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TRANSCRIPT
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VOL. XVI. N. 853. BY DANIEL 18, 1803.. jf ,
jexxSSskkz
AN ACTTO INCORPORATE
THE1
Approved December 16th, 1302.
Sec. 1. BE ;; enaled by the Gene-
ral Assembly, That those pcrfbns whoy shareholders of the lie-ntu-
ly Insurance Company, togeth.tr withIhole who shall hereafter oecome lnare-V.olde- rs
in manner herein aster directed,fliall be and are hereby created and made
2 corporation ana Doay poi.no, uy mc- n:u,nJ t;,U f tt,; P.rfidrnt andl""1" '""". " ' "!"' "cu- -
XT' A.lT"r .L TT., Infnranc,Company,"11.::. and 7u;r ';:.',,.. nni,.'', nV T in tile veariraay jaun-.- y,
1818 ;- -and by that name are hereby,
joaae aoic ana capaoie 111 ia, iu wipurchase, receive, poB'eis, enjoy and re
tain to them and their fuccelfors, lands,
rents, tenements, hereditaments, goods,
ehattls and effects of what kind natureand quality foever, to an ameunt not
toexceeding in the whole one hundredand fifty thdufand dollars ; and the same
oTeTJ', grafiT, demise, alien or dispose ofto sue and be fuel, plead and beitnplea- -
ded, answer and be answered, defend anjljbe defended, in courts ot record or anyotfccr phice whatfoerer ; and alio tomake, have and ul'e a common seal, and
the same to break, alter and renew at; and also to ordain, eftab-lifh,a-
put in execution, such bye laws,ordinances and regulations, as shall seem
neceffary and convenient for the govern-ment of said corporation, and which arenot contrary to law, and generally todo and execute all and Angular the acts,natters and things which to them it
lhall or may appertain to do ; fubjedtto the rules, regulations,limitations ,and provisions
herein aster prescribed and declared.--Sec. 2. It (hall be lawful
or body politic, tefubfenbt for such or so many (haresj ashe (he or they lhall think, sit, not excee-
ding ten, until the number Jubfcribed.,lhall with thole already lublcnbed, a- -
Inount to the number of five hundiedshares ; reserving however a rirht to thPresident and Oircftors, with the afisirof a major ty of .thr fliaieholdtrs to inereaf the iV.id number of fliares to onstfcoiifjrul.
Se". 3. Each of the shares (hall beone hundred dollart, payable in jrotd orsilver, or such public I'ecurnKS as thrPreiidr.t and Directors of the companywith the a(L-n-t of a majority of the fliarr-
holders (hall choose to receive in five
payinents, to wit; one fifth, pirtor twenty dollar? at the time offubfi.ri-bin- g
; one fifth part in three monthsfrom the time o,f fubfcnbing ; one fiitrpin in hx months from the time of sub- -
fci'ibin ; one fifth part in nine nmtVfrom the time of fubf;ribin-- . and rlu1
other fifth part, id. twelve months fromthe-- t'.m- - ot fubfcribmg. In case anyfhare.iolder flnll sail to pay any instal-
ment within two months aster it flulbecome du;, what he (hail hav paid(hall be forfeited, and his (hare (hall bepublicly sold under such rules as the saidcoiporation (hall provide 5 and out ofthe amount ot tale, the money due tothe company fiiall be fir.t paid, and istherr is any excels, it mail be pud tosuch delinquent ; and in case such (hareshall sell for less than the sum due to thecompany, the deficiency (hall be recov-
ered of the dehnqueu: shareholder bysuit.
Sec. 4. The fub'fcriptiois shall beby thc present President and rs
of the Kentucky Insurance Company, or such officer or officers as theyshall appoint to receive the same, untilthe meeting of the (hareholdersshall be held under this aft a majorityor v, horn (hall direct by whom they hallbe received.
sec. 5. The fhiiehiider; ofor a --najent; of those present,
(hall annually eleft a P. eiident and sour
CiLCtors, wno (hill continue in officeone year fjom the ti ue oi election.
Sec. 0. The said ft are holders (hall
meet foi the ppvpcj of tleftin? the tirflPieudent and Direfto.c under ifiib aft, attherr office in Lexington, on the firstd; y of April nrxt, a'ld on the same day;.0 Lverj year thereafter, at futh p;uce as
the Pre(id-n- t and Directots then in officeli.ail appoint ; of w'n u appointment,fujr wei-k- s notice f)id!l le given in lonieKt'iuucky Newrnasf"': aai in case itmould 3t any time happen, that an elee-t- j
tion of President i D.isdtprs (hould notbe made upon any day, when pcrfuantto this aci it ought to. have been tuade,the said coiporat'oa shall ikV for' thatcaure be deemed to be dffolved, j utit fh ill be lawful to appoint another dayin such manner as fiiall have been iegu- -
. hit 'd by the laws and ord.nances of thefKi eoipor-tlo- n ; aiid thc fcrn-e- r Pn f. -
J- -
dent and Directors (hall continue inoffice until luth election is made, and in
ur
1
case pf the death, refignatipn or remo-
val of a Preliierit or Direor, by theshareholders, hta place may bq filled up byanew election for the remainder of theyear, in such manner as fiiall be directedby the laws and ordinances of the cor-
poration.Sec. 7. The Prelident and Directors
for the time being, fiiall have power toappoint such officers, clerk?, or servantsunder them, as lhall be neceffiry ,lorexecuting the business of the said corporation, and to allow them such compenfation for their services refpedtively, as
mX .tor thc .lcharge of their rcfpeftive
toni and truth ;a (hall be ca- -
-ible.
of exercifilig such other powersauthontlCJ) for the
.well governing
coiporation, as shall be described, fixedand determined by the laws, regularons and ordinances of thc same.
Sec. S. The President and Directors(hall at any time have it in their power
call a meetmtr of the (hareholders,and the President and 4ny two Directors(hall be sufficient to form a board J or inth- - absence of thc President, three Directors shall form a board, appointingone of thcmfelves President pro tern.
Sec. 9. I he fliares in the said company fltfill be transferable under such re-
gulations as fliall be provided by the byejaws and ordinances of the said corporation.
Sec. 10. The President and Direst- -
ots shall receive, or decline the Hits of-
fered to them, sign policies, receive pre-miums, and tranfaft the whole businessof the' company. . ,
bee. 11. Within twenty-tou- r hoursafttr an Application for insurance, thenfk shall be taken or rejected ; is takena policy shall be made out at thc.expenceof tie insured, which fliall be "deliveredupon the premium being daid in hand,or .fitch bond, note, or bill, given for1
the payment thereof; and upon nidicredit as the said President and Direct-ors shall approve of, and the r2k lhallconfmence agreeably to the purport oishe said policy.
Sec. 12 Applications for insurancelliall be made in writing, accompaniedby such certificates of the goodness otdie boat or vdld, their being well soundwith oars, tables, fternfaft, canoe or skiff,the name of the boat or velTel, and thvcaptain ; the jof .hands, thproperty to be (hipped, the time of theirieparture, and place ot deuination, anai'uch other infomutioir as the Prefiientand Directors m-a- dsera riecefTaryi y
O-- l. U 111 lllC UL 1UIS, 111C 1J14MC!. "J r -ana two more oi tne crew, it 10 mans
hiUfurvive the loss, and be able to attend, mill 'go tp the molt cdnvenieiitnotary public or magistrate, and enteo.l.ir protest, touching the particulars a;
. - xhe loss of the cargo, and boat o"effel, to which protest they shall fweaor affirm ; which protest or an attestedcopy thereof, lhall be delivered to th."! fuLnt and Directors, with, such oth'eilecefTary proofs of the property havingbeen on board said boat or veffel at thetime the iccident happened j as also abill of lading and manifest of the cargoand value, and such loss Wiall be paid toche insured within thirty days aster suchneceffary proof having becrt made ; de-
ducting from the amount insured twoand a half per cent, abatement, whicllhall go to the defraying the neceffaryexpences ot the company,
Sec. 1 4. And in case of applicationfor return of premium, where no rill.haa commenced (the paidand the polity delivered) a deduction oftwo and a halt per cent on such premium,ffi--
11 bs reuiaed for thc uses bilure mentioned.
Sec. 15. Thc said Insurance' Compa
.iy fliall not be liable for, or pay anypartial loss or average, unless general:nor any geneial average loss unleJiitamounts to five per cent on the cargo ;
nor for any barratry of the matter orhands, nor more than five sixths of the
alue of the cargo, on board any boator veffel ; and the insurance shall ceafcon any boat or veffel and carro, ontheir arrival at the destined port, unlef
on, in which case suchagreement fliall be cxpreffed in the policy,
Sec. 16. Is any boat or veffel shallbe indued by jthe said company, destinedto Ncnv Oikans, or any port on thcMiflilispi or Ohio Rivers, and no ac-
count lhall be had cither of her or anjof her crew, within twelve months afteiher departure, the amount insured fliallbe paid fubjeft to the abatement, upcrthe piefumpuon the boat or vefl'cl andcfew are totally lost.
Sec. 17. The shareholders of the fanInsurance Compan) thall rnyc a genera!meeting in thc town ot LeKington, atLc cff"-- e o the company, on tlie'fiift
A fn B FlO 1"
AND "GENERAL ADVERTISER,Tiasrrel.Ui'lUkUJiUUei41i.lJMtXMl
BRADrlll5, LEXINGTON. TUESDAY, JANUARY
KENTUCKY INSURANCECOMPANY.
theirplfure
foranyper-fon-,
premiumWing
otherwife.agreed
ify PTT
Ji-ri--i: r . j&aai mj'..y, j-- ii wwnwrrj-mfwgi- p nwiiMTwgnMgjiaKmMwun
day of January, the iitfl dy of April,the hiitday ot July, fcad the iirit dayof Odober (unlets thoje d.i) s happen onbunilay, in which cate the me;tiii;; lhallac on the futceeding day) in each year,where (and in all meetings of .!n.-- fhare'-lolder- s)
the Piefident lluU prelicle ; 01
in case there.U no PrefiJnt, the Tr.'fi-de- nt
pro tern, who with whatever num-ber of shareholders may appear lhallconstitute a meeting, with power to ad-
journ from day to day is neceffary. Each(hare (hall be entitled to a ote by thebona side owner, the attorney in fadt, orexecu'tor or administrator of such own-er
Sec. 18. At each January meetingthe President and Directors shall layoefore the shareholders, the date of theaccounts, thc rifles Undetermined, andsuch other information as they fiiallthink neceffary ; and such a dividend of:he profits lhall be made as the Presidentand Directors fhal think advisable ; butin no case fiiall the capital stock be di- -minifhed by such dividend, until the expiration of this aft.
Sec. 194 None out a shareholder anda citizen of this commonwealth fliall beeligible as a Prcfldant or Director, andno compensation dull be made to thef reudent or Director, urilels allqwed by1 majority of the shareholders at loniejeneral nieetrog
Stc 20. Whffre any, thing, is due toany periorf-jo- jwrlons tor amount ml'i-re- ,
for .general average loss, or retun,of premium ; and the same lhall not b.paid by the laid, President and Diicftorswithin thnty dayas before mentioned ;
it fiiall be lawfuljforihe General Court,r District Court' hfhLjn Lexington,
who ire hereby inTgfljfpVith jurifdiftionis the said caules.to gfive judgment oninotioa for the amount of the sum due,againdthe Piclident and .Directors ofthe said compaii; , Vith filtered from theend of the said Marty days to the timeof payment and costs. Provided always,that-teida- notices in writing that fuctmotion, would I" rade, (hall have beenlest at thejt'--m - ut the laid compa.'v.n Le?singt(3K ; and the l.ke icmedv Ih.Jlae had araint thr hid Pielideit sr,dDirectors upc u every undertaking the)(hall majce in bSlfof the Infuranc,Company, vhethei by pohev, Sand, bil,obligatory, note or other'wifc. , Aimevery bond, bill obiig atoq', c ncte iuwriting given bV tre laid President andDirectors, in behalf of the laid Infurance Company, (lull be afiifmable by enlorfement thereon, in like martnet andwith the like eUrct as foreiirn bills of exchange now are ; and such of the notesas are paydble to bearer, (hall be nego-tiable and affii.able by delivery only.
Sec. gl. The same fumraary-- remedyis hereby gien aoainft all persons winIhalLhcreafter I.e bound by bond) hillbligatory, or note in writing or affign.
pent of the same lp thePreliderit andDirectors of the Kentucky InsuranceCompany. And it fliall be lawful forche General Court, or the District Couitin winch the p.rty bound fliall reside ;
ind the i.ud couris are hereby empowered to gKe judgment on motion for'the amount of any such boncf, bill obligatory,
or note in writing, ajrainft thVobligor, maker orafiitmor as the case maybe , Prpvidrd a'ays, that ten days no-tice in writing, lhall be given by thesaid President and Directors, to theperson or persons against whom the mo.:ion is to be made, of such mdtion is tobe sound, is not a copy theieof ihjl belest with some white person aboe theage ot twenty one, at his, her or theirusual place of sbodc.
Sec. 22. On all motions judgmentfliall be given at the first court, iiplcf?for good cause the court shall conlLme itto the second ; beyond which it flianon no account be cont'iiued.
Sec. 23. Where the defendant requres It, a jury lhall be lumrioned mltdiitato enquire into any question of fdft v. Incheither party lhall state under the d'.rection of the.court, and which is not aerreedto ; andtipon the finding of such fast orfacts, or the'agreement to them, thecourt shall give judgment according totne very rignt ot tne caie, without re-
gard to form, and without pleadings inwriting.
ace. it. 4.1 me iaia corporation, orany person or persons for or to thejiife ofthe lame, (lull deal or trade in bu mg orselling any goods, wares, merchandizeor commodities whatsoever, contrary tothe provisions of .this aft, all and ever)person ard peifons, by whom any orderor direftion for so dealing or tradinglhall have been given ; and all and everyperion ana perions woo malt have Q?eiconcerned as parties or agents thereinhall forfeit and lose treble thc .value o!
rhe goods, waies, merchandise and ro 1,
noauirs, 111 vnicn iiicnainiin;; ana ti adefull have Keen ; one hah to the mfomer, and the 1,1 her liaif 10 the ufu of thecommonwealth, to be ..covjj.d witl
pods of suit Provided boivcve r,that no-
thing in this ait contained, shall be so
construed as to pieventthe laid torpora- -
t ion from dealing in exchange, orpf lend- -
ine: their money at an interelt not exceeding hx per centum per annum, or ofelfing such goods as fiiall be really andruly pledged to. them for money lent,
and not redeemed in due tini'e, or of dif-pijfi-
)i such property as shall have beenabandoned to them by thc insured, aster.in average loss fliall have been sufferedon the same, or from aiding and afliftinindividuals engaged in the commerce o
this country, agreeably to she rules, regulatians, bye laws and ordinances ofthe laid corporation, which arc not con-
trary to the constitution and laws of thisstate and of the United States. , '
Sec' 25. No other company of Infurance, lhall bv anv law of this commonwealth, be' eftabiifhed during the continuance of the corporation hereby created. '
..
This aft shall commence and be inforce from and, aster thc paffage thereof.
rO&.THE KENTUCKV CAZETTB.
. A PISSERTATION ..,.,On the Political Charaifter and Writings of
THOMAS PAINE,Author of Common Sense, Rights of
Man, kc. ,
' (No. I.)
" The t;mDl: ofwirdflm isfcatil nni rock.above the rage o sighting elements, and in,accelublc to all the malice of iman. Therolling thunder breaks below ; and thosemore terrible inflrunients of human furv.reachnot lofofublime a height. Thefage,while he breaths thatferene air, looks downwijh plei-fur- mixed with companion, onthcerrn s of miltskcn mortals, who blindlyseel: foi rte true path of life, and pursueliches, imbilit), hondur and power, for gehumelelccit)."
Hume's Moral Essqys.Similar to a being looking down from
the em.-i.i- on this wotlfl, he beholds withcohipol'urc iiom his untlouded height, thcmali of mankind yet wandering in darkness,and error, tbtir miftikes and deviations,and U glooaiy tempelts that rage in thcdeep gkijs balov Inm.'J
Zimmerman on Nativnal Pride.
IN a philosophical aee", when thepaflions of mankind are invited bythe mott eloquent moral pcrluahves-- ,
to throw off their ferocity, and toyield to the milder dominion of rea- -
lon, the belt characters are condemn-ed to unmerited persecution. Nati-onal ingratitude has kept pace withthe progress of society ; the Rqrmof the paflions has raged as it mov-ed along, and the desolation has
its various mutations.Frorn one generation to another,Without abatement. Irt one age theFatal (hell is prefentedtaan Ariftides,by the hand of ingratitude; Epami- -
nondas, the laviour ot his country,is tondemliedto sweep the streets ;
Phocion is dragged to prifoh, audSocrates fentenfced to drink poison.Heyho propt the falling honours, ofimperial Rome, in the last stage ofher .decline, by the powers of hiseloquence, and hatched the brandfrom the hand of a Cataline, goesinto banifliment to appease the rageof his devoted coun.'crymeri. In an-other age; a Sidney buffers on the,scaffold, for the invincible integritydf his soul ; and a Hampden dies,for attempting to elevate thc rightsof man to their true political dignity. This will alw'ays be the sate oftpole men, whole noble minds,
that cautious wisdom whichwraps us tip in a solitary indifferenceto the affairs of tlieiworld, promptsthem to iaenhee their own eale, for.liberty.die felicity of others.. Upon this
. nrtllfntlnn nC 17 n 1.1 ..gtvuilUf 1.11 lb lUlilklULI Ul idllKillland Tefferfon have suffered martyrdom, in an enlightened age ; anci the
.r..1 - . .
same sate.To these distinguished patriots',
more dt fervipg the homage of com-
memoration than the ofThis great, man is the
political, what the ftlu is, in thephi- -
ncai tiemuptierc, com--- . jui jtcs
warmth and energy to whatever he?touches ; erradiates the millerious '
doctrine of human wifdQin,ry thepe-n,etratiotr(- !ff
thought; and gUrs birthto a new world of reflection, by un--folding what had hitherto repoiecUnafilentobfcurity. Beneath the influ-ence o his genius, of a mind expan-fiv- e
as the empire of thought, iujier-ftiti- on
and prejudice are willing tyield to a.liberul conviction. Tht:yawaken from the fatal enchantmentthat had hitherto entranced the fen- - ,
fes ; the spells of the forcer els ap- -f
pear in all their deformity ; therpifts vanifli from the ey&; and thefull fplendour of the liht of hea-
ven unfolds th,e miltery. By thismeans, he has flio'ok the fabric of theGothic policy. His.pen, the magicTalisman, by which, he has producedthese great effe&s, has caused thetyrants of the world, tto trem-ble on their thrones. Whil(l view-ing the venerable pagej witch .fpe alesthe language of nature, which ele-
vates the peafantto an equality with "
his oppreffor, they ' turn from theadmonition with terror, .and fictetvat the fatal hand writing" thatseems to seal their defliny. 1 o thatrace oF deluded mortals, the monu-ments of departed grandeur, in theabbes of St. Peter and St. Dennis,are not, more feMjftrl 'thari .tKereffayoath'e. Rights ot Man. ,Theoneholds up to view the sad picture ofthe closing scene to all lublunryiplendor, and repreffes the pride cambition which had led them astrayfrom the path of duty. The other,makes a more serious impreffion.It tbl'3nAtp close the scene andinflift tlifJniflirnenjt, in this life.TheyeTpynTreathe language ofthat ruhliinHfriMlnffvrihv. U'hirh mil.fe&teuiItV4ofliyetderat his crimes,andwn&ldsLtd tBe'eye of refleclion,
W.he UwRi'b.WAVhich, the tyrantis tempted nojdirly the n.ajk.ilj ofvirtue. -
Mr. Fame's ideas of civil oeiv-r- n
ment and political justice, ar. of 'th&nioltelevated kind. ,He Jr.iws therafrom their fonrlc. lie de-
rives thera from nature. 1I frrtltakes man as a solitary indjpe-r.den-t
being, such as he came from the handof his Creator 5 makes him a niorQagent j sixes the criterion of hi3S
rights, byan annalyfis of naturallaw, and unfolds to the potentatesoF the globe, ths terrible fecrct ofhis equality and the independa-iceo- f
his nature. He nest introd ices himinto society, and makes this .naturalequality and indrendejce, t lie ele-ments of the focft.1 compac"L. Hi6relations in this state, arc then de-veloped ; His political limits a.'cer-ti'.na- d,
and his civil privikgos fi--
ed. The line of duty is ur wn outfrom the coipbincd rights of nuttfri;and of society ; by which, he afcer-tai- ns
the laws of obedience and thecriterion of that negative powewhich man is bound to exerufe,' in.cases of usurpation.
It is upon these sublime and eter--
nal principles, that Mr. Paine erectsthe plan of civil government. v Itis from an analysis of this kind, that.hedifcovers the majefly of the peo-
ple and the' usurpation that had ed
it, in each age and nation ofthe world. It istherefore, from a modeto'freaf.oniiTg--thu- s
comprehensive and"" certain inits premises, that Mr. Painebe the molt powerful advocate, tljatever appeared in defence of human.
A clue of this kind, liasconducted him to a trii knowledge -
tame ot 1 nomas same, the intrepicial parasites. Hp has traced- - Jefptv--k'" i ""k'V "- - ""?rtiim tnrougiiaints various chajinels
of the grand farce, which hasbecqplayesJ off, from age to age, by kings,
and the whole tribe, ofcftroy--
oi usurpation ; burlt open the gVesor mat nuiierious laoynntn or 101- -
ment, wnen oYoifla, upon-pnuuj-J-
ot rigM, totK lenior.ts of itp-i- l
heap. lnUitutiorts, appear tv 1C Ji t.pa'roiis, fomonilrauo-- , i' . Mie" ..be tl. .iciin fitj,rc a '. s, i,.
philosophy has erected monuments. ;ly, which had so long concealed theThe fury of discord may rage inmonfter, aid rivalled the same ofvain; and the storms of fation by an iiluftrious triumph,tempt to blast the fairefl laurels but; It js impoffible that any thin arjthey are of that hardy nature, which exceed the " Diffe:rtatin oxfictbids defiance to the rudeic fliocks,. First Principles of Government,'"'and will bloom to rejoice fucceeding1;..! point of logical conchjfion,
when the tempeit is of thought, pcUy.o,otten. Ipr'.tty of an?ly f$kdA of
There arc sew men of atry atre. rm-ilt- :r.A of heriiftlffnVvaU;,.i,
author Com-mon Sense. in
i.e
prpper
Ihouid.
pnelts
$6