1828. Recital. Trustees of town auther ized to sell & convey cer tain streets in the town. patent for said thirty-two acres of land, in the name of said John Gibson, according to the laws now in force in this Commonwealth, upon the production of said plat and certificate, with the assignment of said Thomas Beauchamp, as heir at law aforesaid, to the said John Gibson. Approved, February 1, 1828. CHAP. 63. An act authorizing the sale of certain streets in the town of Russellville. WHEREAS, it is represented to the present General Assembly, that the streets between lots number sixtynine, seventy-five and sixty-eight; seventy-four, sixtyseven, seventy-three and sixty-six; seventy-two, sixtysix, seventy-two, sixty-five, seventy-five, in Hubbard Sanders' addition to the town of Russellville, are entirely useless and not kept open, and that Joseph Gray is owner of said lots, and is willing the streets between them be sold: Therefore, Be it enacted by the General Assembly of the Common wealth of Kentucky, That the Clerk of the trustees for the town of Russellville, do expose to sale on the premises, for cash in hand, the streets aforesaid, hav ing first advertised the same in the "Weekly Messen. ger," printed in Russellville, twenty days previous to said sale, and that said Clerk convey the same to the purchaser or purchasers, and pay over the purchase money to the Treasurer of the trustees of said town, after deducting the cost of sale, &c. Approved, February 1, 1828. CHAP. 64.-An act for the benefit of Susan W. Owen. Be it enacted by the General Assembly of the Common wealth of Kentucky, That Susan W. Owen is hereby divorced from her husband Robert Owen, and she is restored to all the privileges of an unmarried woman. Approved, February 1, 1828. CHAP. 65. An act declaring Beaver creek a navigable stream. SEC. 1. Be it enacted by the General Assembly of the Creek declar- Commonwealth of Kentucky, That Beaver creek, in ed navigable. Barren county, be, and the same is hereby declared a navigable stream, from the mouth of the south fork to Big Barren river. SEC. 2. Be it further enacted, That any person who may hereafter erect a mill-dam across Beaver creek as aforesaid, on that part hereby declared navigable, shall be required to construct a slope thereto, so as to afford convenient and safe navigation. 1828. Person to construct slopes to dams. SEC. 3. Be it further enacted, That no obstructions County Court shall be wantonly thrown into said stream, and the of Barren auCounty Court of Barren county are hereby author- thorized to reized to order the removal of any obstructions in said tions placed stream, mills and mill dams only excepted. Approved, February 1, 1828. CHAP. 66. An act to change the August terms of the Henry, move obstruc therein. SEC. 1. Be it enacted by the General Assembly of Henry court Aug. term of the Commonwealth of Kentucky, That hereafter the when to be August term of the Henry County Court shall be held held. annually, on the second Monday in said month. Aug. terms of SEC. 2. Be it further enacted, That the August Ohio& Hardin term of the Ohio and Hardin County Courts shall be courts when held on the second Monday in said month. to be held. SEC. 3. Be it further enacted, That hereafter the Circuit Court Circuit Court for Lewis county shall commence on of Lewis c'ty. the second Mondays in April, July and October, in when to be each and shall continue at each term six juridi- held. year, cal days, if the business thereof shall require it; and all process, recognizances or other proceeding which shall have been made returnable to said court at its next March term, or continued to that term, shall be returnable and continued to the April term, as herein provided for, and every thing shall stand and be considered at the term of April, as herein provided for, as though the same were the March term as heretofore. Approved, February 1, 1828. CHAP. 67.-An act for the benefit of Robert Patterson. WHEREAS, it is represented to the General Assembly, that an act approved twelfth January, one thousand eight hundred and twenty-five, authorizing and directing the Register of the land office, to issue a 1828. patent to said Robert Patterson for a fractional quar ter section of land, and the above recited act made it the duty of said Patterson to produce to said Register satisfactory evidence of said quarter section which he had settled and improved one month before the time appointed by law for the sales of the public lands west of the Tennessee, the said Patterson having, on account of sickness and affliction, failed to produce the evidence within the time precribed by said act: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Robert Patterson be, and he is hereby allowed the further time of three months to produce said evidence, whereupon the Register shall be authorized and is hereby directed to issue a patent for said fractional quarter section of land as directed by the said recited act. Approved, February 1, 1828. Stockholders to elect an a CHAP. 68.-An act to authorize the stockholders of the late Independent Banks to elect agents to close the concerns of said Banks, and for other purposes. SEC: 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the stockholders of any of the late Independent Banks of this State, shall gent to close be authorized to meet on the first Monday of April next, the concerns. at their old banking house or some other place, as the late Presidents or Cashiers may direct, to elect an agent to close the business of said Banks, and at said election each stockholder shall have one vote for each share he may own in said Banks. Notice of the time & place of holding s'd election. Suits may be instituted by or against s'd agent, &c. SEC. 2. Be it further enacted, That it shall be the duty of the late Presidents of said Banks, or in case of the death or removal of any of the said Presidents the late Cashiers of said Banks to cause a notice to be given of at least three weeks in some newspaper, of the time and place of meeting, as provided in the first section of this act, and it shall be competent for such of the stockholders as attend to proceed to the election of an agent for the purposes aforesaid, and a majority of all the votes given at said election shall be sufficient to constitute an agent. SEC. 3. Be it further enacted, That the agent thus elected shall have full power and authority to wind up the concerns of said Banks, and to that end shall be authorized to collect all debts due the same, by 1828. the institution of suits therefor, either at law or in equity, in his own name; or may, at his option, submit all matters of controversy to arbitration, or compromise the same as may seem best for the interests of the stockholders; and any person or persons having right of action against the said corporations,may sue or assert the same against such agent in his fiduciary character, and should said agent die, resign or refuse to act, or in case of the failure, from any cause whatever, to elect an agent at the time herein prescribed, then the said Presidents or Cashiers, as the case may be, may proceed to advertise for another or other meetings of the stockholders, and proceed to hold another election of agent, and until such agent shall be chosen, the President and Directors and stockholders of the several Independent Banks, shall Suits may be be liable to be sued as heretofore; and it shall be brought as heretofore, it lawful for any person desiring to sue such President no agent is and Directors or stockholders or agents, as the case appointed. may be, to include as many several notes of said Banks in one suit as he may think proper; and where the whole amount of notes thus included, shall exceed the sum of fifty dollars, the several Circuit Courts shall entertain jurisdiction of such suit and grant relief either at law or in chancery, according to the circumstances of the case. SEC. 4. Be it further enacted, That the property, both real and personal, belonging to said institution, Property vestshall be vested in the agent elected, in pursuance of for the purthis act, for the purpose of making sale thereof for pose of sale, the benefit of the stockholders; and it shall be the paying debts, duty of said agent, as soon as he can do so, consistent- and distributing proceeds ly with the interest of the institution and that of its of sale among creditors, to make sale of said property,and shall ap stockholders. ply the proceeds to the payment of the debts of the institution, and pay over the balance if any remain, to the stockholders in just proportion, after retaining his commission and just expenses; and the said agent shall have full power and authority to make title to, and convey all property by him sold as aforesaid. elected. SEC. 5. Be it further enacted, That it shall be the duty of the said agent to collect all sums due, or Duties of the which shall become due the said institution, and shall agent when apply the same as directed in the fourth section of this act, in relation to the proceeds of the sales of property belonging to the institution; and to enable the said Commissioner to perform the duties herein 1828. Elections of agents to be conducted by directed, he is hereby authorized to call upon, and to receive from the person having the custody thereof, all the books, accounts, notes, obligations and property of every description belonging to said institution. SEC. 6. Be it further enacted, That the said Presidents or Cashiers, as the case may be, shall preside at the election of an agent to be chosen in pursuance of the provisions of this act, and shall keep a correct account of the votes given at said election, and make a return thereof to the County Court of the county where such Bank was located, with a certificate acCertificate of companying the same, certifying who was elected; all of which shall be recorded by said Clerk, and the to the County said record, or a copy thereof, shall be considered as Court. legal evidence of the appointment of said agent in pursuance of the provisions of this act. the late Presidents or Cashiers. elections to be returned Compensa tion to the agent for his services. Agents to give bond and se curity. Conditions thereof. Act of 1827, concerning the Bank of pealed. SEC. 7. Be it further enacted, That the said agent shall receive such compensation for his services as shall be agreed upon by the stockholders at the time he is elected; Provided the same shall not exceed five per cent upon all sums collected and paid over, besides all reasonable contingent expenses. SEC. 8. Be it further enacted, That the said agent, before he proceeds to fulfil the duties herein directed, shall enter into bond before their several County Courts, with two or more good and sufficient securities, to be approved by said Courts, payable to the. Commonwealth of Kentucky, in the penal sum of twenty thousand dollars, conditioned that he shall faithfully discharge the duties of agent as aforesaid; and it shall and may be lawful for any person or persons to bring suit on said bond, in the name of the Commonwealth for the use of such person or persons, and at his or their proper costs. SEC. 9. Be it further enacted, That an act to authorize the stockholders of the Bank of Limestone to elect an agent or Commissioner," approved January Limestone,re- 10th, 1827, shall be and the same is hereby repealed. SEC. 10. Be it further enacted, That the several Two years al- agents hereby appointed, shall have two years to lowed to wind wind up the concerns of said Bank, but nothing hereup and close in contained shall prevent the prosecution of any suit of said banks. against him, after six months from the time of his election or qualification; and the Commissioners appointed by the General Assembly of the Farmers and Mechanics' Bank of Logan, shall have the further time of two years to wind up said Bank. the concerns Approved, February 4, 1828. |