1838. number of shareholders who shall collectively be proprietors of at least one fourth of the whole number of shares sold and paid for, and the notice of said meeting shall be the same as Reservation. that prescribed for the annual meetings; and the Legislature reserves to itself the right to alter, modify or repeal this charter at pleasure. Approved February 1, 1838. CHAP. 705-AN ACT for the benefit of Abraham Miller. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract existing between Abraham Miller, and his wife Barbara Miller, be and the same is hereby forever dissolved, as relates to said Abraham, and he is hereby restored to all the rights and privileges of an unmarried man. Approved February 1, 1838. Town estab lished. Trustees. CHAP. 706--AN ACT to incorporate the town of Raywick, in Marion County. Be it enacted by the General Assembly of the Commonwealt of Kentucky, That the town of Raywick, in the county of Marion, shall be and the same is hereby established. SEC. 2. That H. S. Housley, William G. Beckett, Isaac Harris, Richard Watson, and James E. Brown, are hereby constituted and appointed Trustees for said town, who shall continue in office twelve months from and after the first Monday in April next, any three of whom may form a quorum to do business. SEC. 3. That said Trustees may fix the metes and bounds Town to be of said town, with the consent of the proprietors of the lands laid off and included, and have the same surveyed and plotted, laid out inplotted, and re- to streets, and alleys, and cross streets, as they may direct; which plats of the surveys of said town shall be recorded in the Clerk's office of the Marion County Court, within one hundred and twenty days from the passage of this act. corded. habitants may SEC. 4. That it shall and may be lawful for the free male inFree male in- habitants of the town of Raywick, who shall have attained the age of twenty one years, and who are entitled to vote for elect trustees. county representatives, and all other male persons who may have attained the aforesaid age, (negroes, mulattos and Indians excepted,) who own a town lot or lots in said town, to meet at some convenient house in said town, on the first Monday in April 1839, and on the first Monday in April in every year thereafter, and elect five Trustees for said town, to serve for one thereafter, and until their successors are duly elected. SEC. 5. That no person shall be elected a Trustee, or qualified to act as such, unless he shall have attained the age of Qualification of a trustee. twenty one years, and resided within the limits of said town, and be the owner of real property in said town. SEC. 6. That the Trustees appointed by this act, and their successors hereafter to be elected, before they act as such, shall take the following oath, to be administered by any Justice of the Peace: "You do swear (or affirm, as the case may be,) that you will well and truly discharge the duties of a Trustee of the town of Raywick, and that you will so far as comes within your knowledge, cause all persons to be proceeded against who violate the by-laws or ordinances of said town of Raywick, without favor, partiality or affection." Clerk may SEC. 7. That if the citizens of said town shall, at any time hereafter, fail to have an election on the day appointed by this hold the elecact, that then, and in that case, the Clerk, or any Trustee, tion. may, by giving ten days previous notice, have an election held for Trustees, which shall be as legal as though it had taken place on the day herein appointed. Trustees to meet and ap point officers. • Duties of the ap Penalty a SEC. S. That the said Trustees shall, on the first Saturday after their election, meet at some convenient house in said town, and at such other times and places as they may think necessary for the internal policy of said town; and that they shall, at their first meeting, choose a President of the Board, who shall hold his office until the next annual election: they officers shall, also, appoint one of their body a Treasurer, who shall, pointed. before he enters on his duties, give bond and security, payable to the President and his successors, in the penalty of three hundred dollars, conditioned for the faithful discharge of his duties as Treasurer; and the said Treasurer shall receive from the collector of the tax all moneys collected by him for town tax, or fines, and shall pay the same over to the order of the Board; and upon his failing or refusing to do so, the President may cause application to be made to the Marion County Court to render judgment against said Treasurer, and his securities, gainst Treasurfor the amount of money in his hands; and the said County er for failing to Court is authorized, upon ten days notice having been given pay over fines. to said Treasurer, and his securities, to enter a judgment against them for the amount of money which shall appear in the hands of said Treasurer, with thirty per cent thereon, damages and costs of the motion, and execution shall issue on said judgment forthwith, endorsed that no security of any kind shall be taken. The Trustees shall, at their first meeting, appoint a Clerk, who shall hold his office until the next annual election, but for good cause may be removed; and the Clerk, so appointed, before he enters upon the duties of his office, shall take an oath to be administered by the President of the Board, that he will, to the best of his skill and ability, make true entries, and that he will safely keep the books and papers given him in charge. SEC. 9. That the said Trustees shall have power to appoint an Assessor, annually, who shall be sworn to the faithful and impartial discharge of his duty. It shall be the duty of the Asses Assessor to and his duties be appointed, and powers. 1838. Trustees may tax. sor to make out and furnish to the Trustees, at such times as they may appoint, lists of the taxable property of each individual in said town, with the value attached thereto; and, also, a list of the lots, and the value thereof, which belong to individuals who do not reside in town. The Trustees shall, also, have power to appoint a Collector, annually, to collect the taxes assessed on the taxable property and tythes in said town, who shall give bond and security to the Trustees of said town for the faithful performance of his duty; and the said Collector shall have power to make distress and sale, if necessary, in the same manner as is now authorized by law, in regard to Sheriff's in collecting the revenue and county levy in this Commonwealth; and said Trustees shall allow to said Assessor and Collector an adequate compensation for their services. They shall, also, allow their Treasurer and Clerk such compensation for their services as they may deem reasonable and just. Sec. 10. That the said Trustees may enact such by-laws and ordinances, not contrary to the constitution and laws of nact by-laws. this Commonwealth, as they, in their discretion, may deem most expedient for the government of said town; and to impose fines and forfeitures for all breaches of the same. They shall, also, have power, annually, to lay and levy a tax on the And levy a inhabitants and real property of said town, provided the same shall not exceed fifty cents for each hundred dollars worth of real property, with a poll tax not exceeding one dollar and fifty cents, for each tytheable; and the said Trustees sh all have power to purchase or sell, and convey the titles to any lots in said town, in whom the same shall, upon their appointment, be vested; and to contract and be contracted with, to sue and be sued, plead and be impleaded, and to do all and singular the acts and things in their corporate capacity, concerning the premises, which individuals might lawfully do. May tax shows, &e. SEC. 11. That the Trustees of the town of Raywick shall have jurisdiction for one half mile in all directions from the town limits, over all shows and showmen of all descriptions, pedlars and auctioners, and all exhibitions and performances, where money is charged for admittance for a sight thereof, under such penalties as they may choose to impose; and it shall be the duty of all Justices of the Peace, in Marion county, to take jurisdiction of all offences against the provisions of this act; or against the laws and ordinances of the Board of Trustees, made by authority thereof, and to render judgment and award execution thereon; and all fines and penalties imposed by this act, or by the by-laws and ordinances of the Board of Trustees of the town of Raywick, shall be recoverable in the name of the Trustees of said town, and shall be applied by them in such manner as they may deem of the most importance to the general welfare of the citizens and the improvement of the town. SEC. 12. That in all elections for Trustees of the town of Raywick, voters, entitled to vote for the same, shall give their votes viva voce, the President of the Board and some Justice of the Peace to be the presiding officers; and so soon as the election is held, and over, the presiding officer shall return the polls to the Clerk of the Board, certifying to him who have received the highest number of votes polled at the said election, and who is, thereby, duly elected; and the said Clerk shall copy said polls into a book, to be kept by him for that purpose, and give notice, in writing, to each person elected as Trustee, of his election. SEC. 13. That in case of the death, resignation, or remov 1838. Election of Trustees, how conducted. Trustees may al, of any of the Trustees, or their successors, the remainder fill vacancies, of said Trustees shall have power to fill such vacancies, who shall hold their office until the next annual election. SEC. 14. That no Trustee of said town shall, by himself, contract for, or procure any other person to contract for him, for any public work let out or disposed of by the Board during his continuance in office. Appoint a SEC. 15. That the Trustees of said town may appoint a town Sergeant, who, upon oath, shall be required to give no- town sergeant, tice to some one member of the Board, of all persons who commit a breach of the laws or by-laws of said town, and whose duty it shall be to see that the provisions of this act, and the regulations made in pursuance thereof, is carried into effect; and the said Trustees shall allow him compensation for his services. Approved February 1, 1838. CHAP. 707--AN ACT to establish and incorporate the town of Oak Grove, in Christian County. Trustees ap -SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Samuel Gordon, Francis F. Buckner, Garrett Meriwether, Thomas Waggener, and John pointed. Moore, be and they are hereby constituted Trustees for the town of Oak Grove, which they are hereby authorized to lay off and establish on the farm of Samuel Gordon, in Christian county; and they, and their successors, shall be a body corporate, with perpetual succession, by the name and style of the Trustees of the town of Oak Grove, and by that name and style shall be capable of contracting and being contracted with, and of suing and being sued, and of making all such needful by-laws and regulations, for the grading and repairing the streets and alleys of said town, and the good order and government of the citizens thereof, which they may deem reasonable and proper to effect that object. SEC. 2. That the Trustees of said town shall have power to receive a conveyance, by donation or purchase, of any lot or lots of ground in or near said town for the purpose of erecting a school house, meeting house, or other necessary or needful May receive and hold real estate for certain purposes. 1838. ceedings. Shall cause a plat of the town public buildings, and may order, provide for, and contract for their erection. SEC. 3. That said Trustees shall have the right, and it shall Shall keep a be their duty, to keep a record of their proceedings; and cause record of pro- a survey and map of said town to be made, designating the boundaries, streets, alleys, and the numbers of the lots, and cause the same to be recorded in their record book, and, also, in the Clerk's office of the County Court of Christian; and they and their successors shall have the right and power to levy a tythe tax on the tythables in said town, not exceeding one dollar per annum, and an ad valorem tax on the real and personal estate in said town, liable to the State revenue, not exceeding thirty cents on the hundred dollars' worth of property, and to appropriate the same towards the improvement of said town. to be made and recorded. May levy a tax. Trustees to vacancies filled SEC. 4. That the free white male inhabitants in said town be electedi and shall have the right to meet, annually, on the second Monday in April of each year, at some public place in said town, to be designated by the Trustees, and, under the direction of two Trustees named by them, choose five Trustees for said town, who shall hold their office for one year and until their successors shall be chosen; and the Trustees of said town may supply any vacancy which may arise in their own body, until the next annual election; and the Legislature reserves the right to repeal or modify, this act. Approved February 1, 1838. CHAP. 708-AN ACT to legalize the proceedings of the County Court of Hardin, in regard to surveys and sales of vacant lands made in said County. WHEREAS, it is represented to the present General Assembly that the County Court of Hardin, acting under a misconstruction of the law, approved February 28th, 1835, appropriating the vacant lands in this Commonwealth, north and east of the Tennessee river, to the counties in which they lie, for the purpose of internal improvement, have, in many instances, upon application being made to them by persons to purchase portions of the vacant and unappropriated lands in said county, appointed the Surveyor of said county, or some one of his deputies, Commissioner, to value so much of said lands as might be surveyed by him for any individual, and required him to report the value, per acre, thereof to said court; but before the reports were returned by said Commissioners, the court revoked the order under which said Commissioners acted; hence many persons have been put to considerable trouble and expense, and cannot obtain a patent for those lands which have been surveyed and set apart for them by the aforesaid proceedings of the County Court-for remedy whereof, |