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1872.

CHAPTER 434.

AN ACT to amend an act, entitled "An act for the benefit of the citizens of
Jackson county, in relation to the Wilderness Turnpike Road."

Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That no citizen of Jackson county shall be required to pay toll at any gate on the Crab Orchard branch of the Wilderness Turnpike Road, between John Pittman's and the Livingston Depot of the Louisville and Nashville Railroad.

§ 2. This act shall be in force from its passage.

Approved March 6, 1872.

CHAPTER 436.

AN ACT for the benefit of Merrill Hardin.

WHEREAS, Merrill Hardin, of Garrard county, paid to John L. Slavin, sheriff of said county, on the 6th day of November, 1866, the sum of $4,084 56, being the purchase price for a tract of land sold by said sheriff under an execution from the Franklin circuit court, in favor of the Commonwealth against James L. Anderson, defaulting sheriff of said county, for the revenue for the year 1865, and said Slavin having paid said amount to the Auditor of Public Accounts, less his commission; and whereas, the judgment upon which said execution issued has been reversed by the Court of Appeals, and decided to be absolutely void; and whereas, there are superior and bona fide liens upon said land for an amount exceeding its value, and it is but justice that said Hardin shall have the money refunded him so paid; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Auditor of Public Accounts be, and he is hereby, empowered and directed to draw his warrant on the Treasurer of the State for the sum of four thousand and eighty-four dollars ($4,084 56) and fifty-six cents in favor of said Merrill Hardin, and the Treasurer is directed to pay the same out of any funds not otherwise appropriated.

§ 2. This act to take effect from and after its passage.

Approved March 6, 1872.

1

CHAPTER 437.

AN ACT for the benefit of George W. Brown, of Letcher county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That George W. Brown be, and he is hereby, permitted to build and erect a mill-dam across the North Fork of the Kentucky river, near his house, about three and one half miles below the town of Whitesburg, in Letcher county; said mill-dam not to exceed six feet in height.

§ 2. This act shall take effect from and after its passage.

1872.

Approved March 6, 1872.

CHAPTER 438.

AN ACT to authorize Lorenzo Dow Clark, sr., to erect a mill-dam across
Big Mud creek, in Floyd county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That Lorenzo Dow Clark, sr., be, and he is hereby, authorized to erect a dam across Big Mud creek, in Floyd county, not to exceed six feet in height, to be attached to any grist and saw-mill which he may build on either side of said creek, on his own land, at or near the house now occupied by William Greer: Provided, That said Clark shall build a good flood-gate at or near the centre of said dam, large enough to let all saw logs pass through: And provided further, That said flood-gate shall be open during a flood or high water, free of charge to all persons who own saw-logs above said dam, and desire to pass them through said flood-gate.

§ 2. This act shall take effect and be in force from its passage.

Approved March 6, 1872.

CHAPTER 439.

AN ACT to amend an act, entitled "An act to protect small game in Lewis county, and to amend the amendments thereto."

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That none of the provisions of the said act shall apply or be in force for the offense of pursuing, hunting, catching, killing, or in any manner destroying or injuring the birds and game in said act mentioned, unless the

1872.

owners of the lands upon which such acts or offenses were committed have previously thereto had their names, and a description of their said land, recorded in a book to be kept for the purpose in the clerk's office of the county

court.

§ 2. The county clerk for his services in entering the name of the land-owner, and a description of his land, shall be allowed a fee of fifty cents, to be paid by the party thus entering his name.

§3. This act shall apply only to Daviess and Lyon counties, and take effect from its passage.

Approved March 6, 1872.

CHAPTER 440.

AN ACT to prevent the sale of spirituous liquors at retail in the Peak's
Mill voting precinct, in Franklin county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That hereafter it shall not be lawful for any person to sell spirituous liquors at retail in the Peak's Mill voting precinct, in Franklin county.

§ 2. This act shall take effect from and after its passage.

Approved March 6, 1872.

CHAPTER 441.

AN ACT to prevent the sale of spirituous liquor within one mile of East
Hickman Baptist Church, in Fayette county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That it shall be unlawful for any person to sell spirituous, vinous, or malt liquors, in any quantity, within one mile of East Hickman Baptist Church, in the county of Fayette.

§ 2. Any person violating the provisions of the first section shall, upon conviction thereof, be fined not less than fifty nor more than two hundred dollars.

3. This act to take effect from its passage.

Approved March 6, 1872.

CHAPTER 442.

AN ACT for the benefit of Gilead Presbyterian Church, in Bath county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That Lewis Hardin and Jas. Workman, the surviving trustees of Gilead Presbyterian Church, in Bath county, be, and they are hereby, authorized and empowered to sell and convey the real estate belonging to said church, and to reinvest the proceeds of such sale in the purchase of another lot in the same neighborhood, for the purpose of erecting a new church, and the establishing of a cemetery for the same congregation.

§ 2. That this act to take effect from and after its passage.

1872.

Approved March 6, 1872.

CHAPTER 443.

AN ACT to prohibit the sale of ardent spirits in Morgan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That from and after the passage of this act it shall be unlawful for any person or persons in the county of Morgan, to sell, vend, loan, or barter, in any manner, either whisky, brandy, rum, gin, wine, ale, lager beer, or the mixture thereof of either, or any kind of ardent, vinous, malt, fermented, or intoxicating liquors, in any manner whatever, or of any kind whatever, in any quantity less than ten gallons.

2. That any person or persons violating the provisions of the first section of this act shall be liable to all the pains and penalties prescribed by existing laws against keeping tippling-houses, retailing ardent spirits, or the sale and vending of ardent spirits; and it shall be the duty of the circuit judge of Morgan county to give this act specially in charge to the grand jury of said county at each term of its circuit court.

3. That nothing in this act shall affect the rights possessed by distillers under existing laws.

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§ 4. This act shall take effect from its passage.

Approved March 6, 1872.

1872.

district.

CHAPTER 444.

AN ACT to incorporate the district of Hayfield, in Campbell county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That so much of the county of Campbell as may be Boundary of embraced within the following boundary, viz: beginning at the mouth of Four Mile creek, on the Ohio river, in the county of Campbell; thence up said creek, with its meanders, to a stake in the upper line of Blan farm; thence along said line, and in the direction of Blanke's Mill road with the Ten Mile road, at or near Smith's farm; thence down said Ten Mile road to the Ohio river; thence down the Ohio river at low water mark to the mouth of Four Mile creek, the place of beginning, is hereby established as a separate justices' and election district in said county, and the inhabitants thereof are created a body-politic and corporate, by the name and style of the district of Hayfield, in Campbell county, for the purposes hereinafter mentioned.

and constable to be elected.

2. Two justices of the peace and one constable shall Two justices be elected for said district by the qualified voters thereof, at the times and in the manner and having the qualifications required by the Constitution and laws of this Commonwealth; and all elections for said district shall be held at such a place in said district as the trustees thereof may, from time to time, designate. Notice of the place of election shall be posted up in four public places in said district, at least fifteen days before an election.

Trastees

when elected &

tarm of office.

eat officers.

§ 3. The government of said corporation shall be confided to a board of seven trustees, having the qualification of owners of real estate within the limits of said district, who shall be chosen annually, on the first Monday in August in each year, by the qualified voters within said district, who shall serve for one year, and until their successors are elected and qualified; and until the first election, George Moscher, Anthony Pfeiffer, Peter Young, U. P. Degman, Peter Engweiler, T. H. Berry, and Chas. B. Anderson, and such qualified persons as they may appoint to fill vacancies, are empowered, after being sworn according to the Constitution and laws, to act as such trustees.

§ 4. The trustees shall have power to select one of their Trustees to own number as chairman, who shall preside at their meetings, and in case of his absence, a chairman pro tem.; they shall elect a clerk, treasurer, and other corporation officers during their pleasure, and appoint such policemen for the district as they may deem proper, and remove them at pleasure, and appoint others in their stead; they may meet at such times and places as they may see fit, or as their chairman may appoint; and a majority of them shall be a quorum to do business; they shall keep a record of their

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