company, praying a sale of said road and its privileges, in which prayer a majority of those holding stock shall concur, power and authority is hereby conferred on said court to decree a sale of same, and a distribution of the proceeds thereof among those who own stock in proportion to the amounts paid by them severally; or said court may, in its discretion, upon equitable terms, adjudge a lease of said road for a term of years, to discharge the indebtedness. of the company, and secure the extension of said road. §2. That Madison county being interested as a stockholder in said road, must be a party to said suit, and may be brought before the court by the service of process on the presiding judge of the county court of said county. 3. This act to be of force from its passage. Approved February 21, 1863. 1863. CHAPTER 867. AN ACT to incorporate Sherburn Chapter of Royal Arch Masons, of the county of Fleming. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John Roby, Joseph Williams, Edmund Moren, and John W. Tanner, and their successors, be and the same are hereby constituted a body corporate, under the name. and style of Sherburn Chapter of Royal Arch Masons;" that they may have and use a common seal, by such style they may sue and be sued; that they may receive, by donation or gift, or may purchase and hold such property as may be necessary for the use of said chapter; that they may enact by-laws for the government of said chapter; and that they shall enjoy all the rights and privileges which may be necessary and beneficial to said corporation, within the purview of the objects of said chapter. § 2. That this act shall take effect from and after its passage. Approved February 21, 1863. CHAPTER 868. AN ACT to incorporate Cherokee Tribe, No. 36, Independent Order of Red Men. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That B. H. Frederic Betz, O. Sommer, B. Ch.; Gotthelf, Deputy Grand Chief; John 1863. Treas.; Andreas Miller, Sec.; Jos. Faulkirch, Marshal; Geo. Reichert, Herald; Peter Plenner, Thr.; Jos. Berg, G. and Z. W.; Jos. Sol. Kohn, W. W., and forty-three other associates, the present members of their society, and their suocessors, be and they are hereby constituted a body politic and corporate, by the name of "Gherokee Tribe, No. 36, Independent Order of Red Men, of Louisville, Ky.;" and by that name shall have perpetual succession, and are empowered and rendered capable to receive, by gift, grant, purchase, and devise, such real estate and personal property as may be necessary to the proper enjoyment of their corporate rights, as a benevolent society, not exceeding fifty thousand dollars in value; and that they may sell, exchange, convey, transfer, and assign the same, at pleasure, and may form and adopt a constitution and by-laws, not inconsistent with the laws and constitution of this Commonwealth, and of the United States of America, for the government of said society, and for the regulation of its affairs. § 2. The said tribe may elect such officers, and at such times, as prescribed by their constitution. § 3. That said tribe may sue and be sued by its corporate name, and in any legal process be represented through its presiding officer, and in his absence by the U. Ch, B. Ch., treasurer, or secretary, according to their respective grades. § 4. That, in the event this society should ever be so reducel in numbers as to contain less than eleven members, it shall, ipso facto, be dissolved, and all property which shall then belong to it shall be vested in the city of Louisville, for the use of the public schools thereof. § 5. The General Assembly shall have power to alter, change, amend, or repeal this act at pleasure. Approved February 21, 1863 CHAPTER 869. AN ACT to amend the charter of the town of Springfield. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That appeals may be taken from the judgments of the police judge of Springfield to the quarterly court of Washington county, in all cases for the breach of the penal laws of the State or the ordinances of said town, where the same is not less than five dollars and does not exceed fifty dollars, exclusive of costs; and to the Washington circuit court, where the judgment is fifty dollars or more. The appeals shall be taken in the same manner, and within the same time, that appeals are now, by law, allowed to be taken in penal cases from the justices' courts to said courts respectively. § 2. That the justices of the peace residing in the magistrates' district in which the town of Springfield is situate, shall have concurrent jurisdiction with said police judge in the trial of all cases for the breach of the penal laws of the State, or ordinances of said town, from whose judgment appeals may be taken as provided in the first section of this act, and shall have the same fees in such cases. 3. That the twenty-third section of the act of which this is an amendment, entitled, "an act to reduce into one the several acts relating to the town of Springfield," approved 15th February, 1858, is hereby repealed, and no other fees shall be taxed except those named in the thirteenth and twentieth sections of said act. § 4. That Anthony McElroy is exempted from the payment of town tax, either per capita or ad valorem, upon all slaves which he works exclusively upon his farm, any law regulating said town notwithstanding. 5. This act to take effect from its passage. Approved February 21, 1863. 1863. CHAPTER 870. AN ACT to authorize the Commissioners of the Sinking Fund to purchase a lot in Frankfort for the State. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the commissioners of the sinking fund be and 'they are hereby authorized to purchase, for the use of the State, on such terms, and at such times, as they may think proper, of Newton Craig, (provided he has a good title thereto,) a certain lot of ground in the town of Frankfort, binding on the street leading from the penitentiary to the Kentucky river, and lying back of the penitentiary ware-house, for such sum as they may deem just; and that they have the same conveyed to the State by deed with general warranty. §2. That the said commissioners are hereby authorized to draw their warrant on the treasury for the sum agreed on by them to be paid for the lot of ground. 3. This act is to go into effect from its passage. Approved February 21, 1863. 62 1863. CHAPTER 871. AN ACT for the benefit of John H. Allison, late sheriff of Lawrence county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall and may be lawful for John H. Allison, late sheriff of the county of Lawrence, to return to the Auditor's office the delinquent list of $40 95 placed in the hands of his predecessor, John W. Haws, and allow the said Allison credit therefor--the said Allison not having received said list whilst acting as sheriff, although the same has been charged to him by the Auditor; and if the same has been paid into the treasury by said Allison the Auditor will return the same to him. § 2. The Auditor shall relist the said delinquent list with the proper officer for collection. §3. This act shall take effect from and after its passage. Approved February 21, 1863. CHAPTER 872. AN ACT for the benefit of M. W. Galloway, late sheriff of the county of Graves. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the further time of two years, from and after the passage of this act, shall be and the same are hereby given to M. W. Galloway, late sheriff of the county of Graves, in which to collect the arrearages of public revenue and county levy in said county for the year 1860; he shall have power and authority to distrain for the same, he and the sureties in his official bond being liable for ille gal distress as in other cases. § 2. This act shall take effect from and after its passage. Approved February 21, 1863. CHAPTER 873. AN ACT for the benefit of the Oregon turnpike road company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the president and directors of the Oregon turnpike company, in Mercer county, are authorized to make an assignment of all its rights, privileges, franchises, and property for the use and benefit of all its creditors. The assignment shall be signed by the president, and recorded in the clerk's office of the Mercer county court. It shal take effect from the time it is acknowledged before said clerk, and lodged there for record; Provided, Said assignment shall not effect any existing lien upon the said assigned effects. § 2. That all suits brought to enforce said assignment shall be governed by the third, fourth, fifth, and seventh sections of an act, entitled, "an act to prevent fraudulent assignments in trust for creditors, and other fraudulent conveyances," approved 10th March, 1856. 3. That any purchaser of said road, or of its franchises, shall keep said road for the public travel, and perform all the duties of" an act authorizing the construction of a turnpike road from the town of Oregon, on the Kentucky river, to the Louisville and Crab Orchard road," approved 1st March, 1848. § 4. This act shall take effect from its passage. Approved February 21, 1863. 1863. CHAPTER 874. AN ACT for the benefit of R. R. Bolling. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the further time of two years, from and after the passage of this act, is allowed R. R. Bolling, late clerk of the court of appeals, to collect his unpaid fee-bills; and during the time aforesaid may distrain therefor, under the same restrictions, and subject to all the penalties, now prescribed by law for issuing and collecting illegal fee-bills. §2. This act shall take effect from its passage. Approved February 21, 1863. CHAPTER 875. AN ACT to establish an office for the recording of deeds and mortgages at Newport. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter it shall be the duty of the clerk of the Campbell county court to record, at his office in the city of Newport, in suitable books to be procured for that purpose, all deeds and mortgages for the conveyance of real estate situated within the corporate limits of said city, or within the limits of the first magistrates' district in the county of Campbell, and outside of said city; and such records are hereby declared to be public, and shall have the ame efiect in all respects whatever, and for every purpose, |