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CHAPTER 36.

AN ACT to legalize certain orders and proceedings of the Larue county

court.

WHEREAS, At the October term of the Larue county court, 1871 (the presiding judge and majority of the justices sitting), it was ordered by the court that an ad valorem tax of twenty cents on the one hundred dollars' worth of property in the county be levied to pay for the erection and construction of a bridge across Nolynn, near Hodgenville, and for other purposes of the county; now, therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That all of the acts, orders, and proceedings of the Larue county court, made at its October term, 1871, for the purpose of levying a tax on the property of the county to pay for the erection of a bridge across Nolynn, near Hodgenville, and for paying other indebtedness of the county, be, and the same are hereby, legalized and declared valid.

§2. This act shall take effect and be in force from and after its passage.

Approved December 20, 1871.

1871.

CHAPTER 37.

AN ACT for the benefit of the Carlisle and Jackstown Turnpike Road
Company, upper route.

WHEREAS, The county court of Nicholas heretofore made a subscription of a thousand dollars per mile in the Carlisle and Jackstown Turnpike Road, upper route, which was irregular and not authorized strictly by law; and the said road company have completed upwards of three miles of said road, but have received none of the county subscription in aid of the making of the road; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

County

judge to sub

1. That the presiding judge of the Nicholas county court is hereby authorized and required to subscribe a scribe stock in number of shares, amounting to three thousand dollars, in the Carlisle and Jackstown Turnpike Road Company, upper route, and appropriate and pay the same out of the fund in the hands of Robert W. Potts, late sheriff of Nicholas county, which was collected by him under a levy made for the benefit of said road company.

2. That whenever the presiding judge of said court shall be satisfied that a sufficient amount, with the aid of

May make

additional subtook.

seriptions

1871.

the county subscription, shall be subscribed by private subscription, to make and complete the balance of said road, he shall further subscribe in said road company a thousand dollars per mile for the remainder of said road, to aid in the making and completing the balance of the road; which county subscription shall be paid out of such fund as may be directed by said judge.

§3. This act shall take effect and be in force from and after its passage.

Approved December 20, 1871.

CHAPTER 38.

AN ACT to amend an act, entitled "An act to amend the charter of the city of Frankfort," approved March 15, 1871.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That an act, entitled "An act to amend the charter of the city of Frankfort," approved March 15, 171, Session Acts, 1871, page 137, be, and the same is hereby, amended, so as in all respects to make said act apply to and embrace school trustees.

§ 2. The present school trustees of said city shall hold their offices until the next election of councilmen for said city.

§ 3. School trustees for the city of Frankfort shall hold their offices for the same term, and be elected at the same time, that councilmen for said city are elected. § 4. This act shall take effect from its passage.

Approved December 29, 1871.

CHAPTER 39.

AN ACT to prevent the sale of spirituous, vinous, or malt liquors in the town of Elkton, Todd county, or within one mile of the corporate limits thereof.

WHEREAS, A petition has been presented to the General Assembly, signed by a large majority of the citizens of Elkton, in Todd county, asking the Legislature to enact a law prohibiting the sale of spirituous, vinous, or malt liquors in said town, or within one mile of the corporate limits thereof; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1. That hereafter it shall be unlawful for any person. or persons to sell or give, by retail or otherwise, any spirituous, vinous, or malt liquors, or any mixture thereof,

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within the corporate limits of the town of Elkton, Todd
county, or within one mile of the corporate limits thereof:
Provided, That this act shall not be so construed as to in-
terfere with the sale or use of such liquors for sacramental
purposes.

§2. That all laws now in force authorizing the trustees
of said town, or the presiding judge of Todd county, to
grant license to coffee-house keepers, hotel-keepers, or any
other person or persons whatever, in the town of Elkton,
for vending spirituous, vinous, or malt liquors, are hereby
repealed: Provided, That this act shall not be so construed
as to interfere with the rights of any person now author-
ized by license to vend spirituous, vinous, or malt liquors
who shall have obtained the same previously to the pas-
sage of this act.

§ 3. That any person violating any of the provisions of this act shall be fined fifty dollars for the first offense, and one hundred dollars for each succeeding offense, to be recovered on an indictment of the grand jury, or upon a warrant before the county judge of Todd county, or the judge of the Elkton police court, who are hereby authorized and empowered to try any person or persons for a violation of this act.

§ 4. That all acts or parts of acts in relation to the town of Elkton, inconsistent with the provisions of this act, be, and the same are hereby, repealed, so far as the purposes of this act may be affected by the same.

§ 5. It shall be the duty of the judge of the Todd circuit court to give this act in charge to the grand jury at each term of said court.

§ 6. This act shall take effect and be in force from its passage.

1872.

Approved December 20, 1871.

CHAPTER 40.

AN ACT to amend an act to protect small birds and game in the counties
of Daviess and Lyon.

Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

§ 1. That an act to protect small birds and game in the
county of Lewis, approved March 2d, 1869, be so amended
as to include the counties of Daviess and Lyon.

§ 2. That this act shall be in force from and after its passage.

Approved January 11, 1872.

1872.

CHAPTER 41.

AN ACT to authorize the county clerk of Cumberland county to procure books and indexes for the purpose of transcribing the mutilated records of the surveyor's office of said county.

WHEREAS, It appears that the records of warrant and other surveys of Cumberland county, Kentucky, with the indexes thereto belonging, were never made in books suitable for such records; and that, such as they were, they have, by age and use, become so dirty and mutilated as to be in a manner worthless as public records; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the county clerk of Cumberland county shall procure such books and indexes as may be necessary to use for fully transcribing all of the warrant and other survey records of said county; and that he shall forward the bills for the same to the Auditor of State for payment.

§2. That C. L. S. Matthews, of Cumberland county, be, and is hereby, authorized and appointed to transcribe all of the warrant and other survey records of said County, with the plats annexed; and also to make out plain and correct indexes to the same; and after completing the aforesaid work, he shall, together with the county clerk of said county, diligently compare said copies of surveys, plats, and indexes with the original records.

3. After such comparison has been made, and the copies have been found to be correct, the county clerk shall report to the county judge, at the next monthly term of the Cumberland county court, and his report shall be received by the county judge and entered upon the records of said court for said regular monthly term; after which, all copies taken from said copies of survey records, and properly certified, shall be evidence in all courts of this Commonwealth as though they had been taken from the original books.

§ 4. The county court of Cumberland county shall, at its next court of claims after the transcribing of the survey records, &c., is completed, and the clerk's report (showing that such transcribing has been correctly done) has been presented, allow to the said C. L. S. Matthews, for his services in transcribing all of the said survey records, plats, and indexes, the fees allowed by law to circuit clerks for copying deeds, plats, &c., to wit: two (2) cents for each twenty (20) words transcribed; twenty-five cents (25) for each separate plat copied, and five (5) cents for each name indexed.

§ 5. The original records of warrant and other surveys shall be preserved with other records in the clerk's office of Cumberland county, after they have been copied and compared; and the county clerk shall have a reasonable

compensation for his services in comparing said copies with the originals; and this allowance shall be made him by the Cumberland county court of claims at its next term after the service is rendered.

Approved January 11, 1872.

1872.

CHAPTER 42.

AN ACT for the benefit of J. E. Cosson, H. G. Trimble, and E. D. Porch, of the county of Pulaski.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the further time of two years be allowed J. E. Cosson, late clerk of the Pulaski circuit court, H. G. Trimble, present clerk of the Pulaski circuit court, and E. D. Porch, clerk of the Pulaski county court, to collect their uncollected fee bills.

§ 2. That their fee bills be distrainable for two years from the passage of this act; said Cosson, Trimble, and E. D. Porch, to be subject to all the penalties now in force by law for issuing and collecting illegal fees.

3. This act shall be in force from and after its passage.

Approved January 11, 1872.

CHAPTER 43.

AN ACT to amend the charter of the town of Mayfield.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1 That that portion of the charter of the town of May field making it the duty of the trustees of said town to keep the streets in repair, be, and the same is hereby, repealed, except as to the main streets now graded and graveled; and the other streets of said town are hereby placed upon the same footing with other public highways. § 2. That it shall be the duty of the county court of Graves county to appoint surveyors of said streets, who shall hold their office for the same time, and have the same powers, and be subject to the same penalties, with surveyors of the public roads of this Commonwealth. the order making this appointment, the court shall designate what portion of said streets shall be kept in repair; and the surveyor shall not be required to work any portion of the streets not thus designated.

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in said town.

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In duties.

Who are liable to work said

streets, and penalty for

§ 3. That all male citizens residing in said town, who would be subject to road duties by the general laws of this failure.

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