declare what are nuisances, and remove the same; they shall have power to inflict a fine of one dollar for a failure of any member to attend a meeting of the board; they shall have power to fill all vacancies; they shall have full power to pass all by-laws and ordinances necessary to carry into effect all the powers herein granted, and executing all the provisions of this charter. § 5. That it shall be the duty of the said trustees to appoint a treasurer, clerk, and such other officers as they may deem necessary, and take from them, and the town marsnal, respectively, bonds with approved security, payable to the board of trustees of Madisonville, and their successors in office, in such penalty as said trustees may direct, conditioned for the faithful discharge of their respective duties; and for a violation on the part of either of said officers, suits may be brought and motions made before any tribunal having jurisdiction thereof, in the same manner, and under the same rules and regulations that suits are brought and motions made against other officers for failure of duty. 6. There shall also be elected by the qualified voters of said town, on the said first Saturday in April, 1851, an officer to be styled the police judge of Madisonville; before he enters upon the duties of his office, he shall take an oath before some justice of the peace, to discharge the duties of his office faithfully and impartially, to the best of his ability, without favor and affection, together with such other oaths as are required of public officers. The said police judge shall have jurisdiction, within the limits of said town, of all civil causes of which justices of the peace have jurisdiction. In all criminal cases arising in the said town, said police judge shall have the jurisdiction of a justice of the peace, and jurisdiction of all offenses arising under the ordinances and by-laws of said town; and shall have power to enter judgment, and award execution accordingly. He shall have full power and authority to grant injunctions, and other restraining orders in chancery, and writs of ne ereat, and habeas corpus, under the same rules and regulations now prescribed by the several acts authorizing certain justices of the county courts to grant injunctions, writs of ne exeat, habeas corpus, &c. He shall have power to fine and imprison for contempt: Provided, that said fine shall not exceed five dollars, nor the imprisonment eight hours; he shall have power to order the marshal to summon a jury in any case cognizable before him, where a jury would be necessary before a justice of the peace. It shall be lawful for said police judge to take depositions, and certify the same, to be read as evidence in any suit pending in this state, in the same manner as a justice of the peace; he shall be authorized to administer all oaths that may be administered by a justice of the peace; and the fees of said 1851. May appoint officers. Police judge to be elected. 1851. Who to hold election for trustees. large streets. judge shall be the same as allowed by law to justices of the peace for like services, and all collected in the same way. §7. The clerk of the Hopkins county court and the sheriff of said county shall hold the election at the court house in said town for the election of said trustees, police judge, and town marshal; and if a vacancy should occur in said offices it shall be the duty of said clerk and sheriff forthwith to notify the voters of said town hereof, and to hold an election to fill the vacancy of the unexpired term; and notice, in writing, shall be posted at the court house five days before said election, of the time and place thereof. § 8. It shall and may be lawful for said trustees to enMay open & en large any of the existing streets and alleys in said town, and, if necessary, of which they shall be the judges, to open new streets and alleys, after first obtaining from the owners of the lots or lands conveyances of the same for such streets and alleys; and if the owner or owners of said lots or lands shall refuse to make the necessary conveyances, then it shall be lawful for said trustees of said town to prefer a petition to the court for the county of Hopkins, praying that the streets proposed to be opened or enlarged in said town may be opened and extended; whereupon, it it shall be the duty of the said county court to order a summons to issue to the proprietor or proprietors of said lots or lands through which the said streets may be proposed to be opened and extended, if they be found within the county, and if not, then to his or her agent, if any they have, to show cause why the said streets shall not be so opened or extended; if upon any of such summons any proprietor or agent shall so desire, the said court shall order their clerk to issue a writ, in the nature of a writ of ad quod damnum, to be directed to the sheriff of said county, commanding him to summon and impannel twelve good and discreet freeholders of the vicinage, none of whom shall be citizens of said town, or owners of property therein, to meet upon the ground through which the proposed street or streets may be conducted, and on a certain day to be named by the court, and inserted in said writ, of which notice shall be given by the sheriff to the proprietors, or their agents, as before directed, if they were not present in court at the time of making the order; which freeholders shall be charged by the sheriff, impartially, and to the best of their skill and judment, to view the land or ground through which the said street or streets may be proposed to be conducted, and say what damage it will be to the proprietor or proprietors who desired such writ, taking into estimation as well the use of the land or pieces of ground to be occupied for said street or streets, as also the damage or injury the opening and extending may be to the property through which they may pass; and if the inquest can not be completed in one day, the sheriff shall adjourn the jurors from day to day, until the same be completed; which inquest, signed and sealed by the said jurors, together with the writ, shall be returned to the court, who, thereupon, shall direct said street or streets to be opened and extended as applied for, upon the said trustees paying, or causing to be paid the damages so found, and the cost of said inquest, in open court, to the clerk thereof; which damages and costs the court shall direct to be paid to those respectively entitled thereto; but if the jury shall be of opinion that no damages shall be awarded to the person or persons opposing the opening and extending of said streets, the costs of said inquest shall be adjudged against the person or persons so opposing. 9. The police judge shall have jurisdiction of all cases of motions and suits against the treasurer, marshal, clerk, or other officers of said town, for all sums of money or other thing which may be due from them, or either of them. § 10. That from all judgments rendered by said police judge, either party may appeal to the circuit or county court, under the same rules and regulations authorizing appeals from judgments of justices of the peace to circuit or county courts. § 11. That it shall be the duty of the marshal to serve all process and precepts to him directed from the said police judge, and make due return thereof; collect all taxes of said town, executions, and other demands which may be put into his hands to collect, and account for and pay over the same to whomsoever may be entitled thereto, under the same rules and regulations required of sheriffs in the collection of taxes, and of constables in the collection of executions or other demands; and for a failure of any of the duties required of him, he shall be subject to the same proceedings and penalties which may be had against sheriffs or constables in similar cases. The said marshal shall have the same power, and be entitled to the same fees for collecting the town tax that sheriffs have for collecting the county levy and revenue tax, and in all other cases the same fees allowed constables for similar services: Provided, said judge shall have power and authority to direct his process to be executed by any constable or the sheriff of Hopkins county. Said marshal shall be invested with all power and authority which is given constables, in all cases cognizable before said police judge, and within the limits of said town; he shall have power, if need be, to summon the aid of the town in executing any process to him directed; and any person or persons failing to aid said marshal, when so summoned, may be fined or imprisoned by said police judge, the fine not to exceed five dollars nor the imprisonment eight hours. 1851. Appeals. Powers & du ties of marshal, 1851. to be appointed. 12. That all the fines and forfeitures for a violation of said ordinauces or by-laws of said town, in all cases before said police judge, shall be collected and paid to the treasurer of said board of trustees, for the use and benefit of said town; and all moneys collected by a judgment of a justice of the peace, for violation of any of the ordinances or by-laws of said town, committed within the limits of said town, shall in like manner be paid over to the said treasurer. § 13. That no money shall be drawn from the treasury, except by order of the chairman, in pursuance of allowan ces made by said board of trustees. §14. That the trustees shall annually appoint one town assessor, who shall take a list of all the taxable inhabitants Town assessor and owners of property in said town, and affix against each, separately, the amount of his, her, or their whole estate within said town, subject to taxation under the laws of this commonwealth, which lists shall be taken in the same manner that revenue lists are now, or may hereafter be taken. § 15. That it shall be the duty of the clerk of the board of trustees to make out and deliver to the collector a fair copy of the assessor's books, with the amount of tax to be paid by each individual, and take his receipt therefor, and the trustees shall, by their warrant, authorize and direct the collector to colleet the same; and shall make the said clerk and assessor such compensation as they may deem proper. § 16. That the trustees shall have power to repair and keep in order the public well and spring of said town, at the common expense. § 17. The trustees shall cause all by-laws and ordinances passed by them, from time to time, to be recorded in the journal of their proceedings, and post up a copy of the same at the dnor of the court house of said town.. § 18. The said trustees shall have full power and au thority to open any street or alley which may be, or shall hereafter be closed, if, in the opinion of said trustees, the opening of said alley or street, so closed, will add to the benefit and convenience of the citizens of said town. § 19. That for any tax to be levied under this law upon the real property in said town, there shall exist a lien on the same, in favor of the trustees, for said tax, until the same be paid. § 20. That in all meetings of the trustees, three shall constitute a quorum to do business. § 21. That, hereafter, no person shall hold the office of trustee in said town, unless he shall have resided therein twelve months. § 22. That it shall be the duty of the treasurer and clerk to keep a record of the proceedings which properly belong to their respective offices; and it shall be the duty of the treasurer to render an account to the trustees of all money received and paid out by him, whenever by them required so to do. 1851. Approved March 20, 1851. CHAPTER 487. AN ACT to give to the Carroll and Gallatin county courts, control of the state roads in said counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county courts of Gallatin and Carroll counties shall hereafter have full jurisdiction and power over any and all state roads running through said councounties, to alter or change said road or roads, under such regulations and restrictions as govern and control said courts in altering and amending other public roads through said counties. Approved March 20, 1851. CHAPTER 488. AN ACT to incorporate the Georgetown and Louisville Branch Railroad Company. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James F. Robinson, John T. Pratt, John F. Payne, P. L. Mitchell, Charles Nickolls, Henry R. French, B. C. Glass, J. E. Farnam, and James F. Beatty be and they are hereby appointed commissioners, under the direction of any three or more of whom subscriptions may be received to the capital stock of the Georgetown and Louisville branch railroad company, hereby incorporated; and they, or any three of them, may cause books to be opened at such times and places as they may direct, for the purpose of receiving subscriptions to the capital stock of said company, from all persons, companies, and corporations who will subscribe thereto, in conformity with the provisions of this act, after giving due notice of the time and places of opening said books, which may be kept open as long as deemed proper. §2. The capital stock of said company shall be seventy thousand dollars, to be increased, if necessary to complete or finish the road, with lands, depots, sites, machinery, cars, or other necessary appendages or equipments to make or carry on the business of said company, said stock to be divided into shares of one hundred dollars each, and shall be considered personal property. §3. As soon as ten thousand dollars shall have been subscribed to said capital stock, the said commissioners shall advertise an election for a president and five directors to |