Imágenes de página
PDF
ePub

annum forever. Now, therefore, to enable the said Trustees to contract with the said Underwood,

1839

Fund may be

and upon

conditions.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for loaned, whom the Trustees of the town of Bowlinggreen to contract with, to and borrow from, the said Underwood, devisee in trust as what terms and aforesaid, the whole or any part of the fund, held by said Underwood, in trust, under the provisions of the will of the said Craddock. The principal sum, so borrowed, never to be repaid, but interest thereon, at the rate of six per cent. per annum, to be semi-annually paid to the said Underwood, or such persons as he may appoint to receive the same, or for whose appointment he may provide in the manner hereinafter specified.

Contract of

corded.

SEC. 2. That any contract made between the said Underwood and the said Trustees, shall be reduced to writing, signed loan to be in writing and reby the said Underwood and the Trustees, for the time being, and recorded in the Clerk's office of the Warren Circuit Court, upon the acknowledgment thereof, by the contracting parties before the Clerk, or upon the proof of its execution, by two subscribing witnesses-copies of the contract, taken from the records of the Clerk's office, with the official certificate of the Clerk attached, verifying the same, shall be admitted as evidence, in all courts within this Commonwealth, whenever the contract or contents thereof shall come in question; and it shall be lawful for the Judge of said court, from time to time, be recordedwhenever, in his opinion, it may be necessary to have the when & where. contract between said Underwood and said Trustees recorded, so as to preserve perpetual evidence of the contents thereof; and copies from the records, certified as aforesaid, shall be evidence in all courts in this Commenwealth.

Contract to

Contracts to

Trustees may

SEC. 3. That any and all contracts, made by the Trustees. of the town of Bowlinggreen with said Underwood, within be obligatory. the purview of this act, shall be obligatory upon them and their successors in office forever; and the said Trustees shall have, and are hereby vested, with full power and authority to levy a tax, and levy and collect taxes upon the value of the taxable property in said town, and from the titheable inhabitants thereof, to an amount sufficient to pay the interest which may become due, semi-annually, in virtue of any such contract: provided, however, that no tithe shall be taxed higher than $

SEC. 4. That it shall and may be lawful for the Trustees of said town of Bowlinggreen, to purchase two lots of ground, in said town, and to erect on each lot a comfortable brick school house, and other improvements, and to keep the same in repair forever; the one for a male school, and the other for a female school; and the said Trustees may stipulate, in contracting with said Underwood, to allow the use of said lots and houses, forever, to such teachers as the said Underwood, or those who may be appointed by him, or those who may be

for what purpose.

lots

Trustees may erect school houses, &c.

&

1839

appointed in pursuance of the provisions of this act, to dis burse the semi-annual interest, may employ to teach school therein, and to keep said houses and improvements in proper repair; and the said Trustees shall hold said lots, (each of which shall contain half an acre of land,) and the improvements thereon forever, exempt from all manner of taxation, for the use of the teachers and their scholars, and for no other purpose whatever.

SEC. 5. That the Trustees of the town of Bowlinggreen, How money may expend and appropriate the money received and borrowshall be appro- ed from the said Underwood in any manner they may deem most conducive to the interest of the citizens of said town, not forbidden by the Constitution and laws of the land.

priated.

Board of manSEC. 6. That it shall and may be lawful for the said Underagers may be wood to appoint a board of managers, not exceeding four in numappointed, by ber, or to provide for the appointment of such board of manapowers and du- gers, by the Trustees of the town of Bowlinggreen; said mana

whom, their

ties.

to be recorded

gers to have power, whenever said Underwood shall think proper, to relinquish the management of the trust fund, to manage superintend and apply the same in the manner said Underwood may prescribe and direct. It shall be lawful for the said Underwood to prescribe the qualifications which the said managers shall possess, as well as the manner of their appointment, in endless succession, and how vacancies, occurring in How appoint- their body, shall be filled; and that the powers, duties, maned to be made ner of appointment, and entire organization of said board of known, &c. managers, may be fully known, it shall be lawful for the said Underwood to prescribe all needful rules and regulations on the subject, and deliver a copy thereof to the Trustees of the town of Bowlinggreen for record, upon their books, and to Copy of same have a copy of the same recorded in the Clerk's office of the & be evidence, Warren Circuit Court; which rules and regulations, so prescribed, shall govern and control the management and appli cation of the trust fund, or the semi-annual interest, to be paid as aforesaid, until it shall be the pleasure of the General Assembly of the Commonwealth to repeal, change, or modify" the same-power to do which is with the consent of the said Underwood, hereby reserved to the General Assembly; copies of the rules and regulations prescribed by the said Underwood, as herein provided, taken from the records of the Clerk of the Warren Circuit Court, and certified by him officially, shall be evidence in all courts, and other places in this Commonwealth. The Judge of the Warren Circuit Court may, from time to time, have the rules and regulations aforesaid recorded, so as to preserve perpetual evidence of the contents thereof.

&c.

SEC. 7. That the said Underwood shall be absolved from Underwood all liability whatever, for, and on account of, the sums of moabsolved from ney which he, as devisee in trust, may lend to the Trustees of liability, &c. Bowlinggreen, in the manner herein provided, after the same are paid over to them, or their Treasurer; nor shall he be

liable to any chancellor, or other jurisdiction, in case the managers waste or misapply the interest or funds which may come to their hands.

1839

Approved February 8, 1839.

CHAP. 1195.-AN ACT for the benefit of the heirs and representatives of
Robert Branham and John Samuel.

WHEREAS, Robert Branham, in the year eighteen hundred and fourteen, executed a bond to the Commonwealth of Kentucky, with John Samuel as his security, for seventy five stand of arms; and there is reason to believe that said arms were E duly returned-wherefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said bond be cancelled, and the representatives and heirs of said Branham and Samuel, be, and they are hereby released from all liability on said bond.

Approved February 8, 1839.

CHAP. 1196.-AN ACT for the benefit of Mentor A. Shanks and Hannibal Abell.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts issue a warrant on the Treasurer, in favor of Mentor A. Shanks, and Hannibal Abell, of Meade county, for the sum of twenty five dollars and twenty five cents, (being the balance of the actual expense incurred by them, in conveying to the Lunatic Asylum, John W. Simmons, a lunatic,) to be paid out of any money in the Treasury, not otherwise appropriated.

Approved February 8, 1839,

CHAP. 1197.-AN ACT to authorize the Trustees of the Brandenburg Academy to sell and convey a certain lot.

WHEREAS, it is represented to the present General Assembly of the Commonwealth of Kentucky, that the Trustees of the Brandenburg Academy are seized and possessed of certain real estate, to wit: a lot of ground in the town of Brandenburg, supposed to contain two acres, conveyed to the Trustees of said Academy, by Alfred Hoskins, on the second day of May, eighteen hundred and thirty six; which lot of land, the present

1839

Trustees of said Academy desire to sell, and appropriate the proceeds to the improvement of other lots belonging to said Academy, and paying any balance due for said lots-therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the present Board of Trustees, and their successors in office, or a majority of them. be, and they are hereby vested with full power and authority to sell and convey said two acres of land, for the purposes aforesaid.

Approved February 8, 1839.

CHAP. 1198.-AN ACT for the benefit of William Herd.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be, and he is hereby authorized to issue his warrant on the Treasury, in favor of William Herd, for the sum of eighteen dollars, to be paid out of any money in the Treasury not otherwise appropriated.

Approved February 8, 1839.

CHAP. 1199,-AN ACT for the benefit of James W. Bowers, Jailer of Campbell county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be, and he is hereby authorized and required, to issue a warrant on the Treasurer, in favor of James W. Bowers, Jailer of Campbell county, for the sum of forty three dollars and fifty four cents, to be paid out of any money in the Treasury, not otherwise appropriated.

Approved Febuary 8, 1839.

CHAP. 1200.-AN ACT authorizing a toll gate to be erected between Stanford and the Hanging Fork, in Lincoln county, and between the Anderson line and a point five miles towards Harrodsburg.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Board of Internal Improvement in Lincoln county, to erect a toll gate on that part of the road between Stanford and the Hang

ing Fork, at any time before the bridge across said stream is completed; at which gate they may charge and receive the same tolls that are authorized in the charter incorporating said Company.

SEC. 2. That it shall be lawful for the Board of Internal Improvement for Mercer county, to erect a toll gate upon that part of the turnpike road between the Anderson county line and a point five miles on said road toward Harrodsburg, and to receive the same tolls which are allowed by law, until said Board shall complete a bridge on said road: provided, that this act shall continue and be in force for nine months only. Approved February 8, 1839.

1839

CHAP. 1201.-AN ACT for the benefit of the widow and heirs of Michael Chism.

Bill in ch'y

Power & du

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the widow and adult heirs of Michael may be filedChism, deceased, shall be, and they are authorized and em- by whom & for powered to file their bill in chancery, in the Monroe Circuit what purpose. Court, setting forth that the said widow, who, under the will of said Michael Chism, deceased, is entitled to a life estate in the real estate of said Michael Chism, deceased, has made an advantageous sale of said real estate, with a view to investing the proceeds thereof in lands in the State of Missouri, for the benefit of said heirs; and upon said infant heirs being served with process, and answering said bill by their guardian ad litem, provided the allegation of said bill shall be made mani- ty of the court. fest by sufficient proof, it shall and may be lawful for the Judge of said court to require said widow to enter into bond with sufficient surety or sureties, in the penalty of double the amount of the proceeds arising from the sale of said land, conditioned for the faithful investment of said proceeds, in lands in the said State of Missouri; the title whereof shall be taken of sale to be apand held in conformity with the provisions of the will of said plied & vested. Michael Chism; and upon the said bond being entered into, the Judge of said court shall be authorized to appoint a commissioner to convey the title of the said infant heirs to the purchaser, and if practicable, to render a final decree in said case, at the first term of said court, after the filing of the petition by said widow and adult heirs.

Approved February 8, 1839.

How proc❜ds

CHAP. 1202.-AN ACT to amend the several acts incorporating the Henderson,
Madisonville and Hopkinsville Turnpike Road Company.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the further time of two years

« AnteriorContinuar »