By-laws. Taxes. License. justices are allowed for similar services. The marshal shall have concurrent jurisdiction with the constables of Ballard county, and charge the same fees for their services, and shall collect all taxes due the town, and pay the same over to the board of trustees. § 7. The trustees are empowered to enact such by-laws and enact such regulations as may be necessary for government and well being of said town, not in contravention of the laws of the Commonwealth, and to fill any vacancy in any office created by this act that may occur. § 8. Said trustees shall have power to levy taxes on ali persons living in said town, or owning property within the corporate limits, not exceeding twenty-five cents on each one hundred dollars' worth of taxable property, except such as may be leased for purposes of manufactories; also to impose a tax of one dollar on each male citizen over the age of twenty-one years; and all fines and forfeitures within the jurisdiction of said police judge shall be applied by the trustees in such manner as will be beneficial to said town. 9. The trustees shall have power to procure, by purchase or otherwise, a lot of ground upon which to erect a guardhouse for keeping of prisoners, under the same rules and regulations as govern the county jail; said guard-house to kept by the marshal, who shall have all the privileges and compensation allowed the keeper of the Ballard county jail. for like services. § 10. Said trustees may sue and be sued in their corporate capacity, in the name of the trustees of the town of Wickliffe. 11. Any person found guilty of a breach of the by-laws or ordinances of said town before the police court of said town may be compelled to work on the streets or other public works of said town, at the rate of one dollar per day, until their fine is paid, provided the same is not paid or replevied. 12. That the said trustees shall have power to license, tax, and regulate auctioneers, retailers, coffee-houses, peddiers, public halls, theatrical and other exhibitions, taverns, retailers of spirituous, vinous, or malt liquors, alleys for nine and ten-pins, billiard tables, pigeon-hole tables, bowling saloon; but in no case shall the license or tax exceed the sum of twenty-five dollars per annum, except in the case of the sale of spirituous, vinous, or malt liquors, and in such cases the license shall not be less than three hundred nor more than one thousand dollars per year; and no license granted by said trustees shall authorize the holder thereof to transact any business until he or she shall have obtained such other license as the law may require; nor shall any license authorize any person to transact business in said town until the town license shall have been granted and fully paid. § 13. Said trustees shall have power to suppress gaming, drunkenness, gambling-houses, bawdy houses, or houses of prostitution, street-walkers, and disorderly houses of all kinds, and to provide for the arrest and punishment of the offenders, and may provide for the prevention and punishment of any person who shall rent property to prostitutes, or suffer their property to be occupied by prostitutes or lewd and disorderly persons, and may prescribe by ordinances such penalties therefor as they may think proper, not inconsistent with the Constitution of Kentucky. 14. The power granted in this charter applies solely and entirely to the police regulations of said town, and is not intended to interfere with the title to or sale of lots in said town, but the same is to remain in the persons in whom now vested, subject to the agreement of the proprietors or order of the court. § 15. This act shall take effect from its passage. Approved March 6, 1882. CHAPTER 386. AN ACT to regulate the sale of spirituous, vinous, or malt liquors in the town of Elkton, Todd county, Kentucky, and within one mile of the corporate limits thereof. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That from and after the passage of this act, it shall be unlawful for the judge of Todd county, or the trustees of the town of Elkton, to grant a license to any person or persons to sell any spirituous, vinous, or malt liquors within said town, or within one mile of the corporate limits thereof: Boundary. Provided, That the board of trustees of said town of Elkton may, in their discretion, grant license for not more than one year at a time to druggist and apothecaries, doing business in Bond. Fine. good faith as such, to sell spirituous, vinous, and malt liquors for medical purposes alone, upon the person applying for such license producing satisfactory evidence to them that he has been carrying on the business of druggist or apothecary, in good faith, for at least six months next before the date of his application; and executing a bond, with good and approved security, in the sum of two hundred dollars, payable to the board of trustees of the town of Elkton, to the effect that neither he nor any one in his employ will sell any spirituous, vinous, or malt liquors in the town of Elkton, or within one mile of the corporate limits thereof, except upon the written order or prescription of some resident practicing physician of Todd county of sobriety and good standing in his profession and who has no pecuniary interest in said liquors, and no interest direct or indirect in said sale. Said order or prescription shall state the name of the person to whom the liquors are to be sold; that it has been prescribed for such person, or for some member of his family, in good faith, as medicine; shall be dated and signed by the physician, and shall be good for one selling only. § 2. Any person who shall vend or sell spirituous, vinous, or malt liquors in the town of Elkton, or within one mile of its corporate limits, otherwise than as herein provided and permitted, shall be fined not less than sixty nor more than one hundred dollars for each offense; and if he be a druggist or apothecary, the board of trustees of said town shall, by an order made upon its books, suspend the license upon his conviction of said offense. 3. Any druggist or apothecary convicted of selling spirituous, vinous, or malt liquors in violation of the provisions of this act, shall thereby forfeit his bond as such, and the full amount thereof may be recovered by suit thereon in the Todd circuit court in the name and for the benefit of the trustees of the town of Elkton. § 4. Prosecutions under this act shall be in the name of the Commonwealth of Kentucky, for the use and benefit of the trustees of the town of Elkton, and shall be conducted in the same manner as other prosecutions for offenses against the Commonwealth are conducted: Provided, That no indictment shall be necessary when a prosecution is commenced in any court inferior in jurisdiction to the circuit court: And provided, That no appeal shall be granted from the judgment of an inferior court to a superior until the appellant shall have executed a bond, with security, approved by the clerk of the court to which the appeal is taken, conditioned that he will satisfy any judgment which may be rendered by the court to which the appeal is taken, and render himself in execution thereof if convicted. 5. The attorney for the town of Elkton shall receive thirty per cent. of all fines and forfeitures which may be recovered under this act as a fee for his services for prosecuting offenders: Provided, That when any prosecution is conducted in the circuit court, either by appeal or originally, and the attorney for the Commonwealth assists therein, he shall be entitled to one half of said fee. The net proceeds of said fines and forteitures, after payment of fees and costs, shall be paid over to the board of trustees of the town of Elkton for the use of said town. § 6. Any physician who shall prescribe spirituous, vinous, or malt liquors, to be purchased in the town of Elkton, or within one mile of the corporate limits of said town, otherwise than as a medicine, and in good faith, or who shall fail to date or sign such prescription when given; and any person who shall make or use, or shall assist another to make or use a false and fraudulent prescription, or shall use a prescription that has previously been used, or shall sell spirituous, vinous, or malt liquors, by himself or another, upon a false and fraudulent prescription, or shall, by any device. whatever, evade the provisions of this act, shall be fined not Fine. less than sixty nor more than one hundred dollars for each offense. § 7. Nothing in this act shall be construed as forbidding the sale or use of wine for sacramental purposes. § 8. This act shall take effect and be in force from its pas sage. Approved March 6, 1882. CHAPTER 387. AN ACT for the better regulation and working of county roads in Boyle county. WHEREAS, The present law governing the working of county roads, requiring each male person between the ages. of sixteen and fifty years, unless specially exempted, to work two days in each week upon county roads, if in the judgment. of the surveyor the roads require it; and whereas, this law is burdensome and unjust to a large class of citizens, especially so to the mechanic and laborer, a large majority of whom own neither horse or vehicle, and consequently never use the said roads, their labor, money, and time being taken from them without any compensation or equivalent for the same; and whereas, a large sum of money is annually drawn from the Boyle county treasury for the hire of wagons and horses to work on said county road, and the furnishing of plows, spades, picks. and other tools necessary for the working of said roads, in addition to the labor of each and every male person as above stated; and whereas, this sum of money, annually drawn from Boyle county treasury, is alone amply sufficient for the working of and keeping in good order of all Boyle county roads, provided just and equitable laws are enacted governing the same; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the county judge of Boyle county, by and with the consent of a majority of the justices of the peace of said county, shall, upon the passage of this act, appoint a suitable person in and for said county, who shall be known as supervisors of county roads. § 2. It shall be the duty of the supervisor, as soon as he qualifies and enters upon the duties of his office, to examine the records of survey of each county road in his county, and should he, upon careful examination, find that there are county roads in said county with no survey on record, he shall, as soon as practicable, have the necessary survey made by the county surveyor, and have the same recorded in the county clerk's office. 3. The supervisor shall, in the month of August of each. year, advertise for sealed proposals for keeping the county roads in repair for the term of one year, specifying as near as practicable the amount and nature of the work required upon each road, the advertisement to be published in the local papers of the county, and posted in the various public places of the county for fifteen days. $ 4. The supervisor, subject to the approval of the county judge, shall award any one or all of contracts for keeping in repair the county roads to any one or several of the lowest |