86 1837. LAWS OF KENTUCKY. tween John Seeders and his wife Mary Seeders, is forever dissolved, so far as respects said Mary; and that she be, and is hereby restored to all the rights and privileges of an unmarried woman. Approved, January 28, 1837. CHAP. 192. AN ACT to amend an act incorporating the Smithland General SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act incorporating the Smithland General Insurance Company, approved, on the 12th day of February, 1836, be, and the same is hereby so amended as to authorize the incorporators of said Company to commence business whenever the sum of fifty thousand dollars shall be subscribed and secured, agreeable to the original act. SEC. 2. Be it further enacted, That the President and Directors of said Company shall be authorized to sell the remaining portion of said stock, being fifty thousand dollars, secured in the same manner as is provided in the original act, at any time after said Company goes into operation. SEC. 3. Be it further enacted, That the President and Directors of said Company shall have power to require the subscribers of stock, in said Company, to renew their notes every twelve months. Approved, January 28, 1837, venue authorized. CHAP. 193.-AN ACT for the benefit of C. W. and A. Thruston, and others. Be it enacted by the General Assembly of the Commonwealth of A change of Kentucky, That it shall be lawful for Charles W. Thruston and Alfred Thruston, and other complainants, in a suit in chancery, now pending in the Boone circuit court, against John Masterson and others, to make application for a third change of venue in said cause, under the laws now in force, notwithstanding the fourth section of the act providing for a change of venue; and said cause may be removed to any of the circuit courts in the third Judicial district. Approved, January 31, 1837, Preamble: CHAP. 194.--AN ACT for the benefit of Robert C. and Lydia M'Chord. WHEREAS, William T. Caldwell, senior, and William T. Caldwell, junior, by their last will, devised to trustees, for the use and benefit of Lydia M'Chord, and her children, certain es LAWS OF KENTUCKY. tate, real and personal, lying and being in this State; and the said Lydia M'Chord has departed this life, leaving two infant children, Kobert C. M'Chord and Lydia M'Chord; and it is believed just and right, and in accordance with the intention of the testators, that in case one of the said children should die under age, that the other should inherit the interest of such decedent-Therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if the said Robert M'Chord, or the said Lydia M'Chord shall die under the age of twenty one years, without issue of their body lawfully begotten, living at the time of such decease, that the survivor, and the lawful issue of the survivor, shall inherit all the right, title and interest which such decedent has or may have in the said estate, derived by the said wills, or may have otherwise acquired in the same; and the increase and profits of the said estate, and the same, shall pass and descend and vest in the said survivor, and the issue of the same. 1837. 87 Shall inherit from each oth er. If both die without issue, the estate to pass to the heirs SEC. 2. Be it further enacted, That should both the said Robert and Lydia M'Chord die under age, and without issue, or without will, then the said estate shall descend and vest in the lawful heirs, by blood of the said Lydia M'Chord, deceas of their mothed: Provided, The provisions of this act shall not be so construed as to effect any interest of John M'Chord, which he may have acquired by the death of his daughter Isabella M'Chord, and his son William M'Chord. Approved, February 1, 1837. er. Proviso. CHAP. 195.-AN ACT for the benefit of Madison Seminary. WHEREAS, It is represented to this General Assembly, that Albert Hilbert, late of Madison county in this State, died seized of a small tract of land lying in said county, and that his title thereto has escheated to the Commonwealth by reason of his dying without heirs; and whereas, said Hilbert died possessed of some personal estate, and without having made or published any last will and testament, and was, at the time of his death; an unmarried man. Preamble. Escheated property vested Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the whole of the said personal estate of said Hilbert, after paying his debts and defraying the ex- in the trustees. penses of the administration of said estate, be, and the same is hereby vested in the trustees of the Madison Seminary; and that all the title in said land: to this Commonwealth, by escheat, be, and the same is hereby vested in said trustees; which land, by sale or otherwise, and proceeds of said personal estate, shall be applied to the use of said Seminary, at the discretion of said trustees; the title of this Commonwealth in said land to vest in. said trustees in the same manner and with the same effect it LAWS OF KENTUCKY. would do, if the title of the Commonwealth thereto had been. ascertained and vested by office found: Provided, That nothing herein contained shall impair or effect the right of the creditors of said Hilbert, and that before said land shall vest in said trustees, and before the personal representatives of said Hilbert pay over to the said trustees, the surplus of said personal estate left after the payment of his debts, they, or some of them, shall execute bond in the Madison county court, payable to the Commonwealth, in an adequate penalty, and with sufficient security, to be approved by said court, with condition to refund the profits and proceeds of said land and personal estate, with legal interest thereon, to the creditors of said Hilbert, in payment of any debts which may thereafter appear against said decedent, or to his heirs or distributees if any shall hereafter appear; nor shall the title of such heirs to said land be impaired or effected by any thing herein contained. SEC. 2. Be it further enacted, That Squire Turner, or such other person as said trustees shall nominate, be, and he is hereby appointed a Commissioner, to sell and convey, by deed, said tract of land; such sale to be made on such terms and conditions, and at such time and place as said trustees shall prescribe; and which deed shall vest in the purchaser the title of said trustees in said land as derived to them under this act, but any sale made by said Commissioner, before the execution of a bond by said trustees, as provided for in the first section of this act, shall be null and void. Approved, February 1, 1837. Company in- corporated. laws, &c. CHAP. 196.-AN ACT to incorporate the Campbellsville Circulating Library. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the stockholders in the Campbellsville Circulating Library in the the county of Green, shall,, on the first Monday in April, one thousand eight hundred and thirty seven, and on the same day in each year thereafter, meet at their Library room, and elect from their number, five Trustees and a Librarian; who shall hold their office one year, or until their successors shall be duly appointed; and said Tustees shall be a body corporate, and by the name and style of the Trustees of the Campbellsville Circulating Library Company, may sue and be sued, plead and be impleaded, in any and all the courts of law and equity of this Commonwealth. SEC. 2. Be it further enacted, That the said Trustees shall have power to pass all necessary by-laws and ordinances for the government, well being and advancement of said Library, not inconsistent with the Constitution of the United States, or of this State, or the laws thereof; they shall have authority to levy a contribution on said stockholders, not to exceed five doltars on each share, in any one year, for the purpose of increas ing the stock of books or other literary appendages of said Library; they shall have power to receive a conveyance, by donation, or purchase any lot of ground within said town, for the erection of a Library room, and contract for the building of the same, and receive, by donation or contribution, funds to defray the expenses thereof; they shall have power to prescribe the mode of the letting out of said books to the several stockholders, either by hire or otherwise, and the length of time that any stockholder shall have the use thereof; and to affix penalties on any stockholder for failing to return any book to said Library, according to the terms prescribed, or for the abuse thereof; they shall prescribe the several duties by which the Librarian shall be governed and directed; they shall have power (if necessary,) to appoint a collecting officer to collect the contributions and penalties they may levy or inflict by distress or otherwise; and said Trustees shall have power to take from said Collector bond and security in such penality as they may fix, payable to themselves, conditioned for the true and faithful collections of all such contributions or fines as shall be placed in his hands for collection, and pay the same over to said Trustees, or to such person or persons as they shall direct, and for a breach of the condition of said bond, they shall have power to move against such delinquent Collector and his securities, either by suit on said bond or motion in the Green circuit court, and said court shall enter judgment against him or them for the amount of any delinquency, together with twenty per cent thereon, and have execution therefor; and the Clerk of said court shall endorse thereon that no security shall be taken: Provided however, That nothing herein shall prevent said Trustees from recovering any contribution or fine aforesaid, by war rant, before a Justice of the Peace. SEC. 3. Be it further enacted, That said Trustees shall have power and authority to elect one of their own body as President of said Board, and he shall have power to call a meeting of said Board at such time as he shall think proper; it shall require a majority of said Trustees to transact business; they may appoint such other subordinate officers as may be found necessary, and prescribe their several duties, and fix the pay and compensation of all their subordinate officers. Approved, February 1, 1837. 1837. To appoint officers, &c. CHAP. 197.--AN ACT to incorporate the Cumberland Female Academy, and for other purposes. Trustees ap and pointed SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John M. Alexander, junior, Harold P. Sauley, Lineus Bowman, Milton King, Daniel Trabue, jun., property vested Thomas Knight and Sutton L. Hunter, be, and they are hereby declared a body politic and corporate; and shall be known by the name of "The Trustees of the Cumberland Female Academy," -1837. and shall have perpetual succession; and the title to the house and lot in the town of Burksville, conveyed by the Bank of the Commonwealth to the Trustees of the Cumberland Seminary, is hereby vested in the said Trustees of the the Cumberland Female Academy, to be used and held as hereinafter directed. SEC. 2. Be it further enacted, That the title to all the Title of cer- lands, rights and credits, heretofore owned by the Trus tain property tees of the Cumberland Academy, or the Justices of the Cumvested in them. berland county court be, and they are hereby vested in the Trustees of the Cumberland Female Academy, saving the rights of all legal purchasers from said Justices or from the Trustees of the Cumberland Academy; and the said Trustees, above incoporated, and their successors, shall have power and authority, to sue and be sued, plead and be impleaded, and sue for and recover all said lands, rights and credits, by this act vested in them, and may sell all or any part of said lands, rights and credits, at their discretion, for the benefit of said Academy. SEC. 3. Be it further enacted, That all the fines and forfeiFines and for- tures, hereafter paid over to the Clerk of the Cumberland counfeltures appli- ty or circuit courts; all such fines and forfeitures as shall here after be imposed by any Judicial Tribunal, in the county of Cumberland, and shall be collected, shall be paid over to the authorized Treasurer of said Trustees hereby incorporated and their successors to be applied to the use and benefit of said Academy; and if any officer, who may collect any fine, shall fail to pay over the same, as above directed, on the the demand of the Treasurer, the same may be recovered by motion before a Justice of the Peace or circuit court of Cumberland, on giving ten days notice to the party delinquent. ed. T 10 i SEC 4. Be it further enacted, That said Trustees shall ap Trustees to point one of their own body President of the Board, and also a appoint officers Treasurer, who shall execute bonds with good security, to the said Trustees, in the penalty of five thousand dollars, said bonds to be renewed annually, with condition to be void if he shall faithfully keep and pay over to the order of said Trustees all money which shall come to his hands belonging to said Acade my; it shall be the duty of said Treasurer to make an aunu! report of the receipts and expenditures of said Academy, and furnish the same to the county court of Cumberland, in each year, at their November term, which shall be there recorded; and it shall be his further duty to keep a record of the proceedings of said Trustees. To fill all vacancies, &c. SEC. 5. Be it further enacted, That said Trustéts' shali have power to fill all vacancies which may occur in their body from any cause whatever; all contracts made by said Trustees shall, to be valid, be concurred in by a majority of Trustees then in office, and all contracts which may be reduced to writing, shall be sufficiently authenticated and binding on the corporation, when signed by the President of the Board of Trustees, and countersigned by the Treasurer; all moneys, bonds &c., which shall come to the hands of the Trustees of |