1838.

Powers of

tracted with, plead and be impleaded, in all courts; and to make all proper by-laws for the good government of the corporation and the management of its prudential concerns; and to regulate the time of electing officers, and the direction of corportion. affairs; and the mode and manner of transferring stock, and of making contracts of insurance; and all other matters and things relative to the business and interests of the corporation; also, to have and use a common seal.

tors.

First Presi

SEC. 2. That the management of the business and prudential concerns of this corporation shall be confided to a Presi- dent & Direcdent and six Directors, and Samuel McClarty shall be the first President, and Rowland Inghes, Joseph Allen, Richard M. Wathen, John McClarty, John A. Brown, and James Cox, shall be the first Directors; and said President and Directors shall keep a record of their proceedings, and proceed, as commissioners, to open books at such time and place as a majority of them shall determine, for the subscription of the stock; and as soon as the whole sum of one hundred thousand dollars

When to go

shall be subscribed, and ten dollars a share paid, a meeting of into operation. the stockholders shall be called by the President and Directors, in the town of Hardinsburg, ten days notice given, when the by-laws of the corporation shall be passed and the corporation go into full and active operation.

To have all

the Louisville

Marine Insurance Comp'y.

SEC. 3. That the Hardinsburg Fire and Marine Insurance Company shall have all the power and authority, and be sub- the powers of jected to all the penalties and restrictions, and entitled to all the benefits and advantages that the Louisville Marine and Fire Insurance Company are invested with by their charter, and the amendments thereto, to the same extent as though included verbatim in this charter.

Approved February 8, 1838.

CHAP. 748--AN ACT to prohibit slaves going as passengers on mail Stages,

and other coaches.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be unlawful for the owner and proprietors of any mail stage, or other coach, or railroad cars, to suffer or permit any slave or slaves to go as passengers therein, without a written request of their owners, or in the company of their owners, under the penalty of one hundred dollars for each slave taken contrary hereto; and, also, being liable to the owners for the full value of all slaves which may thereby escape from their owners, with such additional costs and damages as the owners may incur in attempting to recover such slaves.

Approved February 8, 1838.

of

1838.

The manner

acquiring right of way re

pealed.

CHAP. 749-AN ACT to amend an act, entitled, an act to improve the road from Franklin County to the Crab Orchard, in Lincoln County.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all laws, and parts of laws, prescribing the manner in which the Board of Internal Improvement for the county of Mercer shall proceed in acquiring the right of way, and in appropriating the necessary materials through and upon the lands of such person or persons as may refuse or decline to relinquish or surrender such right of way, or materials to said Board, for the construction of said road, from Franklin county to the Crab Orchard, in Lincoln county, shall be and the same are hereby repealed, and that in lieu thereof, the said Board of Internal Improvement for Mercer county, in acquiring the right of way and materials requisite and necessary for the construction of said road, shall, in all respects, be governed by the provisions of the 15th, 16th, 17th, tions of Dan. 18th, 19th, 20th, 21st, and 2d sections of an act to incorporrate the Danville, Lancaster and Nicholasville Turnpike Company, approved February 22d, 1834; which said several sections are, so far as they relate to that object, hereby made and declared to apply to the Board of Internal Improvement for Mercer county, and to the road aforesaid from Franklin county to the Crab Orchard, in Lincoln county, now constructing by said Board, in as full and ample a manner as if the same had been at length incorporated in and compose a part of this act, incorporating the said Board of Internal Improvement for Mercer county.

Certain sec

ville road

dopted.

SEC. 2. That in case any person or persons shall, directly or indirectly, assault, obstruct, hinder, or delay, or threaten with force or violence, any of the agents, servants or officers of the said Board, or the said Commissioners authorized to be appointed by this act, or any Engineer, superintendent or contractor upon said road, or their laborers or hands, in exercising the rights or executing the duties devolved upon them by this act, and the act to which this is an amendment, or shall injure, or attempt to injure, any of their instruments, tools, wagons, carts, or stock, any Justice of the Peace for Mercer county shall and may at any time, upon complaint to him made upon oath, proceed to issue his warrant for the apprehension of the offender, and when brought before him to require of him or them surety for the peace, in the same manner as now provided by law.

Approved February 8, 1838.

CHAP. 750-AN ACT to amend the charter of the Versailles and Anderson

Turnpike Road Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the President and Man

agers of the Versailles and Anderson Turnpike Road Company, to locate a gate on said road, when completed, at any point on said road west of the junction of the Sublett's Ferry road with said turnpike road, any law to the contrary notwithstanding.

Approved February 8, 1838.

1838.

CHAP. 751-AN ACT allowing Presley Smith a change of venue.

cer.

SEC. 1. Be it enacted by the General Assembly of the ComMay elect to monwealth of Kentucky, That upon calling of the indictment tried in Spennow pending in the Washington Circuit Court against Presley C. Smith, for the murder of Kidwell, at the next term of said court, the said Smith shall have a right to elect to be tried upon said indictment in the county of Spencer; and, upon his making his election to be tried in said county, it shall be the duty of the court to cause the consent and election of said Smith to be entered on the records of said court: and the Judge of the Washington Circuit Court shall have power to take from said Smith a recognizance for his appearance, on the first day of the term of the Spencer Circuit Court to be held next thereafter; it shall also, be the duty of said court to recognize the witnesses for the Commonwealth to appear in said court at the same time.

And to be

recognized

to

appear in that

court.

pers.

Clerk of

pa

SEC. 2. That it shall be the duty of the Clerk of the Washington Circuit Court to transmit to the Clerk of the Spencer Washington to Circuit Court the indictment and recognizance, and all other transmit papers connected with said prosecution; and it shall be the duty of all the witnesses, as well for the Commonwealth as for the accused, to attend on the first day of the Spencer Circuit Court to be held next thereafter.

Spencer court

to have jurisdiction of the

case.

SEC. 3. That if the said Smith shall elect to be tried in the Spencer Circuit Court, and so soon as the papers are transmitted to the Clerk of said Court, together with a copy of the order in relation to the consent and election aforesaid, then the Spencer Circuit Court shall have full and ample power to take jurisdiction of the offence, and to take all necessary steps for the trial of said Smith, as fully as though the offence had been committed in the said county of Spencer; and shall have power to compel the attendance of witnesses, and to do all other matters and things in relation to said trial in as full and ample a manner as if the alleged offence had been committed in said county: and if the indictment should prove defective, another taken in case may be found in said Circuit. That if any exception shall be the proceedings taken to the proceedings by the said Smith, by reason whereof are defective. the court shall be of opinion the trial cannot be legally had in the Circuit to which the venue is changed by this act, it shall be the duty of the court to recognize the said Smith for trial in the county in which the alleged offence was committed; or

Course to be

1838.

in default of his entering into a recognizance for his appearance in said county, then he shall be ordered to stand committed to the jail of the county in which the offence was committed, for trial, and shall be remanded to said jail.

Approved February 8, 1838.

CHAP 752-AN ACT to increase the compensation for taking up fugitive slaves from this Commonwealth.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the compensation for apprehending fugitive slaves taken without this Commonwealth, and in a State where slavery is not tolerated by law, shall be one hundred dollars, on the delivery to the owner at his residence within the Commonwealth, and seventy five dollars if lodged in the jail of any county in this Commonwealth, and the owner be notified so as to be able to reclaim the slave.

Approved February 8, 1838.

corporated.

CHAP. 753--AN ACT to incorporate the Jefferson Gardening and Silk Company.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Theodore S. Bell, and his assoCompany in- ciates, shall be and they are hereby created a body politic and corporate, by the name of the Jefferson Gardening and Silk Company, and by that name and style, he and his associates, and their successors and assigns, shall and may have continued succession, and capable in law of suing and being sued, and of pleading and being impleaded, in all courts; and of taking and holding lands and tenements, not exceeding five hundred acres, and goods and chattels, machinery and personal Amount of estate, not exceeding twenty thousand dollars, and making all property they contracts proper to carry into effect the objects of this act; also, all proper by-laws for the management of the corporation, and the management of its prudential concerns, and generally to do and perform all and every thing that a corporation, for the purposes of this act, may lawfully do.

may hold.

number

shares.

SEC. 2. That the capital stock of the company shall not exCapital and ceed one hundred thousand dollars, and shall be divided into of shares of one hundred dollars each, and which the said Bell, and his associates, may raise by subscription, in such time and in such manner, as he or they may deem best; and payable in such manner and such instalments as may be agreed on; and the stock shall be personal estate, and shall be transferrable on the records of the corporation, in such manner as the by-laws shall direct; and each share shall entitle the holder to one vote in elections or meetings of the company.

SEC. 3. That so soon as ten thousand dollars shall be raised,

sed.

1838.

Company

when

Business of

by subscription or otherwise, a meeting shall be called, on reasonable notice, and a President and two managers shall be chosen, to whom shall be confided the affairs of the company; may be organthe duration of the office of President and managers, and the ized, time and place of election, shall be prescribed by the by-laws. $10,000 is raiSEC. 4. That it shall be the business of the Jefferson Gardening and Silk Company to introduce, as far as practicable, the culture of the mulberry tree, and the cultivation and man- the company. ufacture of silk in this Commonwealth; also, the sugar beet, and the manufacture of sugar from the beet, and, also, the cultivation of the tea plant: and in consideration of the grant of this charter, it shall be the duty of the company to make an annual report to the Legislature of the condition of their business, and all the information which they may acquire on the several subjects, and the benefits and advantages likely to accrue from their introduction; and all such other information tending to the introduction of new articles of adventure that they may obtain.

Approved February 8, 1838.

To make an

nual reports to the Legislature.

CHAP. 754-AN ACT to continue in force an act for the benefit of the holders of
Headright Certificates.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, an act for the benefit of the holders of headright certificates, approved January the twenty first, one thousand eight hundred and thirty seven, shall be and the same is hereby continued in force for one year from the seventh of February, one thousand eight hundred and thirty eight.

Approved Februay 8, 1838.

CHAP. 755 AN ACT concerning the Court of Appeals.

terms.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Court of Appeals of the Commonwealth of Kentucky shall continue in session, at each term, not less than forty eight juridical days. The cases on the docket shall be distributed throughout the forty eight days as nearly equal in number and magnitude as may be, and shall be called and heard on the respective days they are set for, set. unless continued or postponed, or unless taken up and heard at an earlier day, by consent of the court and the counsel.

Length of

Causes to be

When causes

SEC. 2. That the causes shall be decided by the court at the term at which they are heard, unless the court shall order a re- to be decided. argument at the next term.

SEC. 3. That any person or persons may, on executing bond and filing the record and assigning errors, as now required by