1874. Cemetery Com may pass by tions. CHAPTER 333. AN ACT to incorporate Petersburg Cemetery Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That W. H. Terrill, I. H. McWethy, James BradPetersburg ley, Charles Schramm, and W. E. Grant, their successors pany organized; and assigns, be, and they are hereby, constituted a bodylaws and regula- corporate and politic, under the name and style of Petersburg Cemetery Company; to have perpetual succession; may sue and be sued, contract and be contracted with, plead and be impleaded, defend and be defended against, in all courts of this Commonwealth and elsewhere; may establish such by-laws, rules and regulations, as they may deem expedient for the government, arrangement, and election of its officers, make and alter its by-laws, and do all other things and acts necessary and proper for effecting the object of their corporation, which is to provide a repose for the dead: Provided, however, They do not act inconsistent with the laws of this State or of the United States. acquire, and hold § 2. Said corporation shall have power to purchase, May purchase, take by gift, hold, transfer, and sell, exclusively for buryproperty for ing purposes, such tract or tracts of land, not to exceed cemetery pur ten (10) acres, to be located within one (1) mile of the ceeding ten acres, town of Petersburg, which shall be forever free from any poses, not ex and locate same. Affairs to be managed by six trustees and their successors to be elected. interference of turnpikes, railroads, or other public improvements, unless by the unanimous consent of the directory. May improve the same by avenues, walks, embellishments, and adornments; may subdivide the grounds in suitable lots for graves or vaults, and may sell the same at pleasure, which lots shall be used exclusively for burial purposes and no other, except such portion of said grounds as the directors may see fit to appropriate to horticultural purposes, and to beautifying and adorning the grounds; and said tracts or lots of land are hereby forever dedicated and set apart, to be held by said corporation, their associates, successors, and assigns, for the purpose aforesaid and no other. Said cemetery grounds and all lots in said cemetery shall be forever free from attachment or sale for debt, and shall be forever free from State, county, railroad, turnpike, or other taxes; and no public road or passway, except for the use of said cemetery, shail at any time be opened through or over said cemetery grounds, or any part thereof. §3. The affairs of this corporation shall be managed by W. H. Terrill, I. H. McWethy, James Bradley, Chas. Schramm, and W. E. Grant, acting as a board of trustees, and they may hold office and continue as such trustees until the first Saturday in April, 1875, and until their successors are duly elected and qualified; and they shall 1874. put up a written notice in the town of Petersburg one week before the time of each election for trustees, and the elections shall take place on the first Saturday in April of each year. Trustees first elected, and mode § 4. The board of trustees elected to succeed the board appointed by this charter shall consist of six (6) male of changes. citizens of the county of Boone, State of Kentucky, and lot owners in the Petersburg Cemetery; two of whom shall be annually elected by the lot-owners voting in person as hereinafter provided, four of whom shall constitute a quorum to transact business. To hold by lot, and mode of filling vacancies in board of trustees. Officers & their § 5. The board of trustees elected as aforesaid in April, 1875, shall, at their first meeting after their election and qualification, divide themselves by lot into three equal classes: the first class shall go out of office on the first Saturday in April, 1876; the second class on the first Saturday in April, 1877; the third class on the first Saturday in April, 1878; and thereafter one third of the said board of trustees shall go out of office every year, sub- duties. ject to re-election. All vacancies occurring in the board of trustees between the annual elections shall be filled until that day by the board. Failure to accept the office, and qualify within four weeks after being elected, death, resignation, or removal from Boone county, shall vacate the office of trustee. At their said first meeting after their election in April, 1875, the board of trustees shall elect one of their number as chairman and another as vice chairman. They shall also elect a secretary and treasurer, and appoint a superintendent. The board may allow any of the last three mentioned officers a reasonable compensation, and also require the treasurer to give bond. 6. At the annual election of the board of trustees each person holding a certificate of title to a lot or lots in the Petersburg Cemetery, regularly authenticated by the chairman and secretary, shall be entitled to a vote. When the title of a lot or lots is invested in more than one person, the owners shall determine which of them shall cast their vote; when lots are owned and held by decedent's estate, the legal representatives of such decedents shall be the proper person to cast the votes for such estates. The officers of the election shall be appointed by the board of trustees. 7. Each trustee, before entering upon the duties of his office, shall make oath, before some officer competent to administer the same, that he will faithfully and impartially discharge the duties of a trustee according to the best of his abilities. Persons entitled to vote for trustee. Trustee to take oath. 1874. Trustees' duties § 8. The board of trustees of said cemetery shall, at all times, have power to enter, by themselves or their defined in regard agents, upon any lot or lots within the bounds of the cemetery grounds; and to remove therefrom any improper or unseemly monuments, fixtures, shrubbery, trees, or other matter which may be placed thereon against the by-laws, rules and regulations, of the corporation. to burials, ornamenting grounds, &c. ting by-laws fixed. § 9. That should any person go inside the inclosed Penalty for viola- grounds of the cemetery company, except through the gates made for that purpose, or go therein contrary to the by-laws, rules and regulations, of the board of trustees. or unlawfully deface, cut, or otherwise injure any tombstone, tablet, monument, vault, tree, shrub, flower, or ornament in said cemetery, or sit upon the graves, walks, or grounds without permission of the sexton, or pass across the lots, or ride or drive upon the walks or across the grounds, except along upon the avenues, or participate in boisterous conversation or angry discussions, or use profane language, or without right and consent of the board of trustees or their agents disinter any body buried therein, or in any manner violate and offend against any of the provisions of this act, or against any of the by-laws, rules and regulations, of said corporation, enacted by the board of trustees for the conduct and government of the cemetery grounds, and not inconsistent with the laws of the State, besides being liable to an indictment for misdemeanor, and punishable therefor according to the discretion of a jury, said company shall be entitled to recover damages, for any trespass named in this act, of not less than two dollars nor more than five hundred dollars. All actions at law for violations of any of the provisions of the laws incorporating the company, and any of the by-laws, rules and regulations, of said corporation, shall be bad before a magistrate of Boone county, the presiding judge of the Boone county court, or the Boone circuit court, in the name of the Petersburg Cemetery Company; and all fines imposed and collected shall be for the benefit of said company, and shall be paid over to their treasurer; and where such fines shall be for damages committed the proceeds thereof shall be used to repair, as far as possible, the injury that was committed. The sexton of said cemetery shall have full power to arrest any parties charged with having committed any of the above mentioned misdemeanors, and bring them before one of the aforesaid courts to be tried. § 10. This act shall take effect from and after its passage. Approved February 17, 1874. CHAPTER 334. AN ACT to provide for the payment of expenses incurred by the Ohio county court in taking care of a pauper lunatic. WHEREAS, Thomas E. Brown, a pauper, was, by a legal inquest, found to be a lunatic, in Ohio county, and was ordered by the county judge of said Ohio county court to the Western Lunatic Asylum at Hopkinsville, but was failed to be admitted because said asylum was full; and on account of his condition, and being no other place suitable, he was ordered to be placed in the poor-house of said county, and was so placed there on the 13th day of May, 1872, and has been an inmate of said poor-house ever since, and to the present date; and further, said lunatic has been provided by said county court with suitable diet, lodgings, and medical attention up to and including this date, and is still an inmate of said institution; now, therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the county judge of Ohio county is hereby authorized to certify to the Auditor of Kentucky the expenses incurred in taking care of said Thomas E. Brown from the 13th day of May, 1872, the time of his commitment to the poor-house, until the 1st day of October, 1873; and thereupon the Auditor shall draw his warrant upon the Treasurer of the State of Kentucky in favor of the county court of Ohio county for the amount that may be due said county aforesaid: Provided, however, It shall not exceed two hundred and seventy dollars. § 2. This act shall take effect from its passage. Approved February 19, 1874. 1874. County judge to expended, and certify amount Auditor to pay claim. CHAPTER 335. AN ACT for the benefit of school district No. 68, in Madison county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the school commissioner for Madison county be, and he is hereby, allowed to make his report for school district No. 68, in Madison county, showing the number of children in said district within the school age for the year 1873, to the Superintendent of Public Instruction, and when the same shall be made, the Superintendent of Public Instruction shall transmit a copy of same to the Auditor, whereupon the Auditor shall draw his warrant on the Treasurer in favor of the school commissioner of Madison county for the amount due said district No. 68, in Madison county, for the school taught in 1873, School commissioner to make report of school in said district for 1873, and auditor to pay claim. 1874. as shown by the report herein authorized to be made. Approved February 19, 1874. Trustees to compel owners to streets. CHAPTER 336. AN ACT to amend the charter of the town of Mt. Carmel, in Fleming county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the trustees of said town shall have power to compel the owners of town lots in said town to grade and grade and pave pave a footwalk in front of their lots with good brick or rock, according to the direction of the trustees, taking into consideration the ability of the owners to pay; the footwalk not to be less than eight feet wide, and when, in the opinion of the trustees, it is necessary to repair the pavements already made; and if the owner of any lot shall fail or refuse, after reasonable notice is given to him or her by said trustees, to make or repair said pavement or footwalk, the trustees may cause the same to be made Where owners or repaired, and receive the expenses thereof by suit from comply the owner of the lot, and shall have a lien upon the lot tees may have for the amount expended in making or repairing the paverecover expense. ment or sidewalk. If the owner of any lot, before which the trustees may cause the improvement in this section above specified to be made, shall not reside in Mount Carmel, then the notice required by this section shall be served upon him in writing, delivered to him, or posted in two public places in said town for one month. notice shall be signed by the president of the board. fail to with order, trus work done and May prevent going at large. hogs, &c., from The § 2. That said trustees shall have authority to pass and enforce an ordinance to prevent hogs and cattle from running at large in the streets and alleys of said town. § 3. This act shall take effect and be in force from its passage.. Approved February 19, 1874. |