CHAP. 1262.-AN ACT to regulate the town of Clay Village. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Isaac N. Guthrie, James Sanders, William Kent, Henry Sanders and William McGrew, be and they are hereby appointed Trustees of the town of Clay Village, and shall continue in office until the first Saturday in August, eighteen hundred and thirty nine, and at the expiration of their term, it shall be lawful for the citizens of said town to elect five Trustees for said town, the above named Trustees giving ten days' notice of the time and place of such election of their successors, who shall remain in office one year after their elec tion. } SEC. 2. That there shall be an election held for Trustees on Annual elec- the first Saturday in August in every year, and when any va tion, & vacan- cancy shall happen by death, removal, or resignation, the Board of Trustees shall have power to fill such vacancy until the next annual election of Trustees in and for said town. SEC. 3. That each free white male person of the age of twenty one years, being an actual resident of said town, or holding title to real estate therein, shall be entitled to vote for Trustees. Voters. trustees. SEC. 4. That the Trustees of said town shall have pow Powers of er to make rules and enact such by-laws for the regulation and government of said town as they shall deem necessary, provided such by-laws are not contrary to the constitution and laws of this State; and the said Trustees shall have pow er to inflict a fine not exceeding five dollars for every breach of their by-laws, to be sued for and recovered in their name before any Justice of the Peace for Shelby county, and to be. applied to the use of the town.. SEC. 5. That the Board of Trustees shall have power to Tax on shows. levy a tax on all shows and exhibitions in said town not exceeding ten dollars for every twenty four hours such show or exhibition may remain and be kept open in said town. treasurer. SEC. 6. That said Board of Trustees may appoint a Clerk Clerk and and Treasurer, and it shall be the duty of the Clerk to keep a fair record of the proceedings of said board, which shall be open for the inspection of any person desiring to see the same; and the board may made any allowance to said Clerk for his services out of any funds which may come into their hands under the provisions of this act. SEC. 7. The Treasurer appointed by said board shall receive Treasurer to all moneys collected under the provisions of this act, and pay give bond. the same on the order of the board; and they shall take bond and security from their Treasurer for the faithful performance of the duties assigned him; and a majority of said board shall constitute a quorum to do business. Approved February 18, 1839. CHAP. 1263.-AN ACT to incorporate the town of Rumsey, and to amend the charter of the town of Caseyville, in Union county. 1839 Rumsey. Town boun SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the land, in Muhlenburg county, within the following boundary, beginning at a point on Green dary. river, where the upper line of sixth street, as laid down on the plat of the town of Rumsey, recorded in the office of the Muhlenburg County Court, will strike said river, and running thence South 35° West with said line, and contiuing three hundred and ten poles to a stake; thence North 55° West to the river; thence up the river, with the meanders thereof, to the place of beginning, shall be established and known as the town of Rumsey. Trustees duties. SEC. 2. That the fiscal, prudential and municipal concerns, of said town shall be vested in five Trustees, who shall be their powers & elected, annually, on the first Monday in June by the free white male inhabitants over the age of twenty one years, and who have resided in said town six months previously to said election; which said Trustees shall hold their offices for the term of one year, and until their successors shall be elected and qualified. That said Trustees, before they enter upon the duties of their said office, shall take an oath, before some Justice of the Peace, that they will faithfully, and 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 take place in said Board of Trustees, they shall have power to fill such vacancy. That no person shall be a Trustee of said town, who is not, at the time of holding the same, a citizen thereof, and who has not resided therein at least twelve months previously to his election; and the said first election shall be conducted under the direction of Charles M. Baber, or some other Justice of the Peace of said county, who shall advertise the place in said town of holding said election, and shall act as Judge therein; and the said board shall appoint some fit person to hold and superintend each succeeding election, who shall give notice, at least three days previously thereto, of the place of holding the same, by advertisement in two or more public places in said town, and return to the Clerk of said board a certificate setting forth the names of the persons elected as Trustees of said town. SEC. 3. That said Trustees shall have power to make and Conveyances. receive all necessary conveyances in relation to the lots, Powers of public grounds, streets, and alleys, in said town. They shall By-laws. 1839 Taxes. sistent with the constitution and laws of this Commonwealth. They shall have power to lay and collect a tax upon the property, as well as on the citizens of said town, so as not to exceed, in any one year, the sum of five hundred dollars. They Tip'ling houses shall have power to suppress all tippling houses, and to fine all those who may violate their by-laws, in relation to said town, any sum not exceeding twenty five dollars for each offence, which may be recovered before any Justice of the Peace for Nuisances. said county. They shall have power to abate nuisances within the limits of said town, and may, by their order, direct the same to be abated, or may, by their by-laws, impose a fine on whomsoever may have caused the same. They shall have power to remove and abate all and every obstruction in any street, alley, side-walk, or public ground, in said town. They shall have power to provide for the security of said town against fire, by organizing one or more fire companies, defining their duties, and punishing, by adequate fines and other penalties, those who shall fail to perform the duties required of them. Fire companies Incorporated Treasurer & clerk. SEC. 4. That said Trustees, and their successors in office, shall be a body politic and corporate, and shall be known by the name and style of the Trustees of the town of Rumsey; and by that name and style shall be capable, in law, of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of answering and being answered, of defending and being defended, in all courts and places; and may use either a common or private seal. SEC. 5. That it shall be the duty of said Trustees to appoint a Treasurer and Clerk, and such other officers as they may deem necessary, and take from them, respectively, bond with surety or sureties, payable to the Commonwealth of Kentucky, in such penalty as the said Trustees, or a majority of them, shall direct, conditioned for the discharge of their respective duties; and for a violation of duty, on the part of either of said officers, motions may be made or suits brought before any tribunal having jurisdiction thereof, in the same manner and under the same rules and regulations that motions are now made, and suits brought against Sheriffs, Constables, or other officers, for a failure of duty; and, moreover, the said Trustees, or majority of them, shall have power and authority to remove either of them for failing to do their duty, and appoint others in their places. SEC. 6. That it shall be the duty of said Treasurer and Clerk Duties of trea- to keep a record of their proceedings, which properly belong surer and clerk. to their respective offices; and it shall be the duty of said Treasurer to render an account to said Trustees of all moneys received and paid out by him whenever by them required so to do. SEC. 7. That it shall be the duty of said Trustees to appoint Chairman of one of their body chairman of their board; and that no money shall be drawn from the Treasury of said town except by the order of the chairman, in pursuance of allowances made by the board. a majority of said Trustees; that a majority of said Trustees shall, at all times, constitute a quorum for the transaction of business. 1839 Fines & for Caseyville. Trustees ap SEC. 8. All fines and forfeitures, and all moneys collected by a judgment of any court or a Justice of the Peace, feitures. for a violation of any by-law of said Trustees, committed within the limits of said town, shall be paid over to said Treasurer. SEC. 9. Be it further enacted, That Egbert Wooldridge, Wm. Fightmaster, Berney Hancock, J. W. Finnie and John Casey, be and they are hereby appointed Trustees for the town of Ca- pointed. seyville, who shall continue in office one year, from and after the first Monday in April, eighteen hundred and thirty nine, and until their successors are duly elected and qualified, in the manner prescribed in an act, entitled, an act to incorporate the town of Caseyville, in Union county, approved the twenty first of December, eighteen hundred and thirty seven, to which this is an amendment; and, before they shall act, they shall take an oath before some Justice of the Peace of this Commonwealth, well and truly to perform the duties of their said office according to law, and to the best of their abilities; a certificate thereof shall be recorded in the record book of the Board of Trustees. SEC. 10. That said Trustees, and their successors, shall be and Conveyances. they are hereby authorized to make a deed of conveyance to the purchaser or purchasers, their heirs or assigns, for the lots in said town, when it shall appear to them that the purchase money has been paid, warranting the title thereof against themselves and their successors. laws. SEC. 11. That for a breach or violation of any of the by- Proceedings laws or ordinances that may be passed by the Board of Trus- against persons tees of said town, a right of action shall accrue to said Trus- for violating by tees, who may prosecute the same in their names before any Justice of the Peace within this Commonwealth, and upon a collection of any execution, that may issue, upon any such 'judgment, shall be applied by said Trustees for the benefit and improvement of said town. SEC. 12. That the Board of Trustees of said town shall have Trustees may power to receive by purchase, donation, or otherwise, for a hold lots for certain purpolot or lots, within said town, for the erection of a market ses. house, a house or houses of public worship, burial ground; and shall have power to make any improvements on the streets, alleys, or river bank, within said town, and make contracts provements. for the performance of the same. Approved February 18, 1839. Make im CHAP. 1264.-AN ACT to incorporate the town of Louisa, in Lawrence county. Election of SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the free white male inhabtants, trustees. 1839 Trustees in corporated. the Trustees. residing in the town of Louisa, in the county of Lawrence, and the owners of lots, in said town, shall, on the first Saturday in May, one thousand eight hundred and thirty nine, and on the same day in every year thereafter, meet at the court house in said town, and proceed to elect five Trustees for said town, who shall hold their offices for one year next after said election, and until their successors are duly elected and qualified; and the first election shall be conducted under the direction of John Crabtree, or some other Justice of the Peace of said county, who shall act as Judge therein; and said Trustees shall take an oath before some Justice of the Peace, for said county, truly and faithfully to perform the duties enjoined on them, by law, as Trustees. SEC. 2. That said Trustees, and their successors, shall be a body corporate, by the name and style of the Trustees of the town of Louisa; may sue and be sued, plead and be impleaded, in any of the courts of law or equity of this Commonwealth; they shall have power to pass all necessary ordinances and by-laws for the improvement, regulation and advancement of the interest and morals of said town, not inconsistent with the constitution of the United States, or the constitution and laws of this State. SEC. 3. That said Trustees shall have power to receive a The powers conveyance, by donation or purchase, any lot or lots of ground and duties of in or near said town for the purpose of erecting a market house, school house, or meeting house, or any other necessary or needful public buildings, and may order, provide for, and contract for their erection; they shall have power to assess a poll tax on the legal titheables of said town, not to exceed, in any one year, one dollar a head, and levy an ad valorem tax on the real and personal estate within said town that is now taxed by the revenue laws of this Commonwealth, not to exceed twenty five cents on each hundred dollars worth of property; they shall have power to contract for the grading and improving any of the streets or alleys of said town; they shall have power to levy and collect from the owner or managers of all exhibitions of animals or shows, of all and every description, that shall be exhibited within the limits of said town, any amount that shall be ordered by the Board of Trustees, not to exceed the sum of twenty dollars; and shall have power to pass by-laws to prevent racing or running horses within the limits of said town, or the suppression of all other disor derly conduct within the same; they shall appoint one of their own body as chairman, who shall sign the records and proceedings of each meeting; who shall have power to call a meeting of said board at any time, and preside over the meeting, keep order, &c.; it shall require a majority of said Trustees to do business; and all fines and forfeitures that shall be recovered, and all taxes that shall be assessed and collected by said Trustees, shall be by them appropriated in the purchases and improvements before directed. |