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1876.

suit in Franklin circuit court.

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

§ 1. That it shall be lawful for said Richard H. Collins to May institute institute a suit against the Commonwealth of Kentucky in the Franklin circuit court to have a judicial construction of said act, and to decide the liability of the State, if any, under said act, and to recover from the Commonwealth any and whatever damages he may have sustained, if any, by the refusal and delay, if any, to comply with said act.

§ 2. Process shall be served upon the Attorney General; and all the allegations of the petition shall be considered as controverted, and shall be established by proof.

§ 3. If the judgment of the circuit court shall be in favor of plaintiff, and no appeal be taken within the time required by law, or if an appeal be taken to the Court of Appeals, and the judgment be affirmed by said court, then plaintiff shall comply with the requirements of said act in every respect as set forth therein, if so adjudged by said court; or whatever said judgment shall be, if any, in favor of said plaintiff, the Auditor shall draw his warrant upon the Treasurer for the amount thereof, in installments, if so required, and the Treasurer is directed to pay same.

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

Approved March 3, 1876.

CHAPTER 325.

AN ACT to repeal several acts increasing the jurisdiction of quarterly and justices' courts in the county of Anderson.

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

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1. That an act, entitled "An act increasing the jurisdiction of justices of the peace in Crittenden, Caldwell, and other counties of this Commonwealth," which became a law without the Governor's signature February 13th, 1874; also an act, entitled "An act to increase the jurisdiction of quarterly courts in Hickman, Fulton, Graves, Calloway, Henderson, Union, Webster, Todd, McCracken, Owen, Gallatin, Logan, Boyd, Barren, Boone, Monroe, Metcalfe, Edmonson, Breckin ridge, Wayne, Pulaski, Marshall, Cumberland, and other counties," approved February 17th, 1874, be, and both of said acts

are hereby, repealed, so far as they apply to the quarterly and justices' courts of Anderson county.

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

Approved March 3, 1876.

CHAPTER 326.

AN ACT for the benefit of W. P. Fox, jailer of Knox county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Auditor of Public Accounts be, and he is hereby, directed to draw his warrant upon the Treasury for the sum of fifty-one dollars, in favor of W. P. Fox, jailer of Knox county.

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

Approved March 3, 1876.

CHAPTER 327.

AN ACT to change the time of holding the February term of the Henderson quarterly court.

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

1. That the time of holding the February term of the Henderson quarterly court be changed, so that the term holden on the first Monday in February, as now required by law, hereafter be held on the last Monday of January in each year.

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

Approved March 3, 1876.

CHAPTER 328.

AN ACT for the benefit of Polly Davis, administratrix of R. P. Davis, late surveyor of Breathitt county.

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

§ 1. That Polly Davis, administratrix of R. P. Davis, late of Breathitt county, have the further time of two years to

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collect and have distrained for the uncollected fee-bills due said R. P. Davis as late surveyor of Breathitt county; she shall, however, in the collection of said fee-bills, be under the same liabilities as other officers in the collection of illegal feebills.

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

Approved March 3, 1876.

CHAPTER 329.

AN ACT for the benefit of Felix Gibson, of Wayne county.

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

§ 1. That the Auditor of Public Accounts be, and he is hereby, directed to draw his warrant on the Treasurer in favor of Felix Gibson, of Wayne county, for the sum of fifteen dollars and forty-five cents, as compensation to said Gibson for keeping and dieting Emily Gibson, a pauper lunatic, and the Treasurer shall pay the same out of any money in the Treasury not otherwise appropriated.

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

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Approved March 3, 1876.

current with jus

CHAPTER 330.

AN ACT giving the police judge of Paradise, Muhlenburg county, concurrent jurisdiction with justices of the peace.

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

§ 1. That the police judge of the town of Paradise, in Jurisdiction con- Muhlenburg county, shall have concurrent jurisdiction with tices of the peace justices of the peace for the trial of all civil cases, to be governed by the same laws, rules and regulations, governing the trial of civil cases before justices of the peace: Provided, That nothing in this act shall be construed to give the police judge power to hold courts for the trial of civil cases except in the same months that justices hold their courts, and only four such courts a year.

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

Approved March 3, 1876.

CHAPTER 331.

AN ACT to amend an act incorporating the Odd Fellows' Mutual Life Assurance Association, of Louisville, Kentucky.

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

§ 1. That George S. Moore, Columbus Chamberlain, W. H. Bartholomew, and William E. Craig, with their associates, successors, and assigns, be, and they are hereby, created a corporation and body-politic, with perpetual succession, by the name, style, and title of the "Odd Fellows' Mutual Aid Association of the State of Kentucky," for the purpose of organizing and conducting an association for the benefit of the widows and orphans, or assigns, of deceased members; and in that name are hereby made as capable in law as natural persons to contract and be contracted with, to sue and be sued, plead and be impleaded, answer and be answered, in any court of law or equity in this Commonwealth or elsewhere; and to make, have, and use a common seal, and the same to alter or exchange at pleasure.

§ 2. Said corporators may, at their convenience, open books for the enrollment of members; and shall prescribe the necessary qualifications of members; and establish the admission fee to be paid by each member, which shall not exceed twenty-five dollars; and an annual fee, which shall not exceed one dollar, for contingent expenses; and so soon as one hundred members are enrolled they shall proceed to organizo the association by electing a board of seven directors, who shall be members of the association, and shall serve for the period of one year. Each member enrolled shall be entitled to one vote in the election of directors; and upon every succeeding twelve months from the day of the first election, the members shall proceed in like manner to elect a board of directors to serve during the ensuing twelve months.

§ 3. Each board of directors shall elect a president, secretary, and treasurer to serve during their term of office.

§ 4. The board of directors shall enact such by-laws, rules and regulations, as they may deem necessary for the government of the association; and shall have control and management of the funds and business of the association.

5. The board of directors shall prescribe the mode and manner of collecting the fees from the enrolled members;

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and any member failing to pay said fee, within the time specified by the directors, shall cease to be a member of the association, and forfeit all right and privileges he may have possessed as such, until such additional fee is paid as the board of directors may prescribe; and all persons becoming members, after the association is organized, shall pay the admission fee at the time of enrolling their names.

§ 6. The fund accumulated from admission fees, and interest or dividends accruing therefrom, may be invested in stocks, bonds, or mortgages, subject only to the order or control of the board of directors.

§ 7. Upon the death of a member, the officers of the association, upon ascertaining that the member was not in arrears to the association, and was in good standing in the Lodge to which he may have belonged, shall make an assessment of not less than one dollar, nor more than two dollars, upon each and every member of the association, which shall be payable to the secretary, within thirty days thereafter, on penalty of forfeiting all rights and privileges in the association; and the aggregate amount of the assessments shall, at the end of thirty days, and within ten days thereafter, be paid to the widow and orphans of said deceased member; failing these, it shall be paid to the father and mother; failing these, to the brothers and sisters, or it may be paid in any manner which may have been prescribed in writing, and filed with the association, by the deceased member: Provided, That the widows and orphans shall be first entitled. No legal power or process whatever shall restrain the officers of this association from paying all amounts due the beneficiaries of deceased members to such beneficiaries or their legal representatives, and shall, in no case, be liable for debts due by such deceased member at the time of his death.

8. No person shall be entitled to admission into this association except he be a member in good standing of some Lodge of the Independent Order of Odd Fellows, held in the State of Kentucky, in good health at the time of application, and not over sixty years of age.

9. The business office of this association shall be in the city of Louisville, Jefferson county, State of Kentucky; and the board of directors may call a general meeting of the

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