1852. Powers of the son county may, and it is hereby made lawful for said court, by the county judge thereof, to subscribe for stock in the Louisville and Nashville railroad company, or any county judge. railroad that may be located in said county, running through the town of Franklin, or near thereto. § 2. That before said county court shall be permitted to subscribe for stock, in the name of said county, it shall be the duty of said court to take the vote of said county, by advertising an election to be held by the sheriff of said. county, at the different voting places for holding county and state elections in said county, giving at least sixty days notice thereof, to be posted up by the sheriff at every place of voting in said county; said notices shall state the amount of stock which the court may propose to take or subscribe for; and if a majority of all the qualified voters of said county shall be in favor of said subscription, then the county judge of said county court may, and it is hereby made his duty to make the necessary arrangements to carry into effect the will of the majority of said voters in said election; but if a majority of all the qualified voters of said county do not vote for the subscription, then the question as to the propriety of subscribing for stock, as provided for, shall not be again proposed by the court until after the expiration of three months, and it may then be re-submitted at the option of the court. § 3. That should said subscription of stock be authorized, as herein before provided for, then the said county court is hereby authorized and required, from time to time, to levy and collect a special tax upon all property in said county taxable by the revenue laws of this state, for the purpose of paying for stock so taken and subscribed in said Louisville and Nashville railroad company, or such other company as may locate or run a railroad through the county of Simpson, and through or near Franklin, according to the provisions of this act: Provided, however, that said tax shall not be for a greater amount than one-half of one per cent. in any one year. § 4. That the money herein provided to be raised shall be expended wholly within the county of Simpson. 5. That the tax specified in the third section of this act, shall be assessed and collected by the county authorities of said county, in the same manner as county and state taxes are assessed and collected; the powers for assessment and collection that are vested in the county authorities for the assessment and collection of county and state taxes, shall be held and taken to extend to the assessment of this species of tax; and the bonds taken of the sheriff of said county, for the security of the collection and payment of county and state taxes, and to provide against the sheriff in the collection of the revenue and county levy, shall be deemed to embrace this special tax; and, for fur Conditions of subscription. Duty of county court. 1852. ther security, the said county court may require the sheriff to give additional or enlarged bonds, to cover this special railroad tax. § 6. That the tax collected under this act shall be paid Payment of tax directly to the treasurer of the Louisville and Nashville railroad, or the treasurer of such other railroad as may be lo'cated in said county, as required in a foregoing chapter, whose receipts for such amount shall be a good voucher to the collecting officer in his settlement with the county court, after deducting four per cent. for the fees and cost of collecting. Defaulting tax payers and defaulting collectors of said tax shall be proceeded against in the same manner as such defaulters are proceeded against for default in regard to state and county taxes. benefit. 7. That the stock subscribed, as provided for in the For whose foregoing sections of this act, shall enure to, and be for the use and benefit of the several tax payers of said county; and, in order to more fully carry out this intention, the Duty of sheriff. sheriff of Simpson county shall record in a well bound book the names of all the tax payers, under the provisions of this act, with the amount of the respective payments, the dates thereof, and the numbers of the certificate hereinafter provided to be given by him to each tax payer; said book shall be preserved in the office of the clerk of the Simpson county court, and it shall be his duty, annually, to furnish a copy of the entries in said book to the Louisville and Nashville railroad company, or such other company as may run through said county of Simpson; and whenever any tax payer or payers shall pay the amount of tax assessed upon him, her, or them, to the proper officer, under the provisions of this act, he, she, or they shall receive from such officer a printed certificate, stating the amount so paid, with the date thereof, signed and numbered by said officer; and the holder of said certificate shall Certificates be authorized to sell and transfer the same by assignment; and whenever any person or persons or corporations shall hold certificates, either as tax payers or as assignees of tax payers, amounting to a share, he, she, or they shall be entitled to a certificate from the authorized agent or agents of said railroad company, for one share of stock in said company, and so for every share in amount which he, she, or they may hold as aforesaid. transferable. Approved January 3, 1852. CHAPTER 296. AN ACT to amend an act, entitled, an act to establish the town of Brooklyn, in Campbell county, approved February 27, 1849. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That on the first Monday in March, 1852. Election of Inspectors of election. hereafter, in each and every year, the free white male in- Who trustees. Duties, &c., o 1 §2. That the trustees, so elected as aforesaid, shall enter upon the duties of their offices on the Thursday succeeding trustees. the first Monday in March, in the year in which they are elected; but before they enter upon the duties of their office, they shall be sworn to support the constitution of the United States and of this state, and that they will well and truly discharge the duties of trustees of said town, which oath may be administered by any judge or justice of the peace for Campbell county, and an entry shall be made on the journal or records of the said board of president and trustees, by the clerk of the board, that said oath has been duly administered. 3. That the trustees, thus elected and qualified, shall form and constitute the board of president and trustees of the town of Brooklyn, and they shall sit and act together Board of trustees. 1852. President. duties. as one body; the said trustees shall elect, at their first meeting after their said election, one of their own body as president, who shall preside over the deliberations of said board during their terms of office; and in case of said president's absence at any meeting of said board, the trustees present shall elect a president pro tem. The said board of president and trustees shall also, at their first Clerk and his regular meeting, elect a clerk, who shall be sworn to the faithful discharge of the duties of his office, which he shall hold for one year and until another shall succeed him, removable, however, at the pleasure of the board of president and trustees; and he shall be denominated the clerk of the town. It shall be the duty of said clerk to keep a journal or record of the proceedings of said board of president and trustees; he shall sign all orders by them issued, and all by-laws and ordinances by them passed, and do all other acts that may be reasonably required of him; he shall deliver over all books and papers entrusted to him to his successor in office, immediately on his successor's being elected and qualified, or whenever he shall be thereunto required by the said board; said clerk shall be allowed such salary or fees for his services, and no more, as the said board of president and trustees shall, from time to time, fix or allow. In all meetings of said board, two trustees with the president, or, in his absence, three trustees, shall form a quorum to do business; but in levying the taxes, or in the election of any officer of the town, or in passing any by-law or ordinance, four trustees shall be present, three of whom shall concur: Provided, however, that the quorum shall have the power to compel the attendance of absent members, under such rules as may be prescribed by an order of said board. The said board shall meet at such time and place as they may appoint in said town, but their acts and deliberations shall be public; and the records of said board of president and trustees shall be public records, and, when duly copied and certified by the clerk of said town, shall be read as evidence in any suit or proceeding at law or equity, in any of the courts of this commonwealth. Compensation of officers. Quorum, officers. § 4. That the said board of president and trustees shall Powers of have and possess all the rights, powers, and authority heretofore vested in the trustees of the town of Brooklyn, by either the general laws of this state or the special laws now in force in respect to said town, except so far as the same may be altered by this act; and they shall have full power and authority to pass such by-laws and ordinances for the government of said town, with adequate penalties thereto, as they shall from time to time deem expedient, not contrary to the constitution or laws of this state or of the United States; which said penalties or fines, for the breach or violation of any of said by-laws or ordinances, may be enforced and collected, before any justice of the peace of Campbell county, in the same manner that fines and penalties are now enforced and collected before justices of the peace, under the laws of this commonwealth, except that all warrants or other process issued by any justice of the peace of said county, under or by authority of any of said by-laws or ordinances, shall run in the name of the town of Brooklyn, and be directed to any constable of Campbell county; and the constable to whom the same may be delivered shall proceed to execute said warrant or other process, in the same manner as though it had been issued under and by the authority of the penal laws of this commonwealth, with like penalties for a failure or refusal to execute and return the same; and said fines or penalties, when collected as aforesaid, shall be paid to the treasurer of said town, and shall be appropriated by the said board of president and trustees for the benefit and maintenance of the common schools that are or may hereafter be established in said town. 1852. Tax. Assessor of tax. Oath of assessor. § 5. That said board of president and trustees shall also have power and authority to levy and collect taxes on all real estate in said town, which shall be uniform; but said tax shall not exceed forty cents, annually, on each one hundred dollars worth of said real estate valued or assessed: Provided, that they shall only tax such real estate as is now subject to taxation by the revenue laws of this state. They shall have power to levy and collect a tax upon dogs in said town; and it shall be the duty of said board of president and trustees, within two weeks after their election, to appoint some suitable person, who shall be an owner of real estate in said town, and a resident thereof at the time of his appointment, as assessor; which assessor, being so appointed, shall take the following oath before a judge or justice of the peace for said county, to-wit: I, A. B., do solemnly swear or affirm, (as the case may be,) that I will fairly and impartially assess the valuation of all the real estate subject to taxation within the town of Brooklyn, coming within my knowledge, according to the best of my skill and ability; and thereupon it shall be the duty of said assessor to proceed immediately to assess and value all the real estate in said town subject to taxation, making out a fair list thereof, in which he shall specify the names of the owner or owners, if known, and if not known, so state or list the same, together with the number of the lots, and value of the same; and said assessor shall, at the same time, list the names of all persons subject to pay a poll tax to said town, the correctness of which list shall be certified by said assessor, and delivered to the board of president rectness. and trustees within twenty days after his qualification as assessor; who shall be allowed by the said board what they may deem a fair compensation for his services. To certify cor. |