1837. free negro, mulatto or slave, any game at cards, or with dice, or any other game whatever, whereby money or property is won or lost, shall be guilty of a misdemeanor, and shall be fined therefor, at the discretion of a jury, a sum not exceeding fifty dollars, upon the presentment of a grand jury. Approved, February 23, 1837. Preamble. May make election in Jef son circuit, to be tried in Spencer. CHAP. 431.-AN ACT for the benefit of George Hamilton. WHEREAS, It is represented to the present General Assembly, that George Hamilton stands indicted in the Jefferson circuit court for murder and manslaughter in taking the life of Fontana; and that because of existing prejudices against him in said county, it is apprehended he cannot have a fair and impartial trial in said court-Wherefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky. That upon the calling of said prosecution for trial, the said George Hamilton shall have his election to be tried thereupon, or in the Spencer circuit court; and if he shall elect to be tried in the latter, it shall be entered of record in the Jefferson circuit court that he so elects, and the said Jefferson circuit court shall thereupon recognize the said HamilTo be recog ton, by reasonable surety, to appear before the Spencer circuit court the first day of its then succeeding term to answer to the The Jefferson chuge. subject to the order of said court. circuit strall al-o, at the same time, recognize the witnesses on Witnesses to the part of the Commonwealth in said cause, to appear before the Spencer circuit court, at the same time to abide the order of said court, and testify in said cause. nized to appear in Spencer circuit. be recognized. Duty of clerk Jefferson. of circuit cer. Jefferson, trans SEc. 2. That upon the election of said Hamilton so being made to be tried in the Spencer circuit court, the Clerk of the Jefferson circuit court shall transmit to the Clerk of the Spencer circuit court, a true, full and complete copy of the record of said cause, together with all the original papers therein or thereunto appertaining. SEC. 3. That upon the election of said Hamilton so being made to be tried in the Spencer circuit court, all jurisdiction over Jurisdiction said cause, or said alleged offence, shall be, and is hereby transferred from the Jefferson to the Spe cer circuit court, and the ferred to Spen- latter shall have as full jurisdiction, to all intents and purposes therein, as if said alleged offence had been committed in Spencer county; and if, from any cause, said papers, with a copy of said record, should not be transmitted to the Clerk of the Spencer circuit court, or said Hamilton should not be tried on said in lictment, he shall have no advantage thereby, but shall New indict be subject to prosecution by new indictment for said alleged ment may be offence in the Spencer circuit court, in the same manner, and found in Spen subject to the same rules of law, that he would have been if said alleged offence had been committed in the county of eer, &c. 1837. Not to be dis indictment. Spencer: And it is further provided, That if said indictment shall be adjudged insufficient by the Spencer circuit court, the said Hamilton shall receive no advantage therefrom, but shall remain subject to immediate prosecution by indictment, and the charged for insaid Spencer circuit court shall proceed to trial, judgment and sufficiency of execution in all respects, either upon said indictment, or a new indictment so to be found, in the same manner, and under the same rules, that it should have done if the original charge had been presented to said court, and the alleged offence had been committed in Spencer county: And it is further provided, That said Hamilton shall not be entitled to any advantage in evading the consequences of said alleged offence, because of any tage to be had continuance of said prosecution arising out of this act. Spencer circuit court, upon the election of said Hamilton so to be tried therein, shall have the same power to enforce the attendance of witnesses for both parties, and over its officers, that it would have had in case the charge had originally been presented to it by a grand jury for Spencer county, and the alleged offence had been committed in Spencer county. The SEC. 4. That upon the election of said Hamilton being so made and entered of record, it shall be held as evidence of his consent to all the provisions of this act. SEC. 5. That the circuit court of Spencer shall have full power to take forfeiture of recognizances, and proceed therein, in case said Hamilton or any of the witnesses fail to attend, as though the said recognizances were taken in said court. Approved, February 23, 1837. No advan on account of continuance. Election to be held as consent to provisions of this act. CHAP. 432.-AN ACT to build a Bridge across Kinnicanick. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Board of Internal Improvement cause an examination and survey to be made at the most suitable locations for toll bridges over Little Sandy river, Tygert's creek and Kinnikanick, at or near the crossing of said streams by the road leading from the Virginia line at the mouth of Big Sandy river, by way of Clarksburg; and if shall be the duty of the Engineer to make an estimate of the cost of a permanent, durable, covered bridge at each of the points designated, and to lay the same before the Board, together with all such information as the said Board may direct, to enable them to form an opinion whether any one or more of said bridges will be of sufficient public utility to justify an investment being made by the State in part or in whole for the construction thereof; all of which, together with the opinion of the Board, to be laid before the next Legislature. Approved, February 23, 1837. 1837. Names of corporators and corporate pow ers. CHAP. 433.--AN ACT to incorporate the Maysville and Mason County Hemp SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Isaac Lewis, Robert Blanchard, Andrew Woods, Thomas Forman, John M. Morton, Christian Shultz, William Mackey, and Richard H. Lee, and those who may be hereafter associated with them, as stockholders, and their successors, shall be, and they are hereby created and made Limitation-- a body corporate and politic, until the year eighteen hundred name and style and sixty, by the name of the Mason County Hemp Manufacturing Company; and by that name are hereby made able and capable, in law, to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, tenements, and hereditaments, goods, chattels, and effects, to an amount not exceeding one hundred thousand dollars, and the same to sell, grant, alien, and dispose of, at pleasure; also, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in courts o' law and equity, in this Commonwealth, and elsewhere; and shall be, and are hereby vested with all the privileges and powers which, by law, are incident to corporations of a similar nature; to have and use a common seal, which they may alter or break at pleasure; also, to ordain and put in execution such by-laws, ordinances, and regulations, as shall be necessary and convenient for the government of said corporation, and which are not contrary to the constitution and laws of this Commonwealth; and, generally, to do and execute all and singular the acts necessary to carry into effect the objects of this charte!. divided into shares & deem SEC. 2. That the property and capital stock of said company Capital stock shall be, and is hereby divided into shares of one hundred dollars each, and shall be deemed and held personal estate, and ed personal es- may be alienated by the owner thereof, by written transfer made by him lf, or attorney in fact, in such way as may be prescribed by the Directors hereinafter provided for. tate. Bocks for subscriptions to be opened. President & five directors to be elected, and how. SEC. 3. That the persons before named, or any three of them, shall, within one year from the passage of this act. give notice, twenty days, in the newspapers printed in the city of Maysville, of the time and place, in the said city, they will open books for the subscription of stock, in said company, and, as soon as two hundred shares of said stock shall have been subscribed, they shall have power to advertise the time and place of holding an election for one President and five Directors, who shall manage the prudential and fiscal concerns of said corporation; and shall hold their stations one year, and until their successors are chosen, and, in case of their death, resignation. or failure of either the President or Directors to act as such, the remaining Directors shall appoint another, or others, to fil ali such vacarcies; and in all elections for President and Directors, each stockholder may vote in person or by proxy, and shall be entitled to one vote for each share he or she may own, and on which all moneys due are paid in: the President and three Directors shall constitute a quorum to do business, or four Directors, without the President, one of whom shall be chosen President, for the time being; but no person shall be elected President or Director who is not a shareholder. SEC. 4. That the said President and Directors shall, before entering upon their duties, each take an oath faithfully to discharge the duties of their appointment; and shall then organize, for the transaction of business, by the appointment of a Secretary and Treasurer, each of whom shall take an oath to discharge the duties assigned them; and the Treasurer shall give a bond and security, in such sum as the President and Directors may name, conditioned for the faithful discharge of his duties, and the payment of all moneys which may come into his hands, as Treasurer, upon the order of the President and Directors. How stock to President, &c. may sell stock if payment be neglected-how to be sold. SEC. 5. That each subscriber of stock shall, at the time he subscribes, pay, into the hands of the Commissioners hereby be paid in. authorized to open books, at the time of subscription, ten dollars on each share subscribed, and ten dollars each six y days after the election of President and Directors aforesaid, until the whole amount shall be paid: and if any stockholder shall fail to pay upon each share, the amount aforesaid, as they severally become due. it shall be lawful for the President and Directors aforesaid to sell the stock, so delinquent, at public auction, for the best price it may bring, having given notice of sale, by advertisement in one of the newspapers printed in Maysville, at least ten days previous thereto; and said President and Directors shall keep open the books, for suoscription of stock, until forty thousand dollars be subscribed, and may, at their pleasure, keep them open until the whole amount authorized shall be taken; and in all subscriptions of stock, made after the first election of President and Directors, there shall be paid, on each share, at the time of subscription, an amount equal to that which first election. has then been paid on stock pr viously subscribed. SEC. 6. That the President and Directors, for the time being. shall have power, and are hereby authorized to establish and carry on a manufactory of wool, cotton, and hemp, in all the various branches; and may erect all such buildings, workshops, and machinery, as may be necessary for carrying on the busi-. ness of the company, and also appoint, or employ, all such agents and factors as may be necessary for the convenient management of their business. Books may be kept open whole until amount is sub scribed. How stock to be paid in after May carry on manufactory of wool, cotton and hemp. Half yearly of statements business to be SEC. 7. It shall be the duty of the President of the company to make out, half yearly, on the first Monday of January and July, a full statement of the accounts and business of the com- made. pany. SEC. 8. That the Legislature reserves to itself the right of .modifying or repealing this charter. SEC. 9. Be it further enacted, That it shall be the duty of the President and Directors, so soon as they shall be organized, and before they shall proceed to exercise the corporate powers Reservation. Record of amount of stock to be made,and how. herein granted, to enter upon their record an order setting forth the amount of stock subscribed; a copy of which order shall be recorded in the county court of Mason: and if the capital stock shall, at any time thereafter, be increased, a like order shall be made, on the records of the company, showing such increage, which shall also be recorded in the county court Clerk's office; and a copy of said order or orders, from the records of the county court Clerk's office, attested by the Clerk, shall be evidence, in all cases, to show the amount of capital stock in said company; and a copy of said orders shall be annually published in a newspaper of the city of Maysville, authorized, by law, to make publication of orders of court. Approved, February 23, 1837. CHAP. 434.--AN ACT for the benefit of John Murphy. WHEREAS, It is represented to the present General Assembly, that John Murphy stands charged, in the county of Anderson, with perjury; and that, owing to undue excitement against him, he entertains the belief that he cannot have a fair and impartial trial-For remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the said John Murphy to appear in the Anderson circuit court, on the first day thereof, at the next term, or as soon thereafter as his case shall be called, and make his election to be tried in the Spencer circuit court; which election shall be noted on the records; and thereupon it shall be the duty of the Anderson circuit court to recognize the said John Murphy, with good security, to appear, on the first day of the next ensuing term of the Spencer circuit court, and answer to the charges aforesaid, and not to depart thence, without the leave of said court; and upon the. indictment aforesaid, and the proceedings had thereon, being certified to the Spencer circuit court, as hereinafter provided, the said Spencer circuit court shall take cognizance thereof, and of every thing incident or pertaining thereto, in the same manner as though the offence had been committed in the county of Spencer, and shall, in case he be found guilty, enter judg ment, and cause execution thereof, or grant a new trial, agreeably with law and justice of the case, as though the said indictment had originated in Spencer county; and the Sheriff, Jailer, and Clerk of Spencer shall, in like manner, perform all necessary duties pertaining to their respective offices, in relation to the said indictment; and the Judge of the Anderson circuit court shall, at the time the said Murphy makes his election to be tried in the Spencer circuit court, recognize the witnesses, on the part of the Commonwealth, to appear at the next ensuing term of the Spencer circuit court; and the last mentioned circuit court shall proceed, upon all the recogni |