1851. county, and through or near the town of Franklin And, provided further, that in said county of Simpson it shall require a majority of all the qualified voters to impose said tax, which shall not continue for a longer period than ten years; and it shall be the duty of the several sheriffs to put up at least two written notices, at each election precinct in said county, of the proposed amount of railroad tax to be levied, and for what period of time to be levied. Approved March 22, 1851. to be elected. CHAPTER 613. AN ACT concerning the Police Judge of the town of Hartford, in Ohio county. § 1. Be it enacted by the General Assembly of the CommonPolice judge wealth of Kentucky, That the police judge of the town of Hartford, in the county of Ohio, shall be elected by the qualified voters within the limits of said town, on the Saturday preceding the second Monday in May, 1851, and on the third Saturday in July in every fourth year thereafter; and he shall be commissioned by the governor, and hold his office for the term of four years, and until his successor shall have qualified. of trustees. § 2. The board of trustees of said town shall appoint Powers & duties two suitable persons as judges, and one suitable person as clerk, to hold said election; and the persons so appointed shall hold said election at the court house in Hartford, at the times specified in the preceding section, and shall, in all respects, be governed by the laws regulating elections for county officers in the county of Ohio; and they shall deliver the poll books, duly certified over their signatures, to the clerk of the county court of Ohio county, within five days after said election shall have been held, and the same shall be filed in his office; and immediately after said poll book shall have been deposited in his office, the said clerk shall deliver to the person receiving the greatest number of votes a certificate of his election, and shall transmit a duplicate thereof to the secretary of state. The judges and clerk, so appointed, shall severally receive from the treasury of said town one dollar for holding said election. how filled. §3. If any two candidates shall receive the greatest and equal number of votes, the judges and clerk shall decide the election by voting a second time, thereby giving a majority to one of such candidates receiving an equal Vacancies, number of votes; and if, at any time, a vacancy occur in said office more than one year before the expiration of the term, the board of trustees shall direct a special election to fill said vacancy, on such day as they may designate, and the election shall be conducted in all respects as if it were a regular election; but said trustees shall cause the said special election to be advertised at the court house door in Hartford, ten days previously; if the unexpired term be one year or less, the vacancy shall be filled by the board of trustees; and the order appointing a person to fill the vacancy shall be certified to the secretary of state, and thereupon the governor shall issue a commission to the person so appointed, § 4. The said police judge may direct his process to the said officers to whom like process of justices of the peace is, by law, directed; and the officers receiving it shall be governed by the same rules and laws, in the execution thereof, as if issued by a justice of the peace of Ohio county, and shall act under the same responsibilities, and be liable to the same proceedings for any failure or neglect of official duties, as if the process had issued from a justice of the peace of said county. Approved March 22, 1851. 1851. CHAPTER 619. AN ACT to amend an act, entitled, "an act to incorporate the town of Trustees may § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all licenses to tavern keepers, grant licenses. groceries, retailers, druggists, and apothecaries, &c., for the sale of spirituous liquors, in the town of Shelbyville, or within one mile of the limits thereof, shall only be granted at the discretion of the board of trustees of said town; and it shall not be lawful for any person or persons to sell spirituous liquors, in quantities less than a quart, within the limits of the town of Shelbyville, or within one mile thereof, until such person or persons shall have applied to and obtained from the board of trustees of said town a license so to do; nor shall any person or persons within the limits of said town, or within one mile thereof, sell spirituous liquors in quantities of a quart or over, until such person or persons shall have applied to and obtained from said board of trustees a license so to do; nor shall such license be granted to sell in quantities less than one quart, until the person or persons applying for the same shall have paid to the clerk of said board the sum of ten dollars, which shall be accounted for and paid into the public treasury of this state, as is now provided by the act to which this is an amendment, and not less than thirty dollars nor more than one hundred dollars, which shall be paid to the treasurer of said board for the use of the town; nor shall a license be granted to any person to sell in quantities of a quart or over, until the person applying for the same shall have paid to the clerk of said board the sum of twen ty-five dollars, five dollars of which shall be accounted for and paid into the public treasury of this state, and the re 1851. obtain license. mainder shall be paid to the treasurer of said board, for the use of the town. §2. That it shall not be lawful for any druggist or Druggists to apothecary to sell spirituous liquors within the limits of said town, until such druggist or apothecary shall apply to the board of trustees of said town, and obtain a license so to do, and shall, also, take an oath, to be administered by the clerk of said board, that he or they will not sell spirituous liquors under said license, except for medical purposes; nor shall such license be granted until the person or persons applying for the same shall have paid to the clerk of said board the sum of ten dollars, one half of which shall be accounted for and paid into the public treasury of the state, as other moneys are directed to be paid, by said board, into the public treasury, and the balance to the treasurer of said board, for the benefit of said town. § 3. Shat in granting the licenses provided for in this act, the said board of trustees shall be governed by the laws now in force in relation to the granting of license for the sale of spirituous liquors, so far as the same are not repealed or modified by this act. § 4. That said board of trustees shall cause a copy of their annual statement of the receipts and disbursements of moneys to be published in some newspaper published in said town, which publication shall be made immediately after their annual settlement with their treasurer. Approved March 24, 1851. CHAPTER 620. AN ACT to authorize the Trustees of the town of Versailles and the County Court of Woodford County to give power to a company to estab lish Water Works in said town. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the board of trustees of the town of Versailles, and the county court of Woodford county shall have power to authorize any individual or company, to erect water works in the town of Versailles, on such terms and conditions as they may prescribe, conducting the wa ter from the big spring, in said town, to the various parts thereof, through pipes or otherwise; and when said trustees and county court shall give authority to any individual or company to construct said water works, said individual or company, having constructed the same, shall become invested with the sole right to use, sell, and dispose of the same as of their own right; and the trustees of said town, when said water works shall be constructed, shall pass ordinances protecting the same from violence or injury. Approved March 24, 1851. CHAPTER 623. AN ACT to amend the charter of the Louisville and Frankfort Railroad Company. 1851. City of Louis. scribe addition. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the charter of the Louisville and ville may sub Frankfort railroad company shall be and is hereby amend-stock. ed so as to authorize the mayor and council of the city of Louisville to subscribe not exceeding three hundred thousand dollars, over and above what said city is authorized to subscribe to the stock of said company, and pay for the same. They are and shall be hereby authorized to pay said subscription in the bonds of the city, having not less than ten nor more than thirty years to mature; the said subscription and bonds, as to amount, and place of paying interest and principal, shall be as said company and the city shall agree; but the interest shall not exceed six per cent. per annum, payable half yearly; and said company shall have the right to sell said bonds, and guarantee the payment of interest and principal, and apply the proceeds to the construction of a branch of said road through the counties of Franklin, Shelby, Anderson, Mercer, Boyle, Lincoln, and such other counties as the company shall desire, or to any other branch of said road; or the city of Louisville may raise the money to pay for such additional subscriptions, or any part thereof, in all respects, as provided in an act to amend the charter of said company, approved 29th February, 1848; and when raised by taxation, as provided in said amended act, the stock shall be distributed amongst the tax payers, in all respects as provided therein; and said amended act shall apply to any and all branches of said road, in the same manner it was appli cable to the main road: Provided, that the mayor and council of the city of Louisville shall not subscribe under this provision, without the sanction of the majority of the constitutionally qualified voters of said city, cast on the submission of the question to the voters of said city; and it shall be the duty of the mayor and council of said city to submit the question to the voters of said city, at the request of said company, on a named day, of which they shall cause reasonable notice to be given, and appoint the proper judges and officers to take and return the said votes. §2. The charter of said company shall be and is hereby so amended as to authorize the counties of Anderson, Mercer, Boyle, Lincoln, and any other county through which said branch or any other branch of said road shall be extended, to subscribe, in their respective corporate characters, any amount of stock the county court of said county may deem proper, and pay for the same in the bonds of either of the counties, not having less than twenty nor more than thirty years to run; or to pay part in bonds, and part with money raised by tax on the real and personal Certain counties may scribe stock. 1851. raised by taxation. estate of the county assessed for the revenue tax; the subscription of stock and bonds, and payments in bonds, or with money, to be on such terms as the several county courts and said company may agree: Provided, that no subscription shall be made by the county court of any county until the question and terms of subscription shall have the sanction of a majority of the votes of the county, cast under submission of the qustion to the voters of the county on a named day, which shall be fixed by the county court for that purpose; and the county court shall appoint the judges, &c., to take and report the vote. §3. The city of Louisville, and each county court of the Stock may be several counties to whom the question of subscribing stock, as provided in the two preceding sections, shall have power and authority to raise the interest, and pay part of the principal of the sums authorized by the voters of said city and said counties, by taxation, as provided in said sections, and to hold the stock so subscribed for the benefit of said city or said counties, respectively, and to pledge, and sell, and transfer the same as other stockholders: Provided, that the surplus dividends on such stock, after paying the interest on the bonds given for the same, shall be applied by the company until all said bonds shall be settled up and cancelled. Conditions on Which subscrip tions may be received. § 4. That said company may receive subscriptions of stock to the proposed branch and other branches, on such terms and conditions, as to time and manner of payment, they may prescribe; and all such subscriptions, in any county through which the branch may pass, shall be considered a part of the subscription of such county, to be paid in cash, and in exoneration of the subscriber from the tax of the county for the road. When the subscription exceeds the subscriber's tax, and the subscriber shall desire that his subscription shall exonerate him from the tax and stock subscribed to a branch, shall not be entitled to have a share in the profits of the main line, until the branch completed to the extent contemplated by the location of the branch, but shall accumulate on the payments on stock of a branch, in the same manner as on the stock in the main line, and entitle the owner to so much additional stock: Provided, that nothing contained in this act shall be so construed as to authorize said Louisville and Frankfort railroad company to estimate the cost of any branch road or roads, constructed as provided for in this act, as constituting part of the cost of the Louisville and Frankfort railroad, in the sense of the twenty-seventh section of an act, approved February 28, 1848, incorporating the Lexington and Frankfort railroad company; nor shall anything in this act be so construed as to affect, in any manner, the rights of the Lexington and Frankfort railroad company, in the division of the profits of the two roads, as provided for in the said |