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1861.

chairman.

sentative of such as may be dead, and judgment given for
ten per cent. interest per annum on the whole amount of
recovery from the time of liability till paid, together with
cost, legal and extraordinary; which judgment shall be
enforced as are ordinary judgments in said courts.

§ 6. It shall be the duty of the chairman to preside over Duties of the meetings of the trustees; to superintend the interest of corporation and the school; to call meetings of the board, when requested by two of the trustees, if he approve, or by four if he should not approve.

Trustees made corporate, and

body politic &

their powers.

powers.

§7. That the aforesaid trustees, and their successors, by the name of Combs Academy, shall be, and they are hereby, appointed a body politic and corporate, and by that name shall have perpetual succession, and are hereby made able and capable in law to possess, purchase, receive, hold, or dispose of for the use of said school, lands, tenements, rents, annuities, in fee-simple or for other term; and also money or other personalty, whether in possession or action, of whatever nature, by gift, bargain, sale, or devise of any person or persons, body politic or corporate capable to make the same, and the same to sell, alien, and dispose of in such manner as they shall judge most conducive to the interest of said institution; and shall have power to do all matters and things for the benefit of said institution consistent with this chapter and the law of the land.

§ 8. That said trustees, and their successors, by the Additional name and style 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 justice within this State and elsewhere, in all manner of suits, complaints, causes, matters, and demands, and all and every matter therein to do in as full and effectual a manner as any person or persons, bodies politic or corporate of like nature within this State may or can do.

Quorum.

§ 9. Said board of trustees, and their successors, shall have the superintendence and care of such academy, and other grounds and buildings as they may possess and cause to be erected from time to time, and shall appoint the teachers who are to occupy the same, who may be removed at the pleasure of the board; and shall fix the salaries of the teachers and the amount of tuition fees. They and their successors shall have power to manage the funds and property committed to their care in such manner as they may deem most advantageous to said school, and to make any ordinances, rules, and by-laws, not inconsistent with this chapter or the law of the land. Five trustees shall constitute a quorum to do business; but nothing shall be legal that is not voted for by at least four members.

§ 10. Said board of trustees shall have power, from time

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1861.

May submit

taxation to

collected.

to time, in such manner as they may think proper, to submit, at any August election, to the legal voters of Breathitt and adjoining counties, or any one or more of them, question of whether they will tax themselves in aid of said school; the voters of but no tax thus to be raised shall be for a longer time, by Breathitt co. any one vote, than four years, nor larger amount, in any one year, than ten cents on each one hundred dollars' worth of taxable property, and one dollar on each tithable; which shall be collected by the sheriff or collector of How tax to be county voting to tax itself, who shall give bond in like manner as required for the collection of county levy and State revenue; and said money shall be paid by him to the treasurer of said board of trustees on or before the first day of January of each year next after the taxable list has been put into his hands for collection; and upon failure of said sheriff or collector to pay the same to said treasurer as aforesaid, deducting therefrom all delinquents, said treasurer shall move against him and his sureties before the presiding judge of the Breathitt county quarterly court, which motion may be made without notice, who shall render a judgment against them for all that is due, and ten per cent. damages thereon, with eight per cent. interest on the whole amount till paid; which judgment shall be enforced as are other judgments to be enforced against sheriffs and their sureties for like delinquencies; said sheriff or collector to be allowed for collecting the same eight per cent. For every five hundred dollars of money paid to said treasurer, which has thus been raised by taxation, they shall give continually gratuitous instruction to one student from the county raising it; the manner of dent on certain selecting which to be made known at the time of submitting said vote to the people. No part of the fund thus raised by taxation shall ever be spent, or otherwise made use of, for building or ordinary expenses; but the interest, or other accruing profits on it, may, from time to time, be applied in such manner as said trustees shall judge most advantageous to the interest of said school.

§ 11. That thirty per cent. of all fines and forfeitures, imposed or recovered in all prosecutions for misdemeanors in Breathitt county, be, and the same is hereby, set apart, and shall be paid by the officers collecting or receiving the same to said treasurer in aid of said institution; but if the whole fine cannot be collected, then the pro rata of the amount collected shall be paid in like manner.

Judgment may issue for col

lection of tax.

Instruction be given to stu

terms.

Per cent. of fines and for

feitures in great to said college.

Breathitt co'ty

12. Said board of trustees may sell scholarships in aid May sell scholof said institution, on such terms and conditions as to them arships. shall appear right and proper: Provided, At least two thirds of the whole number agree in the same; and also in like manner let a part or the whole of the funds of said corporation out at interest, good security first being given.

1861.

§ 13. The trustees of Combs Academy shall receive no pay for their services till its funds exceed one hundred compensation thousand dollars.

Trustees; when

allowed.

Board may ex

pel a member

for cause, after

notice.

Repealing and

amending pow

er reserved to

Legislature.

§ 14. Said board of trustees may expel a member, after giving him reasonable notice, for willful neglect of duty or other good cause: Provided, At least two thirds of the whole number concur.

§ 15. Nothing in this act shall be so construed as to prevent the Legislature from altering, amending, or repealing this act at pleasure.

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

Approved October 1, 1861.

CHAPTER 124.

AN ACT to amend the charter of the Woodford Female College. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the charter of the Woodford Female College be so amended as to authorize the elections for officers thereof to be held annually on Saturday after the third Friday in June, instead of the time now authorized by said charter. Approved October 1, 1861.

CHAPTER 125.

AN ACT for the benefit of John W. Hazelrigg, late clerk of the circuit court of Morgan county.

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

§ 1. That the further time of two years be allowed John W. Hazelrigg, late clerk of the Morgan circuit court, to list and collect his unlisted fee bills, subject to all the laws now in force against issuing illegal fee bills.

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

Approved October 1, 1861.

CHAPTER 129.

AN ACT to exempt certain hands in Madison county from working dirt roads, &c., &c.

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

§ 1. That power and authority are hereby given to the county court of Madison to exempt from working on the dirt roads in said county, the hands of stockholders in the

Richmond, Otter Creek, and Boonsborough turnpike road company, living on or near the line of said road, upon their being required annually to do as much labor on said turnpike road, in the repair, improvement, and extension of same, as now required of the hands on the dirt roads to which they may have been assigned.

§ 2. This act to be in force from its passage.

Approved October 1, 1861.

1861.

CHAPTER 130.

AN ACT to amend the charter of the Stanford and Hustonville turnpike road

company.

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

from

exempt working on other roads.

§ 1. That all the stockholders (with their hands) belong- Stockholders ing to said company, and living within one mile of said road, shall hereafter be subject to work on the repairs of said road, and be exempt from working on all other roads. § 2. That the president of said company shall have power President may to call said stockholders, at any time when he thinks holders to work fit to do so, to work on the repairs of said road, first giving on road. them at least three days' notice: Provided, however, That he shall not require the hands to work on said road more than four days in any one year.

upon

call on stock

Failure or re

fusal to work

on road made

finable.

§3. If any stockholder in said company, living within one mile of said road, when notified by the president of said company, shall fail or refuse to attend with the hands belonging to them, prepared with suitable tools to work said road, they shall be liable to the same penalty that is now allowed by law for failure to work on county roads, and recoverable in the same way; and any fines to recov- How fines to be ered shall be applied to the use of said road. § 4. This act to take effect from its passage.

applied.

Approved October 1, 1861.

CHAPTER 131.

AN ACT to establish an additional voting place in Boyle county.

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

§ 1. That there is hereby established, in the county of Boyle, in precinct No. 1, an additional voting place at Parksville, and the voters residing in said precinct may either vote at Parksville or at the place now fixed by law. § 2. This act to take effect from its passage.

Approved October 1, 1861.

1861.

CHAPTER 132.

AN ACT repealing in part the act, entitled "An act to repeal an act incorporating the Lewisport Pond Draining Company," and reviving in part "An act to incorporate the Lewisport Pond Draining Company."

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

§ 1. That an act, entitled "An act to repeal an act incorRepealing and porating the Lewisport Pond Draining Company," approv

reviving cert'in

acts.

lect taxes levi'd by company.

ed February 6, 1861, be, and the same is hereby, amended; and an act, entitled "An act to incorporate the Lewisport Pond Draining Company," approved February 16, 1858, be, and the same is hereby, revived to the extent hereinafter provided.

§ 2. That W. S. Gibbs, late sheriff of Hancock county, Sheriff to col- and his successors in office, shall, by distress or otherwise, as prescribed by the act incorporating said company, proceed to collect all taxes levied by said company which have not been heretofore collected, and shall pay the same over to the treasurer of said company.

poration.

§3. That the president and directors of said company Who settle up shall proceed to settle up the business of said corporation, business of cor- and expend the funds and moneys remaining in the treasury in the same manner they could have done had not said act repealing the act incorporating said company been passed; and the president and directors in office at the time of the passage of said repealing act, are hereby continued in office until the business of said corporation is fully and finally settled up and disposed of, with power to fill vacancies.

Officers to retill affairs are

main in office

attled.

Approved October 1, 1861.

CHAPTER 133.

AN ACT for the benefit of Jacob Corbett, clerk of the Ballard circuit and county courts.

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

§ 1. That it shall be lawful for Jacob Corbett, clerk of the Ballard circuit and county courts, to list with any sheriff or constable of said county, at any time within two years from the passage of this act, his fee bills for collection; in doing which, however, he shall be subject to all penalties and fines now imposed by law upon clerks for issuing or collecting illegal fee bills; and said sheriff or constable shall have power and authority to collect the same by distress or otherwise, any law to the contrary notwithstanding: Provided, however, That his sureties shall enter their written consent to this extension of time in the county court clerk's office of Ballard county, before he

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