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1829.

fifty cents for each day they are actually employed in viewing and marking said road, to be levied by the several county courts in which they reside, and paid out of the county levy, rateably, to the extent of said road in each county.

[Approved, January 15, 1829.]

may renew their bonds.

CHAP. 58.-An ACT for the benefit of certain clerks and surveyors

BE it enacted by the General Assembly of the CommonCertain clerks wealth of Kentucky, That all clerks of courts and surand surveyors veyors of counties, who shall have failed within the time prescribed by law to renew their bonds, shall have the further time of six months, from the passage of this act, within which to renew their bonds respectively: Provided, however, that all bonds executed in virtue of this act, shall have a condition therein, stipulating that all duties required by law in their respective offices, have been duly, performed since the expiration of their former bonds.

[Approved, January 15, 1829.]

Preamble.

CHAP. 59. An ACT for the benefit of John E. M'Danieħ

WHEREAS it is represented to the present General Assembly, that John E. M'Daniel of the county of Bath and town of Owingsville, purchased a certain lot of ground lying on second main street, near the extreme east end of the town aforesaid, of a Mr. John Williams, for a valuable consideration, on which stands some valuable buildings, in one of which said M'Daniel now resides. On examining the lines of the street aforesaid, it is ascertained that a part of the dwelling house of said M'Daniel, stands on the street aforesaid; and it is further represented, that the said John E. M'Daniel is the proper owner of the land or lots on both sides of said street, and it would tend greatly to his prejudice and injury to move his building off said street; and it is further represented, that the man from whom he purchased the lot aforesaid, is entirely insolvent, and not able to refund to the said M'Daniel, should he recover any thing of him for the fraud practised on him: For remedy whereof.

Be it enacted by the General Assembly of the Com- 1829. monwealth of Kentucky, That the trustees of the town

of Owingsville, are hereby authorized and directed to Trustees of make to John E. M'Daniel, a good and sufficient title Owingsville may convey to to that part of the second main street that his buildings M'Daniel part cover, with this condition; that the said John E. M- of a street." Daniel shall make to the trustees aforesaid, a good and sufficient title to as much ground on the opposite side of said street, as will, in the opinion of the said trustees, be sufficient to keep the street of proper width and admit free passage.

[Approved, January 15, 1829 1

CHAP. 60.-An ACT to incorporate the Trustees of the Baptist
Education Society.

SEC. 1. BE it enacted by the General Assembly of the Names of the Commonwealth of Kentucky, That Alva Woods, Silas trustees. M. Noel, W. H. Richardson, Jeremiah Vardeman, John Bryce, David Thurman, Gabriel Slaughter, Joel Scott, Peter Mason, Thomas P. Dudley, Peter C. Buck, Jephthah Dudley, Benjamin Taylor, George W. Nuckols, Ryland T. Dillard, Benjamin Davis, William Johnson, Samuel M'Kay, Thomas Smith, C. Van Buskirk, James Ford, George Waller, Guerdon Gates and Cyrus Wingate, shall be, and are hereby constituted a body politic and corporate, to be known and designated by the name and style of "The Trustees of the Kentucky Baptist Education Society," and by that name shall have perpetual succession, and a common seal, with power to change andjalter the same at pleasure; and as a body corporate, shall be authorised to exercise all the powers, privileges and rights And their pow which are exercised by the trustees of any Academy of learning in this State; but that the property of said corporation shall be subject to taxation, except the college buildings and five acres of ground around the same; and on the death, resignation or other disqualification of any of the said trustees, or their successors in office, a majority of two thirds of the trustees remaining in office, may fill such vacancy or vacancies; and the person or persons so appointed, shall be vested with the same powers and privileges as those named in this act; and by the name, style and denomination of "The Trustees of the Kentucky Baptist Education Society," may sue and be sued, plead and be impleaded, defend and be defended, in any court of law or equity in this State.

ers.

1829.

vey property.

Sec. 2. Be it further enacted, That it shall and may be lawful for the said trustees, and their successors in May receive, office, and they are hereby invested with full power hold and con- and authority, in their corporate capacity, to purchase or receive by donation, demise or bequest, any lands, tenements, hereditaments, moneys, rents, goods and chattels, and to hold the same by the name aforesaid, to them and their successors forever, for the use and benefit of said institution and according to the intention of the donor or donors of any such lands, tenements, bereditaments, moneys, rents, goods and chattels, and not otherwise, and to sell, transfer and convey the same under the seal of said corporation, unless prohibited by the terms of any such donation.

man and make

Sec. 3. Be it further enacted, That it shall and may Trustees to ap- be lawful for the trustees aforesaid and their succespoint a chair- sors in office, to appoint out of their own body a chairman or president; and the said president and a majorby-laws and appoint profes- ity of the trustees shall, at all times, constitute a quosora, &c. rum to do business, and shall have power to meet at such times and places as they may select for the transaction of business, and may make such by laws, rules and ordinances necessary for the proper government of said institution, as shall not be repugnant to the constitution and laws of the United States or laws of this State. The said president and trustees shall also have power, at all times, to select and appoint such officers, teachers, tutors and professors for the management of said institution, as they may think necessary; to fix their salaries and prescribe their duties; to fix and prescribe the terms upon which students may be admitted into said institution, and for any misconduct in any officer, teacher, tutor or professor, to dismiss such person from office, and appoint another or others in their stead.

cord of their

proceedings.

Sec. 4. The said president and trustees shall keep To keep a re- a record of their proceedings, in a book or books to be provided for that purpose, and may, if they deem it necessary, appoint a clerk to record their proceedings and prescribe his duties. It shall be the duty of the said president and trustees, and their successors, to Names of the have recorded in the office of the county court of the recorded in the county where the said institution may be located, the names of the trustees thereof, hereby appointed, and the names of such as shall hereafter be appointed in their stead.

trustees to be

office of the

county court,

Sec. 5. Be it further enacted, That within sixty days from the passage of this act, the trustees aforesaid

shall meet in Lexington, and enter upon the duties assigned them by this act, not less than a majority of two thirds being competent thereto: Provided, however, that the real and personal estate acquired by the said corporation shall at no one time exceed the yearly rent or 'ed. value of fifty thousand dollars.

1829.

Estate of cor

poration limit

Sec. 6. Be it further enacted, That full power is re- This charter served to the General Assembly to repeal or modify may be repealthe privileges hereby granted.

[Approved, January 15, 1829.]

ed.

CHAP. 61.-An ACT for the improvement of the public roads in
Harlan county.

court

SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the Register to is land office be, and is hereby directed to issue, without sue patents to fee, ten thousand acres of Kentucky land office treasu- of Harlan for County ry warrants, in the name of the county court of Har- land. lan county, which said warrants are to be appropriated by the county court for the improvement of the road

from Cumberland ford to Harlan court-house, and to The object of the Virginia State line, and up the Poor fork of Cum- said grant.

berland river.

Sec. 2. The county court shall appoint three com- Commissioners missioners, whose duty it shall be to superintend the to be appointimprovement of said road; and they shall have the ed. power of employing persons to labor on said road, at such time and in such manner as they may direct, paying them therefor in land warrants.

Sec. 3. Whenever a survey shall be made on any of Register may the aforesaid land warrants, by the surveyor of Harlan issue patent in county, and the same shall be certified by the clerk in name of priopen court, to be for the benefit of any person to be vate individual named in the certificate, the Register shall issue a pa

tent in the name of the person for whose benefit it shall be so certified.

Sec. 4. The commissioners shall, for every day they Pay of said shall be necessarily engaged in the discharge of their commissioners. duties, receive therefor the sum of fifty cents, which shall be paid them in land warrants hereby appropria ted; and before they enter on the discharge of their duties, they shall take an oath before some acting jus

tice of the peace for the said county of Harlan, that To take okth. they will faithfully discharge the duties of their afore said office.

H

1829.

Patents how located.

Sec. 5. No survey shall be inade on any of the land warrants hereby appropriated, except on vacant and unappropriated lands in the county of Harlan.

[Approved, January 16, 1829.]

CHAP. 62-An ACT to repeal the third section of an act entitled, "an act for the regulation of the town of New-Market, in Washington county," approved February 11, 1823.

BE t enacted by the General Assembly of the Commonwealth of Kentucky, That the third section of an act entitled, "an act for the regulation of the town of New-Market, in Washington county," approved 11th February 1828, be, and the same is hereby repealed. [Approved, January 16, 1829.]

CHAP. 63.--An ACT for the benefit of the Securities of Charles
Morebead, late Sheriff of Logan county.

WHEREAS it is represented to the General Assembly of the Commonwealth of Kentucky, that Charles Morehead, late sheriff of Logan county, hath departed this life, in consequence of which the collection of the revenue tax of said county has been somewhat retarded, and a part thereof not paid into the treasury in the time required by law: Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the securities of the said Charles Morehead, late sheriff of Logan county, be and they are hereby allowed until the first day of March next, to pay the balance of the revenue due from said sheriff, into the treasury.

[Approved, January 16, 1829.]

Preamble.

CHAP. 64.-An ACT for the benefit of the Sheriffs of Scott and
Barren counties.

WHEREAS the deputy sheriffs of Scott county, from a misapprehension of the law in relation to the form in which a list of delinquents should be made out, omitted to have their delinquent lists allowed for the years 1825 and 1826:

SEC. 1. Be it therefore enacted by the General Assembly of the Commonwealth of Kentucky, That the deputy sheriffs of Scott, be and they are hereby allowed the further

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