Shall

not

able to the able to the circuit judge who presides in the coun circuit judges ty by the justices of which it shall have been issued, or in case of his absence, to the circuit judge nearest thereto. The said justices, in granting writs of habeas corpus, shall be governgrant a habe- ed by the laws in force in relation to such writs, as corpus in except that they shall in no case grant the writ of favor of a per- habeas corpus to a person in custody on a charge son charged of felony, but in such case the application shall with a felony. be made to the circuit judge as heretofore.

§ 4. Be it further enacted, That when a writ of Shall not have injunction or ne exeat shall have been awarded power to re- under this act, and discharged by the circuit award or reinstate in- court, the justices shall in no instance re-award junctions. or reinstate either of the said writs.

This act shall be in force from and after the

Commencing first day of April next.

clause.

CHAP. CCLXXXI.

An ACT allowing further time to survey Seminary Lands in this Commonwealth, and for other purposes.

APPROVED February 3, 1818.

1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the several Time given. acts granting donations of lands to the seminaries in this commonwealth, be, and they are here

May

vest

by continued in force two years from and after passage of this act.

the

2. Be it further enacted, That the trustees of [the] several academies in this state shall have funds in bank power to subscribe their funds due for seminary lands, to any independent bank, instead of the state bank, provided a majority shall choose to do

CHAP. CCLXXXI.

În ACT to tax Banks in this Commonwealth.

APPROVED February 3, 1818.

§ 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall Tax on each be levied and collected annually, on each office of bank U. S. in discount and deposit established and located by this state.

the president, directors and company of the bank

branch of the

of the United States within this state, the sum of
five thousand dollars, as a part of the revenue of
this state, to be paid by the president, directors
and cashier of each office of discount and deposit
respectively into the treasury of this common- When and by
wealth, on or before the first day of November in whom to be
every year; and upon producing the treasurer's paid.
receipt to the auditor, for the payment of said
sum, he shall grant to the said president and di-
rectors a quictus: Provided, however, that the
president and directors of the several banks taxed Proviso.
by this act, shall be at liberty to discharge the
amount of tax imposed on their respective banks,
by the payment of fifty cents on cach one hundred
dollars of the average capital employed in bank-
ing purposes, or twenty-five cents for each one
hundred dollars of the amount of bills under dis-
count on the tenth day of March in each and eve-
ry year. And it shall be lawful for the cashier of
said banks to file an affidavit with the auditor of
this commonwealth, on or before the tenth day of
May annually, stating the average amount of
capital, or bills under discount as aforesaid; and
the statement furnished in said affidavit shall be
the criterion for estimating the amount of tax duc
from the bank whose cashier files the affidavit.

on

and

2. Be it further enacted, That the president, Penalty directors and cashier of each and every office of president, didiscount and deposit established in the manner rectors aforesaid, failing or refusing to pay into the trea- cashier failing or refusing to sury as aforesaid, the aforesaid sum of money, pay the tax. shall jointly and severally forfeit and pay to the commonwealth of Kentucky, the sum of ten thousand dollars, to be recovered by action of How to be debt, in the general court of this state, under the sued for and rules, regulations and laws in force in the circuit recovered

Proviso.

such branch.

courts thereof; and the general court is hereby invested with jurisdiction to hear and determine all such cases, and pronounce judgment thereon, according to the rules, regulations and laws aforesaid, having first issued and caused to have been executed by their proper officer, the appropriate process in such case against the said delinquents, in whatsoever part of the state they may reside; and it shall be the duty of the attorney-general of this commonwealth to institute suit in all such cases, and prosecute the same to judgment; and he shall be allowed the sum of fifty dollars for every judgment obtained, to be taxed against the defendant or defendants against whom judgment shall be obtained: Provided, however, that no suit shall be instituted against any president or director of any such office of discount and deposit who shall officially give his vote in favor of complying with the provisions of this act.

3. Be it further enacted, If any person shall Penalty on act as president, director, agent, trustee, servant, the officers of clerk, cashier, teller, or in any capacity whatfor failing to ever, to or for any such office of discount and depay into the posit, failing or refusing to pay the aforesaid sum publie trea- of money into the public treasury of this commonwealth, he shall forfeit and pay to the commonwealth the sum of five thousand dollars, for every such failure or refusal, to be recovered in the general court, in the manner aforesaid.

sury.

CHAP. CCLXXXII.

An ACT to amend an act entitled "an act for the benefit of Caty and Rosa Bennett,” approved January 28, 1817.

APPROVED February 3, 1818.

BE it enacted by the General Assembly of the The common- Commonwealth of Kentucky, That Caty and Rosa wealth's right Bennett, infant children of Elizabeth Trisler, of of escheat to Jessamine county, and reputed children of Thomvested in said as Bennett, deceased, be, and they are by this act

a tract of land

persons.

vested with all the right and title in law and equity of which the said Thomas Bennett died seized

and possessed, or was entitled to, in and to a tract of land lying in said county, containing about 190 acres, be the same more or less; and that this commonwealth's right of escheat to the said land is by this act relinquished to the said Caty and Rosa Bennett; and that the county court of Jessamine appoint a guardian for the said Caty and Rosa, who shall have the management of the said lands, and subject to the laws concerning guardians and wards as in other cases.

CHAP. CCLXXXIV.

An ACT to incorporate the Fayette and Madison
Turnpike Company, and for other purposes.

APPROVED February 3, 1818.

§ 1. BE it enacted by the General Assembly of Turnpike Co. the Commonwealth of Kentucky, That a company incorporated. be incorporated to make a turnpike road, beginning at the limits of the town of Lexington, on the Boonesborough road, and running from thence in the straightest and best direction to the Kentucky, at Rogers' landing.

§ 2. Be it enacted, That subscription books Subscriptions shall be opened for forming the capital stock of to be opened, said corporation, under the direction of John and by whom. Fowler, James Morrison, John T. Mason, jun. Thomas Wallace, John Postlethwaite, Jeremiah Rogers, Waller Overton, Edmund Bullock, Wil-· liam Davenport, Charles Carr and John Hart, on or before the tenth day of March next, in the town of Lexington, who shall for this purpose procure a book, and enter in it as follows, to wit:

We whose names are hereunto subscribed, do Form of subpromise to pay to the president, managers and scription." company of the Fayette and Madison turnpike road, the sum of one hundred dollars for each and every share of stock in the said company set opposite our names, agreeably to an act of assembly of the state of Kentucky entitled" an act to incorporate the Fayette and Madison turnpike company." Witness our hands this day of

eighteen hundred and

Notice

Notice to be shall be given in at least two of the newspapers given. printed at Lexington, of the time and place where the said book will be opened to receive the sub- · scriptions for the stock of said company; at which place two at least of said commissioners shall attend to receive subscriptions, and permit all persons to subscribe in said book, in person or by attorney duly authorised; and every person subscribing for the stock of the said company, shall pay to the attending commissioners five dollars on each and every share so subscribed.

3. Be it enacted, That when five hundredCorporation, shares are subscribed for, the before mentioned how to be orcommissioners shall, as soon as conveniently may ganized. be, give twenty days notice in the newspapers as aforesaid, of the time and place by them appointed for the subscribers to meet, in order to organize the said corporation, and to choose out of the company, by a majority of votes of the said subscribers, by ballot, to be delivered in person or by proxy duly authorised, a president and six managers: Provided always, that no person shall have more than twenty votes in any election or in determining any question arising at such meeting, whatever number of shares he, she or they may be entitled to; and that each person be entitled to one vote for each share so held, under the number twenty.

4. Be it enacted, That the stockholders in the Name of cor- said company shall be, and they are hereby inporation, and corporated and constituted a body politic, by the the privileges name and style of The Fayette and Madison

When the subscriptions to be paid.

Turnpike Company ;" and by the same name the said subscribers and their successors shall have succession during the continuance of this incorporation, and shall have all the privileges and franchises of, or incident to a corporation, and shall be capable of taking and holding the said capital stock, and the increase and profits thereof, and of suing and being sued, answering and being answered; to make a seal, and alter, break and renew the same according to their will and pleasure.

§ 5. Be it enacted, That the sums so subscribed shall be paid to the managers elected agreea