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1862.

Its object.

Officers.

F. Notker, and their successors and associates, be, and they are hereby, created a body corporate, by the name and style of "The Benedictine Order of Covington;" and by that name shall have perpetual succession, and be in law capable of suing and being sued, pleading and being impleaded, and may purchase, hold, and sell real or personal estate, by the corporate name aforesaid.

§ 2. The object and business of the said "Benedictine Order of Covington" shall be the instruction of the youth of this Commonwealth, the visiting of the sick, and such other charitable and educational purposes as the said Order shall direct and deem proper to be pursued; and for the purposes aforesaid, the said "Benedictine Order of Covington" may own and hold real and personal estate by gift, devise, or purchase, to such an extent as shall be necessary to enable the said Order to carry out the objects of the said association.

3. The regular officers of the said "Benedictine Order of Covington" shall consist of a president, vice president, secretary, and treasurer, and such other officers as the said corporation may provide for in their constitution and by-laws.

§ 4. The said corporation may have a common seal, and shall be permitted to enact such by-laws as the interest of the said Order shall require, not inconsistent with the constitution of the United States or the constitution and laws of this Commonwealth, and shall have the power to alter, amend, or repeal them, or any of them, at their pleasure.

§ 5. The officers of the said corporation shall be elected and hold their offices for such time and under such restrictions as the constitution and by-laws of the Order may provide for.

6. The said corporation shall make conveyances of Powers con- real and personal estate by the act of the president, and with the common seal of the corporation, in accordance with the laws of this Commonwealth.

ferred.

Limitation.

§ 7. The said corporation shall at no time own, possess, or hold an estate of any kind of greater value than seventyfive thousand dollars; and full power is reserved hereby to the Legislature of Kentucky to repeal, alter, or amend this act at all times.

§ 8. This act shall take effect from its passage.

Approved March 11, 1862.

CHAPTER 498.

AN ACT for the benefit of Elisha Smith, of Rockcastle county.

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

§ 1. That William H. Randall be, and is hereby, appointed a commissioner, with full powers as such, to take proof in any county in this Commonwealth, and to issue subpoenas and constrain the attendance of witnesses, at such times and places as he may designate, to ascertain and report to the Lincoln circuit court what sum, if any, may be justly due from the Commonwealth's Bank of Kentucky to Elisha Smith, of Rockcastle county, for services rendered said bank as counsel in prosecuting suits for the collection of the debts due said bank, collecting and paying over to said bank, or its agents, moneys collected, and any other services which he may have rendered said bank as such counsel, which service was ordered or authorized by the bank, or any of its agents or officers. The said commissioner shall first give reasonable notice to the agent, or officers of the bank, and to the said Smith, of the time and place of taking proof.

§ 2. If, upon the proof, it appears that the said Smith has rendered such service, and has not been paid, then, to the amount of such services unpaid, the judge of the Lincoln circuit court is hereby directed to give to the said Smith a credit on the judgment or execution existing in said court in favor of said bank against the said Smith: Provided, however, That the judge of said court shall have power to modify the amount, if any, which may be reported by the commissioner in favor of Smith, as the court may deem a fair and just compensation for the service rendered: Provided further, That the court shall grant said Smith such time as may be reasonable to take the proof and the commissioner to report; and the court may enjoin so much of the bank's judgment against Smith as it may deem requisite fairly to requite him for such services, until such time as may be reasonable for the commissioner to take proof and report: Provided, however, That said commissioner shall not be required to perform the services required by this act, unless the said Smith secure to him the payment of such sum as the court may think proper to allow him for the service when performed.

§ 3. This act shall be in force from its passage.
Approved March 11, 1862.

1862.

1862.

CHAPTER 499.

AN ACT for the benefit of school district No. 42, in Owsley county.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

§ 1. That further time, until the first day of April next, be, and is hereby, given the common school commissioner of Owsley county, in which to submit to the Superintendent of Public Instruction his report for school district No. 42, in said county, for the school year 1860; and, upon the submission of such report, the Superintendent shall proceed to have the amount to which said district is entitled, for that year, paid, as in other cases.

§ 2. This act shall take effect upon its passage.

Approved March 11, 1862.

CHAPTER 501.

AN ACT to amend an act to incorporate Winchester College, approved February 15, 1860.

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

§ 1. That Ben. B. Groom, H. G. Poston, John Clinkenbeard, L. B. Grigsby, Chas. Chase, William R. Duncan, and Thomas H. Robinson, trustees of Winchester College, or a majority of them, be, and they are hereby, authorized to sell and convey so much of the real estate owned by said corporation as lies in the town of Winchester, on the west side of the turnpike road leading from Winchester to Paris, being part of the property conveyed to said corporation by William H. Nelson and wife; and the proceeds of such sale they shall apply to the ordinary uses of said corporation.

§ 2. This act to take effect from its passage.

Approved March 11, 1862.

CHAPTER 502.

AN ACT to amend the act to create the office of county treasurer in Whitley

county.

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

§ 1. That the first section of an act, entitled "An act to create the office of county treasurer for Whitley county," be, and is, so amended as to authorize the judge of the Whitley county court to appoint said county treasurer at any future term of said county court; and it shall be his duty, as soon as practicable, to make the appointment. §2. This act shall take effect upon its passage. Approved March 11, 1862.

CHAPTER 503.

AN ACT to incorporate Yelvington Lodge, No. 293, of Free and Accepted
Masons.

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

§ 1. That the members, and those who may hereafter become members, of Yelvington Lodge, No. 293, of Free and Accepted Masons, in Yelvington, Daviess county, Kentucky, be, and they are hereby, created a body politic and corporate, by the name and style of Yelvington Lodge, No. 293, of Free and Accepted Masons; and by that name and style shall have perpetual succession, and be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, of purchasing and holding such real and personal estate as may be required for the use of said lodge; to receive all necessary conveyances, to sell, convey, and dispose of all such real or personal estate as they now have or may hereafter acquire: Provided, That the amount invested in real estate, exclusive of buildings thereon, shall at no time exceed ten thousand dollars.

§ 2. That the management of the concerns of said corporation shall be, and is hereby, invested in and confided to the master, senior and junior wardens, and their successors in office, as trustees thereof, who, or a majority of whom, shall have power to make all contracts pertaining to the personal or real estate of said lodge.

3. That the said trustees shall have power to pass such by-laws, rules, and regulations, not inconsistent with the constitution and laws of the United States or of this State, as may be necessary for the safe-keeping of the property and other interests of the lodge; and may have and use a common seal, and change the same at pleasure; and in conveying real estate the whole board of trustees shall join in such conveyance.

§ 4. The General Assembly reserves the right to amend, alter, or repeal this act at pleasure.

§ 5. This act to take effect from its passage.

Approved March 11, 1862.

1862.

CHAPTER 504.

AN ACT to incorporate the town of Gistville, in Henry county.

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

Boundary of

§ 1. That the boundary of land in Henry county, on the Kentucky river, lying near lock No. 3, and laid off into town. streets and alleys by A. G. Addlesbery, in the year 18

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1862.

be, and is hereby, established as the town of Gistville, and to be embraced within the limits of said survey.

§ 2. That one copy of said survey be kept by the trusCopy of survey tees of said town, subject to inspection, at all times, of the to be kept by trustees. citizens and lot-owners of said town; and that said trustees cause another copy to be filed in the office of the county court of said county.

Trustees.

Voters.

Police judge

and town mar

shal may be

elected.

To take oath.

Jurisdiction of judge and mar

shal.

laws.

§ 3. That John Waldner, J. B. Welz, and Franklin Harding, are hereby appointed trustees of said town, and shall hold their office till the 1st Monday in April next, at which time, and annually thereafter, there shall be an election, by the qualified voters of said town, of three trustees, to serve for one year, and till their successors are duly elected and qualified.

§ 4. All free white males, twenty-one years of age, who have resided in said town sixty days next preceding an election, shall be qualified to hold office, or to vote for any officer at any election in said town.

§ 5. A police judge and town marshal shall be elected by the qualified voters of said town on the first Monday in April next, who shall hold their offices till the next regular election of county judge and sheriff in said county, at which time said officers shall be elected for the same term as are the officers aforesaid.

§ 6. Said officers, including the trustees, shall, before they enter upon the duties of their office, take the oath prescribed by law; and the marshal shall execute bond in the county court, with approved security, conditioned for the faithful discharge of his duties.

§ 7. Said police judge and town marshal shall [have] concurrent jurisdiction with justices of the peace and constables in Henry county in criminal and penal cases, and a like jurisdiction in civil causes within the limits of said town, and to charge the same fees for services as justices of the peace and constables are allowed to charge by law for like services.

§ 8. The trustees of said town are empowered to pass May pass by- such by-laws and enact such regulations as may be necessary for the government and well-being of said town, and not inconsistent with this act, and to fill any office created by this act which shall become vacant, from any cause, till the next regular election, and they may also appoint a clerk.

collect tax.

§ 9. Said trustees may levy and collect a tax within the May levy and limits of the town, on all taxable property, not exceeding twenty-five cents on each one hundred dollars, and a tithe not exceeding one dollar on each tithable in the limits of said town.

§ 10. The clerk shall keep a full and faithful record of Record to be the proceedings of the trustees of said town, which shall,

kept.

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