§ 5. A majority of the whole board shall constitute a quorum for the transaction of business. 6. In the appointment of presidents, professors, or instructors, no preference shall be shown to any religious denomination. § 7. The board of trustees shall meet in Lexington once in each year, upon the Tuesday preceding commencement day. In the absence of the Governor, ex officio chairman of the board, the chairman of the executive committee, hereinafter provided for, shall act as chairman of the board, and in the absence of both the ex officio chairman and the chairman of the executive committee, the board shall have power to appoint a chairman pro tem. They shall appoint one of their number as secretary, who shall keep a record of their proceedings, and a treasurer, who shall receive and disburse the funds of the institution under the direction of the board. Said secretary and treasurer shall receive for their services a fair compensation. The treasurer shall enter into a bond, with sureties to the State, for the faithful and honest discharge of his duties, in a penalty equal to twice the amount of the funds annually committed to his trust; he shall keep an itemized account and expenditures; he shall pay no moneys except upon the authorization of the chairman of the executive committee, or of the board of trustees, and he shall submit a statement of his accounts to the board of trustees at its annual meeting, and to the executive committee one week before the annual meeting of the board, with vouchers for all expenditures, make a settlement with the board, and receive the discharge of the same. 8. The board of trustees shall, at each regular meeting, appoint an executive committee, consisting of five of their number residing near Lexington, three of whom shall constitute a quorum; said executive committee shall have power to do, in the interval between the regular meetings of the board of trustees, all that the board may rightfully do when convened for business; said executive committee shall determine when it shall hold its meetings, where, and how often; they shall keep a record of their proceedings, which record shall be submitted to the board of trustees at its annual or called meetings, for its approval, amendment, or ratification. But no acts of the executive committee, except the ordinary business required to be transacted for the effective operation and administration of the institution, shall have the force and effect of an enactment of the board of trustees beyond the time of meeting of the board in regular or called session, unless ratified by the board of trustees at their first meeting thereafter. may be had. § 9. A called meeting of the board of trustees may be had Called meeting at any time, notice in writing, of not less than thirty days, being given of the same; said notice in writing shall be given. by the secretary of the executive committee, by direction of the chairman of the executive committee; at least three members of the board of trustees shall sign the call for said special meeting; and no business shall be transacted at such called or special meeting other than the business specified in the call or germane thereto. cancies. § 10. In case of the death, resignation, or refusal to serve, Power to fill va of any of the trustees appointed as members of the board on behalf of the State, or of any of the trustees appointed by the alumni, the remaining trustees shall, at their first meeting thereafter, have power to fill all vacancies occasioned by such death, resignation, or refusal to serve; and the person or persons so appointed shall hold their seats as trustees during the natural or unexpired terms of the person or persons for whom they are substituted and appointed. how paid. § 11. All necessary expenses incurred by the trustees in Expenses, &c going to, returning from, or while attending the meetings of the board, shall be met and discharged out of the funds of the institution. Each representa tive district-two students free. § 12. Each Representative District in the State of Kentucky shall be entitled to send two properly prepared stu. dents to this college, free of tuition. Said students shall be selected and appointed on competitive examination, and the trustees and teacher of each common school taught within said Representative District shall select and send before an examining board, appointed by the court of claims, one student taught in the school managed and taught by them, from whom said examining board shall make the selection of appointees to said college. Preference in such selection and How selected. appointment shall be given to energetic young men whose means are not large, to aid whom in obtaining a good education this provision is specially intended. All such appointees shall retain their appointments in the Agricultural and Me Certificatesgranted how. chanical College, during good behavior, until their term of education is completed. 13. The Faculty of the Agricultural and Mechanical College shall have power to grant certificates to teachers, students of the college, valid in any county in Kentucky, under the conditions and limitations prescribed by the common school law. § 14. The board of trustees shall possess a common seal, Common seal, &c which shall be attached by the president of the board, or by the chairman of the executive committee, when the board of trustees is not in session, to all diplomas, honorary degrees, and all public documents emanating from the college. each county free, &c. § 15. One student from each county in the Commonwealth, One student from who has been engaged in teaching, or whose immediate object is to prepare for the profession of teaching, and whose studies are directed specially with reference to that end, shall, upon the presentation of a certificate to that effect from the common school commissioner of his county, be entitled to free tuition in the Agricultural and Mechanical College of Kentucky. Approved March 4, 1880. page 63, section 340, amended. CHAPTER 360. AN ACT to amend section 340 of the Code of Practice in criminal cases. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section 340 of the Code of Practice in criminal Criminal Code, cases be amended by repealing all of said section after the word law," and by adding after the said word law," in said section, the following words, to-wit: "Appearing on the record when, upon consideration of the whole case, the court is satisfied that the substantial rights of the defendant have been prejudiced thereby." Approved March 4, 1880. CHAPTER 361. AN ACT to amend section 353 of the Code of Practice in criminal cases. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section 353 of Code of Practice in criminal cases De am page 65, section 353, amended. cended by repealing all of said section after the word Criminal Code, "law," and by adding after the said word "law," in said section, the following words, to-wit: "Appearing on the record when, upon consideration of the whole case, the court is satis. fied that the substantial rights of the defendant have been prejudiced thereby." Approved March 4, 1880. CHAPTER 370. AN ACT concerning street railways. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the provisions of the General Statutes regarding the observance of Sunday shall not apply to strect railway companies. § 2. This act shall take effect from and after its passage. Approved March 5, 1880. Sunday law not railways. to apply to street CHAPTER 397. AN ACT to amend section 30, article 1, chapter 94, General Statutes, title "Public Roads." Be it enacted by the General Assembly of the Commonwealth of Kentucky: General Statutes, section 30, art. 1, chap. 94, page 765. ways, &c. §1. That section 30, article 1, chapter 94, of General Statutes, be amended by striking out all of said section after the word "valuation," in the eleventh line, and inserting in lieu thereof, "any person furnishing team and tools, as mentioned and provided in said section, shall be credited for the same at the rate of two dollars per day for plow and team, and he Roads and passshall be excused from said road at the next working until he is made even on account of such team or tools; but in no event shall any claim for such services be brought against the county." All laws in conflict herewith are hereby repealed. The provisions of this act shall only apply to the counties of Barren, Metcalfe, Monroe, Livingston, and McCracken. § 2. This act to take effect from and after its passage. Approved March 8, 1880. Webster county. AN ACT to repeal an act, approved April 10th, 1878, entitled "An act 12 amend chapter 94 of the General Statutes." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act approved April 10th, 1878, entitled "An act Repealed as to to amend chapter 94 of the General Statutes," which act applied only to the counties of Lawrence, Boyd, Webster, and Ballard, be, and the same is hereby, repealed so far as it applies to the county of Webster. re-enacted as to § 2 That the provisions of chapter 94 of the General StatGeneral Statutes utes, which were amended by the act approved April 10th, Webster county. 1878, be, and the same are hereby, restored, and are made to be in full force and effect, from and after the passage of this act, as to Webster county. §3. This act shall take effect from its passage. Approved March 8, 1880. chapter 92, page 738. CHAPTER 399. AN ACT to amend chapter 92, General Statutes, entitled "Revenue and Taxation." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That when the sheriff or other collector of the State rev. General Statutes, enue tax, county tax, and railroad tax makes out his list of nsolvent and delinquent tax-payers, to return the same to the court of claims of any county, it shall be his duty, and he is required, to make out the tax receipt of each delinquent taxpayer, and indorse thereon "no property found to make said tax, or any part thereof," and sign the same officially; and he shall return said tax receipt with his delinquent list to the county court, as now required by law; and said sheriff or collector is then forever barred from collecting any tax so returned by him, unless the same is again re-listed with him by the county court. Duty of sheriff, &c, as to insol vent tax-payers. § 2. Should any sheriff or collector fail to return said tax Penalty for fail receipts with his delinquent list, he shall, for each offense, be fined by the county court the sum of twenty-five dollars in a ing to return |