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iff.

1838.

proper, the whole of whom shall be drawn in like manner as
if only one hundred Jurors had been selected; and if, from the
limited population in any county, the court shall believe that
a less number than one hundred ought to be selected, the court
may limit the number to less than one hundred: provided, said
limit shall not fall below fifty, all of whom shall be drawn as
in case the whole number amounted to one hundred.

SEC. 9. That instead of the oath required to be taken by Sheriff's and deputy Sheriffs, by the second section of the act, entitled, an act to change the present mode of summoning Jurors in this Commonwealth, and to provide for their compensation, Sheriffs and their deputies shall severally take the following oath, in the court of the county for which he is Sheriff: "I do solemnly swear that I will, without favor or afOath of sher- fection, or desire to favor or injure the rights of any litigant, summon Jurors in and for the county of -; and that I will, to the best of my judgment and skill, select discreet, impartial, and sober men; and that I will not, directly, or indirectly, converse, or communicate, with any Juror, unless under the direction of the court, touching or concerning the merits, or subject matter, of any suit pending, and to be tried in the said county of -; nor will I communicate to any person, except to the Clerk of the court, the name of any Juror I may summon to attend the Circuit Court, or the name of any Juror I may be required to summon, under the provisions of the act, entitled, an act to alter the mode of selecting Petit Jurors."

SEC. 10. That the said Commissioners shall take the Jurors Juries to be from the different sections of the county, so far as is consistent selected in dif with a judicious selection; and said Commissioners, when orferent parts of ganized, by being sworn, as herein directed, shall retire to a counties. jury room, and not depart therefrom without leave of the court: but they shall be kept together until they discharge the duties imposed on them by this act, in the same manner as Petit Jurors, after their retirement from the bar to consult of their verdict.

Commissioners, when or

ganized, to be kept together.

Penalty on clerk & sheriff.

SEC. 11. That if any Clerk or Sheriff shall fail, without a reasonable excuse, to perform any duty, by this act enjoined on him, the court shall impose a fine of twenty five dollars on him for each failure.

SEC. 12. That in case, from challenges or absence, the panBystanders els of regular Jurors shall be exhausted, it shall be lawful for as the Sheriff to supply the requisite number of Jurors from qualified by-standers, as heretofore.

summoned heretofore.

Approved February 16, 1838.

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CHAP. 961-AN ACT to amend the Charter of Cumberland College, and for other purposes.

WHEREAS, it is represented to the present General Assembly of the Commonwealth of Kentucky, that the General Assembly of the Cumberland Presbyterian Church, at their May session in 1837, held in the town of Princeton, in the State of Kentucky, have recommended to the Trustees of the Cumberland College, in consequence of the involvement of said institution in debt, and of the danger of its failing to accomplish the benevolent objects of its founders, for want of pecuniary aid, that the said Trustees (provided that Legislative sanction could be obtained therefor,) should make over, transfer, and convey, all the right, title and interest to the property, both real and personal, vested in them by the charter of incorporation, approved January 8th, 1827, to an association of individuals who would assume the responsibility of the payment of all the debts of said College: and, whereas, it is further represented, that such association, and now known by and called the Cumberland College Association, has been formed, which has already liquidated, paid off and discharged a portion of said debts, and, by contract, have obligated and bound itself for the payment of the rest: and, whereas, the said Trustees have, in accordance with the recommendation of the said General Assembly of the Cumberland Presbyterian Church, entered into an arrangement with the said association, for the purposes above specified: Now, to legalize the acts of said parties, and to confer upon the said association corporate powers-therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said association of individuals, under the name and style of "Cumberland College Association," is hereby invested with all the right, title and interest to the property, both real and personal, belonging to, or in anywise connected with, Cumberland College, which is now vested, by the charter of incorporation, in the "Trustees of the Cumberland College;" and that all assignments, transfers and conveyances of property, choses in action, accounts, debts, claims, dues, and demands, which have heretofore, or may hereafter be made by the said Trustees to the said association, shall be good and valid in law and equity.

SEC. 2. That this association shall be entitled to all the rights, privileges and immunities which are now granted and guarantied to the Trustees of said College by its charter of incorporation, so far as the same are not repugnant to this

act.

SEC. 3. That at such time, after the passage of this act, as may be most convenient to the association, it shall proceed to elect thirteen of its members as Directors, to hold their offices during the pleasure of the association-three of whom shall make a quorum-one of whom shall be chosen President of

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1838.

Directors to

the directory; which directory shall exercise all the rights, privileges and immunities, and be subject to all the pains and penalties which are now incident to, or imposed upon, the Trustees of the Cumberland College.

SEC. 4. That whenever any election for Directors shall take be approved by place, it shall be the duty of the association to submit such general assem- choice to the General Assembly of the Cumberland Presbybly of the Cum-terian Church, for its approval.

berland Presby

terian Church.

SEC. 5. That an annual report of the condition of the finances of the College, its prospects, and its general operations, Annual report. shall be made to the General Assembly of the Cumberland Presbyterian Church.

SEC. 6. That this association shall sue and be sued, and do May sue and all other corporate acts, under the name of the "President and Directory of Cumberland College Association."

be sued.

SEC. 7. That the said President and Directory are hereby Collect sub- empowered to collect all subscriptions, of the members of this association, now made, or hereafter to be made.

scriptions.

SEC. 8. That this association may admit so many additional May admit members, and upon such terms, as it may deem expedient: members, &c. Provided, the joint subscription shall not exceed one hundred thousand dollars at any one time. Approved February 16, 1838:

RESOLUTIONS.

A RESOLUTION to appoint a Joint Committee to visit Transylvania University, and the Lunatic Asylum.

Resolved, by the General Assembly of the Commonwealth of Kentucky, That a Committee of three on the part of the Senate, and six on the part of the House of Representatives, be appointed to visit and enquire into the condition of Transylvania University, and Lunatic Asylum, near the city of Lexington, and report thereon.

Approved January 10, 1838.

A RESOLUTION fixing a day for the election of Public Officers.

Resolved, by the General Assembly of the Commonwealth of Kentucky, That they will, by joint vote of both Houses, on the sixteenth day of January 1838, proceed to the election of a Treasurer, Public Printer, Librarian, a President and Directors of the Bank of the Commonwealth of Kentucky, for the ensuing year; and a Keeper of the Penitentiary, on Thursday the 25th instant, whose appointment shall not take effect until the tenth day of March 1839.

Approved January 16, 1838.

JOINT RESOLUTIONS in relation to the Currency, and the administration of the General Government.

Resolved, That the General Assembly of the Commonwealth of Kentucky have seen with deep regret, the derangement in the currency and domestic exchanges, the general prostration of the commercial and manufacturing business, the reduction in the price of agricultural products of the people of this State, in common with the people of the United States, which occurred on the suspension of the banks to pay specie during the last spring, and which still continues to the great distress of the country.

2. Resolved, That this deplorable state of things has been, in the opinion of this General Assembly, mainly produced by improvident, rash and arbitrary acts and proceedings of the Executive branch of the Federal Government, commencing with the veto of the bill to re-charter the late Bank of the United States, followed by the romoval of the deposits of the public. money, contrary to law, from its assigned custody, and terminating in the Treasury Order, exacting specie in all payments for the public lands, which was issued not only without constitutional or legal authority, but in disregard of the known opinion of the Legislative branch of the General Gov

ernment.

3. Resolved, That the General Assembly have seen with surprise and regret, that the present Executive of the United States, instead of manifesting becoming sympathy with a suffering people, and recommending measures to relieve them, and restore that prosperity of which they have been wantonly deprived by the administration of his predecessor and himself, has exhibited, in his late messages to Congress, a cold indifference to the lamentable condition of the country, and a solicitude only to supply the wants of the Treasury, and to protect the interests of the official corps.

4. Resolved, That the system of Sub-Treasuries, proposed by the Presi dent of the United States, is a dangerous innovation, tending to augment the Executive power to an alarming extent, to the engrossment, by the Executive of the United States, of all the paper emissions; to place in its possession, or under its control, a great portion of the specie of the country; to abuse, waste and corruption; and finally, to the consummation of that peril ous union of the purse and the sword in the hands and under the power of one man, at the imminent hazard of the purity and the very existence of our free institutions.

SEC. 5. Resolved, That the people and their government are one and indivisible, and that any attempt to separate them, in interests, in currency, or in fortune, can only proceed from insensibility or infidelity to the duties of the relation in which they stand to each other.

6. Resolved, That the General Assembly have seen, with great satisfaction, that a measure fraught with such fatal danger as the experiment of Sub-Treasuries, was defeated at the late session of Congress, by the vote of the immediate representatives of the people, and protesting, as the General Assembly now do, solemnly against it if it shall again be proposed, they request their Senators and Representatives of the State of Kentucky, in Congress, to continue to oppose its adoption with the utmost of their zeal and ability.

7. Resolved, That the General Assembly have seen with painful regret, that the Executive of the United States, profiting neither by his own experience nor that of his predecessors, appears resolved to persevere in a series of experiments and untried expedients, fatal to the prosperity and dangerous to the liberties of the people.

8. Resolved, That it is the duty of the General Government to secure a general medium of circulation, of uniform value, throughout the United States; and that the State of Kentucky has a deep interest in the faithful performance of that duty.

9. Resolved, That all experience has attested that the agency of a well regulated Bank of the United States, administered by a corporation blending.public and private interests, and under public and private control, is best adapted to furnish and maintain a sound currency, to facilitate and render uniform domestic exchanges, and to inspire general confidence.

10. Resolved, That the administration of the General Government, of late years, has been characterized by wasteful extravagance, insomuch that the expenditures of the Government have risen in the short space of eight years, from about thirteen millions to the enormous sum of thirty two millions of dollars.

11. Resolved, That the General Assembly have beheld with surprise, and just alarm, the abuse, encroachments and usurpations of the Executive De

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