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succession, under the name and style of the South West Agricultural and Mechanical Association, at Paducah; and by that name may sue and be sued, plead and be impleaded, defend and be defended, in all courts of law or equity; and shall be capable of acquiring by purchase or otherwise any quantity of land not exceeding fifty acres, and may improve, sell, and convey the same, or any part thereof, at pleasure; and may acquire, hold, and dispose of such personal estate as the president and directors of said association may deem necessary and proper; the said association may adopt and use a corporate seal, or may use the seal of its president for the time being.

§ 2. That the president and directors already chosen, as aforesaid, shall continue in office until the first Saturday in August, 1854, and until their successors are duly elected and qualified; an election however of a president and ten directors shall be had on the first Saturday in August next, by the qualified members of said association, and annually thereafter, unless the members of said association, at said annual election, shall by resolution fix upon a different day; and they may, at their annual election, reduce the number of directors.

1854.

Corporate Dame and pow

ers.

Election of di

rectors.

Duties and

§ 3. The prudential, fiscal, and other concerns of said association, together with all its estate of every kind, shall powers of direc be under the control and management of the president and directors aforesaid; and they shall have power to appoint a treasurer and secretary, and such other inferior officers as they may deem necessary in carrying out the purposes of said association; and they may require of such inferior officers, or either of them so elected, bonds with good security for the faithful discharge of his or their duty. Said president and directors shall have power to make such regulations and by-laws, not inconsistent with the constitution and laws of this commonwealth, as in their opinion may contribute to the good order and management of said association; and may from time to time modify and repeal the same at their pleasure. They shall have power to contract and be contracted with, in their corporate name, and to do any or every other act not inconsistent with the constitution and laws of this commonwealth, which in their opinion will contribute to advance the objects of said association.

§ 4. Any five members of the directors, together with the president, shall be a quorum for the transaction of business, unless the association shall fix on and require a different number.

Corporation liable for for.

§ 5. That said association shall, in its corporate capacity, with all the estate belonging thereto, be liable for any mer debts. debts heretofore contracted by it, or by its authority, as fully as though the same had been contracted since the passage of this act.

1854.

§ 6. That no spirituous liquor shall directly or indirectly, during the continuance of any fair of said association, be be sold on the sold upon the premises, used for any such fair; nor shall

Spirits not to

premises.

any such liquor, during any such time, be sold either directly or indirectly upon any lot or lane, road or street, adjoining the same, under the penalty of twenty dollars for each and every such offense, to be recovered, together with the cost, by warrant before any justice of the peace in the county of McCracken; and each separate act of selling spirits shall be a separate offense.

Approved March 7, 1854.

Boundaries

extended.

Trustees pointed.

Election trustees.

ap

CHAPTER 610.

AN ACT to amend the charter of Bryantsville, extending the boun. dary, &c.

§ 1. Be it enacted by the General Assembly of the, Commonwealth of Kentucky, That the boundary of the town of Bryantsville, in the county of Garrard, be extended as follows: Beginning at the turnpike road on the south side of said town, running thence east on the line between Edmond Smith and Peter Farlee to John Shipman's corner; thence in a northerly direction with said Shipman's line, binding on Peter Farlee, James W. Merrill, Dr. J. C. Armstrong, Mrs. Maccha Tuggle, and John A. Hill's, to Dr. Tillett's line; thence in a westerly direction, with said Tillett's and Hill's line, to the turnpike; thence south with said pike to the coner between said Tillett and James N. Philips; thence in a westerly direction with said Tillett and Philips' line to the Old Hickman road, thence north with said road, including Dr. Tillett's residence, to the corner between Tillett and Dunn; thence west to E. Smith's line; thence south with Smiths' line, binding on Dr. Tillett, Peter Meritt, Downing and Dickerson, John Hoffman, Thos. F. Tracy, Dr. J. S. Poor, James M. Philips, Dr. C. Alspaugh, and Beriah N. Jones, to the beginning.

§ 2. That William Merrill, Peter Farlee, David C. Alspaugh, Harrison Stephens, and James M. Philips be and are hereby appointed trustees for the town of Bryantsville, and shall continue in office until the first Saturday in of April, 1854; and at the expiration of their term it shall be lawful for the citizens of said town to elect five trustees for said town, the above named trustees giving ten days notice of the time and place of such election of their successors, who shall remain in office one year after their election, and until their successors shall be duly elected and qualified.

§ 3. That there shall be an election held for trustees the Annual elec. first Saturday in April in every year; and when any vacancy shall happen by death, removal, or resignation, the board of trustees shall have power to fill such vacan

tions.

cy until the next annual election of trustees in and for said town.

1854.

Who may vote

at such elec

§ 4. That each free white male person of the age of twenty-one years, being an actual resident of said town, ins, or holding title to real estate therein, shall be entitled to vote for trustees.

§ 5. That the trustees of said town shall have power to make rules and enact such by-laws for the regulation and government of said town as they shall deem necessary, provided such by-laws are not contrary to the constitution and laws of this state.

Powers of trus tees.

They may sue

for a breach of

§ 6. That for a breach or violation of any of the bylaws or ordinances that may be passed by the board of their ordinances trustees of said town, a right of action shall accrue to said trustees, who may prosecute the same in their name before any justice of the peace within this commonwealth.

And tax shows and exhibitions.

§ 7. That the board of trustees for said town shall have May lay taxes. power to assess a poll tax on the legal titheables of said town, not to exceed in any one year one dollar per head, and levy an ad valorem tax on the real and personal estate within said town, that is now taxed by the revenue laws of this commonwealth, not to exceed twenty-five cents on each one hundred dollars worth of property. They shall have power to contract for the grading and paving any of the streets and side-walks of said town. They shall have power to levy and collect from the owner or manager of all exhibitions of animals or shows, of all and every description that may be exhibited within the limits of said town, any amount that shall be ordered by the board of trustees, not to exceed ten dollars for every twelve hours. They shall have power to pass by-laws to prevent racing or running horses within the limits of said town, or the suppression of all other disorderly conduct within the same. They shall appoint one of their own body as chairman, who shall sign the records and proceedings of each meeting; shall have power to call a meeting of said board at any time and preside over the meeting, keep order, &c. It shall require a majority of said trustees to do business; and all fines, forfeitures, and judgments that shall be recovered, and all taxes that shall be assessed and collected by said trustees, shall be by them appropriated to the improvement of the streets and side-walks of said town.

Other officers to be appointed,

§ 8. That the board of trustees shall have power and authority to appoint an assessor to assess the property their duties. and persons within said town liable to taxation, and upon any person in said town refusing to give in his or her property to said assessor, the person so refusing shall be liable to a fine of not more than ten dollars nor less than two dollars, to be recovered before a justice of the peace, by warrant in the name of said trustees, which shall be appropriated as other moneys are by this act; and said 24-VOL. II.

1854.

Lo appointed.

trustees shall fix and direct the payment and compensa-
tion of said assessor.

§ 9. That the board of trustees shall have full power Collector to and authority to appoint a collector, who shall have pow er and authority vested in him to collect, by distress or otherwise, the tax levied on the persons and property within said town, as before directed, and his fees for collecting shall be the same as now allowed to sheriffs of this commonwealth for collecting the public revenue.

He shell exesu.e bond.

§ 10. That before said collector shall proceed to the performance of the duties prescribed in the ninth section of this act, he shall execute bond before said trustees, in such penalty as the board shall direct, with sufficient security to be approved of by them, conditioned for the faithful collection of said tax and the payment of the same over to said trustees, payable to the trustees or such person or persons as they shall direct; and for a breach of the condition of said bond said trustees shall have power and authority to move against said collector, either by suit on the bond or motion in the circuit court of Garrard county, and by judgment of said court recover against said collector, and his securities, any amount of money that may be found due from him, with twenty per centum thereon, and shall have execution therefor against them; and the clerk of said court shall indorse thereon no security of any kind to be taken.

§ 11. That said trustees shall elect a clerk, who shall continue in office one year, or until another is appointed, whose duty it shall be to preserve and safely keep all papers belonging to or filed with said board, and shall attend the meetings of said board and record all their proceedings in a book to be provided by said board for that purpose, and copy and certify all records and ordinances. that may become necessary-the trustees having the right to fix his compensation for his services.

Approved March 6, 1854.

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CHAPTER 611.

AN ACT for the benefit of School Districts Nos. 20 and 38 ia Boone

county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Dorchester H. Mirrick, school commissioner of Boone county, be and he is hereby directed to pay out of any unappropriated school funds now in his hands as commissioner aforesaid, to L. L. Youell, trustee of school district No. 20, in Boone county, for the year 1852, to Wm. B. Ryle and others, trustees of district No. 38, in said county for the year 1851, the several sums which they have paid their respective districts for schools

TE

legally taught under the common school system and which should have been paid out of the common school fund. Approved March 7, 1854.

1854.

CHAPTER 612.

AN ACT to incorporate the Merchants Savings Bank, in the city of
Louisville.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That George H. Cary, A. McBride, Philip Thornberry, B. Musselman, Thomas W. Patten, Edward Holbrook, George W. Morris, H. T. Curd, Joseph Metcalfe, and James E. Tyler, and all who may become stockholders of a savings bank, to be located in the city of Louisville, and state of Kentucky, to be called the Mer- Corporate nenie chants Savings Bank, by which name it shall have succession, be and they are hereby made a body corporate by that name, and shall have authority to sue and be sued, plead and be impleaded, answer and defend, be answered and defended, in all courts of law or equity within this commonwealth.

§ 2. The stockholders of said bank shall consist of not less than ten nor more than thirty in number, all of whom shall be equal contributors to its funds and jointly and equally interested in its gains or losses.

§3. Said bank shall be arranged and governed by officers appointed from time to time by a majority of the stockholders, every one of whom shall be a director.

4. The stockholders are empowered by this act to pass such by-laws as they may deem necessary for the government and safety of the bank: Provided, such by-laws are not incompatible with the laws of the United States or of this commonwealth.

and powers.

Number of stockholders.

By-laws to be enacted.

How stock to

5. As soon as said bank shall be organized, each and every stockholder shall contribute to its funds ten dollars, he paid. and a further sum of two dollars per week each and every week thereafter, for and during the first ten years of its existence, after which time said deposits may be discontinued, provided a majority of the whole number of stockholders give their assent, otherwise it shall be continued until such consent be obtained.

May receive

§ 6. Said bank may receive deposits of money from all free persons, and grant certificates of deposit therefor, deposits. but in no case shall it be authorized to issue paper for circulation.

How discounts

§ 7. All the money held by said bank shall contsitute a fund with which the directors may discount promissory to be made. notes, or deal in bills of exchange, at rates now prescribed by the charters of the incorporated banks of this state. 68. It shall be the duty of the officers of the Merchants

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