shal.

That the owner or purchaser of any such real estate so sold, their executors or administrators, may, at any time within two years, redeem the same by paying or tendering to the purchaser, or, in case of his absence or removal, to the clerk of the board of trustees, the sum for which it sold, with interest thereon at the rate of fifteen per cent. per annum from the time of such sale until the day of payment or tender; and if the owner of any property so sold shall fail to redeem the same within two years, the trustees shall, if required so to do, convey the said estate so sold to the purchaser: Provided, That infants, idiots, lunatics, and married women shall have two years to redeem their property as herein provided, after their disabilities are removed.

§ 27. There shall be elected, by the qualified voters in Electio of mar said town, on the first Monday in August, 1880, and every two years thereafter, a marshal, who shall hold his office for two years, and until his successor is elected and qualified; he shall, in addition to the bond hereinbefore required, also execute bond in the Adair county court, as now required by law of constables. A vacancy in the office of marshal shall be filled by the trustees of said town until the next regular election for marshal, as provided for in this act.

§ 28. That none of the officers mentioned in this act shall be incompatible except the office of police judge. and marshal, and they shall be incompatible.

§ 29. That all prosecutions for a violation of the ordinances or by-laws of said town shall be in the name of the Commonwealth of Kentucky, for the use of the board of trustees of the town of Cane Valley.

§ 30. That any justice of the peace residing in said town shall have jurisdiction concurrent with the police judge, to try all offenses for a violation of the provisions of this act and the ordinances and by-laws of said town. § 31. This act shall be in force from and after its passage.

Approved May 4, 1880.

CHAPTER 1395.

AN ACT to incorporate the Farmers' Mutual Aid Association, of Bath county.

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

§ 1. That George Wilson, president; John T. Marshall, secretary; Wm. D. Boyd, D. B. Emmons, Ephraim Caldwell, supervisors, and all other persons who shall become members thereof in the manner herein prescribed, be, and they are hereby, incorporated and made a body-politic, by the name of the Farmers' Home Mutual Aid Association, of Bath county, Kentucky, for the purpose of insuring their respective dwelling-houses, barns, and other buildings in the county of Bath against loss by fire, lightning, or wind; and by that name may sue and be sued, plead and be impleaded, appear, prosecute, and defend in any courts of record or other place whatsoever; may have and use a common seal; may make, establish, and put into execution such by-laws, ordinances, and resolutions, not being contrary to the laws of this State or of the United States, as may seem necessary for their government, and for the management of their affairs, and to carry into full effect the purposes and provisions of this charter.

§ 2. All persons who shall hereafter insure with the said corporation, and also their heirs, executors, administrators, and assigns continuing to be insured in said corporation as is hereafter provided, shall hereby become. members thereof during the period they may remain insured by said corporation, and no longer.

3. The affairs of said association shall be managed by a board of directors, consisting of five members, a president, secretary, and three supervisors, as hereinafter provided. All vacancies happening in said board may be filled by the remaining directors for the remainder of the year for which they were elected: Provided, That said board shall not be reduced to a less number than three, in which event the members of the association shall proceed by election to fill all vacancies until the regular

election. Should such vacancies occur more than three months prior to said regular or annual election, a majority of the board shall constitute a quorum for the transaction of business.

§ 4. The persons first named in this act shall be first directors of said corporation, and shall continue in office for one year after the passage of this act, and until the first election by the corporation of others in their stead, and which board of directors shall hereafter be elected in each year at such time and place in the county of Bath as the corporation in their by-laws shall appoint, of which election due notice shall be given by the directors, by posters or otherwise, at least twenty days immediately preceding said election; and such election shall be made by the members, or their proxies, by a plurality of votes, allowing to each member one for every one hundred dollars insured by said association. No person shall be an officer in the association who is not a member thereof; and the hoard of directors, at their first meeting after the passage of this act, shall elect from among their number a president, secretary, and treasurer, who shall hold their office one year, or until others are elected.

5. This association shall not insure any dwelling or other building in the aggregate with insurance taken in other companies for more than two thirds of its cash value; and in case of fire, accident by lightning or wind, the association will not pay more two thirds of the cash value thereof at the time of such loss; nor shall the association have the right to assess or collect any money from any member of the association, unless there has been a loss in said association: Provided, however, They shall have the right to assess and collect, annually, not exceeding one fifth of one per cent. upon the amount insured by each and every member to pay contingent expenses.

§6 Upon the application of any persons to become a member of the association and paying to treasurer two dollars, any three, or more if necessary, of the five directors shall go to his dwelling or other house to be insured, and make a survey, fix a valuation, and the amount of

risk that the association will take; and if the parties agree, the directors shall report to the president, who shall issue his certificate of insurance, countersigned by the secretary, bearing date at what time the risk commences running, a copy of which shall be entered by the secretary, and countersigned by the president in a book kept for the purpose.

§ 7. In case of loss or damage by fire, lightning, or wind, happening to any member, upon property insured in and with said association, the said member shall give notice thereof to the president or secretary within thirty days from the time such loss or damage happened; and any three of the directors, upon a view of the same, or in such other manner as may be necessary to insure a just and correct estimate thereof, shall ascertain and determine the amount of such loss or damage; and if the party suffering is not satisfied with the determination of the directors, the question may be submitted to referees, or the said party may bring an action against said association for said loss or damage, the next court held in and for circuit of Bath county, and not afterwards, unless said court shall be holden within sixty days after said determination; but if not holden within that time, then at the next court holden in said county thereafter; and if, on the trial of such action a greater sum be recovered than the amount determined upon by the said directors, the party suffering shall have judgment there for against said association, with interest thereon from the time of such loss or damage and the cost of suit; but if no more shall be recovered than the amount aforesaid, the said party shail become non-suited, and the association shall recover cost: Provided, however, That the judgment last mentioned shall in nowise affect the claim of said suffering party to the amount of loss or damage as determined by the directors aforesaid; and further, that execution shall not issue or lien be enforced on any judgment against said association until after the expiration of three months from the rendition thereof, and then only to be levied upon the property of such persons as shall have failed to pay their pro rata of such loss or damage and costs; and

the production of a receipt from the treasurer of said association for such pro rata or the payment thereof, the officer holding such execution or judgment of lien shall release the person to whom such receipt was given or making such payment from all liabilities upon such judgment or execution.

§ 8. The directors shall, after receiving notice of loss or damage by any member, and ascertaining the sum of, after the rendition of any judgment aforesaid against said association for loss or damage, settle and determine the sum to be paid by the several members thereof as herein provided, as their respective portion of said loss, and give each of the members notice in such manner as the by-laws shall have prescribed; and the sum to be paid by each member shall always be in proportion to their certificates of insurance, to be ascertained by the proportion that the loss or damage sustained bears to the aggregate valuation of the property insured, and shall be paid to the treasurer within thirty days next after said notice; and if any member shall, for the space of thirty days after receiving such notice, neglect or refuse to pay the sum assessed upon him as his or her portion of any loss, in such case the directors may sue for and collect the amount assessed, with cost and ten per cent. damages.

§ 9. The aggregate valuation of the property insured by said association shall not be less than one hundred thousand dollars, nor shall it exceed five hundred thousand dollars, nor shall said association take any risk upon any dwelling or other building for a sum exceeding three thousand dollars.

§ 10. All property insured by said association shall be liable as herein provided until all outstanding losses shall have been paid, and until the owner thereof shall have withdrawn his insurance by a written application to the board of directors, when he shall be entitled to a certificate of discharge, signed by the president and countersigned by the secretary, which shall show that all existing demands against him have been paid: Provided, however, That all transfer of such property shall operate as a release of the same under the provisions of this act, or to