and directors shall, from time to time, reduce the rates of toll, so that the net profits shall not exceed twelve per centum per annum, after the proper deductions are made for repairs and other charges. Toll gates may be kept and toll received at each end of the bridge; and the rates of toll shall be posted up in some conspicuous place where the toll is demanded. § 10. That if any person or persons shall willfully and knowingly do any act or thing whatever, whereby the said bridge, or any thing thereto belonging, shall be injured or damaged, the said person or persons, so offending, shall forfeit and pay three times the amount of the damages sustained, with costs of suit, recoverable before any court of competent and legal jurisdiction; and any person or persons who shall pass or attempt to pass said bridge, without paying the toll or tendering it, if there be any person there to receive it, shall forfeit and pay three times the amount of the toll or tolls which he, or she, or they, were liable to pay for passing said bridge, recoverable before any justice of the peace in this commonwealth; and if any person or persons shall willfully set fire to said bridge, or burn the same, or any part thereof, such person, so offending, with their aiders or abettors, shall be guilty of arson. 1850. Penalty for injuring the bridge Certificates of sued. § 11. That certificates of stock in said company shall be issued under the seal of the company, in the form and stock to be is manner that shall be designated by the by-laws of the company, which shall designate the mode of transfer. City of Louis. stock. § 12. That two thousand shares may be taken by the city of Louisville; and, in case the mayor and council of ville may tak the city of Louisville should take the said two thousand, or any less number of shares in said company, they are hereby authorized to raise the necessary amount of money by a loan on the credit of the city, and a pledge of the stock so subscribed and taken by them: Provided, however, the voters of said city, at some election, first agree that the mayor and council may subscribe for said stock. § 13. That this act of incorporation shall go into effect so soon after the passage thereof as it shall receive the ratification of the legislature of the state of Indiana; and shall cease to have effect if the stock shall not be taken, to the extent of two thousand shares, within five years, and the bridge to be completed, so far as to be passable, within ten years. § 14. That the said company shall be held liable and responsible, by any appropriate action, for all injuries sustained by vessels or boats, rafts of plank or timber, or other lumber, passing up or down said river, in consequence of the construction of said bridge, unless the injuries are sustained by negligence or want of competent skill of those on board of said vessels, boats, or rafts. When act to take effect. Liable for Inju ries to vessels. 1850. pilots. § 15. That it shall be lawful for said bridge company, at May furnish their own expense, to employ and furnish pilots known as the "Falls Pilots," at the falls of said river, for directing boats or other vessels, rafts of plank, timber, or other lumber, through the bridge; and if any person navigating a boat or other vessels, rafts of plank, timber, or other lumber, shall fail to take or refuse the aid of a pilot furnished by the company, then such boat or other vessel, raft of plank, timber, or other lumber, shall be considered as passing the bridge at the risk of the owner or navigator. What sufficient Service of pro. kinds to be removed. 16. That it shall be sufficient service of process on the corporation hereby created, to execute a summons on the president and secretary, or a majority of the directors and secretary of said company; and process so executed shall authorize judgment at the first term, as in other cases, if no appearance should be entered or plea filed. 17. That it shall be the constant duty of said bridge. Drift of all company, from time to time, to remove all timber, or drift of any description, which may lodge against any of the piers of said bridge; and if they fail herein, they shall be liable to a fine of ten dollars for every twenty-four hours it. is suffered to remain, after allowing a reasonable time to remove the same, to be recoverable by indictment or presentment in the Jefferson circuit court; and shall, moreover, be liable to any person sustaining any injury; and it shall be the constant duty of said company, from time to time, to light, during the night, said bridge in the centre of each pier in the river, if said bridge shall be constructed with piers. Not to permit & slave to pass Over. Penalty for so doing. not to be ob. 18. That it shall be unlawful for said company, their agents or officers, to suffer or permit any slave or slaves to pass over said bridge, without a written request of the owner or owners of such slave or slaves, or without said slave or slaves shall do so in company of such owner or owners; and said company shall be liable to pay said owner or owners for every slave so permitted to pass, contrary to the provisions of this act, the full value of said slave or slaves, to be ascertained by the verdict of a jury, together with a penalty of ten per centum thereon, to be assessed by a judgment of a court, and all costs of suit; which shall be recovered by action of debt, or on the case, in any court of competent jurisdiction within this commonwealth, as the plaintiff or plaintiff's may elect. § 19. That nothing contained in this act shall be so conFree navigation strued as to authorize said company to construct any bridge which may obstruct the free and common navigation of the said river Ohio. structed. Approved December 9, 1850. CHAPTER 46. AN ACT for the benefit of Henry Academy, and Henry Female College. Whereas, it is represented to this legislature, that at New Castle, in the county of Henry, an effort is now making to establish two schools-a male school, known as the Henry academy, and a female school, now applying to be incorporated, under the name of the Henry female college; that a new and commodious building has lately been erected by the trustees of the Henry academy, with the funds of said institution and other aid afforded by the citizens of New Castle and vicinity, which building is still unfinished, and that the funds of said institution are exhausted; it is further represented that S. S. Summer, the principal of the said female college, with like aid afforded him by the citizens of New Castle and vicinity, is now having built a suitable college building for his school; that neither of these houses can be finished with the money subscribed; that the people of Henry have already been heavily taxed to carry up these buildings as far as they have gone; that the schools are not furnished with libraries or apparatus. The trustees of these schools are now making application to this legislature to grant them, jointly, the privilege of a lottery, by which they hope to realize a sufficient amount of means to finish and furnish the above named houses, properly improve and cultivate the grounds, furnish the schools with suitable apparatus, libraries, &c. Therefore, § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for J. N. Webb, Tho. B. Posey, Joseph Drane, William Pryor, and C. M. Mathews to raise, by way of lottery, in one or more classes, as to them may seem expedient, any sum not exceeding fifty thousand dollars, to be appropriated for the use and benefit, equally, of the Henry academy and Henry female college, located at New Castle, in the county of Henry; and the said managers, or such of them as may see proper to act, shall, before they enter upon the duties assigned them by this act, enter into bond in the county court of Henry, in the penalty of one hundred thousand dollars, conditioned for the faithful discharge of the duties enjoined on them by this act; and said bond may be sued on, in the name of the commonwealth of Kentucky, for the use and benefit of any person or persons injured by a breach of the conditions of said bond; and it shall be the duty of said managers, within ninety days after the drawing of said lottery, or any class thereof, to pay or cause to be paid to the fortunate person or persons holding the ticket or tickets, all such prize or prizes as may be due agreeably to the scheme which they, the said managers, may agree upon and publish: Provided, however, that such scheme shall not reserve more than twenty per cent. Said managers shall have the right to appoint such officers as may be necessary to con 1850. Authorized to raise money by a lottery. To give bond. 1850. Managers to pay over proceeds of lottery to the trustees. Managers authorized to dis on certain conditions. duct said lottery, all of whom, before they enter upon the respective duties assigned them by the managers, shall take an oath before some justice of the peace, faithfully and honestly to discharge the same. § 2. That said managers shall, within ninety days after the drawing of said lottery, or any class thereof, pay over to the trustees of the Henry academy and the trustees of the Henry female college, equally, all sums of money which may be due in consequence of the drawing of said lottery, after all prizes have been paid. § 3. That the said managers shall be and they are hereby authorized to sell and dispose of said schemes, or any pose of schemes class thereof, to any person or persons who shall enter into bond with good security, conditioned well and faithfully to comply with all the terms and conditions of this act, payable to the commonwealth of Kentucky: which bond or bonds shall be received by said managers, and be by them filed in the said Henry county court, before said lottery, or any class thereof, shall be drawn: Provided, that nothing in this act contained shall be so construed as to repeal any provision of the general laws of this commonwealth against selling or vending lottery tickets within this state. Approved December 9, 1850. CHAPTER 47. AN ACT for the benefit of Jacob S. White, of Madison county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That power and authority is hereby given to the Madison county court to appropriate and pay out of the county levy of said county, to Jacob S. White, late a member of said court, the amount of a judgment lately recovered by Malinda and Nathan Roberts, children of Viney Roberts, against him in the Madison circuit court, for taking insufficient security in a guardian's bond, whilst he was acting as one of the justices of said county court; and said court is authorized to make a levy sufficient for that purpose. Approved December 7, 1850. CHAPTER 48. AN ACT for the benefit of Edmund Curd, of Calloway county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William H. Curd and Joel H. Curd, guardians of Edmund Curd, of Calloway county, be and they are hereby authorized to pay or deliver to the said Edmund Curd, any money, property, or estate in their hands, as guardians as aforesaid; and any receipt executed by the said Edmund Curd for money, property, or estate, so paid or delivered to him, shall be and the same is hereby made as binding and obligatory upon him, the said Edmund Curd, as if executed by him when of full age. Approved December 7, 1850. 1850. CHAPTER 49. AN ACT to incorporate the Kentucky Agricultural and Mechanical Whereas, divers persons of the counties of Fayette, and other counties in this commonwealth, have organized an association, under the name and style of "the Kentucky agricultural and mechanical association," for the purpose. of promoting improvement in all the various departments of agriculture, mechanics, and horticulture, and for that purpose have adopted a constitution and by-laws, and chosen a president and ten directors to control and manage the affairs thereof, and have applied to the general assembly for an act of incorporation. Therefore, Preamble Incorporated. corporate powers. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said association be and it is here- and by created a body politic and corporate, with perpetual succession, under the name and style of "the Kentucky agricultural and mechanical association, at Lexington," and, by that name, may sue and be sued, plead and be impleaded, defend and be defended, in all courts of law or equity; and shall be capable of acquiring, by purchase or otherwise, any quantity of land not exceeding twenty-five acres, and may improve, and sell, and convey the same, or any part thereof, at pleasure; and may acquire, hold, and dispose of such personal estate as the president and directors of said association may deem necessary and proper. The said association may adopt and use a corporate seal, or may use the seal of its president for the time being. Terms of of to be elected. §2 That the president and directors already chosen, as aforesaid, shall continue in office until the first Saturday in fice and officers May, 1851, and until their successors are duly elected and qualified; an election, however, of a president and ten directors shall be had on the first Saturday in May next, by the qualified members of said association, and annually thereafter, unless the members of said association, at said annual election, shall, by resolution, fix upon a different day; and they may, at their annual election, reduce the number of directors. Powers of the § 3. The prudential, fiscal, and other concerns of said association, together with all its estate of every kind, shall officers. be under the control and management of the president and directors aforesaid, and they shall have power to appoint a treasurer and secretary, and such other inferior officers as they may deem necessary in carrying out the purposes |