in relation to private passways, which were made applicable to Mercer county, and several other counties therein named, be and the same are hereby adopted, incorporated, and made part of this act, so far as Mercer county is concerned, and to be and constitute the fourth, fifth, sixth, seventh, eighth, ninth, tenth, and eleventh sections of this act, with this exception, that where ten feet is mentioned in said sections hereby adopted, it shall be twenty feet in place of ten feet. § 4. Be it further enacted, That all acts or parts of acts coming within the purview of this act, and the adopted and incorporated sections above referred to, so far as Mercer county is concerned, be and the same are hereby repealed: Provided, however, that all the private passways which have heretofore been established by the Mercer county court, by any order or orders of said court, under the provisions of the general private passway laws, or under the provisions of the act of 22nd February, 1834, above referred to, are hereby declared to be good and valid, and as legal as though said acts, or any part of them, had never been repealed, so far as Mercer county is concerned. § 5. Be it further enacted, That the Mercer county court may allot hands to open and keep in repair any private passway, which shall hereafter be established in Mercer county, under the provisions of this act, or may require the applicants to open and keep the same in repair. Approved November 24, 1851. CHAPTER 23. AN ACT to incorporate Friendship Lodge, No. 5, Independent Order of § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of Friendship Lodge, No. 5, of the independent order of odd fellows, at Lexington, Kentucky, be and they are hereby created a body politic and corporate, with perpetual succession, by the name and style of Friendship Lodge, No. 5, I. U. O. F.; and by that name shall be capable of contracting and being contracted with, of suing and being sued, of leasing, renting, purchasing, and holding all such real estate as the said corporation may consider requisite for the use and accommodation of said lodge; to receive all necessary conveyances, and to sell, dispose of, and convey all such real estate as they may now own, or hereafter acquire: Provided, the amount vested in real estate, by purchase made by such lodge, or otherwise, shall at no time exceed the sum of ten thousand dollars, in addition to the cost of the building or buildings that may be erected thereon. 2. The said corporation shall have power to acquire and hold personal estate, not exceeding in value twenty thousand dollars; and, in addition thereto, shall have power to create a fund in accordance with the rules and regulations of the order, and the laws of the grand lodge of Kentucky of the independent order of odd fellows, for the benefit of the widows and orphans of members of the corporation, as will or may be sufficient to yield an annual income not exceeding three thousand dollars. 1851. May hold personal estate. May establish a school of support. and §3. The said corporation shall have power to establish a school and a library, or either, and to acquire and hold, provide means for that purpose, a fund sufficient to yield an annual income not exceeding five thousand dollars; and to appoint suitable teachers, stewards, and other necessary officers, and to remove the same at pleasure; and said school or library to be for the use and benefit of the orphans of the members of the independent order of odd fellows. § 4. The said corporation shall make known all its acts by the signature of the N. G. at the time, and by the attestation of the secretary, and the seal of the lodge, which shall be binding upon said corporation. May pass by. § 5. The said corporation shall have power, from time to time, to pass laws and rules for the regulation of the laws, rules, &c. same, not inconsistent with the laws of the United States and the state of Kentucky, and not inconsistent with the laws and rules of the grand lodge of Kentucky of the independent order of odd fellows. 6. In the event of a dissolution of this corporation, its effects and property, real and personal, shall be disposed of as the laws of the grand lodge of Kentucky, independent order of odd fellows, may designate and declare. Approved November 24, 1851. In case of dis solution, grand lodge to disposs of the effects. CHAPTER 25. AN ACT for the benefit of the sheriff of Ohio county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John B. Stevens, sheriff of Ohio county, shall be allowed until the April term of the Ohio county court, 1852, to make his returns to said court of his delinquent list of revenue tax and county levy for the year 1851; and, when so made, he shall be credited therewith. Approved November 24, 1851. CHAPTER 26. AN ACT to amend the charter of the Union and Florence Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the charter of the Union and Florence 1851. turnpike company be so amended that the president and directors of said company shall be allowed to erect a gate, or gates, for the collection of toll on said road; and that they be authorized to charge half toll for all wheel carriages and stock, and for convenience of change, a uniform rate of three cents on a single horse and rider. Approved November 24, 1851. corporated. Corporate name and powers. CHAPTER 27. AN ACT to incorporate Mangum Lodge, No. 21, Independent Order of §1. Be it enacted by the General Assembly of the CommonMembers in wealth of Kentucky, That H. S. Lewis, L. M. Flournoy, Wm. F. Norton, F. D. Patton, and George H. Morrow, and their associate members of Mangum lodge, No. 21, independent order of odd fellows, in Paducah, be and they are hereby created a body politic and corporate, by the name and style of Mangum Lodge, No. 21, independent order of odd fellows, with perpetual succession; and by that name shall be capable in law to have and use a common seal, to sue and be sued, plead and be impleaded, to answer and defend in all courts and elsewhere, as natural persons; May make by and may ordain and put in execution such laws, rules, and regulations for its government and the management of its affairs, and may change and renew the same, as they may deem proper: Provided, they be not contrary to the laws and constitution of this state, or of the United States. laws, &c. estate. § 2. The said corporation shall have power to acquire May hold real and hold real and personal estate, not exceeding twenty thousand dollars in value; and, from time to time, if deemed expedient, may sell and convey the same, or any part thereof, or to re-invest or dispose of the proceeds; and to create a fund, in the same manner, for the benefit of widows and orphans of members of the corporation, as they may decide, sufficient to yield an annual income not exceeding three thousand dollars, and to make and change the laws and rules for its management and distribution. Create a widow's fund. §3. The said corporation shall have power to establish a school and a library, or either, and to acquire and hold for that purpose a fund, in the manner named in the second section of this act, for the support of the same, or either, sufficient to yield an annual income not exceeding five thousand dollars, and to appoint suitable teachers, stewards, and other necessary officers, and to remove them at pleasure; and may ordain, execute, and change all laws, rules, and regulations, which it may deem necessary and proper, so that they be not contrary to the constitution and laws of this state, or of the United States. Approved November 24, 1851. CHAPTER 28. AN ACT to amend the charter of the Covington and Lexington Railroad Company. 1851. Number of in creased. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the number of directors of the directors Covington and Lexington railroad company be increased to nine; and hereafter there shall be elected at least one director from the stockholders, residing in each of the counties of Fayette, Bourbon, Harrison, Pendleton, and Kenton; and when vacancies shall occur in the board, appointments shall be made, so as to have one director, at least, residing in each of said counties. Board may ap the number. § 2. That immediately after the passage of this act, the board of directors of said company may make appoint- point to fill up ments so as to fill up the board; one director so appointed shall reside in Fayette county, and one in Bourbon county, who shall serve until the succeeding election of direc tors of said company. Approved November 24, 1851. CHAPTER 29. AN ACT to amend an act, entitled, an act to incorporate the Lexington, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the title of an act, entitled, an act to incorporate the Lexington, Owingsville, and Big Sandy railroad company, be amended so as to read, an act to incorporate the Lexington and Big Sandy railroad company; and that said railroad shall be surveyed and located on the best and most practicable route from Lexington to Big Sandy river, without regard to any intermediate points, by the commissioners heretofore appointed. Approved November 24, 1851. CHAPTER 30. AN ACT to authorize the Crittenden County Court to change the state road to Flynn's ferry. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Crittenden county court be and is hereby authorized to change the state road from Princeton to Flynn's ferry, on the Ohio river, so as to leave the old road at or near the farm of Joseph Hughes, deceased, to run on the east side of the old road, so as to intersect the same at or near the farm of William Hill; said court to be governed, in making said change, by the laws now in force concerning roads. Approved November 24, 1851. AN ACT amending the charter of the Maysville and Mountsterling Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act incorporating the Maysville and Mountsterling turnpike road company be so amended as not to restrict said company to any particular degree in the grade of said road, but to leave the same discretionary with the president and directors of said company. Approved November 24, 1851. CHAPTER 32. AN ACT to change the State Road leading from Georgetown to Covington. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful to make any alteration in the state road, known as the Alphin road, leading from Georgetown to Covington; said alteration to begin at or near Eli W. Northcut's farm, in Boone county, and to pass through the lands of Moses McClure, J. H. Barker, T. M. Kyes, Alvin Kyes, Preston Cummins, and J. M. Wolf, in the town of Crittenden, in Grant county, where the same intersects the Georgetown and Covington turnpike road: Provided, however, that the said proposed alteration be made forty feet wide by the persons above named, prior to the closing of the present road. Approved November 24, 1851. corporated. name and pow. ers. CHAPTER 33. AN ACT to incorporate Mason Lodge, No. 33, I. O. O. F. 1. Be it enacted by the General Assembly of the CommonMembers in- wealth of Kentucky, That J. R. Eader, W. C. Hutchison, Walter Warder, J. T. Wilson, John W. Williams, and Robert Caldwell, and their associate members of Mason Lodge, No. 33, independent order of odd fellows, in Mayslick, be and they are hereby created a body politic and corCorporate porate, by the name and style of Mason Lodge, No. 33, independent order of odd fellows, with perpetual succession; and by that name shall be capable in law of having and using a common seal, of suing and being sued, pleading and being impleaded, answering and being answered, and of defending and being defended, in all courts and May make by elsewhere, as natural persons; and may ordain and put in execution such by-laws, rules, and regulations for its government, and the management of its affairs, and change and renew the same, as they may deem proper: Provided, they be not contrary to the constitution and laws of this state, and of the United States. laws, &c. |