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CHAPTER 199.

AN ACT to send the laws of this State to the Governor of Liberia, in Africa.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Secretary of State be authorized and directed to deliver to the Agent of the Kentucky Colonization Society one copy of Brown & Morehead's Digest, one copy of Loughborough's Digest, together with one copy of the general acts of the Legislature passed since Loughborough's Digest, and three copies of the Second Auditor's report, for the purpose of delivering the same to the Governor of Liberia, in Africa.

Approved February 28, 1850.

1850.

CHAPTER 201.

AN ACT concerning the Old Bank of Kentucky, and the Bank of the
Commonwealth of Kentucky.

Money on hand how appropria

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all money belonging to the Old Bank of Kentucky, or which may hereafter belong to ted. said Bank, shall be set apart as a fund to equalize the stockholders of the said Bank, and shall be appropriated to that purpose alone, after the payment of the debts and necessary expenses of said Bank, it being the intent hereof that payment be made of so much of the dividends first declared, as remain unpaid, so far as the same can be done with the funds on hand at any time.

President may

State bonds.

SEC. 2. It shall be lawful for the President of the said Old Bank of Kentucky, with the advice and consent of the invest funds in Commissioners of the Sinking Fund, to invest so much of the money of said Bank, on hand at any time, as may not be immediately required for the purposes declared in this act, in bonds of the State of Kentucky: Provided, That if the funds so invested shall, at any time, be needed to carry out the intent of this act, it shall be the duty of the Commissioners of the Sinking Fund to redeem one or more of said bonds.

Charters ex.

SEC. 3. The charters of the Bank of the Commonwealth of Kentucky, and of the Old Bank of Kentucky, are here- tended to March by extended until the first day of March, 1855.

Approved February 28, 1850.

1855.

CHAPTER 207.

AN ACT to provide for the payment and investment of the interest on the bonds of the State of Kentucky, held by the Board of Education, and for the amendment of the laws concerning Common Schools.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Commissioners of the Sink ing Fund shall be and they are hereby directed to pay out

Commissioners

Sinking fund au thorized to pay

int'est on bonds.

1850.

Proviso.

Balance of in

out of ordinary

of the proceeds of that Fund into the State Treasury, to the credit of the Board of Education, the semi-annual interest, as it shall fall due, upon the bonds of the State of Kentucky, now held, or which may at any time hereafter be held, by the Board of Education: Provided, however, that the payments required by this section shall not be made by the Commissioners of the Sinking Fund, except out of such resources of said Fund as shall remain, from half year to half year, after the semi-annual interest on the bonds of the State of Kentucky now outstanding, other than bonds to the Board of Education, shall have been paid.

SEC. 2. Be it further enacted, That whatever balance of interest upon the bonds of the State, held by the Board of terest to be paid Education, shall remain unpaid by the Commissioners of the Sinking Fund, from half year to half year, shall be paid out of the ordinary revenue of the State, as far and as fast as the condition of the Treasury will, from time to time, permit.

revenue

Second Audi.

tor directed to

settle interest account,

Governor to is

sue bond therefor.

Board of Ed. ucation directed funds from year

to invest surplus

to year.

ers of Common

schools,how ap

SEC. 3. Be it further enacted, That the Second Auditor shall settle the interest account of the Board of Education with the State of Kentucky, up to the first day of January, 1850, and the Governor shall execute to the Board of Education a new State bond, bearing interest at the rate of five per centum per annum, payable half yearly from the said date, the said bond to be payable at the pleasure of the Legislature, to be neither transferable nor assignable, and to be for the exact sum found to be due, at the date and upon the settlement herein directed.

SEC. 4. Be it further enacted, That the Board of Education shall be and they are hereby authorized and directed to invest, as permanent funds, for the use and in the name of the said Board, all the surplus funds, from whatever source appropriated by law to the cause of Common Schools and general education, that may remain in the State Treasury, after defraying all the expenses of the school system, from year to year, or oftener, at the discretion of said Board of Education; and it shall be the duty of said Board to invest these surpluses in the bonds of the State of Kentucky now outstanding, whenever that can be done on as good terms as other equally safe and profitable. investments, the preference being always given to said bonds, in said investments.

SEC. 5. Be it further enacted, That the mode of appointCommission- ing Commissioners for Common Schools, in the several counties of this State, shall hereafter be as follows, to-wit: pointed hereaf there shall be a number of School Commissioners for each ter, their powers duties, &c. county, not exceeding three, to be determined upon by the County Court thereof, one of whom shall reside at or conveniently near to the county-seat; he or they shall be appointed by the County Court of said county, and shall give

bond, with two or more good and sufficient securities, to be approved by the Clerk of said County Court, and said bond shall be filed in the office of said Clerk within four weeks after the said appointment, conditioned for the faithful discharge of the duties of his or their said offices of Commissioners of Common Schools. The Superintendent of Publie Instruction shall be notified by said County Clerk of said appointments, as soon as said bond is filed in his office; and he shall be notified, immediately, of all changes in said offices of School Commissioners, by said County Clerk, as changes are made from time to time. The County Commissioners of Common Schools shall hold their offices for two years, and may be re-appointed, but shall renew their bond and security upon their re-appointment. He or they shall settle his or their accounts once every year, and oftener, if required, with the Clerk of the County Court, under the directions of said Court, which settlement shall be entered of record in said office; and a certificate of the Clerk, that it has been made and recorded, shall be sent by said Commissioner to the Superintendent of Public Instruction within four weeks thereafter. The said County Commissioners of Common Schools shall receive, for his or their services, one dollar a day, for each and every day he or they may be necessarily engaged in the discharge of the duties of his or their said offices, the amount of which compensation shall be included in and paid out of the county levy. The County Court shall fill, by appointment, all vacancies in the offices of School Commissioners. The first appointments, under this act, shall be made during the month of March, 1850, by the County Courts of the various counties of the State; and if not made at that time, shall be made as soon thereafter as possible. The present School Commissioners shall continue in office until the new Commissioners shall be appointed and qualified, under this act. The powers, duties and responsibilities of the Commissioners of Common Schools, appointed under this act, shall remain the same as they have heretofore been; and he or they shall perform the duties heretofore required of the County Treasurer, and have the same powers that that of ficer has heretofore had, and incur the same liabilities; and the office of County Treasurer is hereby abolished.

1850.

Duty of Coun ty Commission

districts.

SEC. 6. Be it further enacted, That in laying off districts that embrace any town or village, or any part thereof, the ers in laying off County Commissioner or Commissioners shall be and they are hereby authorized, at his or their discretion, to unite the whole number of children of the proper age of any town or village into one district, or divide into several, according to his or their discretion. If divided into several districts, separate schools shall be taught in each, and each shall be separately reported. If the whole is embraced in one district, it shall be reported as one district, no matter

1850.

Proviso.

The 3d section of act of 1848-9

repealed.

Districts that

authorized to

how many
schools may be taught in it; and the State mo-
ney going to that district shall, in that case, be distributed
amongst the several schools, if there be more than one in
the same district, according to the relative number of chil-
dren taught in each school, from time to time. Where the
local authorities in any town shall establish and sustain a
system of common school instruction, under their own con-
trol, they have power to report directly to the Superintend-
ent of Public Instruction, and receive their share of the
public school money, distributed from year to year, in the
same manner and upon the same conditions as are allowed
by the act of 1845, in the cases of Louisville, Lexington,
and Maysville, and by subsequent acts to some other towns
and cities: Provided, That where there is more than one
Commissioner in any county, each Commissioner, in the
absence of the others, may exercise all the rights and pow-
ers, and perform all the duties prescribed by law for the
whole number.

SEC. 7. Be it further enacted, That section 3 of chapter 523 of the acts of 1848-9, entitled, "An act for the benefit of Common Schools," approved February 26, 1849, is hereby repealed; and all acts, or parts of acts whatever, that conflict with the provisions of this act, or any one of them, are hereby repealed, in so far as they conflict with the provisions of this act, and no further.

SEC. 8. Be it further enacted, That any county or part of a county in the State that did not organize and teach a organize in 1850, school or schools last year, as provided for by law, that will draw for school organize and teach a school or schools for the term of six fund for 1849-50. months, on or before the first day of December, 1850, and report the same, shall be entitled to their full proportion of the school fund, for the years 1849 and 1850; and the Superintendent of Public Instruction is hereby authorized and directed to draw his warrant for the same.

SEC. 9. Be it further enacted, That County CommissionCounty com'rs ers are hereby authorized to administer the oaths, required authorized to by law, to the Trustees of Common Schools, upon reports made to them by said Trustees.

administer oath.

*Town districts,

be organized.

SEC. 10. Be it further enacted, That whenever any town shall be made one school district in which one or more how they may schools are to be taught, it shall be lawful for the School Commissioners to add to such district so much of the county immediately in the vicinity of said town, as in their judgment will best promote the success of the Common School system.

Approved March 1, 1850.

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CHAPTER 212.

AN ACT to provide for the proper carrying out of the submission of the
new Constitution to the people of Kentucky.

1850.

Elections to

SEC. 1. Be it enacted by the General Assembly of the Com-
monwealth of Kentucky, That it shall be the duty of the be held.
Sheriffs, and other returning officers, of the several coun-
ties of this State, authorized by law to hold elections for
members of the General Assembly, to open and hold a
poll in every county in the State and in the city of Louis-
ville, at the places and precincts designated by law for
holding the Presidential election in 1848, and other places
where elections are authorized to be holden, upon the first
Monday and Tuesday of May, 1850, for the purpose of
taking the sense of the good people of this State in regard
to the adoption or rejection of the new Constitution, framed
and submitted to the people for their ratification or rejec-
tion, by the Convention which assembled in Frankfort on
the first Monday in October, 1849.

SEC. 2. It shall be the duty of the said Sheriffs and other
returning officers to receive the votes of all persons enti-
tled to vote for members of the General Assembly under
the present Constitution; the said officers shall open a poll
with two separate columns, viz: one "For the new Con-
stitution," the other "Against the new Constitution;" and
shall address to each voter presenting himself at the polls
to cast his vote, the question, "Are you in favor of adopt-
ing the new Constitution?" and if he shall answer in the
affirmative, his vote shall be recorded in the column for the
new Constitution; and if he shall answer in the negative,
his vote shall be set down in the column against the new
Constitution.

SEC. 3. The said election shall be conducted for two days, and in every other respect as the State elections for Representatives to the General Assembly are now conducted; and on the Thursday succeeding the said election and taking of said vote of the people upon the new Constitution, the various Sheriffs conducting said election at the different precincts and places of voting, shall assemble at the Court Houses of their respective counties and compare the polls of said election; and shall, within ten days. thereafter, make due return thereof to the Secretary of State, in conformity to the provisions of the existing laws upon the subject of the election of members of the General Assembly.

Polls to be

opened with 2 against.

columns, for &

Polls to be com pared and return

made to Secre tary of State.

County Courts clerks, &c.

SEC. 4. Be it further enacted, That the County Courts of the several counties shall, at the March or April terms appoint judges, 1850, of their respective County Courts, appoint two Judges and a Clerk for each place of voting in their respective counties; and that it shall be the duty of the several Sheriffs of this State to appoint as many deputies as may be port deputies to necessary to conduct the voting at the several places of

Sheriff to re

County Court.

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