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ments upon the same, or for the preservation of the same. from trespass; and may do any and every lawful act for the purpose of preserving and keeping said property for the uses specified in the foregoing sections.

§ 5. A majority of the members of the board of trustees may constitute a quorum to transact business.

Approved February 17, 1851.

1851.

CHAPTER 273.

AN ACT to incorporate Bullitt Royal Arch Chapter, No. 44. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the present members and officers of Bullitt Royal Arch Chapter, No. 44, and their successors, be and they are hereby created a body politic and corporate, by the name and style of Bullitt Royal Arch Chapter, No. 44; and, by that name, shall have perpetual succession, and be capable to receive and hold, by gift, grant, purchase, or devise, any description of real estate, not to exceed in amount, at any one time, the sum of ten thousand dollars, and, also, such personal estate as may be requisite for the use and benefit of said corporation, and to sell, exchange, and convey the same at pleasure; to sue and be sued, plead and be impleaded, defend and be defended, in any court of law or equity in this state; and may have and use a common seal, and the same to alter and renew at pleasure.

§ 2. That the present officers of said chapter are hereby appointed trustees of the same, who shall hold their offices until the 24th day of June, 1851, and until their successors are duly elected; and thereafter the officers semi-annually elected shall constitute said board of trustees; and service of process upon any such trustees shall be held sufficient notice upon said corporation.

§3. All real and personal property now belonging to said chapter shall as fully and completely vest in the trustees of the same as if acquired after the passage of this act; and the legislature hereby reserves the right to repeal or modify this act at pleasure.

Approved February 17, 1851.

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CHAPTER 274.

AN ACT to incorporate Germantown Lodge, No. 207, of Free and Accept

ed Masons.

Members in

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of the Germantown corporated. lodge, No. 207, of free and accepted masons, of Germantown, Mason county, be and they are hereby created a bo

1851.

to

Wardens manage its con

cerns.

dy politic and corporate, by the name and style of Germantown lodge, No. 207, with perpetual succession; and, by that name, shall be capable of contracting and being contracted with, of suing and being sued, of purchasing all such real and personal estate as may be required for the use of said lodge; to receive all necessary conveyances, to sell, convey, and dispose of all such real or personal estate as they may now have, or hereafter acquire: Provided, the amount vested in real estate shall at no time exceed ten thousand dollars.

§ 2. That the management of the concerns of said corMaster and poration shall be and is hereby confided to the masters and wardens of said lodge, for the time being, and their successors in office, trustees thereof, who, or a majority of whom, shall have full power to make all contracts pertaining to the real or personal estate of said lodge; and service of process or notice on any of said trustees shall be sufficient notice to said corporation.

§3. That the general assembly shall have power to repeal or amend this charter.

Approved February 17, 1851.

CHAPTER 275.

AN ACT for the benefit of the widow and heirs at law of Samuel Scott, deceased.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Helen M. Scott, widow of and guardian to the infant heirs at law of Samuel Scott, deceased, to file a petition before the judge of the Woodford circuit court, making said infants defendants, alledging, under oath, that the said Samuel died seized of a tract of land in said county, which was improved, and that about three hundred acres of the land were allotted to the said children, and the remainder was, with the mansion house, allotted to the said Helen in dower; and that since that time the mansion house has been consumed by fire, and its re-construction, upon equitable principles, would redound to the benefit of said infants.

§ 2. That said judge shall appoint an attorney to defend for said infants, and hear and determine said petition, upon such proof as may be offered to or required by him; and if, on the hearing, he shall be of opinion that the re-construction of said mansion house would redound to the benefit of said infants, he shall determine what portion, if any, the widow, taking into consideration the value of her dower, should contribute, and what portion the children should contribute, and order the guardian of said children to pay and appropriate their portion out of the profits of their estate, over and above a sum required for their support, to

the erection of said mansion house: Provided, that the sum required of the infants shall be deemed, by the judge, proper and consistent with their estate and condition: Provided further, that before the said judge shall direct the appropriation of the portion of said infants, he shall require of the widow bond, with such security and penalty as he may deem sufficient, conditioned for the faithful application of whatever sum said judge may consider she should appropriate to the erection of said mansion house; and said judge shall also take similar bond from the guardian of said children, conditioned for the faithful application of the portion of the infants in the construction of said house. Approved February 17, 1851.

1851.

CHAPTER 276.

AN ACT to amend the charter of the Cave Hill Cemetery. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act incorporating the Cave Hill cemetery, near the city of Louisville, be and it is hereby so amended as that it shall be the duty of the president and managers thereof, when making their annual report to the mayor and council of the said city, to present a list of the lot holders in said cemetery; and no person shall be elected a president or manager of said cemetery, who does not own three hundred feet of ground, or upwards, in said cemetery.

§ 2. That the charter be further amended so as that hereafter the lot holders in said cemetery shall have the right to elect four, and the city of Louisville five managers of said cemetery.

Approved February 17, 1851.

CHAPTER 277.

AN ACT to amend an act establishing the Covington Commercial College. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the third section of the act establishing the Covington commercial college, approved February 17, 1849, be so amended as to read thus: "that all questions before the corporation shall be decided by a majority of the members present; and three members shall constitute a quorum to transact all business, except the election of officers, which shall require five members."

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Approved February 17, 1851.

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AN ACT for the benefit of John G. Parks, Clerk of the Nicholas County
Court.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John G. Parks, clerk of the Nicholas county court, shall have the further time of two years, from and after the passage of this act, to collect, by distress or otherwise, all such of his fee bills as now remain uncollected, any law to the contrary notwithstanding. Approved February 17, 1851.

corporated.

CHAPTER 280.

AN ACT to incorporate Phoenix Lodge, No. 28, of the Independent Order of Odd Fellows.

§ 1. Be it enacted by the General Assembly of the CommonMembers in wealth of Kentucky, That Zepheniah Williams, John W. Pruett, William M. Todd, Benjamin Luckett, Charles S. Waller, and their associates, members of Phoenix lodge, No. 28, independent order of odd fellows, in Frankfort, be and they are hereby created a body politic and corporate, by the name and style of Phoenix lodge, No. 28, independent order of odd fellows; and they and their associates and successors shall so continue, and have 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, 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 constitution and laws of this state.or of the United States.

dispose of their property.

§2. The said corporation shall have power and authority May hold and to acquire and hold real and personal estate, not exceeding ten thousand dollars in value, and, from time to time, if deemed expedient, sell and convey the same, or any part thereof, and to reinvest or dispose of the proceeds; and to create a fund, in the same manner, for the benefit of the widows and orphans of members of the corporation that may decease, sufficient to yield an annual income not exceeding one thousand dollars; and to make and change laws and rules for its management and distribution.

§ 3. The said corporation shall have power to establish a school and a library, or either, and to acquire and hold, a school or li for that purpose, a fund, in the manner named in section

May establish

brary.

second, for the support of the same, or either, sufficient to yield an annual income not exceeding three thousand dollars; and to appoint suitable teachers, and stewards, and other necessary officers, and to remove the same at pleas

ure; 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.

§ 4. In the event of a dissolution of this corporation, its effects and property shall become the property of the grand lodge of Kentucky, independent order of odd fellows. Approved February 17, 1851.

1851.

CHAPTER 283.

AN ACT to amend the charter of the Bowlinggreen and Tennesse Rail. road Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the proviso to the eighteenth section of an act, entitled, an act to charter the Bowlinggreen and Tennessee railroad company, approved March 5, 1850, be and the same is hereby repealed.

Approved February 17, 1851.

CHAPTER 284.

AN ACT to incorporate Salt River Lodge, No. 180, in the town of Mount

Washington, in Bullitt county.

Members in.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of Salt river lodge, corporated. No. 180, of the masonic fraternity, of the town of Mount Washington, in Bullitt county, be and they are hereby created a body politic and corporate, by the name and style of Salt river lodge, No. 180, with perpetual succession; and, by that name and style, shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of purchasing and holding all such real and personal estate as may be required for the use of said lodge; to receive all necessary conveyances, to sell, convey, and dispose of all such real or personal estate as they may now have, or hereafter acquire: Prorided, the amount vested in real estate, exclusive of the buildings, shall at no time exceed twelve thousand dollars.

Trustees, their

§ 2. That the management of the concerns of said corporation shall be and is hereby confided to Edward Hessey, powers & duties Henry J. Barns, Smith M. Hobbs, and George E. Rogers, and their successors in office, as trustees thereof, who, or a majority of them, shall have power to make all contracts pertaining to the real or personal estate of said lodge; and service of process or notice on any of said trustees shall be sufficient notice to said corporation.

§ 3. That the trustees named in the 2d section shall hold their office until the 24th day of June, 1852, when the mem

Trustees to be elected.

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