AN ACT to reduce the corporate limits of the town of Monticello. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, an act to extend the limits of the town of Monticello, and to amend the laws in relation thereto, approved March 4, 1850, be and the same is hereby repealed, so far as the limits of said town were extended by said act, and no further.

Approved January 21, 1851.

CHAPTER 152.

AN ACT to authorize the county court of Nicholas county to change, alter, or discontinue a state road in said county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the state road from Paris, in Bourbon county, by the mouth of Fleming, Flemingsburg, and the Ohio salt licks, in Lewis county, to meet the Virginia state road at the mouth of Big Sandy, established by an act, entitled, "an act for opening and establishing a state road," approved February 16, 1808, as lies within the limits of Nicholas county, be placed under the jurisdiction and control of the county court of said county, according to the provisions of the laws regulating other public county roads; and that said court shall have power to change, alter, or discontinue any portion of said state road, in said county, under the same rules, regulations, and restrictions which apply to other public roads over which said court has jurisdiction.

Approved January 21, 1851.

lished.

CHAPTER 153.

AN ACT to establish the Police Court of Flemingsburg.

§ 1. Be it enacted by the General Assembly of the CommonCourt estab wealth of Kentucky, That there is hereby established, in thẹ town of Flemingsburg, a court to be called the police court of Flemingsburg, the judge and marshal of which shall be elected in the manner, at the times, and for the terms pointed out in the constitution.

and powers.

§ 2. The said court shall have jurisdiction of all violaJurisdiction tions of the ordinances of the town of Flemingsburg, and shall also have all the jurisdiction, powers, and authority, and be subject to all the restrictions of justices of the peace, as now prescribed by law; and all laws hereafter enacted, changing, enlarging, or otherwise affecting the jurisdiction of justices of the peace, except when otherwise directed, shall be applicable to said police court and the officers thereof.

1851.

How judge

3. The judge of said court shall be removable in the same manner and for the same causes that justices of the peace are now, or may hereafter be removable. He shall may be removed have the same fees that justices of the peace may be entitled to for like services, and shall have power and authority to grant attachments, injunctions, restraining orders, writs of habeas corpus and ne exeat, and to administer oaths and affidavits, and certify the same; and for writing an affidavit, he shall be paid by the party procuring it, ten cents for his services. He shall be a conservator of the peace for the county of Fleming, and his jurisdiction shall extend over the county of Fleming in like manner and extent with that of justices of the peace.

4. That said court shall be a court for the examination Further powers. and commitment of persons charged with violations of the penal laws of this commonwealth, with the powers and under the restrictions of other courts of this commonwealth having the same authority.

§ 5. The judge of said court shall keep his own records, and shall be subject to the same penalties imposed on justices of the peace for a violation of his duty. He shall keep a docket of causes in the order in which they are tried, showing the various steps taken therein, the judgment, issual, and return of executions, and shall safely keep all papers in every cause tried by him, and make a complete index to his records and execution book, which latter shall be separate and distinct from the record book or docket..

6. Appeals may be taken from the judgment of said court in the same manner and under like restrictions as are taken from the judgments of justices of the peace, and to the courts having like jurisdiction of them.

7. The marshal of said court shall have the same power and authority, and be subject to the same penalties and restrictions, that constables are, and shall have the same fees for similar services that constables may, by law, be entitled to. He shall execute all the writs and precepts of said court; but in cases of great urgency, in the absence of the marshal, or where he is personally interested, the said court may direct the same to the sheriff, coroner, any constable, or other ministerial officer of the county, who shall have the same power in such cases, and be subject to the like restrictions, as the marshal of said court.

Elis duties.

Appeals, how taken.

Powers and duties of mar. shal.

Officers to reside in Flem

8. The officers of said court shall reside within the corporate limits of the town of Flemingsburg; and the ingsburg. judge of said court shall possess the same qualifications as those of a justice of the peace, and the marshal those of a constable, as required by the constitution.

Election, when

9. The first election of officers of said court shall be held on the second Monday in May, 1851, at which time to be held. this act shall go into operation; and the judge of said court

1851.

first elected shall go out of office on the first Monday in August, 1854, and the marshal shall go out of office at the same time with the sheriff elected in May, 1851. The subsequent elections for said officers shall be at the times, places, and in the manner prescribed by the constitution. Approved January 21, 1851.

CHAPTER 154.

AN ACT to authorize the trustees of Paris to levy a tax upon the property of the citizens of said town, and upon the property within a mile of said town, to aid in the construction of the Covington and Lexington Railroad.

Whereas, the people of the town of Paris, in consideration of the great advantages which will result to them by the construction of the Covington and Lexington railroad through said town, have petioned this general assembly to levy a tax upon them to aid in said work. Therefore,

§ 1. Be it enacted by the General Assembly of the CommonMay levy a tax. wealth of Kentucky, That the trustees of the town of Paris be authorized, and they are hereby required to levy upon all property and estate of every description, and all money and debts, and every other right and thing that is liable to be taxed for state revenue, a tax to be paid by the owners thereof, at the rate of one per centum per annum upon the value thereof, for and during the period of three years in succession, the year 1851 to be the first year of the three : Provided, that no visible property shall be subject to taxation, under this section, unless it be within the limits of the said town of Paris, nor shall anything invisible be taxed unless the owner reside within the limits thereof.

May tax pro perty outside of

said town.

Proviso.

2. And whereas, the citizens residing outside of said town, and within one mile from the limits thereof, from the like consideration, have almost unanimously petitioned the general assembly to pass a law directing the trustees of said town to levy upon them a similar tax for a like purpose-Be it further enacted, that the said trustees of Paris be authorized, and they are hereby required to levy a tax, at the same rate and for the same period, upon all estate and property of every description, and all money and debts, and every right and thing, situate and being without the limits of the town of Paris, and within a mile therefrom, the said tax to be paid by the owners thereof, subject to the like exceptions provided for in the first section of this act: and, provided further, that any person who may be liable to the payment of taxes, under this section of this act, and who may not have petitioned so to be taxed, shall, upon filing a protest, in writing, against the payment of the same, with the said trustees, be exempt from the payment thereof.

1851.

Assessor and

appointed.

§3. That the said trustees shall have power to appoint an assessor and collector of tax, under this act; and all laws regulating the powers and duties of commissioners collector to be and collectors of the state revenue, and to compel lists of taxable property to be given by the owners thereof, shall be applicable to the aforesaid assessor and collector, and to every person subject to be charged with the payment of tax under this act.

§ 4. That tax payers, under the provisions of this act, may pay their tax to the treasurer of the town of Paris, on or before the first day of September of each year, and after that day a list of all such as may not have paid their tax to the treasurer, as aforesaid, together with the amount of tax due by them, shall be placed by the board of trustees in the hands of the town collector, whose duty it shall be to collect the amount due on said list, and pay the same to the treasurer on or before the first day of January next after he shall have received said list; and as a compensation for collecting the same, he shall be entitled to receive and collect from each tax payer seven per cent. upon and in addition to the amount of his or her tax.

§ 4. That when said tax shall have been annually collected, the said trustees shall subscribe its net amount as capital stock in the said Covington and Lexington railroad company, and pay the same to the proper officer thereof; and thereupon, all persons who may have paid any part thereof, or the legal representative of such person, shall be entitled, like other stockholders, to a certificate of stock to the amount of net tax such person may have so paid; and such persons as may have subscribed and paid stock in said company, shall be credited by the amount he or she has so paid.

§ 5. That said trustees shall require the collector and treasurer to enter into bond, with sufficient penalty and good surety, conditioned that they will severally discharge the duties required of them by this act, and by such orders of the board of trustees as shall be made in accordance therewith.

§ 6. That any certificate of stock obtained by any tax payer under this act, may be transferred by written assignment thereon, and such assignment shall convey to the assignee of said certificate all the rights and immunities that belonged to the original owner thereof.

Approved January 21, 1851.

Tax may be paid to treasurer

of Paris.

Amount of said

tax to be subscribed to Cov.

ington and Lex

ington railroad.

To give bond.

Certificates transferable.

CHAPTER 155.

AN ACT to incorporate the Henry Female College.

Whereas, it is represented to the general assembly, that Samuel Sumner has established a large female school at

1851.

porated.

New Castle, in the county of Henry, which promises great usefulness to that portion of the state, and that, with the aid afforded him by the citizens of said town and vicinity, he has now in progress of construction a large edifice, in which to conduct said school, and said Sumner being desirous of having said institution incorporated, with appropriate powers and privileges, and said house being still unfinished and the school without a library, apparatus, or means. Therefore,

§ 1. Be it enacted by the General Assembly of the CommonTrustees incor. wealth of Kentucky, That a college of learning be established in the county of Henry, at New Castle, to be called and known by the name of the Henry female college, and that Daniel Brannin, E. F. Nuttall, C. M. Matthews, William Smith, and W. A. Perry be and they are hereby constituted a body politic and corporate, to be known by the name and style of the trustees of the Henry female college, and by that name shall have perpetual succession, and a common seal.

how filled.

estate.

§ 2. That upon the death, resignation, or removal of any Vacancies, of said trustees, or their successors, a majority of those remaining shall have power to fill any such vacancy or vacancies; and the person or persons, so appointed, shall possess the same powers and privileges, as if named in this act; and, by the name and style aforesaid, may sue and be sued, plead and be impleaded, and defend and be defended, in any court of law or equity.

§ 3. That the said trustees and their successors shall have May hold real power, and they are hereby authorized to purchase, receive, and hold any lands, goods, chattels, or any other property or thing, and also to receive donations of money, lands or other property for the use of said college, and to control the use and management of the same.

§ 4. That it shall be the duty of said trustees to assemble Meetings of at least once in every three months, or oftener, if they think

the trustees.

May elect offi cers, &c.

proper, and make such examination into the progress of the students, management of the school, and the general concerns of the institution as they may deem necessary.

§ 5. That a majority of said trustees shall form a quorum to do business; and they shall have power, from time to time, to elect officers in said board, fill vacancies, fix the time of office, and make such by-laws as may be necessary for their own government, and not inconsistent with the laws of this state, or their powers as trustees.

§ 6. That all the funds, property, &c., which may come How funds to into the hands of said trustees, under the provisions of this act, shall be used for educational purposes, and the permanent advancement and interests of said college.

be applied.

§ 7. That said trustees shall have power, and they are May confer hereby authorized to confer on such pupils in said college as they may deem worthy, from time to time, any and all

degrees.