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1854.

Dividends.

stitution may go into operation whenever four thousand shares are subscribed, and two dollars on each share paid in. The dividends to the stockholders shall not exceed ten per cent. per annum; and if the profits in any year exceed that per cent. the surplus shall be given to said masonic fraternity, in aid of the buildings and charities contemplated by this act. The said masonic fraternity may purchase, as it may be able, all the stock in said institu

tion.

§ 5. The general assembly shall have the power to alter or modify this charter; and said charter, so far as it creates a savings institution, is limited to twenty years from the date of its organization.

Approved January 24, 1854.

CHAPTER 88.

AN ACT to amend an act, entitled, an act for the benefit of Robert Thomp son, of Hickman county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, an act for the benefit of Robert Thompson, of Hickman county, passed at the present session of the general assembly, be so amended as to read Romelius Thompson wherever the words Robert Thompson occur in said act.

Approved January 27, 1854,

CHAPTER 89.

AN ACT for the benefit of George May, of Hardin county. Be it enacted by the General Assembly of the Commmwealth of Kentucky, That the presiding judge of the Hardin county court shall have jurisdiction, by his warrant, to or der the jailer of Hardin county to bring before him, at such time as he may appoint, George May, now confined in the jail of said county, charged with felony, and shall hold an inquest as to said May, to ascertain if he be a lunatic; and the jury shall ascertain all such facts as in cases of other lunatics are required to be ascertained; and if he be found a lunatic, said judge shall order him to be conveyed to the eastern lunatic asylum, the officers of which shall receive him, and shall not for any cause refuse to do so. In case of the restoration of said May, then the said officers shall retain him in custody and deliver him to the sheriff of Hardin county, to be dealt with as other persons charged in a similar manner.

Approved January 27, 1854.

CHAPTER 90.

AN ACT to incorporate the trustees of the Theological Seminary, under
the care of the General Assembly of the Presbyterian Church of the
United States of America, at Danville, in the State of Kentucky.
§1. Be it enacted by the General Assembly of the Common-
wealth of Kentucky, That Charles Henderson, J, T. Boyle,
Jas. S. Hopkins, Charles Caldwell, J. S. Berryman, Peter
R. Dunn, Wm. Thompson, Mark Hardin, W. C. Brooks,
J. P. Curtis, Robert J. Breckinridge, Edward P. Humphrey,
John C. Young, Robert C. Grundy, Wm. M. Scott, Wm.
L. Breckinridge, John Montgomery, and Robert Johnston,
and their successors, duly elected and appointed in manner
as is hereinafter directed, be and they are hereby made,
declared, and constituted a corporation and body politic
and corporate, in law and in fact, to have continuance by
the name, style and title of "the trustees of the Theologi-
cal Seminary, under the care of the General Assembly of
the Presbyterian Church of the United States of America,
at Danville, in the state of Kentucky;" and by the name,
style, and title aforesaid, shall be able and capable in law
to take, receive, and hold all and all manner of lands, ten-
ements, rents, annuities, franchises, and other heredita-
ments, which at any time or times heretofore have been
granted, bargained, sold, enfeoffed, released, devised, or
otherwise conveyed, for the use of the Theological Semi-
nary under the care of the General Assembly of the Pres-
byterian Church of the United States of America, located
at Danville, in the state of Kentucky, or any other person
or persons to the use of the said seminary, or, in trust for
the same; and the said lands, tenements, rents, annuities,
liberties, franchises, and other hereditaments are hereby
vested and established in the said corporation and body
politic, and their successors, according to the original use
and intent for which such devises, gifts, and grants were
respectively made; and the said corporation and their
successors are hereby declared to be seized and possessed
of such estate and estates therein as in and by the respec-
tive grants, bargains, sales, enfeoffiments, releases, devises,
and other conveyances thereof, is or are declared, limited,
and expressed; also, that the said corporation and their
successors shall be able and capable to purchase, have,
receive, take, hold, and enjoy, in fee simple or of lesser
estate or estates, any lands, tenements, rents, annuities,
franchises and other hereditaments, by gift, grant, bargain,
sale, alienation, enfeoffment, release, confirmation, or de-
vise, of any person or persons, bodies politic and corpo-
rate, capable and able to make the same; and further, that
the said corporation and their successors may take and
receive any sum or sums of money, and any portion of
goods and chattels that have been given to and for the
use of the Theological Seminary at Danville, or the direc-
tors thereof, or to any other person or persons, body po-

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1854.

defect cured,

litic or corporate, in trust or for the use of the said seminary, or that hereafter shall be given, sold, leased or be queathed to the said corporation by any person or persons, bodies politic or corporate, that are able or capable to make a gift, sale, bequest or other disposal of the samesuch money, goods, or chattels to be laid out, and disposed of for the use and benefit of the aforesaid corporation, agreeably to the intention of the donors, and according to the objects, articles, and conditions of this act.

§ 2. That no misnomer of said corporation and their Misnomer or successors shall defeat or annul any gift, grant, devise, or bequest to or for the use of said corporation, provided the intent of the party or parties shall sufficiently appear upon the face of the gift, will, grant or other writing whereby any estate or interest was intended to pass to or for said corporation.

Common seal.

§3. That the said corporation and their successors shall have full power and authority to make, have, and use a common seal, with such device and inscription as they may adopt, and the same to break, alter, and renew at their pleasure.

§4. That the said corporation and their successors, by May sue and the name, title and style aforesaid, shall be able and capable to sue and be sued, plead and be impleaded, in any court of law or equity in this state.

be sued.

Make by-laws.

limited.

tees.

§ 5. That the said corporation and their successors shall be, and hereby are authorized and empowered to make, ordain, and establish by-laws and ordinances, and do everything incident to and needful for the support and due gov ernment of the said corporation, and managing the funds and revenues thereof: Provided, the said by-laws be not repugnant to the constitution and laws of the United States, to the constitution and laws of this state, or to this act.

§ 6. That the said corporation shall not, at any time, Corporators consist of more than eighteen persons, at least nine of whom shall at all times be citizens of this state, whereof the General Assembly of the Presbyterian Church of the United States of America, at any meeting thereof held in the state of Kentucky, may change one third, in such manner as to the said General Assembly shall seem proper, and fill all vacancies then existing.

§ 7. That the said corporation and their successors shall Powers of trus have power and authority to manage and dispose of all moneys, goods, chattels, lands, tenements, and hereditaments, and other estate whatsoever committed to their care and trust by the said General Assembly; and in such cases where special instructions for the management and disposal thereof shall be given by the said General Assembly, in writing, under the hand of their clerk, it shall be the duty of the said corporation to act according to such instructions: Provided, the said instructions shall not be

regugnant to the constitution of the United States, or to the constitution and laws of this state, or to this act.

§8. That six members of this corporation shall be a sufficient number to transact the business thereof, and to make by-laws, rules and regulations: Provided, that previous to any meeting of the board of corporation, for such purposes, not appointed for adjournment, ten days notice shall be previously given thereof, by the president or secretary, by advertisement in some newspaper published in this state, or by written notice, sent by mail to each mem→ ber of the board of trustees; and said corporation shall and may, as often as they shall see proper, according to their rules and by-laws, choose out of their number a president, and vice-president, and secretary, and shall have power to appoint a treasurer and such other officers and agents as shall by the said corporation be deemed necessary, to which officers and agents the said corporation may assign such duties to be performed by them, and award such compensation for their services, and fix the tenure of their office, in such way and manner, as the said corporation shall direct.

§ 9. That the said corporation shall have the power and authority to take and receive a bond or bonds from the treasurer and other officers and agents, in such penalty and with such conditions as said corporation may prescribe.

§ 10. That the members of the board of trustees of this corporation, before acting as such, shall each make and sign a declaration that each of them will truly and faithfully, to the best of his ability and skill, exercise the office and perform the duties of trustee under this act and the by-laws of this corporation; and in case of the refusal or neglect of any member of the board of trustees to mak and sign such declaration and perform the duties of trus. tee aforesaid for more than one year, or decline the same, the board of trustees shall have power and authority to declare the said office of trustee vacant and fill the vacancy by appointment of some fit and proper person to said vacancy, who shall hold the same and remain in office until such vacancy shall be filled by the General Assembly of the Presbyterian Church, under the provisions of this act.

1854.

Meetings of

the trustees.

Treasurer to give bond.

Declaration to be signed by trustees.

Record to be

11. That said corporation shall keep regular and fair entries of their proceedings, and a just account of their kept. receipts and disbursements, in a book or books to be provided for that purpose, and shall, once in a year, exhibit to the General Assembly of the Presbyterian Church in the United States of America, an exact statement of the accounts and funds of the said corporation.

Trustees not to control course

12. That the board of trustees appointed by this act, and their successors, shall have no power to exercise any of study. authority touching the course of instruction and study in said theological seminary, or the appointment of profes

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sors or teachers in said seminary, their compensation, their tenure of office; and the course of studies in said institu tion shall remain under the exclusive power and control of the General Assembly of the Presbyterian Church of the United States of America, and of such person and persons as shall be appointed by the said General Assembly, from time to time; and the said corporation shall provide out of the estate, funds, or income thereof, in their keeping, control, and management, for the payment, from time to time, of such salaries, and compensation of professors and othér teachers and officers of said seminary, as shall be allowed, directed, and established by said General Assembly at any of its annual meetings.

§ 13. That the board of trustees appointed by this act of incorporation, and their successors, shall have power and authority to purchase grounds, erect buildings for the use of said seminary, and provide libraries and other accommodations, out of or by means of any funds or estate in their hands, not necessary to the annual support of the said seminary, or out of any money or estate collected or received by them from time to time for those especial objects and purposes.

$ 14. That the said corporation may take, receive, purchase, possess and enjoy messuages, lands, tenements, rents, annuities, and other hereditaments, real and personal estate of any amount: Provided, that the same do not yield a net annual income exceeding the sum of twenty thousand dollars.

15. That the general assembly shall have the power to alter, modify, or repeal this act at any time.

Approved January 28, 1854.

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AN ACT for the benefit of Charles Seymour, of Hopkins county. WHEREAS, it is represented that Charles Seymour, an alien and native of Ireland, has emigrated to the United States, with the intention of becoming a citizen thereof, and for that purpose has taken the initiatory oath of naturalization in due form of law, and is now a resident of this state, but that sufficient time has not yet elapsed to entitle him to the rights of a citizen, and he is desirous of being invested with the power and authority of acquiring and holding real estate in this commonwealth. Wherefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Charles Seymour be and he is hereby vested with full power to purchase, acquire, and hold real estate in this commonwealth, and to sell and convey the same in the same manner that is now secured by law to native born citizens of this state.

Approved January 28, 1854.

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