1863.

CHAPTER 784.

AN ACT for the benefit of N. P. Saunders.

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

§ 1. That N. P. Saunders, late police judge of Shepherdsville, shall have two years from the passage of this act to collect his fee bills, with the right to distrain for the same. §2. This act to take effect from its passage.

Approved February 4, 1863.

CHAPTER 785.

AN ACT to authorize the county court of Union county to increase the county levy of said county.

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

§ 1. That the county court of the county of Union be and it is hereby authorized to increase the county levy of said county to any sum not exceeding two dollars on each tithable therein.

2. This act shall be in force for three years from its pas sage.

Approved February 4, 1863.

Penalty added carried forward and added to

to tax bill, and

tax list annually.

CHAPTER 786.

AN ACT to amend the charter and laws of the city of Newport, in

Campbell county.

Resolved by the General Assembly of the Commonwealth of Kentucky:

§1. That, as a further remedy to those now allowed by law for enforcing the lien of the city, on real estate for the delinquent taxes which have been or may be hereafter levied thereon, and for the penalty and costs under the authority of the city of Newport, there shall be added to the amount of each tax bill twenty per cent. penalty for the first return of delinquency; and the amount of the tax bill, penalty, and costs may be carried forward and added to the next annual tax bill on the same property, and shall constitute one of the items in the same, and so on, from year to year, there being twenty per cent. penalty added to the amount of the bill for each year, the same Lien on proper shall be returned delinquent. And a lein in favor of the city shall attach to, exist, and continue upon, the property for all the taxes, penalties, and costs, until the same is fully paid; and the city may, at any time when it shall deem

ty for taxes, penalties, &c.

the amount of taxes, penalties, and costs sufficient to justify it, proceed to enforce the lien on the property, by suit in equity in the circuit court of the county, under the general laws of the State, as other liens are enforced and with like effect.

§ 2. The owners of all property in the city shall be deerned to have notice of the fact that the same is subject to general and special taxation by the city; and the same shall be held subject to the taxes assessed thereon, and the penalties, and costs, until the same shall be fully paid and satisfied. And when any assessor of the city shall return any real estate for taxation, that the owner thereof is unknown, the suit of the city may be against the property and the unknown owner thereof, who may be proceeded against as non-residepts are; but in such case, and in the cases against non-resident delinquents to enforce the lien of the city as aforesaid, the city shall not be required to execute any bond before judgment as required by section of the Civil Code of Practice; nor shall the city be required to execute any bond for costs in cases for the enforcement of her tax lien as herein mentioned.

§3. In all suits by the city, to enforce tax liens under this act, the certified copies of the delinquent bills showing the taxes, penalties, and costs claimed, shall be deemed prima facie evidence of the correctness of the claims asserted. The original delinquent bills returned shall remain in the clerk's office of the city, as part of its records; and the city clerk shall furnish the city with certified copies thereof.

§ 4. The city has power to provide, by ordinance, for paving or repairing the pavements, from time to time, of any part of any side-walk, or for repairing, from time to time, any part of the metal on any part of any street, alley, cominon, or space, or for cleaning the same, or clearing out obstructions therefrom. And if the city shall do the work, the expense and costs thereof, as audited and fixed by the city council, shall be charged up to and apportioned equally upon the front foot of the lots fronting such work on the side of the street, alley, space, or coinmon where the same shall be done, and shall constitute a special tax debt against the property and owners of such lots, or parts of lots, and a lien shall exist in favor of the city upon such lots or parts of lots for the payment thereof, with all penalties, costs, and expenses incident thereto.

5. The city has power, by ordinance, for requiring per. sons to drain or fill up any ponds upon their property which the council shall, on proper consideration, is a nuisance; and upon default of such owner to proceed to abate such nuisance, when it has been so declared by the city council, or shall create or have any other nuisance upon private property, he or she shall be liable to prosecu

1863.

All property in general & spec'l city subject to

taxation.

Certified copies bills evidence.

of delinquent

City has power improv'g str'ts. alleys, &c, and

to provide for

how paid for.

May have ponds up, and abate nuisances.

drained or alled

1863.

When bills to be made out and

placed in hands of treasurer, and bills returned,

when delinquent

&c.

No. of lots, &c..

linquent to ba enter'd by el'k.

tion under the ordinances of the city; and the city may fill up, drain, or otherwise abate the same, and the expense and costs thereof, as audited and fixed by the city council, shall be charged up to such property and the owner thereof'; and a lien in favor of the city shall exist on such property for the same, and all penalties and costs incident thereto.

§ 6. Within reasonable time after the said expense and costs shall be audited and fixed. as provided in the two last sections, bills for the same shall be made out by the city clerk and placed in the hands of the city treasurer for collection; and if not paid in thirty days after the bills come to his hands, he shall return the delinquent bills as such to the clerk's office of the city, and the clerk shall add twenty per cent. penalty thereto. And the amount of each delinquent bill may be carried forward and added as an item to the next annual tax bill against the same property, and so ou, from year to year, an additional twenty per cent. shall be made and the amount carried forward until paid, or the city shall enforce her lien. And the same remedy may be had by the city for enforcing the special taxes, penalties, and costs mentioned in this act as is provided herein for enforcing the payment of the annual city tax; and the same proceeding may be had on all bills for special taxes for making or improving any part of any street, alley, space, or common, where such bills shall be returned delinquent, and the same penalties and costs may be added, and the amount carried forward in the same way, and enforced by suit as in this act provided.

§ 7. The number of each lot or part thereof returned returned as de delinquent for any general or special tax, and the name of the owner, if known, and the amount of the tax, penalty, and costs, and date of the bill, and of its return as delin quents, and such other matters relating to the tax as shall be required by the city council, shall be regularly and systematically entered by the city clerk, in proper record books to be kept in his office for that purpose; and certified copies of such entries shall be deemed evidence of the facts shown in such copies. The clerk shall keep a proper index to such records.

May pass ordi

pances to pro

&c.

§ 8. The city council has full power to pass all ordinan ces deemed nessary, for the government and protection of tect city propty, the public property of the city, including all cemeteries or other property within or without the city limits, and to affix fines and penalties to a violation thereof, not exceed· ing one hundred dollars, which may be enforced in the mayor's court of said city. And for a violation of the or dinances of said city, arrests may be made by the marshal or his deputies, or any watchman within said city, and by any peace officer outside of the city and within this State.

1863.

May appoint

measurer.

and

Fees of mayor

and marshal.

§ 9. The city council may appoint a weigher and measurer for theity, and a supervisor of weights and measures, and prescribe his or their duties, and fix his or their fees; wegher and may by ordinance, regulate the subject, not inconsistent with the standard weights and measures of this State, and may enforce such regulations by adequate penalties. § 10. The fees of the mayor of said city shall be the same as the fees of justices of the peace and county court and quarterly court judges for like services, and for his services, and those of the city marshal, under the ordinances and by-laws of the city, the fees shall be such as shall be fixed and regulated by the city council, and a docket fee of not to exceed one dollar shall be taxed up as costs in favor of the city, in all penal cases had in the mayor's or any justices court in said city, which fees may, by ordinance, be appropriated to the city attorney as part compensation for his services as prosecutor and solicitor; but in no such case shall a docket fee be taxed against the city. And the mayor may, by an entry on his docket, appoint some suitable person to act as clerk of his court, and may revoke such appointment when he shall deem it proper to do so, and may appoint another. Any person, so appointed, shall have power to perform all the clerk's duties pertaining to the mayor's office.

§ 11. That hereafter, in case of the sickness of the mayor so that he cannot, for the time being, perform the duties of his office, or in case of his continued absence from the city for more than two days at any one time, the mayor, or in case he shall fail to do so, the president of the city council, shall, by a written order, require some justice of the peace of the city to hold the mayor's court during such absence or inability of the mayor, and until he shall resume the duties of his office; said written order shall be noted of record in the mayor's office, and such justice shall have all the powers of the mayor while acting in such capacity.

Docket fee to be of city.

taxed for benefit

Mayor may ape point clerk of

his court.

Justice of peace of mayor.

to act in absence

How appeals to

be taken & fines to be for benefit

of com.schools.

12. That hereafter all appeals taken from the mayor's court, or any justices court in said city, to the quarterly or circuit court of Campbell county, in penal cases, shall be taken to the terms of such quarterly or circuit courts held in said city; and all fines assessed in said city, in the mayor's or justices courts, or on appeals from such court, shall be exclusively for the use of the public schools in said city. § 13. That hereafter every deed of conveyance and mortgage for real estate, in the city of Newport, or lease thereof for more than five years, to be effective as evidence, clerk of city. shall have an abstract thereof entered by the clerk of said city, in a well bound record book, to be provided by the city and kept in the clerk's office thereof for that purpose; said abstract shall contain the names of the grantors and grantees, and the date of the deed or writing, and a short description of the property conveyed, including the number

Abstract of mo trage, &c., to be entered by

1863.

Fees of clerk,

failure of duty.

of the lot, if any, and such other matters as the city council may, by ordinance, require. The clerk shall certify upon such record, and upon the deed or writing, over his signature, the true date of the entry of the abstract, and the page of the record book where entered. At the time of the entering the abstract the names of the grantors and of the grantees shall be entered in a cross-index, to be kept to each record book.

14. The clerk's fee shall be twenty-five cents for his and penalty for services in each case mentioned in the last section above, if the said city clerk shall wilfully fail to perform any of the duties enjoined upon him by this act, he shall be liable to a fine of not less than five nor more than twenty dollars for each offense, recoverable in the name of the Commonwealth, for the use of said city, in any court having jurisdiction,

15. In all elections under the charter and laws of the Voe to be by city, the vote shall be given by ballot, and the ballot boxes shall be provided by the city council.

ballot.

Writs of execution may be enforced.

increased.

§ 16. Upon judgments for fines rendered in the mayor's court, or any justices court in said city, writs of execution, as provided in the Revised Statutes, may be issued and enforced against the property or person of the defendant.

§ 17. That section eleven of the act, entitled, "“an act to Taxes may be amend the charter of the city of Newport," approved February 18th, 1860, be so amended, as that the city council shall have power to increase the taxes to a sum not exceeding one dollar per annum on the hundred dollars valuation of assessed taxable property in said city of Newport, choses in action, etc., taxed according to its value.

made.

§ 18. If in making a fill, in the grading of any part of Ch'verts may be any street, alley, or space, it shall be deemed necessary to make a culvert in such fill to carry off the water, the city may add the expense of such culvert to the costs of the improvement, to be distributed and charged as a special tax upon the front of the lo s, under existing laws.

19. This act shall not be deemed to repeal any portion of the charter or laws of the city of Newport, except where the same are inconsistent herewith.

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

Approved February 4, 1863.