public ground than the fence now around it without obtaining the consent of the county court of Shelby. They shall appoint a clerk to the market, prescribe his duties, and prohibit under penalty of forfeiture, the exhibiting in market provisions unfit for market, or such as shall be under weight or measure; to make and ordain such rules and regulations with respect to the markethouse and market, and affix penalties to the breach thereof, not exceeding ten dollars for any one breach. Who are to be enrolled. 12. The trustees shall have power to cause Fire compa one or more fire companies to be formed in said nies to be town, under the direction of such a number of formed. directors of the fire company, or officers by other designations, as they shall direct; and it shall be the duty of the directors or officers who may be severally constituted to carry the object of said companies into effect, to cause all the free male inhabitants above the age of sixteen years actually resident in said town, to be enrolled as composing a part of said company or companies. The directors or officers of said fire companies shall at least three times a year call all the inhabitants enrolled in said company together, with the fire-buckets, form the line for the conveyance of water, exercise them in their duties, as well as such other instructions appertaining thereto as they may think proper; and in the time of fire, when the line shall be ordered to be formed, and Fine for fail ing to perevery person enrolled in said company [who] shall form the dufail or refuse to fall in said line as directed, shall ty. be fined in a sum not exceeding five dollars; and for failing to attend any meeting of the company as herein directed, shall be fined one dollar for each day, without a reasonable excuse in each case; and in the time of fire, each male slave above the age of sixteen years, shall attend at the place of such fire and assist in extinguishing the same, and on failure thereof, an enquiry shall be had before the trustees of said town, who may, according to the nature of the case, order a fine not exceeding two dollars against the master or employer of such slave, or such a number of lash- Slave to be es, not exceeding fifteen, on the slave's bare back whipped Proviso. raised to procure fire en gine. at the public whipping-post: Provided, that the officers of said companies may excuse those slaves who, in their judgment, are incapable of rendering service towards extinguishing the fire. And to enable the trustees of said town to provide a fire engine for the security of the property therein from destruction by fire, they are Tax to be hereby authorised, whenever two-thirds of the owners of lots therein shall by petition, or in any other manner give their consent, to raise by a special levy or tax on the tithes, real and perOn what spe- sonal estate, including merchandize, household cies of pro- furniture of every description, and other properperty. ty held and owned by any person in the way of their trade or occupation, a sum not exceeding Sum to be eight hundred dollars, which shall be levied and collected in the same manner and with the same powers as other taxes in said town. The assessors shall call on each individual for the amount or valuation of their personal property, including each species which the trustees shall say is subject to the tax; and on their failing or refusing to give such list of valuation, the assessor shall from the best data he can get, affix such valuation; and in making out such tax, the trustees shall add twenty-five per cent. to the amount of their taxes. The trustees shall also possess power to compelł the owners of property in said town to procure fire-buckets, and for their preservation, with such penalties for failure therein as they may think proper. raised. Assessor's duty. Fire-buckets to be procur. ed. 13. The county court of Shelby is hereby County court authorised to make such an appropriation to asauthorised to sist the trustees of the town to procure a fire enlevy part of the sum for gine, as they may think proper, not exceeding the engine. four hundred dollars, for the object and security ordinances. of the public buildings in said town. 14. The trustees shall have power to make By-laws and such by-laws or ordinances for the regulation of the streets and alleys as they may think proper ; and when the improvement of any part of the town is such as in their opinion to justify the measure, they shall by their order compel To pave foot. Owner of lots to pave the foot-ways with brick, of such width as they shall ordain, and within ways. the such time as they by their order direct; and any Το pave of 15. And whenever the owners of three fourths of the ground on any of the streets, or streets on peon any square of any one street, or on either tition of three side of the street on any square, shall petition fourths the trustees to pave the streets with stone, they ested. persons intershall have power to compel the pavement of that square or side of the street to the middle thereof, as may be petitioned for; and those who shall fail or refuse to pave half across the street, agreeable to the order of the trustees, they shall have power to cause it to be done, and assess the expence thereof on each individual who had so failed or refused; which assessment shall be put into the hands of the town collector, and if not paid within thirty days, to be collected in the same manner and with the same powers as the taxes of said town. Nuisances. § 16. The trustees shall have power by their order to declare what shall be considered as a nuisance in said town, and to prevent the obstruction of the streets, and ordain a fine against any person who shall cause either not exceeding ten Fine, dollars. They shall have power to prevent the building of any wooden chimnies in the limits of said town, or cause any now built to be pulled down; and any person failing to obey their order on that head, may be fined not exceeding ten dollars per day. If any person shall be guilty of running or racing a horse in the streets, play- Racing ing or throwing bullets, or shooting at a mark shooting, &c within the limits of the in-lots of said town, such person shall for every such offence, if a white person, forfeit and pay three dollars, and if a slave, shall be whipped, at the discretion of a justice of the peace, not exceeding fifteen lashes. 17. They shall have power to impose a taxTo tax shows. on any person or persons who, for a compensation, shall exhibit any feat or show in said town, not exceeding ten dollars per day for any feat or Trustees or Fine. show. 18. The chairmain of the board of trustees shall, or their clerk, have power to administer clerk to ad- all necessary oaths in any enquiry had before ministeroaths them; and in addition to the special powers hereby granted them, they shall have full power and authority to make and ordain any by-laws or To regulate ordinances for the better regulation and general police. police of the town, which shall be conducive to good order, regularity, health, safety and quietness of said town, and to affix fines and penalties, not exceeding ten dollars for every breach thereof; and all fines, penalties or forfeitures which are not otherwise provided for by this act, How to be shall be recovered before a justice of the peace for the county of Shelby, in the name of the trustees of Shelbyville, which may be appealed from Appeal. to the county court of Shelby; and all taxes, Fines how fines, penalties and forfeitures which may be colappropriated. lected, shall be paid into the hands of the town treasurer, to be applied to the use of the town. recovered. § 19. The town treasurer shall give bond and. Treasurer to security, in a sum double the probable amount to give bond. be put in his hands; and all bonds shall be given and made payable to the trustees of the town of Shelbyville and their successors. The trustees now in office in said town shall be governed by office to be this act, and the by-laws and ordinances now in governed by force in said town shall continue in force until new ones shall be passed under this act. Trustees in this act. 20. All acts and parts of acts which come. Repealing within the purview of this act, shall be, and the same are hereby repealed. clause. CHAP. CCLXXX. An ACT authorising certain Justices of the County Courts to award Injunctions, Writs of Ne Exeat and Habeas Corpus. APPROVED February 3, 1818. to a with the bove powers. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the several Countycourts annually county courts of this commonwealth shall respec- select three tively, at their first meeting after this act takes justices, to effect, or as soon thereafter as practicable, desig- be invested nate and select three of the most experienced of their own body, for the exercise of the duties hereinafter injoined; and they shall make an entry on the records of their courts respectively, of the persons by them so designated and selected; and they shall, at the terms at which their respective county levies are laid in every year, renew and enter as aforesaid their selection, subject to such variation in the persons designated, as the free choice of the court may occasion. The said court shall moreover supply any vacancies And to sup ply vacancies, that may happen, by the selection and designation of an experienced person or persons from their own body for that purpose. § 2. And be it further enacted, That the justices designated as aforesaid, shall have power, within their respective counties, during the vacation of the circuit courts thereof, to award writs of injunction and of ne exeat, and to grant writs of habeas corpus. force. § 3. And be it further enacted, That the said To be gov justices, in awarding and granting the writs afore- erned by the said, shall be governed by the laws now in force laws now in in relation thereto, as well in the requirement of bail by the applicants as in other respects. The writs of injunction and ne exeat awarded by the justices under this act, shall, upon the order of the said justices, be issued by the clerks of the circuit courts of their counties respectively, and be made returnable thereto, and shall in every respect be as subject to the judicial discretion of the circuit judge of the county, as if they had been awarded by himself; and the writs of habeas corpus granted under this act, shall be made return- made return Writs of habeas corpus |