under the seal of the said corporation, shall be binding and obligatory upon the same in like manner and with the like force and effect as upon any person or persons, if issued by him, her or them in his or their private and individual capacity or capacities, and shall be assignable or how assignnegotiable in like manner as if they were so issued by such person or persons. able and negotiable. Twelfth-The total amount of notes thrown what amount into circulation by said corporation, shall not at of notes may any time exceed double the amount of their capi- to circulation tal. be thrown in of charter liable individually. Proviso. Thirteenth-In case of the violation of this Directors for charter, or any of its provisions, the directors violation under whose administration it shall happen shall be liable for the same in their individual capacities, and an action at law or in chancery in such cases may be brought against them, or any of them, their heirs, executors or administrators, in any court of record having jurisdiction in such cases, by any creditor or creditors of said corporation, and may be prosecuted to judgment and execution, any condition, covenant or agreement to the contrary notwithstanding: Provided how. ever, that this shall not be so construed as to exempt the said corporation, or the lands, tenements, goods or chattels of the same being also liable. Such of the said directors as may have been absent, or who may have dissented from the resolution whereby any violation or infringement therefrom. of this charter was made, may respectively exonerate himself or themselves from being so liable, by immediately giving notice of the fact, and of their absence or dissent, to the stockholders, at a general meeting, which they shall have power to call for that purpose. Unless absent or dissenting Fourteenth Annual dividends shall be made of Annual divi so much of the profits of the corporation as shall dends. appear to the directors advisable. Fifteenth-The whole accounts, books and Books, &c. transactions of the said corporation shall be open to be open to inspection at all times to any person or persons from legislato committee appointed by a joint vote of the legislature. ture. Sixteenth-The president and directors shail cause to be made out a fair and full statement of President & directors to make an an- the situation and business of said corporation eve nual report to the legis- y year during the continuance of its charter, and transmit a copy thereof to the speaker of each branch of the legislature. lature. Seventeenth-Any subscriber or subscribers Stockholders failing or omitting to pay their instalments as failing to pay they severally fall due, shall not be entitled to receive any dividend of the profits, until such pay instalments not to receive any dividend, ments are made. teachers. Eeighteenth-And be it enacted, That the said Corporation corporation shall employ a teacher to instruct the shall employ children employed in the said factory, in reading, writing and arithmetic ; the reht of the schoolhouse, fuel for the sanie, and wages of the teacher, to be fully defrayed by the said corporation. Nineteenth-This act shall commence and be Continuance in force from and after the passage thereof, until the last day of December in the year 1838. of charter. CHAP. CCXVII. An act to amend the act entitled “an act to establish the Town of Veroport. APPROVED January 29, 1818. 1. BE it enacted by the General Assembly of Trustees to the Commonwealth of Kentucky, That the trustees appoint a col- of the town of Newport, or a majority of them, lector. To take bond Condition. shall have full power and authority to appoint a collector from time to time as the same may be necessary, to collect all such taxes as have been or may be assessed by the trustees of said town on the inhabitants thereof or the property therein; and to take from such collector bond with sufficient security, payable to the said trustees and their successors, conditioned for the faithful collection and payment of all such sums of money as may be collected by such collector by virtue of his appointment as aforesaid. § 2. Be it further enacted, That any collector Collector's appointed as aforesaid, shall collect all taxes assessed as aforesaid, and may, in the event of nonpayment, distrain therefor, and sell, in the same manner in which sheriffs are authorised to col duty. lect the revenue of this commonwealth, and shall receive as a full compensation six per cent. upon the amount collected. Power of trus 3. Be it further enacted, That the house-keep- Inhabitants ers, and also the owners of lots in the said town, annually to elect trustees? shall annually, on the first Monday in March, either personally or by proxy, elect the trustees thereof; which election shall be held before the clerk of the trustees of said town, at the courthouse in Campbell county; and the said trustees shall be, and they are hereby invested, in addition tees. to the powers granted them by the act aforesaid, with all such privileges and authorities as are allowed to the trustees of towns by the act concerning the establishment of towns, passed in 1796, and the acts amendatory thereof, that are not incompatible with the act aforesaid establishing the town of Newport, or the provisions of this act. Addition to 4. Be it further enacted, That a tract of land, the property of James Taylor, laid out by him as the town. an addition to the town aforesaid, into in-lots, streets and alleys, according to a plan and description thereof annexed to a copy of the general plan of the in-lots of said town, and which are recorded in the clerk's office of the county court of Campbell aforesaid, is hereby established as an addition to said town; and the said in-lots, now Lots to be or hereafter sold by the said James, may be con- conveyed by veyed by him to the purchasers respectively, ac- proprietor. cording to the contract between the parties. thereof. § 5. Be it further enacted, That a certain other Further additract of land, the property of the said James, ad- tion. joining the said town, and bounded as follows, to wit: Beginning at the south corner of out-lot Boundary No. 24; thence with the course of the out-lots of said town, south 50 degrees west to Licking river; thence down the same to a point opposite the south-east boundary of the alleys binding on the back of the in-lots, and which forms the extension of Madison street, as appears by the plan of the addition aforesaid to the said town; thence with the said boundary of the said alleys north 50 degrees east to the east corner of the alley cornering on Madison street and on Isabella street; thence with the course thereof south 40 degrees Q cast to the north corner of out-lot No. 1; thence with the line of the same south 50 degrees west 26 poles to the west corner of the said lot; thence with another line of the same, and with the lines of out-lots Nos. 2 and 3, south 40 degrees east to the south corner of said out-lot. No. 3, and north corner of out-lot No. 24; thence with a line of the fot last mentioned south 50 degrees west 26 poles to the west corner of the same; thence with another line of said lot, being the south-west boundary of the same, south 40 degrees east to the beginning; containing thirty-three acres, be the same more or less, excepting all rights of ferry, shall be, and is hereby also established as an addition to the town aforesaid, as the same shall be laid off by the said James, into in-lots, out-lots, streets and alleys, a plan whereof is to be recorded in the clerk's office of the county aforesaid, by the Coveyances said James, who is authorised to make sale of the to be made by lots and conveyance thereof to the purchasers reproprietor. spectively. Proviso. 6. Be it further enacted, That the provisions contained in the preceding sections shall not be construed to affect the claim or claims of any person or persons, bodies politic or corporate, to the parcels of land in the said sections mentioned. Sum of mo ney to be rais ed by lottery CHAP. CCXVIII. An ACT authorising a Lottery in the Town of Passed pursuant to the provisions of the constitution, 1. BE it enacted by the General Assembly, That Joseph Allen, John P. Oldham, David R. Murray, Stephen Chenault and William Hardin, jr. or a majority of them, are hereby authorised to raise by lottery, in one or more classes, as to them may seem expedient, any sum not exceeding twelve thousand dollars, to be applied to the purposes hereafter mentioned; and the said JoPrizes to be seph Allen, John P. Oldham, David R. Murray, paid. Stephen Chenault and William Hardin, jr. or so many of them as shall be concerned in carrying said lottery into effect, are hereby bound to pay to the fortunate persons the amount which each shall be entitled to receive by the event of said lottery, and in case of failure shall be liable to an action for the recovery of the same by the party aggrieved, in any court of competent jurisdiction. The drawing of said lottery shall be held in the Drawing, town of Hardinsburg, in Breckenridge county, where to be and shall not commence or progress except in the held, and by presence of two justices of the peace of said coun- whom. ty, not managers of said lottery, whose duty it shall be to see that said drawing is fairly and properly conducted. And each of the drawers, examiners, clerks and all persons whatsoever who shall assist in said drawing, shall, previous to en- take oath. tering on such duty, take an oath before some justice of the peace of said county, faithfully and impartially to perform the several offices which may be assigned to them. Managers to 2. Be it further enacted, That the time of Limitation. five years after the passage of this act be allowed for the drawing of said lottery; and if said drawing shall not take place within the said five years, then it shall be lawful for any person holding a ticket for which the price thereof has been paid to any one of the managers named in this act, to demand and receive the amount thereof from said Managers manager, or any one of said managers who shall may be sued. have acted as such; and in case of refusal, shall have his action against said manager or managers for the recovery thereof. § 3. Be it further enacted, That the money to be raised by this act, shall be expended in build- how to be apMoney raised ing a seminary in the town of Hardinsburg, in plied. Breckinridge county, and in paving the Main street in said town; and the aforesaid Joseph Allen, John P. Oldham, David R. Murray, Stephen Chenault and William Hardin, jr. or a majority of them, shall be commissioners to direct and superintend the application of said money to the purposes aforesaid, according to their discre- An account of tion. And whenever the said money shall be ex- the expendi pended, or the objects aforesaid shall be accom- ture plished, the said commissioners shall cause to be published. to be |