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order a jury to be empaneled to try the question of damages, unless, for good cause shown, time is given for preparation. If no exceptions are filed, the report shall be confirmed. The jury and commissioners, in estimating the damages to any proprietor of land or material sought to be condemned for said road, shall find for the owner or owners the actual value of the land or other thing proposed to be taken; but in estimating damages resulting incidentally to the land or other property of such owners, they shall offset the advantages to such residue to be derived from the building and operating said road by, through, or near such residue: Provided, That land condemned for railway shall not be more than one hundred feet wide, unless said company shall file with the court, at the time of applying for the appointment of commissioners, the affidavit of some one of its engineers stating that a greater width is necessary, and how much more is required, when the inquisition shall be for the quantity thus stated.

property.

6. That whenever it shall be necessary for said company May condemn to have, use, or occupy any lands, material, or other property in order for the construction of said road, or their necessary works on building, the president and directors or their agents, or those contracting with them for constructing the same, may immediately take and use the same, they having first caused the property wanted to be viewed by commissioners appointed as herein before prescribed; and it shall not be necessary, after such view, in order to the use and occupation of the same, to await the issue of such proceedings upon such inquest of the jury, after the payment or tender of such valuation, shall be a bar to all actions for taking or using such property, whether begun before or after such confirmation or payment of such valuation.

7. The East Cairo and Paducah Railroad shall be of standard gauge.

§ 8. Said company shall begin the construction of said road within five years after the passage of this charter, otherwise said company shall lose all rights under it.

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

Approved February 27, 1880.

Corporators

Name.

estate.

CHAPTER 280.

AN ACT to incorporate the Anchor Mutual Benefit Association, of Kentucky, Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That E. W. Vaughan, J. H. Ashcraft, Jos. W. Thompson, John A. Miller, Thos. J. Atkins, Thos. H. Corbett, John Sinnott, and J. R. Puryear, and their successors, be, and are hereby, created a body-corporate, under the name of the Anchor Mutual Benefit Association, of Kentucky; to have perMay hold real petual succession, with the right to acquire and hold real and personal property, not exceeding one hundred thousand dollars, with the power to confer charities as herein provided, or as the president and directors may determine, and to make contracts that shall be binding; to sue and be sued, and transact any business, in its corporate name, for its separate purposes; to have and use a corporate seal, changeable at pleasure; and to make by-laws for its government, not inconsistent with the purposes of its corporation, or with the laws of this State or of the United States.

examined by physician.

2. The persons named above, or a majority of them, Applicants to be may constitute a board to do business, and may proceed at pleasure to organize and receive as members of this association such persons as any member shall recommend, and who shall likewise pass a satisfactory medical examination, and be between the ages of eighteen and sixty years. The members may be assigned to divisions of two thousand each for each division; but no new division shall be formed until the first is full; and the accounts of each division shall be kept separately on the books of the association The same person may hold one membership in each division, and the certificates of membership shall be numbered by consecutive numbers; but should the holder of any certificate die or forfeit his membership, such vacancy shall be filled by a new member, in order to keep said division filled at all times. Each division may consist of (5) five classes. Those from eighteen to thirty shall constitute the first class, each of whom shall pay one dollar to the association on the death of a member of the division to which he shall belong; those between thirty and forty, the second class, and shall pay one dollar and twenty-five cents; those between forty and fifty, the third class, and shall pay one dollar and fifty cents; those from

fifty to fifty-five, the fourth class, shall pay two dollars: those from fifty five to sixty, the fifth class, and shall pay three dollars, on the death of a member of the class to which they may belong.

Office of the comcated at Padu

pany to be lo

cah.

§3. Each applicant for membership shall pay into the Admission fee. treasury of the association the sum of ten dollars as a membership fee, and two dollars as annual fee, which annual fee shall be paid at every anniversary of his membership. Upon the payment of these sums, and the approval by the medical examiner of the board of directors of his medical examination, each member shall receive a life membership certificate of such device as the president and directors may adopt, which shall express on its face the obligations of such member, and the benefits to accrue to the legal heirs or other beneficiary to be named in the certificate in the event of death§ 4. The office of the asssociation shall be located at Paducah, Kentucky, and the persons above named as corporators shall constitute the first board of directors, from whom the officers of the association shall be elected, viz: a president, vice president, medical examiner, secretary, and treasurer; but the office of secretary and treasurer may be held by one person, if the board so elect. The officers shall hold their offices for one year or during good behavior, and until their successors are elected and installed. A new board, which shall be composed of not less than seven members, shall be elected one year after the organization of the association under the directory, and annually thereafter. Members shall be entitled to vote for directors in person or by proxy; and the board of directors shall elect the officers of the association. In event Vacancies -how of vacancy in the board, the remaining members shall have power to fill it. The board may fix the salaries of its officers, and prescribe in the by-laws their duties, and the amount and conditions of such bonds as they may require of them, and do all other acts within the purview of this charter, and not inconsistent with the law. A majority of the board of directors may constitute a quorum to do business, and, in the absence of the president and vice president, may appoint a president pro tempore. An absent director may vote by proxy, in writing, at any meeting of the board.

filled.

-how formed.

§ 5. The membership, and annual fees paid into the treas- Permanent fund ury by each member (together with any sums remaining after paying the legal heirs or beneficiary of a deceased member,

when paid.

and the expenses of the association), shall form a permanent fund, which may, at the discretion of the board of directors, be appropriated to relieving the necessities of sick or disabled members by granting a weekly sum, not to exceed in any case seven dollars a week, for a term not longer than twenty weeks consecutively, to be paid to such sick or disabled members.

6. On notification by the secretary of the death of any Mortuary fee member, each surviving member shall pay into the treasury, within thirty (30) days from the date of notice, the mortuary fee stipulated in the certificate of membership, which sum shall constitute a fund, to be paid within sixty (60) days from the date of the proof of death, to the legal heirs or beneficiary of the deceased member, less twenty per centum, to be deducted for expenses and to the increase of the permanent fund.

§ 7. Any member failing to pay his assessment within thirty (30) days, as provided in section six, shall forfeit his membership, and all benefits arising therefrom, but may be reinstated by the board if an application, made in writing, accompanied with the proper medical certificate of continued good health, within twelve months from date of forfeiture.

8. No part of the interest of any member of the associa Interest or bene- tion shall be subject to any debt, liability, or legal or equitable process against him, or which shall in any way alienate the benefits from his legal heirs or beneficiary.

fits to be exempt

from all claim

9. The president and directors shall cause to be made annually a full report of the business of the association, which shall be subject to the inspection of its members. They may regulate by their by-laws the time for regular and called meetings of the board. They may fix the rules and principles by which the association may try and expel a member or adjudicate his rights, duties, and forfeitures as a member of the association.

§ 10. The board of directors may, if they see proper, constitute and establish agencies anywhere for the purpose of facilitating the objects of the association, which being of a benevolent character, shall be free from all licenses and taxation, except as to real estate and personal property.

§ 11. The board may alter the amount to be paid as memBoard may fix bership fee, annual fee, or assessment for death losses, as membership fee. experience may indicate, if they should deem it advisable.

12. The private property of officers and members shall not be liable for any debts of the association.

§ 13. This act to take effect from and after its passage.

Approved February 26, 1880.

CHAPTER 281.

AN ACT to incorporate the town of McHenry.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

how elected.

§ 1. That the town of McHenry, in Ohio county, is hereby Town limits. incorporated, and that the corporate limits of the same shall embrace the ground as set out in a plat of said town, which is recorded in the Ohio county court clerk's office, and, in addition thereto, shall embrace a strip of ground seven hundred and fifty feet on the north side, and two hundred feet on the east side of said plat, and also that part of the land of J. L. Render which is embraced in the orginal plat of the town. § 2. That Wm. G. Duncan, George Render, James Kelley, Trustees, ard Samuel Williams, and Oliver Roll be appointed trustees of said town, and that they cause an election to be held on the last Saturday in July, 1880, at which all the qualified voters of said town may vote for the purpose of electing a board of five trustees, who shall hold their office for two years, and until their successors be elected and qualified; and all future elections shall be held on the last Saturday in July in each year that an election is to be held. The trustees appointed under this act, and their successors, shall be sworn to faithfully discharge the duties of their office before they enter on the discharge of their duties; and they shall keep a record of their proceedings, and shall elect a president and secretary of their board, and may fill any vacancies in the board.

§3 It shall be the duty of the board of trustees to keep the streets of said town in good order, and to do all needful things for the interest of the town, and make such by-laws as may be right and proper and usual for the government and protection of the citizens of the town.

levy tax.

4. The trustees shall have the right to levy a tax, of not Trustees may exceeding two dollars per head per annum, upon each adult male citizen of the town, which may be used and appropriated for the use and benefit of the town; and the trustees

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