful performance of their duty in laying out the warrant and its proceeds for the improvement of said road. bond. SEC. 5. Be it further enacted, That the county court of Floyd county is hereby authorized to make such allowance to the Pay to com- Commissioners, appointed under the provisions of this act, for their services, as they may think proper. missioners. Approved, February 18, 1837. Academy incorporated. Powers. CHAP. 357.-AN ACT to establish a Seminary of learning in the town of SEC. 1. Be it enacted by the General Assembly of the Commonwealth af Kentucky, That H. L. Edrington, J. B. Perry, William S. Jordan, William E. Sublett, E. A. Daniel and James Ringo, and their successors in office, shall be, and they are hereby constituted and created a body politic and corporate, to be known by the name and style of "The Trustees of the Clinton Seminary," and by that name may sue and be sued, plead and be impleaded, in any court of law or equity; and they may make such by-laws, rules and regulations, for the government of said Seminary, as they may deem expedient and proper: Provided, They be be not contrary to the laws or constitution of this State. Five of said Trustees shall form a quorum or board to transact any business which they are hereby authorized to do, a majority concurring therein; they shall have power to appoint some one of their own body as President of their board, and in the absence of said President may appoint a President pro tem, whose duty it shall be to preside at all meetings of said Trustees, as President of said board; they may also appoint, from time to time, a Treasurer, Clerk, and such other cfficers, as they may deem necessary and proper; they shall have power to appoint a principal professor or teacher, and such assistant professors or teachers, as they may, from time to time, deem necessary; they shall keep a fair record of their proceedings, and should any of the Trustees hereby appointed fail or refuse to act, or should the office of Trustee at any time become vacant, from any cause whatever, a majority of those then remaining in office and concur ring therein, shall have full power to fill such vacancy. SEC. 2. Be it further enacted, That the corporation hereby created shall have full power and authority to acquire and hold by purchase, devise, or otherwise, all such lands, tenements and hereditaments, money or other property, as said Trustees may think proper to purchase, or such as may be given, devised or bequeathed to them,. for the use and benefit of said Seminary, and the same to dispose of by bargain and sale, or any other mode of alienation; they shall have power and au thority to enforce the collection of any subscription which may be made for the benefit of said Seminary, at such time, and in such proportions, as they may deem just and proper. It shall not be necessary for said corporation to procure a common seal; all its corporate acts shall be manifested and made known by the signature and private seal of the President affixed to the contract or writing executed, or by some entry, minute or mem orandum, made on the record of the proceedings of said corporation; and all contracts, deeds, writings and conveyances, made and entered into in the name of the Trustees of the Clinton Seminary, and signed by the President thereof, in his official capacity, in manner aforesaid, shall be as valid and effectual in law, as if the corporation had a common seal and the same was affixed in due form to said contract, deed, writing or conveyance. The Legislature hereby reserves the right to alter, amend, or repeal this charter. 1837. May acquire property. to SEC. 3. Be it further enacted, That the county court of County court Hickman county shall be vested with full power to appropriate to authorized said Trustees, for the use and benefit of said Seminary, twelve land for the use quarter sections of the land, or the proceeds thereof, which of seminary. were donated to said county by the provisions of an act, entitled, an act appropriating a portion of the vacant lands in the district of country west of the Tennessee river, for the purposes of education, approved, January 13, 1834, and said court may appoint an agent to make sale of and convey the same, and sale and conveyance made by said agent of the land aforesaid, are hereby declared legal and valid. any Approved, February 18, 1837. CHAP. 358. AN ACT for the benefit of William S. Waller. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William S. Waller be, and he is hereby forever |