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Fayette Hewitt, General B. W. Duke, Colonel T. W. Thomp. son, Sergeant Jeff. Sterritt, Captain Jack Brown, Captain L. D. Hockersmith, Lieutenant Colonel Henry S. Hale, Major T. E. Moss, Dr. J. M. Hanna, Captain Jas. A. McKenzie, Colonel J. W. Caldwell, Dr. John A. Woods, Major P. P. Johnston, Lieutenant W. N. Offutt, Private Justice Webb, Colonel Thos. Johnson, Private J. M. Chism, Lieutenant Wallace Herr, Lieutenant Colonel Jake Griffith, Captain John B. Pirtle, Lieutenant John A. Lee, Captain William Lindsay, Private J. F. Askew, Captain T. C. Jones, Lieutenant Jno. T. Sinclair, Lieutenant John A. Lewis, Colonel J. Stoddard Johnston, Captain L. C. Norman, Lieutenant Rod. Perry, Captain Ralph Sheldon, Hon. T. L. Jones, Colonel John F. Davis, Colonel W. S. Giltner, Captain Lee Hathaway, Major J. R. Viley, Colonel J. P. Nuckols, Colonel D. Howard Smith, Major J. B. Castleman, and Captain J H. Dorman, and their successors, be, and they are hereby, created and incorporated a body-politic, under the name of the Confederate Soldiers' Name. Home and Orphan Asylum, and as such may purchase and hold all the necessary real estate, receive gifts, donations, be- May hold real quests, and subscriptions of money, land, or other property for establishing, building, and maintaining a home for disabled, infirm, and indigent Confederate soldiers, and an asylum for destitute orphans of Confederate soldiers.

estate.

board of cura

cies.

vacan

§ 2. Said home and asylum shall be under the management Managed by and control of the above-named incorporators as a board of wors. curators, with power to fill vacancies caused by death or resignation, and may, by a vote of a majority of said board, vacate the office of a member and elect one to serve in his May fill stead; and said board shall have the power to reduce the number of curators as vacancies may occur, but in no case shall the number of curators be less than fifteen. James E. Cantrill shall be chairman of the board of curators until his successor shall be duly elected and qualified. § 3. Said board shall erect and maintain, in connection with shall erect a said home and asylum, a memorial hall, in which shall be deposited and preserved all pictures, flags, swords, guns, books, manuscripts, busts, statues, and all relics of the late war between the States, which may be given or loaned to said home, and shall keep and preserve a register containing the name, residence, and military rank, if any, of each subscriber, donor, and inmate.

memorial hall

4. When, from the lapse of time, there shall be no ConWhen destitute federate soldiers nor Confederate soldiers' orphan children, transfer property the board of curators shall turn over and transfer all the

of inmates, shall

to the State

property of said home and asylum to the State of Kentucky, to be used for such charitable purposes as the Legislature may designate, on the condition that the State shall forever preserve and care for the memorial hall and all of its contents, and on further condition that said hall shall be kept open and accessible to visitors under such prudent regulations as the board of curators may prescribe.

§ 5 The board of curators shall select and set apart a day Shall fix a day for an annual reunion to be held on the grounds of the home, to which reunions all Confederate soldiers shall be invited by the board.

for an annual reunion.

6. The curators shall make all necessary rules for the management of the home and asylum, and by-laws for their own government, and elect such officers from their own number as they may deem necessary for conducting their affairs; but in no case shall any debt be created for the payment of which any of the property of the home and asylum may or Five of the board can be subjected. Said home and asylum shall be located at or near Georgetown, and five members of the board of curators shall reside in Scott county, who shall constitute a quorum for the transaction of ordinary business; but in all cases of the election of officers, removals, filling of vacancies, and acceptance of resignations, it shall require a vote of a majority of the members.

shall reside in Scott county.

may vote by proxy.

§ 7. When a member cannot attend a meeting of the board, Member board he may appoint, in writing, a proxy to cast his vote, but such proxy shall be a member of the board; and all meetings shall be held at the home and asylum: Provided, however, That until the home and asylum is fully established, meetings may be held at the place designated by the chairman.

§ 8. The property of the home and asylum shall be exempt Property exempt from State, county, or municipal taxation.

from all taxation.

9. This act shall take effect from and after its passage. Approved January 24, 1880.

CHAPTER 75.

AN ACT to amend an act, entitled "An act to amend the charter of the
Owensboro and Russellville Railroad Company."

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

§ 1. That section fifteen of an act, entitled "An act to amend the charter of the Owensboro and Russellville Railroad Company," approved January 27th, 1872, be, and is hereby, amended by striking therefrom all the words occurring therein after the word "concurring" in the second line, and before the word "or" in the sixth line thereof.

§ 2. This act shall take effect and be in force from its pas

sage.

Approved January 27, 1880.

CHAPTER 76.

AN ACT to regulate proceedings in ordinary actions in Hardin circuit

court.

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

§ 1. That the clerk of the Hardin circuit court, in docketing ordinary appearance actions, shail place them on the second day of each term of said court.

§ 2. Witnesses subpoenaed therein shall be summoned to the ninth day of each term.

§3. On the said second day of the term the court shall begin the call of said docket, continuing said call until all of the cases have been called, except that on the third day of the term the equity appearance docket shall be called as now provided by law.

§4. Upon said call of the docket, the court shall render judgment in each case where no issue of law or fact is tendered, unless time is then given to tender such issue until the second call of the docket as provided in the next section.

$5. When said docket shall have been called over as provided above, it shall be the duty of the court to call the cases left open with issues of law or fact therein, and to set such cases on or after the ninth day as he may deem most advisable. On the second call the court may, in his discretion, give time for the completion of the pleadings.

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6. In setting cases for trial, as provided in the fifth section, the court shall ascertain whether a jury trial will be demanded; and unless a jury trial be then demanded by one of the parties, and the demand noted of record, the right to a jury trial shall be deemed waived; and in setting cases for trial, the court shall so assign them that the cases shall be, as far as practicable, set together, that they may be tried consecutively.

7. The said clerk shall place cases that have been continued from the preceding term not sooner than the ninth day of the term, setting as many for each day as he may deem best, but so setting them that, as far as possible, those cases in which juries are demanded shall come together.

8. By the sixth day of each term, it shall be the duty of the clerk to make a docket of all the ordinary cases as they have been set One such docket shall be posted at an accessible place in the court-room for public inspection, and one shall be provided by the clerk for the use of the court.

§ 9. The cases shall be called for trial in the order set, as herein provided, and may be postponed to another day of the term, or continued as by existing laws.

10. The jury shall be summoned to appear on the day when the first jury issue is set.

§ 11. The laws now in force respecting compulsory process

to secure the attendance of witnesses are continued.

§ 12. All laws in conflict herewith are hereby repealed.
§ 13. This act shall take effect from its passage.

Approved January 27, 1880.

CHAPTER 77.

AN ACT to authorize the Fayette county court to issue the bonds of said county for the purpose of providing for the payment of the coupons on the outstanding bonds of said county, and the redemption and cancelment of said bonds, and also to provide for the payment of the coupons and the redemption of the bonds to be issued under this act.

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

§ 1. That the Fayette county court, at its court of claims, Court of claims a majority of the justices being present and concurring therein, may cause bonds of said county, not to exceed in the ag

may issue bonds.

gregate the sum of two hundred and forty thousand dollars, each of the denomination of not less than five hundred dol- Amount limited. lars and not more than one thousand dollars, to be executed in printed form, under the seal of the Fayette county court, signed by the presiding judge thereof, and countersigned by the clerk of said court, payable at such times or installments and at such places as said court may elect. and payable to bearer, with interest from date at a rate not exceeding six per cent. per annum, payable annually or semi-annually, as the court shall determine, with interest coupons thereto attached ; the interest coupons to be signed by the clerk of said court. The said bonds shall be registered and numbered on the books of the clerk of said court before the issuing and sale thereof.

$2. That the proceeds of the sale of the bonds hereby authorized to be issued shall be used for the sole purpose of paying off and redeeming the present outstanding bonds of Fayette county.

p.se.

§3. That the said county court shall have full power and For what purauthority to negotiate the sale of the bonds herein provided for, and shall use the proceeds of such sale for the sole purpose of the redemption and cancellation of the outstanding bonds of Fayette county; and may appoint an agent or agents to carry out the purposes of this act, and make suitable compensation for the same.

§ 4. That the said court of claims of Fayette county is hereby May levy tax. ⚫ authorized to levy a tax, not to exceed twenty-six cents on the

hundred dollars on the taxable property of the said county liable to State revenue, which taxes so levied and collected shall be applied to the payment of the coupons which may remain of the outstanding bonds, and then to the said bonds themselves till the same are redeemed, and then to the interest and the principal of the bonds so issued under this act.

collector.

give bond.

§ 5. That the said Fayette county court at said court of Shall appoint a claims shall annually appoint a collector to collect the tax to be levied under this act, and pay over the same as may be ordered by the court. The said collector, before he enters Collector shall upon his duties under this act, shall enter into bond, with good security to the Commonwealth of Kentucky, for the use of Fayette county, to be approved of by the court, for the faithful discharge of his duties under this act. Should the sheriff of Fayette county be appointed collector, he, and his securi

Sheriff may be appointed.

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