may make, revise, alter, or annul such rules, orders, by-laws, and regulations, for the government of said corporation, its agents, officers and servants, as they, or a majority of them, from time to time, shall deem expedient: Provided, That no such rule or by-law shall be inconsistent with the laws of the state or with this act. 1836 to be stock SEC. 7. In all elections, each share shall entitle the President &c. owner to one vote; none but a stockholder shall be holders. eligible as a president or director; and every president or director shall vacate his office by ceasing to be a stockholder; and in all elections the stockholders may vote in person or by proxy; and said president and directors shall receive such compensation as shall be allowed them by the stockholders at their general Stock transmeeting. The stock in said company shall be assign- personal able only on the books of said company, and shall to tate. all intents and purposes be considered personal estate. ferable Dividends. and es SEC. 8. It shall require three directors, or the pres- A quorum. ident and two directors, to form a board for the transaction of business. Said board shall, from time to time, make such dividends arising from the rents and property of the corporation as they may think just and proper; and it shall be lawful for them to effect their properinsurance on their hotel, or any other house or prop- ty. erty that may belong to said corporation. May insure SEC. 9. To carry into effect this corporation, Tho- Subscription mas Porter, Dorsey K. Stockton, L. W. Andrews, of stock. Wm. Botts, and Joseph C. Belt, are appointed commissioners, who, or a majority of whom, shall, on the first Monday in May next, open books for the subscription of stock in said corporation, at the store of Thomas Porter, in the town of Flemingsburg, and such other places as they may choose; which books shall be kept open until the whole of said stock shall be subscribed; and when it shall appear that fifty shares or more shall be taken, the stockholders who have so subscribed for shares, shall meet in the town of Flemingsburg, on a day designated by said com- First election. missioners, and under their supervision, or a majority of them, proceed to elect a president and four directors, to serve until their successors shall be duly elected under the provisions of this act. And the president and directors so elected shall meet on some convenient day thereafter, to be appointed by them, and organize their board by the appointment of a secretary, who shall keep a record of the proceedings of Secretary. 1836 Treasurer. the board; and by the appointment of a treasurer, from whom they shall take a bond for the faithful discharge of his duties, both of whom shall be removable at the pleasure of the board. SEC. 10. It shall be lawful for said president and Calls on stock. directors to make such call or calls, from time to time, on such stock as they may require to complete said hotel, which calls shall be paid to the treasurer of the company; and if any stockholder shall fail to pay such call or calls, it shall be lawful for the president and directors to forfeit, for the use of the corporation, the sum or sums which may have been paid on said shares: Provided, That no call shall be made without giving two weeks public notice of the time of payment: And provided moreover, That after the full amount of each share shall have been paid, the board shall not have a right to make any further calls without the consent of a majority of the stockholders. SEC. 11. It shall be lawful for the president and Additional directors to open their books at such time, and in such way, as they may think proper, for further subscriptions of stock, not exceeding in all four hundred shares. stock. process. Bound by contracts not un der seal. SEC. 12. In all suits instituted against this corporaService of tion, service of process on the president and secretary shall entitle the plaintiff to judgment by default at the first term, if they shall fail to appear and answer to said suit: and it shall not be necessary to show a contract under the seal of the corporation to maintain suit against them; but on the contrary, said corporation shall be bound by written contract signed by the president and attested by the secretary, or by any written or parol contract, expressed or implied, which may be made by any of their agents or superintendents in the name of said corporation: Provided, Such written or parol contracts shall be within the fair meaning of the power or authority delegated to such agent or superintendent: Provided, The legislature reserves to itself the right to modify said corporation at pleasure: And provided further, That the term of five years is given said corporation to carry into effect the objects contemplated by this charter: Provided further, That said company shall not be authorized to deal in lands or estate for any other purposes than that of constructing and conducting of the business connected with and necessary to the furtherance of the improvement and enjoyment Proviso. of the privileges hereby granted, and to the management of said springs as a watering place. 1836 Approved, February 25, 1836. CHAP. 286.-AN ACT for the benefit of James M'Dowell, Jr. of Whereas, it is represented to this general assembly, that James M'Dowell, Jr. of Rockbridge county, in the state of Virginia, listed with the auditor for the payment of taxes, a certain tract of land, described "as lying on Huston's fork of Licking, in Bourbon county, containing twelve hundred and fifty acres, second rate land, entered and patented in the name of James M'Dowell," which tract of land was, on the first day of November, one thousand eight hundred and twenty-four stricken off by the auditor as forfeited to the state for the non-payment of the taxes thereon, during the years eighteen hundred and twenty-one, and eighteen hundred and twenty-two, and eighteen hundred and twenty-three, when in truth said taxes had been regularly paid to the sheriff of Bourbon, by said James M'Dowell, Jr. then a resident of said county, and by him paid into the public treasury. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said forfeiture of said tract of land, shall be, and the same is hereby remitted to the said James M'Dowell, Jr. Approved, February 25, 1836. CHAP. 287.-AN ACT for the benefit of William Parker and SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William Parker of Edmonson county, be, and he is hereby restored to all the rights and privileges of an unmarried man. SEC. 2. Be it further enacted, That John Hall of Montgomery county, be, and he is hereby restored to all the rights and privileges of a single man, or an unmarried man. Approved, February 25, 1836, 1836 CHAP. 288-AN ACT for the Divorce of Eliza Brown. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Eliza Brown and her husband William Brown, be, and the same is hereby dissolved, so far as relates to the said Eliza, and that she be restored to all the rights and privileges of an unmarried woman. Approved, February 25, 1836. CHAP 289.-AN ACT for the benefit of Lucy Stears. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore entered into between Lucy Stears and James Stears, be dissolved, and held null and void, so far as it regards the said Lucy Stears, and that she be restored to all the rights and privileges of a feme sole. Approved, February 25, 1836. CHAP. 290.-AN ACT for the benefit of William Green of Har lan county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of one hundred dollars be, and the same is hereby allowed William Green of Harlan county, for his expenses and trouble in apprehending and bringing from the state of Indiana, Samuel Bridewell, a fugitive from justice in the state of Kentucky, who was indicted in the Harlan circuit court for felony. SEC. 2. That the said sum of one hundred dollars shall be paid out of any money in the treasury not otherwise appropriated; and the auditor of public accounts shall issue his warrant on the treasurer for the same in favor of the said Green, payable to him or his order. Approved, February 25, 1836. CHAP. 291.-AN ACT to establish the College of Physicians of the city of Lexington. 1836 Corporate SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That to promote powers. the cause of medical science and to encourage order and harmony in the ranks of the medical profession, the following members of the profession in the city of Lexington and county of Fayette, viz: Charles Caldwell, William H. Richardson, Lunsford P. Yandell, John C. Richardson, Caleb W. Cloud, Thomas P. Satterwhite, David Bell, Joseph G. Chinn, Samuel M. Letcher, William W. Whitney, William Pawling, John T. Lewis, S. B. Richardson, Robert C. Holland, Thomas B. Pinckard, Loyd Warfield, Samuel Theobald, Benjamin W. Dudley, John E. Cooke and Charles C. Short and their associates and successors, shall be, and are hereby incorporated and constituted a body politic, with perpetual succession, by the name and style of the College of Physicians and Surgeons of the city of Lexington, and county of Fayette; and in that name may acquire, hold and enjoy all such real and personal estate as may be necessary and proper for the use and accommodation of said college, and the same may sell and convey at pleasure: Provided, That the annual income of all such real and personal estate, shall not exceed the sum of ten thousand dollars. They may also contract and be contracted with, sue and be sued, plead and be impleaded with, in their corporate name, and may have and use a common seal, and change, alter, and renew the same at pleasure. SEC. 2. The officers of said college shall consist of a president, vice president, four censors, a secretary and treasurer; but the said college shall have power to erect and fill such other offices as may be found useful and convenient to promote its objects, and also to frame a constitution and by-laws, and adopt such rules and regulations as may be necessary and proper for the good government, permanency and utility of the same: Provided however, That such constitution, by-laws, rules and regulations shall be in accordance with the constitution and laws of the United States, and of this commonwealth. Officers. SEC. 3. The officers of the college shall be elected Annual ele annually, by the regular members thereof, at such tions. time and place, and under such regulations as may |