1872. tendent of Public Instruction is hereby directed to pay the same as above set forth. § 2. This act shall take effect from its passage. Approved February 28, 1872. Made unlawful to sell liquors to grant license in Morgantown violation of law. CHAPTER 379. AN ACT to prohibit the sale of spirituous, vinous, or malt liquors in Morgantown, or within one half mile of the corporate limits thereof. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful for the county court of Butler county, or any person, to grant a license to any person or persons to sell spirituous, vinous, or malt liquors in the town of Morgantown, or within one half mile of the corporate limits thereof. §2. That any person or persons who shall sell, give, or Penalty for loan any spirituous, vinous, or malt liquors within the corporate limits of the town of Morgantown, or within one half mile thereof, shall be deemed guilty of keeping a tippling-house, and shall be fined not less than sixty nor more than one hundred dollars for every offense; such fines may be recovered by indictment of the grand jury, or by warrant issued by the police judge of the town of Morgantown, or by the judge of Butler county: Provided, That the provisions of this act shall not apply to any person or persons who may have a license to sell liquors at the date of the passage of this act, until said license shall have expired; nor shall it prohibit druggists from selling, upon the written prescription of a regular practicing physician in good standing in Butler county. license or no li izens. § 3. That the trustees of said town of Morgantown shall Question of cause a poll to be opened in said town at the August eleccense to be tion, in 1872, and the qualified voters in said boundary voted on by cit shall vote upon the question "for or against prohibition' and if a majority of votes cast shall be in favor of prohibition, then this act shall take effect. Said votes shall be taken at the place, and in the manner, of other elections. Approved February 28, 1872. CHAPTER 380. AN ACT authorizing the trustees of Bardstown to levy a tax for the purpose of purchasing a school-house. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the board of trustees of Bardstown may purchase grounds not exceeding five acres, and erect thereon suitable buildings for school purposes, or they may buy for school purposes such grounds, with buildings thereon already erected, as to them shall seem fit; the cost thereof not to exceed five thousand dollars. 1872. Board of trustees may bur school purposes property for May issue bonds to pay § 2. And to enable them to pay for such grounds and buildings, the board of trustees may issue the bonds of the for same. board of trustees of Bardstown, payable at a period not exceeding ten years from date, bearing interest at a rate not exceeding ten per centum per annum, and payable semi-annually. to pay bonds. § 3. To pay said bonds and the interest to accrue there- Shall levy tax on, the board of trustees of Bardstown shall annually levy a tax not exceeding twenty-five cents upon each one hundred dollars valuation of real and personal property in said town owned by the white citizens thereof, or by white persons who may be now residents of said town, to be levied and collected as the revenues of said town are levied and collected. the § 4. But in order to enable the board of trustees to execute the powers herein given, it shall be made the duty of said board to submit to the qualified white voters of said town, at their next election for trustees of said town, question whether said tax shall be levied; and if a majority of the white voters vote for the tax, then the trustees shall be vested with the powers here given; but should a majority of the white voters of said town vote against said tax. then the trustees shall not exercise the powers herein contained. § 5. Said school property, when purchased or erected, to be used for the education of white children exclusively. § 6. The trustees of sail town shall have authority to make all necessary rules and regulations for the good government of said school. § 7. Public notice of the question to be submitted as aforesaid shall be given at least twenty days before the election, by printed uotices posted at the court-house door, and at least twenty other of the most public places in said town. § 8. This act shall be in force from its passage. Approved February 28, 1872. LOC. L.-28 1872. Trustees. CHAPTER 381. AN ACT to incorporate the town of Kingston, in Madison county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the town of Kingston, in Madison county, is hereby incorporated, and its municipal affairs shall be Town incor- vested in three trustees, who shall be elected annually on porated. the second Monday in May, by the legally qualified voters of said town. The said trustees, and their successors in office, shall hold their offices for one year, and they shall be a body-politic and corporate, known by the name and Name and style of the "Trustees of the town of Kingston;" and by that name shall be capable of contracting and being contracted with, suing and being sued, and pleading and being impleaded with, in all the courts of this Commonwealth; and before entering upon the discharge of their duties, they shall each take an oath before a justice of the peace that they will faithfully, and without partiality to any one, discharge their duties as trustees while in office. style. trustees. § 2. The first election of trustees under this act shall Election of take place on the second Monday in May, 1872, after a written notice set up at four of the most public places in the town of Kingston, at least ten days before the election; and Thomas E. Gates, Whitfield Moody, John W. Stivers, A. Barnett, and Wm. A. Coffey, or any three of them, are hereby authorized to hold said election; and the three persons receiving the highest number of votes shall be declared by said judges to be duly elected trustees. Trustees to lay Within sixty days after the first trustees are elected and off said town. qualified, they shall proceed, with the assistance of a surveyor, to lay off the corporate limits of said town, which shall not exceed one mile square; and within five days after it is so laid off they shall cause to be recorded in the clerk's office of the Madison county court a complete map of said town. trustees. 3 The said trustees shall select one of their number Powers of chairman, who shall preside at their meetings, and have power to convene the board; and they shall have power to levy a tax of not more than one dollar on each poll within its corporate limits, and a tax of not more than twenty-five cents on each one hundred dollars' worth of property in said town subject to taxation; and all forfeitures and taxes collected under the laws of said town shall be paid into the treasury of said town, to be used by the trustees for the public good thereof. § 4. That on the same day that an election is held for trustees, there may also be held, once in every two years, an election to select a police judge and town marshal for said town; and said police judge and town marshal shall qualify and give bond; and the police judge shall have the same jurisdiction in civil cases that a justice of the peace has, and the same power and jurisdiction in criminal cases given by general law to such officers. 1872. of voters and § 5. Trustees authorized by this act must reside within Qualification the town limits; but persons who reside outside the town trustees. limits, but own property in the town, shall have the right to vote in all elections. § 6. In all matters not inconsistent with this act, the general law relating to towns in chapter one hundred of the Revised Statutes of Kentucky shall apply to the said town of Kingston. § 7. This act shall take effect from its passage. Approved March 4, 1872, CHAPTER 383. AN ACT to incorporate the Paducah and North Ballard Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Corporation created. §1. That a company is hereby incorporated and created a body politic, with perpetual succession; and by the aforesaid name may contract and be contracted with, sue and be sued, answer and be answered, &c.; with power to acquire, hold, use, and possess all such real and personal estate as may be necessary or convenient to construct a road from Paducah to Woodville, with power to branch to Hinkleville or Metropolis, or both, whenever the president and directors of said road may see proper and deem it expedient to do so; and said company may May make bymake and ordain all such rules and by-laws as may be laws, &c. proper for the construction or repair of said road, and the management of its prudential and financial concerns. § 2. That the width of said road shall not be less than Width of road. forty-five feet at any point, and the artificial part of gravel, stone, or plank shall be fixed by the directors, as also the grade of said road; and said co.npany shall have the right to construct bridges over the different creeks crossing said road. gates and col § 3. After three (3) miles of said road shall have been May erect tollcompleted, said directors may establish a toll-gate at such fect tolls. point on said road as they may think right; and may thereafter, as the road is completed, establish other tollgates, at intervals of tour (4) miles or more, as the directors may determine, and apply the tolls, after deducting a sufficient amount to keep the finished part of the road in order, to the further construction of the road, or they may distribute the same as dividends to the stockholders. At all of said gates the rates shall be prescribed by the 1872. right to en directors, not to exceed the rates fixed by the Revised Statutes. § 4. The president and directors, or their engineer, shall May have have the right to enter upon any lands, and survey out demn lands, &c. said road, and examine any gravel pits or timber necessary for the construction and repair of same, on any lands adjoining or near said road; and if no satisfactory agreement can be made with the owner for same, the president and directors, or a majority of them, may, by order, apply to the circuit court clerk of the county where the land lies, upon which the gravel or timber is situated, or the part of the road in regard to which the right of way is refused, whose duty it shall be to issue a writ of ad quod damnum to assess the damages which any such dissatisfied owner of any such land, gravel beds, or timber shall sustain; and the jury shall take into consideration, in assessing the damages, the advantages and disadvantages of said road. Said writ shall be directed to the sheriff of said county, and he shall, in five days after the writ, summon a jury of twelve men, qualified under the law as petit jurymen in civil suits, and each party shall have three challenges peremptory; said sheriff shall swear the jury, after they are selected, as they are directed to be sworn in other cases of writs of ad quod damnum, preside during the trial, issue subpoenas, swear witnesses, and decide all points of law presented on the trial, and shall return the writ to the circuit court clerk, with the verdict of the jury; and the said company, upon payment of the sum fixed in the verdict to the party claimant, his agent or attorney, or if he has no agent, by paying it to the clerk of said court for said claimant, or by tendering it to either of said parties, shall be vested with the right of way, and to control and use all gravel beds and timber so condemned as aforesaid. Either party may, within two days after the return of the writ, file exceptions as to the error in the amount assessed, and the clerk shall docket said exceptions as other cases at common law; but the said company shall not, in the meantine, be hindered in the prosecution of their work by the pendency of the exceptions after a tender; but may proceed and have all the rights to the same extent as if said sum had been accepted. The party who fails in sustaining his exceptions shall pay the costs, for which execution shall issue as in other cases; but the road shall pay the cost incurred on the trial of the original writ in the county. The rule laid down in Revised Statutes in regard to the selection of jury men, in section seven, chapter eighty-four, article one, shall apply in all cases arising under this act. Commissioners' names. § 5. E. P. Jacob, C. Menard, W. H. Wilson, Robt. Muldrow, Juo. Sennott, Morris Maxon, Dr. Royster, Dr. G. W. |