by by-laws what certificates of life membership are assignable or transferable, and upon what terms they are to be transferred. Upon the decease of any member of this association, the fund shall be paid to the person or persons designated in the certificate of life membership, or to the person or persons to whom the certificate of membership has been transferred or assigned, this being changed by death, or otherwise impossible, it shall go to the legal heirs or beneficiary of the deceased member; and if the beneficiary have no legal heirs, it is to be held by the association, and transferred to the fund mentioned in section No. 1; and the funds, or any part thereof, due any person by the death of any member, shall not be subject to the claims of creditors for any debt or liability, and shall not be reached by attachment or garnishment or other process of law, so as to divert its benefits and use from the persons above named.

§ 5. There shall be an admission fee of six ($6) dollars, Fees and dues. and such annual dues as may be required by the local board of directors; and upon the death of a member, an assessment of one dollar or more, as may be determined to be just; and the local board of directors may alter the amounts to be paid as membership fee, annual fee, or assessments for death losses, by increasing or diminishing any or all of said fees as experience may indicate.

how paid.

§ 6. On notification by the secretary of the death of Death lossesany member, each surviving member shall pay into the treasury, within thirty (30) days from the date of notice, the mortuary fee stipulated in the certificate of life membership, out of which fund shall be paid, in sixty (60) days from the date of the proof of the death of such member (manner of the proof of death shall be regulated by bylaws), to the beneficiary of the deceased member an amount not less than one ($1) dollar for every surviving member so paying in each division of which the deceased member was registered; and the residue of said fund, after payment of expenses, shall be carried to the fund mentioned in section No. 1. If legal proceedings are not

LOC L., VOL. II-20

agencies.

instituted against this association within one year after the death of a member, any right of recovery against this association shall be forfeited and barred.

§ 7. Any member failing to pay his annual fees or inortuary fees within thirty (30) days from date of notice, shall forfeit his membership and all benefits arising therefrom, but may be reinstated by the board upon payment of all arrearages, if application be made in writing, accompanied with medical certificate of continued good health within twelve months from date of forfeiture. Α notice addressed to the member at post office named in the application for membership, or other address subsequently entered on the books of the association, shall be considered a legal notice for all the purposes herein.

§ 8. The board of directors may establish agencies and May establish local officers anywhere for the purpose of transacting the business of this association, which shall be free from tax required of insurance companies; shall not be required to make any deposit or report, and shall not be subject to the insurance laws of this Commonwealth.

Annual report to be made.

9. The president and directors shall cause to be made annually a full report of the business of this association, subject at all times to the inspection of its members.

§ 10. The private property of the members of this association shall not be liable for any debt of this association.

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

Approved April 9, 1880.

CHAPTER 913.

AN ACT to amend the charter of the town of Berryville, and change the

name thereof.

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

1. That the name of the town of Berryville, in HarChange of name rison county, shall be changed to that of Berry's, and that the boundaries shall be run so as to embrace within

and boundary of town.

its limits the following property, to wit: Beginning at a point on the river corner with Dr. McNees; thence east with his and Sails' line to John M. Berry's corner on railroad; thence with said Berry's line east, and then south, to include the Watson school and residence, to road; thence west to corner of the county property; thence south with that line to a point so that a line drawn to the river will include the property of Lewis Jones and R. S. Adams; thence down the river with low-water mark to the beginning.

2. The said corporation shall have, and is hereby vested with, all the rights, titles, interests, privileges, and powers which were vested in the original trustees of Berryville and their successors; but the same shall be held for the purposes and subject to the trust as heretofore; that all the town property shall remain vested in the town; and all property which may be acquired in any manner hereafter by said corporation for public use shall immediately vest in said town, and the proper authorities thereof shall have exclusive control of the same for the public use.

elected.

3. The officers of said corporation shall be as follows: officers to be Five trustees, who shall constitute one board; five trustees of common schools, to constitute one board; a police judge and marshal, all of whom shall be elected at the charter elections, and, as hereinafter provided, by the qualified voters of said town; and each of whom shall have been an actual resident within the corporate limits of said town for at least three months next preceding his election. The officers of said corporation shall consist Officers to be ap also of a town clerk, treasurer, collector, assessor, and such other officers and agents as the trustees shall, from time to time, create or establish; and all officers whose offices are created by ordinance shall be chosen by said board of trustees for such times, and at such compensation, as they may deem best, subject to removal, whenever a majority of the whole number of said trustees shall so determine. The trustees shall have power to fill vacan- Vacancies - how cies which may occur in all offices over which they have

pointed.

filled.

heli.

the power of removal. When vacancies occur in any of the other offices, said trustees shall order an election to fill the vacancy.

§ 4. The charter elections of said town shall be held When elections the first Saturday in April; that previous to each election the trustees shall appoint three suitable persons to hold said election; the polls to be opened at nine o'clock, A. M., for the election of officers provided for in this chapter, and keep the same open until four o'clock, P. M., and shall return, under oath, to the clerk of said trustees, a just and true list of all the votes cast, immeQualifications of diately after the close of the polls. All male citizens of this State of the age of twenty-one years or upwards, who shall have resided in said town for sixty days next preceding an April election, shall be permitted to vote at the same. The officers elected at the April elections. shall hold their respective offices one year, and until their successors are elected and qualified.

voters.

to be held if not

and who to hold

same.

§ 5. If, from any cause, any charter election shall not When elections be held as hereinbefore prescribed, the town trustees in at regular time, said office shall order an election to be held as soon as circumstances may admit; said trustees shall prescribe the places and hours said elections shall be held; and they shall appoint two or more inspectors to superintend and conduct each of said elections, who shall be qualified voters, act under oath, and make their returns to the trustees, who shall be the exclusive judges of the returns of the inspectors, as well as of the qualifications of all the officers elect; and if, from any cause, the officers returned elected shall not be deemed elected or eligible, or an election should otherwise fail of any particular officer, said trustees may order a new one to fill the vacancy as provided in section third. All elections shall be determined by a plurality of votes; and all officers elected shall vacate their offices by removal from the town, or three months' continued absence therefrom.

§ 6. The said corporation shall have power to purMay hold real chase, hold, sell, and convey real estate within or without row money, &c. the town limits for corporate purposes, also personal

estate and bor

property, and may receive and hold donations or dedications of money or property to be devoted to public uses; and may also borrow money and pledge any of its revenues for payment of the interest thereon, and all its property, rights, and credits for the redemption of the loan or loans, and may issue certificates of stock therefor: Provided, No common school property of said town. shall be loaned, pledged, used, or in any wise disposed of, but for common school purposes: And provided further, That the aggregate loans made by said trustees shall at no time exceed ten per cent. of the assessed value of the real estate subject to taxation within said town.

ARTICLE II.

A

pal authority

ings.

§1. The legislative power and authority of said corpo- In whom munici ration, together with the municipal concerns and affairs vested. thereof, shall be vested in the town trustees, who shall form one board, to be styled The Trustees of Berry's," who shall at their first regular meeting, or as soon as practicable, elect from their number a clerk, treasurer, assessor, and collector, to serve during their term of office. majority of all the trustees elect shall constitute a quorum to do business, and in the appointment of officers, passing ordinances, removing officers, appropriating money, making loans, and levying taxes, a majority of the whole board of trustees shall concur. The board shall hold Regular meet. their regular meetings once in every month, and at such other times, as the president, or in case of his absence or inability, any three members may call, and their deliberations shall be public. The president of the board President to preshall be the chief executive officer of the town, and it shall be his duty to preside at their meetings, to take care that their acts and ordinances are duly enforced, and to sigu all minutes, bonds, contracts, and conveyances of the said board. In the event of his absence or inability to serve, the board may appoint one of their number president pro tem.; and all process against the town is to be executed on the president or person thus acting in his

stead or place.

side.