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for

which

how chosen.

trustees to ap

ors.

1837.

Sec. 3. Be it further enacted, That the said President shall hold his office for the space of three years, and that at the ex

piration of his term, or in case of the death or resignation of Term

Presi- the said President, his successor shall be elected by a majority dent shall hold of the Trustees, and act and do as the said Peter Chazelle is his office, and

empowered by this act to do.

Sec. 4. Be it further enacted, That the said President and President &

Trustees shall have power to constitute and appoint necessary point profess- and proper professors, tutors, masters and assistants, to instruct

the students and scholars of said College in all the liberal arts and sciences, and the ancient and modern languages, who shall be denominated professers of such arts, sciences and languages, as they may be denominated and appointed to teach; and the President and Professors, so appointed, shall be distinguished and known by the name of the President and Professors of the St. Mary's College, Marion county; and in that character, shall be capable of exercising such powers and authorities that the said Trustees and their successors may delegate to them by their ordinances, for the instruction of all the students and scholars, and the wholesome and faithful government of

said College: Provided however, It is reserved to the Legislature Proviso. of this Commonwealth to amend or withdraw the

powers

of incorporation from this institution, whenever they conceive the trusts and confidence abused that are herein reposed; but as no funds have ever been given to this institution by this Commonwealth, so none are to be taken away, in the event of the withdrawal of the corporate capacity.

Approved, January 21, 1837.

[graphic]

Chap. 130.-AN ACT for the benefit of the holders of Headright Certificates.

Be it enacted by the General Assembly of the Commonwealth of Former law extended,

Kentucky, That the first section of an act, entitled, an act for the benefit of the holders of headright certificates, shall be extended

untilthe 7th day of February, 1838: Provided, That no certificate Proviso.

or headright claim shall be surveyed or registered that interferes with any actual settler, under any claim whatsoever; and any certificate or headright claim, so interfering with a claim of

any actual settler, such interference shall be null and void to all intents and purposes, any law to the contrary notwithstanding.

Approved, January 21, 1837.

Chap. 131,--AN ACT for the benefit of Lewis B. Rouse.

Be it enacted by the General Assembly of the Commonwealth of the rights of a Kentucky, That Lewis B. Rouse, of Shelby county, be, and he

Restored to

man

is hereby restored to all the rights and privileges of an unmarried man.

Approved, January 21, 1837.

1837.

Chap. 132.-AN ACT to authorize a re-survey and enlargenient of the town of

Hickman, in the county of Hickman, on the Mississippi river. WHEREAS, It is represented to this General Assembly, that Preamble. the stakes and marks by which the lots, streets and public ground in the town of Ilickman, were designated and known according to their number, name, size, and position, as represented on the original plan of said town, established, ratified and confirmed, by an act, approved, the 8th day of February, 1834, and an act, approved, the 28:h day of February, 1835, have, from time and accident, become so far decayed and obliterated, that it is now difficult to distinguish the true position and boundaries of said streets, lots and public ground, and a further neglect to re-survey them, and to renew said marks, may produce much perplexity and trouble to proprietors and purchasers--For remedy, whereof, Sec. 1. Be it inact:d by the General Assembly of the Com

Commission. monwealth of Kentucky, 'l'hat Robert White, John H. Tyler, ers appointed. Austin S. Tyler, Seth Bedford and Thomas Rivers, are hereby appointed Commissioners, who, or a majority of them, shall resurvey said town, and mark all the corners of each and every lot, and the corners, lines and bounds of every street and alley, and all the public ground belonging thereto, by setting up stones or posts of durable timber, and marking them suitably for the purposes aforesaid. SEC. 2. Be it further enacted, That said Commissioners

Commissionshall be sworn before some Judge or Justice of the Peace, ers to be sworn. faithfully, accurately and impartially to perform the duties by this act enjoined, according to the best of their skill and abilities; and they shall advertise at three public places, in said town, Notice to be the time and place of commencing said re-survey, for at least given. five days previous thereto; they may continue from day to day, or make such adjournments as may suit them, until all is finished; one Commissioner may adjourn from time to time, should a majority fail to attend. Sec. 3. B? il further enacted, That it shall be the duty of

Plat of the said Commissioners to make a fair plot, on paper or parch- town to bo ment, representing the plan of said town, and distinguishing made and re

corded. each lot by its proper number; cach street and alley by its proper name; and the public ground by its proper designation, in conformity with said original plan, as established by law; and on the same instrument, or on paper appended thereto, said Commissioners shall state plainly, in writing, the size of the lots, and of the streets, and of the public ground, and give a precise description of the buts and bounds of each, and state the manner they may perform the duties enjoined by this act, and shall

1837. certify, sign and seal the same, as Commissioners for the tower

of Hickman, and shall deliver sail plot to the Clerk of the county court of Hickman county, whose duty it shall be to record and certify the same, together with the specitications and certificates thereon; and when so mdf, certified and recorded, it shall be conclusive evidence of all the facts it states, either in regard to the manner of performing the duties by this act enjoined, or in regard to the facts it is the object of this act to ascertain and settle.

SEC. 4. Be it further enacted, That said Commissioners may, Town bounds with the assent of the proprietors of the adjoining lands, extend may be extend

the streets of said town, and lay off any, ailditional number of ed.

lots and streets and public ground not including, in all, more than 100 acres; and mark and number the lots and designate the streets and public ground, in manner here prescribed for the original town, and represent the same on the plot in con nexion with said original town; and describe the same, and certify their survey herein, in manner prescribed for said original town; and it shall then be the duty of the Clerk of the county court to record and certify them both together; and the part so added, shall be, and are hereby established as a part of said town of Hickman, as fully, to all intents and purposes, as if it had been originally laid off and established as such.

Approved, January 21, 1837.

Chap. 133.-AN ACT amending the charter of the Mechanics’ Savings Institu

tion of Louisville.

men

be

Be it enacted by the General Assembly of the CommonNumber of wealth of Kentucky, That an aet, entitled, an act to establish the voting

Mechanics’ Savings Institution of Louisville, and the Savings bers may increased. Institution of Bardstown, approved, February 27, 1836, shall

be so amended as to authorize the President and Directors of the Mechanics’ Savings Institution of Louisville to increase the number of voting members in said institution, to any number not exceeding two hundred, requiring the admitted voting member to pay the same amount which the present voting members have paid, and to make the same payments they would have been required to make, had they been named as voting members in the act establishing the institution,

Approved, January 21, 1837.

CHAP. 134.--AN ACT for the benefit of the heirs of John M'Clure, deceased. Land may be Be it enacted by the General Assembly of the Commonwealth of decreed to be Kentucky, That it shall be lawful for the Administrator of John told to pay M'Clure, deceased, to file a bill in chancery, in the Nicholas

1837.

circuit court, against the heirs of said M'Clure, alledging that there are oustanding debts against the estate of said M'Clure, which the assets in his hands are insufficient to pay, and that a better price could be had by a sale, under a decree of the court, thân under execution at law, and that it would be the interest of the heirs and creditors to have the property sold by a decree, and the heirs of said M'Clure shall be served with process; and guardians appointed to defend for the infants, and the court shall settle the accounts of the administrator, and cause all the personal estate and assets of the decedent to be applied to the payment of the debts; and if necessary to the interest of the heirs of said M°Clure, to decree a sale of so much of the real estate descended to the heirs as will be sufficient to

рау.

the balance of the debts; and in said decree to fix minimum price, and credit, at which the land shall be sold, and cause a conveyance to be made to the purchaser: also to cause the proceeds of sale to be applied to the payment of the debts pro rata amongst all the creditors, and make all such further orders and decrees as may be proper in the premises..

Approved, January 21, 1837, ,

Chap. 135.--AN ACT 10 incorporate the Eutaw Ilouse Company in the city of

Maysville. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Robert J. Langhorne, William M'- Company inKay, James N. Morrison, Thomas Y. Payne, Richard A. Lee, corporated. William M. Poynts, A. M. Stockwell, John M. Morton and Francis T. Hord, and their associates be, and they are hereby created a body corporate and politic, for the purposes hereinaster named, and as such, shall have perpetual succession, under and by the name and style of the Eutaw House Company, and by that name shall have all the privileges and frank hises inci. dent to corporations of a like character; and shall be capable of creating, taking and holding their capital stock, and the increase thereof, and of purchasing, taking and holding to them, and their successors and assigns, and of selling, transferring, leasing and conveying, in fee simple, all such lands, tenements, hereditaments, and estates real and personal, as shall be necessary for them for the purposes and objects of this act of incorporation; and further, shall be able and capable of suing and being sued, defend and being defended, answer and being answered unto, in all and any court of law or equity, or place whatever; and also to have a common seal, and generally to do all and every act, matter or thing which a body politic or corporale may do. Sec. 2. Be it further enacted, That the capital stock of said

Capital stock. company shall not be greater in amount, including all their real and personal property, than one hundred thousand dollars, to

1837. be divided into shares of one hundred dollars each; which stock

shall be considered and held as.personal property, and may be sold and transferred as such, in such manner as the President

and Directors hereinafter provided for may direct. Books to be Sec. 3. Be it further inactedt

, That the persons named in the opened.

first section of this aet be, and they are hereby appointed Com missiuners for the purpose of opening books and receiving subscriptions of stock in said Company; and they or any five of them may, within one year from the passage of this act, open and keep open books in the city of Maysville for the purpose aforesaid, until the whole of said stock shall be taken: Provided, That notice shall be given in the newspapers printed in said city, ten

days previous to the time of opening said books, of the time and Notice to be place of doing the same: Provided further, That said Commisgiven.

sioners may close 'said books, so soon as twenty five thousand dollars shall have been subscribed.

Sec. 4. Be it further enacted, That when twenty five thou

sand dollars of the capital stock in said Company shall be sub. Election of scribed, and five dollars on each share actually paid in, it shall directors.

be the duty of the said Commissioners, who have acted in receiving subscriptions, to give ten days notice, by advertisements published in the papers aforesaid, of the time and place of holding an election for five Directors of said Company, which said Directory shall be elected from the stockholders, and each stockholder shall have one vote for each share he may hold in his own name.

Sec. 5. Be it further enacted, That said Directors shall, as

soon as practicable after their election, organize, by electing President, one of their own body President, and a Secretary and Treas

urer, the two latter of whom shall take an oath faithsully to secretary to be appointed.

discharge their duties; and said President and Directors shall manage the financial and prudential concerns of said Company, and shall hold their offices two years, unless they, or any one of

them, sooner resign, die or cease to be a stockholder; and all Vacancies to vacancies shall be filled by the remaining members of the Board;

and every two years from the day of the first election, another Election ev- election shall be holden for five Directors as aforesaid: Provi: ery two years.

ded, That no person shall be eligible to the office of President Proviso.

or Director who is not the owner, in his own proper name, of at least five shares, upon which in all cascs shall have been paid: And provided further, That this corporation shall not cease to exist by reason of any failure to hold an election, but the President and Directors then acting, shall continue antil their succes. sors are chosen and organized.

Sec. 6. Be it further enucled, That the said Company shall

have power to purchase grounds in the city of Maysville, and Hotel to be erect and establish a Hotel, with all the necessary appendages, erected & fur- and to furnish the same in such style and manner as they may

deem proper; and open therein a tavern for the accommodation of travellers, boarders, and such other persons as they may deem proper; and may employ such agents and servants as may be ne

treasurer

and

be filled.

nished.

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