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§ 2. Nothing in this act shall be construed as releasing said estate of Foster Hurst, or his security, from paying jail fees, take-up fees, and officers' costs.

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

Approved February 18, 1860.

CHAPTER 302.

AN ACT to legalize the sale and purchase of poor-house land in Montgomery county.

WHEREAS, It has been proven to the satisfaction of the county court of Montgomery county that it was to the interest of said county to make sale of the land purchased for said purpose, under the law establishing said poorhouse; and whereas, said county court has purchased a larger tract of land than is provided by law; now, therefore,

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

That said sale and said purchase be made legal and binding between the parties.

Approved February 18, 1860.

CHAPTER 303.

AN ACT to empower the County Court of Bath county to make subscriptions to the capital stock of Turnpike Road Companies.

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

§ 1. That the county court of Bath county, at any regular term of said court, a majority of the justices of the peace of said county in commission being present and concurring therein, shall have power to make subscriptions to the capital stock of any turnpike road company which has been, or may hereafter be, incorporated by the Legislature of Kentucky, or by said county court, under the general law, not exceeding the sum of eight hundred dollars per mile for each mile of such roads which may be located within the limits of said county; and that said court, with the concurrence of the majority of the justices aforesaid, may levy a tax upon the real and personal estate in said county, subject to taxation for revenue purposes, sufficient to pay the same; and that all the laws of the State applicable to the collection of the revenue, shall apply in the collection of the tax thus levied: Provided, That such subscriptions shall not be made till said court shall be satisfied that an amount of stock sufficient, with the aid of

such county subscriptions, to complete each mile of road to which such county subscriptions apply, has been taken by private subscriptions.

§ 2. This act shall take effect from and after its passage. Approved February 18, 1860.

1860.

CHAPTER 304.

AN ACT to incorporate the Avenue Presbyterian Church, of Portland. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That Joseph Irvine, Dr. George H. Walling, Joseph T. Miles, Daniel McCullough, and John Graham, and their successors in office, be, and they are hereby, created a body politic and corporate, by the name and style of the "Avenue Presbyterian Church, of Portland," and by that name. shall have perpetual succession and corporate existence, with all powers incident to such corporations, so far as it may be necessary to protect and preserve the rights, titles, or privileges and immunities of said church, which belong or may belong to said church; and to hold any property that may have been conveyed for the use of said church, and to acquire and possess it for the benefit thereof, either by gift, purchase, or in any other way, not exceeding fifty thousand dollars; and said trustees, or their successors, shall have full power to sell, and by deed convey the property in whole or in part of said church, and re-invest the proceeds for the benefit of the said church, as may be directed by a majority of the white members thereof, at a meeting to be held for that purpose.

§ 2. The said trustees shall continue in office until their successors shall be duly elected; and every two years the said trustees shall be elected on the day and at the place to be regulated by said trustees; and the said trustees, or their successors, may change the time and place of such election; and those in office may, from time to time, fill any vacancy in their board, and hold until their successors shall be elected. At every election of said trustees, each white member of said church shall be entitled to one vote, and a majority shall determine said election.

§3. A majority of said trustees shall, at all times, constitute a quorum, and it shall be their duty to keep a fair record of their proceedings, and appoint all such officers as may be necessary and proper for the comfort and convenience of said church and congregation, and for the preservation of their property; and to pass such by-laws and regulations, not inconsistent with the constitution and

1860.

laws of this State and the United States, as they may deem proper.

§ 4. The said trustees may, in the name of the Avenue Presbyterian church, of Portland, prosecute and defend any and all warrants or suits, necessary and proper for collection of rents, pew taxes, and all property or rights that may be due and owing to it; and defend all suits instituted against them touching or affecting the same.

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

Approved February 18, 1860.

CHAPTER 305.

AN ACT to amend the Danville, Dix River, and Lancaster Turnpike Road
Company.

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

§ 1. That the charter of the Danville, Dix River, and Lancaster turnpike road company be so amended as to exempt one hand from working on all county roads for every one hundred dollars of stock subscribed and paid to the directors of said road.

§ 2. The hands exempted from working on county roads, as herein provided, shall be required to work on the Danville, Dix River, and Lancaster turnpike road, under the control and management of the president and directors, who shall have the same remedy to compel hands of stockholders to work on said road that surveyors of county roads have under existing laws; and the fines for the failure of hands to work on said turnpike shall be collected and paid to the president and directors thereof, for the use and benefit of said company, and shall be appropriated to keep the same in repair.

§ 3. The provisions of this act shall only apply to subscribers living in the immediate vicinity of said turnpike; and the hands of stockholders shall not be required to work more than five days in any one year.

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

Approved February 18, 1860.

CHAPTER 306.

AN ACT to incorporate Garrard Lodge, No. 139, of Independent Order of Odd
Fellows.

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

§ 1. That D. F. Smith, H. C. Jennings, B. Swope, J. W. Poor, and D. W. Dunn, and their successors, be, and they are hereby, created a body corporate, by the name and style of Garrard Lodge, No. 139, of Independent Order of Odd Fellows; and they and their successors shall so continue and have perpetual succession, and by that name are made capable in law as natural persons to sue and be sued, plead and be impleaded, contract and be contracted with, in all courts of law and equity, to have and use a common seal, and alter the same at pleasure. They may make and ordain regulations and by-laws for their government, and those now in force in said lodge to alter when they deem proper; and may change and renew the same at pleasure: Provided, They be not contrary to the constitution and bylaws of the grand lodge of the Independent Order of Odd Fellows, incorporated by an act approved February 16th, 1838, nor in contravention to the constitution of the United States or this State.

§ 2. The said corporation shall have power and authority to acquire and hold real and personal estate, not exceeding twenty thousand dollars in value, and from time to time, if deemed expedient, sell and convey the same, or any part thereof, and to reinvest and dispose of the proceeds.

§ 3. The right to alter, amend, or repeal this act is hereby reserved to the General Assembly.

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

Approved February 18, 1860.

1860.

CHAPTER 307.

AN ACT for the benefit of John Thorns, guardian of Mary Houston Jackson. WHEREAS, It is represented to the General Assembly that John Thorns was appointed guardian of Mary Houston Jackson, by the Franklin county court; and that both he and his said ward resided then, and still reside, in Fayette county; now, to facilitate the settlement of his accounts,

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

That the Fayette county court shall have the same jurisdiction over said Thorns, as guardian of Mary Houston Jackson, and for the settlement of his accounts, that has hitherto belonged to the Franklin county court; and it shall

1860.

be his duty to make his settlements with the Fayette county court, and they shall have the same effect as if made with the court that appointed him.

Approved February 18, 1860.

CHAPTER 308.

AN ACT creating an additional voting place in District No. 8, in Graves county.

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

§ 1. That an additional voting place is hereby established in district No. 8, (Dublin district,) Graves county, at Saxon's depot, in said county.

§ 2. That the additional voting place in said district shall be at the depot building, or some other house convenient and adjacent to the depot, until otherwise altered by law.

§3. That it shall be the duty of the county judge of said county to appoint judges and other officers to conduct the elections at said voting place, as he is required by law to do for other voting places in said county; and that the officers holding elections at said voting place shall be governed in all respects by the law now in force in this Commonwealth applicable to officers conducting elections in the respective districts in said county.

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

Approved February 18, 1860.

CHAPTER 309.

AN ACT to authorize the Anderson County Court to sell and convey the poorhouse land in said county.

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

§ 1. That the county court of Anderson county, a majority of the justices of the peace for said county being present and concurring therein, shall have, and is hereby, invested with full power and authority to sell and convey the poorhouse tract of land in said county.

§ 2. This act shall take effect from and after its pasApproved February 18, 1860.

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