1851.

execute bond.

general school fund. The treasurer shall execute bond, Treasurer to in the penalty of ten thousand dollars, payable to the city of Newport, with security, to be approved of by the board of trustees and visitors aforesaid, conditioned for the safe keeping and disbursement of such funds as may come into his hands, according to the order of said trustees and visitors, and shall report the amount and condition of said fund, whenever called on by said board, and to be liable to a motion on his bond before the mayor of said city, with twenty per centum damages on the amount improperly withheld or in his hands, for any failure to execute the duties of treasurer as provided for in this act.

Board to ap point president; their powers.

ally to common council.

§ 5. That said board shall appoint a president, and appoint the time and place of meeting; a majority of them shall constitute a quorum to transact business, and shall have power to fill all vacancies which may occur in their body by death, resignation, or otherwise; and shall have power to pass such by-laws, rules, and regulations for their own government, and for the government of said schools and academy, not inconsistent with this act and the constitution of Kentucky, as they may deem proper; and shall keep a record of their proceedings in a book provided for that purpose.

§ 6. That the said board of school trustees and visitors Report annu shall, on or before the first day of April, annually, report to the common council of said city the expenditures of the preceding year, and an estimate of the amount necessary to support the schools for the ensuing year, which amount shall not exceed ten cents on each one hundred dollars worth of property now assessed in each year for city revenue purposes; and the amount thus called for shall be paid over by the treasurer of the city of Newport, to the treasurer of said school fund, by the first day of September of each year, or so soon thereafter as the same shall have been collected.

tees may hold 1nds and erect buildings.

§ 7. That the said trustees and visitors shall have auBoard of trus thority to purchase, or lease for a term of years, or receive as a donation, for the use of said schools, such additional lots of land as may be required for the schools of said city; and shall cause to be erected such buildings as may be necessary for the use of the public schools and academy aforesaid, the purchase money or rent of said ground, and the cost of erecting the buildings thereon, shall be paid out of the funds provided for in the sixth section of this act; and the property heretofore purchased, or donated, or which may hereafter be purchased or donated shall, not be liable for the debts of the city of Newport.

§ 8. That the said board of trustees and visitors shall Have control have the superintendence and control of all the public over all public schools now organized, or which may hereafter be organized and supported, under and by virtue of this act, in the

schools in said city.

city of Newport; and it shall be their duty to employ all teachers and instructors, and fix their salaries, provide for annual and semi-annual examinations of the schools, fix the time and duration of vacations, and shall publish at the end of each year, a report of the condition of the schools under their charge, for the information of the citizens of said city.

1851.

Said schools at

free.

§ 9. That said schools and academy shall at all times be equally free and accessible to all white children of not less all times to be than six nor over seventeen years of age, who may reside within the corporate limits of the city of Newport, subject, however, to such rules and regulations for their government and instruction as the trustees and visitors may from time to time adopt.

§ 10. That there shall be appointed annually by said board of trustees and visitors, three competent persons, to be denominated "the board of examiners," whose duty shall be to examine such persons as apply to be employed as teachers, and shall grant certificates of qualification to such as they may find entitled to the same; and said board of trustees and visitors shall not employ any person as teacher who has not first obtained such certificate.

Appoint board of examiners.

Fines of the city to be for the schools.

§ 11. That all fines and forfeitures, tavern and coffeehouse licenses, that may be collected by the authorities of use of the public the city of Newport under any law imposing a fine or tax, and all fines collected under the city ordinances, are hereby appropriated to the use of the public schools, as aforesaid, if required by said board of trustees and visitors; and it is hereby made the duty of the mayor and clerk of the city of Newport to pay over to the treasurer of public schools, such sum or sums of money as may from time to time come into their hands from taxes on taverns and coffee house licenses, and fines and penalties, as above appropriated to public schools, if required by the board of trustees and visitors.

Common coun cil not to divert

§ 12. That the common council of the city of Newport shall not use or appropriate the funds, or any part thereof, said funds. which have been set apart by this act for the benefit of public schools, but shall regularly and faithfully cause the same to be paid over as herein provided.

§ 13. That all acts or parts of acts coming within the purview of this act are hereby repealed.

Approved December 2, 1851.

Former acts repealed.

CHAPTER 68.

AN ACT for the benefit of mechanics in Monroe county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the provisions of an act, approved 1st February, 1839, entitled, an act for the benefit of the me

1851.

chanics of Maysville, shall be and the same are hereby extended to the county of Monroe.

Approved December 2, 1851.

CHAPTER 70.

AN ACT repealing all acts permitting the County Court of Larue to subscribe stock in any railroad or turnpike companies.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all acts and parts of acts permitting the county court of Larue county to subscribe stock in any railroad or turnpike road company, be and the same are hereby repealed, so far as the same, in any or all their provisions, are applicable to said county of Larue.

Approved December 2, 1851.

CHAPTER 71.

AN ACT to allow the Taylorsville and Louisville Turnpike Company to erect a gate near Jeffersontown.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Taylorsville and Louisville turnpike road company to erect and keep a gate for the collection of tolls within less than one mile of the town of Jeffersontown, in Jefferson county; Provided, however, that they shall not exact the payment of tolls at said gate from any person living in said town, or within one mile of the same, on that side of the town on which said gate is erected.

Approved December 2, 1851.

CHAPTER 72.

AN ACT for closing up certain old roads in Fleming county. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the several turnpike road companies, in the county of Fleming, be and they are hereby vested with power, as they shall severally complete their respective roads and have the same ready for travel, to close up, or cause to be closed, all or any portion of the old road not occupied by the turnpike, as may be superseded by the construction of said turnpike roads.

§ 2. That any person or persons owning the land, or any part thereof, of the old road not occupied, but left out by the turnpike road running upon other ground near or adjacent, may, when said part of the turnpike near said portion of the old road is finished and put in use by the company, close up all such parts of the old road as may be in

cluded in his or her lands, and superseded by the turnpike road: Provided, that said companies shall not close up said old roads, upon the line of which the turnpike road runs, after the turnpike leaves the same, and does not again touch or intersect said old road before its termination, nor any other road than that upon which the turnpike runs and occasionally intersects, at short distances, unless the county court shall so direct, after giving legal notice of the proposed change.

§ 3. That no toll shall be taken or demanded from any person passing or repassing from one part of his farm to another, or to or from any funeral, or neighborhood church, or school house, or from militia men on days of training, or when attending courts martial, or from electors going to or returning from elections, or from any person going to or returning from mill on horseback.

Approved December 2, 1851.

1851.

Proviso.

Certain per sons exempt from tolls.

CHAPTER 73.

Members in

Corporate

name and pow

ers.

AN ACT to incorporate the St. Joseph's Orphan's Society, of Louisville, § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of St. Joseph's or- corporated. phan's society, of Louisville, be and they are hereby created a body politic and corporate, by the name and style of St. Joseph's orphan's society, of Louisville, with perpetual succession, and by that name shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of purchasing and holding all such real and personal estate as may be necessary and required for the use and accommodation of said society. They shall have power to receive all necessary conveyan ces, to sell, convey, and dispose of all such real and personal estate as they may now have, or hereafter acquire: Provided, the amount vested in real estate, exclusive of the buildings thereon, shall not, at any time, exceed the sum of ten thousand dollars.

Power vested

managers.

§2. That the management of the concerns of said corporation shall be and is hereby confided to the present in a board of president, secretary, treasurer, and managers, and their successors in office, as trustees, who shall have power to make all contracts pertaining to the real and personal estate, in all respects, either in purchasing, building, or renting, or for any other purpose, which shall be binding and obligatory upon said society, when made in pursuance of the rules, by-laws, and instructions of said society; and service of process or notice on any of said trustees, shall be sufficient notice to said corporation.

May pass by

§3. That said society may, at any time, pass such bylaws, rules, and regulations, not inconsistent with the con- laws. &c.

1851.

stitution and laws of this state, as may be necessary for the protection, management, and safe-keeping of the property of said society; and any money received for any trespass or injury done on or to the property aforesaid, shall be for the use and benefit of said society, and be so applied.

§ 4. That said corporation shall have power to adopt, Cominon seal. make, and use a common seal, and the same to break, alter, or amend at pleasure.

§ 5. That the objects of this corporation are only to enable said society to hold and manage the property thereof; and this act, and the powers hereby granted, shall not be employed for any other purpose; and the general assembly hereby reserves the right to change, alter, or amend this act at pleasure.

Approved December 2, 1851.

CHAPTER 75,

AN ACT to empower the Trustees of Williamsburg to sell a portion of a street in said town.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of the town of Williamsburg, in Whitley county, after the first day of December, 1851, shall have power to sell and convey all that part of the street running east and west, in front of Brawner's store and Moss's dwelling house, which lies west of the street running north and south and in front of Brawner's dwelling house, and apply the proceeds of the sale thereof to the henefit of said town: Provided, that no sale be valid, unless the written consent of the owners of property adjoining the part sold shall be first obtained, which shall be acknowledged or proven as a deed, and recorded with the conveyance.

Approved December 2, 1851.

CHAPTER 76.

AN ACT to amend an act, entitled, an act to amend the laws regulating the town of Millersburg, in the county of Bourbon.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the fines, penalties, and forfeitures that may accrue in the town of Millersburg, and within one half mile from the limits thereof, except those which, by law, are directed to be paid into the public treasury, shall be paid over to the treasurer of said town, for the use and benefit thereof, to be applied to the working and improvement of the streets and alleys of said town. Approved December 2, 1851.