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posed or may accrue within the county of Anderson, shall be

1837. appropriated for the benefit of the said seminary of learning.

Sec. 7. Be it further enacted, That the collecting officers in said county shall make payment of the fines and forfeitures be paid to clerk

Fines, &c. to aforesaid to the Clerk of the county court of said county, annu- annually, and ally, and said Clerk shall pay over the same to the Treaşurer by him paid to

trustees. of the Board of Trustees of said Academy; and upon his fail

Penalty for ing or refusing to pay the same, when required, he shall be lia- failare. ble to pay the same, from time to time, together with twenty per cent thereon, and costs, upon motion before the circuit court of said county, in the name of the Treasurer of said Academy, after giving said Clerk three days previous notice thereof, in writing; and any judgment recovered against said Clerk shalí not be stayed by replevin, but any execution issuing thereon shall be endorsed, “no security of any kind to be taken.”

Approved, January 28, 1837.


be elected.

Cúar. 185.—AN ACT to incorporate the Augusta Female Academy.
SEC. 1. Be it enacted by the General Assembly of the Cornion-

Names of cor wealth of Kentucky, That Joseph Trimble, Henry B. Başcom, porators. Thomas Myers, George Doniphin, Squire G. Shropshire, John Mears and Wiliam C. Marshall, shall be, and are hereby constituted a body politic and corporate, to be known by the name of the Trustees of the Augusta Female Academy; and by that

Name and name shall have perpetual succession and a common seal, with style. power to change the same at pleasure.

Sec. 2. The said Academy shall be located in Augustā, `Academy 10and said Trustées shall hold their first session in said town, at cated. such time and place, as any four of them shall designate.

SEC. 3. The said Trustees shall, at their first, or any subse- President & quent session, as they may choose, elect a President of said other officers to Board, and such other. officers as they may deem necessary; and four members shall be sufficient to constitute à Board for the transaction of business relating to said Academy, except that it shall require the concurrence of a majority of all the members to purchase, or to sell and convey real estate, or profits thereof, or erect public buildings.

Sec. 4. The said Trustees, or their successors in office, by the name aforesaid, shall be capable in law to purchase, re

May ceive, and hold, to them and their successors, for the use and

lands, benefit of said Academy, any lands, tenements, rents, goods and chattles, which may be given, devised to, or purchased by them. Sec. 5. That said Trustees, by the name aforesaid, may sue

May sue and and be sued, plead and be impleaded, in any court of law or be sued, pass equity; and from time to time, may establish all such by-laws, by laws, rules, rules and regulations, which they may deem necessary for thé &c. government of said institution, not incompatible with the laws




of this Commonwealth; and upon the death, resignation, or removal of any of the Trustees or President, or other officer,

to fill such vacancy as often as the same shall oceur. How vacan

Sec. 6. The said Trustees may elect a President, professors cies are to be filled.

or other tutor for said institution, who shall be subject to the May elect direction and control of said Board, to continue in office during professors, &c. good behavior.

SEC. 7. The President shall have power, at all times, to call President may a meeting of said Board, or any three members of said Board; call meetings. and said Trustees shall, upon such call, convene 'and transact

such business as shall be deemed necessary for the manage

ment of said institution. Failure to at SEC. 8. That if any of the members of said Board shall fail, tend meetings refuse to attend the stated or any called meeting of the same, for one year, by any member for the term of one year, being notified of the same, such memof the board, ber shall be deemed as having resigned his office, and the vadeemed resige nation, cancy shall be filled by said Board.

Approved, January 28, 1837.






CHAP. 186.-AN ACT extending the powers of the Trustees of the town of

Smithland. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Trustees of the town of Smith

land, in the county of Livingston, a majority of them concurAuthorized ring therein, shall have power and authority to cause to be con

construct structed a wharf or wharfs upon the Cumberland or Ohio' wharfson Cum- rivers, fronting said town, upon such part or parts of the public Ohio rivers,

grounds belonging to said corporation, as the said trustees shall
deem expedient; and the said wharfor wharfs to be construct-

such plan as the said Trustees shall think proper. SEC. 2. Be it further enacted, That when a sufficient por

tion of said wharf or wharfs shall have been completed to renWhen constructed, may

der it safe and convenient landing place for steam boats or establish rates other crafts, so that in landing or receiving their cargoes, the same

charge will not be liable to injury from mud or other defects in said wharfage.

wharf, then, and in that case, the Trustees of said town shall have power and authority to establish a regular rate of wharfage, copies of which they shall cause to be stuck up at four of the most notorious places in said town, and shall have power to collect the same from such boats as may land at the said wharf; and to that effect, if the captain or other commanding

officer of said boat or boats shall refuse to pay the same when How collected.

properly demanded, the Trustees of said town shall have the right to sue out an attachment for the same, in the name of said Trustees, before any Justice of the Peace for said county; by virtue of which, the said boat and its fixtures shall be liable

to be seized and dealt with as in other cases of attachment. May levy poll

See. 3. Be it further enacted, That for the purpose of enabling said Trustees to construct said wharf, and otherwise im



pave side

prove the streets and public grounds of said town, the said

1837. Trustees shall have power and authority to levy a poll tax upon such tithables in said town, as are now by law liable to be taxed for purposes of county revenue: Provided, That the said

Proviso. tax shall not exceed one dollar per head; and they shall have the further power to levy a tax upon the ad valorem principle, May levy an upon all such property of the ciiizens of said town as is now ad valorem tax taxed by law for revenue purposes; Provided however, That the

Proviso. whole aggregate amount of taxes to be collected from the citizens of said town, shall not exceed the sum of one thousand dollars per annum, over and above the tax the Trustees of said town are now authorized to levy and collect.

Sec. 4. Be it further enacted, That the Trustees of said town shall also have power and authority to require the owner

May require

owners of lots or owners of any lot or lots fronting upon any of the streets of io said town, to cause the side walks, fronting the saine, to be walks. paved with brick or stone, as the said Trustees may direct, and to be completed in such manner, and at such reasonable time, as the said Trustees may require; and in case the said owner or owners refuse or neglect to pave the same, as herein directed, when properly required to do so, the said Trustees shall have power to let out the same to the lowest bidder, and to May cause sell the said lot or lots at public aution, to the highest bidder, the same to be or so much thereof as shall be necessary to defray the expenses ers of lots reof said pavement, having given reasonable written notice at two 'fuse. notorious places in said town, of the time and place of said sale.

SEC. 5. Be it further enacted, That when the aforesaid May cause wharf or wharfs shall be completed, the said Trustees shall nuisances to be have power to cause to be removed from the same any boat or wharfe, other craft which by them shall be regarded as nuisances, under such penalties as they may prescribe, not exceeding fifty dollars, to be recovered by warrant before a Justice of the Peace, and applied to the improvement of the streets of said town.

Approved, January 28, 1837.

Chap. 187.--AN ACT for the benefit of Thonias Smith, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Thomas Smith and his wife, Jane Smith, is forever dissolved, so far as respects said Thomas, who is hereby restored to all the rights and privileges of an uninarried man.

Approved, January 28, 1837.

CHAP. 188.--AN ACT for the benefit of Jane Smith.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That Jane Smith, late wife of Thomas Smith, is


hereby released from all the obligations consequent upon her intermarriage with said Thomas; and that she be, and is hereby restored to all the rights and privileges of a feme sole.

Approved, January 28, 1837..

Part of the



Chap. 189.-AN ACT for the benefit of the town of Port Willian.
Sec. 1. Be it enacted by the General Assembly of the Common-

wealth of Kentucky, That so much of an act, entitled, an act act of 1829,re for the benefit of Port William, in Gallatin county, approved, pealed. December 23, 18:29, as authorizes the Trustees of said town

to require the citizens thereof to work upon the streets and alleys of said town, be, and the same is hereby repealed.

. Sec. 3. Be it further enacted, That it shall and may be Trustees may

lawful for the Trustees of said town, or a majority of them, assess and col- whenever they may think it expedient to assess, levy, and collect tax, how; lect a tax on all real and personal estate within the limits of

said town, at the time of assessing such tax, not to exceed forty cents upon a hundred dollars worth of property in any one year; and, also, to assess, levy and collect a poll tax from each male person of the age of twenty one years and upwards, not to exceed two dollars in any one year, which tax shall be applied to the benefit of said town, in such manner as the Trustees may, from to time to time, direct.

SEC. 3. Be it further enacted, That the said Trustees, or a May appoint majority of them, shall have power to appoint a suitable peran assessor who son, as a Commissioner, to take in a list of taxable property,

who, before he enters upon the duties of his office, shall make gath-his duty. oath before the Trustees that he will truly and faithfully dis

charge the duties of his said office, according to the best of his kpowledge and ability; and the said Commissioner shall proceed, under the appointment aforesaid, to take in a list of the names of all persons residing within the said town, subject to the poll tax, and also, the names of all persons owning property lying in said town, subject to taxation, affixing thereto the value of the taxable property owned by each individual, which list shall be returned to the Clerk of the Board of Trustees within sixty days after the appointment of said Commissioner.

Sec. 4. Be it further enacted, That if any person or persong

shall fail or refuse to give in a list of his or her property to said report such as Commissioner, together with the valuation thereof under oath, refuse to give it shall be the duty of said Commissioner to report the fact to in list, with their property

.the Trustees, together with the amount of property (as near as as near as he he can ascertain) .owned by such individual in said town; and

thereupon, the said Trustees shall proceed upon the report of said Commissoner, and such other information as they can obtain, to fix the amount with which such individual may be properly chargeable, and to collect the same, in the same manner as if the list had been regularly given in to said Commiesioner.

shall take





Collector to


Sec. 5. Be it further enacteil, That the said Trustees, or a 1837. majority of them, shall, as soon as practicable, after the said Commissioner's list shall be returned as aforesaid, appoint a collector to collect the said tax, who shall give bond and secu- be appointed, rity, payable to the Trustees, in a penalty of double the amount who shall give of tax to be collected, conditioned for the prompt collection bond--its con

dition. and payment of said tax to the said Trustees within six months after his appointment; during which period of time, and not afterwards, the said collector shall have power to distrain for His the said taxes in case of non-payment, in the same manner as 'and duties. Sheriffs are allowed by law to distrain for the county levy.

SEC. 6. Be it further enacted, That the election of Trustees of said town shall hereafter be held on the Saturday preceding the second Monday in May, under the same rules and régulations as heretofore prescribed by law.

SEC. 7. Be it further enacted, That all laws and parts of Repealing laws coming within the purview of this act, be, and the same clause. is hereby repealed.

Approved, January 28, 1837.

CHAP. 190.-AN ACT for the benefit of the Fleming county Seminary.

Whereas, The Trustees of the Fleming county Seminary, in this Commonwealth, hath petitioned the General Assembly for power to sell and convey the old Seminary lot and buildings in said county, for the purpose of enabling them to purchase a lot and buildings in the the town of Flemingsburg, more suitable for Seminary purposes than the former-Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Trustees, for the time being, of

Trustees authe Fleming county Seminary, be, and they are hereby authori- thorized to sell zed and empowered to sell and convey the lot of ground and semiñary and. the buildings thereon, which has been heretofore used in said ground, and apFleming county Seminary; and that said Trustees be, and are

propriate pro

ceeds in purhereby authorized and empowered to appropriate the proceeds chase of anothof said sale to the purchase of a lot and buildings in the town er. of Flemingsburg, to be used as a Seminary instead of said lot and buildings hereby authorized to be be sold, and that the lot and buildings, so purchased, shall be, for the purpose aforesaid, forever vested in the said Trustees and their successors, and subject to the several acts of Assembly relating to the said Fleming county Seminary.

Approved, January 28, 1837.

Chap. 191.--AN ACT for the benefit of Mary Seeders.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That the marriage contract heretofore existing be-


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