common school commissioner of Lewis county, to be by § 2. This act shall take effect from and after its pas- 1872. Approved March 12, 1872. CHAPTER 490. AN ACT to amend and reduce into one the several acts incorporating the Be it enacted by the General Assembly of the Commonwealth § 1. That the town of Brookville, in Bracken county, Boundaries. Kentucky, shall be bounded as follows, viz: Beginning at a whiteoak tree at the end of Powell street, standing in the line of what was known as Thompson and Woodward's line, twenty poles from the Brookville and Augusta Turnpike Road; thence north twenty-eight and one half degrees west forty-eight poles to a stone near a large spring; thence north sixty-one degrees east seventyone poles to a stone; thence south forty-one degrees and forty-eight minutes east one hundred and fifty poles to a stake near a grave-yard; thence south sixty-one and one half degrees west one hundred and thirty-three poles to a stone; thence north fifty-five and one half [degrees] west sixty-six and one-half poles to a stake, corner to Linn and Tarleton, on Joel Woodward's line; thence on said line north thirty-five and three fourths [degrees] east twentyfour poles to a stone near the old tan-yard; thence up a small drain with Woodward's line north twelve degrees east fifteen poles, north twenty-four degrees east twelve poles, north forty-three degrees east twenty-one poles, to the beginning. Election of trustees. § 2. That the fiscal, prudential, and municipal concerns of said town shall be vested in four trustees, who shall be elected on the first Saturday in April in each year by the legally qualified voters who have resided therein for six months previous to said election, and who have paid up all taxes and arrears due from them to said town; which said trustees shall hold their offices for the term of one Term of office. year, and until their successors shall be elected and quali 1872. Oath of office. fied; that said trustees, before they enter upon the duties of their office, shall take an oath before some person authorized by law to administer oaths, that they will, without favor or affection to any one, discharge the duties of trustees to said town during their continuance in office. That in case a vacancy shall occur in said board of trustees, the board, or a majority of those then being trustees, shall have power to fill said vacancy; that no person shall Qualification be a trustee who is not a legally qualified voter under this charter in said town, and who has not resided therein for twelve months next preceding his election or appoint Vacancy. of trustees. powers. ment. § 3. That the said trustees, and their successors in office, Corporate shall be a body politic and corporate, and shall be known by the name and style of the "Board of Trustees of the town of Brookville;" and by that name shall be capable in law of contracting and being contracted with, suing and being sued, pleading and being impleaded, of answering and being answered, and of defending and being defended, in all courts and places; and may use either a common or private seal, and do all other matters and things which a body-politic and corporate, having perpetual succession, may rightfully do. § 4. That the board of trustees shall have power and Clean streets. authority to clear the streets and alleys, sidewalks, and passways in said town of all obstructions; to remove Abate nuisance and cause to be removed and abated any nuisance in said town; and to regulate and prohibit the storage of any explosive, combustible, or unwholesome material, which they may deem dangerous to the safety of the persons, health, or property of the citizens of said town, or which may tend to diminish the comfort of the citizens, or the security of their property. They shall have exclusive control over the streets and alleys of said town, which are designated on the plat of the town as recorded in the office of the clerk of the Bracken county court; and may May open new open new streets and alleys in said town, as the necessities of the citizens may require, upon the payment to the owners, or their representatives, the value of the land taken therefor, and all such damage as may be occasioned to the owners by opening said streets and alleys, to be Mode of assessed by a jury of freeholders of the county, not citizens or owners of property in said town, and of no relation to the owners of the land taken, who shall be governed by the laws in relation to the opening of public roads in said county of Bracken, and take the same oath; and for this purpose the police judge of said town shall, upon the requirement of the board of trustees, issue a summons against the owners and occupiers of the premises through which it is sought to open a street or alley, streets. conde m n ing streets. 1872. summoning them to appear, on a day to be fixed in the summons, to show cause why the same should not be opened, at which time the trustees may hear such proof of the necessity for the opening thereof as may be adduced by either party; and should they determine to open the same, the police judge shall issue a writ of ad quod damnum, directed to the sheriff of Bracken county, who shall proceed thereunder as he is required to do in the opening of public roads; and upon the return of said writ the trustees shall open said streets or alleys, or not, as may seem best to them, upon the payment of the damages and value of the land found by the jury in their verdict: Provided, That either party may have the right of appeal to the circuit court for Bracken county, and from thence to the Court of Appeals. The said trustees shall have power to require the owners of real property to remove and keep free the streets, alleys, and Sidewalks. sidewalks in front of their property, from dirt or filth; and may require the said owners to make and keep in repair the sidewalks in front of their property; and in case of their failure to make or repair the same in the time and manner as required, the trustees may cause the same to be done, and recover the value thereof from the owners of the lots, by action in their name before the Bracken quarterly or circuit courts, and shall have a preferred lien upon the said property for the payment thereof. They may cause any chimneys, flues, fireplaces, or stove-pipes, which, in their judgment, may threaten the security of property, to be changed or repaired, so as to remove the cause of danger or insecurity. They may cause shade or ornamental trees to be planted along the streets or public grounds, and protect the same by inflicting fines for their injury, to be collected by proceedings before the police judge. They shall have power to erect public scales, appoint a weigher and fix his fees; and to appoint a measurer of fire-wood, prescribe his duties, and fix his fees. They shall have power to acquire and hold the title to any quantity of ground within said corporate limits of Bracken county for a cemetery, and control, govern, and ornament the same. They shall have power to make all such rules, regulations, and ordinances for the good government, peace, and security of said town, and for the proper and due execution of the powers herein conferred, as may be necessary, and enforce the same by penalties not inconsistent with the Constitution of Kentucky. They shall have power to levy and collect a poll-tax, not exceeding two dollars and fifty cents on ad valorem. each tithable, resident in said town; and also an ad valorem tax of not exceeding twenty cents on each one hundred dollars' worth of taxable property within said Trustees may levy poll-tax a 1872. town, which is now, or may hereafter be, taxable under the revenue laws of this State. § 5. The trustees shall have power specially, in addiSpecial powers. tion to the other powers granted in this charter-1st. To borrow money on the credit of the town, and pledge the revenues for the payment thereof, and to execute bonds ` of the town therefor; 2d. To prevent, abate, and remove nuisances at the cost and expense of the owners or occupiers, or of the parties upon whose ground they exist, and to define and declare, by ordinance, what shall be a nuisance within the limits of the town, and punish, by a fine, any person for keeping, causing, erecting, committing, or permitting a nuisance; 3d. To construct and keep in repair sewers, culverts, and bridges, and grade, open, pave, macadamize, and keep in repair the streets and alleys of the town; 4th. To erect market-houses, establish market places, and provide for the government and regulation thereof, and appoint inspectors of the articles sold therein, and to provide for the destruction of stale and unwholesome meats, vegetables, or other provisions, and provide for the enforcement of any rules and regulations made by them in relation thereto by fine, not exceeding ten dollars; 5th. To provide for the prevention of training or breaking of horses, or exhibiting stallions in the public places or streets of the town; 6th. To tax all shows or exhibitions for money within one mile of the town, or within one mile of the corporate limits thereof; 7th. To license, tax, and regulate auctioneers, gift stores, peddlers, and to suppress gaming, drunkenness, gambling-houses, immoral, indecent, licentious, or vulgar shows and exhibitions of all kinds, and to suppress disorderly houses; 8th. To provide for the removal from the town, or the killing, of mischievous or vicious animals, and for punishing, by fine, the owner or keeper of such animal for allowing them to run at large; May appoint 9th. To prevent, by fine and confiscation, any person from permitting hogs from running at large within the town; 10th. The board of trustees shall have power to appoint or employ an attorney to prosecute for and on behalf of the trustees all prosecutions in which the board may be interested, and to allow him a reasonable compensation therefor. attorney. and marshal to be elected. § 6. A police judge and town marshal shall be elected Police judge by the qualified voters of said town of Brookville, each to hold their offices for the term of two years, and until their successors are elected and qualified. That immediately after the election, the clerk of the trustees shall make out and certify to the Governor of the State the name of the person who has received the highest number of votes for police judge, which shall be sworn to before some judge of a court or justice of the peace, whereupon the Gov ernor shall cause a commission to be issued to him as police judge of the town of Brookville for two years, and until his successor is duly qualified. § 7. The police judge shall have jurisdiction within said town, and in the county of Bracken, concurrent with justices of the peace of all causes, civil, criminal, or penal; he shall have the jurisdiction now given by law to two justices of the peace in penal and criminal causes, and shall proceed in the same manner that justices of the peace are required to proceed in such cases. He shall have full power and authority to require bail, and receive the acknowledgment and execution of recognizances of bail, in all cases originating before him in which bail is or may hereafter be authorized or required by the law of the land; and such recognizances shall be taken in such form and be returned in such manner as is or may be prescribed by the several laws authorizing or requiring bail; he shall be a conservator of the peace, and have jurisdiction over misdemeanors, affrays, assaults and batteries, riots, routs, breaches of the peace, unlawful assemblies, and all cases of indecent or immoral behavior or conduct, calculated to disturb the peace and dignity of said town; over all cases of drunkenness, running horses, fast driving, profane swearing, firing guns or pistols, making report by burning powder, matches, crackers, torpedoes, or otherwise, blowing horns, flying kites, crying aloud by day or night, and all other rio'ous conduct whatever within said town, all of which are hereby declared to be misdemeanors; he shall have jurisdiction of all offenses or causes arising out of the by-laws and ordinances passed by the board of trustees for the enforcement of the powers granted them by law; he shall have the power to order the marshal to summon a jury in any case cognizable before him, when a jury would be required before a circuit court or justice of the peace; and in all cases when the amount of the fine is not or may not be fixed by law, the same shall be ascertained by the verdict of a jury; he shall have power to issue summons for witnesses in cases pending before him; upon their failure to attend, may award compulsory process to compel their attendance; he shall have power without the intervention of a jury to fine and imprison for contempt, provided the fine does not exceed ten dollars, nor the imprisonment twelve hours; it shall be lawful for him to take depositions, and certify the same when they are to be read as evidence in any cause pending in any court in this Commonwealth; he shall have full power and authority to grant injunctions, restraining orders against absent defendants, writs of ne exeat and habeas corpus, under the same rules and regulations prescribed by the several acts authorizing certain justices of the county court to grant injunctions, writs of ne , 1872. Powers of police judge. |