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1860.

Officers to ar

persons.

§ 27. It shall be the duty of all peace officers and policemen to arrest all disorderly or drunken persons and take rest disorderly, them before the police court, to be dealt with according to law: Provided, That when any drunken or disorderly person is arrested in the night time, the officer making the arrest may commit him to the county jail, or work-house, or watch-house, until the next morning, when he shall be carried before the police judge or court, to be dealt with according to law; and the jailer of Mercer county is hereby directed to receive such persons, when arrested and in custody of such officer, in the night time, without an order of commitment.

§ 28. The officer executing any process requiring bail, Officers may shall have authority to take the bail.

take bail.

§ 29. In the absence of the police judge from town, the Chairman of chairman of the board of trustees of said town shall have trustees to act the same authority and power that said judge has.

in absence of police judge.

Appeals.

§ 30. In all cases, civil and penal, where the judgment, exclusive of costs, is twenty dollars or more, either party may appeal to the circuit court: Provided, Said appeal is taken and a copy of the record filed in said court within sixty days from the rendition of the judgment: And provided further, That the party, except where the Commonwealth is appellant, files a bond, as now required by law. § 31. Section 8 of the act to which this is an amendment, Sec. 8 of act to is hereby so amended as to insert after the words, "some an amendment newspaper of the town for two months, by successive weekly publications," the words, or by the service of a written copy of the order, signed by the chairman of the board of trustees and attested by the clerk, upon the parties to be affected thereby."

which this is

amended.

assess tax to

§ 32. The board of trustees shall have power to assess a Trustees may tax, not exceeding twenty cents, on every one hundred dollars of the taxable property of said town. They shall have power to allow the marshal, in addition to his regular fees, such compensation as to them may be proper.

pay town.

debts of

§ 33. Said board shall have power to sell and convey, or Trustees may lease or close up, any of the alleys or parts of alleys in said close up streets town, with the consent of a majority of the qualified voters thereof.

sell, convey, &

in said town.

§ 34. The present officers of said town shall continue in office and perform all the duties required under this act until their successors are elected and qualified, as provided by law.

§ 35. This act shall not be construed to repeal any portion of the act to which this is an amendment, except those portions which conflict with this amendment.

§36. This act shall be in force from its passage.

Approved January 12, 1860.

CHAPTER 34.

AN ACT for the benefit of the Clerk of the Louisville Chancery Court. Be it enacted by the General Assembly of the Commonwealth' of Kentucky:

§ 1, That the clerk of the Louisville chancery court shall cause to be made, in the names of plaintiffs and defendants, cross-indexes or alphabets to all the causes in said court, from its organization up to the present time.

§ 2. That when said indexes or alphabets shall have been made and approved of by the order of the chancellor of said court, he shall make a reasonable allowance therefor, to be paid by the city of Louisville and county of Jefferson, as follows: eleven sixteenths by the city of Louisville, and five sixteenths by the county of Jefferson. Approved January 12, 1860.

1860.

CHAPTER 35.

AN ACT for the benefit of the Clerk of the Lincoln Circuit Court.

WHEREAS, It appears that Lincoln county is one of the oldest counties in this State, and that a general cross-index to the judgments of the Lincoln circuit court is absolutely necessary; therefore,

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

§ 1. That the clerk of the Lincoln circuit court forthwith provide the necessary books for making out the same.

§ 2. That the clerk of the Lincoln circuit court be, and he is hereby, required to make out and complete said general cross-index to the judgments of said court; and the county court is required to make such orders of allowance therefor, payable out of the county levy, as the Lincoln circuit court may make and certify, upon having the same valued by two commissioners, appointed and sworn by said circuit court for that purpose.

Approved January 12, 1860.

CHAPTER 37.

AN ACT for the benefit of I. E. Johnson, late Sheriff of Rowan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That I. E. Johnson, late sheriff of Rowan county, be, and he is hereby, allowed the further time of two years, from and after the passage of this act, to collect all taxes

1860.

and county levies from delinquents, muster fines and fee bills in his hands; and he is hereby authorized and empowered to distrain for and collect the same, any law to the contrary notwithstanding, subject to the same rules and regulations that sheriffs are governed by.

Approved January 12, 1860.

1

names.

Name and style, and cor

porate powers.

CHAPTER 39.1

AN ACT to incorporate the Board of Education of the Kentucky Annual Conference of the Methodist Episcopal Church, South.

WHEREAS, The Kentucky Conference of the Methodist Episcopal church, South, have resolved to form an educational fund, and establish a college for the promotion of literature, science, morality, and religion, within the limits of said conference; and having, in fact, secured the sum of fifty-seven thousand dollars in cash and in good and reliable notes, and located an institution at Millersburg, Bourbon county, which is now ready for occupancy; now, in order to give full and complete legal effect thereto,

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

§ 1. That the Rev. W. C. Dandy, Rev. Daniel Stevenson, Corporators' Rev. John H. Linn, Rev. John W. Cunningham, Rev. John C. Harrison, Rev. Robert Hines, David Thornton, Moreau Brown, Hiram Shaw, B. P. Tevis, William Nunn, and A. G. Stitt, and their successors in office, be, and they are hereby, constituted a body politic and corporate, by the name and style of the Board of Education of the Kentucky Conference of the Methodist Episcopal Church, South, with the right and power of exercising, all and singular, the privileges, incidents, and capacities of corporations aggregate; to sue and be sued, implead and be impleaded, grant or receive, contract or be contracted with, and do and perform all other proper and necessary acts and things as natural persons; to purchase and hold lands or other real estate and personal property, as the educational fund of said conference; to have and use a common seal, and change the same at pleasure; to appoint an executive committee of its own body, or of other persons members of said church; to take charge of college buildings and grounds, with such other powers as may be granted by the board of education, and within the provisions of this act of incorporation; to make by-laws and ordinances for the proper conduct and government of said college: Provided, Said by-laws and ordinances shall not be inconsistent with the constitution and statutes of the State; to elect or appoint a president and such professors, who shall compose the faculty of said college, as they may think proper, and

any teachers or assistants that they may think fit; to establish, change, or abolish professorships, as the exigencies or interests of the college may require; to fix the salaries of professors and teachers; and to do and perform all other acts necessary or expedient in sustaining said fund, and for the proper conduct of said college, so as to render them. successful in accomplishing the great object of their establishment, subject to the confirmation of the conference.

§ 2. That the members of this board, to be hereafter appointed, shall be elected by the Kentucky Conference of the Methodist Episcopal Church, South, at its annual sessions, in the following manner, to-wit: The board shall be divided into three sections, each section composed of an equal number of ministers and laymen. One section shall go out of office at each annual session of the conference. The order in which the sections of the present board shall be retired, shall be determined by lot among themselves. Each section shall continue in office until their successors are duly appointed and prepared to enter on the discharge of their duties. The said conference may, at their pleasure, change the number of the board; but there shall never be less than twelve or more than eighteen. A majority of the board shall constitute a quorum for the transaction of business: Provided, Such official notice of time and place has been given as the board may direct. In the event of a vacancy in the board of education, by death or. resignation, the same may at any time be filled by the remainder of the board, at any meeting of the same. The board shall meet at the time of commencement of the college at Millersburg, and at such other times as the board may determine.

1860.

Board of edu

to conference.

§3. That the board of education shall report their acts annually to the conference, and make a full exhibit of the cation to report amount of funds in their hands, the manner of investment, and a list of disbursements, &c.

Treasurer to

§ 4. That the treasurer of said educational fund, who shall be a member of the board of education, shall give give bond. bond and security to the president of the board for twice. the amount of funds placed in his hands.

How money paid into treas

vested.

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§ 5. That the money paid into the hands of the treasurer, as the educational fund, shall be invested in Kentucky ury to be inState bonds, county bonds, or safe and profitable stocks, as the judgment of the board may determine, except the amount necessary to pay for the present college building. The principal of the invested fund shall never be used for any purpose whatever, and the interest thereon applied to the support of the faculty, and to no other purpose.

per

§ 6. That the board may hold property, real and sonal, to the amount of three hundred thousand dollars. 32

May hold real estate.

..1860.

Faculty may

§ 7. That the faculty of said college shall have authority to confer degrees, as they may think just and proper, and confer degrees. to make all such needful rules and regulations in regard to the conduct of the pupils and to the course of exercise and instruction that they may deem best; subject, however, at all times to the control of the board of education, who may reject, revoke, modify, or change the same, as they may think proper.

§ 8. That the property and estate, real and personal, held Property ex- and owned by the board of education under this act, shall empt from tax- be free and exempt from taxation, whether the same be for State, county, or corporation purposes.

When college

may be opened.

§ 9. When the educational fund shall amount to one hundred thousand dollars, paid in and invested, then, in that event, all receipts of said college in tuition fees, over and above contingent expenses, shall be added to the principal of said fund.

$10. That said college shall not be opened for the reception of students until at least forty thousand dollars of the educational fund, in addition to the cost of the building, has been collected and invested.

§ 11. That "An act to incorporate the Millersburg Male and Female Collegiate Institute," approved February 16, 1858, be, and is hereby, repealed.

§ 12. That this act shall take effect from its passage; but the Legislature reserves the right to amend or repeal the same.

Approved January 12, 1860.

CHAPTER 41.

AN ACT for the benefit of the sheriff of Spencer county.

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

§ 1. That the sheriff of Spencer county may have time until the 1st of April, 1860, to collect and pay in the revenue of said county for the year 1859; and no action shall be maintained against the legal representative or sureties of George R. Kurtz, late sheriff of said county, for his failure to collect and pay in said revenue.

§ 2. This act to take effect from its

passage.

Approved January 12, 1860.

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