1872. giving ten days' previous notice thereof to each of them, and take judgment by default, if there is no defense made, for any sum or sums of money collected by the treasurer and not paid over under the provisions of this act. § 18. All acts or parts of acts in conflict with this act are hereby repealed. § 19. This act to take effect from its passage. Approved March 4, 1872. CHAPTER 389. AN ACT to amend the charter of the city of Maysville. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That hereafter it shall be the duty of the collector of taxes for the city of Maysville to make and return his annual list of delinquents to the city council of said city, at its regular annual monthly meeting on the first Thursday in December in each year; and all persons who have been assessed for taxation, and shall not have paid the taxes assessed against him for that year, on or before the said first Thursday in December, and received his receipt from the collector therefor, as required by the charter of said city, shall be ineligible to vote at the next regular annual election for councilmen or other officers of said city; and it shall be the duty of the clerk of said city to make out and furnish the officers of said election, at each of the polls in said city, a copy of said delinquent list, and said officers shall not admit to vote at said election any person whose name shall appear on said delinquent list, or who cannot produce a receipt showing that his taxes were paid on or before such preceding first Thursday in December; and if any collector or clerk shall ante-date any tax receipt, or alter any delinquent list, with the fraudulent intent or corrupt purpose of enabling any person to vote who would not otherwise be entitled to vote, he may be indicted in the circuit court, and fined not less than twenty nor more than one hundred dollars. 2. This act shall be in force and take effect from its passage. Approved March 5, 1872. CHAPTER 390. AN ACT to incorporate the Franklin Academical Institute. WHEREAS, Sundry citizens of the town of Bridgeport, Franklin county, Kentucky, and the vicinity thereof, desirous of establishing a first-class high school, have, for that purpose, united and made arrangements for carrying into successful operation the purpose aforesaid; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Dr. J. Russell Hawkins, Benjamin Exum, Jno. W. Jackson, and John H. Reddish, heretofore chosen as a board of trustees, shall be, and they are hereby, constituted a body-politic and corporate, by the name and style of the "Franklin Academical Institute." 1872. names. style. Trustees Corporate porate seal. Corporate § 2. That the board of trustees aforesaid, and their successors in office, shall have perpetual existence by the name and style aforesaid; shall have power to use a corporate seal, and change and alter the same at pleasure; but it shall not be necessary for the said corporation to May have com procure a corporate seal, but may authenticate its acts by the signature and seal of the president, attested by the secretary; shall have power to receive and hold, for the benefit of said institute, any lands, tenements, heredita- powers. ments, moneys, goods, or choses in action, by gift, donation, devise, contract, or purchase, heretofore or hereafter to be had or made, as the board of trustees may deem necessary for the purposes aforesaid, and may dispose of the same at pleasure; to ratify any contracts heretofore made by the board of trustees; to make any contracts or agreements; to issue the bonds of said corporation in any amount the said board may deen necessary; to sue and be sued in their corporate name; to plead and be inpleaded in any court of law or equity in this State; and to do and perform all such acts as any similar institution is permitted to do or perform Provided, They be not contrary to the laws of this State or of the United States. §3. That the capital stock of said corporation shall not Capital stock. exceed twenty-one thousand dollars, to be divided into shares of fifty dollars each; one thousand dollars of which shall be subscribed before said board of trustees proceed to act under this charter. 4. That books for the subscription of stock shall be opened at such places and at such times as the board of trustees shall direct; three commissioners to be appointed by the board of trustees to open said books, any two of whom may act. The subscribers must enter into an obligation of the following import: "We promise to pay to the Franklin Academical Institute fifty dollars for every share of stock set opposite to our naines, to be paid in May open beaks for subsarig ion of sto 1872. such manner and proportions, and at such times, as may be required of us by the board of trustees of said institute." § 5. That said board of trustees shall have the power to May issue issue, to an amount not over two thirds of the stock subbonds and provide for pay- scribed, coupon bonds of said corporation of five hundred ment of same. dollars each, payable not exceeding twenty years after all taxation. date, bearing interest at the rate of ten per cent. per annum, payable semi-annually, said bonda to be signed by the president and countersigned by the secretary of the board of trustees, and the bonds and coupons to be made payable at the Farmers' Bank of Kentucky in Frankfort, Kentucky; and it shall be the duty of said board of trustees, at the time of issuing any such bonds, to provide the means for creating a sinking fund adequate to redeem said bonds at their maturity. § 6. That any such bonds mentioned in the fifth section Released from of this act as may be issued, as well as any real estate that may be acquired by the corporation herein created, are hereby released and exempted from all State, county, and municipal taxation. § 7. The present board of trustees shall hold their office Election of until the first Monday in January, 1875, at which time, and trustees. annually thereafter, the stockholders shall hold an election for a new board of trustees, at which election each stockholder shall have a vote in proportion to the amount of stock held by him; and the board of trustees now in office, or elected at any such election as aforesaid, shall hold their office until their successors have qualified. § 8. That the board of trustees incorporated by this act Trustees to shall, at their first meeting after its passage, and the board appoint officers of trustees hereafter elected shall, at the first meeting સિલસરી ૧૯૭૧ principal and after their election, or as soon thereafter as may by them be deemed practicable, choose from their body a president, to be styled the "President of the Board of Trustees;" and they shall also appoint a treasurer and secretary, each of which three officers, unless removed by a vote of a majority of said board, shall hold their office for, and during the continuance of, the board by which they were chosen or appointed. Should a vacancy at any time occur in any of the offices aforesaid, or in the board of trustees, by death, resignation, removal from Franklin county, or from any cause whatever, the president shall call a meeting therefor, and said office or vacancy shall be filled by a vote of a majority of the board remaining in office. § 9. That the board of trustees shall have power to May appoint appoint a principal of said institute, and such professors other teachers, and instructors, &c., as may, at any time, be necessary for the instruction of the pupils therein in the arts and sciences, and in all necessary useful and ornamental branches of a thorough and liberal education; and the said board of trustees and their successors shall have power to make such by-laws for the government of their own body, and such rules and regulations for the government and control of the principal, professors, and instructors, and the pupils, as they may deem expedient, and to alter, amend, or annul the same at will. 187,2 Trustees to regulate course § 10. That the board of trustees shall have power to regulate the course of studies, and to confer upon grad- of study. uates of said institute such diplomas, honors, and degrees, as evidences of scholarship, as are usual in the institutions and colleges of this Commonwealth. § 11. That the treasurer hereinbefore mentioned shall give bond, with security to be approved by the board of trustees, for the proper disposition of moneys that may come to his hands, and for the faithful discharge of his duties. Treasurer to give bond. to be consoli § 12. That the common school of the district in which Common school said institute is located shall, at the option of the trustees dated with inof said institute, be taught by the teacher or teachers stitute. thereof under the control of said trustees, according to the provisions of the common school laws of this Commonwealth. All white children residing in said district, who are entitled to the benefits of the common school fund, shall have the privilege of attending the said institute free of charge, for the term prescribed by the common school law of the State, and shall be taught reading, spelling, writing, arithmetic, geography, English grammar, and such other branches as the board of trustees may prescribe; but any or all of said branches may be taught in the departments of said institute in which the cominon school is not taught. § 13. That the said board of trustees may admit pupils within the school ages, from the districts adjoining said in. stitute district, with the consent of a majority of trustees of the said adjoining districts, to be taught in said institute during the term the common school is taught; and the said trustees shall report to the county commissioner, upon oath, the number of said pupils attending said institute; and the commissioner shall pay to the said trustees, at the same time the common school fund is payable to the trustees of the common schools, the pro rata of the common school fund of each pupil attending said institute from the said adjoining districts. sage. 14. This act shall take effect from and after its pas- CHAPTER 391. AN ACT to amend the charter of the city of Covington. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the city council of the city of Covington shall have the power to elect a competent person as gas inspector of said city. § 2. The said city council shall prescribe the duties of said gas inspector, require a suitable bond, and fix the amount of said inspector's compensation by ordinance. §3. Said gas inspector shall hold his office under said appointment of the city council, subject to removal in the discretion of said council, until the first annual election of said city, at which time said inspector shall be elected by the people of said city for the term of one year, in the same manner that other city officers are now elected, and shall hold his office until his successor is qualified. Approved March 5, 1872. CHAPTER 392. AN ACT to amend the charter of the city of Paducab. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section 148 of an act, entitled "An act revising the charter of the city of Paducah," approved February 11th, 1871, be so amended as to read as follows, to-wit: That the common council shall have the power to levy a city tax in each year upon the taxable property of the city for the support and maintenance of the common schools of the city, not exceeding forty-five cents (45) on the one hundred dollars' worth of taxable property for the years 1872, 1873, and 1874, and not exceeding thirty cents (30) on the one hundred dollars' worth of taxable property after the year 1874; and the funds arising therefrom shall be kept by the treasurer of the city distinct and separate from the other funds, and shall be paid over by the treasurer, under the direction of the common council, to the board of trustees of the common schools of the city, to be by them expended for the support and maintenance of common schools of the city; and such portion of the school fund of the city, not necessary for the payment of teachers and necessary expenses of conducting the schools, may be used by the board of trustees of the common schools in the purchase of lots and the erection of suitable buildings for common school purposes: Provided, however, That the taxes levied for the support of common schools shall not be levied upon the property of colored citizens of said |