1830. county for of fences commit imanner. the peace, for offences arising within the city of Louisville, after deducting the expenses of each prosecution respectively, which expenses shall be paid into the public treasury, the residue shall be, ted within the and the same are hereby vested in the Mayor and city, to be vestboard of councilmen of said city, for the use and ed in the same benefit of the public schools thereof; and the Mayor and board of councilmen of said city shall have the right to use the name of the Commonwealth of Kentucky, for the collection of the same: Provided, that Proviso. nothing in this section shall be so construed as to deprive the attorney for the Commonwealth or any informer of any part of such fines and penalties as they are now entitled to by law. the above sec ing buildings See the note at the end of Sec. 5. Be it further enacted, That the real and per- The fund acsonal estate which the Mayor and board of council- quired under men may acquire, under the first section of this act, tions to be exand the fines and penalties they may acquire under pended in the the secondsfection of this act, shall be a fund for the purchase of a purchase of suitable lots of ground, and for the lot and erecterection of suitable buildings thereon for the use of thereon. the public schools of the city. The Mayor and board of councilmen shall constitute the estate and funds so acquired a permanent capital for the support of the public schools, and shall not (after the purchase of suitable lots, and the erection of suitable buildings) expend any part of the principal They may sell thereof, in the ordinary support of the said schools, the real estate so acquired, but shall have the right to expend the annual profits. and vest the They may sell the real estate so acquired, and vest proceeds in the proceeds with the other funds in stocks, or loan socks, or loan the same on real security. this act. them out. for offences ari Sec. 6. Be it further enacted, That the jailor's fees Jailor's fees in and charges for all commitments for offences arising Jefferson for within the city of Louisville, and which by exist-commitments ing laws, are payable out of the county levy, shall sing in Louishereafter be paid by the Mayor and councilmen out ville to be paid out of the city of the city funds. funds. Sec. 7. Be it further enacted, That all escheatable estate in the county of Fayette, shall be vested in All escheatathe trustees of Transylvania; and it shall be lawful ble property in for said trustees from time to time, to cause the es- Fayette county vested in the cheator to hold his inquest upon all such estates, trustees of real and personal, and whenever the estate shall be Trans. Univ. found to be escheatable to the Commonwealth, take possesssion of it and to dispose of it to the use of the University as other property of the institution: 1830. Provided however, that the said institution shall sustain all expenses in relation to such proceedings, and that nothing in this act shall prejudice the right of any other person than the Commonwealth. So much of the bill, viz: 3, 4, 5, 6 and 7 sections, came as an amendment from the Senate t the bill which originated in the House of Representatives, containing the two fir t sections of the bill introduced by Mr Roberts, and the 3, 4, and 5 sections constituted an original bill introduced by Mr. Guthrie, which passed the House of Representati es, but was added in the Senate, by way of amendment, and the sections of the amendment were not properly numbered there. The bill being enrolled, I did not fee lauthorized to make any change in it, and this explanation is due, as it might otherwise be supposed a mistake in enrolling and attributed to me or to the mover of the bill. R. S. TODD., CHAP. CCCLXXXI. AN ACT for the benefit of the High School in the City of Louisville, and the Male and Female Orphan Asylum in Middletown. Approved, January 29, 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of the Jefferson seminary shall be, and they are hereby required to convey, to the Mayor and board of councilmen of the city of Louisville, one moiety of the real estate belonging to that institution, and one moiety of the cash and other funds belonging to the same, for the purpose of purchasing a suitable lot and erecting a suitable building for a High School in the city of Louisville; which High School shall be open for the children of the citizens of Louisville, and for the children of all those, who shall contribute to the taxes of said city, and may be supported out of the taxes of said city, or from the joint aid of the taxes and tuition fees for scholars. Sec. 2. Be it further enacted, That the trustees of the Jefferson seminary shall and they are hereby required, to convey to the trustees of the Male and Female Orphan Asylum at Middletown in Jefferson county, the other moiety of the real estate and other funds belonging to the Jefferson seminary; which real estate and other property, shall be and remain a fund for the education of the male and female orphans under the care of the trustees of said institution; but the said trustees shall have no power to expend more of the property to be acquired under this act, than the annual acrueing profits of same. 1830. perty between Sec. 3. Be it further enacted, That the Mayor and Mode of diviboard of councilmen of the city of Louisville, or the ding the protrustees of the said asylum, if they cannot agree as them. to the division of said property, may file a bill in the Jefferson circuit court against the trustees of said seminary and the other party entitled under this act; and the court shall have power to cause an equitable division of said property to be made, and a conveyance in accordance with such division: Provided, that in the division the Mayor and board of Councilmen shall be entitled to the real estate in Louisville. Proviso. CHAP. CCCLXXXII. AN ACT for the benefit of Eaton Good. Approved, January 29, 1830. WHEREAS, it is represented to the present Gene eral Assembly, that Eaton Good, by virtue of a Kentucky land office warrant, caused to be surveyed by the surveyor of Laurel county, fifty acres of land, purporting to be in Laurel and Whitley counties, but the line between said counties has since been run, which throws the whole of said land in Whitley county, and he having registered the same and paid the Register's fee thereon; and whereas, doubts exist as to the legality of said survey; For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the survey so made shall be as good and valid as though it had been made by the suveyor of Whitley county: Provided however, that nothing herein contained, shall affect the right of any prior claim or claims whatsoever. 1830. CHAP. CCCLXXXIII. AN ACT for the benefit of the heirs of James Frazer. WHEREAS, it is represented to this General Assembly, that James Frazer, late of Anderson county, departed this life intestate and in debt, leaving a Widow and twelve or thirteen children, some of whom are infants; the adult heirs believing that they had the right to sell a tract of land which they had inherited from their deceased parent, did, in order to discharge the debts of said estate, sell said tract of land, containing one hundred and twenty-six acres, to a certain Randall Walker, jun. for the sum of seven hundred dollars, on a credit, and gave him possession, but finding that they cannot make legal conveyance of said land, and said purchaser being unwilling to make payment of the purchase money, till the conveyance be made: For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Anderson circuit court, upon bill filed on the equity side thereof, by the adininistrator and adult heirs of the late James Frazer, deceased, together with said Randall Walker, against the infant heirs of said Frazer and widow, alleging the amount of debts, and designating the tract of land sold, and desired to be conveyed, to appoint a guardian ad litem for the infant heirs, and cause them to answer said bill; and if upon final hearing it shall appear to be the interest of the said infant heirs, then to decree a conveyance of said land agreeable to the sale heretofore made, requiring the widow to give bond and security to pay over the dower interest to the heirs entitled to the same upon her death; the remainder to be paid to the heirs or their guardians, who may be entitled to receive the same, after paying the debts of the said decedant; which conveyance shall pass all the title and interest of Isaid widow and heirs in and to said tract of land: Provided, said guardian shall, previous to receiving the money belonging to said infants, execute a bond in the Anderson county court, conditioned to pay over the same with legal interest, to their wards, upon their arrival at full age. CHAP. CCCLXXXIV. AN ACT to incorporate the Trustees of the Male and Approved, January 29, 1830. 1830. WHEREAS, a number of individuals in the Preamble. county of Jefferson, have contributed different sums, amunoting to between three and four thousand dollars, for the purpose of establishing an institution to feed, clothe and educate friendless orphans and other children of misfortune, and have prayed for an act of incorporation; and whereas, an act was passed and approved, January 27, 1827, entitled, "an act to incorporate the Middletown inale and female seminary and orphan asylum," which has been found objectionable on many accounts, but more particularly from the entire failure to procure the property recited in the preamble to said act; and whereas, it is believed to be one of our most important political duties, to advance, by all proper means, the cause of science, virtue and knowledge: Therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Rev. William M. King, Leaven Lawrence, Benjamin Head, Willian Hardin, Nathan Marders, Lee White, James Tull, James Pomeroy, Isaac W. Dabney, John Brenginan, Samuel D. Vance, Rev. James Ward, John Williamson, Rev. Benjamin Allen, George Hikes, sen. John Whips, Alexander Veach, Jamnes Hite, Stephen Ormsby, Henry G. Tompkins, Samuel Burks, William C. Bullitt, H. Hawley, Charles G. Dorsey, George Bridges, John W. Hundley, Dr. Robert G. Vance, Col. John Jones, Robert Miller, Robert N. Miller, James W. Thornberry, Warrick Miller, Nathaniel P. Taylor, James S. Bate, George Seaton, Col. Frederick Geiger, Jacob Frederick, Dr. Richard Chew, Frederick G. Brengman, Harrison Marders, Dr. John P. Harrison, Benjamin Cawthon, James Brown, E. T. Bainbridge, John C. Bucklin, Rev. James H. Overstreet, Thomas Forsythe, Archibald Allen, James Rudd, Daniel Fetter and James Harrison be, and they are hereby consti- The trustees tuted a body politic and corporate, to be known by incorporated, incorporat the name of "The Trustees of the Male and Female the incorporaOrphan Asylum of Kentucky," and by that name tion. shall have perpetual succession, and a common seal, |