60 1838. CHAP. 571-AN ACT to authorize the Clerk of the Nelson County Court to make a genernl index to certain deeds and other papers of record in his office. WHEREAS, it is represented to the present General Assembly, that the indexes to the deed books in the County Court Clerk's office of Nelson county are much worn and defaced, and need transcribing, in order to have an easy and ready reference to the deeds of record in that office-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Clerk of the County Court of Nelson, be and he is hereby authorized and directed to make out a general index to all the deeds and other instruments of writing on record in the Clerk's office of the late district court, held in Bardstown, the quarter session court of said county of Nelson, the circuit court, and, also, of the county court of said county, up to the eleventh day of December 1837, which are now recorded in books in his office, and shall submit the same to the county court of said county for their approbval. SEC. 2. That said court shall, after they shall have examined and approved of the index hereby directed to be made out, proceed to levy upon the county a sum sufficient to pay for the same; or they may pay it out of any money of said county, in deposite, not otherwise appropriated, such sum for the making out of said index as they shall deem right and just, making the allowance only for said index as to the 10th day of May 1830. Approved January 16, 1838. CHAP. 572-AN ACT for the benefit of the Sheriff of Fayette. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Fayette be alFurther time lowed further time, until the first day of May 1838, to return given to return his delinquent list of revenue tax and jury fees for the year delinquent list. 1837, and the Fayette County Court is hereby empowered to certify said delinquent list, at any time before said first day of May 1838, and for said delinquent list the Auditor of Public Accounts shall give said Sheriff credit; and for any excess paid by said Sheriff on account of said revenue, the Auditor shall issue, in his favor, a warrant on the Treasurer. Auditor's ad be re-listed. SEC. 2. That the Auditor shall be and he is hereby required to relist, with said Sheriff, the Auditor's additional list which ditional list to was forwarded to said Sheriff in the year 1837, and if the Fayette County Court shall be satisfied, by legal proof, that any of the persons charged in said additional list, with arrearages of revenue tax, has been improperly listed twice in one year, with the revenue tax on the same articles of property, and that such person has paid his revenue tax for such year, the Auditor, upon a certificate thereof from said county court, shall give said Sheriff credit for such arrearages so charged to said person in said additional list. Approved January 16, 1838. 1838. CHAP. 573-AN ACT for the relief of William B. Parker, late Sheriff of Lewis WHEREAS, it appeas to the satisfaction of this Legislature, that the Commissioner of tax for the county of Lewis, in the year 1836, improperly and illegally listed for taxation, in said county, the property of Charles A. Marshall and Thorton Hord, who were, at the time, citizens of Mason county, amounting to the sum of twenty two dollars and ninety cents, whereby William B. Parker, then Sheriff of said county, became chargeable with the sum of twenty two dollars and eighty nine cents, the tax on said property, and that he has paid the same into the Treasury, though he could not lawfully collect the same from said Marshall and Hord-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor be, and he is hereby authorized to issue a warrant upon the Treasurer in favor of William B. Parker, late Sheriff of Lewis county, for the sum of twenty two dollars and eighty nine cents, in satisfaction for the sum paid as aforesaid. Approved January 16, 1838. CHAP. 574-AN ACT to change the mode of appointing Trustees to the Cumberland Hospital. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the act establishing the Cumberland Hospital, approved January 23d, 1827, as appoints the Trustees of said Hospital, and authorizes them to fill vacancies which may occur in their body, shall be and the same is hereby repealed, and from and after the passage of this act the Governor, for the time being, shall nominate, and by and with the advice and consent of the Senate, annually appoint five Trustees for said Hospital, who shall, before they enter upon the duties of their office, take the oath and give the bond as directed by the before recited act; who shall hold their office for one year, and until their successors shall be appointed and qualified; and they shall have power to fill vacancies which may happen in their body, to serve until others shall be appointed. Approved January 16, 1838. 1838. CHAP. 575-AN ACT to amend the law in relation to the collection of the Public Revenue. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in all cases where indulgence has heretofore been, or shall hereafter be extended, to any Sheriff of this Commonwealth, for the payment of the revenue, or any part thereof, to a period beyond that which is allowed by the revenue laws; and if said Sheriffs, or any one of them, shall fail to pay the full amount of the revenue due by said Sheriff, at the time to which indulgence shall be extended, it shall be the duty of the Auditor to make a motion, on the third day of the General Court, which shall be next thereafter holden, against the Sheriffs, severally, who shall make default, and his and their securities, and no notice of the time and place of making such motion shall be necessary; and, thereupon, the same proceedings shall be had, as if the indulgence had not been given. Approved January 16, 1838. corporated. CHAP. 576-AN ACT to incorporate the Kentucky Silk Manufactoring Company.. WHEREAS, Lazarus Powell, William Soper, Thomas J. Johnson, and others, by their petition to the Legislature, pray to be incorporated as a Silk Company, for cultivating the different kinds of mulberry trees, raising silk worms, and manufacturing silk; and this Legislature being disposed to encourage so useful and important an undertaking-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Lazarus Powell, William Soper, Company in- Thomas J. Johnson, William G. Taylor, Hervy Green, Edmund H. Hopkins, Livingston G. Taylor, Stephen B. Peet, and such others as are now, or hereafter, may be associated with them for that purpose, shall be and are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, by the name of "the Kentucky Silk Manufacturing Company;" and, by that name, they and their successors and assigns, shall and may have continued succession, and be persons, in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever; and that they and their successors may have a common seal, and make, change and alter the same at their pleasure; and that they and their successors, by the same name and style, shall be capable of purchasing, holding and conveying any estate, real or personal, for the use of said Corporation. SEC. 2. That the capital stock of said incorporation shall not exceed two hundred and fifty thousand dollars, and that sub 1838. scriptions to the capital stock, under the directions of the President and Directors, to be opened until the number of shares subscribed shall be sufficient, in the opinion of a major- Capital stock. ity of the Directors, to commence the business contemplated by this act and each share in said corporation shall be twenty five dollars. President & Directors to be elected. SEC. 3. That the stock, property, affairs and concerns of said corporation shall be managed and conducted by not less than five nor more than seven Directors, one of whom to be President, unless the number of Directors elected shall be less than seven, in which case, the Directors may elect any stockholder to be President, who shall hold their office for one year from the first Tuesday in November in every year; and that the said Directors shall be elected on the first Tuesday of November, in every year, at such time of the day and at such place as a majority of the Directors, for the time being, may appoint; and public notice shall be given by the Directors, not less than thirty days previous to the time of holding such election, by an advertisement to be inserted in at least three public newspapers, one printed in the city of New York, one printed in the city of Louisville, and one printed nearest where the main business of the corporation is conducted; said election shall be made by such stockholders of the corporation as shall attend for that purpose, in their proper persons, or by proxy, and all elections shall be by ballot, each share of stock having one vote; and the persons, not less than five or over seven, who shall have the greatest number of votes at an election shall be Directors; and the said Directors, as soon as may be after their election, shall proceed by ballot, to elect a President, and if any vacancy or vacancies shall, at any time, happen among the Directors elected by the stockholders, by death, resignation, or otherwise, such vacancy or vacancies shall be filled for the remainder of the year in which they may happen, by such person or persons as the remainder of the Directors, for the time being, or a majority of them, shall ap- tory. point. The first Directors shall be Lazarus Powell, William Soper, William G. Taylor, Stephen B. Peet, Livingston G. Taylor, and John S. Chapman, and shall hold their offices until the first Tuesday of November 1838. SEC. 4. That it shall be lawful for the President and Directors of the said 'corporation, or a majority of them, to call and demand of the stockholders, respectively, all such sums, as by them subscribed, in such manner, at such times, and in such proportions, as they shall deem fit, on pain of forfeiture of their shares and all previous payments thereon to said corporation, always, at least, giving thirty days previous notice of such call and demand in the public newspapers to be published as aforesaid. SEC. 5. That in case it should, at any time, happen, that an election of Directors should not be made on the day that, pursuant to this act, it ought to be made, the said corporation shall not, for that cause, be deemed to be dissolved; but it First direc Calls on stock. Election of Directors. 1838. Further powers of Directors. shall and may be lawful to hold such election on such other day, in manner aforesaid, as shall be prescribed by the by-laws and ordinances of the said corporation. SEC. 6. That a majority of the Directors, for the time being, shall form a board, or quorum, for transacting all the business of said corporation; and shall have power to make and prescribe such by-laws, rules and regulations, not repugnant to the constitution and laws of the United States, or of this State, as to them appear needful and proper, touching the management and disposition of the stock, property, estate and effects of said corporation; the duties and conduct of the officers, clerks and servants employed therein; the election of Directors, and all such matters as appertain to the concerns of the institution, and shall have power to employ so many officers, clerks and servants, for carrying on the business of the corporation, with such salaries and allowances as to them shall seem meet. SEC. 7. That no transfer of stock shall be valid or effectual until such transfer shall be made and entered on the book or Transfer of books, to be kept by the President and Directors, or by an officer or officers appointed by them for that purpose. stock. SEC. 8. That the corporation, hereby created, shall not engage in any Banking business or transaction whatsoever, or Corporation in any other business or transaction, excepting such as may not to engage be proper and into effect the declared obto carry necessary in banking. jects of this act. Approved January 16, 1838. CHAP. 577-AN ACT to apply the fines and forfeitures hereafter accruing in Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the fines and forfeitures, directed by the tenth section of an act, entitled, an act to amend the several acts concerning the Columbia College, shall, henceforth, be paid to the order of the county court of Adair, and by said court to be applied to lessening the county levy annually. Approved January 16, 1838. CHAP. 578-AN ACT for the benefit of John D. Martin, of the County of WHEREAS, John D. Martin, in the county of Morroe, on Indian creek, has erected a mill dam, which has backed the water so far up said creek as to make the ford where a neighborhood road crosses the creek, impassable; the same being on the land belonging to said Martin-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said Martin be permitted to change said |