1838. Limitation. or Bank of Louisville, in their own names, in trust for their SEC. 7. That the limitation of the use of the stocks, au- Approved February 16, 1838. numbered. CHAP. 956-AN ACT concerning the State Library. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Librarian, Books to be as soon as practicable, after the end of the present session, to arrange all the books, constituting a part of the State Library, agreeably to the provisions of this act, and number each volume commencing with number one and progressing upward, until all are numbered, by writing the number in figures on the inside of the front lid, and also on the back thereof. That in numbering the volumes, all the full sets of any particular book shall be numbered in succession, and then the broken sets, in like manner, except that the numbers corresponding with the missing volumes shall be skipped, so as to leave room for numbering them as they shall be returned to the Library, when they shall have their proper numbers affixed as aforesaid. Books which shall constitute SEC. 2. That the following books shall constitute a part of the State Library, to-wit: all the books now on hand, of which there is not exceeding four sets, except the following, a part of the of which there shall be the number of sets annexed, viz: Morelibrary. head and Brown's Digest, fifty sets; Pirtle's Digest, ten sets; Journals of the two houses of Congress, five sets each; Journals of the State Legislature, each, twenty five sets; Laws of Congress, now on hand or hereafter received, twelve sets; Session Acts of the State Legislature, now on hand or hereafter published, fifty sets; Reports of the Decisions of the Court of Appeals, ten sets. And the Trustees of the Library are hereSurplus vol- by vested with authority to sell or exchange all the surplus umes to be sold volumes or sets that shall remain, after setting apart for the or exchanged. Library the number of complete sets as herein provided; and the proceeds of such sale shall be a fund in the hands of the Judges of the Court of Appeals to buy new books. And hereafter, fifty copies of the Acts of Assembly, and twenty five sets of the Journals of the two Houses, shall be annually printed for the use of the Library, over and above the usual number for distribution: Provided, however, that the Trustees, before making any sale of books, shall set apart a competent number of sets of such books as are, by law, directed to be distributed; and the books, so set apart for distribution, shall not constitute a part of the State Library, but shall be safely preserved, by the Librarian, till they are distributed ac cording to law. Proviso. 341 1838. Persons who SEC. 3. That it shall be the duty of the Librarian to procure a book, in folio form, and suitably ruled for entering books taken from the Library, by persons authorized to have the use of the public books, in which he shall charge all books pro- use the books cured from the Library, with the date on which they are ob- to tained, and shall note when they are returned. And the entries on said book shall be prima facie evidence against the party charged with any book; and the Librarian shall be a competent witness in relation to any entries on said book. SEC. 4. That the members of the Legislature, and Clerks of the two Houses shall be authorized to keep the number of volumes to which they are entitled: members, until within three days of the close of the session, and clerks, till three days after the session; and if members shall not return to the Librarian the books by them respectively procured, on or before the fourth day preceding the day fixed upon for adjournment, it shall be the duty of the Librarian to certify to the Treasurer what books have not been returned by the several Senators and Representatives; or if the Clerks shall not return the books by them procured, within three days after the session closes, the Librarian shall, in like manner, certify the same, together with the value of said books; and it shall be the duty of the Treasurer to retain so much of the pay of the Senators, or Representatives, or Clerks, so failing to return any books, as shall be equal to their value: Provided, that if said books shall afterwards be returned to the Librarian, it shall be his duty to certify that fact, and the Treasurer shall, thereupon, pay the balance due to such Senator, Representative, or Clerk-retaining only so much as will be equal to the deficiency in the books returned. And the Clerks of the two Houses shall have the privilege of taking as many books from the library, as they may have occasion for, in their official capacities: Provided, that they shall not be responsible for such books as they shall respectively make a requisition for, to be deposited in the chambers of their respective Houses, for the use of committees, or of the Senate and House of Representatives, while in session; or of such books as may be deposited in either chamber, by order or resolution of the respective Houses. And it shall be the duty of the Librarian. to charge all books procured from the Library, for the purposes aforesaid, to the respective chambers for whose use they were procured, and that at the end of the session shall collect said books and return them to the Library. And if any cannot be found, he shall report, specially, in his annual report, what books procured as aforesaid, for the use of the two Houses, have been lost. be charged with them. If members of the Legislafail to return books, the value is to be detheir pay. ducted from ture and Clerks SEC. 5. That the Judges of the Court of Appeals, of the General Court, and Franklin Circuit Court, and their respec- use the books; Who else to tive Clerks, shall have a right to take from the public Library and such law books as they may have use for, in term time, in the fail to return performance of their official duties, and to keep them till the them. proceedings when they 1838. Treasurer. adjournment of the court, when it shall be their duty to cause said books to be returned; and on failure to do so, it shall be the duty of the Librarian to certify to the Treasurer what books have not been returned, by any Judge or Judges who shall have obtained said books, or upon whose written order they shall have been delivered, and the value thereof; and the Treasurer shall deduct the amount thereof out of the next quarter's salary of the Judge or Judges so failing. And if the Clerk or Clerks of any of said courts shall fail to return any books obtained by them, at the expiration of the term at which they were procured, it shall be the duty of the Librarian to commence a suit, in the name of the Commonwealth, for the books not returned, before any court or Justice of the Peace having jurisdiction of the like sums.. And in all cases where one or more volumes of a set are lost, or omitted to be returned, the party failing shall be chargeable with the entire set, and when charged with the whole set, he shall be entitled to the remaining volumes of the set. SEC. 6. It shall be the duty of the Treasurer to retain twen Duty of the ty dollars out of the pay of each Senator and Representative, who shall desire to draw his pay before the third day preceding the adjournment, unles he shall produce a certificate from the Librarian, that such Senator or Representative has returned all the books received by him from the Library, or that he has had no books therefrom. And if the Librarian shall certify that the books not returned, and which ought to be paid for, according to the provisions of this act, is of less amount than twenty dollars, then the Treasurer shall retain only the amount certified, but shall pay the sum retained when all the books shall have been returned. Report to the Legislature. SEC: 7. The Treasurer shall state, in his annual report, how much money he has retained in his hands for books not returned. And the Librarian shall also set forth, in his annual report, how many volumes have not been returned; what part thereof has been paid for, by retaining the money in the hands of the Treasurer; what part has been paid to him, and what part is in suit. SEC. S. The Judges of the Court of Appeals shall, from time Money in the to time, make a requisition upon the Auditor for a warrant hands of treas for the amount in the hands of the Treasurer, who shall, urer applied to thereupon, issue a warrant for the same; and the amount received on such warrant, together with the sum which shall have been received by the Librarian, shall be applied to the purchase of new books, in the same manner as if it were a part of the annual appropriation for the use of the Library. the purchase of books. Catalogue to be made. SEC. 9. When the Librarian shall have arranged and numbered all the books, according to the provisions of this act, he shall make out a complete catalogue of said books, with their numbers, in a well bound book, to be safely kept in the Library room for inspection; and all new books, purchased or acquired, not exceeding the number of sets as provided in the second section of this act, shall be numbered in progression, and entered on said catalogue. 1838. Maps of SEC. 10. The Librarian shall cause to be printed on twenty of the Maps of Kentucky, in some conspicuous place, Kentucky. "State Library," and shall list them on the catalogue aforesaid, and they shall constitute a part of the Library. And the Trustees shall have power to sell the remainder of said maps, or exchange a part of them for maps of other States. SEC. 11. So much of the act, approved 25th January, 1833, Appropriation. as appropriates the sum of five hundred dollars per annum, for the term of five years, for the gradual increase of the Library, to be laid out and expended for law books and other valuable books shall be and is hereby extended for the term of five years from the expiration thereof. SEC. 12. The University, and each of the Colleges of this State, shall be entitled, annually, to one copy of the Acts of Assembly, and one copy of the Journals of each House; and the person or persons who shall, hereafter, distribute the Acts and Journals, shall deliver said books to the Librarian, President, or one of the professors of said Colleges or University. It shall be the duty of the Public Printer to print so many additional copies of the Acts and Journals as the provisions of this act may render necessary. Approved February 16, 1838. Universities Colleges entitled to one and copy of the acts and journals. CHAP. 957-AN ACT to establish the town of Delphi, on the Mississippi river, at the mouth of Mayfield creek. WHEREAS, it has been represented to this General Assembly, that Henry Hamilton, Hiram Pratt, William S. Hatch, and William F. Langdon, are the proprietors of five hundred acres of land, on the Mississippi river, at the mouth of Mayfield creek in the county of McCracken, and they, the said proprietors, having caused a survey of said land to be made into lots, streets, and alleys, and they, the said proprietors, being anxious to have a town established on said land-therefore, Town estab SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said five hundred acres of land, on the Mississippi river, at the mouth of Mayfield creek, lished. on the upper side thereof, as surveyed and laid out by the said proprietors, and William H. Cowling, be and the same is hereby established as a town, which is hereafter to be known and called Delphi. tees. Lots to be SEC. 2. That the said five hundred acres of land, as laid out and surveyed into lots, streets, commons and alleys, by the deeded to trussaid proprictors, and said Cowling, be and the same is hereby authorized to be vested, by deed of conveyance, in David Weaver, E. Hotchkiss, Thomas Gay, William H. Cowling, A. W. Naylor, and their successors, who are to be known The trustees. 1838. Treasurer and Clerk. Trustees au lots, &c. and styled as the Trustees of the town of Delphi, and to continue in office from the 10th day of March 1838, until the 10th day of March 1840, or until their successors are duly elected and qualified. The said Trustees shall have power to elect a Clerk and Treasurer, whose duties it shall be to keep a true and faithful record of all the acts and doings of the said Trustees, and account for all the moneys entrusted to their care, and account for the same whenever called on by said Trustees. SEC. 3. The said Trustees, their successors in office, or a majority of them, shall have power to sell and dispose of, at thorized to sell public auction, all or any part of the inlots or outlots in. said town, as designated in the map or plan of said town, made by the said Cowling, at such times and upon such credits as the said proprietors may hereafter direct; and the said Trustees, their successors, or a majority of them, shall have power to make, or cause to be made, to the purchaser or purchasers of any lot, or parts of lot or lots, in the said town a deed in writing, in fee simple, for any lot or lots by them sold as aforesaid, whenever, and at such times, as the purchaser or purchasers produce to their Clerk an order or receipt that the purchase money therefor has been paid to the said proprietors. The said Trustees, and their successors, shall have power to make all by-laws and regulations for the internal police and government of said town, not inconsistent with the laws of this Commonwealth; they shall have power to settle all disputes of or concerning the boundaries of the lots, streets, or alleys, of said town. A majority of said Trustees shall be deemed a quorum to transact any business of or concerning said town; and should any vacancy occur in said board by death, resignation, or otherwise, the remainder of said Trustees, in office, shall have power to fill such vacancy. The said Trustees, before they enter on the duties of their office, shall make oath before some Justice of the Peace that they will faithfully and impartially, to the best of their skill and judgment, discharge the duties of a Trustee of said town. Bye-laws. Vacancieshow filled, Election Trustees. of Deed and SEC. 4. That it shall be lawful for the free white male inhabitants of said town, on the first Monday in March 1840, and on the same day in every year thereafter, to vote for five citizens of said town as Trustees; and the five citizens thus elected, after having been duly qualified as Trustees, shall be entitled to all the immunities and privileges of Trustees in other towns in this Commonwealth, and shall be vested with all powers hereby vested in the said Trustees of the said town of Delphi. SEC. 5. That it shall be lawful for the said Trustees, hereby appointed for said town, to cause the deed of conveyance to plan of town to them, and the said plan or map of said town, to be recorded by their Clerk in a book to be kept for that purpose; and the said trustees, after first certifying, under their hand and private seal, the said map or plan of said town, to be the true and faithful map of said town shall, within ninety days from be recorded. |