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SEC. 53. The capital stock of said lateral branch, shall be eighty five thousand dollars, divided into shares of one hundred dollars each: Provided however, That said company shall not be compelled to construct said lateral branch, unless said company, herein appointed for said lateral branch, shall raise, by subscription or otherwise, a sufficient fund to construct said lateral road. Approved, February 8, 1837.

1837.

Capital stock of the lateral branch.

CHAP. 232.--AN ACT declaring Collins' Fork of Goose creek a navigable

stream.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, Collins' fork of Goose creek, shall be, and the same is hereby declared to be a navigable stream, from the mouth of Disappointment creek up to the house of Samuel Jones on said fork in Knox county.

Approved, February 8, 1837.

CHAP. 233.--AN ACT to legitimatize the children of Lewis Duvall, and for other purposes.

WHEREAS, Lewis Duvall has represented to the present General Assembly, that he is the father of the following named children, viz: Pamela, Oliver Perry, William Carrol, Eleanor, Emily, Elizabeth, James Jackson, Lewis Wiley, Samuel Long and Van Buren Wiley, children of Nancy Wiley, and prays that said children's last name be changed from Wiley to his own name, viz: Duvall; and each of them be made capable of inheriting by law-Wherefore,

SEC. I. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the names of said children, known by the name of Wiley, be changed to Duvall, and that their names henceforth be Pamela, Oliver Perry, William Carrol, Eleanor, Emily, Elizabeth, James Jackson, Lewis Wiley, Samuel Long and Van Buren Duvall, and that said last mentioned names be, and they are hereby confirmed, and each and every one of them are legitimatized and made capable of inheritance in law and equity, all the lands and tenements, goods and chattels, rights and credits of the said Lewis Duvall, in as full and ample a manner as if they had been severally born in lawful wedlock.

SEC. 2. Be it further enacted, That George J. Stoveall, son of George Stoveall, of the county of Logan, be, and he is hereby legitimatized, and entitled to all the privileges that he would have been if born in lawful wedlock. Approved, February 8, 1837.

Preamble.

Duvall's chil dren.

Stove all, legitGeorge J. imatized.

1837.

CHAP, 234.--AN ACT for the benefit of Sally Kelly.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Sally Kelly and Thomas Kelly, be, and the same is hereby dissolved, so far as relates to the said Sally; and that she be restored to all the rights and privileges of an unmarried

woman.

Approved, February 8, 1831.

CHAP. 235.--AN ACT authorizing an additional Justice of the Peace and Con-
stable in Clinton county, and an additional Constable in Todd county.

SEC. 1. Be it enacted by the General Assembly of the Common-
wealth of Kentucky, That from and after the passage of this act,
the county of Clinton shall be entitled to one additional Justice
and Constable in said county.

SEC. 2. Be it further enacted, That it shall be lawful for the county court of Todd county, to appoint an additional Constable in said county in the Allensville precinct.

Approved, February 8, 1837.

CHAP. 236.--AN ACT for the benefit of Elizabeth Dougherty.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the marriage contract heretofore existing
between Otho Dougherty, and his wife Elizabeth Dougherty, is
forever dissolved, so far as respects said Elizabeth; who is here-
by restored to all the rights and privileges of an unmarried wo-

man.

Approved, February 8, 1837.

CHAP. 237.-AN ACT for the benefit of Bernetta Dean.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Bernetta Dean, and her husband James R. Dean, is forever dissolved, so far as respects said Bernetta, who is hereby restored to all the rights and privileges of an unmarried woman; and whose name shall hereafter be Bernetta M'Ginnis.

Approved, February 8, 1837.

t

CHAP. 238.-AN ACT for the benefit of Areen Rudd.

Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That the marriage contract heretofore existing be

tween Robert W. Rudd, and his wife Areen Rudd, is forever dissolved, so far as respects said Areen, who is hereby restored to all the rights and privileges of an unmarried woman; and that her name in future shall be Areen Brock.

Approved, February 8, 1837.

1837:

CHAP. 239.--AN ACT for the benefit of Abraham Sallee and Thomas J. Drane.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Abraham Sallee and Sarah T. Sallee his wife, is forever dissolved, so far as respects said Abraham, who is hereby restored to all the rights and privileges of an unmarried man.

SEC. 2. Be it further enacted, That Thomas J. Drane be, and he is hereby dissolved from all the obligations and disabilities, to which he is liable by his intermarriage with his wife Susan Drane; and that said Thomas J. be restored to all the rights and privileges of an unmarried man.

Approved, February 8, 1837.

CHAP. 240.-AN ACT to regulate the terms of the Owen circurt court.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Owen circuit court shall hereafter sit twelve juridical days at each term, should the business of said court require it.

Approved, February 8, 1837,

CHAP. 241.-AN ACT for the benefit of Thomas Wilkins.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing be tween Thomas Wilkins, and his wife Margaret Wilkins, is forever dissolved; and that said Thomas be, and he is hereby restored to all the rights and privileges of an unmarried man. Approved, February 8, 1837.

CHAP. 242.--AN ACT for the benefit of Sally Bell.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Samuel Bell, and his wife Sally Bell, is forever dissolved, so far as respects said Sally, who is hereby restored to all the

1837, rights and privileges of an unmarried woman; and that her name shall hereafter be Sally Fightmaster.

Approved, February 8, 1837.

CHAP. 243.--AN ACT to declare Big Paint a navigable stream.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Big Paint creek be, and the same is hereby declared a navigable stream, from its junction with Sandy river to James Franklin's mill opposite Paintsville.

Approved, February 8, 1837.

trustees.

CHAP. 244.-AN ACT to authorize the citizens of the town of Columbus in the county of Hickman, to elect their Trustees, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the Common"wealth of Kentucky, That it shall and may be lawful for the free Election of white male inhabitants, of the town of Columbus in the county of Hickman, who are bona fide settlers of said town, and of the age of twenty one years and upwards, to meet at some suitable place in said town, on the first Monday in April next, and on the first Monday in April in every year thereafter, and choose by vote, viva voce, five fit persons for Trustees for said town, to serve for one year thereafter, and until their successors shall be duly elected and qualified; and no person shall be eligible to the office of Trustee for said town, unless he shall, at the time of his election, and for the last three months previous thereto, have been a freeholder in said town.

Town clerk.

trustees.

SEC. 2. Be it further enacted, That said Trustees, or a majority of them, shall appoint a town Clerk, who shall continue in office until the election succeeding his appointment, and in like manner each new board of Trustees shall appoint a Clerk to serve for the same term, whose duty it shall be to keep a fair record of the proceedings of the Trustees, and to give public notice, by advertisement in said town, at least twenty days previous to any election for Trustees.

.SEC. 3. Be it further enacted, That should the citizens of said Election of town fail at any time hereafter, to have an election on the day appointed by this act, then and in that case, the Clerk, or a majority of the Trustees may, (by giving ten days previous notice of the time and place,) hold an election for Trustees, which shall be as legal as though it had been holden on the day herein appointed.

By-laws.

SEC. 4. Be it further enacted, That the Trustees of said town, a majority of them concurring therein, shall have full power, from time to time, to pass such by-laws for the government of said town, and the inhabitants thereof, as to them shall seem expedient and right: Provided, They be not contrary to the laws and

1837..

Vacancies fill

constitution of this Commonwealth: and that should the office of
Trustee or Clerk for said town become vacant, by death, remo-
val, resignation, or any other cause whatever, it shall be lawful,
for a majority of the Trustees then remaining in office, to fill ed.
such vacancy, and the person filling such vacancy, shall continue
in office until the next annual election: Provided, That should
any such Trustee, thus appointed, vacate his office previous to
the annual election, such vacancy shall and may be filled as
above directed.

SEC. 5. Be it further enacted, That the Trustees of said town shall have full power to lease or rent the ferry or ferries reserved for the benefit of said town, and shall appropriate the proceeds thereof to the improvement of the streets and alleys thereof: Provided further, That said Trustees shall not be authorized to lease or rent said ferry or ferries for a longer term than one year, at any one time, and said Trustees shall not be permitted to lease or rent said ferry or ferries privately, but the same shall forever hereafter be leased or rented at public auction or outcry, to the highest bidder, taking bond and good security from any person or persons leasing or renting the same, for the amount, payable to the Trustees of the town of Columbus; and said Trustees, or their successors in office, shall have full power to sue for and recover the same, in the name of the Trustees of the town of Columbus, before any tribunal having jurisdiction of like amount.

:

Ferries may

be leased.

Rates of fer

SEC. 6. Be it further enacted, That said Trustees shall have full power to fix the rates of ferriage for the ferries belonging riage. to said town, which shall be published or made known at the time of leasing or renting the same, and the rates thereof shall not be increased nor diminished, during the time for which said ferrry or ferries may have been leased or rented.

Repealing

SEC. 7. Be it further enacted, That so much of any law as authorizes the Governor of this Commonwealth to appoint clause. Trustees for said town, and allows them a compensation, shall be, and the same is hereby repealed.

Former law

SEC. 8. Be it further enacted, That so much of an act, aproved January 25, 1833, as authorized the Trustees of the town repealed. of Columbus to permit John Swayne and Price Edrington to. erect a ware house in the commons of said town, shall be, and the same is hereby repealed.

Approved, February 9, 1837.

CHAP. 245. AN ACT to establish a Seminary of Learning in the Town of

Paducah.

Trustees in

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That David Smith, George Smedley, Robert Enders, Charles C. Russell, John T. Harris, James B. corporated, Husbands, and Valentine Owen, and their successors in office, shall be, and they are hereby constituted and created a body

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