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CHAPTER 216.

AN ACT for the benefit of Burlington, in Boone county.

1854.

Trustees may close streets,

And sell the same.

Be it enacted by the General Assembly of the Commonwcalth of Kentucky, That upon the petition of three-fourths of the &c. owners of real estate in the town of Burlington, Boone county, the trustees of said town, a majority of the whole number concurring, shall, if to them it seems best, be authorized to close any of the streets and alleys or parts of any of said streets and alleys in said town, or to reduce in width any of said streets and alleys or parts of the same; and the streets and alleys or parts of the same that may be reduced in width or closed under the provisions of this act, said trustees may sell or cause to be sold to the highest bidder, having given ten days previous notice at three of the most public places in said town of the time, terms and place of sale; and when the purchase money is all paid, said trustees are and shall be authorized to convey the same to the purchaser or purchasers. The proceeds of all such sales shall be applied by them to the improvement or embellishment of the streets of said town: Provided, that no sale of any street or alley or part of the same under the provisions of this act, shall be made unless the person or persons who own the lot or parts of lots fronting such streets or alleys consent to the same: And provided also, that if any person or persons owning ground in said town, and not concurring in the acclusion or curtailment of the streets and alleys as hereby provided for, shall claim damages for any injury resulting to him, her or them in consequence of the closing or narrowing of any street or alley under the authority of this act, an assessment of such damages shall be made by a jury under the superintendence of a justice of the peace, if demanded within six months after the act complained of, and the damages assessed shall be paid within one month after the assessment of them is made, to such person.

Approved February 18, 1854.

CHAPTER 217.

AN ACT to incorporate the Hazle Creek Baptist Church, in Muhlenburg county.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Gilbert V. Rhodes, Robert Welborn, and G. D. Craig, and their successors in office, to be chosen by the members of the said Hazle creek church, be and they are hereby created a body politic and corporate, by the name and style of the trustees of the Hazle Creek Corporate name Baptist Church, and by that name have perpetual succession, with full power to sue and be sued, to plead and be impleaded so far as may be necessary to protect their rights,

and powers.

1854.

to vest in trus tees.

titles, property and privileges which do now or may here after belong to the said church.

§ 2. The title to the land and personal property now be Title of lands longing to and owned by said church shall vest in said trustees, together with the right to receive titles or convey ances of real or personal estate, by purchase or donation, not exceeding five acres of land, to be exempt from tax; to contract and be contracted with, and their acts shall be binding upon the members of said church, when made in pursuance of the instructions of a majority thereof.

pass by laws.

§3. The said church may at any time pass such by-laws, Church may rules, and regulations, not contrary to the constitution and laws of this state, as may be necessary for the manage ment, protection, and safe keeping of their premises, house

or houses, and cemetery, and all other effects thereunto be longing or in anywise pertaining.

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Approved February 18, 1854.

porated.

CHAPTER 221.

AN ACT in relation to the town of Woodbury, in the county of Butler. 1. Be it enacted by the General Assembly of the CommonTown incor wealth of Kentucky, That the town of Woodbury, in the county of Butler, be and the same is hereby incorporated with such metes and bounds as may hereafter be prescribed by the trustees thereof hereinafter provided for, who shall report a plan of the same to the county court of said county, who shall have the same recorded; which report, when so recorded, shall be evidence of the boundaries of said town.

§2. That the provisions of an act, entitled, an act to incorporate the town of Hardinsville, in Shelby county, approved December 18th, 1850, be and the same are hereby made to apply to the town of Woodbury, so far as the When trustees same may be applicable, except that the trustees of said town shall be first elected by the legally qualified voters of said town on the first day of April next.

to be elected.

Police judge and marshal to

be elected.

§ 3. That the provisions of an act, entitled, an act to create the offices of police judge and marshal in the town of Moscow, in Hickman county, approved March 15, 1851, be and the same are hereby, so far as applicable, applied to the said town of Woodbury: Provided, that the police judge of the said town of Woodbury shall hold his office for the term of four years.

§ 3. This act shall take effect from and after its pasApproved February 18, 1854.

sage.

CHAPTER 222.

AN ACT to extend the corporate limits of the town of Monticello. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the boundaries of the town of Monticello, in Wayne county, be as follows: Beginning at the south east corner of Wm. F. Bohon's yard; thence a straight line, crossing the Elk Spring creek, to the old grave-yard, including it; thence to where the Elk Spring valley road crosses said creek; thence with the old road leading to the present residence of Benoni Mills, to its intersection with the present road leading from Monticello to said Mills'; thence with said road to its intersection with the road leading from Monticello to Somerset; thence with the road leading to Monticello to a cedar tree standing in or near the north east corner of the garden belonging to the present residence of William M. Worsham; thence a straight line so as to include the residence, kitchen, and negro cabins of Henry Huffaker; thence so as to înclude the residence, kitchen, and negro cabins of James S. Chrisman, H. R. Saufley, William Simpson, and William F. Bohon, to the beginning; and that the laws and municipal regulations now in force in said town be extended to the boundary herein designated.

Approved February 18, 1854.

CHAPTER 223.

AN ACT to amend an act, entitled, an act to incorporate the Lewis Pottery

Company.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, an act to incorporate the Lewis Pottery Company, for the purpose of manufacturing queensware and china at Louisville, approved December 15th, 1829, be so amended as to reduce the shares of stock in said company to one hundred dollars ach.

2. That said company shall have the right to locate said pottery manufactory in the county of Fulton, where the principal part of the lands of said company lie.

§3. That the second section of said act be so amended as to read that the capital stock of said company shall not exceed the sum of one hundred thousand dollars.

Approved February 18, 1854.

50

1854.

304

1854.

CHAPTER 224.

and powers.

AN ACT to incorporate Pope Lodge No. 69 I. O. O. F. at Lagrange § 1. Be it enacted by the General Assembly of the Comm Corporate name wealth of Kentucky, That Pope Lodge No. 69, Independer Order of Odd Fellows, of Lagrange, be and they are here by created a body politic and corporate, and by that nam shall be competent to contract and be contracted with, sa and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts and place whatever; and may have and use a common seal, s alter the same at pleasure; may hold and enjoy real and personal estate not exceeding twenty thousand dollars, value, and sell and convey or otherwise dispose of th same in such manner as the said lodge may by its by-law or rules designate: Provided, such by-laws, orders, an rules shall be not contrary to the constitution and lawed this state or of the United States.

Service of pro

cess.

May receive

gifts.

§2. That service of process upon the noble grand d said lodge shall be sufficient service on said corporation §3. That said lodge shall have full power to receive! contributions, either in money or property, made for the use of said lodge, and may sue for and recover any mone that may be due said lodge.

§ 4. The general assembly reserves the right to alter o amend this charter.

Approved February 18, 1854

Time granted:

May distrain for dues, &c,

CHAPTER 225.

AN ACT for the benefit of the administrators of John Gilbert, deceased, of Clay county.

§ 1. Be it enacted by the General Assembly of the Comm wealth of Kentucky, That Theophilus T. Garrard and Felis J. Gilbert, administrators of John Gilbert, deceased, late sheriff of Clay county, be and they are hereby allowed the further time of two years, from and after the passage of this act, to collect the taxes, county levies, and fee bills due and uncollected by said Gilbert.

§2. That said Theophilus T. Garrard and Felix J. Gilbert shall have the same power to levy and distrain for any uncollected taxes, fees, fines, dues, &c. in their hands as the personal representatives of said John Gilbert, which said John Gilbert had before his death; and this right shall continue for two years from the time this law takes effect, any law to the contrary notwithstanding: Provided, that before any power shall be exercised by them, or any right belong to them, under this act, they shall enter into bond with good security, in the county court of Clay county, the penalty of two thousand dollars, conditioned as ordinary sheriffs' bonds.

Approved February 18, 1854.

in

CHAPTER 226.

AN ACT to incorporate Cadiz Lodge, No. 121, of Free and Accepted Ma

sons.

1854

and powers.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the members of Cadiz Lodge, No. 121, of Free and Accepted Masons, in the county of Trigg, be and they are hereby created a body politic and corporate, by the name and style of Cadiz Lodge, No. 121, with Corporate name perpetual succession; and by that name shall be capable of contracting and being contracted with, of suing and being sued, of purchasing and holding all such real and personal estate as may be required for the use and accommodation of said lodge; to receive all necessary conveyances, to sell, convey, and dispose of all such real and personal estate as they may now have or may hereafter acquire: Provided, the amount vested in real estate, exclusive of buildings thereon, shall at no time exceed ten thousand dollars.

Who to be trustees,

§ 2. That the management of the concerns of said corporation shall be and is hereby confided to Quintus M. powers." Tyler, John W. Gaines, and William H. Dupuy, master and wardens of said lodge, and their successors in office, as trustees thereof, who, or a majority of them, shall have full power to make all contracts pertaining to the real or personal estate in any respect, either in purchasing, building, renting, selling, or for any other purpose, which shall be binding and obligatory upon said lodge when made in pursuance of the rules, by-laws, and instructions of said lodge; and service of process on any of said trustees shall be sufficient notice to said corporation.

their

May pass by.

§3. That said lodge may at any time pass such by-laws, rules, and regulations, not inconsistent with the constitu- laws, rules, &c. tion and laws of this state, as may be necessary for the protection, management, and safe keeping of the property of said lodge.

§ 4. The general assembly reserves the right to alter, amend, or change this act at pleasure.

Approved February 18, 1854.

CHAPTER 229.

'AN ACT for the benefit of Allen E. Sams, of Estill county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Allen E. Sams, of Estill county, be and he is hereby authorized to peddle goods, wares, and merchandise in any county in this state, without incurring the penalty now provided by law in such cases.

Approved February 18, 1854.

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