tion, shall be at the house of James Ward, on Rockcastle 1839 CHAP. 1246.-AN ACT vesting the Trustees of the towns of Lebanon and Springfield with power to cause certain streets of said town to be McAdamized or paved. Trustees of Lebanon may cause streets &c.to be pav'd &c. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the Trustees of the town of Lebanon, and their successors in office, in the county of Marion, and State of Kentucky, to how paid for cause any part of the streets of said town to be graded, paved or McAdamized, on the petition of the owners of a greater part of the lots, and parts of lots, fronting on a square in said town, or on the petition of a majority of the property holders on any such square, the one half the cost at the expense of the property holders fronting on the street so improved, and the other half to be paid out of the taxes levied for the general purposes of said town, and the entire expenses of paving the intersections of streets in said town, shall be paid out of the common funds of the town; and the Trustees may cause the side walks to be graded and paved, at the sole expense of the owners of lots in front of whose property the improvement is made; and said Trustees may levy and collect the costs and expense of such improvements, from the owners of the lots, and parts of lots, fronting the improvement, in the same way as they are authorized to levy and collect the other taxes of said town, or they may require such owners to make the improvement in front of their property, and enforce the requisition by adequate fines and penalties. cause main SEC. 2. That the Trustees of the town of Springfield, in Trustees of Washington county, shall have power to compel the owners Springfi'ld may of lots on main cross street to pave or McAdamize the same, cross street to within ten feet of the limits of said lots, fronting said cross be paved, &c. street, to Water street; and if the owner, or owners, of said lots, shall fail, or refuse, to pave, or McAdamize the same, from Main to Water street, the Trustees of said town shall, by law, direct the same to be done; and on refusal of the owner, or owners of the lots to do the same, the Trustees shall have power, by giving sixty days' notice of the time and place of sale, to expose the lots, or parts of lots, fronting on said street, to pay the expense thereof. Approved February 18, 1839. 1839 defined. to be elected, &c. CHAP. 1247.-AN ACT to enlarge the powers of the Trustees of Brandenburg. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the town of Brandenburg, as laid off and described in the plan now recorded in the Clerk's Boundary & office of the Meade County Court, and as enlarged by an act limits of town of the Legislature, extending the limits thereof, six hundred yards from the first boundary, approved February ninth, eighteen hundred and thirty six, shall be known, and is hereby declared to be the extent and limits of said town; and that the Ohio river shall be the northern boundary: that the prudential, Fiscal concerns &c. vestfiscal and municipal concerns of said town shall be vested in ed in 7 trustees seven Trustees, who shall hereafter be elected on the third -when & how Monday in May, annually, by the qualified voters of said town, who shall have lived in said town six months previously to said election; the same to be conducted by the Clerk of the board, who shall certify the names of the persons elected to the County Court, as is now directed by law. That said Trustees shall hold their office for the term of one year, or until others are elected or appointed; and they shall have power to fill vacancies that may happen in the board; and before enHow vacan- tering upon the duties of their office, they shall take an oath, cies may be before some Justice of the Peace, faithfully to discharge all the duties devolving upon them during their continuance in office; and that the President of the Board shall have power to administer the oaths of office to all subordinate officers created by this act. filed. fice. Oath of of Name and style and cor SEC. 2. That said Trustees, and their successors in office, shall be known by the name and style of "the Board of Trusporate powers. tees of Brandenburg," and by that name shall be capable, in law, of contracting and being contracted with, of suing and being sued, of pleading and being impleded, of answering and being answered, of defending and being defended, in all courts and places; may use a common or private seal, and do all acts, matters and things which a body politic or corporate having perpetual succession, can lawfully do. receive convey SEC. 3. That said Board of Trustees shall have power to Trustees may make and receive all necessary conveyances of real estate in ances of real relation to said town. They shall have full power over the estate, direct streets, alleys and side-walks now in said town, or which may imp'ts, &c. hereafter be opened; may direct the improvement thereof by grading and paving, or McAdamizing the same, in such manner as they may deem most beneficial to the interests of said town. They shall have power and authority to make all neMay make cessary by-laws for the regulation and good government of by-laws, &c. said town, not inconsistent with the Constitution and laws of this Commonwealth. They shall have power to levy and collect a tax, upon the ad valorem principle, not exceeding twenty five cents on each hundred dollars of the value fixed upon the 1839 May tax shows, &c. property of each individual, that is now subject to taxation, under the existing revenue laws of this State, as well as a poll tax on each white male that may be tithable, not exceeding one dollar ånd fifty cents for any one year. They shall have power to tax all shows and exhibitions of every description, to suppress all tippling houses, riots, routs and unlawful assemblies of all kinds, and may recover fines from all those who shall violate any of their by-laws, in any sum not exceeding twenty five dollars for each offence, which may be recovered before any Justice of the Peace, giving the right of trial by jury, in all cases, if required by either party. They shall have power to suppress what are nuisances within said town, and nuisances may, by their by-laws, impose fines on those who may have fines, &c. caused the same; to provide for the security of said town against fire, by organizing fire companies, defining their duties, and punishing, by fine or otherwise, those who shall fail to e perform the duties required of them. May suppress by SEC. 4. That when, in the opinion of the Board of Trus May cause tees, it may be considered necessary to pave, grade, or other- streets, &c. to wise improve any street, side-walk, or alley in said town, it be paved, &c. shall be the duty of the board to call a meeting of the owners of lots on said street, side-walk, or alley, by causing an adver- Consent of tisement to be posted up, at the court house door in said town, owners of lots to be taken, & giving notice of the time and place that said meeting is to be how. holden, at least ten days previously thereto; at which meeting a poll shall be opened, and a vote of the lot owners shall be taken, and if it shall appear that a majority of the lot owners on said street, side-walk, or alley, have voted in favor of making the proposed improvements, it shall be lawful for the Board of Trustees to levy a tax upon the lots on said street or alley, sufficient to make the proposed improvement, each lot holder paying in proportion to the value of said lot or lots, as ruturned by the assessor. But if it shall appear that a majority of the owners of lots on said street, side-walk, or alley, proposed to be improved, have not voted in favor of making the improvements, then, and in that event, they shall not be taxed for that purpose; and all persons who have contributed, by private subscription or otherwise, towards the grading and paving, now under contract in said town, shall have a credit for the same on any future assessment for similar purposes. May tax the owners of lots for impro❜mts. Assessor to scribed. Clerk, trea SEC. 5. It shall be the duty of said Board of Trustees to appoint, annually, a Commissioner to take in lists of taxable be appointedproperty under this act, who shall return two lists, in writing, his duty premade out in a fair and legible hand to said board, one for the use of the collecting officer, the other for the use of the board. They shall, also, appoint, annually, a Clerk, Treasurer and surer, &c. Marshal, and such other officers as may be necessary, and be appointed. take from each of them, as they may deem necessary, bond and approved security, payable to themselves, in such penalty as they may deem proper-all of whom shall take an oath, to to 1839 be administered by the President of the board, or a Justice of the Peace, faithfully to discharge every duty enjoined upon them by their office. SEC. 6. That it shall be lawful for said board to appoint some one of their own body President, who shall preside over all their deliberations, (except when absent, on which occasions Board to ap- the board may appoint a President pro tem.) and whose duty it shall be to assemble the board on all necessary occasions. point chr'm. Duty of mar shal prescribed. May levy & collect taxes on store boats. SEC. 7. That it shall be the duty of the Marshal, and full power is hereby given him, to distrain, for the annual town taxes, in all cases of nonpayment, and sell, if necessary, in the same manner as now authorized by law in regard to Sheriffs in collecting the county levy and revenue tax: provided, that in all sales of real estate for town tax, the lots levied upon shall be advertised for sale, at the court house door, on a County or Circuit Court day, at least one court previous to sale; and all sales of that description of property, shall take place in the court house yard, on a court day, for cash in hand: provided, also, that the original owners of any such lots of ground shall have the privilege of redeeming the same, at any time. within two years after such sale, by paying, to the purchaser, the amount bid by him for the same, with fifteen per cent. interest thereon, and costs and charges of sale. SEC. 8. That said Board of Trustees shall have power to impose and collect a tax, not exceeding twenty dollars, from the owner or owners, manager or managers of each and every store boat that may land at said town, for the purpose of vending merchandize of any description, unless they have previously obtained a license from the Clerk of some County Court of this Commonwealth; and it is hereby made the duty of the Marshal to call upon all such persons, immediately upon their landing at said town, and ascertain whether they have taken out license elsewhere in this Commonwealth; and if such persons shall fail or refuse to produce such license, it shall be the further duty of the Marshal to prosecute such offenders, under the State law, for which services he shall be entitled to the sum of five dollars, to be paid by the offender or offenders, to be recovered in the name of the Commonwealth, for his use and benefit before a Justice of the Peace. They shall also have power to tax any theatre, show boat, or other exhibition May tax all on the river at the landing in any sum not exceeding fifty shows, &c. dollars. Marshal's duty in relation to store boats. SEC. 9. That it shall, only require three of the Trustees to constitute a board for the transaction of all kinds of business except in levying taxes upon the citizens and property holders Number re- of said town, when it shall require a majority of all the Trusquisite for quo rum.. tees. SEC. 10. That so soon as the wharf and pavement, now commenced, fronting the river two hundred feet, shall be completed to the top of the first bank, the Trustees shall have a right to levy and collect of each steamboat, flat or keel boat, making fast at the landing, a reasonable tax or wharfage, to be collected by the Marshal, as the board, by their order, may direct. 1839 How fines, SEC. 11. That all fines collected under and by virtue of the by-laws and ordinances, enacted by said Trustees, shall be for &c. to be apthe benefit of said town, and the said Trustees are hereby au- plied. thorized to receive and appropriate the same. Approved February 18, 1839. CHAP. 1248.-AN ACT for the divorce of Eliza H. Bush. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Eliza H. Bush, and her husband, Elkana B. Bush, is hereby dissolved, so far as relates to said Eliza; and she is restored to all the rights and privileges of an unmarried woman, and to her maiden name, of Eliza H. Simmerman. Approved February 18, 1839. CHAP. 1249.-AN ACT for the divorce of John M. Emmerson, Jr. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between John M. Emmerson, jr. and Mary M. Emmerson, be, and the same is hereby dissolved; and the said John M. is hereby restored to all the rights and privileges of an unmarried man. Approved February 18, 1839. CHAP. 1250-AN ACT for the benefit of John G. Scrogin, Surveyor of Bourbon county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the County Court of Bourbon county, to allow and cause to be paid out of the county levy, to John G. Scrogin, Surveyor of said county, any sum which the said court may deem reasonable, for the services of said Scrogin, rendered in laying off said county into school districts, pursuant to the act passed at the last General Assembly, establishing a system of common schools. Approved February 18, 1839. |