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1863.

CHAPTER 871.

AN ACT for the benefit of John H. Allison, late sheriff of Lawrence county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That it shall and may be lawful for John H. Allison, late sheriff of the county of Lawrence, to return to the Auditor's office the delinquent list of $40 95 placed in the hands of his predecessor, John W. Haws, and allow the said Allison credit therefor--the said Allison not having received said list whilst acting as sheriff, although the same has been charged to him by the Auditor; and if the same has been paid into the treasury by said Allison the Auditor will return the same to him.

§ 2. The Auditor shall relist the said delinquent list with the proper officer for collection.

§ 3. This act shall take effect from and after its passage. Approved February 21, 1863.

CHAPTER 872.

AN ACT for the benefit of M. W. Galloway, late sheriff of the county

Be it enacted by the of Kentucky:

of Graves.

General Assembly of the Commonwealth

§ 1. That the further time of two years, from and after the passage of this act, shall be and the same are hereby given to M. W. Galloway, late sheriff of the county of Graves, in which to collect the arrearages of public revenue and county levy in said county for the year 1860; he shall have power and authority to distrain for the same, he and the sureties in his official bond being liable for illegal distress as in other cases.

§ 2. This act shall take effect from and after its passage. Approved February 21, 1863.

CHAPTER 873.

AN ACT for the benefit of the Oregon turnpike road company. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the president and directors of the Oregon turnpike company, in Mercer county, are authorized to make an assignment of all its rights, privileges, franchises, and property for the use and benefit of all its creditors. The assignment shall be signed by the president, and recorded in the clerk's office of the Mercer county court. It shal

take effect from the time it is acknowledged before said clerk, and lodged there for record; Provided, Said assignment shall not effect any existing lien upon the said assigned effects.

§ 2. That all suits brought to enforce said assignment shall be governed by the third, fourth, fifth, and seventh sections of an act, entitled, "an act to prevent fraudulent assignments in trust for creditors, and other fraudulent conveyances," approved 10th March, 1856.

3. That any purchaser of said road, or of its franchises, shall keep said road for the public travel, and perform all the duties of "an act authorizing the construction of a turnpike road from the town of Oregon, on the Kentucky river, to the Louisville and Crab Orchard road," approved 1st March, 1848.

§ 4. This act shall take effect from its passage.

Approved February 21, 1863.

1863.

CHAPTER 874.

AN ACT for the benefit of R. R. Bolling.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the further time of two years, from and after the passage of this act, is allowed R. R. Bolling, late clerk of the court of appeals, to collect his unpaid fee-bills; and during the time aforesaid may distrain therefor, under the same restrictions, and subject to all the penalties, now prescribed by law for issuing and collecting illegal fee-bills. § 2. This act shall take effect from its passage.

Approved February 21, 1863.

CHAPTER 875.

AN ACT to establish an office for the recording of deeds and mortga ges at Newport.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That hereafter it shall be the duty of the clerk of the Campbell county court to record, at his office in the city of Newport, in suitable books to be procured for that purpose, all deeds and mortgages for the conveyance of real estate situated within the corporate limits of said city, or within the limits of the first magistrates' district in the county of Campbell, and outside of said city; and such records are hereby declared to be public, and shall have the ame effect in all respects whatever, and for every purpose,

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1863.

as the records of deeds and mortgages at Alexandria, in said county, now have under the existing laws of this Commonwealth. Deeds of trust, assignments, and mortgages of personal property shall be, in like manner, if the property conveyed be at the time situated within the territory aforesaid, recorded in the office of said clerk at Newport; and such recording shall also have the same effect, for every purpose, as the recording of such instrument at Alexandria now as by law.

§ 2. That in all cases where the real estate conveyed by any deed or mortgage is situated partly within the territo ry aforesaid, and partly within the county of Campbell outside of said territory, the conveyance shall not be recorded at Newport, unless the greater part of such real estate lies within the aforesaid limits, but shall be recorded as heretofore required by law.

§3. That from an after the first day of May, 1863, it shall not be lawful to record any deed or other instrument at Alexandria which, according to the first section of this act, is required to be recorded at Newport; and the recording of such an instrument at Alexandria shall be null and void and of no effect whatever.

§ 4. That certified copies of conveyances recorded at Newport, as herein provided, shall be used as evidence in all courts and places whatsoever in this Commonwealth, and shall be entitled to the same faith and credit as alike copies from the offices of the several county court clerks now have by law.

§ 5. This act shall take effect from and after its passage. Approved February 21, 1863.

CHAPTER 876.

AN ACT for the benefit of the collector of revenue, &c., for 1861, in the county of Barren.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the collector of the revenue and county levy for the county of Barren, for the year 1861, be and he is hereby allowed until the third Monday in April, 1863, to make out and return an additional delinquent list in the collection of the said revenue and county levy: Provided however, That no allowance shall be made for the delinquen cy of any tax payer unless the court shall be satified that said tax could not, by reasonable diligence, have been collected by said collector within the time prescribed by law. §2. This act to take effect from and after its passage. Approved February 21, 1863.

CHAPTER 877.

AN ACT for the benefit of R. 8. Huey.

Whereas, at the December term, 1860, of the Floyd circuit court, there was no sheriff; the judge of said court appointed R. S. Huey special sheriff to attend to the calls of the court; said Huey was engaged ten days in the service aforesaid, and was allowed therefor by the court thirty dollars, which was certified to the Auditor of Public Accounts for payment; the Auditor refused to pay the claim, because there was no provision of law authorizing the same-for remedy whereof,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Auditor of Public Accounts draw his warrant upon the treasury in favor of R. S. Huey, for the sum of twenty dollars, payable out of any moneys not otherwise appropriated.

§2. This act shall take effect from its passage.

Approved February 21, 1863.

1863.

CHAPTER 878.

AN ACT to incorporate a Hotel Company in the city of Lexington, to be called the Dudley House.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That a body politic and corporate, in the city of Lexington, be hereby created, to be styled the "Dudley House," with a capital of one hundred and fifty thousand dollars, divided into shares of fifty dollars each, with the power of contracting and being contracted with, of suing and being sued, and the usual powers incident to corporations.

§2. That said company shall be authorized to purchase and hold land in the city of Lexington, not exceeding ten acres, and erect in said city the necessary and proper buildings for a hotel; and to hold such personal property as may be proper in the management and conducting of such hotel, and the same to sell and dispose of at any time, and make other purchases.

Corporate style stock.

and capital

May purchase buildings.

land and erect

voted.

§ 3. That the fiscal and other prudential concerns of Stock, and how said company, and the management and control of its property, shall be vested in a president and four managers, elected by the stockholders on the first Monday in August, in each year after the first election, each share giving to the stockholder one vote, provided no stockholder shall have more than fifty votes.

1863.
May lease

rooms.

Names of commissioners, and when meeting of stockholders may be called.

How stock payable.

§ 3. That said company may appropriate or lease out any of the rooms in the buildings of such hotel for stores or other purposes.

§ 5. That Joseph Wingate, John B. Tilford, M. C. Johnson, Hiram Shaw, O. P. Beard, Jacob Hughes, and William B. Kinkead, be appointed commissioners, and they, or any two of them, may at any time, in five years, open books for the subscription of stock in said company; and whenever the subscriptions amount to thirty thousand dollars, such commissioners or any two of them may, by a notice published two weeks in a newspaper of Lexington, call a meeting of the stockholders to elect a president and four managers, and upon such election being made, this act shall go into effect.

6. The stock shall be payable at such time and in such amounts as the president and managers may prescribe. § 7. The president and managers may cause the books How long books of subscription to be continued open until the whole amount of stock is subscribed, or may sell and dispose of the same.

may be continu

ed open.

City of Lexing stock on certain

ton may take

conditions.

§ 8. That the mayor and councilmen of the city of Lexington may subscribe, in the name and on behalf of said city, for any number of shares not exceeding two thous and, of the capital stock of said company: Provided, That before said subscription shall be binding on said city, the mayor and councilmen shall submit the question to the qualified voters of said city, first giving at least ten days notice in a newspaper of Lexington; and if a majority of the legal voters of said city shall, by their votes, approve the subscription so made by the mayor and councilmen, the same shall be binding on said city; in which event the mayor and councilmen may issue the bonds of said city, in any sum not exceeding one hundred thousand dollars, for a period not exceeding twenty years, payable at the city of New York, or at any other place fixed on by them, to bear interest at the rate of six per cent. per annum, payable annually or semi-annually as they may determine; which bonds shall be signed by the mayor and attested by their clerk, to which shall be affixed the seal of the corporation of said city; and the mayor and councilmen shall have the power to sell and dispose of said bonds as they may deem best for the interest of said city, in order to enable them to pay for such stock as they may have subscribed; or they may obtain money on the credit of the city, for the purpose of paying said subscription, and may raise, by special tax on the taxable property of said city, the amount requisite to pay the calls on said stock, on the borrowed money and interest, (as the case may be,) or may pay the same out of the general funds of the city.

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