corporators and grantors; and whereas, it is further rep resented that the bodies heretofore interred in said cemetery grounds have been removed to other cemeteries, with the exception of those interred in a single lot, which lot has been, by decree of the Louisville chancery court, set apart, with an avenue of ingress and egress to the owner thereof by inclosure, as appears in the record of the suit filed by the said lot-owner; and whereas, the said cemetery property is situate within the city limits of Louisville, and it is desirable that the same be partitioned among those entitled; now, therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That it shall be lawful for the lot-owners, or assignees of lots or certificates therefor, in the West Louisville Cemetery Company, or any one or more of them, to file a petition in the Louisville chancery court for the discontinuance of the West Louisville Cemetery Company, and for a partition of the lands thereof among the persons or corporations entitled thereto.

2. To such petition other persons or corporations claiming interest or title shall be made parties plaintiffs or defendants; and upon trial of the same, the court may adjudge discontinuance of the cemetery, and partition of the lands according to the rights of the parties.

3. But the court shall, in any decree of partition, exclude from the judgment the lot owned by Mary Whipple, and the avenue of ingress and egress set apart and adjudged to her in her suit No. 33379 in the Louisville chancery court, and her rights, as defined by said decree, shall not be affected by any judgment rendered under

this act.

§4. If it appear to the court, in the progress of any trial had in accordance with this act, that any bodies interred in the lands sought to be partitioned have not been removed and re-interred in other cemeteries, the court. may provide, in its judgment, for the decent exhumation and re-interment of such bodies.

§ 5. This act shall take effect from its passage.

Approved April 2, 1880

F

CHAPTER 773.

AN ACT to incorporate St. Mary's Cemetery, of Franklin, Simpson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That William George McCloskey, Michael Boulhet, Thomas F. Tiernay, R. D. Salmons, and John C. Carroll, be, and they are hereby, created and made a body-politic and corporate, under the name and style of the "St. Mary's Cemetery," with perpetual succession, and by that name they shall have power to contract and be contracted with, sue and be sued, use a common seal, make, alter, and amend such by-laws, rules and regulations, as they may deem proper and necessary for the management of said corporation, not inconsistent with the Constitution of this Commonwealth, and in general to do all other acts necessary and proper for effecting the object and purpose of their incorporation, which is to secure the proper management, control, and conduct of the St. Mary's Cemetery, at Franklin, Simpson county, Kentucky, in accordance with the rules and regulations of the Roman Catholic Church respecting cemeteries and burial of the dead.

2. The affairs of said corporation shall be managed by a board of directors, consisting of the bishop of said church of Louisville, as president ex officio, and four others, all of whom may be members of the said Roman Catholic Church. The persons hereinbefore named as the incorporators shall constitute the first board of directors, and they shall continue in office until a vacancy occurs, in which event the remaining directors shall fill the vacancy by the appointment of a suitable person.

§ 3. Said board of directors shall have power over, and complete control, management, and direction of the St. Mary's Cemetery ground aforesaid belonging to the said corporation; may collect and expend in the interest of said corporation all its moneys; shall have power to inclose, improve, embellish, and adorn the grounds of said cemetery, and to lay out the same into suitable avenues, walks, and burial lots, and to make and record,

on the books of the corporation, and on the records of titles of Simpson county, a plat of the plan of said avenues, walks, and lots, designating the same by names or numbers; shall have power to sell and convey in the corporate name, and under the corporate seal, said burial lots in such manner and upon such terms as they may deem best; and they may generally do and transact all business necessary to promote and carry out the aforesaid purposes of said corporation and incident to their office. as directors thereof.

§4. Each purchaser of a burial lot in said cemetery shall, upon the presentation by him, to the board of directors, of a receipt from the acting treasurer of said corporation, showing that he has paid in full for said lot, be entitled to a conveyance of the same; which conveyance shall be made by a certificate, signed by the president of the corporation, sealed by the corporate seal, and countersigned by the acting secretary, stating that such purchaser is owner of such lot; which certificate shall be recorded on the deed-books of said county within the time now required by the laws of Kentucky for the recording of deeds, &c.; and shall convey to said purchaser the feesimple right and title in and to the said lot, free and exempt from taxation, assessments, executions, attachment, or other legal levy or process, but subject to the rules, by-laws and regulations of the said corporation and its board of directors; which certificate shall have the same force and effect for all purposes as deeds duly executed, delivered, and recorded: Provided, That said lots so conveyed shall be used for no other use or purpose than as burial lots; and if used for any other purpose by the owners thereof, they shall revert to the corporation; and said corporation may reclaim and take possession of the same immediately, by the usual and ordinary proceedings. to subject the same, and judgment of the circuit court of said county rendered thereon, to evict the said purchaser.

5. The said St. Mary's Cemetery grounds, and such other adjacent lands as may be hereafter acquired by the said company for the purposes of said cemetery, are hereby forever dedicated to the said corporation, so long

as it may use the same exclusively as a cemetery; and the same shall be free from all assessment or taxation, attachments, or executions, or other legal process, and from any lien, charge, or appropriation for public purposes inconsistent with the use thereof as a cemetery.

§ 6. Any person, who shall willfully and without authority of law, and without the consent of the said company, do anything, or aid in doing anything or act contrary to the rules and regulations of said associa tion, or contrary to the rights of the said company in the said cemetery, as their own exclusive property; or in any manner infringe upon their possession, use, or control of the same; or violate any grave in the said cemetery; or mutilate, deface, or injure any inclosure, monument, or other structure therein placed, for protection, ornament, or other purpose; or shall willfully cut, injure, or destroy any tree, shrub, or plant within the limits of said cemetery; or shall willfully drive over lots in the same, laid out for burial purposes, shall be deemed guilty of a misdemeanor, and shall, upon conviction in any court of competent jurisdiction, be fined not less than five nor more than five hundred dollars, at the discretion of a jury; and such offender shall also be liable in a civil action to the corporation or owners of lots for all damages occasioned by such trespasses or acts. Warrants for the arrest of trespassers on the said lots may be sued out against the offenders under this act as in other cases of misdemeanor and trespasses on private property, and trials had as in similar cases.

§ 7. This act shall be in force and take effect from its passage.

Approved April 3, 1880.

CHAPTER 774.

AN ACT for the benefit of Charles B. Wickliffe, late sheriff of Muhlenburg

county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That the Auditor of Public Accounts be, and he is

hereby, directed to draw his warrant upon the Treasury in favor of Charles B. Wickliffe, late sheriff of Muhlenburg county, for the sum of four hundred and twentynine dollars and ninety-nine cents, it being the amount of money that was wrongfully assessed and collected of said Charles B. Wickliffe for the years 1872 and 1873, and that said money be paid out of any money in the Treasury not otherwise appropriated.

sage.

2. This act shall take effect from and after its pas

Approved April 3, 1880.

CHAPTER 775.

AN ACT to amend an act, entitled "An act to regulate the sale of spirituous or intoxicating beverages in Lewis county."

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That so much of an act, entitled "An act to regulate the sale of spirituous or intoxicating beverages in Lewis county," approved January the 28th, 1874, as applies to the town of Concord, Lewis county, be, and the same is hereby, repealed.

2. That before the Lewis county court shall be authorized to grant a license to keep a tavern in said town, at which spirituous, vinous, or intoxicating liquors are kept and sold, the applicant for such license shall pay into the town treasury of said town the sum of fifty dollars, which money shall be used only in employing teachers in the common schools of said town; and the money so paid into the town treasury shall be subject to be drawn therefrom upon the order only of the school trustees for the school district in which said town of Concord is situ

ated.

3. Before this act shall take effect, it shall be the duty of the board of trustees of the town aforesaid to cause a poll to be opened at such time and such place in said town as they may designate, notice of which shall be LOC. L, VOL. II—9.