1837. When and where sessions President and ces one year. to and said President and Directors, majority of them concurring shall have power to sell and convey said estate, or any part thereof, for the use and benefit of said society, and execute appropriate deeds there for. SEC. 2. Be it further enacted, That said Society shall hold their sessions in the town of Augusta; and the said President and Directors shall hold their office for the time of one year, unless successors shall be sooner chosen; and said successors, hold their offi- who shall, from time to time, be hereafter chosen, shall hold their respective offices for the term of one year, and until their successors shall be duly elected. Vacancies occasioned by death, How vacan- resignation, removal, or otherwise, shall be filled by the President and Directors in office, a majority thereof concurring; and the persons so elected shall hold their offices until the next election of President and Directors, at which each of the memters of said association shall be entitled to vote. cies are to be filled. Duties of Président. Board to elect officers-may pass bylaws, rules, &c Proviso. Meetings may three directors constitute to SEC. 3. Be it further enacted, That it shall be the duty of the President, or in his absence a Vice President, chosen for the occasion, to preside at the several meetings of the Board, and preserve order; and said Board may elect all such other officers as shall be deemed necessary, and shall have power, a majority of the whole Board concurring, to pass all such by-laws, rules and regulations, as they shall deem necessary for the good government of said association: Provided, That they be not contrary to the laws and constitution of this Commonwealth, or incompatible with the laws, rules, and regulations of Augusta College. SEC. 4. Be it further enacted, The President, or any three be called, and members of said directory, shall have power to call meetings of said Board, at such times as they may deem necessary; and any three members of said Board of Directors shall constitute a quorum for the transaction of business. quorum. Furniture, &c. vested in society. How suits are to be brought & prosecuted. SEC. 5. Be it further enacted, The title of all furniture, books, and other property now belonging to said society, shall be as fully and completely vested in said society, as if said property had been acquired after the passage of this act. SEC. 6. Be it further enacted, That all suits in favor of said society, shall be brought and prosecuted in the name of 'The President and Directors of the Union Literary Society of Augusta College,' and suits may be prosecuted against them in the same name; but in all suits against said society, service of process supon the President, for the time being, or in case of his absence from the county, or if there shall be no President, ident to be suf- then upon any two of the Directors, shall be sufficient to enable the court to proceed to trial, as in case of service of process by or against individuals. Service of processon Pres ficient. Approved, January 5, 1837. CHAP. 65. AN ACT more effectually to regulate the fees of Sheriffs, Coroners and Constables in this Commonwealth. WHEREAS, It is represented to the General Assembly of this State, that great injustice is done to the citizens thereof, by Sheriff, Coroners and Constables of this Commonwealth, charging fees which were never contemplated by the law regulating their fees; Therefore, 1837. Not to charge SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, no Sheriff, deputy Sheriff, fee for taking Coroner, or Constable of this Commonwealth, shall be allowed sale bond. to charge, claim or receive any fee or fees for taking a sale bond or sale bonds, where they shall sell property on a credit of three months, by virtue of executions to them directed. SEC. 2. Be it further enacted, That any Sheriff, deputy Sheriff, Coroner, or Constable of this Commonwealth, who shall violate the foregoing act, shall be subject to the same fines and penalties heretofore provided for charging and receiving unlawful fees, to be recoverable in like manner, and applied as heretofore by law provided. Approved, January 5, 1837. Penalty for charging fee for sale bond. Further time given to return CHAP. 66. AN ACT for the benefit of the Sheriff of Hickman county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Hickman county, shall be allowed until the first day of June next, to make cut and report delinquent list. the delinquents on the additional Auditors list transmitted to him for collection in the year 1836, and said Sheriffs' list of delinquents, the Hickman county court may certify at any time before the first day of June next, and for the amount thereof, the Auditor shall allow said Sheriff a credit, as if the same had been returned within the time prescribed by law. Approved, January 5, 1837. CHAP. 67.-AN ACT to establish an Election Precinct at Oldtown in Greenup county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be an additional election precinct established in the county of Greenup, comprising that part of said county called the Oldtown neighborhood, and that the place of voting therein, shall be at the house of Samuel Ossington. Approved, January 5, 1837. CHAP. 68.-AN ACT allowing the Bowlinggreen Bridge Company further time to rebuild their bridge. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Bowlinggreen Bridge Company, have the 1837. further time of two years, from and after the first day of September next, to rebuild their bridge across Big Barren river, according to the terms and conditions of an act approved February 28, 1835, and the said act is hereby revived in all its terms and provisions for the purpose aforesaid. Approved, January 9, 1837. CHAP. 69. AN ACT declaring six per cent. interest to be the prima facie ratę of interest authorized to be recovered in the several States and Territories of the United States. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That interest, at the rate of six per centum per annum, on each one hundred dollars, and at that rate, for a greater or less sum, and for a longer or shorter time, shall be taken and held in all the courts of this Commonwealth, to be the rate of interest, authorized to be recovered in the several States and Territories composing the United States; Provided, That either party, plaintiff or defendant, may prove, by competent evidence, the rate of interest recoverable in any State or Territory to be greater or less. Approved, January 9, 1837. CHAP. 70.-AN ACT for the benefit of the Sheriff of Shelby county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Shelby county be, and and he is hereby allowed until the next March term of the Further time county court, of said county, to return his delinquent list for given to return the year 1836, and that the county court, of said county, at the delinquent list. said term of the said court, shall have full power to receive said delinquent list, for the year aforesaid, agreeable to the laws of this Commonwealth, in the same manner, as if a com-plete list had been returned by the Sheriff at the proper time. SEC. 2. Be it further enacted, That if the said Sheriff of Shelby county, shall pay over into the Treasury the full amount of Amount of the revenue due from the county of Shelby, and obtain a quiedelinquents to tus, it shall be the duty of the Auditor of Public Accounts, and be paid by the sheriff. he is hereby directed to draw his warrant on the Public Treasfor the amount of said Sheriffs' delinquent list, so certified by the county court of Shelby. ury, Approved, January 9, 1837. CHAP. 71.-AN ACT for the benefit of Marquis Barnett of Calloway county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Marquis Bar nett, of the county of Calloway, to enter with the Receiver of Approved, January 9, 1837. or 1837. 29 CHAP. 72.--AN ACT for the benefit of Winford Browning. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Joseph Browning and his wife Winford Browning, is forever dissolved, so far as respects said Winford, who is hereby restored to all the rights and privileges of an unmarried woman, and that she be entitled, of the estate of of said Joseph Browning, to receive alimony, agreeable to the laws of this Commonwealth. Approved, January 9, 1837. CHAP. 73.-AN ACT for the benefit of Tylatha Knock. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between James Knock and Tylatha Knock, is forever dissolved, so far as respects said Tylatha, and that she be, and is hereby restored to all the rights and privileges of an unmarried woman, and that her name in future be Tylatha Wyatt. Approved, January 9, 1837. CHAP. 74.--AN ACT for the benefit of Thomas L. Welch. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the matrimonial bands existing between Thomas L. Welch and his wife Martha, is forever dissolved, and that said Thomas L. is hereby restored to all the rights and privileges of an unmarried man. Approved, January 9, 1837. CHAP. 75. AN ACT for the benefit of Rebecca Oliver. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing 1837. between Thomas J. Oliver and his wife Rebecca Oliver, is Approved, January 9, 1837. CHAP. 76.--AN ACT establishing an Election Precinct in Farmington, Graves SEC. 1. Be it enacted by the General Assembly of the Com- SEC. 2. Be it further enacted, That the annual court of assessment, for the 105th Regiment Kentucky Militia, shall meet hereafter, on the third Monday in November, in each year, in. stead of the first Monday in November, as now directed by law. Approved, January 9, 1837, CHAP. 77.--AN ACT to change the place of voting in an Election Precinct in Be it enacted by the General Assembly of the Commonwealth Approved, January 9, 1837. Sale of land tition filed, and lands. CHAP. 78.-AN ACT for the benefit of Elizabeth W. Dehoney, and other devi- SEC. 1. Be it enacted by the General Assembly of the Comin Scott author- monwealth of Kentucky, That it shall be lawful for Elizabeth ized, upon pe- W. Dehoney, for herself, and on behalf of her four infant chilproceeds to be dren, to apply to the Scott circuit court, by petition, setting vested in other forth, that in her opinion, it would redound to the interest of said infants, that a tract of land in Scott county, devised to her and them, by the last will of her father, Thomas Brent, deceased, should be sold, and the proceed of the sale belonging to said infants, vested in other lands in the State of Missouri, which petition shall be verified by the oath of said petitioner, and a copy of the will aforesaid, filed therewith, for the inspection of the court. |