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1854.

§7. That the county court of Mason, upon the approval of such report, shall make a reasonable allowance to said commissioners for their services.

§8. This act shall take effect from the date of its pas

sage.

Approved March 9, 1854.

CHAPTER 858.

AN ACT to incorporate the Bethel High School, located at Hopkinsville,
Kentucky.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That R. Nixon, S. Holland, A. D. Sears, J. P. Campbell, E. J. Vaughn, L. L. Leavell, E. B. Richardson, A. Palmer, H. A. Phelps, and S. D. Buck, and their successors as such, be and the same are hereby incorporated under the name and style of the trustees of the Bethel Female High School, and by that name shall have perpetual succession, and a common seal, or may use their individual seals or scrolls, and may sue or be sued, plead and be impleaded in any court of law or equity in this commonwealth.

§ 2. That two of said trustees shall go out of office at the end of each year-the two first named at the next annual meeting of the Baptist Bethel Association-the two next one year thereafter, and so on in the order in which they are named in the first section of this act; and that the Baptist Bethel Association shall at each of its annual meetings, supply the places of those trustees whose term of office shall have expired under the provisions of this act, by appointing two other persons, or by re-appointing the same persons as trustees, who, or a majority of whom, shall reside in Hopkinsville, Kentucky; or within its immediate vicinity, and that each of the trustees so appointed by said association shall hold his office for the term of five years, from the date of his several appointments, so that two of said trustees shall vacate their offices each year, such vacancies to be filled by the Bethel Baptist Association as aforesaid; and so on in perpetual succession: Provided, that vacancies occurring, by the failure to act on the part of said association, or in any other way not otherwise provided for in this act, may be filled by a simple majority of the board of trustees themselves.

§3. That said trustees and their successors are hereby invested with full power to receive by devise or in any other manner, and to hold real estate to the amount of $75,000, and to hold and apply any bequests, legacies, or donations which may be made to them for the purposes indicated in their corporate title; and they shall use and apply said real estate, goods, chattels, and effects, according to the directions of the devise, bequest, legacy, or do

nation, and the by-laws and regulations of the corpora

tion.

§ 4. That said board of trustees or a majority of them may elect their own officers, and determine by their by-laws what number of them shall be necessary to constitute a quorum for the transaction of business; and the acts of such quorum shall be binding upon said corporation; and said trustees shall have and be governed by such other bylaws or regulations, not inconsistent with this act, or the laws of the land, which may be adopted by a majority of said board.

§ 5. All contracts and agreements signed by the order of the board of trustees, by the president and secretary of said board, with their individual seals or scrolls attached, shall be binding on the corporation; or such other mode. of authentication may be used as the board of trustees by their by-laws may adopt.

§ 6. The legislature may at any time modify or repeal this act. This law to take effect from its passage. Approved March 9, 1854.

1854.

CHAPTER 859.

AN ACT for the benefit of Benjamin Scales, of Pulaski county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Benjamin Scales, of Pulaski county, be and he is hereby authorized to vend goods, wares, and merchandise in this commonwealth without procuring the license required by existing laws of peddlers: Provided, that he shall not engage in the traffic of retailing spirits without incurring the penalty against retailing without license.

Approved March 9, 1854. .

CHAPTER 860.

AN ACT for the benefit of James Edminston, of Hopkins county. WHEREAS, it has been represented to the general assembly that Dickson Edminston, of the county of Hopkins, is a lunatic, and has been such for many years past, and that he was so declared by the verdict of a jury summoned by the judge of the circuit court of Hopkins county at the May term thereof for the year 1852, and was by said judge ordered to be sent to the lunatic asylum, but which has never been done, but he has thus far been supported and maintained by his father, James Edminston; and whereas, by the finding of said jury it appears that Dickson Edminston is without property of any kind out of which to draw his support, but is entirely dependent upon his father,

1854.

who is an aged and poor man, and that he, said Dickson, is also in bad health, and unable to perform labor. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the auditor be and he is hereby authorized and directed to draw his warrant on the treasurer of this state for the sum of seventy-five dollars, in favor of James Edminston, as a renumeration to him for keeping his son Dickson for eighteen months from the finding of the jury at the May term of the Hopkins circuit court for the year 1852.

Approved March 9, 1854.

CHAPTER 861..

AN ACT to extend the limits of the town of Cadiz, in Trigg county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the limits of the town of Cadiz, in Trigg county, be so extended as to include the houses and grounds of John S. Malone. This act to take effect from its passage.

Approved March 9, 1854.

CHAPTER 862.

AN ACT to amend an act, entitled, an act to incorporate the Society of the Bethel Association for Missionary, Bible and Educational purposes, approved February 1, 1850.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the number of trustees for the Society of the Bethel Association for Missionary, Bible, and Educational purposes, be and they are hereby increased to twenty, and that the said trustees and their successors, as such, be and they are hereby incorporated under the name and style of the Trustees of the Society of the Bethel Association for Missionary, Bible, and Educational purposes; and by that name shall have perpetual succession, and a common seal, or may use their individual seals or scrolls, and may sue and be sued, plead or be impleaded in any court of law or equity in this commonwealth.

§ 2. The trustees of the Bethel High School and their successors, together with the trustees of the Bethel Female High School and their successors, shall constitute the board of trustees for said society, and said board of trustees are hereby invested with full power to receive by devise or in any other manner, and to hold real estate to the amount of $75,000; and to receive, hold, and apply any bequests, legacies, and donations which may be made to them for the purposes indicated in their corporate title; and they

shall use and apply said real estate, goods, chattels, and effects according to the directions of the devise, bequest, legacy, or donation, and the by-laws and regulations of the corporation: Provided, that said board shall not have or exercise the right to control or in any way interfere with the action of the Board of Trustees of the Bethel High School, or of the Board of Trustees of Bethel Female High School.

§3. That the board of trustees, as established by this act, shall act and be responsible as the successors of the former board of trustees for said society-in all matters relating to the contracts, agreements, obligations, respon- ̧ sibilities, or other business of the former board of trustees, except with regard to all business or property real or personal, connected with or belonging to the Bethel High School.

§4. That the said board of trustees, or a majority of them, may determine by their by-laws what number of them shall be necessary to constitute a quorum for the transaction of business, and the acts of such quorum shall be binding upon said corporation; and said trustees shall have and be governed by any by-laws or regulations, not inconsistent with this act or the laws of the land, which may be prescribed and adopted by a majority of them, subject to the revisal of the Baptist Bethel Association for the purpose of repeal or amendment at its annual meetings, and all by-laws adopted as aforesaid by a majority of said board of trustees, shall remain in full force until repealed or amended by the action of said association.

§ 5. A member of said board of trustees shall each year be designated and appointed as the president of said board by the Baptist Bethel Association at its annual meetings, and in case of vacancy by death, resignation, or failure upon the part of said association to appoint a president, or otherwise, a majority of said trustees may elect such officer from their own number; and in case of the sickness or absence of the president, a majority of said trustees may elect from their own number a president pro tempore.

$6. All contracts and agreements signed by the order of the board of trustees, by the president and secretary of said board, with their individual seals or scrolls attached shall be binding on the corporation; or such other mode of authentication may be used as the board of trustees by their bylaws may adopt.

§7. Section third of an act to incorporate the Society of the Bethel Association for Missionary, Bible, and Educational purposes, approved February 1, 1850, and all other provisions of said act inconsistent herewith, are hereby repealed.

1854.

51-VOL. II.

1854.

8. The legislature may at any time modify or repeal this act.

Approved March 9, 1854.

poration.

and powers con

ferred.

CHAPTER 863.

AN ACT to incorporate the Northern Kentucky Coal Mining Company.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Marcus A. Finch, Adolphus H. Smith, and Jurgen H. F. Giesman, and the survivors of them, and all such persons as may hereafter be associated with them, or the said survivors their successors and assigns, shall be and are hereby made a body politic and corStyle of incorporate, under the name of the Northern Kentucky Coal Mining Company, and by that name shall be capable of contracting and being contracted with, suing and being What ignts sued, pleading and being impleaded, in all courts and places whatsoever, for the purpose of mining coal, and such other business as may be necessary to the successful prosecution of the coal mining business; may erect buildings and machinery at their mines or depots; may build and freight boats, and may establish such depots as they may deem necessary, and may in their corporate capacity and name make and execute to any person or persons or body politic or corporate any and all writings, notes, bonds, and mortgages on real or personal property belonging to said company, in the due prosecution of their business, or as security for the loan of any money borrowed by or due from said company to any person or persons or body corporate, and may have or use a common seal, and change, alter, and renew the same at pleasure.

estate, and to what extent.

§2. That said corporation hereby created may be capaMay hold real ble to acquire, purchase, receive, have, hold, and enjoy, and again to sell, or otherwise dispose of such real and personal estate, not exceeding five thousand acres, as may be necessary for said corporation to carry on the coal mining and shipping operations before mentioned, and such other real estate as shall have been in good faith mortgaged or pledged to them by way of security, or conveyed to them in satisfaction of debts or liabilities previously created in their business, or purchased at sale upon judgments which shall have been obtained for such debts or liabilities.

By whom to be directed and

controlled.

§ 3. The stock, property, and concerns of said corporation shall be managed and conducted by a board of not less than three nor more than nine directors, being stockholders, one of whom shall be president, who shall hold their offices for one year; and the said directors shall be chosen on the first Monday in May each and every year, at such time and place as shall be directed by the laws of

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