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Act when to day of February 1818; and the trustees hereaftake effect. ter to be elected by the legislature, under the provisions of this act, shall go into office on the last day of February next succeeding such election, until which day the trustees in office for the time being shall continue in office.

raise a sum of

tery.

CHAP. CCXCV.

An ACT authorising Lotteries in Nicholasville and

Passed according to the provisions of the Constitu tion, the Governor's objections notwithstanding, February 4, 1818.

1. BE it enacted by the General Assembly of Persons au- the Commonwealth of Kentucky, That Daniel B. thorised to Price, James Clarke, George J. Brown, Richard money by lot- Hightower and Hiram Fletcher, or a majority of them, be, and they are hereby authorised to raise by way of lottery, in one or more classes as they may think proper, any sum not exceeding four thousand dollars, to be applied to paving the streets of Nicholasville, in Jessamine county. And the said persons, as managers of said lotteManagers lia- ry, or such of them as shall act, shall, at the end ble to suit for of thirty days after the drawing the said lottery, the prizes.

or any class thereof, shall be finished, or as soon thereafter as demanded, pay the prize or prizes respectively due to holders of tickets of said lottery, or any class thereof which shall have been drawn; and upon failure to pay as aforesaid, the said managers, or such as shall have acted, shall be liable to the suit, judgment and execution of the party aggrieved, before a justice of the peace or a court having by law jurisdiction of the amount. And if the said lottery shall not be drawn within three years from the first publication of the scheme thereof, the said managers, or such of them as shall have acted, shall pay, upon the lottery is demand, to any person holding any ticket or not drawn in tickets of said lottery, the price for which such three years. ticket or tickets were sold; and shall, after demand, be liable to the suit of the party aggrieved

Managers ha

ble for mo ney paid if

thereof to be published.

for the recovery of the same. And the acting A report managers of the said lottery shall, within thirty days after the same, or any class thereof, shall have been drawn, make report of the amount raised by the said lottery, or class thereof, to the trustees of the said town of Nicholasville, of the

amount so raised, and shall pay over to the said Money to be trustees, or their order, the said amount, which applied to pashall be by the said trustees laid out in paving ving streets. the streets of the said town.

drawn-how

2. Be it further enacted, That the drawing of Lottery the said lottery shall be held in the said town of where to be Nicholasville, and shall not be begun nor progress conducted, & made therein except in the presence of two jus- by whom. tices of the peace for Jessamine county; and the said justices, and the said managers, and all clerks and other persons which may be employed in the said drawing, shall, before they act, take an oath before a justice of the peace to act fairly and impartially.

to Бе

3. Be it further enacted, That Isaac Thom, J. W. Palmer, William Macbean, Bernard A sum of moGaines, W. W. Worsley and John D. Clifford, ney authoror a majority of them, be, and they are hereby raised by lotauthorised to raise by way of lottery, in one or tery for the more classes as they may think proper, any sum benefit of the not exceeding ten thousand dollars, to be applied thenæum. Lexington As to the benefit and use of the Lexington Athenæum. And the said persons, as managers of said lotte- Managers liary, or such of them as shall act, shall, at the end ble for the of thirty days after the drawing of said lottery, or prizes. any class thereof, shall be finished, or as soon thereafter as demanded, pay the prize or prizes respectively due to holders of tickets of said lotte-. ry, or any class thereof which shall have been drawn; and upon failure to pay as aforesaid, the said managers, or such as shall have acted, shall be liable to the suit, judgment and execution of the party aggrieved, before a justice of the peace or a court having by law jurisdiction of the amount. And if the said lottery shall not be drawn within three years from the first publication of the scheme thereof, the said managers, or such of them as have acted, shall pay, upon de mand to any person holding any ticket or tickets

Managers of lottery to report and pay over money.

drawn.

of said lottery, the price for which such ticket or tickets were sold; and shall, after demand, be liable to the suit of the party aggrieved for the recov ery of the same. And the acting managers of the said lottery shall, within thirty days after the same, or[any]class thereof, shall have been drawn, make report of the amount raised by the said lottery, or any class thereof, to the managers or directors of the Lexington Athenæum, of the amount so raised, and shall pay over to the managers or directors of the said Lexington Athenæum, or their order, the said amount, which shall be by them laid out for the benefit and use of said corporation, agreeable to the provisions of its charter.

$4. Be it further enacted, That the drawing of the said lottery shall be held in the town of LexLottery where to be ington, and shall not be begun or progress made therein, except in the presence of two justices of the peace for Fayette county; and the said jus tices and said managers, and all clerks and other cerned totake persons which may be employed in the said drawing, shall, before they act, take an oath before some justice of the peace to act fairly and impartially.

Managers and

others

oath.

con

Sum of mo

CHAP. CCXCVI.

An ACT to authorise a Lottery for the benefit of the
Contributors to the Fayette Hospital.

Passed pursuant to the provisions of the Constitution,
the Governor's objections notwithstanding, Februa
ry 4, 1818.

1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and to be may be lawful for Thomas January, Andrew and M'Calla, Sterling Allen, Stephen Chipley and how to be ap- Bernard Gaines, or a majority of them, to raise plicd.

ney raised,

by way of lottery, in one or more classes, as to them may seem most convenient and necessary, any sum not exceeding the sum of fifty thousand dollars, to be appropriated to the use and benefit of the contributors to the Fayette Hospital, in

erecting and finishing the building that has already been commenced by said corporation in the vicinity of the town of Lexington. And the said CommissionThomas January, Andrew M'Calla, Sterling Al- ers to give selen, Stephen Chipley and Bernard Gaines, or curity before they proceed such of them as may choose to act, shall, before they enter upon the duties of their office, in the ties. county court of Fayette, enter into bond with security, to be approved of by said court, to the commonwealth of Kentucky, in the penal sum of

to their du

What time to

Contributors

one hundred thousand dollars, conditioned for Condition of the faithful discharge of the several duties impos- bond. ed upon them by this act; which bond may from time to time be put in suit in the name of the said commonwealth of Kentucky, by any person injured by a breach thereof. And it shall be the duty of the said managers, within ninety days paythe prizes from the completion of the drawing of said lottery o pay to the fortunate person or persons, or to his, her or their order, all such prizes as may be due, agreeable to the scheme they may have determined on, and published by them. The said lottery maybe Lottery, drawn in the town of Lexington, or at such other where to be place as may be most expedient, giving due no- drawn. tice of the time and place of such drawing. The contributors to the Fayette Hospital may appoint to appoint two or more persons to superintend, in conjunc- persons to sution with a justice of the peace for the county perintend the where said lottery may be drawn, the drawing drawing, with a justice of of the said lottery, whose duty it shall be to see the peace. the same fairly and impartially conducted. Each of said examiners and managers, and each clerk Examiners to that may be employed, shall, before the drawing take an oath. commences, take an oath to act fairly and impartially in the discharge of his several duties; which oath may be administered by any justice of the peace. If the said lottery, or any class Limitation. thereof, be not drawn within five years after the scheme of the same may have been published, the same shall cease; and the purchasers of tickets may demand and receive of the said managers any money disbursed for tickets in the said lottery.

Further duty § 2. Be it further enacted, That the said mana- of the managers shall report to the contributors of the Fay- gers.

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Managers

made liable to the contri

butors.

'ette Hospital from time to time, as may be or dered by said corporation, the progress made in the sale of tickets, or in the drawing of the said lottery. And it shall be their duty to pay over all or any money which shall be raised in the manner heretofore authorised, to the order of the contributors of the Fayette Hospital, or to such person or persons as may be authorised by said corporation to receive the same, to be applied as directed in the first section of this act.

§ 3. Be it further enacted, That if the said managers should sell or dispose of the whole scheme of the lottery hereby authorised, or any class thereof, which they are hereby authorised to do, so as to raise the proposed sum, the said managers, or such as may act, are hereby made responsible to the contributors of the Fayette Hospital for the amount of said sale; and the said contributors of the Fayette Hospital are hereby authorised to demand, sue for, and recover the same in behalf and for the use of the said corporation, for the purposes specified in the first section of this act.

Preamble.

CHAP. CCXCVII.

An ACT for the benefit of John Poage, of Greenup
County.

APPROVED February 4, 1818. WHEREAS it is represented to the present general assembly, that John Poage and John Terrill, in the year 1806, became the securities of Reuben Rucker, as sheriff of Greenup county, and the said Rucker having failed to pay ninety-eight dollars eighty-two cents of the revenue for the year 1807, the auditor of public accounts [in] 1816 gave notice to said Poage that he would move for a judgment, which was accordingly rendered against him in 1817, for debt, interest, damages and costs; and at the time the said Poage paid the same, which was in August 1817, it amounted to the sum of two hundred sixty-eight dollars ninety-two cents. It is further represented, that

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