1872. and own elevators, &c. security of money loaned, debts owing, or liabilities that may become due to said bank, and sell the same as provided in an act, entitled "An act for the benefit of the incorporated banks of Kentucky," approved March 16th, 1871. § 11. Said corporation may construct, purchase, or lease May construct such elevators, safes, or warehouses, or may store in the warehouses of other parties, they first giving such bond as the directors of said corporation may require, as may be convenient for storing the agricultural, mechanical, or other products of the country, merchandise or other property that may be pledged to said corporation, upon which advances have been made, or which may have been left with said bank for safe-keeping; for storing and handling such products, merchandise, or other property, said bank may charge a reasonable compensation, and may have all or any part of such articles it may have on storage insured in reliable and solvent insurance companies, and may charge the market rates for such insurance; and shall have a lien, subject to any prior lien that may exist of record, on all such articles to secure the payment of any advances, charges, or other claim on said articles. § 12. A misnomer of the corporation, in any deed, gift, Mistake in or other instrument, shall not vitiate the same, if the corvitiate deed, poration be sufficiently described therein to ascertain the intention of the parties. name not to gift, &c. to pay tax to State. § 13. It shall be the duty of the president, on the first President day of January in each year, to pay into the Treasury fifty cents on each one hundred (100) dollars' worth of stock subscribed, to be a part of the revenue proper of the State, which shall be in full of all taxes or bonus. § 14. It shall not be lawful for said bank to issue any Shall not issue notes or bills to be passed and used as money. motes. capital stock. § 15. The General Assembly shall have power to examine, by any committee they may think proper, the affairs of said bank. 16. This act shall take effect from its passage, and remain in force for twenty years from the time of its approval; but the General Assembly reserves the right to amend, modify, or repeal the same at pleasure. 17. If at any time this corporation shall determine to May increase increase its capital stock as herein provided, such increase shall be subscribed for on the books of said company, shall be actually paid up, and certificate issued therefor, under the same rules and regulations, and in the same manner, as the original stock is subscribed for and taken; and no stock of said corporation shall be issued or placed upon the market by the corporation, except where the same had been subscribed on the books of the company and actually paid in. [This act became a law by reason of the failure of the Governor to return the same within the constitutional period.] 1872. CHAPTER 314. AN ACT to amend and reduce into one all the acts in regard to the town of Columbia. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the limits of the town of Columbia shall ex- Boundary. tend one half mile in every direction from the court-house thereof. § 2. That the prudential, fiscal, and municipal concerns of said town shall be vested in seven trustees, who shall be elected annually on the second Saturday in May, by the legally qualified male inhabitants over twenty-one years of age, who shall have been bona fide residents in said town six months next preceding such election; said trustees, when elected, shall hold their office for the term of one year, and until their successors are elected and duly qualified. No person shall be eligible to the office of a trustee who is not a white citizen of the town, and a qualified elector of this Commonwealth, and authorized to vote for trustees under this act, and who has been a bona fide resident of said town for at least twelve months next preceding his election. Every trustee, before he enters upon the duties of his office, shall take, in addition to the oath prescribed by the Constitution, an oath before some judge or justice of the peace that he will faithfully, and without affection or partiality to any one, discharge the duties of trustee to said town during his continuance in office. § 3. That said trustees shall proceed, after their qualification, to elect one of their number chairman, who shall preside at their meetings, and have power to convene the board when, in his opinion, the interest of the town demands it. It shall be his duty to see that all the ordinances and by-laws of said town are duly executed and put in force. § 4. That said trustees, and their successors in office, shall be a body-politic and corporate, and shall be known by the name and style of "The Board of Trustees of Columbia;" and by that name shall be capable in law of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of answering and being answered, of defending and being defended, in all courts and places, and do all acts, matters, and things, Trusteeswhen elected, & their term of office. Election of president of board of trus tees. Corporate name and corporate style. 1872. May make by laws, rules and regulations. powers. which a body-politic or corporate, having perpetual succession, can lawfully and rightfully do. 5. That said trustees, or a majority of them, shall have power to make and receive all necessary conveyances in relation to said town; and may make such rules and regulations for the government of said town, not inconsistent with the laws and Constitution, as they may deem necesAdditional sary and proper; they shall have power over the streets, alleys, and sidewalks of said town, or which may hereafter be opened, and may direct the improvement of the same in such manner as they may deem most beneficial to the interest of said town; they may fill vacancies in their board until the next stated election; they may levy an annual tax on the males over twenty-one years of age residing in said town, not exceeding three dollars upon the head; and may levy and collect an ad valorem tax upon all the property in said town of not exceeding fifty cents on the hundred dollars; they shall have power to tax auction sales, shows, exhibitions, theatrical performances for money or profit, and bowling alleys within said town, such sum as they, by their by-laws, may declare; they shall have the power to license, regulate, and suppress all tippling houses, and suppress the sale of any spirituous, malt, or vinous liquors, or a mixture thereof, by any and all persons, and to fine all those who may violate their bylaws any sum not exceeding twenty dollars for each offense, except that for disturbance of religious worship, riots, routs, unlawful assemblies, breaches of the peace, keeping tippling-houses, and selling spirituous, vinous, or malt liquors, they may fine any sum not exceeding one hundred dollars, and for keeping a tippling-house for three months, three hundred dollars. The proceedings to enforce such fines and penalties shall be in the name of the Commonwealth of Kentucky, for the use of the trustees of the town of Columbia, before the police judge of said town, or before any justice of the peace of Adair county; they shall have power to declare what are nuisances, and remove the same; they shall have power to organize a fire company, defining their duties, and punishing, by fine, those who shall fail to perform the duties required of them; they shall have power to inflict a fine, not exceeding one dollar, for the failure of any member to attend the meeting of the board; and for good cause (two thirds of the trustees concurring) may remove a member; they shall have full power to pass all by-laws and ordinances necessary for carrying into effect all the powers herein granted, and executing all the provisions of this charter; they may appoint annually a clerk, town attorney, assessor, collector, and treasurer, and take from the two latter bond and good security for the faithful performance of their duties; and for a violation of the same on the part of either of said officers, suits may be brought, and motions made. before any tribunal having jurisdiction thereof, in the same manner, and under the same rules and regulations, that suits are brought and motions made against other officers for a failure of duty; said officers to hold their offices until their successors are appointed and qualified; a majority of the trustees may constitute a board to do business. § 6. The board of trustees shall keep a journal of their proceedings, which, or attested copies of which, from the proper custodian thereof, shall be received as evidence in any of the courts of this State; at the request of a member the ayes and noes on any question shall be recorded; no ordinance shall be passed appropriating money, assessing a tax or fine, or of a penal nature, without the ayes and noes being called and recorded; at the next meeting the proceedings shall be read and signed by the member who presided at the last preceding meeting; if he is not present, by the person presiding when they are read; no member shall vote on a subject in which he has a private interest; upon the refusal of the chairman, any two members may call a meeting; they shall keep an account of all moneys levied, collected, and disbursed, and keep an accurate account thereof for what object each sum is disbursed; their books shall, at all times, be open to the inspection of the citizens of the town. 1872. To make report annual 7. They shall once in each year give a full and fair statement in writing, signed by the chairman, of all sums ly." collected, and all sums disbursed the preceding year, and what for, and of all debts due them or owing by them, which shall be posted up for inspection at three of the most public places in said town. Shall license all stallions, § 8. No stallion or jackass shall stand or be let to mares within the bounds of said town, without first being author- &c. ized so to do by a license from the trustees thereof, and for which they shall pay not less than twenty-five nor exceeding two hundred dollars, designating the place at which he is to stand; but such license shall not permit him to stand at any place now prohibited by law. For a violation of this section, the keeper and owner of such animal, and any and all other persons engaged therein, directly or indirectly, shall be jointly and severally liable to a fine of five dollars for each offense, to be recovered by warrant in behalf the trustees of the town, or by indictment before the grand jury. Fines and forfeitures to be § 9. All fines collected for a violation of the by-laws, ordinances, rules and regulations of the town; all fines re- pald into town covered in any court for violations of this act for offenses committed within the boundary of said town, shall, when treasury. 1872. collected, be paid to the treasurer of the town, and shall form part of the revenue of the town, and may be applied as revenue derived from the general tax within said town. § 10. The board of trustees may establish, lay out, and To have con- extend the streets and alleys within the town limits, and trol of streets, shall have power to contract with the owners of land for such extension, and pay such price as may be agreed on; and in case no agreement can be made, they may proceed to condemn the same under the rules and regulations prescribed for the condemnation of land for turnpike and plank roads. alleys, &c. taverns, &c. 11. The board of trustees shall have a right to tax, May license and the exclusive right to license, all taverns and houses of private entertainment within said town; but no license shall be granted whereby spirituous, vinous, or malt liquors may be retailed, except to tavern-keepers, upon the payment of a tax to be fixed by the board of trustees, of not less than two hundred and fifty and not more than one thousand dollars per year. The privilege to sell spirituous, malt, fermented, or other intoxicating liquors, shall not be implied in any license; but the said board of trustees may, if they deem it expedient, grant such privilege, and if they do grant it, they shall specify the same in license; but they shall not authorize the sale of such liquors in any house except the one in which the tavern is kept. § 12. That no license to keep a tavern, or to vend ardent Term of license spirits in said town, shall extend for a longer or shorter period than one year from the date of the grant. The order granting the license shall state to whom the same is granted, and the place where the tavern is to be kept, and the period for which the license is granted. The board of trustees shall not grant a license to any person to keep a tavern who shall be of bad character, or who does not keep an orderly house; nor unless the board of trustees shall be satisfied that the applicant is prepared with houses, stabling, bedding, and provender, to keep an orderly, lawabiding tavern, and that he is a man of good character. The board shall also be satisfied that the keeping of a tavern at the place proposed is necessary to the accommodation of the public. No tavern license shall be granted to any person until he shall take an oath, in the form of an affidavit, before the board of trustees, which shall be kept as a part of the records of said board, that he intends in good faith to keep a tavern for the accommodation of the public; that the application is not made to keep a grogshop under tavern license; that he will keep an orderly house; will not sell, give, or loan any spirituous or viaous liquors to any person who is at the time acting in a disor derly way, or who is intoxicated; that he will not sell such liquors to any minor, and that he will not violate the law's |