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institution agreeably to its charter and by-laws; to confer degrees of honor and merit, and diplomas of graduation in literature, science, and arts; they may prescribe whatever course of studies they may deem best; they may have full power to fill vacancies in their own body, and shall hold their offices until their successors in office are elected.

§ 5. That the institution hereby incorporated shall be at all times under the control and management of the Baptists; and no person shall be eligible to the office of trustee unless he be a member of the Baptist church.

§ 6. This act shall take effect from its passage.

Approved February 11, 1860.

1860.

CHAPTER 196.

AN ACT for the benefit of School District No. 1, in Rockcastle county.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

§ 1. That on the first Saturday in May next, an election of all the qualified voters in school district No. 1, as now established, in Rockcastle county, shall be held by the dif ferent officers last appointed by the county court to hold elections in the voting precinct in which said school district is situated, and the vote shall be taken upon this question: "Shall any license be issued to any person to sell spirituous liquors in the boundary of this school district?" This question shall be distinctly put by the sheriff conducting the election to each voter, and those voting shall answer "yes" or "no," as they may desire; and the vote shall be recorded in separate columns, and returned to the county court of said county by the sheriff conducting the election. And if a majority of all the voters resident in said school district, who shall vote, vote against the further granting of any such license, the county court of said county shall not grant to any applicant a license to sell spirituous liquors within the boundary of said district.

§ 2. All the penalties now imposed by law against persons who vote at general elections improperly, and against officers conducting general elections, shall apply to that proposed to be held under this act.

§3. This act to take effect from its passage; and the Legislature reserves the right to alter, amend, or repeal this act. Approved February 11, 1860.

1860.

CHAPTER 197.

AN ACT to incorporate the Alpha Kappa Phi Society, of Center College, Danville, Kentucky.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the members of the "Alpha Kappa Phi" Society, organized at Center College, Danville, Kentucky, be, and they are hereby, created a body politic and corporate, by the name and style of the "Alpha Kappa Phi Society," with perpetual succession, and by that name shall be capable of contracting and being contracted with, of suing and being sued, and of pleading and being impleaded, in all the courts of this Commonwealth.

§ 2. They shall have power to purchase, use, devise, and convey all such real and personal estate not exceeding ten thousand dollars, as may be necessary for their purposes and accommodation.

§ 3. They shall have power to make, use, and have a common seal and their peculiar devices, and the same to break or exchange at their will and pleasure.

§ 4. They shall have power to establish chapters of their order in whatever places in this Commonwealth they may wish, with powers and privileges suitable and necessary for their own internal regulation and discipline.

§ 5. They shall have power and authority to ordain and establish such rules and regulations for their government as they may deem proper and necessary, and are not inconsistent with the constitution and laws of the United States and of this Commonwealth, and the charters and laws of the literary institutions with which they may be connected. §6. The power to change, alter, or repeal this act is hereby reserved to the General Assembly of the Commonwealth of Kentucky; and this act shall take effect from its passage.

Approved February 11, 1860.

CHAPTER 198.

AN ACT to establish an additional Justices' District in Marshall county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That the county court of Marshall county shall, at its April term, 1860, appoint three commissioners, whose duty it shall be to lay off an additional magistrates' district and voting precinct No. 7, around the town of Briensburg, in said county; said district to be composed of parts of districts Nos. 2, 3, and 6; said commissioners are also vested with authority to locate, at the most suitable place,

L

as near the center of district No. 3 as may be, a voting precinct for said district, in lieu of the place now established by law, at which all elections hereafter to be had in said district No. 3, shall be held; said commissioners shall report a plan and accurate boundary of said district No. 7, and the location of the precinct and place of voting in district No. 3, to the Marshall county court, on or before the first Monday in May, 1860; whereupon said court shall order the same to be recorded, a copy of which shall be posted up at five of the most public places, in the vicinity affected by the changes thus made, on or before the first Monday in June, 1860.

§ 2. The voting place in said district No. 7 shall be at Briensburg, at which all legal voters residing in said district, shall be entitled to vote, and the county court of said county, shall hereafter appoint officers to open and hold elections at said place of voting, under the same rules and regulations as now prescribed by law.

§3. That the county court of said county is by this act authorized and required to appoint officers to open and hold an election in said district, on the first Monday in August next, at which election all the qualified voters in said district may vote for two justices of the peace and one constable, to continue in office until the next regular election for justices of the peace and constables, and until their successors are elected and qualified; the voters of said district shall vote also for such State and county officers as are voted for on that day.

§ 4. That immediately after the election of the officers authorized by this act, the Secretary of State shall furnish said justices of the peace with all the law books now allowed by law to such officers; and that said books be sent by the common carrier.

§ 5. This act to take effect from and after its passage.
Approved February 11, 1860.

1860.

CHAPTER 199.

AN ACT to incorporate Winchester College.

WHEREAS, A number of persons in and near Winchester, in Clarke county, Kentucky, have subscribed money for the purpose of buying land, and erecting thereon buildings suitable for a male and female college; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Corporators'

§ 1. That Ben. B. Groom, H. G. Poston, Colonel John Clinkenbeard, L. B. Grigsby, Dr. Charles Chase, J. W. names & corpoHarding, Dr. Thos. H. Robinson, and their successors, be,

rate powers.

1860.

Capital stock.

and they are hereby, constituted a body corporate, under the name and style of the "Winchester College," and by that name they shall have perpetual succession, with power to adopt and use a common seal, and change the same at pleasure; to make contracts for the benefit of the institution; to sue and be sued, plead and be impleaded; to receive and hold such real and personal property as may be donated to the college or purchased for its use; to appoint the college faculty, and change the same as occasion may require; to confer all literary degrees conferred by similar institutions; and to make all such by-laws, rules, and regulations, not inconsistent with the constitution of the United States and the constitution and general laws of this State, as may be, or may become, necessary for the successful management of the college.

§ 2. The capital stock of said college shall be fifty thousand dollars, which may be increased from time to time, as occasion may require, divided into shares of one hundred dollars each, and to be paid in upon the terms originally agreed upon by those who have already made subscriptions for the purpose of establishing said college; but the terms of payment may be altered with the consent of said subscribers: And provided, That the whole of the capital stock of said college is not hereby required to be sold or disposed of, but only such part thereof as may be necessary, in the opinion of the stockholders, to effect an efficient organization of said college.

§ 3. Each stockholder shall be entitled to one vote for Stock-how each share of stock subscribed, and such vote may be cast either in person or by proxy given in the usual way.

voted.

Books to be opened.

§ 4. Books for the subscription of additional stock under the control of said Ben. B. Groom, H. G. Poston, John Clinkenbeard, L. B. Grigsby, Chas. Chase, J. W. Harding, and Thos. H. Robinson, or some one or more of them, may be opened at such time and place, and kept open for such length of time, as they may determine on, and the stock Stock subser'd so subscribed, together with that already subscribed, shall to be entered be entered in a book to be kept for that purpose by the secretary; and no stock shall be transferrable from one How stock to person to another except the transfer be entered on such book; nor shall such transfer be made unless the consent of those representing a majority of the stock of said college be expressed in open meeting of the board of managers, and such consent also entered upon said book.

in a book.

be transferred.

officers, &c.

§ 5. The board of managers of said college shall consist Managers, of seven persons; said board shall appoint a secretary and treasurer from their own body, all of whom shall hold their offices for one year, and until their successors are duly elected and qualified.

1860.

When first

§ 6. The board of managers shall be chosen by the stockholders. The first election under this charter shall take place at any time after the passage of this act that election to be may be determined on by the commissioners herein, elected. I notice having been given for ten days of said election, and on the first Saturday in March each year thereafter the regular election shall take place. The time and mode of induction into office shall be regulated by by-laws.

filled.

§ 7. All vacancies in the board shall be filled by appoint- Vacancies; how ment, until the next regular election.

Real estate

§ 8. All real estate purchased under this charter shall be rested in the board of managers and their successors in vested in manoffice, and shall be forever held for the purposes of educa

- tion, and shall not be directed to any other use whatever, nor shall the same be subject to taxation.

§ 9. The board of managers shall by by-laws regulate the times of meeting of the board, and the manner in which the same may be called together in any case of * emergency.

agers.

Board of managers to regu meeting of b'd.

late the time of

Quorum.

Record to be

Treasurer to give bond.

§ 10. A majority of the board of managers shall be necessary to constitute a quorum for the transaction of business; the proceedings, rules, by-laws, and all official kept. acts of the board shall be regularly drawn out by the secretary, and kept in a book for that purpose. Before entering on the duties of his office, the treasurer of said board shall enter into bond for the faithful discharge of his duties as treasurer, which duties shall be to keep a faithful account of all moneys of the institution which may come to his hands, to state and exhibit the same semi-annually, and oftener if required, and to pay over the same upon the orders of the board, with good and sufficient security, to be approved by the president of the board of managers. § 11. All diplomas, literary, or graduating degrees shall be awarded by the president and board of managers, with the advice of the faculty; and the same shall be signed by the president and a majority of the board and faculty. 12. A majority of the board concurring, may remove the secretary or treasurer and appoint another in their place.

§ 13. That if the college hereby made corporate shall afford instruction to any common school scholars in the district in which said college shall be located, the president of said board of managers may report all such scholars to whom said college has afforded instruction, to the commissioners of the common schools, and receive their share of the common school fund.

§ 14. This act shall take effect from its passage.
Approved February 14, 1860.

Diplomas, &c., to be awarded

by president.

Sec'y & treasurer may be re

moved.

May draw

money from the

State if common school instruction is af

forded.

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