be required to give bonds, in proper penalties, to the lodge, to make true account of such sums of money of said lodge as may come into their hands. 1850. Master and wardens to man § 2. That the management of the concerns of said corporation shall be and is hereby confided to Joseph Z. Wheat, age its concerns. William O. Murrell, and Timoleon Cravens, master and wardens of said lodge, 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, in any respect, either purchasing, building, renting, or for any other purpose, which shall be binding upon said lodge, when made in pursuance of the rules and by-laws of said, lodge; and service of process or notice on any of said trustees shall be sufficient notice to said corpo ration. §3. That said lodge may, at any time, pass such by-laws, rules, and regulations, not inconsistent with the laws and constitution of this state, as may be necessary for the protection, management, and safe keeping of the property of said lodge; and any money recovered for any trespass or injury done to the property aforesaid, shall be for the use and benefit of said lodge, and shall be so applied. How process to be served. May enact by. laws, & c. Objects of this § 4. That the object of this corporation is to enable said lodge to hold and manage the property thereof; and this act. act, and the powers hereby granted, shall not be employed for any other purpose. § 5. The general assembly hereby reserves the right to change, alter or amend this act at pleasure. Approved December 20, 1850. Power reserved. CHAPTER 103. AN ACT to repeal the 3d section of the act to amend the laws relating to the town of Frankfort, approved February 21, 1849. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the third section of the act, entitled, an act to amend the laws relating to the town of Frankfort, approved February 21, 1849, be and the same is hereby repealed; and the councilmen authorized to be elected by said act, shall be elected at the same time and in the same manner as trustees of said town were authorized to be elected by the laws in force prior to the passage of said act. Approved December 20, 1850. CHAPTER 104. AN ACT for the benefit of A. &. Hodges and Tho. S. Page. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of thirty-one dollars and twenty-five cents be paid to A. G. Hodges and Thos S. Page, 1850. out of any moneys in the treasury not otherwise appropriated, being the amount paid by them to Charles G. Monis for carrying a dispatch from the governor to Letcher county for the commissioners' books for the year 1850. Approved December 21, 1850. corporated. CHAPTER 106. AN ACT to incorporate McKee Lodge, No. 144, of Free and Accepted Ma § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of McKee lodge, No. Members in 144, of free and accepted masons, of London, be and they are hereby created a body politic and corporate, by the name and style of McKee lodge, No. 144, with perpetual succession, and, by that name, shall be capable of contracting and being contracted with, of suing and being sued, of purchasing and holding all such real and personal estate as may be required for the use and accommodation 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, exclusive of buildings thereon, shall at no time exceed ten thousand dollars. Corporate powers. Who to control said corporation How process to be served. laws, &c. § 2. That the management of the concerns of said corporation shall be and is hereby committed to J V. L. McKee, John Pitman, and R. Ohler, master and wardens of said lodge, and their successors in office, as trustees, who, or a majority of whom, shall have full power to make all contracts pertaining to the real and personal estate, in every respect, either in purchasing, building, renting, or in any other way, which shall be binding and obligatory upon said lodge, when made in pursuance of the rules, by-laws, and instructions of said lodge; and service of process or notice on any of said trustees shall be sufficient notice to said corporation. § 3. That said lodge may at any time pass such by-laws, May enact by rules, and regulations, not inconsistent with the constitution and laws of this state, as may be necessary for the protection, management, and safe keeping of the property of said lodge; and any moneys recovered for any trespass or injury done or committed on or to the property aforesaid, shall be for the use and benefit of said lodge, and shall be so applied. act. § 4. That the object of this act is only to enable said Objects of this lodge to hold and manage its property, and the powers hereby granted shall not be employed for any other purpose; and the general assembly hereby reserves the right to change, alter or amend the same at pleasure. Power reserved. Approved December 21, 1850. CHAPTER 107. AN ACT to reduce into one, amend, and digest the acts and amendatory acts incorporating the city of Lexington. 1850. Boundary de Corporate powers. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the county of Fayette fined. as is contained within the following bounds, to-wit: one mile from the court house in every direction. shall be and hereby is declared to be a city, and the inhabitants thereof are created a body corporate and politic, with perpetual succession, by the name and style of the "city of Lexington," and as such, by that name, shall be capable, in law, of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places, and in all matters whatsoever; and may have and use a corporate seal, and change, alter, and renew the same at pleasure. §2. That the fiscal, prudential, and municipal concerns of the said city, with the government and control thereof, shall be vested in one principal officer, to be called the mayor, and one city council, consisting of twelve persons, to be denominated the board of councilmen, who shall be elected on the first Saturday in January next, in the way they have heretofore been elected; and the councilmen shall hold their offices for one year, and until their successors shall be duly elected and qualified; and the mayor shall hold his office for one year, and until his successor shall be so elected and qualified; all of whom shall have resided in said city two years next preceding the election, and be citizens of this state. § 3. That it shall be the duty of the mayor and councilmen, that shall be first elected under this act, to lay off the said city into four wards, for the purposes herein named as nearly equal as possible as to number of inhabitants, improvements, and permanent boundaries, each of which wards is to be entitled to elect three councilmen, to be members of the board of councilmen ; and it shall be the duty of the said mayor and councilmen, from time to time, to alter the boundaries of the wards so as to equalize the number of inhabitants in each as nigh as may be; but such alteration shall not be made except on a general census of all the inhabitants being previously taken. Mayor and council to be ap pointed; trow, & term of office. City to be laid off into wards. When elections to be beld, quali. § 4. That on the first Saturday in January, in each year succeeding the first election, the free white male inhabi- fications of votants, over twenty-one years of age, of said city, who at the time being are citizens of the state of Kentucky and inhabitants of said city, and have either paid their poll tax to said city for the year next preceding the election at which they claim to vote, or have arrived at the age of twentyone years since the last assessment of tax, and who shall have, bona fide, resided therein for the space of six calendar months previous to said election, shall meet in the 1850. be made out, c. How and to whom of elections to be made. wards in which they respectively reside, and vote for the councilman or councilmen, and night watchman or night watchmen such ward shall be entitled to elect, and for a mayor, city attorney, treasurer, principal assessor, and captain of the nightwatch; and it shall be the duty of the List of voters to mayor and councilmen, previously elected, to cause an alphabetical list of the qualified voters in each ward to be made out ten days before the first Saturday in January, in each year, and to appoint three suitable persons, in each ward, as inspectors of the election, and to furnish them with a list of voters, and a warrant directing them, or a majority of them, to hold the election in the same manner as other elections are held in this state; notice of the time and place of holding the elections, in the respective wards, shall be published in one or more of the public newspapers printed in said city, with the names of the ward inspectors. The election shall be held during the same hours, to be directed by the mayor and councilmen, in all the wards. The said inspectors shall exhibit, to all persons claiming the same, the list of the qualified voters, respectively; and on closing the polls at the hour mentioned in their warrant, they shall declare the same, and the three persons having the highest number of qualified votes shall be declared as duly elected councilmen, in each ward. The vote given for returns mayor shall be added up by the inspectors, and returned by them to the clerk of the board of mayor and councilmen, .with the list of the polls of councilmen; which list shall be certified by a majority of said inspectors, and sworn to as just and true returns of the election, which oath shall be administered by the mayor, or any justice of the peace. The return of the votes, so made, shall be received by the said clerk, and duly recorded in a book to be kept for that purpose. And it shall be the duty of the mayor and councilmen to add up the votes from the several wards for mayor, and the person having the highest number of votes shall be declared to be duly elected as mayor of said city, for one year from the time of his election, and until a successor shall be so elected and sworn into office; and the mayor and councilmen, thus elected, shall be notified immediately of the same by the clerk of the city then in office. § 5. That in all cases where individuals residing in the Who may vote city on the 10th of January shall, from any cause whatever, not be assessed, or where, being assessed, they shall not have paid their taxes, according to law, ten days previous to the annual election in January, so as to be included in the list made out by the clerk, it shall, nevertheless, be lawful for them to vote, upon having their names entered upon the collector's books and upon obtaining his receipt for taxes chargeable to them; and said collector shall account for and pay such taxes as in cases of regular assessment. And all persons removing into the city after the 10th of upon certain conditions. January, and six months before the election, may, in like manner, vote, upon having their names entered on the collector's books and obtaining his receipt for their poll taxes.. 6. That in the event of the death, resignation, or refusal to act, of the mayor, the councilmen shall proceed to elect one of their own number to supply his place, and the person so elected shall be the mayor of said city, until a new election is had, and the mayor elected sworn into office; and the mayor and councilmen shall immediately proceed to order another election, to supply such vacancy for the residue of the term, as in the original election of said mayor; and in the like event of one or more councilmen, the board shall direct a new election in the ward or wards in which the vacancy shall happen; and in case of a vacancy in either of the other offices hereinbefore directed. to be elected, the mayor and councilmen shall fill the same, by appointment, for the remainder of the year. § 7. That the mayor, councilmen, and said other officers of said city shall enter on the duties of their respective otices on the Thursday succeeding the first Saturday in January, in the year in which they are elected; and, before. entering on the duty of their respective oflices, shall each take the oath prescribed for officers by the constitution of Kentucky, which oath may be administered to the mayor elect by any judge of any court of record in this commonwealth, or by any justice of the peace for the county of Fayette; and the mayor, after he is sworn into office, shall administer the said oath to each of the councilmen and said other officers, or the same may be administered by any justice of the peace for Fayette county, and an entry shall be made on the records of the board that said oaths have been duly administered. Mayor and Clerk to be ties, &c. 8. That the mayor and councilmen, thus chosen and qualified, shall form one board, and shall sit and act together council to conas one body; and at all meetings the mayor, if present, shall preside, but in his absence the board may elect a chairman for the time being. The said board shall choose a clerk, who shall be sworn to the faithful discharge of the duties of this office, which he shall hoid for one year, and chosen, his du until another shall succeed him, removable, however, at the pleasure of the board, and shall be denominated "the clerk of the city," whose duty it shall be to keep a journal of the proceedings of the board, to sign all warrants issued by them, and to do all acts, in his said capacity, that may be reasonably required of him, and to deliver over all papers and books entrusted to him to his successor in office, immediately on such successor being chosen and qualified, or whenever he shall be thereto required by the mayor and councilmen. In all meetings of the board, six councilmen, with the mayor, or, in the absence of the mayor, seven councilmen shall constitute a quorum to do business; but What number shall constitute a quorum. |