1837.

Powers

trustees.

politic and corporate, to be known by the style and name of
the Trustees of the Paducah Seminary, and by that name may
sue and be sued, plead and be impleaded, in any court of law
or equity; and they may make such by-laws, rules and regula-
tions for the government of said Seminary, as they may deem
expedient and proper: Provided, They be not contrary to the
laws and constitution of this Commonwealth.

SEC. 2. Be it further enacted, That the corporation hereby
of created, shall have full power and authority to acquire and hold
by purchase, .devise or otherwise, all such lands, tenements,
hereditaments, money and property, as the Trustees thereof
may, from time to time, think proper to purchase, or such as
may be given, devised or bequeathed to the said corporation,
and the same to dispose of by bargain and sale, or by any other
mode of alienation; and they shall have full power and au-
thority to enforce the collection of any subscription which may
be made to said Seminary for its erection, completion, or any
other purpose appertaining thereto, at such time, and in such
proportions, as they may deem just and proper.

4

SEC. 3. Be it further enacted, That said Trustees shall have President of power to appoint one of their own body as President of their the board, officers and teach-board; they shall also have power to appoint a Treasurer, ers to be ap- Clerk, and such other officers as they may deem necessary and pointed. proper; they shall have power to appoint a principal professor or teacher, and such assistant professors or teachers, as they may deem necessary.

SEC. 4. Be it furter enacted, That it shall not be necessary Corporate seal for said corporation to procure a common seal; all its corpo not necessary rate acts shall be manifested and made known by the signature and name of the President of the board of Trustees of the Paducah Seminary, affixed to the contract or writing executed, or by some entry, minute or memorandum made on the record. of the proceedings of the said corporation, and all contracts, deeds, writings, and conveyances made and entered into in the name of the corporation, and signed by the President in his official capacity, in manner aforesaid, shall be as valid and effectual in law, as if the corporation had a common seal, and the same was affixed in due form to the said contract, deed, writing or conveyance.

Term

Quorum.

SEC. 5. Be it further enacted, That the Trustees hereby apfor pointed, shall continue in office for one year, from and after which trustees the passage of this act, and until their successors are duly elecare appointed. ted; five of said Trustees shall form a quorum to transact any business which said Trustees are hereby authorized to transact, and in the absence of said President, shall have power to ap. President pro point some one as President pro tempore; said Trustees shall keep, or cause to be kept, a fair record of their proceedings, and should the office of Trustee at any time become vacant, from any cause whatever, those remaining in office, a majority concurring therein, shall have full power to fill such vacancy; the citizens of the town of Paducah who are now authorized

tem.

Records.

Vacancies fill

ed.

to vote for Trustees of said town, shall have full power at the same time, and in the same manner, to elect annually, the Trustees of said Seminary, and the Legislature hereby reserves the right, at any time, to alter, amend, or repeal this charter. Approved, February 9, 1837.

1837.

CHAP. 246.-AN ACT for the benefit of the several Turnpike Road Companies in this Commonwealth.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the several companies incorporated May acquire by this Commonwealth for making turnpike roads, shall have and hold land, a right, respectively, acting by their Presidents and Directors, to purchase, acquire title to, and hold to themselves and their successors, one acre of land for each mile that the road may be in length, which has been, or may hereafter be constructed, by the several companies incorporated as aforesaid, which land shall be adjacent to the respective roads constructed or to be constructed by the several incorporated companies, and may lie in as many several parcels or tracts, as the respective Presidents and Directors may think proper.

SEC. 2. Be it further enacted, That the land thus acquired, shall be liable to the same tax as lands held by individuals, and shall be listed for that purpose by the President, for the time being, of the several companies in the county in which the President shall reside, as other lands are; and shall be liable to sale, or so much thereof as may be necessary, if the tax due thereon shall not be paid on demand, by the respective Presidents.

Land taxed.

Preamble.

heretofore acquired confirm

SEC. 3. Be it further enacted, That whereas some small tracts of land have heretofore been purchased and conveyances obtained by certain turnpike companies, in order to secure materials for making or repairing turnpike roads; and whereas doubts exist whether said companies are authorized by existing laws to acquire title to said lands-Be it further enacted, That the titles thus acquired, shall be, and are hereby confirmed: Titles to lands Provided, The quantity of land thus acquired, does not exceed the limitation contained in the first section of this act: And ed. provided further, That the quantity hereafter purchased, including that heretofore purchased, shall not exceed said limitation. SEC. 4. Be it further enacted, That the said companies, by their President and Directors, may at any time hereafter sell May sell lands. and convey the lands heretofore or hereafter purchased, or any part thereof, to the owner of the adjoining land, but shall have no power to sell the same to any other person whatsoever; nor shall they have the power to lay the same off into town lots, or suffer the said lands to be built upon and occupied by a tenant or tenants, except only, that the respective companies may build a toll house, and other necessary buildings upon such tracts as they may acquire, adjoining and including any lot or house

Lands not to

be built on or
occupied
cept by gaté

keepers.

ex

1837.

Proviso.

May

chase quarries.

pur

stone

Lands and materials how condemned.

tend.

now erected, or at the several places at which toll gates have, or may hereafter be erected for the use of the gate keeper, and shall be occupied for that purpose, and no other. And if any tract or parcel of land, acquired under the provisions of this act, shall be built upon and occupied by any other person than a gate keeper of the company, the tract or parcel of land so built upon, and occupied by any other person than the keeper of a toll gate, shall be forfeited and revert to the person from whom the same was purchased, who shall thereby be re-invested with the title which he originally held therein: Provided, That if any tract or parcel of land shall be sold, as herein authorized, the company may purchase as much more land elsewhere, so that the whole quantity held at any one time, shall not exceed the limitation in the first section of this act.

SEC. 5. Be it further enacted, That the President and Directors of any turnpike road company in this Commonwealth shall have power, and they are hereby authorized, on behalf of the company, to purchase stone in the quarry, or other materials, with the privilege of going upon the ground by their agents, to purchase the same, for repairing said turnpike roads, from any person or persons owning the same; and as an equivalent therefor, to authorize the use of the said road, by and for the benefit of the owner or owners of said materials, free from toll, through one or more gates, as may be agreed upon by the parties, and any contracts so made in writing shall be valid in law. SEC. 6. Be it further enacted, That whenever it shall be necessary for the construction of turnpike roads, bridges, or other works of internal improvement, to condemn lands and materials for the construction thereof, it shall be lawful for any constable of the county in which the said lands or materials may lie, to summon the jury, serve any process, and do all and every act which sheriffs are required to do, by virtue of the act entitled,. an act to provide for condemning land and materials for the construction of turnpike roads, bridges, and other works of internal improvement, approved February 22d, 1836; and where a constable performs such services, he shall be entitled to the same fees allowed to sheriffs by the act aforesaid.

Proceedings SEC. 7. Be it further enacted, That where any person shall against jurors be legally summoned as a juror, and fails to attend at the time who fail to at- and place appointed for holding said inquest, it shall be the duty of the sheriff or constable who summoned said juror, to return him to the clerk of the circut court, from whence the process issued, who shall issue a summons against such absentee, to show cause, if any he have, why he shall not be fined for failing to attend agreeably to summons; which process shall be made returnable to the first day of the next term of the circuit court of said county, and directed to the sheriff, who shall summon said absentee or absentees. And if the person so summoned, shall fail to render a good excuse for not attending, agreeably to the summons, it shall be the duty of the court to fine such absentee any sum not exceeding ten dollars and costs,

LAWS OF KENTUCKY.

which fine or fines shall go to the use and benefit of the requiring said jury.

company Approved, February 9, 1837.

139

1837.

CHAP. 247.-AN ACT to amend an act incorporating a Company to make a Turnpike Road from Franklin County to the Crab Orchard, in Lincoln County. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Jeptha Dudley, Adam C. Keenon, Samuel B. Scofield, Jacob Swigert, and Matthew Davidson, be, and they are hereby appointed a Board of Internal Improvement for Franklin county, according to an act to provide for the improvement of the road from Franklin county to the Crab Orchard, in Lincoln county, approved 22d February, 1834, instead of the board therein appointed, a majority of whom have not acted.

SEC. 2. Be it further enacted, That the board hereby appointed, shall have all the powers conferred on the former board by the aforesaid act, and the amendments thereto, and it shall be their duty to proceed forthwith, to procure subscriptions for stock, and to have the road completed as soon as practicable.

Who may

SEC. 3. Be it further enacted, That it shall be lawful for the county court of Franklin, the Trustees of Frankfort, or subscribe. South Frankfort, or the Frankfort Bridge Company, to subscribe for stock in said road, to be raised by said corporations in the usual way such subscriptions are raised, and the further time of nine months is allowed the said board to commence the work.

.

Number

of

SEC. 4. Be it further enacted, That so much of the aforesaid act, approved 22d February, 1834, allowing to the Directors county of Anderson a President and six Directors, be so Anderson. amended as to reduce and allow to said county of Anderson, a President and four Directors only, and that hereafter, at all annual elections, a President and four Directors shall be chosen in the same manner as directed by the original act.

in

Gates to be

SEC. 5. Be it further enacted, That when any five miles of said road shall be completed, so as to allow the erection of a erected. gate, the said President and Directors may contract for, purchase and hold, to them and their successors in office forever, any quantity of land not succeeding five acres, at the site of any toll gate erected upon said road, agreeably to the provisions of the original acts herein; and if they cannot agree for such land at their respective gates, with the owner or owners thereof, then they are hereby authorized to possess themselves of one acre of said land (but no more) at each gate, by applying for a writ, and in all respects proceeding in the same way as directed by said original act, when condemning ground for the bed or foundation of said road: Provided however, That in the selection and appropriation of land under this section,

1837.

the President and Directors shall not include the dwelling house, out houses, garden, yard, orchard, or spring, of any per son or persons whatever.

SEC. 6. Be it further enacted. That the President and DiRates of toll. rectors of the said board shall regulate the rates of toll at the different gates, so that the dividends or net profits shall be equal to six per centum per annum on the amount of the capital stock in said road.

removed.

SEC. 7. Be it further enacted, That if there should be a Gate may be county road established, branching from the turnpike road between the town of Lawrenceburg and the turnpike gate now established at Misner's blacksmith shop, that then the Board of Internal Improvement for said county, may have the power to remove the said gate as near to the town of Lawrenceburg, as the house now occupied by John Rout.

Allowance

made to dis charge debt,

SEC. 8. Be it further enacted, That the sum of three thousand three hundred dollars be appropriated to pay a debt due by the said Board of Internal Improvement for the county of Anderson, to the Bank of Kentucky, which debt, they were authorized to contract by an act of the Legislature, approved February 17, 1836, for the purpose of completing said road, and that the aforesaid sum of three thousand three hundred dollars shall be invested as so much additional stock in said road on behalf of the State; and the Auditor of Public Accounts, upon the application of the President of said board, is hereby directed to issue his warrant upon the Treasurer of this State, for said sum of three thousand three hundred dollars, and the said Treasurer is directed to pay the said sum out of any mo. nies he may have, not otherwise appropriated.

SEC. 9. Be it further enacted, That the ninth section of the Boards of act, appproved February 28th, 1835, entitled, an act to amend Franklin and an act for the improvement of the road from Franklin county Anderson sep- to the Crab Orchard, in Lincoln county, be, and the same is so

arated.

rected.

much modified and amended, that the said Board of Internal Improvement for Franklin county, created by said act, be, and the same is made independent and free from all connection and control of the Board of Internal Improvement for Anderson county; and the said Board of Internal Improvement for Franklin county, shall be, and the same is hereby invested with all the powers and privileges conferred upon it by said act, in conjunction with said Board of Anderson county.

SEC. 10. Be it further enacted, That it shall be lawful for Gate to be e- the said Board of Internal Improvement for Franklin county,. to erect and set up a toll gate at any point of said road within the county of Franklin, when said road shall be completed in said county, and receive for tolls at said gate, in the proportion that three and a half bears to five, agreeably to the rates of toll allowed by the acts of incorporation of said road, from all persons and for their property passing the same, subject to pay toll by said act. Approved, February 9, 1837.