1837. year eighteen hundred and thirty six, upon his paying the amount of said default, as ascertained by the judgment.

Provisions extended to sheriff of Hen

derson.

SEC. 2. Be it further enacted, That the provisions of this act be, and they are hereby extended to John Green, Sheriff of Henderson county.

Approved, February 23, 1837.

CHAP. 474.--AN ACT for the benefit of the heirs of Charles Buck, deceased.

WHEREAS, Charles Buck, late of Franklin county, departed this life seized with the title of certain lands in the county of Henderson, and having disputed claims to certain other lands in said county, leaving his estate burthened with a considerable amount of debt, there being no personal effects in the hands of his administrator; And whereas, It is satisfactorily shown, that said lands and claims to lands are in danger of being sacrificed for the payment of said debts, unless the heirs can make private sale thereof, which would result greatly to their benefit, and Walter A. Buck being the only one of said heirs who is not of age-Therefore,

Be it enacted, That it shall be lawful for the said Walter A. Buck, by his guardian or next friend, to file a bill in chancery in the Woodford circuit court, making the other heirs of said Charles Buck defendants thereto, praying said court to authorize his guardian, or such other person as said court may select, to join with the said other heirs in selling privately said lands and claims to land; and it shall be lawful for said court to decree sale accordingly, requiring said guardian, or whoever said court may appoint, receiver for said Walter, to enter into bond, with such security as said court shall approve, for the faithful discharge of the trust reposed in him, and for the application of the proceeds so far as may be necessary to the payment of said Walter's portion of said debts, and the application of the residue, if any, in such manner as said court may decree, either to the education of said Walter, or by loaning the same at interest until said heir shall become of age.

Approved, February 23, 1837.

Corporation

CHAP. 475.--AN ACT to incorporate the Mountsterling Academy for the education of females.

SEC. I. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there be, and is hereby created, a created, name body corporate in the town of Mountsterling, in the county of and style and Montgomery, under the name and style of the Mountsterling corporate pow- Academy for the education of females, with perpetual succession, and in that name and style to sue and be sued, implead

ers.

LAWS OF KENTUCKY.

and be impleaded, and to acquire by gift, purchase, or otherwise, any estate, real, personal or mixed, and the same to hold, demise, sell or convey, and to do all else that may be necessary or proper for establishing and sustaining an academy in said. town for the education of females.

347

1837.

Books to be

opened, and by whom.

SEC. 2. That the capital stock of said corporation shall be Capital stock. five thousand dollars, to be divided into shares of twenty five dollars each; for obtaining subscriptions, of which books shall be opened at some one or more places in or out of the State, by Peter Everett, James Howard, John Z. Price, Catlett G. Richardson and Robert M. Hathaway, or either of them, and kept open until stock shall have been subscribed to the amount of fifteen hundred dollars, when the stockholders, voting by shares, either in person or by written proxy, shall, after ten days public notice in writing of the time and place thereof, proceed to elect, from amongst themselves, a President and four Directors, a majority of whom may act, who shall direct and control the funds, property and affairs of said corporation.

President &

four directors to be elected,

their power & duties,

President &

elected annual

ly.

SEC. 3. That after the first election, as aforesaid, the said President and Directors shall be elected annually, on the first directors to be Monday in January, which elections shall be held at such places as by the by-laws of said corporation may be prescribed; and said President and Directors shall continue in office until their successors shall have been elected.

Treasurer, clerk and other officers to bond, &c.

be elected--to give

SEC. 4. That said President and Directors may appoint a Treasurer, Clerk, and other subordinate officers, fix their compensation, define their powers, and prescribe their duties, and require of them bonds, in such penalties and with such conditions, as they shall deem necessary, and the said officers remove at pleasure; and from time to time, make such by-laws, rules and regulations, for their own government, and for the management be made. and superintendence of said academy, and all matters appertaining thereto, which they may judge expedient, not inconsistent with this charter.

Sec. 5. That said corporation shall not be required to procure a common seal, but all its corporate acts may be performed and evidenced under the official signature of said President as such.

By-laws to

Acts may be

evidence with

out

seal.

common

SEC. 6. That said President and Directors may fill all va- Vacancies cancies which may occur among them, and keep a faithful re- how filled. cord of their proceedings.

Dividends to

SEC. 7. That said President and Directors shall, after said academy shall have gone into operation, declare dividends, be declared. annually, on the last Monday in December, or oftener, if deemed expedient.

Approved, February 23, 1837.

1837.

ners of boats,

CHAP. 476.--AN ACT to protect lives and property on board Steam Boats navigating the the Ohio, Mississippi, and other rivers within the jurisdiction of Kentucky.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the ownDuty of owers of Steam Boats navigating the Mississippi, Ohio, and other rivers in this Commonwealth, to have a competent master, officers and crew on board, and to have a substantial and sufficient engineer, and have the same at all times in good order and condition, and have the vessel supplied with all necessaries, and in every respect seaworthy; and in ascending and descending navigation said boats shall conform to the following regulations: The descending boat shall keep the shore or bar she may be on until the ascending boat passes; the descending boat shall keep the middle of the channel, or in the deepest water, and in all cases where it is practicable leave room for the ascending boat to pass on either side.

their engines on

SEC. 2. That when two boats shall meet in a contracted part of the river, or in any narrow and intricate channel, both Boats to stop boats shall stop their engines, or work them very slow, until meeting in nar- they pass each other, and in the night time the descending boats shall not take any of the small chutes, but shall keep the I main channel in order to avoid the ascending boats.

row channels.

kept trimmed.

"

SEC. 3. That it shall be the duty of the masters and officers of all Steam Boats to keep their vessels at all times well and Boats to be steadily trimmed, and particularly in coming to and departing from shore, and for that purpose the passengers and all others on board the boat shall obey the directions of the master and officers, and keep the place or position they may direct.

Master and

owners

liable

to damages.

Not to run

races.

ers

イ

SEC. 4. That the master and owners shall be responsible for all damages which any person may sustain by the neglect or refusal of any Steam Boat to comply with the aforesaid requirements,

SEC. 5. That it shall not be lawful for Steam Boats to run races the one against another, and owners and officers shall be responsible for all damages which any one may sustain from any accident which may happen during any such race.

SEC. 6. That it shall be the duty of the master and officers of any Steam Boat carrying gunpowder, as freight, to stow the Duty of masters and own- same in the safest part of the vessel, and separate and apart of boats from articles liable to spontaneous combustion, and where, in carrying gun- discharging the cargo it will not be necessary to carry a lighted powder. candle, or lamps, or flambeau; and all boats carrying gunpowder as freight shall have printed cards, stating the fact, placed in the cabbin so as to give notice to the passengers, and the master and officers failing to comply with the provisions of this section, shall forfeit one hundred dollars for every time the same shall be neglected, and shall, moreover be liable for all damages which may happen to any person by reason of the failure.

SEC. 7. That it shall not be lawful for any person or persons to keep any powder on any Steam Boat, without first giving to the master or officers notice thereof, and any person or persons so offending shall be liable for all damages which may happen to any person thereby.

SEC. 8. That a copy of this act shall be printed and put in a frame, and kept publicly placed in the cabbins of each Steam Boat navigating the Mississippi, Ohio, and other rivers in this Commonwealth, and a failure to comply with this provision shall subject the master and owners to a penalty of one hundred dollars for each week the same shall be omitted; and this act shall go into operation on the first of June, 1837.

Approved, February 23, 1837.

CHAP. 477.--AN ACT to amend an act to provide for the distribution and preservation of the public law books, approved, December 21, 1825.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the 11th section of the act to provide for the distribution and preservation of the public law books, approved, December 21, 1825, as makes it the duty of the Secretary of this Commonwealth to lay off the State into three districts, and allow the carrier in each district forty days to deliver said books, be, and the same is hereby repealed; and that hereafter he shall lay off the State into six districts, and allow the carrier in each district twenty days to perform the duty, under the same restrictions and penalties as are provided for in the 11th section of said recited act.

Approved, February 23, 1837.

CHAP. 478.--AN ACT for the benefit of Ann W. Montgomery.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the Land Office be, and he is hereby authorized and directed to issue a patent to Ann W. Montgomery for three hundred acres of land (upon a survey made originally in the name of Jonathan Blevins upon certificate No. 426,) without the payment of the balance of the State price due thereon.

Approved, February 23, 1837.