CHAPTER 186. AN ACT to amend an act, entitled "An act to amend and reduce into one the several acts relating to the charter and amendments thereto of the town of Winchester." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to amend and reduce into one the several acts relating to the charter and amendments thereto of the town of Winchester," approved February 1st, 1882, be, and the same is hereby, amended by substituting the word "recorder" for the word "police judge," wherever it occurs in said act, and by substituting for the word "police court" the word "recorder's court," wherever it occurs in said act, and instead of a police court, as established in said act, a recorder's court is hereby established for said town, to be known and styled the recorder's court of Winchester; and said recorder's court is hereby invested with all the authority, powers, and jurisdiction conferred upon the police court by said act, and said recorder shall be elected at the same time and in the same manner provided in said act for the election of a police judge for said town § 2. That said act be further amended by substituting the word "chief of police" for the word "marshal," wherever it occurs in said act; and said chief of police is invested with all the powers, and is subject to all the duties and amenabilities, with which said marshal is invested, and to which he is subject as provided in said act, and he shall be elected in the same manner provided in said act for the election of a marshal for said town 3. That the police court of Winchester be, and the same is hereby, abolished. § 4. This act shall take effect from and after its passage. Approved February 11, 1882. CHAPTER 187. AN ACT to incorporate the Excelsior Mutual Relief Association. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That T. A. Lyon, W. W. Sublett, L. L. Anderson, W. M. Lewis, and H. B. Lyon, and their associates and their successors, be, and they are hereby, created a body politic and corporate, with perpetual succession, under the name and style of the Excelsior Mutual Relief Association, the object of the said association being to provide financial aid to the widows, orphans, heirs, legatees, and assigns of deceased members; and under its said name the said association shall. have power to sue and be sued, contract and be contracted with; to hold all real estate and other property deemed necessary by its board of trustees for its uses and purposes, and to dispose of the same; to make and use a common seal, renewable and changeable at pleasure, and by its said board. to make such by-laws and regulations not contrary to law as may be deemed necessary and appropriate for carrying out the purposes of this act. § 2. The principal office of the said association shall be in the city of Louisville in this State; and upon the call of one or more of the incorporators herein before named, the said incorporators, or a majority of them, may meet and organize the said association by electing therefor a board of five trustees, who shall have the management and control of the said association and its affairs, and shall of their own number elect as principal officers of the said corporation a president, a vice president, and a secretary; and the said board may appoint such other officers and agents as it may deem necessary and proper for the transaction of the business of the said association. The said board shall decide upon all applications for membership, and upon all claims for death benefits in said corporation. § 3. There shall be two separate funds collected by the said association from its members, one of which shall be termed the "mortuary fund," and the other the "expense fund." § 4. The mortuary fund shall consist of an advance mortuary assessment collected from each member at the time of joining the association, and of subsequent mortuary assessments collected from each member in such sums, at such times, and in such manner as may be prescribed in the bylaws of said corporation; but such assessments shall only be sufficient to pay the cost of the yearly protection, based on the American Experience Table of Mortality; and should there at any time be a deficit, the said association shall have the power to make a deficiency assessment, pro rata, on such members as are liable therefor, by reason of the insufficiency of former assessments paid by them. Members may elect at time of application for membership to pay their assessments, either at the death of members, or in such sums and at such times as may be agreed upon between them and the association. The said fund shall be held sacred for, and shall be applicable only to, the payment of benefits accruing from death among the members of the said association, for the taxes assessed against said fund, and of the costs and expenses of suits in protecting or defending the said corporation against suspected fraudulent claims to such benefits; and the said mortuary fund shall, as collected, be deposited in such national or chartered State banks as may, from time to time, be selected by the board of trustees as the depository of the said fund; and the said fund shall only be withdrawn from such depository, in whole or in part, upon checks signed by two of the principal officers of the said association. Should a surplus mortuary fund be created or accrue, the same shall be invested either in the bonds of the United States or of the State of Kentucky, or of the city of Louisville, to be held by such depository until required for the payment of claims against the association, when the said association shall have power to withdraw and sell or dispose of said bonds, and to apply the proceeds to the payment of said claims. §5. The expense fund of the said association, in which fund the members shall have no interest, shall accrue from and consist of the membership fees and annual dues, collectable from the members in such sums, at such times, and in such manner as shall be prescribed in the by-laws of the association. The amount of said annual dues shall be stated in the application for membership and in the certificate, and shall not be thereafter increased. All the expenses and claims upon or against the association, except the death benefits, taxes, and costs and expenses specified in section four of this act, shall be paid out of the said expense fund. § 6. Any member may, in his application for membership. in the association, designate a beneficiary of the benefit to accrue on his death, and if the beneficiary so designated be other than himself, the benefit shall not be liable for any debt of such member. 7. Every member who shall fail to pay his mortuary assessments or annual dues, or any of them, as may be prescribed in the by-laws, shall forfeit membership in the association; and in such case the certificate of membership shall become and be null and void. All moneys paid on account of such membership shall be forfeited to the association, and no benefit shall accrue or be payable to any person on the death of such member. 8. Benefits accruing on death among the members shall be paid at the office of the association in Louisville, Kentucky, within sixty days after the receipt of satisfactory proofs of such death; and should payment of any such benefit be refused, an action or suit for the recovery thereof can only be commenced within twelve months next after such refusal 9. On or before the fourth Monday in January in every year it shall be the duty of the principal officers of the said association to make a statement of the condition of its mortuary fund, showing the receipts and disbursements of the same, and the balance thereof remaining on hand for the fiscal year ending the thirty-first day of December next preceding, and to submit such statement to the Insurance Commissioner of this State. It shall be the duty of the Commissioner to verify the same, and he shall be entitled therefor to a reasonable fee, not exceeding one hundred dollars per annum, to be paid by the said association. A printed copy of such statement shall be mailed to each member of the association. If at any time the Commissioner of Insurance shall have cause to believe that the association is in any way violating its charter, he may make, or cause to be made, an examination of said association; and if he shall find that there is such a violation as in his judgment shall justify him in so doing, he is hereby authorized to take such steps to annul this charter as are now required by law to annul the charters of insurance companies according to the provisions of the law establishing the Insurance Bureau. 10. The said association being of a purely benevolent character, it shall not be subject to the laws of this State governing life insurance companies, except as herein provided. § 11. The secretary of the said association shall have charge of the records, books, and collections thereof, and shall give bond to the corporation in such sum and with such surety as the board of trustees shall determine. 12. At the time of making the annual statement provided for in section 9, the said association shall furnish to the Aud 9713 itor of State a certified list of all the commissioned agents of said association in this State, and shall pay, or cause to be paid, a license fee of two dollars and fifty cents for each of said agents. 13. The tenure and terms of office in the said association, and the mode of filling vacancies therein, the amount of benefits, mortuary and advance mortuary assessments, membership fees, and annual dues, and all other inatters appertaining to the business and objects of the association, and not inconsistent with or contrary to law, may be fixed and regulated in and by the by-laws of the same. §14. This association shall be, and is hereby, exempted from the payment of all license fees of every kind, except as provided for in section 12 of this act. § 15. None of the incorporators, officers, or members of the association shall be liable for any of its debts. 16. This act shall take effect and be in force from and after its passage. Approved February 11, 1882, CHAPTER 188. AN ACT for the benefit of M. Rice, late common school commissioner of Hopkins county. WHEREAS, M. Rice, as common school commissioner of Hopkins county, committed a mistake in reporting to the Superintendent of Public Instruction the number of white children of pupil age in district No. 67, in Hopkins county, for the school year ending June 30th, 1881, by reason of which he failed to draw for twenty-eight pupils, amounting to forty-two dollars; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Superintendent of Public Instruction is hereby authorized to draw his warrant on the Auditor in favor of M. Rice (late common school commissioner of Hopkins county) for the sum of forty-two dollars, to be paid out of any surplus school fund due Hopkins county for the years 1880, 1881, or 1882. § 2. This act shall take effect from its passage. Approved February 11, 1882. |