1838. Purchase of land at locks and dams. SEC. 14. That the Board of Internal Improvement shall have power and authority to purchase at the locks and dams now under contract, and which may hereafter be put under contract, such quantity of land as may be required to use the water power alvantageously, not exceeding one hundred acres; and all such purchases shall be evidenced by writing, and all deeds made pursuant to any purchase under the proDeeds to be visions of this section, shall be made to the Commonwealth of Kentucky, and certified and acknowledged as deeds are, passing between individuals, and shall be recorded in the Clerk's office of the Court of Appeals or General Court. recorded. Estimate of water power at locks to be made. Provision of former act continued in force. Road from mouth of Salt river to Shaw peetown. SEC. 15. That the Board of Internal Improvement shall cause an estimate to be made of the spare water power at each lock and dam now under contract on the Green, Barren, Kentucky and Licking rivers; and make out an estimate of what annual rent the same should be let by the Commonwealth, when the locks and dams are finished, and report to the next Legislature. SEC. 16. That the provisions of the 31st section of the act defining the powers and duties of the Board of Internal Improvement, approved 29th February 1835, be and the same are hereby continued in force for, and during the year 1838, and no longer. And whereas the County Court of Breckinridge has raised by taxation a sum in addition to the amount authorized by the before recited section to be subscribed and levied; and the same cannot be availably expended without the co-operation of the State, as provided by said act; therefore, when the County Court of Breckinridge shall place under the control of the said Board, the sum which has been levied by the County Court, the said Board shall advance, on the part of the State, a sum not exceeding three thousand dollars, to be expended under their direction to the improvement of that part of the State and stage road leading from the mouth of Salt river to Shawneetown, which lies in the county of Breckinridge. SEC. 17. That the sum of three thousand five hundred dol Rough creek, lars, part of the sum heretofore appropriated to the improveNolin, Bear &ment of the navigation of Rough creek, be and the same is Caney crecks. hereby placed under the direction and control of the Board of Bridge across Rough creek. Internal Improvement, to be expended in the improvement of the descending navigation of Nolin, Bear and Caney creeks, if in the opinion of the said Board, after an examination of said streams by an Engineer, they are deemed by said Board of sufficient importance to justify said expenditure; and whenever the sum of fifteen hundred dollars shall be raised by individual subscription or levy of the County Courts of Breckinridge and Grayson, the said Board are hereby authorized to take from the appropriation heretofore made to Rough creek, a sum not exceeding three thousand dollars, to erect a bridge across said stream at the great falls thereof, at a suitable point to connect with the road leading from Cloverport to Bowling green; and the building of said bridge shall be let in such manner as said Board shall think proper. SEC. 18. That no more locks and dams shall be put under contract by the Board of Internal Improvement on Green river, Barren, Kentucky or Licking river, during the year 1838. 1838. What streams not to be put in 1838. under contract Directors, &c. SEC. 19. That hereafter it shall be the duty of the Presi dent and Directors, or managers of any turnpike road com- toguard against pany, in which the State is a stockholder, to guard the Com- frauds. monwealth against any fraudulent practices, on the part of individual subscribers, and to prevent individual subscriptions from being made, not of a fair and bona fide character, but for the purpose of procuring subscriptions on the part of the State merely, with the expectation of becoming road contractors, and not with the intention to pay the amount of their subscriptions in good faith, according to the true meaning and intent of the law; and it shall be the duty of the aforesaid President and Directors, or managers of the turnpike roads respectively, before they enter upon their respective duties, to make oath before some officer who may be qualified to administer the same, that they will faithfully discharge their duty according to law, and that they will not knowingly, permit any fraudulent practices against the Commonwealth, but that they will endeavor, as far as in them lies, to prevent such practices by individual stockholders, or road contractors, or otherwise, and a certified copy of such oath shall, in all cases, be deposited with the Board of Internal Improvement, before any subscriptions shall be made on the part of the State by said Board, Approved February 16, 1838. CHAP. 884-AN ACT for the benefit of the heirs of Henderson J. Colvin, deceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for any one or more of the heirs of Henderson J. Colvin, deceased, to file a bill in chancery, in the proper Circuit Court, against the administrator and other heirs of the said Colvin, alleging that the personal estate is insufficient to pay the debts, and that it will be necessary to sell the lands, or a part thereof, for the payment of the debts, and that a sale of the residue will be the most advantageous mode of dividing the same, and the court shall be authorized to investigate the debts and the accounts of the administrator, and to decree a sale of the lands and cause the the debts to be paid, and the balance of the proceeds divided among the heirs, and make all necessary and proper orders and decrees in the effectuation of the sale and the objects of this act. Approved February 16, 1838. CHAP. 835-AN ACT to regulate the Circuit Courts in the 15th Judicial SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That after the next term of the Laurel Circuit Court, the said court shall commence on the Tuesdays succeeding the first Mondays in March, June and September, and continue five juridical days, if the business of the court shall require it. SEC. 2. That the Harlan Circuit Court shall commence on the Wednesdays after the first Mondays in May, August and November, and continue four juridical days, if necessary. SEC. 3. That the Perry Circuit Court shall, hereafter, commence on Tuesdays after the second Mondays in May, August and November, and continue five juridical days, if neces sary. SEC. 4. That all judicial process whatever that may now be issued, or hereafter issued, previous to the terms mentioned in the foregoing sections, and all recognizances which may be made returnable to the present time for holding said terms, shall be as valid and good as though this act had not passed. SEC. 5. That in case the Judge presiding in said Circuit should fail to attend on the first or second days of either terms in said circuit, he may open said courts on the third day of their respective terms, Approved February 16, 1838. Two gates at one place. CHAP. 886-AN ACT for the benefit of the Bardstown. and Louisville, and SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Presmay be put up ident and Managers of the Bardstown and Louisville Turnpike Road Company to put the second and third toll gates on said road from Bardstown at one place, and erect and establish one toll gate instead and place of the two, and to charge double tolls at the place where the two gates shall be removed to: Provided, The Board of Internal Improvement shall first assent thereto. SEC. 2. That it shall be lawful for said President and Man7 Toll may be agers to make such arrangements, that persons travelling said paid at end of road may pay at the gates at each end of said road for all the gates on said road. road. stock, &c. SEC. 3. That it shall be lawful for the President and ManaCertificate of gers of the Bardstown and Louisville, and of the Louisville and Shelbyville, and Louisville Turnpike roads, to take in the present certificates of stock in each of said companies, and issue other certificates of stock, in such form as they may deem proper, and include all the shares held by any one person, company or corporation, in one or more certificates, as shall be desired. Approved February 16, 1838. 1838. CHAP. 887-AN ACT for the benefit of Rebecca Gwin. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Rebecca Gwin and her husband, Joseph Gwin, is forever dissolved, so far as relates to said Rebecca Gwin, who is hereby restored to all the rights and privileges of an unmarried woman. Approved February 16, 1838. CHAP. 888-AN ACT to amend the Charter of the Lexington and Ohio Railroad Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the charter of the Lexington and Ohio Railroad Company be so amended, as to authorize said company to charge the sum of twenty five cents for each passenger and his baggage, not exceeding forty pounds in weight, from Portland to Main street of the city of Louisville. Approved February 16, 1838. CHAP. 889-AN ACT to incorporate the College of Physicians and Surgeons of the City of Louisville. Mosby, College in SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That for the promotion of medical science, and the encouragement of order and harmony among corporated. the members of the profession, the following individuals in the city of Louisville, viz: William C. Galt, Richard Ferguson, Charles Caldwell, John E. Cook, Coleman Rogers, Pendergrast, Lewellen Powell, Martin, Jedediah Cobb, Henry Miller, Joshua B. Flint, Lunsford P. Yandell, Thomas L. Caldwell, Lewis Rogers, Richard W. Ferguson, John M. Talbot, Theodore S. Bell, Jarvis, Richard Wantyn, C. M. Way, J. Middleton, J. Martin, J. W. Hall, B. H. Hall, and their associates and successors, shall be and are hereby incorporated and constituted a body politic, with perpetual succession, by the name and style of "the College of Physicians and Surgeons of the city of Louisville," and in that name may acquire, hold and enjoy all such real and personal estate, as may be necessary and proper for the use and accommodation of said college, and the same may sell and convey at pleasure, provided that the annual income of such real and personal estate shall not exceed the sum of ten 1838.. the society. thousand dollars; they may, also, contract and be contracted with, sue and be sued, plead and be impleaded with, in their corporate name, and may have and use a common seal, and change, and alter, and renew the same at pleasure. SEC. 2. The officers of said society shall consist of a PresiOfficers of dent, Vice President, four Censors, a corresponding and recording Secretary, and a Treasurer; and the college shall have power to create and fill such other offices as may be found convenient and useful to promote its objects; and, also, to frame a constitution and by-laws, and adopt such rules and regulations as may be necessary and proper for the good government, permanency and usefulness of the same: Provided, however, That such constitution, by-laws, rules and regulations, shall be in accordance with the constitution and laws of the United States and of this Commonwealth. By-laws. SEC. 3. The officers of the college shall be elected, annualAnnual elec- ly, by the regular members thereof, at such time and place, tions of officers. and under such regulations, as may be prescribed by the college; but in the event of the occurrence of a vacancy by death, resignation, or otherwise, in the interval, it shall be lawful for the college to proceed at any regular meeting to fill such va the college. cancy. SEC. 4. The college shall be composed of regular members, Members of or such as participate directly in the duties and administra tion of the concerns of the college, and honorary members, to all of whom certificates of membership shall be granted in such form as may be prescribed by the college: Provided, however, That the said college shall not have the right to create professorships, deliver lectures, or confer degrees in medicine or surgery. Proviso. Approved February 16, 1838. CHAP. 890-AN ACT to restore the privileges of the Banks in this Commonwealth, when they shall resume specie payments. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Bank of Kentucky, NorthForfeitures ern Bank of Kentucky, and the Bank of Louisville, shall be released on cer- exonerated from any forfeiture of their charters so soon as tain conditions. they shall, respectively, resume the payment of their notes in circulation and their other liabilities in gold or silver: and until the Bank of Kentucky shall resume specie payment, her notes under discount and her bills of exchange shall not exceed six millions of dollars, exclusive of State and city bonds now held by said Bank; and until the Northern Bank of Kentucky shall resume specie payments, her notes under discount and her bills of exchange shall not exceed three millions five hundred thousand dollars, exclusive of State bonds now held by said Bank; and until the Bank of Louisville shall resume |