such literary honors and degrees as, in their judgment, may be proper, or as are usually conferred in the best institutions of learning.

1851.

Approved January 21, 1851,

CHAPTER 156.

AN ACT for the benefit of the Clerk of the Union County Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for James R. Hughes, clerk of the Union county court, to renew his official bond at the February, March, or April term, 1851, of said court, which shall be as valid as if executed at the time now required by law.

Approved January 21, 1851.

CHAPTER 157.

AN ACT to enlarge the limits of the Town of New Market, in Marion county.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the limits of the town of New Market, in Marion county, be so enlarged as to include the residence of Edward Webb; also, all the land on the north side of the Green river road, adjoining said town, belonging to William Smith, to the New School Presbyterian church lot, running back from main street in front to the original limits of said town, and also the Presbyterian church lot.

§2. That the number of trustees of said town be reduced from five to three; and that the next election to be held for trustees in said town shall be held in New Market on the first Monday in March next, and thereafter on that day in each year.

3. That an act, entitled, an act to amend an act, approved February 29, 1836, concerning the town of New Market, in Marion county, be and the same is hereby repealed.

Approved January 21, 1852.

CHAPTER 158.

AN ACT to incorporate Somerset Royal Arch Chapter, No. 25. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the provisions of an act, entitled, an act to incorporate Pulaski lodge, No. 111, approved November 22, 1850, shall be and the same are hereby enacted and adopted for the incorporation and government of Somerset royal arch chapter, No. 25, of Somerset, Pulaski county. Approved January 21, 1851.

AN ACT to incorporate Curd Lodge, No. 175.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the provisions of an act, entitled, an act to incorporate Pulaski lodge, No. 111, approved November 22, 1850, shall be and the same are hereby enacted and adopted for the incorporation and government of Curd lodge, No. 175, of free and accepted masons, of Somerset, Pulaski county.

Approved January 21, 1851.

CHAPTER 160,

AN ACT for the benefit of Allen C. Scott.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the register of the land office of the state of Kentucky be and he is hereby authorized and directed to alter and change a patent, which issued from his office on the 28th day of December, 1848, in the name of Allen W. Scott, assignee of Gabriel Scott, assignee of John Scott, sr., for two hundred acres of land, lying in the county of Cumberland, on the waters of Sulphur Lick creek, No. 16,520, so as to read "Allen C. Scott, assignee of Nathaniel Scott, assignee of John Scott, sr.;" and, also, to make the records of his office conform to said alteration; and that said register issue a patent to said Allen C. Scott, assignee, in pursuance of said alteration; and that said patent, which issued as aforesaid, on the 28th day of December, 1848, be and the same is hereby declared null and void.

CHAPTER 161.

Approved January 23, 1851.

How proceeds of sale to be ap

plied.

AN ACT to amend an act, entitled, an act for the benefit of the Laurel county Seminary, approved February 28, 1835.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when the county court of Laurel shall sell and dispose of the seminary lands, located and granted for the benefit of said county, as is directed and authorized by an act of the general assembly, entitled, an act for the benefit of the Laurel county seminary, approved February 28, 1835, the money arising therefrom shall be forever dedicated and set apart as a fund for the purpose of education, for the use and benefit of the children of the county of Laurel.

§ 2. That when the funds shall be realized, it shall be the duty of said county court to invest the same in Kentucky the bank stock, or in state bonds of Kentucky, or some other

County court

to invest same.

investment that shall be considered safe, so as to perpetuate said fund; which investment shall be taken, received, and held in the name of the county court of Laurel.

3. That all interest or dividends, arising from said investment, shall be distributed among the several school districts in said county, in the same manner, and under the restrictions that are prescribed by law for the distribution of the common school fund among the several school districts of this state; and in case any school district in said county shall fail to draw its proportion of said fund, by reason of its failure to teach a school in said district, as now required by law, the said amount shall be re-invested by said court, as before directed, for the use and benefit of the common school fund of said county.

Approved January 21, 1851.

1851.

How interest to be applied.

CHAPTER 162.

AN ACT to incorporate Wayne Lodge, No. 119, of Free and Accepted Ma

sons.

Members in

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of Wayne lodge, No. chrporated, 119, of free and accepted masons, in the county of Wayne, be and they are hereby created a body politic and corporate, by the name and style of Wayne lodge, No. 119, with perpetual succession, and, by that name and style, shall be capable of contracting and being contracted with, of suing and being sued, of purchasing and holding all such real and personal estate as may be required for the use of said lodge; to receive all necessary conveyances; to sell, convey, and dispose of all such real or personal estate as they may now have, or hereafter acquire: Provided, the amount vested in real estate, exclusive of buildings thereon, shall at no time exceed ten thousand dollars.

§ 2. That the management of the concerns of said corporation shall be and is hereby confided to the master and wardens of said lodge, for the time being, and their successors in office, trustees thereof, who, or a majority of them, shall have full power to make all contracts pertaining to the real or personal estate of said lodge, and to make bylaws for the regulation and government of said lodge, not contrary to the constitution of the United States, and the constitution and laws of this state.

§ 3. The legislature hereby reserves the right to repeal or change this act at pleasure. Approved January 25, 1851.

Master and Wärdens to

manage its con

cerns.

CHAPTER 163.

AN ACT to authorize the county of Fayette and City of Lexington to subscribe stock in Railroad Companies.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That whenever any company, incorpo rated to construct a railroad on which the city of Lexington shall be a point, shall request the county court of Fayette county to subscribe, either absolutely or upon specified conditions, the bonds of said county, for any portion of the capital stock of such company, not exceeding two hundred thousand dollars in amount, the county court shall, within sixty days thereafter, on a day to be by it appointed, cause a vote of the people of the county to be taken at the several election precincts in the county, and in the city of Lexington, upon the question whether or not the court shall subscribe the proposed amount of stock; or, if the request shall be for a conditional subscription, whether or not the court shall subscribe the stock on the proposed conditions; and if, before such vote is taken, the company making the request shall deem it advisable to postpone said vote to any other day, and if, upon motion, the county court shall approve said postponement, the said vote may be so postponed, due notice being given thereof in the newspapers of the county: Provided, that no company shall have authority, by this act, to make more than two requests of the county court of Fayette county, nor shall more than two votes be had upon any one road: Provided, further, that the conditions upon which the subscription may be asked shall not in any manner propose to change, alter, or affect any of the provisions of the charter of the company asking the subscription.

§ 2. That when the county court shall fix the day for taking any such vote as is above provided for, it shall appoint the judges and other officers necessary to conduct the election, and the return thereof shall be made to the clerk of the county court within ten days after the same shall be held. § 3. That at its next term the court shall order the vote for and against the subscription to be entered on its record; and if a majority of the votes cast shall appear to be in favor of the subscription, the court shall order its clerk to make it forthwith, in the name of the county, and in accordance with the vote.

§ 4. That when any such subscription shall be made, the bonds shall be executed, under the scal of the county court, signed by the presiding judge thereof, and countersigned by the clerk. They shall be negotiable and payable to the railroad company for whose stock they shall be subscribed, in the city of New York, thirty years after date, and shall bear interest from date at the rate of six per cent. per an

num.

5. That the times at which said bonds shall be issued shall be fixed in the request of the railroad company to the county court, except that not more than half the amount of bonds subscribed to any company shall be issued to it in one year.

§ 6. That after any such subscription shall be made, the commissioners of tax for the county of Fayette shall distinguish, in their tax lists, between the property listed, both real and personal, which is most usually kept in said county, and that which lies or is most usually kept in any other county.

§ 7. That, until the dividends on the stock subscribed for shall be sufficient to pay the interest on the bonds above mentioned, the county court shall levy a tax on the property, both real and personal, as listed for state purposes, which shall lie or be most usually kept in said county, suffi cient, after making a reasonable allowance for delinquencies, to pay said interest, or such part thereof as such dividends shall be at any time insufficient to pay; and said levy shall include the amount given in under the equalization law.

§ 8. That, within twenty days after the election of the county judge and justices of the peace, under the new constitution, if any such tax as is above provided for shall have been levied, and if no such tax shall have been by that time levied, then within twenty days after any such shall be levied, the presiding judge of the county court shall summons the justices of the peace of the county to meet together, on a day to be by him appointed, to elect three persons, who shall be called the commissioners of the sinking fund of Fayette county. One of said commissioners shall hold his office for one year, another for two years, and another for three years, the term of each to be decided by lot. And annually, after the first election, the justices of the peace shall reassemble and elect a commissioner to fill the place of the one whose term shall then expire, and such commissioner shall serve for three years.

To appoint a

§ 9. That said commissioners shall annually appoint one of their number treasurer; and such treasurer, before he treasurer. receives any moneys under the provisions of this act, shall execute bond with surety, to be approved by the county court, in double the sum which shall be expected to be collected during the year then to ensue, under the provisions of this act, payable to the county of Fayette, and conditioned to account for and pay over, on the order of said commissioners, all funds which shall come into his hands under the provisions of this act; and said treasurer shall be allowed for his services not exceeding one per cent. of all moneys which he shall receive and pay over.

§ 10. That the sheriff of Fayette county shall collect all taxes levied under the authority of this act; and, for that

Sheriff to col. ect the taxes.