1860. take oath. offices for one year, and until their successors are elected and qualified, the first Monday of March. The polls of the election of police judge and town marshal, shall be returned to the county court of Breckinridge county at its first term after the said election, and said county court shall certify the result of the election, so far as the police judge is concerned, to the Governor of Kentucky, whose duty it shall be to issue a commission for the person elected to the office of police judge, who shall be a judicial officer, and styled the "Police Judge," of the town of Cloverport. § 12. The police judge, before he enters on the duties Police judge to of said office, shall take an oath before some justice of the peace or judicial officer of Breckinridge county, to faithfully discharge the duties of said office to the best of his ability, without favor or affection, and without partiality to either party; together with such other oaths as other public officers are required to take by the law and conHis duties, &c. stitution. The said police judge shall have jurisdiction within said town and the town district of all civil causes to the extent that justices of the peace now have or may hereafter have in this State; and shall have the same jurisdiction of crimes and misdemeanors committed within said town and town district as two justices of the peace now have; and shall have full jurisdiction within said town of all offenses committed against the bylaws and ordinances of said town; and shall have exclusive power to enter judgments and issue executions for all fines and penalties for such offenses; he shall have power to grant attachments and to try the same, for any amount not exceeding fifty dollars; he shall have power to grant attachments to any amount, and to the same extent that the clerk of the circuit court is now authorized by law to grant: Provided, That all attachments for sums over fifty dollars shall be returned by him to the Breckinridge circuit court; he shall have power to issue injunctions and writs of ne exeat to the same extent that the county judge now has. It shall be the duty of said police judge to keep a record of his proceedings, copies of which shall be evidence to the same extent and for the same purposes that copies of justices' records now are; he shall have power to issue subpoenas for witnesses, or other process to compel the attendance of witnesses before him, and to punish all contempts against his authority by fines not exceeding five dollars in each case; he shall have power to order the marshal or other officer to summon a jury in cases cognizable before him where a jury is required by law; he shall have power to take and certify depositions as justices of the peace and examiners now have, which shall be allowed to be read as depositions are now allowed to be read which are taken and certified by such justices or examiners; he 1860. Fees of polica shall be allowed and entitled to the following fees, viz: § 13. Appeals from all judgments rendered by said police judge, in civil cases, shall be allowed to any party, under the same rules and regulations, and to the same tribunals, as appeals are now allowed from justices of the peace in like cases. § 14. The marshal shall have the same powers, and perform the same duties, and be liable to the same penalties, that constables of this Commonwealth are now by law, or may hereafter be authorized to perform or be subject to; and said marshal, before he enters on the duties of his office, shall take an oath for the faithful performance of his duty in the county court of Breckinridge county; and shall execute and acknowledge bond, with good and sufficient surety, to be approved by said county court, in a penalty of not less than three thousand dollars, payable to the Commonwealth of Kentucky, with similar conditions of constables' bonds as are now required by law, and the same may be put in suit for a failure to perform the conditions of said bond by any person injured, in the same manner as suits are now authorized to be brought on a constables' bond; and said marshal shall also be subject to a motion against him and his surety, before the said police judge, for a failure to pay over money to the person or persons entitled to receive the same, under the rules and regulations and restrictions as motions are authorized to be made against defaulting constables. He shall collect all taxes of said town and other demands, in any part of said county of Breckinridge that may be put into his hands to collect, and account for and pay over the same to those entitled thereto, under the same rules required by law of sheriffs in the collection of taxes, and of constables in the collection of executions and other demands. Said marshal shall be entitled to such fees for collecting the town tax as said trustees may allow by their by-laws : Provided, That said police judge shall have power and Appeals may be taken. Marshal-his duties, powers, &C. 1860. authority to direct his process to be executed by any conconstable of said county; and said marshal shall have power to perform any official duties in said county that constables may now perform. § 15. That all fines and forfeitures for a violation of the Fines, &c., to ordinances of said town, in all cases cognizable before the police judge, shall be collected and paid into the treasury for the use and benefit of said town. be paid into treasury. § 16. The trustees of the said town shall have power to May erect jail. provide for and erect a suitable jail-house, and for that purpose may purchase ground, and appoint a jailer, whose fees for attending and keeping the same shall be fixed and regulated by the board of trustees of said town. That Who may be any person or persons who shall be convicted before the confined in said police judge of a violation of the ordinances of said town, jail. in all cases cognizable before said judge, and against whom a fine is assessed, who shall refuse to pay such fine, may be confined in said jail, and be required to work out said fine, being allowed one dollar per day for every day he or they may be so confined until the whole fine so imposed is satisfied. conduct elect'n. § 17. That all contracts entered into by or with former trustees of Cloverport, shall be binding and obligatory on the trustees to be elected under this act. § 18. That the election of trustees, police judge, and Town clerk to town marshal shall be conducted by the town clerk and one or more of the trustees in office at the time of such election, or by such other persons as may be appointed by the board for that purpose, and shall be held at such place as may by the board be designated; and after the polls shall have been closed, it shall be the duty of the officers conducting the same to return the same to a board of examiners of three persons, to be selected by the trustees, who shall compare the same, and shall certify to the clerk of the board of trustees then in office the names of the five persons having received the highest number of votes for trustees, and said clerk shall record said certificate on their books; and said trustees so elected shall immediately thereafter qualify and enter upon the duties of office. Approved February 11, 1860. CHAPTER 194. AN ACT to incorporate the Trustees of the Walnut Hill Male and Female Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That Benjamin Smith, Seneca Austin, R. Dodsworth, John Dye, J. C. Youtsey, Wiley Bates, Charles Murnan, Joseph Horner, Lewis Perin, and T. W. W. DeCoursey, of the county of Campbell, are hereby constituted and created a body politic and corporate, under the name and style of the "Trustees of the Walnut Hill Male and Female High School," and as such shall have perpetual succession. § 2. The said board of trustees may sue and be sued, plead and be impleaded, and do all other such acts and things as are incidental to corporations of like nature; may have, hold, and take real estate, either by lease or purchase, such as may be necessary for the establishment, support, and maintenance of said school; may erect upon the same such edifices and buildings as may be necessary for the accommodation and convenience of the teachers and pupils of the same, and may dispose of the same at pleasure. § 3. The said board of trustees shall have power to make all needful rules and regulations, as they deem best for the goverment of said school; to employ such teachers, and affix the compensation of the same; to regulate the number of pupils which may be admitted into said institution, and regulate the rates of tuition; to exercise a general supervision over said school, and grant such diplomas or certificates of scholarship to pupils, as their progress may authorize; which diplomas or certificates shall be signed by the president of said board, and countersigned by the secretary. § 4. The said board of trustees shall have power to appoint a president and secretary from among their number, each of whom shall hold his office for one year from the date of his appointment, or until his successor in office shall be appointed; they shall also have power to appoint a treasurer in like manner, and who shall hold his office under like terms with those of the president and secretary; when vacancies occur in said board by death, resignation, or refusal to act, the said board shall have power to fill vacancies; and a majority of said board shall constitute a quorum to do all business, except in the purchase of real estate, which shall require the joint action of all the members of said board. § 5. Whenever said board shall have located said school, either by the purchase or lease of suitable ground and buildings, it shall be unlawful for any person to vend or sell any spiritous or malt liquors, wine, ale, porter, or cider, 1860. 1860 within three fourths of a mile of said building or buildings; and all persons so offending may be liable to a fine not less than ten, nor more than twenty-five dollars, for each and every such offense, which sum may be imposed by any justice of the peace of the county of Campbell, upon information and proof; one half of said fine, when imposed, shall be awarded to the informer, and the other to the board of trustees, for the use of said school. § 6. This act shall take effect from and after its passage. Approved February 11, 1860. CHAPTER 195. AN ACT to change and modify an act to incorporate the Danville Female Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the above recited act be, and the same is hereby, repealed. § 2. That there is hereby established and incorporated within the limits of the town of Danville, Boyle county, Kentucky, an institution under the name and style of the "Danville Female Academy," and that F. S. Fisher, Thos. Hutchinson, Anderson Rice, H. R. Young, James Heath, Allen Cook, J. U. Rochester, and their successors in office, are hereby constituted a body politic and corporate, by the name and style of the "trustees of the Danville female academy," by which name they shall have perpetual succession and a common seal, with power to change the same at pleasure. §3. That said trustees and their successors in office, shall have power to acquire and hold for the benefit of said institution, by donation, devise, or purchase, any lands, tenements, money, or other property, real, personal, or mixed, not exceeding the sum of fifty thousand dollars; to contract and be contracted with, sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts of competent jurisdiction. § 4. The persons named as trustees in the first section of this act, may elect from their own body a president, treasurer, and secretary, who shall discharge the duties that may from time to time be required of them by said trustees; said trustees shall also have power to make all needful rules and regulations for the proper management of said institution and the regulation of the same, not inconsistent with the constitution and laws of this State or of the United States; they shall have power to employ any officers, agents, and teachers, fix salaries, regulate their payment, and to manage the affairs of said |