1872. CHAPTER 350. AN ACT for the benefit of W. B. Stivers, school commissioner of Madison county. WHEREAS, W. B. Stivers, common school commissioner of Madison county, failed in the year 1871 to retain, in thirty school districts of said county, two dollars from the school fund of each district to pay for Collins' Historical Sketches of Kentucky, as required by law, but used the whole of said school fund for educational purposes, and will have to advance sixty dollars out of his private and individual means without appropriate legislation; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That W. B. Stivers, school commissioner of Madison county, is hereby allowed to report to the Superintendent of Public Instruction the districts in which he failed to retain the amount required by law to be retained in 1871 to buy said Collins' Historical Sketches, and when the report is made, the Superintendent shall transmit it to the Auditor of this State, and the Auditor shall draw his warrant on the Treasurer, in favor of said W. B. Stivers, for the sum of sixty dollars: Provided, however, That this sum shall be paid out of the surplus bond fund of Madison county. § 2. This act shall take effect from its passage. Approved March 2, 1872. Boundary. when and how elected. CHAPTER 351. AN ACT to incorporate the town of Montgomery, in Trigg county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the town of Montgomery, in Trigg county, be, and the same is hereby, incorporated, with the following boundaries: beginning at the Montgomery Academy, including same; thence on a straight line to, and including, J. C. Robertson's residence; thence to R. R. Gaines', including Samuel Roach; thence to R. E. Morgan's; thence to J. C. Wooldridge's, including his improvements; and thence on a straight line to the beginning. §2. That there shall be three trustees elected annually, Trustees on the first Saturday in May, for said town; that said trustees and their successors in office shall be a body-politic and corporate, and known by the name and style of the Corporate trustees of the town of Montgomery; and by that name be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, in name & style. all courts in this Commonwealth; and said trustees may 1872. have and use a common seal, and shall have all the powers Corporate powand privileges, and be subject to all the duties and liabili- ers. ties, as is provided by general law. § 3. The trustees of said town shall have power to levy May levy taxes a tax of not more than one dollar on each poll within its corporate limits, and a tax of not more than twenty cents on each one hundred dollars' worth of property in said town subject to taxation; and all fines and forfeitures for a violation of any of the ordinances or by-laws of said town shall be paid into the treasury of said town, to be used by the trustees for the public good. Police judge and marshalwhen elected & § 4. That on the same day set apart for the election of trustees of said town, there shall be held an election once in every two years, for the purpose of electing a police their powers. judge and town marshal for said town; and said judge and marshal shall qualify and give bond, and shall be clothed with all the usual powers and privileges delegated to such officers; and they shall be governed and controlled by all laws made binding upon such officers. County court to appoint un § 5. The county court of said county may appoint trustees, police judge, and town marshal, to hold their offices til election. until the first election and qualification of their successors. § 6. That the board of trustees of said town may grant license to persons to keep a coffee-house, and retail spirituous liquors, upon the payment of such sum of money as they may deem proper, not to exceed one hundred dollars, which sum, when paid, shall go into the treasury of said town: Provided, however, That bond shall be executed in the county court, and the State tax paid, as now required by law. 7. This act to take effect from its passage. May license taverns, &c. Approved March 2, 1872. CHAPTER 352. AN ACT for the benefit of Wm. Cummins and his sureties. WHEREAS, The Franklin circuit court, at its February term, 1871, rendered two judgments against Wm. Cummins, late sheriff of Whitley county, and his sureties, for the balance of the revenue due from said county for the years 1869 and 1870; and whereas, the judgment for the revenue of 1869 has been paid in full, including $38 78 damages, and the judgment for revenue of 1870 has all been paid except $141 53, and the damages; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Wm. Cummins and his sureties are hereby released from the damages assessed against them upon the 1872. revenue due from said county for the years 1869 and 1870. § 2. That the judgment against said Cummins and his sureties, for the revenue of 1870, shall be credited with the $38 78 damages paid by them on the revenue for 1869: Provided, Said Cummins and his sureties shall, by the first of July, 1872, pay into the Treasury the balance of said judgment, including interest, cost, and Attorney General's fee. § 3. That this act shall take effect from its passage. Approved March 2, 1872. CHAPTER 353. AN ACT to amend an act, entitled "An act to incorporate the Mt. Sterling and Spencer Creek Turnpike Road Company," approved May 24, 1861. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the president and directors of the Mt. Sterling and Spencer Creek Turnpike Road Company shall be, and are hereby, empowered, a majority of said board of president and directors concurring, to execute a mortgage, conveying said road, with all its franchises, rights, and privileges, to secure the payment of moneys borrowed by said road company, or by others for its use. § 2. The mortgage hereby authorized shall not be executed until there has been an order made on the records of said company directing it. If ordered, it shall be executed by the president of said company, and on its acknowledgment by him shall be recorded in the Montgomery county court clerk's office, together with a copy of the order of said president and directors directing the execution of said mortgage. Copies of said mortgage and order, certified by the clerk of said court, shall be evidence in all the courts of this Commonwealth. § 3. The Montgomery circuit court shall have jurisdic tion of any action instituted for the foreclosure of said mortgage. The said court shall, on the trial of any such action, determine whether a sale of said road, and its rights and franchises, is necessary for the payment of the debts of said road company, in a reasonable time; and if said court is satisfied that such sale is proper, the same shall be ordered as in other cases of liens. § 4. The purchaser under any sale made under this act shall be required to maintain and keep said road for the purposes, and in the same manner as said company is now required to do by the act of incorporation, and the said purchaser shall be liable for all penalties incurred for violations of the charter and of the laws after posses sion is given under the sale. The purchaser shall also succeed to and have all the rights and privileges now enjoyed and possessed by said road company. 5. This act to take effect from its passage. 1872. Approved March 2, 1872. CHAPTER 354. AN ACT for the benefit of Solomon Tingle, of Henry county. WHEREAS, It appears that Elijah Vest, a person of unsound mind, was, by the order of the Henry county court, directed to be confined in the Eastern Lunatic Asylum at Lexington; and this institution having already more than its complement of patients at that time, and the superintendent in consequence refusing to receive said Vest; an it further appearing that the county court did order Solomon Tingle, jailer of said county, to take, confine, and otherwise treat and provide for said patient; which order said Tingle did faithfully perform from the 8th day of August, 1871, until the 12th day of October, 1871; and upon the presentation of his account to the circuit court, the same was allowed at the rate of two dollars ($2) per day, and seventy-five cents for committing and releasing the patient; but on presentation, the Auditor refused to pay the same for want of authority of law; and it appearing further that said Tingle kept said Vest ten days after said circuit court had adjourned; and whereas, it appears that Thomas Jenkins (a man of color), of unsound mind, was, by the order of the same court, directed to be confined in the Eastern Lunatic Asylum at Lexington; and said institution having already more than its complement of patients at that time, and the superintendent in consequence thereof refusing to receive him; and it further appearing that the judge of the county court did order and direct Solomon Tingle aforesaid to take, confine, treat, and otherwise provide for said Thomas Jenkins; which order said Tingle did faithfully perform for eight days; therefore, Be it enacted by the General Assembly of the Commonwealth. § 1. That the Auditor of Public Accounts be, and he is 2. This act to take effect from and after its passage. LOC. L.-27 1872. CHAPTER 355. AN ACT to require the clerk of the Louisville chancery court to make s cross-index to suits and cross-suits in said court, and continue the same. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the clerk of the Louisville chancery court shall cause to be made out a cross-index of suits brought in the Louisville chancery court since the day of 1862; and he shall also cause to be made an index and cross-index of cross-suits brought and made in said court since the same date. § 2. That said clerk shall receive for said work a reasonable compensation, to be fixed by the judge of said court, and to be apportioned between, and paid by, the city of Louisville and the county of Jefferson, in the same ratio in which other court expenses have heretofore been apportioned and paid. 3. That indexes and cross-indexes to suits, and indexes and cross-indexes to cross-suits in said court, shall be kept hereafter. § 4. For every failure to index or cross-index any suit or cross-suit brought in said court hereafter, the said clerk shall be fined ten dollars in said court; and shall, in addition thereto, be liable to any person injured thereby to the full extent of such injury. § 3. This act shall be in effect from its passage. Approved March 2, 1872. CHAPTER 356. AN ACT to amend an act, entitled "An act to prevent justices of the peace in Kenton county from holding inquests in certain cases," approved March 22, 1871. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the act, entitled "An act to prevent justices of the peace in Kenton county from holding inquests in certain cases," approved March 22, 1871, be, and the same is hereby, so amended, that the provisions of said act shall not apply to the third, fourth, and fifth justices' districts in the county of Kenton; but the justices in said districts shall have the same power to hold inquests as if said act had never been passed. § 2. That this act shall take effect from and after its passage. Approved March 2, 1872. |