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1874.

February 16th, 1838, nor in contravention of the Constitution and laws of the United States or of this State; the said corporation shall have power and authority to acquire and hold real and personal estate not exceeding twenty thousand dollars in value, and from time to time, if deemed expedient, sell and convey the same, or any part thereof, and to reinvest and dispose of the proceeds. The right to alter, amend, or repeal this act is hereby reserved to the General Assembly.

Approved February 23, 1874.

names.

Name & style.

powers.

Corporate

CHAPTER 473.

AN ACT to incorporate the Auburn High School.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That J. T Holland, J. C. Darby, John Evans, E. Corporators' H. Sloss, E. G. Clark, Asa Holland, H. Woodward, and G. Lewis, and their successors, are hereby created a bodycorporate and politic, by the name of the Board of Managers of the Auburn High School; and by that name may sue and be sued, plead and be impleaded, in all the courts of the Commonwealth; and by that name shall have power to contract and be contracted with; and shall have power to use a corporate seal, and change and alter the same at pleasure; but it shall not be neces sary for said corporation to procure a corporate seal, but may authenticate its acts by the signature and seal of the president, attested by the secretary; shall have power to secure and hold for the benefit of said high school any lands, tenements, hereditaments, moneys, goods, or choses in action, by gift, donation, devise, contract, or purchase, which the trustees may deem necessary for the use of Auburn High School; and to do and perform all such acts as the trustees or managers of any similar institution are permitted to do or perform.

directors.

§ 2. The above named board shall hold their office until Term of office of the first Saturday in July, 1875, at which time, and biennially thereafter, the stockholders shall hold an election for a board of managers, at which elections each stockholder shall have one vote, without regard to the amount of stock owned by him or her. The board of managers incorporated by this act, and any board that may be elected hereafter, shall hold their office until their successors are elected.

Managers to appoint officers.

§3. The board of managers incorporated by this act shall, at the first meeting after its passage, and the board

of managers hereafter elected shall, at the first meeting 1874. after their election, or as soon thereafter as may by them be deemed practicable, choose from their body a president, to be styled the "President of the Board of Managers;" and they shall also appoint a secretary and treasurer, each of which three officers, unless removed by a majority of said hoard, shall hold their office for and during the continuance of the board by whom they are chosen or appointed. Should a vacancy at any time occur in any of the offices aforesaid, or in the board of managers, such vacancy shall be filled by a vote of the majority of the board remaining in office.

§ 4. The board of managers shall have power to appoint a principal of said high school, and such professors and instructors as may be necessary at any time for the instruction of the pupils therein in the arts and sciences, and in all necessary useful and ornamental branches of a thorough and liberal education; and the power to make such by-laws for the government of their own body, and such rules and regulations for the government and control of the principal, professors, and instructors, and the pupils, as they may deem expedient, and to alter, amend, or annul the same at will.

§ 5. The board of managers shall have power to regulate the course of studies, and to confer upon graduates of said high school such diplomas, honors, and degrees as evidence of scholarship as are usual in the institutions and colleges of this Commonwealth, the same to be signed by the president of the board of managers, the principal of the high school, and such other persons as may be determined by the board of managers.

Board to app int sistants.

principal and as

Board to regulate diplomas, &c.

studies, grant

bond.

§ 6. The treasurer shall give bond, with security, to be Treasurer to give approved by the board of managers, for the proper disposition of moneys that may come to his hands, and for the faithful discharge of his duties.

Property exempted from tax

§ 7. That the real estate held by the trustees named in this act, or their successors in office, not exceeding five ation. acres, and the necessary buildings thereon, shall be exempt from taxation for State, county, or municipal purposes.

8. The capital stock of said high school shall not Capital stock. exceed fifteen thousand dollars, to be divided into shares of twenty-five dollars, and the board of managers may open books and receive 'subscriptions to the capital stock at any time they desire.

§ 9. This act shall take effect from its passage.

Approved February 23, 1874.

1874.

County judge to license question.

order election on

former

pealed.

act

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CHAPTER 475.

AN ACT submitting a proposition to the voters in district No. 4, Todd county, whether or not spirituous, vinous, or malt liquors shall be sold therein.

WHEREAS, The General Assembly of the Commonwealth of Kentucky has recently passed an act, entitled “An act to regulate the sale of spirituous, vinous, or malt liquors in this Commonwealth;" and whereas, doubts have arisen as to whether said act can be construed as repealing any act now in force in any district, town, or city where the sale of spirituous liquors is now prohibited by law; and whereas, by an act of the General Assembly, approved December 20th, 1871, the sale of spirituous liquors is now prohibited in the town of Elkton, county of Todd, Kentucky; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That it shall be the duty of the county judge of Todd county, upon the petition, in writing, of (20) twenty legal voters in district No. 4, in said county, to cause an election to be held in said district No. 4, in said county, as directed under the act, entitled "An act to regulate the sale of spirituous, vinous, or malt liquors in this Commonwealth," and that the provisions of said act shall govern said election, except that if it shall be found that a majority of the legal voters of said district No. 4 have voted in favor of the sale of such liquors within the limits of such district, it shall be the duty of the examiners to certify that fact, which certificate shall be delivered to the clerk of the county court, and by him safely kept until the next regular term of the county court, at which term the judge thereof shall have the same entered of record upon his order-book; and said entry of the certificate in the order-book, or a certified copy thereof, shall be prima facie evidence of all proceedings under this act.

§ 2. That after the entry of the certificate of the examIf license carries, ining board as aforesaid, the act, entitled "An act to prevent the sale of spirituous, vinous, or malt liquors in the town of Elkton, or within one mile of the corporate limits thereof," approved December 20, 1871, shall stand repealed.

Majority of

voters of district to vote for license

before act shall

be repealed.

§3. That the act heretofore passed and now in force, prohibiting the sale of intoxicating spirits in the town of Elkton, and within one mile of the corporate limits thereof, shall not be repealed or amended unless a majority of all the voters in district No. 4, in Todd county, shall vote for such repeal

§ 4. This act shall take effect from and after its passage. Approved February 23, 1874.

CHAPTER 476.

AN ACT to abolish the court of common pleas in Caldwell county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

1874.

§ 1. That an act, entitled "An act to establish a court of Caldwell common common pleas in Caldwell county," approved February pleas court abol6th, 1871, be, and same is hereby, repealed; and so much

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of article ten (10), chapter twenty-eight (28), of General Statutes, title Courts," as establishes a court of common pleas in and for Caldwell county, in this Commonwealth, is hereby repealed; and the said court of common pleas in said county is hereby abolished.

Jurisdiction of circuit court

§ 2. That the circuit court of Caldwell county shall hereafter have jurisdiction of all actions, motions, pro- established. ceedings, and other business of which said court of common pleas has had jurisdiction under said act approved February 6th, 1871, and of all such actions, motions, proceedings, and other business as may hereafter arise.

§3. That all actions, motions, proceedings, and other business now pending in said court of common pleas are hereby transferred to the circuit court of said county ; and it is hereby made the duty of the clerk of said court to transmit to and deposit in circuit court clerk's office of said county all the papers in all actions, motions, proceedings, and other business now or heretofore pending, or which may at time this act takes effect be pending, in said court of common pleas; and all actions, motions, proceedings, or other business now pending in said court. of common pleas shall be placed on the docket of the circuit court of said county, in the same manner as if originally brought in said court, and said court shall have full power and authority to hear and determine the same. The said circuit court shall have full power to hear and determine all motions, actions, proceedings, or other business that may arise out of any proceedings or actions that may have been tried in said court of common pleas, and which, but for this act, would have to be instituted in said court of common pleas.

§ 4. That the records of said court of common pleas shall be deemed record of said circuit court of said county, as fully and to all intents and purposes as if they had originally belonged to said circuit court, and it shall have the same power over them, and of all proceedings growing out of them, in like manner as if its own records; and the clerk and judge of said circuit court shall have full power to certify copies of same.

§ 5. All acts and parts of acts inconsistent with this act are hereby repealed. This act shall take effect and be in force from and after the first day of March, 1874.

Approved February 23, 1874.

re.

Actions trans

ferred to circuit

court.

Records of common pleas court made record of

circuit court.

1874.

tees.

CHAPTER 477.

AN ACT to amend the charter of the city of Ludlow, in Kenton county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the board of school trustees of the city of Number of trus- Ludlow, Kenton county, Kentucky, shall consist of eight members, two from each of the four wards, and a president, who shall be elected at large in said city.

be elected, and term of office.

§2. That the qualified voters in each ward shall elect, School trustees to at a special election to be holden on the first Saturday in July, 1874, one school trustee. Those elected in the First and Third Wards shall hold their offices for two years; and those elected in the Second and Fourth Wards shall hold their offices for one year. The president of said body shall also be elected at the same time, and shall hold his office for the term of two years.

§ 3. That when the terms of office of four members Term of office elected for one year expire, their successors shall hereafter be elected for the term of two years, at the annual election in December.

increased.

§ 4. That said board of trustees shall have power to Clerk to be elect a clerk of said body, who shall serve for the term of one year; and for his services said board may fix his salary.

elected, term of office, & salary.

§ 5. And said board of trustees shall have power to fill all vacancies occurring in that body.

§ 6. All acts or parts of acts conflicting with this act are hereby repealed.

§ 7. This act shall take effect from and after its passage.

Approved February 23, 1874.

ames.

CHAPTER 478.

AN ACT to incorporate the Bluegrass Manufacturing Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

91. That Edward Burgess, John F. Payne, James E. Corporators' Sadduth, James W. Craig, Richard West, L. L. Herndon, George Burch, Jos. Burgess, James Smith, W. B. Galloway, J. W. Bradley and E. H. Parrish, of Scott county; and Dr. A. Hurst, Jonn Withrow, Warren Viley, Daniel Swigert, Robt. McConnell, and W. H. Graddy, of Woodford county; and Dr. R. J. Spurr, Wm. Warfield, Isaac Vanmeter, Thos. Bradley, P. Henry Thompson, and H. C. Sandusky, of Fayette county, and their associates, successors, and assignees, are hereby created a body-politic

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