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thereof shall be considered as having entered on the duties of their offices, until the asylum shall be opened for the reception of patients.

1854.

39. To A. C. Conery, per bill rendered, five dollars and A. C. Conery. fifty cents.

40. To the two servants who have waited on the senate Servants. and house of representatives during the present session, ten dollars each, to be received by the doorkeeper of the senate and paid to them.

Approved March 9, 1854.

CHAPTER 871.

AN ACT for the benefit of the owners of slaves.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the owners of ferry-boats, skiffs, and all descriptions of water crafts lying upon the Kentucky shore of the Ohio river, between the Virginia line on said river, to the Tennessee line, including the entire line of this state running with the Ohio river, be and they are hereby required to keep such boats, skiffs, and water crafts fastened with a substaintial chain and lock to some permanent fastening on the Kentucky shore of the Ohio river, in the absence of the owner or agent; and for a failure on the part of said owners to comply with this provision, for the space of two hours, at any one time, they shall forfeit and pay to the commonwealth of Kentucky ten dollars for each and every such offense--the one-half of said fine to the informer, the residue to the commonwealth; and it is made the duty of sheriffs, constables, and all patrols, to see that this law is fathfully executed; said fines to be assessed by any court of competent jurisdiction. This act to take ef fect from the first of July, 1854.

Approved March 9, 1854.

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CHAPTER 878.

AN ACT to protect graves and grave-yards.

ecrating graves.

§1. Be it enacted by the General Assembly of the Common- Penalty for deswealth of Kentucky, That if any person shall violate the grave of a white person by willfully destroying, removing, or injuring the head or foot stones of, the tomb over, or the inclosure protecting such grave, or by digging into or plowing over the same, he shall be fined at the discretion of a jury not exceeding one hundred dollars.

§2. That the relations of a person buried in a family or ancient private grave-yard, situate within the land of a person who is not a relative of the deceased, shall have the right of such ingress or egress to and from such grave

Relations of

may

deceased have ingress and yards to make repairs of grave.

egress to grave.

1854.

If owner refuse, trial to be had

yard, as shall be necessary and proper for the purpose of repairing such grave, or tomb, or inclosure protecting the same; and if the owner, upon application, refuse such ingress and egress, such relations may apply to the nearest justice of the peace, upon reasonable notice to such owner, for an order for such ingress and egress, and the justice, if satisfied of the propriety and necessity of such repairs, shall make the order prescribing the manner and times of ingress and egress; and if the owner demand it, the justice shall impannel a jury to assess the damages which the owner will sustain thereby, which damages shall be paid by the applicants.

Approved March 9, 1854.

The several

purposes for which associa tions may be

formed.

by written articles.

CHAPTER 879.

AN ACT for the incorporation of voluntary associations. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That any three or more persons may voluntarily associate themselves together for either of the following purposes:

1. To establish and maintain horticultural, literary, and scientific associations, public libraries, schools, and colleges.

2. To organize and maintain military companies, and also fire companies, except in towns and cities where the organization of fire companies is or may be otherwise provided for by law.

3. To provide suitable grounds for the burial of the dead, for public walks and commons, and to ornament the same in a suitable manner.

4. To erect and maintain churches and places of public worship.

5. To organize masonic and odd fellows lodges, subordinate to their several grand lodges, and also divisions of the sons and daughters of temperance, and other charitable associations and orders.

6. To erect and maintain hotels and suitable places for public meetings.

§2. Every such association shall be formed by written To be formed articles specifying the name of the corporation, the objects of the same, and the conditions of membership, and shall be signed by each member thereof, and shall be obligatory on them, their associates, successors and assigns.

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§ 3. The members of such association shall file their articles aforesaid with the clerk of the county court of the county in which their operations are to be carried on, who shall record the same, receiving the same compensation therefor as for recording deeds; and such association shall then be a body politic and corporate, by the name stated

in the articles aforesaid; shall have succession; may have. and use a common seal; and shall be capable of suing and being sued, and of purchasing, taking, and holding such property, and of doing such acts, not inconsistent with law, as may be necessary and proper for carrying out the objects hereby authorized, and which shall have been specified in their articles aforesaid.

§4. The stock and corporate property of such corporation may be divided into shares of such amount, each, as the members may determine, and the manner of holding and disposing of the same shall be regulated by their articles aforesaid.

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1854.

Stock may be divided into shares.

Record of proceedings to be

ies evidence.

§ 5. The clerk or secretary of such corporation shall keep a fair record of the proceedings thereof, in a book to be kept and copkept for that purpose; and such records or copies thereof duly attested by the clerk or secretary of the corporation, and copies of the aforesaid articles certified by the clerk of the court wherein the same shall have been recorded as herein directed, may be read as evidence, when the interests of such corporation are concerned.

§6. That the amount of land which any corporate body under this act may acquire and hold is limited to such amount as the county court may authorize, not exceeding one hundred acres.

7. The corporations authorized by this act shall exercise no power except such as are necessary and proper for carrying out the objects specified in the first section of this act, and particularly shall have no power of discounting or purchasing promissory notes or bills of exchange.

Quantity of land limited.

To exercise no powers except

those mention

ed in first sec.

tion.

Manner of dissolving. and

corporate funds applied.

8. The manner of dissolving such corporations may be provided in the articles; but upon the dissolution all the how corporate property and funds shall be applied to the payment of any debt or liabilities of the corporation; and for a failure so to apply them, the members of the corporation, at the time of such dissolution, shall be individually liable for such debts or liabilities.

Approved March 9, 1854.

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CHAPTER 886.

AN ACT to prevent persons from pulling down advertisements for the sale of real or personal estate.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter if any person or persons shall pull down, take down, or deface any printed or written advertisement for the sale of real or personal property, placed up by any sheriff, deputy sheriff, coroner, constable, or commissioner, authorized to make sale of such property by execution, decree, or order of sale of any court, before the day of sale mentioned in such advertisement; any person so offending shall be fined not less than five nor

Penalty for pulling down or

defacing adver ficial sales of

tisements of

property.

1854.

Fines to be paid in aid of

jury fund.

more than twenty five dollars for each offense, to be recov ered by warrant, in the name of the commonwealth, before any justice of the peace or county judge of the county in which such offense may be committed, or by indictment in the circuit court of such county.

§ 2. That all fines collected under the provisions of this act shall be accounted for and paid over to the commissioner of the jury fund by the officer collecting the same, and by such commissioner accounted for as now directed by law to account for other fines and moneys paid to him as such.

Approved March 10, 1854.

Hancock.

Daviess

McLean

Muhlenburg

Ohio.

Grayson.

Breckinridge.

Meade,

CHAPTER 887.

AN ACT fixing the time of holding the several Circuit Courts in the third
Judicial District.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the terms of the Hancock circuit court shall commence on the first Mondays in March and September, and continue six juridical days at each term, if the business of the court shall require it.

§ 2. The terms of the Daviess circuit court shall commence on the second Mondays in March and September, and continue each twelve juridical days, if the business of the court shall require it.

§ 3. The terms of the McLean circuit court shall commence on the fourth Mondays in March and September, and continue each six juridical days, if the business of the court shall require it.

§ 4. The terms of the Muhlenburg circuit court shall commence on the first Mondays in April and October, and continue each twelve juridical days, if the business of the court shall require it.

§ 5. The terms of the Ohio circuit court shall commence on the third Mondays in April and October, and continue each six juridical days, if the business of the court shall require it.

§ 6. The terms of the Grayson circuit court shall commence on the fourth Mondays in April and October, and continue each six juridical days, if the business of the court shall require it.

§7. The terms of the Breckinridge circuit court shall commence on the first Mondays in May and November, and continue each six juridical days, if the business of the court shall require it.

§ 8. The terms of the Meade circuit court shall commence on the second Mondays in May and November, and continue each six juridical days, if the business shall require

it.

9. The terms of the Hardin circuit court shall commence on the fourth Mondays of May and November, and continue each twelve juridical days, if the business of the court shall require it. There shall also be held a term for the trial of chancery, criminal, and penal causes only, in Hardin, commencing on the second Monday in July, and continue twelve juridical days, if the business of the court shall require it.

1854.

Hardin.

10. The terms of the Larue circuit court shall com- Larue. mence on the second Mondays in June and December, and continue each twelve juridical days, if the business of the court require it.

Special terms may be held in

§ 11. That the judge of the third judicial district is hereby authorized to appoint and hold a special term for the any county. trial of chancery, criminal, and penal causes, in any county in said district where the business of the court may require it.

12. That the chancery and criminal terms now required by law to be held for the county of Daviess, and also an act passed at the present session of the general assembly requiring a chancery and criminal term to be held for the county of Larue, be and the same are hereby repealed; and that this section shall not take effect until the first day of August, 1854.

next.

*

13. This act to take effect on the first day of August

Approved March 10, 1854.

[The act to create a special chancery and criminal term for Larue county repealed by this section, is chapter 307 of this volume.]

CHAPTER 888.

AN ACT to amend the Revised Statutes, title "Inclosures and certain
Trespasses," by adding an additional article to be numbered article 3.

Be it enacted by the General Assembly of the Commonwealth Rev. Stat. 407.
of Kentucky, That the owner of any land in this state may
maintain the appropriate action to recover damages for
any trespass or injury committed thereon, notwithstanding
such owner may not have the actual possession of the land
at the time of the commission of the trespass.t

Approved March 10, 1854.

The court of appeals decided in McClain v. Todd's heirs, (5 J. J. Marshall, 336,) that an action of trespass for injury to land could be maintained only by a person in actual possession of the premises at the date of the injury.]

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