lic schools of Louisville; and all presentments and indictments against said city for violation of the laws of the commonwealth, or for breaches of ordinances, are to be tried in the Jefferson circuit court; and any fine or forfeiture that may be levied therein against said city, shall be paid into the treasury of this commonwealth.

1851.

City attorney,

§ 10. The city attorney shall be the prosecuting attorney in the city court of Louisville. He shall receive an annual his salary & fees salary of seven hundred dollars, payable out of the treasury of said city quarterly; and he shall be entitled to the like fees for the like services as are allowed by law to the prosecuting attorneys in the circuit courts of this commonwealth.

§ 11. Upon all judgments rendered in said court, whether in favor of the commonwealth or of the city of Louisville, it shall be lawful for the prosecuting attorney of the city court to cause a fi. fa. to be issued, to be levied on the estate of the defendant, or to take a capias profine, requiring the imprisonment of the defendant in the city work house, until the fines and costs are paid; but the person so imprisoned shall have the right, if he elects to do so, to dis-charge the same by labor in the city work house, at seventyfive cents per day; and, after agreeing so to do, every such person shall be bound to conform to the rules of the work house, as it regards labor and discipline, unless he shall after having made such election, replevied or paid the judgment, or such portion thereof as remains unpaid.

How judgments common wealth to be collected.

in favor of the

How appeals, &c., from judg.

court to be prosecuted.

§ 12. Appeals and writs of error shall lie from the decision and judgment of the city court of Louisville to the ments of city court of appeals, in all cases where the fine exceeds twenty dollars, in like manner that appeals and writs of error lie from the decisions and judgments of the circuit courts; and in cases where the fine is twenty dollars or less, and is imposed under ordinances, and the defendant wishes to test the validity of the ordinances under which the same is imposed, the proceedings shall be by writ of prohibition from the Jefferson circuit court, as in other cases of prohibition, and not otherwise.

shall be held.

§ 13. The city court of Louisville, so far as it is a police When city court court, and court of inquiry, shall be always open for the hearing and determing such cases as a single judge, by the constitution and laws of this state, may hear and determine, without the intervention of a grand or petit jury; and said court may make such reasonable rules and regulations, for the speedy hearing and determining of all such cases, as to afford reasonable notice to the parties, and a prompt administration of justice. And, for the trial of pleas of the commonwealth, there shall be monthly terms of said court, to commence on the first Monday of each month, and to be continued from time to time, as the business may require; and said court shall have power and authority to cause a

1851.

Marshal of city and liabilities

grand jury to be impanneled and sworn, whenever business may require it, or render it proper, and juries to be summoned whenever necessary; said court may continue a cause to any day during the term, without delaying the trial thereof to the first day of the ensuing term; and whenever any grand jury may return into said court an indictment or presentment, said court shall have the power and authority to set any such cause for trial on any day during the term at which said indictment or presentment may be returned into court, and cause the necessary process to issue thereon, returnable to such day as said cause may be set for trial. And said court shall not be opened earlier than eight o'clock, A. M., in the months of May, June, July, and August, and not earlier than nine o'clock, A. M., of each day during the rest of the year, for the transaction of business, and shall be considered open on all days, after said hour, Sundays excepted.

§14. The proceedings in the city court of Louisville, when the fines and penalties are imposed under the acts of the legislature, skall be in the name of the commonwealth; and when the fines and penalties are under the ordinances of the city, the proceedings shall be in the name of the city of Louisville.

15. The marshal of the city court of Louisville, and all others, to whom the process of said court shall be court, his duties directed and come for execution, shall be bound to execute and return the same within the time prescribed, by law, for sheriffs to execute and return similar process; and, on their failure, they and their sureties shall be liable to the same fines and penalties that sheriffs are, as also for not paying over money collected on executions; and said court shall have power and jurisdiction to hear and determine motions against them and their sureties, for failures, in like manner as the circuit courts have power and jurisdiction to hear and determine motions against defaulting sheriffs, or to proceed, by fine and imprisonment, to enforce the due execution and return of process as other courts of record.

Attachments in chancery may issue on return of no property.

-duty of clerk.

§ 16. A return of not found on a capias profine, and of no property found on a fi. fa., issued on the same judgment in the city court of Louisville, shall authorize an attachment out of chancery, in favor of the commonwealth or of the city of Louisville, against the choses in action, and effects of the defendant or defendants, in the same manner that the return of no property authorizes an attachment in chancery on judgments rendered in the circuit

courts.

§ 17. The clerk of the city court of Louisville shall have Powers and power and authority to issue warrants for the apprehension of persons charged with felony, or violation of the penal laws; also, for the apprehension of persons charged with being persons of evil fame; also, for the apprehen

sion of persons for whom surely of the peace is claimed; also, search warrants; and he shall administer the necessary oath before issuing any such warrant, as required by law, and he shall make the warrant returnable before the judge of the said court, not amounting to felony; and all recognizances, not amounting to felony, nor for the appearance of witnesses in cases of felony, shall be made returnable before the said court on the first Monday of the ensuing month after the taking of the same, or any day during the term at which such recognizance was taken, that the court may direct. And the clerk of said court shall, at each term, make out a docket of all causes for trial at said term; and he shall not set for trial, on any one day, more causes than can be reasonably tried.

1851.

of said clerk.

§ 18. The clerk of the city conrt of Louisville shall have further powers power and authority to issue the necessary mesne and final process, in all cases cognizable before said court; and the marshal of said court shall have power and authority to take bail, under any process which he may have executed, and when, by law, the party is entitled to bail, and the sum is fixed by law, or is indorsed on the writ; and the city attorney, as prosecuting attorney in said court, shall be entitled to the same fees that a commonwealth's attor ney is entitled to for similar services; and he shall be entitled to the fee authorized by law for prosecuting persong to conviction for retaling spirits and other liquors, without license.

§ 19. In all prosecutions in the name of the common wealth, in the city court of Louisville, to carry on which the name of a prosecutor is required, by law, to be set at the foot of the indictment or presentment, and a police officer, in discharge of his duty, in good faith, shal authorize his name to be placed on the same as prosecutor, and said indictment be quashed, dismissed, a nolle prosequi to be entered, or the person or persons indicted therein be acquitted, without the fault or neglect of such prosecutor, then and in that case the said police officer shall not pay the costs of prosecution, but the clerk may tax them against the city of Louisville, as the real prosecutor, and execution may go therefor, as in other cases under the seventh section of this article, and may be and stand as ex officio services by said clerk; and if it shall appear that such prosecuting police officer acted in bad faith in said prosecution, in any manner as aforesaid, he shall be removed from office, and thereafter be incapable of holding any office in the police of the said city. On all peace warrants, or for evil fame, from before said court, the costs thereof shall be taxed to the failing party, as in other proceedings at law between party and party, except in cases in forma pauperis, and execution shall go therefor as in other cases of the commonwealth.

Feer of city attorney.

Police officer

entered as pros. for costs in cer

ecutor not liable

tain cases.

1851.

Penalties for allowing slaves charge on city.

to become

a

20. Any person or persons who shall suffer or permit his, her, or their slave or slaves to be within the city of Louisville, and make no provision for their support and maintenance in their old age or infirmities, each and every such person shall be liable to the city of Louisville for double the amount expended by the authorities of said city in the maintenance of or administering to the infirmities of any such slave; and, on petition to the judge of said court by the mayor, marshal, or any deputy marshal, or any watchman of said city, whose duty it is hereby made so to do, and on ten days' notice, in writing, to the own er or owners, said judge shall have power and authority to issue an order upon the owner or owners thereof, for the maintenance of such old or infirm slave or slaves, and enforce the same by attachment or otherwise; and, if the owner or owners reside out of the city of Louisville, also for the removal of such old or infirm slave or slaves out of the city of Louisville, and to enforce the same in like manner. Slaves found hiring their own time, hiring or working under persons who stand masters for them,

Penalty on

glaves their time.

Assemblies of

colored persons

without license.

Penalty there. for, &c.

either as buyers or hirers, until they pay for themselves, shall, by order of said court, be sent to the work house for three months, 'till the master, mistress, or hirer of such slave, if within said city, shall be summoned to show cause against it; and the person who shall be convicted before said court as standing master for such slave, shall be fined not less than twenty-five dollars nor more than fifty dollars.

$21. No place or house for the assembly of colored persons shall hereafter be located within the limits of said city, not permitted for any use or purpose whatever, without the license and consent of the general council; and all such houses or places now existing in said city, and the assemblies of colored persons attending the same, and all such houses or places hereafter established, and the persons attending the same, shall be regulated by ordinance, and, also, the conduct of persons going to and returning from such places, both free colored persons and slaves; and for any violation of any such ordinances, a free colored person shall be fined not less than ten dollars nor more than fifty dollars, and a slave shall receive not less than ten nor more than thirty lashes, to be enforced before the city court of LouisCouncil may ville. And for good cause the general council may prosuch vide for the closing up any house or place of assembling of colored persons within said city, and may provide for silencing any preacher or teacher of colored persons, for misconduct; and all meetings or assemblies of colored per sons within said city shall be under the visitation of the police, and especially under that of the watchmen of each ward, respectively.

close houses.

Council may

§ 22. The general council shall have power to elect an lect interpreter interpreter to the city court of Louisville, who shall be in

to city court.

attendance on the sittings thereof, when needed; shall be under the orders of the judge of said court, and said judge shall regulate his duties in court. For failure in his duties, the interpreter may be removed by said general council; and said council shall, by ordinance, fix his compensation, either per diem or per annum; and the judge of said court shall certify the number of days of attendance and service of said interpreter.

§ 23. Boarding houses and livery stable keepers in the city of Louisville, shall have the like lien on the property of their guests, in their care or put at livery, as tavern keepers now have, and shall be answerable for the safety of property confided to their care, as tavern keepers are now liable; and justices of the peace for Jefferson coun ty, within the city of Louisville, shall have jurisdiction in all cases of liens, for sums of fifty dollars and less on personal property, as the Louisville chancery court, to enforce the same; and may proceed by attachment in r.m., in case of absence of the person indebted from the state, or in personam where process may be served on the de fendant.

Jurisdiction certain cast.

§ 24. In all cases arising in the city of Louisville, justices of the peace shall have jurisdiction in replevin for rent, of justices in and for other cases of sums of fifty dollars and less, as the Jefferson circuit court now has above that sum; and in all cases of distress for rent, for sums of fifty dollars and less, the papers shall be, by the officer levying the same, returned before the justice issuing the warrant; and the same proceedings may be had before him as are now required by law to be had in the circuit court, and, on the demand of the defendant in the warrant, the justice shall cause a trial to be had before him, as in other cases, to ascer tain, by due proof, the actual amount of rent due and owing, and execution or order of sale shall go for that sum, and no more.

ARTICLE SIXTH.

1. The general council shall have potter, annually, at such time or times, as of such day or days, and in such manner as they may direct, to cause to be assessed, at its fair cash value, such real and personal estate and slaves within the city of Louisville, as the said council may designate; and, in like manner, shall cause to be listed all free male inhabitants of said city of the age of twenty-one years and upward.

§ 2. The general council shall have power to require the mayor and other proper officers of said city, at such times as the council may direct, to furnish estimates, in writing, of the expenses to be incurred for the next ensuing year in the well governing and ordering of said city throughout; and to meet such expenses, said council shall have the power, annually, to levy and collect an ad valorem tax of