1850. quence of its being oppressive upon the people to open said road, or in consequence of the impracticability to open said road, or of its inutility when opened, he shall have an order made accordingly, and said road shall be discontinued and set aside, if a new road. Either the party making the motion, or any one who may resist the discontinuance of said road, or who may be effected by its discontinuance, shall have the right to an appeal, or to prosecute a writ of error, to the Court of Appeals. Approved March 6, 1850. Directors in eligible for one year instead of two. Bank allowed instead of seven nine directors CHAPTER 495. AN ACT to amend the charter of the Louisville Bank of Kentucky. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the second section of an act, entitled, "an act to repeal in part the act, entitled, an act to establish the Louisville Bank of Kentucky," approved February 12, 1836, as requires that at least two of the Directors of said Bank, in office at the time of any election, shall be ineligible for re-election for the two ensuing years, be and the same is hereby so amended as to make such Directors ineligible for one year instead of two. SEC. 2. That so much of the 9th section of an act, entitled, "an act to amend the charters of the Banks of Kentucky," approved March 8, 1843, as reduces the number of Directors in the Louisville Bank of Kentucky to seven, be and the same is hereby so amended that the number of Directors for said Bank shall hereafter be nine instead of seven. Approved March 6, 1850. which a divorce CHAPTER 498. AN ACT regulating divorces. Be it enacted by the General Assembly of the Commonwealth Causes for of Kentucky, That in all cases whatever, where either may be granted. party to a marriage contract shall have concealed from the other party to such contract, heretofore entered into, or which may hereafter be entered into, at the time of marriage, any contagious and loathsome disease under which he or she may be laboring; or where such marriage contract has been entered into under duress, by force, or fraud, or where such duress, force, or fraud, has been practiced, or may hereafter be practiced, in the procurement of such marriage, as renders such contract, by the rules of law, void ab initio ; or where either party to such contract of marriage shall have been guilty of such immoral conduct, or is addicted to such obscene or degrading habits as are 1850. Jury may be empannelled. destructive of the happiness of the parties, or either of them; or where such parties to such contract of marriage, heretofore entered into, or which may hereafter be entered into, shall have separated and lived apart, without any communication whatsoever for the space of five years before the commencement of any suit for a divorce; or where either party to such contract of marriage, heretofore entered into, shall have been guilty of such unbecoming and disrespectful conduct as exposing, unnecessarily, the other to public notoriety and reproach for alledged abandonment in any of the public newspapers or journals of this State by publication, or by other unnecessary and cruel conduct, endeavored to disgrace the same, it shall be lawful for the Judges of the several Circuit Courts of this Commonwealth, upon bill filed by the party so aggrieved or complaining, alledging such facts, or either of them, as above enumerated, to entertain jurisdiction of the same, and to cause a jury to be empannelled and sworn to try the issue in said. cause; and if, thereupon, it shall appear by competent proof, that the allegation or allegations so charged, are true, and the jury so empannelled, shall so find the same in their verdict, the Court before whom such suit is pending, shall, thereupon, enter up a decree of divorce upon such verdict, for the party so complaining, restoring him or her to all the rights and privileges of an unmarried person; and in all cases the Court shall have power to change and restore the maiden name of the party so divorced: Provided however, in all such cases, the Court shall be satisfied, before grant- have notice. ing a divorce, that the defendant has had notice of the pendency of the suit, when a non-resident of this State; and in all other cases the same proceedings shall be had thereon in such Court, as in other causes in chancery; and nothing in this act shall be so construed as to affect the rights of either party to property or alimony, as are now established by law, and in all cases the Court shall have power to decree the same: Provided further, that in all suits for divorce, instituted or commenced under the provisions of this act, the defendant may answer or plead to the same, as in other cases at law or equity. Approved March 6, 1850. Defendant to Defendants may answer. CHAPTER 504. AN ACT to add Clay County to the Fifteenth Judicial District. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county of Clay is hereby added to the fifteenth judicial district; and the time of holding the fall term of said court is changed to the second (instead of 1850. the fourth) Monday in November; and the court, at the spring and fall terms, shall continue for twelve juridical days, if the business thereof shall require it. Approved March 7, 1850. CHAPTER 508. AN ACT for the appropriation of money. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the following sums of money, not otherwise appropriated, be paid out of the Public Treasury to the several persons named and entitled to the same, viz: 1. To the Speakers of the Senate and House of Representatives, six dollars per day, each, during the present session. 2. To the Clerks of the Senate and House of Representatives, ten dollars per day, each, during the present session. 3. To the Sergeant-at-Arms of the Senate and House of Representatives, twenty eight dollars per week, each, during the present session. 4. To the Doorkeepers of the Senate and House of Representatives, twenty eight dollars each, per week, during the present session. 5. To the Clerks of the Senate and House of Representatives, sixty dollars each, for their services after the close of the session, in preparing the acts for publication, and arranging the books and papers for safe keeping. 6. To the Assistant Clerks of the Senate and House of Representatives, seven dollars per day, each, during the present session. 7. To Baptist Church for use of their bell during the present session, ten dollars. 8. To the Publishers of the "Daily Commonwealth," for the use of their paper during the pressent session, one hundred and fifty dollars. 9. To the Publishers of the Yeoman paper, for the use of that paper during the present session, fifty dollars. 10. To the Lunatic Asylum, for the support of that institution, eighteen thousand five hundred dollars, one half Lunatic Asylum. to be paid on the first day of April, 1850, and the balance quarterly in advance. The Commissioners are required by this act to make all contracts for the necessaries of said institution, cash contracts; and the Chairman of the Board of Directors, before he receives any part of this appropriation, shall have executed bond in the office of the Clerk of the Fayette County Court, with security, to be approved by the Clerk, in the full amount of the appropriation of this act, conditioned to the faithful appliance of the money to the use of said Asylum. 1850. That the provisions of an act, entitled, "an act requiring a settlement of the accounts of the Lexington Lunatic Act for settleAsylum," approved February 28, 1849, be and the same are hereby extended, so as to apply to the Commissioners of the "Second Kentucky Lunatic Asylum," whose duty it shall be to pursue the provisions of said act. ment with Luna plied to 2d Asylum. tic Asylum ap. Auditor to re That it shall be the duty of the Auditor, annually, to report to the General Assembly a statement, in writing, of port settlement. said settlements, with each of said Asylums. 11. To Joseph Gray, for the use of the servant of the House of Representatives, for making fires, &c., during the present session, forty five dollars. 12. To Ben. Selby, Jr., for the use of servant of the Senate, for making fires, &c., during the present session, forty five dollars. 13. To Stephen Shanks, for attendance on back buildings, ten dollars. 14. To Joseph Gray, one hundred and twenty five dollars, to be divided between Revs. Mr. Robinson, Norton, Brush, Lancaster, and Warder, for their services as Ministers during the present session. 15. To the Publishers of the "Old Guard," and "Champion of Reform," twenty five dollars each, for their papers during the present session. 16. To Baker & Anderson for sundries furnished, as per account rendered, nine dollars and eighty cents. 17. To. Geo. W. Williams, Chairman of Senate's Bank Committee, expenses of committee paid by him, eighty five dollars. 18. To John Speed Smith, expenses of committee appointed by the Senate to visit the Lunatic Asylum, twenty two dollars and fifteen cents. 19. To Thomas P. Linthicum, expenses of Senate committee appointed to visit the Deaf and Dumb Asylum, thirty eight dollars and seventy four cents. 20. To John C. Breckinridge, expenses of House committee in visiting the Deaf and Dumb Asylum, at Danville, sixty four dollars and thirty one cents. 21. To Walter C. Chiles, as Chairman of the Senate committee appointed to visit the Blind Asylum, at Louisville, twenty dollars. 22. To James R. Watson, for services rendered the committee on Finance, five dollars. 23. To James M. Rice, expenses incurred in visiting Blind Asylum, as a member of Senate committee, thirteen dollars and fifty cents. 24. To Reuben McCarty, Clerk Pendleton Circuit and County Courts, eight dollars, costs improperly adjudged against him in a suit in the General Court. 25. To Henry Clark, and James, servant boys for the Senate and House of Representatives, ten dollars each. 1850. 26. To Albert G. Hodges for making out Index to Journal of the House of Representatives, one hundred dollars. 27. To the Clerk of the Senate for making out Index to Journal of the Senate, one hundred dollars. 28. To Richard Long, Clerk in the Register's office, one hundred dollars for extra services as Clerk in said office. 29. To Newton Craig, for a bucket and two dozen chairs furnished the Senate and Library, thirty seven dollars and seventy five cents. 30. To Doxon & Graham, for sundries furnished to the Senate, six dollars and ninety cents. 31. To the Commissioners of the Cumberland Hospital, fifteen hundred dollars. 32. To William B. Mason, Chairman of the Bank Committee of the House of Representatives, expenses to Louisville and Lexington, one hundred and seventy dollars. 33. To city of Frankfort for Gas furnished the Capitol during the session of the Legislature, fifty two dollars and twenty two cents. 34. To William Veach, for furniture for the Capitol, fourteen dollars and ninety cents. 35. To Edmund Wooldridge, for expenses as one of the committee to visit the Lunatic Asylum, twenty four dollars. 36. To F. A. Boyd, for expenses as one of the committee to visit Lunatic Asylum, six dollars. 37. To Charles Wickliffe, for expenses as one of the committee to visit Lunatic Asylum, nine dollars. 38. To Geo. W. Gwin, account rendered, ten dollars and twenty three cents. 39. To Doxon & Graham, account rendered, two dollars and fifteen cents. 40. To Baker & Anderson, account rendered, twenty two dollars and ninety seven cents. 41. To A. Conery, account rendered, three dollars. 42. To W. J. Wood, for expenses as one of the committee to visit Lunatic Asylum, six dollars. 43. To Johnson D. Beard, as one of the committee to visit the Lunatic Asylum, six dollars. 44. To Joyce & Walston, account rendered, sixty six dollars and forty two cents. 45. To D. H. Smith, F. Kennedy, and John T. Quarles, expenses of visit to Blind Asylum, as House Representatives' committee, sixty dollars. 46. To H. Mordecai, for grading and McAdamizing street on the Northwest side of Capitol Square, fifty four dollars and fifteen cents. 47. To Geo. W. Lewis, for making Index to Journal of the Convention, one hundred dollars. |