remove the same at pleasure; and shall, also, fix the com-
pensation which they shall severally receive for their ser-
vices.

SEC. 6. That said Trustees shall have power and author-
ity to make all such by-laws, rules, and regulations, for the
government of said School, and the management of all its
concerns, as they may deem expedient; and to alter, annul,
and amend the same at pleasure: Provided however, that
said by-laws, rules, and regulations shall not be repugnant
to the constitution and laws of the United States, the con-
stitution and laws of this Commonwealth, nor inconsistent
with any of the provisions of this charter.

SEC. 7. That the said Trustees, and the officers they may
appoint, including the Professors, before they enter on the
duties of their respective offices, shall severally take the
following oath or affirmation, before some Justice of the
Peace, to-wit: "I,
do solemnly swear, (or affirm,)
that I will, to the best of my skill and judgment, faithfully
discharge the duties of
of said School."

1850.

By-laws may be made.

Take oath.

Majority of Trustees to do

SEC. 8. That a majority of the whole number of Trus-
tees, appointed under this charter, shall constitute a quo- business.
rum, competent to transact all the business belonging or
appertaining to said school; and said Trustees shall hold
at least two stated meetings in each year, and shall, when
necessary, appoint a Chairman, pro tempore, to preside over
them.

SEC. 9. That should any Trustee or Trustees, herein-
before named, or that may hereafter be chosen, according
to the provisions of this act, neglect or refuse to qualify,
for three months next after being notified of his appoint-
ment, his office shall be considered vacant, and the remain-
ing Trustees shall proceed to appoint another in his stead;
and it shall be the duty of said Trustees to enter all their
proceedings in a book or books, to be kept by them for that
purpose.

SEC. 10. That said body corporate shall have power to confer such literary honors, degrees, and diplomas, upon the students of said school, as the Professors of the several departments may think them entitled to receive.

SEC. 11. The Legislature shall at all times, have power to alter, amend, or repeal this charter.

Approved March 7, 1850.

Vacancies, & how filled.

CHAPTER 532.

AN ACT for the benefit of H. W. Martin, of Barren county.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That Hudson W. Martin, of the county of
Barren, be and he is hereby authorized and allowed to
change the location of a part of the State road leading

1850.

from Glasgow to Lexington-the new road to commence and turn off on the north side of said Lexington road at Tho. S. Walton's store, and to intersect the old road at or near the west corner of Buford Pemberton's fence: Provided, said new road is made at said Martin's private cost; and further, that he shall be responsible for any damage that may arise in consequence of said road running through the lands of other persons, or any other damages which other persons may sustain by reason of the change in said road; the damages to be ascertained by a jury of said county, and collected in the same way as damages of like kind are now collected: And, provided further, that said Martin shall put said new road in as good order as the present road, and that it may be received by the Surveyor of the road for the time being.

Approved March 7, 1850.

Com'rs

view way.

to

CHAPTER 533.

AN ACT to establish a State Road from Richards', in Fleming county, to
Louisa, in Lawrence county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John Richards, of Fleming county, James W. Thompson and Richard P. White, of Carter county, and William Pennington and Martin Thompson, of Lawrence county, be and they are hereby appointed commissioners, a majority of whom, being first sworn, shall proceed to John Richards', on Triplett creek, in Fleming county, and view a way from thence to Louisa, in Lawrence county, taking the most direct route that is practicable to make a good road, to and from the above points; and when they are satisfied as to the best route for a road to and from the points above mentioned, that they cause the route, selected by them, to be so marked and identified, that there will be no difficulty in finding and pursuing the same; and shall make a report, in writing, to the County Courts of Fleming, Carter, and Lawrence, designating therein fully and explicitly the route and ground over which the proposed road shall pass. That upon the reception of the before mentioned report by the said County Courts, the route therein designated shall be and the same is hereby established a State Road; and it shall be the duty of said County Courts to lay off said road into convenient precincts, and appoint a Surveyor and allot hands to each, to clear which road to and improve said road, within the bounds of their respective counties, directing that said Surveyors shall cause said road to be cleared out at least thirty feet wide, and the stumps in the same cut low and rounded at the top; the banks of creeks and branches graded, where it shall be needed; where it shall be necessary, the sideling places

The manner in

be opened.

shall also be graded, and the marshy places cause-wayed
or thrown up and improved; and bridges to be made where
necessary, so as to admit of a safe and convenient passage
for all kinds of carriages. That it shall be the duty of the
commissioners, in their report, to state whose land the road,
as viewed and marked, passes over, and also to state who
objects to the road passing over their lands; and where ob-
jection is made, the Court of the county in which the land
lies, shall cause a writ, and jury, as required by the law
in relation to opening roads in this Commonwealth.-
The commissioners shall, for their services, be allowed one
dollar each per day for the time they are engaged, to be
paid by the counties above named, each county to pay one
third of the claim of the commissioners.

Approved March 7, 1850.

CHAPTER 536.

AN ACT to incorporate the Shelbyville and Taylorsville Turnpike Road

Company.

Former act re

SEC. 1. Be it enacted by the General Assembly of the Com-
monwealth of Kentucky, That an act, entitled, an act to in- vived.
corporate a company to turnpike a road from Shelbyville,
Shelby county, to Taylorsville, in Spencer county, approv-
ed February 20, 1826, be and the same is hereby revived
and declared to be in full force and effect.

Board appoint

SEC. 2. That Samuel Shannon, John P. Allen, Isaac Newman, John Ford, John Younger, Joseph F. Allen, and Al- ed. fred Zearing, be and are hereby constituted the Board of Internal Improvement, authorized by said act, and are hereby vested with all the powers, privileges, and emoluments, &c., and subjected to all the restrictions and duties conferred and imposed by said act upon the board thereby constituted.

SEC. 3. That said board shall lay out and grade at least twenty feet in width, whenever the ground, in the opinion of the board, will admit thereof, which at no part shall be greater elevation than four degrees.

SEC. 4. That when said board shall have completed any part of said road, not less than two and one half miles, they shall notify the County Court for Shelby county thereof, and said court shall, thereupon, nominate three judicious persons to examine the same, and report to said court whether said road is, so far, made in conformity with the requisitions of said act; and if their report shall be in the affirmative, then said court shall, by license under the hand and seal of said court, permit said board to erect so many gates upon and across said road as will be necessary and sufficient to collect the tolls and duties thereinafter granted to said corporation, from all persons traveling on the same:

Width.

toll gates may be erected.

When & how

1850.

Court.

Provided, that said board shall not erect a gate within less than one mile of Shelbyville.

SEC. 5. That the report required of said board, by the Report to City fourteenth section of said act, shall be made annually to the County Court of Shelby county, and not to the Legislature as therein required.

Board to be elected.

SEC. 6. That the said board shall, in the year one thousand eight hundred and fifty one, fix on a day and place for the election of their successors in office, which shall take place in the same month every year thereafter.

SEC. 7. That the number of votes to which each stockVotes on stock. holder shall be entitled, according to the number of shares he shall hold, free from all arrears or calls unpaid, shall be one vote for each share.

clause.

SEC. 8. That so much of said original act, hereby reRepealing vived, as is inconsistent with the provisions hereof, be and the same is hereby repealed and declared void.

Approved March 7, 1850.

CHAPTER 537.

AN ACT for the benefit of Nelson T. Asbury, and others. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the guardian of the infant heirs of Nelson T. Asbury is hereby authorized to file a petition in the Mason Circuit Court, setting forth the necessity of the sale of the. interest of said infants in a certain tract of land, situate in the said county of Mason, (the same they inherited from their grand father, Saml. P. Allen,) and containing about eighty four acres; and if it shall appear to the satisfaction of said Chancellor, from the petition and proof, that it would redound to the interest of said infants that a sale should be made of their interest in said tract of land, then it shall be lawful for said chancellor to decree a sale of the same, upon such conditions and times as may seem proper to the Chancellor of said Court, requiring such bond or bonds as is now required by existing laws authorizing the sale of infants' real estate: Provided, that the adult heirs may also join in said petition.

SEC. 2. Be it further enacted, That the Judge of the Todd Circuit Court may render a decree in chancery for the sale of a negro man named Cary, belonging to the estate of W. A. Garth, deceased, upon petition being filed in said court, by the administrator and administratrix of said decedent, praying a decree for said sale. The Court being satisfied that it will be advantageous to the heirs of said Garth to have said slave sold, may make such further order or orders for the safe keeping and profitable investment of the proceeds of the sale of said slave.

SEC. 3. Be it further enacted, That the provisions of this

5

act shall be applicable to the case of the heirs of William
Huston, of Muhlenburg county, and the Chancellor of said.
Muhlenburg Circuit shall be governed, in any decree he
may give, by the provisions of this act.

SEC. 4. Be it further enacted, That it shall be lawful
for James Whitlock, of Green county, to file a bill in chan-
cery in the Green Circuit Court, praying a decree for the sale
of certain slaves willed to him in trust for Ben. R. Whit-
lock, and his wife and children; and said court may decree
a sale of said slave or slaves, upon satisfactory proof being
made that it will promote the interest of the said B. R. Whit-
lock, his wife and children, and may decree a re-investment
of the proceeds of said sale, or a part thereof, in other slaves
or land; or make such other disposition thereof as to him
may seem best, with regard to the interest of said Ben. R.,
and his wife and children, taking such bond or bonds from
said Trustee as will secure the interest of said Benjamin,
his wife and children.

Approved March 7, 1850.

1850.

CHAPTER 539.

AN ACT to incorporate the Oregon Turnpike Road Company.
SEC. 1. Be it enacted by the General Assembly of the Com-
monwealth of Kentucky, That a company shall be and the
same is hereby formed, for the purpose of constructing a
turnpike road from Oregon, on the Kentucky river, in the
county of Mercer, to intersect the Franklin and Crab Orch-
ard Turnpike Road near the first toll gate on said road from
Salvisa to Harrodsburg.

SEC. 2. Be it further enacted, That the capital stock of
said company shall not exceed fifteen thousand dollars; or
when the said road is completed, if found to be a less sum
than fifteen thousand dollars, the capital stock shall be
whatever amount it may cost to construct said road. Said
stock shall be divided into shares of twenty five dollars each.

SEC. 3. That the book for subscription of stock in said. company shall be opened on or before the first Monday in April next, at Harrodsburg and Oregon; under the direction of Samuel Daviess, Stephen Stone, and Robert Forsyth, at Harrodsburg, and John Cardwell, A. M. Vanarsdale, and Andrew Forsyth, at Oregon. The commissioners named at each of the above places shall procure one or more books, and in each of them the subscribers shall sign the following obligation: "We, whose names hereunto subscribed, do bind ourselves to pay to the President, Directors and Company of the Oregon Turnpike Road Company the sum of twenty five dollars for each share of stock set opposite our names, at such times, and in such proportions, as may be required by the President and Directors of said company.

are