2. That the said George Stivers, late clerk of the county and circuit courts of Clay county, be allowed the further time of two years to collect, by distress or otherwise, the fees due him as clerk aforesaid, subject, however, to all the penalties of the laws now in force for illegal distress and collection of taxes and fee bills. § 3. That William Woodcock, clerk of the circuit and county courts of Clay county, be and he is hereby allowed the further time of two years to list and collect, by distress or otherwise, his fee bills, subject, however, to the penalties of the laws now in force for issuing and collecting illegal fee bills. Approved March 15, 1851. 1851. CHAPTER 436. AN ACT to authorize the Trustees of Winchester to reduce the width of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of Winchester, or a majority of them, be and they are hereby authorized to reduce the width of main cross street, in said town, one pole on the south side thereof; and the ground cut off by said reduction they are hereby authorized to sell and convey to the owners of the lots thereunto adjoining, if, in the opinion of said trustees, or a majority of them, it may be deemed conducive to the interest of said town; and the money arising from said said sales shall be applied in like manner as the resources of said town. Approved March 15, 1851. CHAPTER 438. AN ACT to amend an act creating the office of Police Judge and Marshal in the towns of Clinton and Moscow, in Hickman county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the acts creating the offices of police judge and marshal in the towns of Clinton and Moscow, in Hickman county, be so amended as to require that said elections for said officers shall be holden on the first Saturday in June, 1851, and, if not held on that day, shall be held on the first Saturday in July thereafter; and the said election for the town of Clinton shall be every fourth year thereafter, and for the town of Moscow every two years there, after. Approved March 15, 1851. AN ACT for the benefit of Common Schools in Anderson County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the superintendent of public instruction be and he is hereby authorized to receive the report of the common school commissioners for the county of Anderson, for districts Nos. 1, 7, 8, and 20, in said county, for the year 1850; and when said report is received, he shall issue his draft on the second auditor, in favor of said commissioners, for the sum of money said district would have been entitled to had they been repórted in time, to be distributed among said districts, according to the proportion of each, for their respective benefit. Approved March 15, 1851. lished. CHAPTER 440. AN ACT to establish the police court of Mount Carmel. § 1. Be it enacted by the General Assembly of the CommonCourt estab wealth of Kentucky, That there is hereby established, in the town of Mount Carmel, in Fleming county, a police court, the officers of which shall be a judge and marshal, to be called the judge and marshal of the police court of Mount Carmel. Police Judge and marshal to be elected. §2. The said officers shall be elected by the voters of said town, possessing the same qualifications that voters for trustees of said town have, at the same time and place that the trustees of said town are elected. The elections shall be conducted by the persons authorized to hold elections for trustees; and they shall give to the persons, thus elected, certificates thereof; and the record of the elections shall be kept by the same persons who are required to keep the election records of trustees of said town. The officers thus elected shall reside within the limits of said town, and keep their offices therein. Contested elections shall be determined in the same way that contested elections for county judges are; and in case of a tie between two or more candidates, the officers who conduct the election shall choose between those having the highest equal vote, by lot. Vacancies shall be filled in the same way that vacancies in the office of justice of the peace are. The gover nor shall, upon information, by certificate of the election, commission the judge, who shall, in the form of an affidavit take the oath required by the constitution, and also an oath of office, that he will discharge the duties of his office according to law. The affidavit may be administered and certified to by any one authorized to administer oaths, and shall be recorded in the county clerk's office. The clerk shall be authorized to charge twenty-five cents for record ing it. The said officers shall hold their offices for the term of two years, and until their successors shall be duly elected and qualified; but in no event shall they hold longer than three years from the day of their election. §3. The marshal of said court, before he enters on the duties of his office, shall execute bond in the county court of Fleming, with good surety, payable to the commonwealth, in the penalty of two thousand dollars, conditioned that he will faithfully discharge the duties of his office according to law. He shall take the oath required by the constitution, and also one that he will discharge all the duties of his office according to law. If any person shall be aggrieved by the acts of said marshal, he may institute suit on said bond. Said bond shall be kept in the county court's clerk's office, as a part of its records; and said clerk shall be allowed the same fees as he is allowed for taking bonds from, and administering oaths to constables. 1851. Duty of marshal Qualifications § 4. The judge shall possess the qualifications of a justice of the peace, and the marshal those of a constable; and of judge. for misfeasance or malfeasance in office, on the presentment or indictment of a grand jury, they may be removed from office, but subject to an appeal to the court of appeals; and shall also be liable to impeachment, and the penalties arising therefrom. Jurisdtction § 5. The police court of Mount Carmel shall have jurisdiction concurrent with justices of the peace, in all matters of police court. now cognizable before them, with the same powers, privileges, and rights, and under the same rules and restrictions; he shall also have jurisdiction of all violations of the ordinances of said town. The marshal shall exercise the same powers, and possess the same rights as a constable; they shall be severally entitled to charge and receive the same fees as justices of the peace and constables are, or may hereafter be entitled to receive for like services. § 6. Appeals shall be allowed from the decisions of said court to the circuit and county courts, under the same rules and restrictions as are allowed from those of jus tices of the peace; and when said officers go out of office, they shall hand over to their successors all of their official records and papers, and may demand a receipt for the same. § 7. If either of the officers of said court shall discharge any of the duties of his office before he is qualified, he shall be subject to a fine of not less than twenty nor more than one hundred dollars, to be recovered as other fines are. § 8. The marshal shall execute the process of said court; but in case of urgency, and when he cannot be procured, the judge may direct the same to any constable or the sher iff of said county, who shall execute them. Approved March 15, 1851. Appeals. established. AN ACT to incorporate the Board of Trustees of the town of Woodson. ville. § 1. Be it enacted by the General Assembly of the CommonBoundaries wealth of Kentucky, That the town of Woodsonville, in Hart county, as laid off and described in a plat now of record in the office of the clerk of the Hart county court, shall be known, and is hereby declared to be incorporated to the extent and limits of said town, as so laid off and described. § 2. That, hereafter, the prudential, fiscal, and municiTrustees to be Fal concerns of said town shall be vested in five trustees, who shall be elected annually on the first Saturday in April, by the free white male inhabitants thereof over the age of twenty-one years, and who shall have resided therein six months next preceding said election, and, also, by the free white male citizens of Hart county over the age of twentyone years, who may own real property in said town. Said trustees shall hold their offices for the term of one year, and until their successors shall have been elected and qualified. elected. To take oath. Corporate powers, Powers of Trustees. § 3. That said trustees, before they enter upon the du ties of their office, shall take an oath before some justice of the peace for Hart county, that they will faithfully, and without favor or affection to any one, discharge the duties of trustees of said town during their continuance in office. In case a vacancy shall occur in said board, those remaining in office shall have power to fill such vacancy. § 4. That said trustees, and their successors in office, shall be a body politic and corporate, and be known by the name and style of the board of trustees of Woodsonville; and, by that name, shall be capable, in law, of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of answering and being answered, of defending and being defended, in all courts and places; and may use a common or private seal, and do all other acts, matters, and things which a body politic and corporate, having perpetual succession, can lawfully and rightfully do. 5. That said trustees shall have power to make and receive all necessary conveyances in relation to said town; they shall have power over the streets, alleys, and sidewalks of said town, or, when the interests of said town may be thereby promoted, to close up or change alleys, or open new ones, on paying the owners such damages as may be assessed; and may direct the improvement of the same in such manner as they may deem most beneficial to the interests of said town. § 6. They shall have power over that part of the turnpike road running through said town, to alter or change the location thereof into any street or streets of said town which they may deem advisable, and may remove the same from any lot or lots over which it now runs, from whose owners the right of way has never been obtained: Provided, that in making any such change in said road, they shall grade and pave the same, and put it in as good repair as before any such alteration was made. 7. They shall have power and authority to make all necessary by-laws for the regulation and good government of said town, as are not inconsistent with the laws and constitution of this state. They shall have power to levy and collect a poll tax upon all the legal voters of said town, and to tax all groceries, auction sales, shows, and exhibitions for money, such sum as they, by their by-laws, may declare. They shall have hower to suppress all tippling houses, and to fine all those who may violate their by-laws, any sum not exceeding twenty-five dollars for each offense, which may be recovered before the police judge. They shall have power to declare what are nuisances within said town, and, by their order, may direct the same to be abated; or, by their by-laws, may impose a fine upon whosoever may have caused the same. They shall have power to provide for the security of said town, by organizing a fire company; and may punish, by fines and other penalties, those who fail to perform the duties required of them. § 8. That so much of an act, entitled, an act to reduce into one the several acts in relation to the town of Cynthiana, approved March 7, 1850, as is contained in that portion of said act from the tenth to the twenty-fourth section, inclusive, shall apply to said town of Woodsonville as fully as if here recited. 1851. AN ACT to create the office of Police Judge and Marshal in the town of Moscow, in Hickman county. and marshal established. § 1. Be it enacted by the General Assembly of the Common- Offices of judge wealth of Kentucky, That the offices of police judge and town marshal are hereby created and established in the town of Moscow, in Hickman county. § 2. That the said police judge and town marshal shall be elected by the qualified voters residing within the corporate limits of said town, in the following manner, to-wit: that two of the trustees of said town may, at any time after the second Monday in May, 1851, select a clerk, and, after having advertised in some public place at least ten days previous thereto, proceed to hold an election for said officers, to all three of whom an oath shall be administered by some justice of the peace for Hickman county, faithfully and impartially to discharge the duties of judges and clerk of said election, according to law. To be elected. |