1872. Boundary. trustees & their duties. CHAPTER 173. AN ACT to incorporate the town of Martinsburg, in Elliott county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the town of Martinsburg, in the county of Elliott, be, and the same is hereby, incorporated, and the boundary of said town be as follows: Beginning at a beech at the mouth of a small drain, about one fourth of a mile above the house of J. K. Hunter, at or near the upper end of said Hunter's old Jos. Atkins' farm; thence running up the hill with the fence to the corner of the cross-fence, including a wheat field; thence running with said fence to the road, near Hunter's upper gate; thence running straight to Sandy creek; thence up Sandy creek to the beginning. § 2. That the qualified voters of the town of MartinsElection of burg shall, on the first Saturday in March, 172, and at the same time in each year thereafter, meet at the courthouse in said town and elect five trustees for said town, who shall hold their office for the term of one year, and until their successors are duly elected and qualified; that said trustees shall elect one of their body as chairman, who shall preside at all the meetings of said board, and sign the record of their proceedings; that a majority of said trustees shall be sufficient to transact business; that the chairman shall have power to adjourn the sessions of said board, and to call meetings at such time and place as he may designate; that said board shall have power to appoint a clerk to record the proceedings of said board, and a treasurer to receive and disburse all the money belonging to this corporation, under the order and direction of said board, and appoint an assessor to assess the property and list the tithes of said town. abal-wuen elected. Duties of police judge. § 3. That on the said first Saturday in March, 1872, and Police judge every two years thereafter, said voters of said town shall and town mar- elect a police judge and town marshal, who shall hold their office for the term of two years, and until their successors shall be elected and qualified; that said police judge shall have the same jurisdiction in civil cases as a justice of the peace, and in penal or criminal cases shall be and considered as a court of inquiry, with all the power and jurisdiction of a county judge or two justices of the peace, and shall have entire and exclusive jurisdiction of all cases arising under a violation of the by-laws and ordinances of the trustees of said town, and shall receive for their services the same fees as are allowed constables and justices of the peace for like services: Provided, There shall be no legal objections urged against his trying the same, and then a change of venue may be had to a justice of the peace; and that appeals may be taken from the judgments of said police judge in the same manner, and under the same rules, as is now required by law regulating appeals from a justice of the peace. 1872. 4. That said town marshal shall collect the taxes and Duties of marshal. revenues of said town, and all executions and attachments and assessments that may be issued by said police judge, and execute and return all process and precepts that may be issued by him, or any county judge or justice of the peace, that may be directed to him; and may perform all duties that a constable may rightfully perform, and be subject to all the penalties that constables are subject to for a failure to perform his official duty; and may be proceeded against, by suit or motion, in the same manner; before he shall enter on the discharge of the duties of his office he shall execute bond in the Elliott county court, with good surety, for the faithful performance of the duties of his office; any person having a right to do so may sue on said bond in any court having jurisdiction, or motion against said marshal, before said police judge, and recover judgment against said marshal and his sureties for all moneys collected on execution, attachment, fee bill, note, account, or other demand placed in his hands for collection; and also all such per cent. or damages allowed by law against constables for failing to pay over money when collected, or to return any execution or other process placed in his hands. oath of office. § 5. That before any of the officers before named shall Officers to take enter upon the discharge of their several duties, they shall take the several oaths prescribed by the Constitution and laws of this State. 6. That the first election to be held herein shall be conducted by the clerk of the Elliott county court, who shall certify the poll-book, compare the same, and give certificates of election; the certificate of election of police judge shall be certified to the Governor of this Commonwealth, who shall issue a commission to the person thus elected; at all elections to be held thereafter, shall be held by two or more of said trustees, or the clerk of the county court, who shall certify as before directed. § 7. That said trustees, and their successors, shall be a body-corporate, and, by the name of the "Trustees of the town of Martinsburg," may sue and be sued, plead and be impleaded, in all courts of common law or equity jurisdiction, use a common seal, and alter the same at pleasure, and have perpetual succession. 8. This act to take effect immediately after its passage. Approved February 2, 1872. Elections how conducted. Trustees to be body corporate, name and style. with corporate 1872. CHAPTER 174. AN ACT for the benefit of White Sulphur school district, in Scott county. WHEREAS, By a recent storm in White Sulphur district, Scott county, by which the district school-house was so -damaged as to prevent the commencement of the school term at a day early enough to complete it within the time prescribed by law; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the several trustees of said school district be, and are hereby, authorized to commence said school on ór before the first day of March, 1872, and to continue the same the requisite five months. § 2. This act to take effect from its passage. Approved February 2, 1872. CHAPTER 175. AN ACT to repeal an act, entitled "An act to amend the charter of the town of Lancaster," approved March 11th, 1870. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act to amend the charter of the town of Lancaster, approved March 11th, 1870, be, and the same is hereby, repealed. § 2. This act to take effect from its passage. Approved February 2, 1872. CHAPTER 176. AN ACT to amend an act, entitled "An act to incorporate the town of Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the corporate limits of the town of Frenchburg be, and are hereby, extended as follows: Beginning at the mouth of the State road fork of Beaver creek, near the house of Harrison Cassity; thence up and meandering with said State road fork of Beaver creek to the line of a boundary of land lately sold to James Armitage by G. W. McCormick; thence with said line, and including the same, to and including the lands of Judge B. F. Day; thence to Donathan's rock, including the land of J. M. Oliver; thence including the land of Joseph L. Johnson, Wm. S. Pierce, Hanibal Hackney, J. M. Greenwaide, F. W. Gross, and J. M. Vanarsdall, to the beginning. § 2. This act shall be in force from and after its pas 1872. sage. Approved February 2, 1872. CHAPTER 177. AN ACT to amend the town charter of Lebanon. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That any person who shall hereafter be fined for an infraction of any by-law or ordinance of the town of Lebanon, in any court of competent jurisdiction, and shall fail to pay or replevy the same at the time it is imposed, said person shall be adjudged by the court to work on the streets of said town, at the rate of one dollar per day, and be confined in the county jail at night, until his or her labor shall amount to a sum equal to said fine, and the cost of confinement in said jail. The jailer of Marion county shall diet said person, for which, and cost of his or her confinement in said jail, he shall be paid by the trustees of Lebanon out of the treasury of the town. It shall be the duty of the marshal of Lebanon to take charge of the person so adjudged to work, and to see that the judgment of the court is faithfully executed. § 2. This act shall take effect ten days after its passage. Approved February 2, 1872. Fine for vio lation of town laws may be streets. worked out on CHAPTER 178. AN ACT for the benefit of the executors of James P. Mitchell, deceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the executors of James P. Mitchell, deceased, shall have the further time of two years from the passage of this act in which to collect fee bills due said Mitchell as late county judge of Boyle county. § 2. This act to take effect from and after its passege. Approved February 2, 1872. CHAPTER 179. AN ACT to amend the charter of the Newport and Dayton Turnpike Com pany. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the charter of the Newport and Dayton Turnpike Company be, and the same is hereby, amended as Company may sell their road to Dayton or Bellvue. 1872. Said places to issue bond to pay for said road. Said towns may levy tax to pay bonds. When company road, they shall the road and ance. follows: the said turnpike company, with the assent of the stockholders, may, at any time, sell their turnpike road to the city of Dayton and town of Bellvue, or either of them, to be held by the said city and town in such proportions as they may agree upon; and for the purpose of raising money to pay for said turnpike road, the said city and town may issue their separate bonds, having not more than ten years to run, bearing interest at a rate not exceeding ten per cent. per annum, to which interest coupons may be attached for the payment of the interest annually, and may sell or hypothecate any or all of said bonds, and may levy separate taxes on the property of said city and town, and collect the same to pay the interest and the principal of said bonds at maturity. §2. Whenever the said road shall be sold as provided in the first section of this act, the board of directors shall, shall sell said out of the proceeds of the sale, proceed to pay off and pay off debts of discharge all the debts and legal liabilities of said turndistribute bal- pike company, and distribute the residue among the stockholders in proportion to their shares, and after that, the operations of said company shall cease, and all the franchises of the company shall be transferred to the said city and town; but nothing in this act shall impair or invalidate judgment or liens, or any contract previously made by said turnpike company with any person or persons in reference to said road, or the present bridge over Taylor's creek. §3. This act shall take effect from its passage. Approved February 6, 1872. CHAPTER 180. AN ACT to repeal Chapter 1108 of the Acts of 1871. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That (chapter 1108 of the acts of 1871) an act, entitled "An act for the benefit of the citizens of Morganfield" (in Union county), be, and the same is hereby, repealed. 2. That this act shall take effect and be in force from and after its passage. Approved February 5, 1872. |