1838. Marshall, Peter Harrison, and other citizens of the county of Mason, have, by voluntary subscription, built an Academy near the town of Lewisburg, in Mason county, and have the same now in successful operation: and, whereas, the said parties, and their associates, desire to be incorporated to the end that they may the better promote the literary purposes for which they have associated themselves SEC. 1. Be it enacted by the General Assembly of the ComCompany in monwealth of Kentucky, That the several persons before corporated. named, together with their associates, who have heretofore subscribed, or shall hereafter subscribe, a sum equal to one or more shares, as hereinafter provided, shall be and are hereby constituted a body politic and corporate, to be known by the name of "the proprietors of the Lewisburg Academy," and by that name shall have perpetual succession, and a common seal, with power to change the same at pleasure. Shares. property. ing. SEC. 2. That the stock in said association shall be divided into shares of ten dollars each, and every person who has heretofore, or shall hereafter, subscribe the sum of ten dollars or upwards, shall be entitled to one share of stock in said association, for each ten dollars he shall have heretofore, or shall hereafter subscribe: provided, that the entire number of shares shall not exceed two hundred. SEC. 3. That the said corporation shall be authorized to acMay hold quire and hold to themselves, and their successors, estate, real, personal and mixed, to an amount not exceeding, at any one time, two thousand dollars in value; and may, from time to time, dispose of the same, or any part thereof; and may acquire other property in lieu thereof, and make a legal transfer of the property so disposed of. SEC. 4. That an annual meeting of said proprietors shall be Annual meet- held, at the Lewisburg Academy, on the first Saturday in April next, and on the first Saturday of April in every succeeding year, unless a different day shall be fixed at an annual meeting of said proprietors, at which a majority of all the shares shall be represented, in which case, the annual meeting shall be held on the day so fixed. Trustees. SEC. 5. That the said proprietors, at the first annual meetElection of ing, shall elect a board of Trustees for said Academy, consisting of nine members, and shall, in like manner, at each subsequent annual meeting, elect a new board of Trustees, either from among the old board or others, at their pleasure; but if, from any cause, an election of other Trustees shall not be made, then the former board are to serve until such election shall be made. General meet ings, and votes on shares. SEC. 6. That a general meeting shall be composed of the proprietors of at least a majority of all the shares, and in voting the following rules shall be observed-the owners of shares, not exceeding four, shall be entitled to one vote for each share; and of more than four shares, one vote for each share as high as four; and one vote for each two shares above four. SEC. 7. That "the proprietors of the Lewisburg Academy" shall be empowered, at their annual meeting, to pass all necessary by-laws for the good government of said Academy, provided that they shall not be contrary to the constitution of the United States, or the laws and constitution of the State of Kentucky. 1838. By-laws. man. Trustees to Powers and SEC. 8. That the Trustees of said Academy shall, at their first meeting after their said election, choose a Chairman to choose a chairpreside over their deliberations; and if he shall be absent at any meeting, a Chairman pro tem shall be appointed. Five members of the board shall constitute a quoram to do business. duties of the They shall hold meetings, from time to time, according to ad- Board. journment, and at such stated times as shall be prescribed by the by-laws. They shall have power to select Teachers, and make contracts with them as to their compensation and price of tuition, and make all necessary rules for the good government of the Academy; and, in general, to do all other things in relation thereto, not inconsistent with the by-laws for the government of said Academy; and may fill all vacancies that may occur before the next election of Trustees; and the Chairman may, at any time, call a meeting of the Trustees for the transaction of special business. May sue and SEC. 9. The said proprietors may sue and be sued, in their corporate name; and in all suits against the said corporation, be sued. service upon the Chairman of the board of Trustees, or if there be no Chairman, or he be absent from the county, then service upon any two members of the board shall be sufficient to enable the court having jurisdiction of the matter, to proceed to a trial of the case. Record to be SEC. 10. There shall be a record kept of the proceedings had at the annnal meetings, and of the by-laws adopted at kept. such meetings. The board of Trustees shall, also, keep a record of their proceedings, and shall appoint a Secretary and Treasurer if they deem it necessary. The Chairman of the board of Trustees shall issue certificates of stock, signed by himself, as Chairman, to all persons who shall have become entitled to a share or shares in said corporation. Approved January 27, 1838. Certificates of stock. CHAP. 636-AN ACT allowing James M. Layman a change of venue. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, upon the calling of the prosecution now pending in the Butler Circuit Court against James M. Layman, at the next term of said court, upon a charge of robbing the mail, it shall be lawful for said Layman to elect to be tried in the county of Edmonson, upon said charge; and upon his making his election to be there tried, the Judge of the Butler Circuit Court shall cause the election and consent, May elect to be tried in the county of Ed monson. 1838. Papers to be transmitted to so made, to be entered on the record of said court: and, thereupon, said court shall have power to take from said Layman a recognizance, with good security, for his appearance at their May give bail. next term of the Edmonson Circuit Court, which recognizance, together with all other papers connected with said prosecution, shall be, forthwith, transmitted to the Clerk of the Edmonson Circuit Court: and, in case the said Layman should fail to give bail for his appearance at the next term of the Edmonson Circuit Court, then the Judge of the Butler Circuit Court shall cause the said Layman to be transferred to the jail of Edmonson county. Edmonson. SEC. 2. That so soon as the papers connected with said prosecution, together with a copy of the order of the court. Edmonson in relation to the consent and choice of said Layman to be circuit court to tried in Edmonson county, shall be filed with the Clerk of the have jurisdic- Circuit Court of said county, then the Circuit. Court of said tion. county shall have full power, jurisdiction and authority, to try said offence as fully as if the same had been committed in said county; and shall have jurisdiction and power to cause an indictment to be preferred against said Layinan, and to issue process for the attendance of witnesses, and to compel their attendance, and to do all other acts in relation thereto, so as to secure a fair trial upon the merits, as are consistent with the rules and principles of criminal proceedings. Approved January 27, 1838. CHAP. 637-AN ACT to amend the act to provide for the improvement of the road from Franklin County to Crab Orchard, in Lincoln County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act, entitled, an act to provide for the improvement of the road from Franklin county to Crab Orchard, in Lincoln county, approved February 22, 1834, be and the same is hereby so amended as to authorize the Board of Internal Improvement for Lincoln county, to erect a toll gate across the road constructed in said county, under the provisions of the above recited act, on the west side of Logan's creek, provided said gate is not erected nearer the town of Stanford than one mile from the court house in said town. Approved January 27, 1838. Certain acts repealed. CHAP. 638-AN ACT to repeal the present Road Law in Greenup County, and to revive all other Road Laws. Be it enacted by the General Assembly of the Commonwealt of Kentucyky, That so much of the act, entitled, an act to amend the law in relation to the opening and repairing the public LAWS OF KENTUCKY. roads in said counties, approved January 29, 1830, and all acts amendatory thereof, so far as the said act of January 29th 1830, and the amendments thereof, are in force in the county of Greenup, shall be and the same are hereby repealed. SEC. 2. That the act, entitled, an act concerning public roads, approved February 25th, 1797, and all subsequent acts and road laws now in force in the State of Kentucky, (except the said act of January 29th, 1830, and acts amending the same,) shall be and the same are hereby revived in the said county of Greenup, and shall, hereafter, have the same effect in said county that they have elsewhere in this Commonwealth; and it thall be the duty of the proper authorities, in said county of Greenup, to cause the public roads in said county to be opened, worked, and kept in repair, under the laws. hereby revived, in like manner as the same would have been done if the act of January 29th, 1830, had never been enacted, or accepted by the County Court of said county. 1838. 93 Certain acts revived. SEC. 3. That all fines and forfeitures heretofore appropria- Fines and forted in aid of the public roads in said county, shall be collec- feitures to be ted, as heretofore, by the Sheriff, deputy Sheriffs, and other paid to Clerk. officers, and be by them paid over to the County Court of said county, or to the Clerk in open court: and, whenever money is paid over as aforesaid, it shall be the duty of the officer paying over the same, to deliver to the court, or Clerk, a list of the fines and forfeitures paid over, together with the names of the persons from whom the same were collected. Approved January 27, 1838. CHAP. 639-AN ACT to add the County of Lincoln to the ninth Judicial SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county of Lincoln be and the same is hereby added to the ninth Judicial District in this Commonwealth, any law to the contrary notwithstanding. SEC. 2. That the Circuit Court of Marion county shall, hereafter, continue twelve juridical days if the business of said court requires it. Approved January 27, 1838. CHAP. 640-AN ACT to change the names of John C. Bucklin, of the City of Be it enacted by the General Assembly of the Commonwealth of SEC. 2. That the name of Chesterfield Dougherty, of Ohio 1 1838. be tried in Caldwell county. CHAP. 641-AN ACT allowing Theophilus Cooksey a change of venue. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon the calling of the indictment now pending in the McCracken Circuit Court, against Theophilus CookMay elect to sey, for the murder of Pierce Jones, at the next term of said court, the said Cooksey shall have the right to elect to be tried upon said indictment in the county of Caldwell; and upon his making his election to be there tried, it shall be the duty of the court to cause the consent and election of said Cooksey to be entered on the records of said court: and the Judge of the entered of re- McCracken Circuit Court shall have power to take, from said Cooksey, a bond or recognizance for his appearance at the next term, thereafter, of the Caldwell Circuit Court. Election to be cord. SEC. 2. That it shall be the duty of the Clerk of the McCracken Circuit Court, to transmit to the Clerk of the CaldDuty of clerk well Circuit Court, the indictment, recognizance, and all other papers connected with said prosecution; and it shall be the duty of the witnesses to attend the Caldwell Circuit Court. of McCracken circuit court. euit court. SEC. 3. That in case the said Cooksey shall elect to be tried in the Caldwell Circuit Court, and so soon as the papers are Power of transmitted to the Clerk of said court, together with a copy Caldwell cir- of the order in relation to the consent and election aforesaid, then the Caldwell Circuit Court shall have full and ample power to take jurisdiction of the offence, and to take all necessary steps for the trial of the same, as fully as though the offence had been committed in said county of Caldwell; and shall have power to compel the attendance of witnesses as fully as if it had entertained original jurisdiction of the of fence. Approved January 27, 1838. CHAP. 642-AN ACT to allow three additional Terms to the County Court of WHEREAS, it is represented to this General Assembly, that the citizens of Montgomery county suffer much inconvenience in consequence of there being held, in said county, only nine courts annually-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, it shall be lawful for County Court to be held in said county on the last Mondays in February, May, and August, of each year. Approved January 27, 1838. CHAP. 643-AN ACT for the benefit of William Doolin's wife and children. WHEREAS, it has been represented to the General Assembly of the Commonwealth of Kentucky, that William Doolin, a |