1872. ties, for four hundred and six dollars and two cents ($406 02), with interest thereon from June 1, 1870, until paid; and also the further sum of eighty-one dollars and twenty cents ($81 20) damages, and three dollars and ten cents costs; and whereas, it appears from the record on file in the Auditor's office that said judgment, with interest and cost and Attorney General's fees, have been paid, and the only part of said judgment remaining unpaid is the sum of eighty-one dollars and twenty cents, adjudged as damages; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the said James M. Greenwade and his sureties be, and are hereby, forever released from the payment of said sum of eighty-one dollars and twenty cents. § 2. This act to take effect from its passage. Approved February 8, 1872. ary. CHAPTER 222. AN ACT to incorporate the town of Jackson. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the town of Jackson, in the county of BreathTown bound itt, be, and the same is hereby, incorporated, the boundary of which is to be as surveyed and laid off under the direction of Wm. D. Cardwell, Wm. M. Combs, and Waller Tipton, not to contain over seventy-five acres of land. The plat of said survey shall be made out and filed in the office of the clerk of the county court of Breathitt county, and to be by him recorded in his office, and another copy of said survey shall be filed by said Card well, Combs, and Tipton, with the trustees of said town of Jackson, which plat of survey shall form part of their record. when and how elected. 2. That on the first Saturday in April, in each year, Trustees there shall be elected by the qualified voters residents in said town, five trustees in said town, who shall, before they enter upon the discharge of their duties, take an oath before some justice of the peace of said county that they will faithfully discharge the duties of the office aforesaid. That said trustees, and their successors, shall be a bodypolitic and corporate, and shall be known as the "Board Corporate of Trustees of the Town of Jackson;" and by that name shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, in all courts of this Commonwealth. name and pow ers. § 3. That said trustees shall elect one of their number as chairman, who shall preside over the deliberations of 1872. Meetings of board of trus said board when convened, and who shall have power to May levy and collect tax. § 4. That said board of trustees shall have power over May make by-laws, rules the streets, alleys, and sidewalks, and may direct the open- and regulations. ing and improvements of the same, in such manner as they may deem most beneficial to said town; they shall have power to make all by-laws for the regulation and good government of said town, not inconsistent with the Constitution and laws of the United States and of this Commonwealth; they shall have power to levy and collect a tax upon the property and tithes in said town not exceeding fifteen cents on each one hundred dollars' worth of property subject to taxation under the laws of this Commonwealth, and not exceeding two dollars on each tithe in said town, to be applied to the improvements necessary therein; they shall have power to purchase any lot or piece of ground for the use of said town, necessary to straighten and extend the streets therein, to tax auction sales, shows, and other public exhibitions, such sums as they, in their by-laws, may fix; they shall have power to fine all those who may violate their by-laws in relation thereto any sum not exceeding thirty dollars for each offense, to be recovered before either of the justices of the peace residing in the Jackson district. It shall be the duty of said board of trustees to appoint a treasurer, clerk, and such other officers as they may deem necessary, and take bond and security; and for a violation of duty on the part of any such officers, motions may be made or suit brought before any tribunal having jurisdiction thereof; and a majority of said board of trustees may, for proper cause, remove any such officer, and appoint others in his or their stead. That it shall be the duty of said treasurer and Duties of clerk clerk to keep a record of all proceedings which properly belong to their respective offices; and it shall be the duty of said treasurer to render an account to said board of trustees of all moneys received and paid out by him, whenever by them requested to do so. § 5. That no street or alley shall be extended over the land of any person unless such land sufficient so so extend said street or alley shall have been purchased as provided in section four, or unless it shall have been condemned as provided in chapter eighty-four, section one, Revised Statutes, in reference to public roads; and the proceedings to Trustees to appoint clerk, treasurer, and other officers, and remove same at pleas urer. and treasurer. Trustees may condemn land for streets, alleys, &c. 1872. extend said street or alley shall be in strict conformity to said chapter. § 6. That no money shall be drawn from the treasury Money to be except by order from the chairman of said board of trustreasury only tees, made in pursuance of an allowance made by said chairman of board. drawn from on order of trustees. peal in cases of § 7. That upon all judgments rendered by said justice of Right of ap- the peace in said Jackson district, founded on a violation violations of of the town ordinances or by-laws, either party shall have the right to appeal in the same manner as parties have from judgments of justices of the peace now by law. town laws. Jackson dis trict to act as marshal. § 8. The constable resident in the Jackson district shall Constable of serve all process and precepts to him [directed] by either of the justices of the peace resident in said town district, and collect all executions and other demands which may be put in his hands, issued in accordance with the ordinances and by-laws of said town, and account for and pay over all moneys collected on behalf of said town to their treasurer; and on failure to discharge any of the duties herein required of him, shall be subject to the same proceedings which may be had against constables in similar compensation of officers. cases. § 9. Said board of trustees shall fix the compensation of Board to fix all their officers, except the tees of the justices of the peace and constable in said district, whose fees shall be the same now allowed by law for similar services under the statutes of the State. Fines and for feitures to be paid into town treasury. to § 10. All fines and forfeitures inflicted and collected under the ordinances and by-laws of said town shall be paid to the treasurer of the said board of trustees for the use and benefit of said town; and all moneys collected by a judgment of a justice of the peace for any violation of the penal laws committed within the limits of said town, shall, in like manner, be paid over to the treasurer, and be subject to the order of the chairman of the board of trustees of said town. § 11. That all ordinances and by-laws passed by said By-laws and board of trustees shall be transcribed in a fair, legible Ordinances of hand, in a book to be kept for that purpose, by the clerk of said board of trustees, as well as all the proceedings of said board, which shall be open to inspection to each and every citizen on demand. record. trustees-when § 12. The first election of trustees under this act of inElection of corporation shall be holden on the first Saturday in April, and how holden 1872, under the supervision of G. W. Sewell and Edward Marcum, as judges, who are hereby empowered to appoint a clerk and sheriff to assist in said election; but if said judges or either of them wili or cannot act, they are hereby authorized to appoint a judge or judges in their place. The trustees elected at said election shall hold their offices until the 1st Saturday in April, 1873, or until their successors are elected and qualified. 1872. Trustees to provide for their success ors. 13. The first board of trustees elected under this act shall provide, prior to the next election, proper officers for election of holding the same; and if, from any cause, the annual election contemplated by this act of incorporation for a board of trustees shall fail to be holden on the day required herein, the board then in office shall make the necessary provision for holding said election as soon thereafter as may be convenient; and they then shall give at least five days notice of the time and place of holding said election, by written notices posted in at least three public places in said town. §14. That if any officer of said incorporation shall fail or refuse to discharge any of the duties imposed upon him by this act, or the by-laws of said board of trustees, he shall be subject to a penalty of not more than twentyfive dollars, to be recovered before a justice of the peace in said town district, and which fine shall, when collected, be paid into the treasury of said incorporation, as other fines are by this act required to be paid. § 15. That all acts or parts of acts coming within purview of this act be, and the same are hereby, repealed. § 16. This act to take effect from and after its passage. Approved February 8, 1872. Penalty for officers of said town failing to discharge their duties. CHAPTER 226. AN ACT for the benefit of Wm. A. Byram, sheriff of Nicholas county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county court of Nicholas county be, and is hereby, authorized to pay the claim of Wm. A. Byram, sheriff of Nicholas county, for collecting railroad tax in the years 1869-'70-'71, in said county: Provided, They shall not pay him a greater sum than two hundred dollars per year for said years; said claim shall be allowed and paid as other claims against said county. §2. This act shall take effect from its passage. Approved February 8, 1872. LOC. L.-19 1872. CHAPTER 227. AN ACT authorizing the voters of Mackville precinct, in Washington county, to vote on the proposition whether ardent spirits shall be sold by retail in said precinct. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the sheriff of Washington county shall, on the first Monday in August next, cause a poll to be opened in the town of Mackville, in said county, and a vote to be submitted to the qualified voters of the election precinct in which said town is situated, whether ardent spirits shall be sold by retail in said election precinct; and if a majority of those voting on said proposition should vote in favor of said proposition, then it shall be lawful for the county court of said county to grant license to retail ardent spirits in said precinct as now authorized by general law. § 2. Said election shall be held by the officers who may hold the general election, and the vote shall be compared and certified by the officers authorized to compare the vote for officers of said county. § 3. This act shall be in force from its passage. Approved February 8, 1872. CHAPTER 228. AN ACT to amend the charter of the city of Augusta, in Bracken county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the charter of the city of Augusta, in Bracken City council to County, be, and the same is, so amended as to allow the mayor and councilmen to elect a city attorney, who shall hold his office one year, or until his successor shall be elected and qualified. elect city attorney. attorney. § 2. It shall be the duty of said attorney to prosecute all Duties of city offenses committed within the corporate limits of said city; and appear in behalf of the city in all matters where the city is interested; and shall receive for his services thirty. per cent. of all fines for all violation of the penal laws of the State, and of the ordinances of the city; and in all suits against the city, a reasonable compensation shall be paid him by the said city. 3 In the absence of the city attorney, the mayor shall Mayor may appoint a suitable person to act in his stead, who shall tem attorney in receive the same compensation for his services. appoint pro absence of reg ular attorney. § 4. No person shall be eligible to the office of city atQualifications torney unless he be a lawyer in practice in the Commonwealth, has resided one year in the city of Augusta, and is twenty-one years of age. of city attorney. |