may find to operate injuriously, until a meeting of the board shall take place; but it shall be the duty of the president of the institution, immediately, to give the president or secretary of the board of trustees notice thereof in writing, stating the law or ordinance, rule or regulation thus suspended, and the cause of such suspension; and it shall be the duty of the president, or, in his absence, of the secretary of the board of trustees, to call a meeting of said trustees so soon as they can be conveniently assembled, and when so assembled, said trustees shall decide whether or not the ordinance, rule, or regulation, thus suspended, shall be executed or shall stand suspended until the stated seni-annual meeting. 1383. Trustees may admit gratuit 9. That the said trustees and their successors are authorized, so far as their funds may warrant, to adinit gra- ously. tuitously, in whole or in part, as their re pective cases may require, such person or persons as they may think proper; and that the trustees are authorized to receive subscriptions, donations, and bequests, either in money, personal, real, or mixed property, as a fund to meet the expen litures required in the support of said institution, or in effecting this benevolent purpose, and to take such measures as they conceive proper to augnent said fand. Public exami nations to be § 10. That for the purpose of animating and encouraging the students of said institution to a laudable diligence, held. industry, and progress in useful literature and science, the said trustees and their successors shall have full power and authority, once in every year, or oftener as they by an ordinance shall direct, to hold public commencements in the presence of the president and professors, and in the presence of as many gentlenen of liberal education and others as may choose to attend; prior to which time they shall cause all the students in the said institution to be carefully examined by the president and professors of said institution on the several branches of learning which they have respectively studied, that the fidelity of the teachers and the diligence of their pupils may appear. § 11. That the money, goods, and other property belonging to said college, in the State of Kentucky, shall be forever free and exempt from public taxation of every kind whatever. $12. That this charter and act of incorporation, and every part thereof, shall be good and available in all things in the law, according to the true intent and meaning thereof, and shall be construed, reputed, and adjudged in all cases most favorable in the behalf of said trustees and their successors, so as nost effectually to answer the end of this corporation, toward the general a Ivancement and promotion of useful knowledge, science, and virtue. Property exempt from tax ution. 1863. 13. That the Legislature, at all times hereafter, reserve to themselves the power to change or repeal the charter hereby granted. Approved February 4, 1863, names and cor porate powers. CHAPTER 778. AN ACT to incorporate the Vanceburg Male and Female School. Whereas, a number of persons in Lewis county, Kentucky, have associated themselves together for the purpose of establishing a male and female school, in the town of Vanceburg, and have subscribed money for the purchase of land and erection of buildings suitable for that purpose, and have elected William C. Halbert. Thomas D. Parker, George M. Thomas, Thomas H. Thomas, John C. Ingram as trustees to manage and conduct the same-therefore, to legalize said association, and to promote its objects, Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That William C. Halbert, Thomas D. Parker, Geo. Corporators M. Thomas, Thomas H. Thomas, and John C. Ingram, and their successors, be and they are hereby constituted a body corporate, under the name and style of the Vanceburg Male and Female School;" and by that name they shall have perpetual succession, with power to adopt and use a common seal, and change the same at pleasure, to make contracts for the benefit of said school; to sue and be sued; to receive and hold such real and personal property as may be donated to the school or purchased for its use; to appoint teachers; to confer literary degrees, and to make such by-laws, rules, and regulations as, in their judg ment, may be necessary for the successful management of the school, and to admit such pupils as they may think voted. best. § 2. The stock subscribed for the purchase of land, erecStock, and how tion of buildings, and making all necessary improvements, shall be divided into shares of ten dollars each; and each stockholder shall be entitled to one vote for each share so subscribed, in electing trustees, &c. and subscribers and stoc holders can vote by written proxy. holders to be entered in book. § 3. The names of the stockholders, with the amount of Names of stock their stock, shall be entered in a book kept for that pur pose, by the secretary; and no stock shall be transferred from one person to another, except the transfer be made upon said book. Officers. 4 The officers of this association shall consist of five trustees, who shall appoint a president, secretary, and a treasurer. § 5. The board of trustees shall be elected by the stockholders, and shall serve five years, except as provided in section six; and each trustee shall have one vote. 1863. When trusters elected. into three class es. § 6. Immediately after the first election, the trustees shall Trustees divid'd assemble, and shall be divided into three classes, of two in the first and second class, and one in the third; and of these the first class shall serve one year, the second class three years, and the third class five years: Provided, That the functions of the trustees now in office shall continue as if they had been elected under this act, for one year from the first day of September, 1862. When trustos §7. The stockholders shall meet together on the first Saturday in July, 1863, for the purpose of electing a full to be elected. board of trustees under this act. and annually thereafter on the corresponding day of that month; but if, at any time, a majority of the stockholders shall not appear at such meeting, then the vacancies shall be filled by the board of trustees; and vacancies created by death, resignation, or removal, shall be filled by the board of trustees. §8. The president of the board of trustees, the secretary, and treasurer, shall hold office for two years; but any of said officers shall be removable by a two-third vote of the trustees. 9. It shall be the duty of the president of the board of trustees to keep the buildings insured and repaired, and properly inclosed, laid out into suitable play-grounds and walks, and properly set out in shade trees and other necessary improvements § 10. All real estate purchased by this association shall be vested in the trustees and their successors, and shall be forever held for the purposes of education, and shall never be diverted to any other purpose or use. § 11. The president of the board of trustees, or any three trustees, shall have power to call the stockholders together whenever they may consider it necessary. § 12. This association shall have all the power necessary to enable them to build up and carry on a high school in Vanceburg, Kentucky. with power to sue and be sued, plead or be impleaded in any of the courts of this Commonwealth § 13. This act shall take effect from its passage. Approved February 4, 1863. Term of ofos. Buildings to be insured, &c. Real estate vested in trustees. Called meet ings. 1863. CHAPTER 779. AN ACT to amend the 7th section of an act, entitled, "An act to es tablish a levy and county court for Jefferson county," approved Feb. ruary 25th, 1854. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That justices of the peace in Jefferson county shall have exclusive jurisdiction, within said county, of motions upon bonds provided for in sections 720 and 721 in the Civil Code of Practice, where the property does not exceed in value fifty dollars. § 2. This act shall take affect from its passage. Approved February 4, 1863. CHAPTER 781. AN ACT concerning the office of the sheriff of Marion county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall not be any part of the official duty of the sheriff of Marion county to collect any portion of the tax that may be laid from time to time, by the county court of said county, to pay the subscription of stock or interest on the same due from said county to the Louisville and Nashville railroad company. Said sheriff may be appointed collector of said tax by the county court, and if said appointment be accepted the sheriff shall, as collector of said railroad tax, execute a bond, as now required by the charter of said company, and acts amendatory thereof; and the said sheriff and his securities in said bond, as collector, shall be responsible for the faithful collection and proper payment of said tax by said sheriff as required by law; and the securities of said sheriff, on his official bonds as sheriff, shall not, in any way, be responsible for his acts or omissions as collector of said railroad tax. § 2. That should the sheriff refuse to accept the office of collector of tax the county court may appoint any other person collector of said tax, who shall have power to collect in the same manner as sheriffs of this Commonwealth, and shall be required to give bond in the same manner as the sheriff. §3. This act to take effect from its passage. CHAPTER 782. AN ACT providing for the payment of a judgment of Martin Looker, & Co., against the Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the sum of three hundred dollars be paid to the administrator or surviving partners of Martin Looker, late of the city of Louisville, in full satisfaction of a judgment recovered by them against the Commonwealth in the Louisville chancery court, for over payment of tax on billiard license, out of any money in the treasury not otherwise appropriated. 2. This act to take effect from its passage. Approved February 4, 1863. 1863. CHAPTER 783. AN ACT to amend an act, entitled, an act to regulate the town of Falmouth, approved February, 1836. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of the 2d section of the act aforesaid, as provides that, to constitute an election of the trustees of said town three-fourths of those entitled to vote residents within said town shall have voted; and so much as provides that, if within three days the requisite number of votes cast, the incumbent shall remain in office until their successors are elected, be and are hereby repealed, and that hereafter, to constitute an election of trustees of said town, a majority of those entitled to vote, residents within said town, shall have voted; and if such majority do not vote within three days now prescribed by law that those six voted for as trustees having the largest number of votes cast shall be the six trustees for the ensuing year: Provided, that if a majority of those entitled to vote shall have voted on the first day of the election the judges of the election shall close the same at the hour of 5 o'clock in the af ternoon, and declare the six voted for as trustees having the largest number of votes duly elected for the ensuing year. §2. This act shall take effect from and after its passage. Approved February 4, 1863. 57 |