1863. CHAPTER 770. AN ACT for the benefit of the Rough Creek Navigation and Manufac turing Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That section 8th of an act, entitled, " An act to incoporate the Rough Creek Navigation and Manufacturing Company," approved March the 8th, 1856. be so amended as to extend the time, for the completion of one lock and dam between the mouth of said stream and Hartford, to the first day of January, 1865, instead of the first day of January, 1863, as provided in said act; and all the corporate powers and privileges of the said company, as given by said act, are hereby revived. § 2. That an act approved March 2d, 1860, changing the name of said company to the "Rough River Navigation and Manufacturing Company," be and the same is hereby repealed; and all acts heretofore done by the company, under said name, are valid and obligatory, but in future the corporation shall be known under the name and style of "The Rough Creek Navigation and Manufacturing Company." §3. This act shall take effect from its passage. Approved February 4, 1863. CHAPTER 771. AN ACT for the benefit of H. P. Melton, guardian of Josephine Cothes Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That H. P. Melton, guardian for Josephine Cothes, is hereby authorized to purchase and pay for a piano, for the use and benefit of his said ward; and that the receipt for the payment of the same shall be a proper voucher in the settlement of his said ward's estate. § 2. This act shall take effect from its passage. Approved February 4, 1863. CHAPTER 777. AN ACT to incorporate Flemingsburg College. Whereas, it hath been presented to the present General Assembly that the Christian Church, and friends thereof, of the State of Kentucky, have determined upon establishing an extensive seminary of learning in Flemingsburg, Fleming county, to the support of which they are pledged to use their utmost and undivided efforts, and from which no student is to be excluded in consequence of his or her religious opinions, or the religious opinions of his or her parents, relatives or guardians; and that the said seminary of learning shall be conducted upon free, liberal, and enlightened principles; and whereas, the establishment of an institution of this kind within the Sta'e of Kentucky, if conducted upon principles such as are here laid down, will be of great advantage to the citizens of this State by disseminating knowledge and useful literature, as well as to increase their pecuniary advantages-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1863. § 1. That a seminary of learning shall be and the same Name and style is hereby established, in the town of Flemingsburg, and county of Fleming, to be known by the name and style of toes. § 2. That the said trustees and their successors, by the Powers of tras name of "The Trustees of Flemingsburg College," shall be a body politic and incorporate, and as such forever to exist, and are hereby made able and capable in law to have, possess, purchase, receive, enjoy, and retain, hold or dispose of, for the use of said college, lands, tenements, rents, annuities, pensions, and other hereditaments in fee simple, or for a term of years, life, lives, or otherwise, and also money, bonds, bills, notes, goods, chattels, interests, or ef fects, of whatever nature or quality or kind soever, by the gift, bargain, sale, or devise of any person or persons, body politic or corporation capable to make the same; to grant, demise, sell, alien, and confirm, in such manner as they shall judge most conducive to the interest of said institution: Provided, That the rents and profits and proceeds thereof, shall at no time exceed the amount of fifty thousand dollars per annum. 1863. May sue and be sued, &c. elled. §3. That the said trustees, and their successors, by the name and style of "The Trustees of Flemingsburg College," as aforesaid, shall be capable, in law, to sue and be sued, plead and be impleaded, in any court or courts of record, before any judge or judges or justices within this State and elsewhere, in all manner of suits, complaints, pleas, causes, matters, and demands of whatsoever kind, nature, or form they be, and all and every other matter and thing therein to do in as full and effectual a manner as any per son or persons, bodies politic or corporate of like nature within this State may or can do. §4. That in case of death, resignation, or refusal to act Vacancies-how of any of the before named twenty-one trustees, the remaining trustees of said institution shall proceed, at their first meeting thereafter, to fill the vacancy, thus keeping up the full number of twenty-one trustees of said college. And whenever any trustee shall absent himself from three stated semi-annual meetings, without good cause assigned at the fourth, the trustees remaining of said college shall have power to declare his seat vacant, and, upon entering the same upon their minutes, proceed to the election of trustee to fill such vacancy. Oath to be taken, before whom. § 5. That the trustees of the Flemingsburg College, before they enter upon the trust reposed in them, shall severally take the following oath of office, to be administered to them by any justice of Fleming county, or before the county court of the county in which said trustee may re side; and when the affidavit shall be made before a jus tice of the peace the same shall be returned by the trus tee making the oath to the clerk of the county court of Fleming county, to be by him recorded without fee. That is to say, "I do swear or affirm, that I will, to the best of my skill and judgment, faithfully and truly discharge the duties of a trustee of the Flemingsburg college, pursuant to the laws and constitution of Kentucky, the constitution of the United States, and the charter granted by this act, without favor, affection, or partiality. So help me Omeers to be God." And the said trustees shall thereupon have the power to appoint, out of their own body, a president of the board, a treasurer, and a secretary; and the treasurer so appointed, shall give bond with security, in such penalty as the trustees shall think proper, payable to the Commonwealth of Kentucky, for the use of said; which bond shall, by the treasurer and his securities, be acknowledged before the clerk of the Fleming county court, and by him certified and recorded in his office, a copy of which shall be evidence against said treasurer and his securities, their heirs, executors. or administrators, in any suit or motion made against them for a breach thereof, and shall be conditioned for the true and faithful discharge of his duty as a treasurer of said college, and for the safe keeping of all mo appointed, and bend. treasurer to give neys, bonds, notes, deeds, mortgages, trusts, or other property belonging to said college, which shall be put into, or from time to time come to his hands, which bond may be renewed as often as the said trustees may require. And it shall be the duty of said treasurer to receive, and safely keep, all moneys, bonds, notes, obligations, or conveyances of real, personal or mixed property belonging to the said college, and shall not pay out any money belonging to said college unless upon the order of the president, countersigned by the secretary; and for any breach of said bond the said treasurer may be proceeded against before the circuit court of Fleming county, in the same manner as may be lawful against delinquent officers; and the said treasurer shall, moreover, once in every year, and as much oftener as the trustees may require, render to said trustees an account of all moneys in his hands, and all moneys by him paid out, stating particularly from whom received and to whom paid; and in case the said treasurer shall fail or refuse to perform any of the duties required of him by this act, the trustees of said college shall have the power to declare his office vacant, and proceed to the election of a treasurer to fill such vacancy, to whom the former treasurer shall, upon the order of the board, signed and countersigned as aforesai 1, pay and deliver over all moneys and other property in his hands belonging to the said college. And it shall be the duty of the secretary to keep a fair record of all the proceedings and orders of the board of trustees, and at the close of every session lay them before the president for the time being, for his signature; and moreover, to do and perform all and every other act or acts which, by this charter, may be required of him, or which may be necessary for him to do, for the purpose more ef fectually of carrying into execution the powers vested in the trustees of said college. 1863. Duties of secretary. dent. § 6. That it shall be the duty of the president of the Dutles of prest board to preside at the meetings of the trustees, to preserve order, and put the question upon all subjects which shall come before the board for their decision; and also to do and perform such other acts as may be required of him; and in case of his absence, by death, resignation, or refusal to act, the trustees shall proceed to appoint another of their own body to fill the vacancy; and in case his absence is oly temporary to appoint one of their body pro tem. And all votes given at any meeting of said trustees shall be viva voce. Power of trus leer to have § 7. That the said trustees and their successors shall have full power and authority to have, make, and use wal. a common seal, with such devices and inscriptions as they may think proper, and the same to change, break, alter, and renew at pleasure; and shall also, from time to time, and at all times hereafter, forever have full power 1863. president and rustees. and authority to constitute and appoint, in such manner as they may think best and most convenient, a president and necessary and proper professors, tutors, masters, and assist ants for instructing the students and scholars of said college in all the liberal arts and sciences, and in the ancient and modern tongues and languages, who shall be severally styled professors of such arts, sciences, or languages as they shall be nominated and appointed to teach, according to each particular nomination or appointment; and the said president and professors, as constituted and appoint ed from time to time, shall be known and distinguished by the name of The President and Professors of the Flemingsburg College;" and in that name shall be capable of exercising such powers and authorities as the trustees of the said college and their successors shall, by their ordinances, think necessary to delegate to them, for the instruction, discipline, and government thereof, and of all the students, scholars, and officers belonging to the same. 8. That the said trustees and their successors shall Meetings of meet at least twice every year, in stated semi-annual meetings, to be appointed by their own ordinances, and at such other times as by their said ordinances they may direct, in order to examine the progress of the students and scholars in literature, and upon all matters relative to the discipline of the college, and the good and wholesome execution of of their ordinances; in all which examinations, meetings, and determinations a majority of said trustees shall be a quorum; and they shall also have the power and authority, at any of their stated semi-annual meetings, to make, pass, and establish fundamental ordinances not contrary to the constitution or laws of the State, as by them shall be thought necessary for the government of said college, and the instruction of youth aforesaid; and by them to delegate to the president and professors of said college such powers and authorities as they may think best for the standing government of said college, and of the execution of the ordinances and rules of the same; and the same, when made, shall, at any stated semi-annual meeting aforesaid, have power to alter, repeal or annul, as they may think proper; and shall have power and authority to do all things they in their judgment shall think will promote the interest of the said college, consistent with this char-ter, and not repugnant to the constitution and laws of this State or of the United States: Provided, nevertheless, That for the sake of securing perpetual peace and harmony between the board of trustees and the board of president. and professors, all laws, ordinances, rules, and regulations pertaining to the interior regulations and management of the institution shall be subject to the following provision: : the president and professors may suspend any such laws and ordinances made by the board of trustees which they |