to issue bonds or scrip for the payment thereof upon such terms and in such manner as may be deemed necessary by said county court, to meet the payment of said subscrption of stock: Provided however, That any of the powers above given shall only be exercised by the same number of Justices, that is required by law, to lay a county levy, when said levy is laid for other purposes. SEC. 4. Be it further enacted, That all sums levied by virtue of this act, shall be collected and accounted for by the same officer, who collects and accounts for the county levy or revenue tax of Fayette county for the time being, with like authority and responsibilities, which appertains to said officer in the collection of said county levy or revenue tax. Approved, January 20, 1837, 1837. Proviso. Money levi ed under this act, how collected. CHAP. 122. AN ACT concerning the town of Newport, in Campbell county. Be it enacted by the General Assembly of the Commonwealth of Road law not Kentucky, That the act, entitled, an act to amend the law in to extend to the relation to opening and repairing the roads in Campbell county, town of Newapproved February the 17th, 1836, shall not be construed to port. extend to, or include the town of Newport, in the said county, the trustees of said town having full power and authority to improve the streets in said town by taxation. Approved, January 20, 1837. CHAP. 123.-AN ACT for the benefit of Nancy Gillispie, and her children. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for James Gillispie, and his wife, Nancy Gillispie, to file their petition in the Jessamine circuit court, setting forth that the said Nancy and her children are the persons for whose use a tract of land was conveyed to Elijah Sartain, as their trustee; and that they believe it would redound to the interest of the said Nancy and her children to have a sale of said tract of land, and the proceeds invested in another tract in the State of Illinois or Missouri for their benefit; upon the filing of which petition, verified by affidavit, the circuit court of the county of Jessamine is authorized to decree a sale of said tract of land, and to invest the proceeds in other lands for the use and benefit of said Nancy and her children. SEC. 2. Be it further enacted, That it shall be the duty of said court to appoint some fit person, as commissioner, to make said sale, and to make the investment in other lands, to be held in trust for the uses aforesaid, according to the intent and meaning of the will of Elijah Gates, deceased; and for that purpose 1837. Trustee or the court may substitute a trustee, to whom the conveyance shall be made in the same manner that the estate directed to be sold was held. SEC. 3. Be it further enacted, That the court shall have Com missioner power to exact of the trustee, or commissioner, such bond and such to give bond. security, as they may deem proper; and shall require the commissioner to make report of the sale, as well as the investment of the proceeds, giving to said court full power and authority to make all such further decrees and orders, as the justice of the case may require, and as are consistent with chancery prac tice. Approved, January 20, 1837. her husband. CHAP. 124. AN ACT for the benefit of Ellen D. Botts. Be it enacted by the General Assembly of the Commonwealth of Divorced from Kentucky, That the marriage contract heretofore existing between Ellen D. Botts and Seth Botts be, and the same is hereby dissolved, so far as relates to the said Ellen, and that she be restored to all the rights and privileges of an unmarried wo man. Approved, January 20, 1837. Mercer cir decree a sale of real estate. CHAP. 125.-AN ACT for the benefit of the infant children of Cyrus Edwards. Be it enacted by the General Assembly of the Commonwealth cuit court may of Kentucky, That it shall be lawful for Cyrus Edwards, as natural guardian for his infant children, part of the heirs of John Reed Nelson, to file a bill in the Mercer circuit court against his infant children aforesaid, alledging that they own real estate in the county of Mercer, which descended to them from John Reed Nelson, and that they are residents of Illinois, and that it would be to their interest to sell said lands and invest the proceeds in other lands in the State where they reside; and the court shall ascertain the value of said lands, and whether it would be to the intercst of said heirs to sell the same, by the report of two commissioners appointed for the purpose; and if it shall appear to their interest to have the same sold, to decree a sale, and appoint the said Cyrus Edwards commissoner to sell at public or private sale, and not below the value fixed by the court, and at such credits as the court shall direct; and shall cause the proceeds to be vested in lands in the State of Illinois by the said Cyrus Edwards, and shall require bond, in sufficient penalty, with good security, for the faithful sale of the lands, and laying out the proceeds in other lands; and shall authorize him to convey said lands to the purchaser, on behalf of his infant children, retaining a lien for the purchase money; and shall require him to report to court the sale of the lands and the manner in which he has vested the proceeds in other lands. Approved, January 21, 1837. 1837. CHAP. 126.-AN ACT for the benefit of the Sheriff of Washington, and for other purposes. Further time SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Washington county allowed to reshall have further time to return his delinquent list for the year turn delinquent 1836; and when he causes his delinquent list to be filed with list. the Auditor, it shall be the duty of the Auditor to issue his warrant on the Treasurer for the amount of said list; and the Treasurer shall pay the same to the holder of said warrant, out of any money in his hands not otherwise appropriated. SEC. 2. Be it further enacted, That the Sheriff of Lewis county shall have until the first day of March next, to return to the Auditor of Public Accounts, a list of the delinquents for the tax contained in the list sent out by the Auditor for the year one thousand eight hundred and thirty-six. Sheriff Lew is allowed further time to re turn his list. Sheriff of his list. SEC. 3. Be it further enacted, That the Sheriff of Campbell county shall have until the first day of May next, to complete Campbell aland return his delinquent list for the year 1836; which, when lowed further properly certified, shall be allowed and paid by the Treasurer, time to return out of any money in the Treasury not otherwise appropriated. SEC. 4. Be it further enacted, That the Sheriff of Union county shall have until the first day of March, 1837, to return his ion allowed furdelinquent lists for the years 1835 and 1836; and the reupon turn thereof, the Auditor is directed to issue his warrant for the amounts thereof on the Treasurer, whose duty it shall be to pay the same over, any law to the contrary notwithstanding. Approved, January 21, 1837. Sheriff Un ther time to res turn his list, CHAP. 127. AN ACT for the benefit of the Sheriff of Grant county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Grant county be allowed until the first Monday in November, eighteen hundred and thirty-seven, to return to the board of officers of the one hundred and fourth Regiment of Kentucky Militia, his delinquent list of militia fines for said Regiment, which were placed in his hands for collection in the year eighteen hundred and thirty-six. SEC. 2. That the Pay Master of said Regiment shall suspend all coercive measures against said Sheriff, until after the first Monday in November, eighteen hundred and thirty-seven: Provided, That it shall be the duty of said Sheriff of Grant * 1837. to pay over to the Pay Master of said Regiment the amount of fines already collected by him. Approved, January 21, 1837. CHAP. 128.-AN ACT to alter the time of the commencement of the Lewis circuit court. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Lewis circuit court shall hereaf ter commence on the last Mondays in March, June and September, and shall continue six juridical days at each term, if the business of the court require it. SEC. 2. Be it further enacted, That all process heretofore served, or which may hereafter be served, and made returnable to the terms of the said Lewis circuit court, as heretofore holden, shall be, and the same are hereby made returnable to the court at the terms they are hereby declared to be holden, agreeably to the provisions of this act; and all recognizances entered into, and returnable to the next succeeding term of the Lewis circuit court, as now fixed by law, shall be held and deemed to be returnable to the next term of the said circuit court, as regulated by the first section of this act. Approved, January 21, 1837. ers. Corporate CHAP. 129.--AN ACT to incorporate St. Mary's College, in Marion county. WHEREAS, It has been represented to the General Assembly of the Commonwealth of Kentucky, that there is a Seminary of Learning in Marion county, promoted and sustained by Roman Catholic Clergymen of that place, by means of their own resources, industry and intelligence; that the said Seminary hath been open, and free for persons of every denomination, from eighteen hundred and twenty-two, and now containeth a hundred boarders, the managers thereof only requiring an observance of moral rectitude by pupils upon their entry thereof, and during their continuance therein: And whereas, It is not less accordant to the genius of this Republic, than compatible with the sentiments of this Legislature, that the dissemination of learning and morality are among the first attributes that should charterize its citizens. SEC. 1. Be it therefore enacted by the General Assembly of the Commonwealth of Kentucky, That the said seminary of learning name and pow- shall be denominated and known by the name of the St. Mary's College, Marion county; that it shall be managed on principles that are liberal, equal, and for the benefit of every class of citizens, and of any religious denomination; that the said institu tion shall have power to confer such degrees and literary hon 1837. President & pointed. ap May pass by laws, &c. ors upon the pupils of the College, as the managers thereof think In the absense of the Presipoint one pro tem. dent, may ap Record of proceedings to be kept, and may be inspect ed,& by whom. property. SEC. 2. Be it further enacted, That the said Trustees, thus May sue & constituted, shall be called and known by the name of the Trus-be sued, and tees of the St. Mary's College, of Marion county; by that acquire & hold name they may sue and be sued, implead and be impleaded, before any court of record, Judges or Justices of the Peace, or body created by law, having jurisdiction of the subject matter about which the said suit or suits may be. The said Trustees may receive any conveyance, gift, devise, bequest, make any contract, sell, buy, convey, &c. in this their corporate capacity; and have the same power that corporate bodies created by law have, that are consistent with the constitution: Provided, That the rents and proceeds, acquired by this corporate body, shall not, at any time, exceed the amount of ten thousand dollars per annum. The said Trustees shall hold their stations in the said College one year only, and until their successors be appointed, at which time, the said President shall have power of electing others, or the same, if he should think proper, and increase the number to eight; and this power may be exercised by him every year thereafter, or his successor or successors, and in case of the removal, resignation, or death of any of the said Trustees, his place may be supplied by an appointment that may be made by the said President and remaining Trustees. Trustees to hold their offi ces one yearPresident to and fill vacan appoint trustees cies. |