shall forfeit and pay five dollars for every such failure; and any constable, for failing to pay over the amount of every such execution, so collected, to the said surveyor, shall forfeit and pay the sum of ten dollars; said fines and forfeitures shall be collectable before any justice of the peace for said county, by any person suing for the same, and shall be applied to the further improvement of the roads of the several districts where assessed. § 6. That it shall be lawful for the county court of Pendleton county to allot hands to work on and keep clear of drift, Licking river, within said county, any law to the contrary notwithstanding. Approved February 25, 1851. 1851. CHAPTER 311. AN ACT to incorporate Wildey Lodge, No. 40, Independent Order of Odd Fellows. Members in. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William Marrs, George W. Mat- corporated. thews, William W. Penny, John H. McBrayer, and John Taylor, and their associates, members of Wildey lodge, No. 40, independent order of odd fellows, in Lawrenceburg, be and they are hereby created a body politic and corporate, by the name and style of Wildey lodge, No. 40, 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, of answering and being answered, and defending in all courts and 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. §2. The said corporation shall have power and authority to acquire 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, and re-invest or dispose of the proceeds; and may create a fund, in the same manner, for the benefit of the widows and orphans of deceased members of the corporation, sufficient to yield an annual income not exceeding three thousand dollars, and make laws and rules for the management and distribution thereof. §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 of them, sufficient to yield an annual income not May hold real estate. May establish school or library 1851. exceeding five thousand dollars, and to appoint suitable teachers and stewards, and other necessary officers, and to remove the same at pleasure; and may ordain, execute, and change all laws, rules, and regulations which they may deem necessary and proper for the government thereof, not inconsistent with the constitution and laws of this state or 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, of the independent order of odd fellows. Approved February 25, 1851. CHAPTER 313. AN ACT to surrender to the counties through which the Owingsville and Big Sandy Turnpike Road runs, the control of said road, and declare the same a county road. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when the charter of the Owingsville and Big Sandy turnpike road company shall be declared forfeited, under the act, approved December 21, 1850, entitled, an act to require the attorney general to perform certain duties in regard to the Owingsville and Big Sandy turnpike road company, the attorney general shall inform the county courts of the counties of Bath, Fleming, Carter, and Greenup of the forfeiture of said charter. Each of the said courts (if they shall think it the best course) shall then take control of so much of said road running through their respective counties, and shall cause the same to be put in complete repair as a turnpike road, and according to the requirements of the various acts respecting said road; and, to this end, shall make all necessary contracts, and make appropriations out of their county treasuries, and appoint commissioners, not exceeding three in each county, to manage the said road, under the control and directions of said courts; and in all things shall be governed by the act of incorporation of the original charter, and amendatory acts concerning the same, and shall be subject to all the liabilities, and have all the powers granted heretofore to said company, when the same is not inconsistent herewith; and may put up gates every ten miles, and take toll to keep said road in repair; or the said courts, or either of them, if they shall not adopt the course pointed out in the first part of this act, shall declare so much of the road as is in their respective counties a county road, and shall appoint surveyors, and allot hands to keep the same in repair, as other county roads; and shall take control of all the bridges and other property of the same, and control the same as property of the said counties, for the purposes of said road; and in all things be governed by the laws concerning other county roads; but nothing herein shall be construed to mean that the property in said road is surrendered to the counties, or either of them, so that the general assembly cannot resume the right of property, or control of the same, by a repeal of this act. Approved February 25, 1851. 1851. CHAPTER 314. AN ACT for the benefit of James Clark, late sheriff of Casey county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James Clark, late sheriff of Casey county, have the further time of two years to collect the arrearages of taxes and fee bills in his hands due and uncollected for the years 1845 and 1846, and that he be authorized to levy and distrain for the same, as now provided by law. Approved February 25, 1851. CHAPTER 316. AN ACT to encourage the construction of Plank, Turnpike, and Railroads in Daviess county. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That each stockholder, in any company now organized, or which may be organized, (under the gen eral law of this state, approved March 7, 1850, entitled, an act to authorize the construction of plank, stone, and gravel turnpike roads in this commonwealth,) for the purpose of constructing plank or railroads in Daviess county, for each share of one hundred dollars subscribed and actually paid in, shall, as long as said stock is held in his or her own right, have one hand exempt from working on other public roads in said county. § 2. That the president and board of managers of any such road, in the county of Daviess, shall be unrestricted as to the amount of profits or dividend declared to the stockholders: Provided, they do not exceed the rates of toll prescribed by the ninth section of the general law aforesaid. Approved February 25, 1851. CHAPTER 317. AN ACT to incorporate the Eolian Building Company, of the town of Bowlinggreen. Company in 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That A. G. Hobson, George Lehman, J. corporated." G. McGehee, Charles J. Vanmeter, Chesterfield Jackson, 1851. William M. Dunnavan, Joseph B. Martin, and William J. Hobson, and their associates and successors, are hereby created a body corporate, by the name of the Eolian building company, for the purpose of erecting a suitable building or buildings, in the town of Bowlinggreen, in Warren county, for the purpose of renting for the use of societies, individuals, exhibitions, and such other purposes as said company may, from time to time, determine on. § 2. That the capital stock of said company shall not exCapital stock. ceed ten thousand dollars, to be divided into shares of ten dollars each. Every stockholder shall be entitled to a vote on each share of stock subscribed for and paid by him. The written or printed certificate of the president of the board of trustees, hereafter to be appointed, shall be evidence of the ownership of stock in said company, and the same shall be transferable on the books of the company, or by assignment, with notice thereof to the trustees, in accordance with such by-laws as may be passed regulating assignments, transfers, &c. Trustees to be elected annually laws, &c. §3. That the management of the concerns of said corporation shall be confided to a president and four trustees, whom the stockholders shall elect annually in the month of April, and who, or a majority of whom, shall have full power to make all contracts pertaining to the erection of a proper building or buildings, such as buying a lot or lots, contracting for materials, furniture, &c., and all incidental powers to finish and complete said building, or buildings, as may best suit the purposes of said company. §4. That said corporation shall have full power to make May enact by all by-laws necessary to carry out the foregoing purposes: Provided, a majority of all the stockholders shall vote for such by-laws, at any regular meeting. § 5. That the object of this corporation shall be for the jects of this purpose of erecting, by joint stock, a building or buildings suitable for societies, rooms for exhibitions, or for stores and other purposes; and each stockholder shall hold an interest therein in proportion to the amount of his stock. powers. § 6. The said corporation shall be capable of suing and Corporate being sued, and of holding the legal title of any lot or lots that may be necessary for the above purposes, and conveyed to it. That said president and trustees shall have full power to sell and convey any lot or lots, and the property of said company, whenever a majority of two-thirds of said stockholders shall so determine at a regular meeting: Provided always, said company shall be liable to pay taxes on the property owned by them, as individuals are. Approved February 25, 1851. CHAPTER 318. AN ACT to incorporate Green River Lodge, No. 54, Independent Order of Odd Fellows, in Hopkinsville. 1851. Members in § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of Green river lodge, corporated. No. 54, of the independent order of odd fellows, of Hopkinsville, Christian county, be and they are hereby created a body politic and corporate, with perpetual succession, by the name and style of Green river lodge, No. 54, of the independent order of odd fellows, of Hopkinsville; 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 may be 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, 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. That the management of the concerns of said corpora tion shall be and is hereby entrusted to three trustees, who shall be annually appointed by said lodge, from among its members, in the month of October, and who, or a majority of whom, shall have full power to make all contracts in relation to the real or personal estate of said lodge, in every respect, either in purchasing, building, renting, or for any other purpose, which shall be binding and obligatory on said lodge, when made in pursuance of the rules, by-laws, and instructions of said lodge; and when a vacancy shall occur among said trustees, the lodge may proceed at any time to fill it; and should any trustee remove from the town of Hopkinsville, or cease to be a member of said lodge, his said office shall be thereby vacated; and the lodge may, for good cause, remove any of the trustees. Service of notice or process on any of said trustees shall be sufficient notice to said corporation. §3. That the object of this act is only to enable said lodge to rent, purchase, or hold real and personal estate; and the power hereby granted shall not be employed for any other purpose; and the laws, by-laws, rules, and regulations of said lodge touching said estate, shall not conflict with the constitution and laws of this state. 30 Approved February 25, 1851. Trustees to be elected annually |