1851. § 12. The marshal shall perform the same duties to the Duties of mar police court, and receive the same pay that the sheriff is required to perform toward the circuit court, and permitted to receive for similar services. shal. 13. The market master shall be the general supervisor Duties of mar of the markets and market house, under such rules and regulations, and with such compensation as may be ordered and assigned him by the board of trustees. ket master. §14. The surveyor shall have the same duties, and, for Duties of sur. his services, receive the same fees, to the extent of the corporation limits of said town, as are imposed on and assigned the county surveyor for the county of Henry. veyor. the trustees. § 15. The board of trustees shall hold regular meetings Meetings of on the first Saturdays in January, May, and September; they shall, at their first meeting, elect one of their number president of the board, whose duty it shall be to preside over their deliberations, and, whenever he thinks necessary, summon them together in extraordinary meeting, for the transaction of any business concerning the interests of said town. § 16. The board of trustees shall have further power to May lovy taxes. levy a capitation tax, for the use of said town, on all the residents therein, of any sum not exceeding one dollar on each white male over twenty-one years, and fifty cents on each negro tithe over sixteen years of age; they shall also have power to levy a corporation tax on any tavern, hotel, coffee-house, or place of retailing spirituous liquors within their corporate limits, of any sum not exceeding twenty-five dollars; which town tax such establishment shall be required to pay, and take the receipt of the town clerk therefor, before any such tavern, hotel, coffee-house, &c., shall be deemed licensed to retail spirituous liquors; and any person proceeding to sell or vend spirituous liquors at retail, without first having paid such corporation tax, may be arraigned, on information, before the police judge, jury impanneled, and, upon conviction thereof, may be fined, and shall forfeit and pay to the use of the said town a sum of not less than twenty-five nor more than fifty dollars for every such offense. The board of trustees shall also have power to levy a corporation tax upon any ten pin alley erected or kept within said town, or, for failure to pay such tax before erecting or opening such alley, the proprietor or keeper thereof shall be subject to like fine, under a similar proceeding to that provided for the vender of spirituous liquors by retail. to be collected. § 18. That all fines and forfeitures, and all the taxes How taxes, &c. herein affixed and provided for, shall vest in the board of trustees of New Castle, and be collectable by the marshal, by levy or distress, in their name; and the same shall be appropriated exclusively to the use and benefit of said town, in such manner as the board of trustees may direct, except that no portion thereof shall be paid for making or improving the sidewalks on the streets of said town; but the board of trustees shall have power, by ordinance, to compel the owners of property to make and repair a decent sidewalk adjoining their said lot on any street of said town; and upon failure or refusal of any person owning or holding a lot in said town, to comply with such ordinance, the board of trustees may order him to be summoned before the police judge; and if he fail to appear, or, upon such appearance, give no sufficient reason for such failure or refusal, the police judge shall have power, and it shall be his duty to decree the letting of said improvement, by the marshal, to the lowest bidder, and, unless the owner or holder of such adjacent lot pay and discharge the cost thereof, that the said marshal shall proceed to sell, at public outcry, first giving ten days' public notice after the completion of such sidewalk improvement, so much of the said lot adjacent as will pay the contract for such improvement, and the costs and expenses attached to the proceedings thereon. 19. Any sale of a lot, or part of a lot, made in pursuance of the next preceding section of this act, shall be liable to redemption within one year thereafter, by the owner or holder paying the full amount of such sale, with interest thereon at the rate of ten per cent. per annum; and if not so redeemed within one year, the sale shall be lawful and valid, and the title of the purchaser thereof be undisputable: Provided, that an offer of payment, in money, to the town marshal or treasurer, within the year' above specified, shall be termed a tender to redeem. § 20. All appeals or writs of error from the police court shall be had directly to the circuit court of Henry county, under the same rules and regulations as now had from justices of the peace. § 21. All elections, clauses, or provisions in any former charter or charters of the town of New Castle, or in other acts or statutes of this commonweallth, contrary to the provisions herein enacted, shall be and the same are hereby repealed; and this act shall go into full and entire effect from and after the first Saturday in May next. Approved March 20, 1851. 1851. Lots sold may be redeemed. Appeals. CHAPTER 494. AN ACT to amend the charter of the Lexington Insurance Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Lexington fire, life, and marine insurance company, by their president and directors, for the time being, shall have power to establish agencies in the state of Missouri, or in any of the states and territories of 1851. the United States, for doing such business as said company CHAPTER 495. AN ACT to authorize the Montgomery County Court to levy a tax for rebuilding the Court House of said County. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Montgomery county court be authorized to levy a capitation or ad valorem tax, or, if preferred, both together, on all persons or property in said county subject to taxation for state or county purposes under existing laws, not to exceed, in any one year, more than fifteen cents on the one hundred dollars, or more than one dollar and fifty cents on the head, for the purpose of re-building the court house of said county: Provided, there shall not be raised by taxation, for said purpose, exceeding the sum of fifteen thousand dollars. § 2. The sheriff of said county may collect said tax, under the same rules, regulations, and penalties as now prescribed by law, and pay it over as the county levy is now paid. For his services he shall receive three per cent. on all moneys collected. And if the sheriff refuses to collect said tax, the said court shall have authority to employ some other person to perform that service, who, before entering upon his duties, shall execute bond in such penalty as the court may direct, and take an oath before some justice of the peace, faithfully to discharge the duties of his office; and he shall be governed by the laws now in force in relation to the collection of the revenue. § 3. Said court are empowered to let out the re-building of said house to such persons, and on such terms as they, in their discretion, may think best; and they are hereby invested with all the corporate powers to carry out the spirit and intention of this act. Approved March 20, 1851. CHAPTER 496. AN ACT to incorporate the Springdale and Tollsburg Turnpike Road §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a company is hereby formed, un der the name and style of the Springdale and Tollsburg turnpike road company, for the purpose of making a plank road from Springdale, near the mouth of Cabin creek, in the county of Mason, by or near Marshall's cross roads, to Tollsburg, in the county of Lewis. §2. That the capital stock of said company shall be five thousand dollars, divided into shares of fifty dollars each; and if it shall be ascertained that the amount of capital stock is not sufficient to complete the road, then the president and directors may enlarge it to such amount as deemed necessary, and open subscriptions therefor, in such manner as they may think proper. § 3. So soon as three thousand dollars shall be subscribed, the commissioners shall be governed by the provisions of the third, fourth, fifth, and sixth sections of an act, entitled, an act to incorporate the Springfield, Maxville, and Perryville turnpike road company, approved February 26, 1849, except so far as already provided for in this act. § 4. That Hezekiah Jenkins and Thomas Glasscock, of Mason county, and Mark Willingford and Thomas Marshall, of Lewis county, are hereby appointed commissioners to perform the duties required by this act. Approved March 20, 1851. 1851. CHAPTER 498. AN ACT authorizing an alley to be closed in the town of Portland. Whereas, it is represented by the citizens and property holders in the town of Portland, that the Cedar Grove female academy is located on square No. 94, embracing the whole of said square; and according to the original recorded maps, or plan of said town, it is shown that an alley extends east and west through said square; and that the opening of said alley would be a serious injury to the said institution; and whereas, the citizens and property holders, as aforesaid, believe that it is inexpedient, so long as the premises are occupied as a female academy, to open said alley. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the proprietor or proprietors of the Cedar Grove female academy, to occupy and keep closed the alley extending east and west through square No. 94, on which said institution is situated, in the town of Portland, so long as the same shall be used or occupied for the purpose above stated, and no longer. Approved March 20, 1851. AN ACT for the benefit of School District, No. 16, Kenton County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the school commissioners of Kenton county be authorized to pay over to the trustees of school district No. 16, of said county, any money in their hands which was drawn from the treasury for said district. Approved March 20, 1851. CHAPTER 500. AN ACT granting to the Marshal of Owenton, Owen county, the power and authority of a Constable. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the same power and authority is hereby conferred on the marshal of Owenton, in Owen county, as is now exercised by, and conferred upon constables, under the constitution and existing laws, for the said county: Provided, however, that before the marshal shall exercise the power and authority hereby conferred, he shall take the oaths prescribed by the constitution, to be taken by a constable, before a justice of the peace for the said county, and execute, before the trustees of said town, bond with good security, to be approved of by them, in the penalty now prescribed for, and with the conditions annexed to constables' bonds. § 2. That for a breach of said bond, suit may be instituted on a copy thereof, to be made out by said clerk, by any one aggrieved; and for copying it, the clerk shall be entitled to receive the fee now allowed by law to clerks for copying constables' bonds; and it shall be the duty of the said clerk carefully to file and preserve the original. Approved March 20, 1851. CHAPTER 501. AN ACT to amend an act, entitled, an act for the benefit of William Be it enacted by the General Assembly of the Commonwealth |