trustees of said town a license so to do; and shall also take an oath, to be administered by the police judge, that he or they will not sell spirituous, vinous, or malt liquors under said license, except for medicinal purposes; nor shall such license be granted until the person applying therefor shall have paid to the treasurer of the town the sum of twenty dollars, and have paid to the State the tax on retail dealers in spirituous liquors. Any person who shall be guilty of an infraction of any of the provisions of this section shall be fined, upon an indictment by the grand jury of Bracken county, the same amount which is now fixed by law for infractions of the laws of this State in regard to taverns, tippling-houses, and venders of ardent spirits by retail; and all fines assessed for a violation thereof shall be paid into the treasury of the town after deducting therefrom the commission now allowed by law to the Commonwealth's attorney in similar cases: Provided, That any person may proceed against any violator of any of the provisions of this section by the same process and in like manner that they could be proceeded against before justices of the peace for a violation of the State law, and recover the same penalties, to be enforced in the same manner that fines are assessed and enforced under the general laws of the State against persons violating the license laws. 1872. Police judge may commit to § 16. The police judge shall have the right to commit persons to the county jail for infractions of the ordinances county jail and by-laws of the town, whenever imprisonment is the penalty inflicted therein; and the trustees of the town shall allow and pay to the jailer the same fees that are now allowed by the general laws of the State for similar ser vices. § 17. At each election of trustees for the town, a vote shall be taken whether license shall be granted or not, in accordance with the provisions of section thirteen; and unless a majority of the legally qualified voters of the town shall vote in favor of granting such license, no license shall be granted by any board of trustees then elected during their term of office. § 18. No ordinance or by-law shall be passed, and no license granted, by the trustees of the town, unless a majority of the trustees shall vote therefor. § 19. The trustees shall have power to cause the removal of persons infected with small-pox from the limits. of the town. § 20. All general laws of the State, not inconsistent with the provisions of this act, shall apply to said town; and all acts heretofore passed in regard to said town, inconsistent with this act, are hereby repealed. At election for trustees, Vote to be taken as to license of liquor selling. 1872. § 21. This act shall take effect and be in force from the passage thereof. Approved March 13, 1872. CHAPTER 491. AN ACT to amend the charter of the Carlisle and Jackstown Turnpike Road Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the charter of the Carlisle and Jackstown Turnpike Road Company, upper route, be, and the same is hereby, so amended as to allow said corporation the right and privilege of extending their road from its southern terminus, on Hinkston, up said river to McCannaughhay's mill, a distance of about one fourth of a mile. § 2. That the presiding judge of Nicholas county may appropriate and donate the sum of two hundred and fifty dollars, out of any fund in the hands of the former sheriff or sheriffs of Nicholas county not otherwise appropriated, in aid of private donations which may be made to construct and make said additional piece of road. §3. This act shall be in force from its passage. Approved March 13, 1872. CHAPTER 492. AN ACT to authorize T. D. Marcum and M. H. Johns to erect a boom across Wolf creek, in Martin county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Thomas D. Marcum and Martin H. Johns be, and they are, authorized to erect and keep a boom across Wolf creek, near its mouth, in Martin county, Kentucky, for the purpose of harboring and securing loose saw-logs; and for each log so secured and harbored they shall be permitted to charge ten cents, which charge shall remain a lien upon such logs so harbored. § 2. This act to take effect from its passage. Approved March 13, 1872. CHAPTER 493. AN ACT to repeal all laws heretofore passed declaring Russell's creek, in Be it enacted by the General Assembly of the Comm nwealth of Kentucky: § 1. That all laws heretofore passed declaring Russell's creek, in Green county, a navigable stream, be, and they are hereby, repealed. § 2. This act shall take effect from its passage. 1872. Approved March 13, 1872. CHAPTER 494. AN ACT to prohibit the sale of spirituous, vinous, and malt liquors within the Crittenden magisterial district, in Grant county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Unlawful to sell liquors in town of Crit tenden. § 1. It shall not be lawful hereafter for the presiding judge of the Grant county court, the trustees of the town of Crittenden, or any other person, to grant a license to any person or persons to sell or vend any spirituous, vinous, or malt liquors within the town of Crittenden, and within the limits of the Crittenden magisterial district, in Grant county: Provided, however, That said authorities may grant to any person whom they shall find to be of good moral character, and a bona fide druggist, keeping a drug store, Druggists may after satisfactory proof, license to sell spirituous and vinous nal purposes. liquors for medicinal purposes only, upon the written prescription of a regular practicing physician for each selling. § 2. It shall not be lawful for any person to vend, sell, loan, or give, within the boundary named in this act, to any person or persons, any spirituous, vinous, or malt liquors in any quantity, except as provided in the first sec tion of this act. sell for medio Penalty for violation of §3. Any person who shall violate the provisions of this act shall, for every separate act, be deened guilty of keep this act. ing a tippling house, and subject to the same penalties pronounced against tippling-house keepers by the laws of this State, and collected as other fines are now collected. itied by voters § 4. This act shall become a law when ratified by a Law to be ratmajority of the voters of sail magisterial district, who of sail town. may vote at an election to be held at the regular voting place in said district on the first Saturday in May, 1872; the result of which vote shall be reported to the county court of said county by the judges of the election, and the LOC. L.-37 1872. judge shall order the same spread upon the minutes of the court. § 5. This act shall take effect from its passage. Approved March 13, 1872. Boundary. CHAPTER 495. AN ACT to amend an act to incorporate the town of Smith's Grove. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That that portion of Warren county included in the following boundary: Beginning at first cattle guard of the Louisville and Nashville Railroad, west of Uriah Rasdall's store; thence east to a point south of Nathan Allen's and Joel Morehead's corner, so as to include the property of the railroad company; thence with Allen's and Morehead's line north to the street between H. T. Arnold's and Sweeney's property; thence west with said street to the county lane; thence with the county lane south to a blackjack, Uriah Rasdall's corner; thence with Claypool and Rasdall's line south to the beginning, shall be incorporated, and known as the town of Smith's Grove; capable of being contracted with, of suing and being sued, and in that name may sue or be sued. 2. That the fiscal, prudential, and municipal concerns Trustees of said town, with the government thereof, shall be vested when elected. in one principal officer, to be styled the chairman of the board of trustees and six trustees, who shall be elected on the first Saturday of April in each year, in the manner hereinafter prescribed, and shall hold their offices until their successors have been duly qualified, all of whom shall have resided in said town one year next preceding their election. of voters. § 3. That on the first Saturday in April in each year, Qualification there shall be an election held by two judges appoint-d by the board of trustees, and a clerk, for a chairman and six trustees. All male persons over twenty-one years of age, who shall have bona fide resided in said town for six months next preceding the time of the election, or shall, at the time, be owners of real estate therein, shall be entitled to vote, naming the persons for whom they vote as chairman and trustees. dection. § 4. Notice shall be given in said town, at two or more Notio of public places therein, of the place at which the election is to be held. The judges and clerk of the election shall, on Monday following the election, meet and deposit the pollbook with the clerk of the board, who, in their presence, shall add up the polls, and give the persons receiving the highest number of votes for chairman and trustees certificates of their election. 1872. Officers to 5. All officers of the town elected by the people, or appointed by the board, before entering upon the duties entering on duof their office, shall take the oath now prescribed by the ties of office. Constitution of the State, and to discharge the duties of their office to the best of their ability. The chairman, police judge, and marshal shall be sworn before a justice of the peace; the chairman may administer the oath to other officers of the town. § 6. All the officers of said town, whether elected by the people or appointed by the board, shall reside and keep their offices within the limits of said town during their continuance in office. Three months' absence from town by the chairman, or either of the trustees, or any officer in said town, shall vacate the office of such absentee by a resolution to that effect adopted by the whole number of remaining trustees; and said board may fill all vacancies occurring by resignation or otherwise, until the first regular election. Qualification of officers. Duties of chairman of tees. § 7. The chairman, when present, shall preside at the meetings of the board, and give the casting vote when bard of trusthere shall be a tie; he shall call the board to order and convene the same when he may think proper; he shall countersign all orders of the board signed by the clerk ; he shall report all improper conduct of the officers appointed by the board to the board in session, who shall I have power to remove them by resolution entered upon their journal; he shall have the care and superintendence of the public property, and shall perforin such other duties as the board may think proper to impose on him as the chief officer of the town; he shall be required to execute bond to said town in an adequate 'penalty, conditioned that he will faithfully pay over and account for all moneys, that may come to his hands, or be placed to his credit að chairman. 4 of cuairman. Meetings and quorum. § 8. The chairman may be compensated for his services Compensation out of the funds of the corporation, to be fixed by the board of trustees, exclusive of the chairman. The chairman, by the advice and consent of the majority of the board, may remit any fine imposed by the ordinances of said town. The regular meetings of the board shall be held on the third Saturday in each month. Four trustees shall be capable of doing business when in session. § 9. The board of trustees shall appoint a clerk, whose duty it shall be to preserve the books, papers, and records, is duties. and everything belonging to the oflice, and to deliver the same to his successor in office on application being made therefor; he shall keep a regular journal of the proceedings of the board, and a correct account of the fiscal con Clerk-how sopointed, and. |