less than their par value, for any of the present outstanding bonds of said city, upon such terms as said board may determine; but in no event shall a greater amount be paid or allowed in exchange for any of the present outstanding bonds of said city than their par value.

§ 4. The said board of commissioners shall report quarterly, and oftener if required, to the city council the number and amount of bonds disposed of by them, and the number, amount, and character of outstanding bonds paid or taken in exchange; and they shall deliver to said city council the bonds so paid or taken in exchange by them, and the same shall be canceled and destroyed. The city council shall cause to be kept an accurate record of all said matters, so that it may at all times appear what number and amount of bonds have been issued under this act, and what number, amount, and character of bonds have been paid or taken in exchange and canceled.

5. Any person who shall use or appropriate, or be a party to the use or appropriation, of any of the bonds hereinafter mentioned, or any part of their proceeds, otherwise than in the manner and for the purpose herein authorized and directed, shall be deemed guilty of embezzlement, and, upon conviction, shall be punished as provided by statute in cases of embezzlement.

6. This act shall be in force from and after its passage.

Approved April 2, 1880.

CHAPTER 756.

AN ACT for the benefit of B. F. Nolen, late sheriff of Harlan county. WHEREAS, In the year 1878, the county of Leslie was formed out of parts of Clay, Harlan, and Perry counties, and B. F. Nolen was, at the time of the formation of Leslie county, the sheriff of Harlan county, and has as such sheriff paid into the State Treasury all revenue for the County Harlan for the year of 1878; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That said B. F. Nolen is hereby empowered and

authorized to collect the revenue due the State of Kentucky for the year 1878 from the citizens living in that portion of Leslie county which was taken from Harlan county, as though the county of Leslie had never been formed.

2. This act shall take effect and be in force from and after its passage.

Approved April 2, 1880.

CHAPTER 757.

AN ACT to prevent the retailing of spirituous, vinous, or malt liquors, in quantities less than ten gallons, within one mile of the Lewisburg Institute, in Mason county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That it shall hereafter be unlawful to retail spirituous, vinous, or malt liquors, in quantities less than ten gallons, within one mile from the Lewisburg Institute, near the town of Lewisburg, in Mason county; and any person guilty of violating the provisions of this act may be fined therefor in any sum not less than ten dollars nor more than fifty dollars for each offense, to be recovered by warrant before the police judge of the town of Lewisburg, or before a justice of the peace of Mason county; one half the fine to go to the informer, and the remainder to the use of said Lewisburg Academy.

§ 2. That this act shall take effect from its passage. Approved April 2, 1880.

CHAPTER 759.

AN ACT to legalize certain orders and acts of the board of trustees, and certain license granted by the clerk of the board of trustees of the town of Frenchburg, Menifee county.

WHEREAS, By act of March 27th, 1873, it was intended to confer upon the trustees of the town of Frenchburg, Menifee county, Kentucky, the power to grant license to vend spirituous, vinous, and malt liquors in said town;

and whereas, doubts exist as to said power under said act, and many persons have procured, from said trustees and the clerk thereof, license to keep coffee-houses in said town, with the privilege of retailing spirituous, vinous, and malt liquors, and have paid the State tax and city tax thereon; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1. That all license granted by the town of Frenchburg, either by their trustees or the clerk of said town, upon which the town and State tax was fully paid, is hereby legalized and declared valid.

§2. This act shall take effect from its passage.

Approved April 2, 1880.

CHAPTER 760.

AN ACT to incorporate the town of Orangeburg, in Mason county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

1. That the town of Orangeburg, in the county of Boundary. Mason, be, and the same is hereby, incorporated with the following boundary: Beginning with an elm tree on Edward Cooper's land, on the south side of main Stone Lick creek; thence running northwest to the corner of Kennan's and Taylor's lands; thence running east to a stake (stone to be planted) in the Old Lick hollow; thence to the corner of Dickson's and Tolle's land, and thence west to the beginning.

2. That Thomas F. Ross, James M. Anno, W. F. Trustees. Kennan, Charles F. Kennan, and John D. Roe, be, and they are hereby, appointed trustees of said town, who shall choose one of their body as chairman, a majority of whom shall constitute a quorum to do business, and they May appoint may appoint one of their number, or any person they may choose, treasurer and clerk, and exact bond for the performance of his duties. They shall hold their offices until the first Saturday in April, 1880, or until their successors are elected and qualified, and upon the first

clerk and treas

urer.

Elections-when Saturday in April, 1880 or 1881; and on that day in

to be held

each succeeding year thereafter, the legal voters of said town, at some place to be designated by the trustees, shall meet and elect by vote, viva voce. five trustees of said town, to hold their offices for one year, and until their successors are elected and qualified; and at the same time, and every four years thereafter, they shall elect a police judge, to hold his office for four years, and until his successor is qualified; and at the same time, and every two years thereafter, they shall elect a town marshal, to hold his office for two years, and until his successor is qualified; the police judge to have exclusive jurisdiction of all cases arising under this charter, and the laws and ordinances made under and in pursuance thereof, and the same jurisdiction, and concurrent therewith, as justices of the peace of Mason county within said town in all other cases. He shall be commissioned by the Governor, and qualify the same as justices of the peace, and shall be entitled to the same fees; and the town marshal shall qualify and execute bond, with approved security, before the trustees of said town, to the Commonwealth of Kentucky, conditioned that he will faithfully discharge all his duties under the laws and ordinances of said town, and under the laws of the Commonwealth of Kentucky, and pay over all moneys collected by him to the proper person or persons, and in all things shall well, truly, and faithfully discharge the duties of his said office, upon which bond he and his sureties shall be liable to the town and to any person aggrieved by a failure to properly discharge his duties. He shall execute all notices, and execute and obey all orders and ordinances, and collect all taxes levied and to be collected in said town, and receive such compensation as shall be allowed by the trustees for said services; and shall execute all process and collect all judgments of the police judge, and shall have all the powers, and receive the same fees, as constables of Mason county within said town, and generally shall have the same power and authority as other town marshals in this Commonwealth.

Power of the trustees

§ 3. That said trustees shall have full power and authority to make ordinances, by-laws, rules and regulations, for the government of said town, and annex penalties for the violation thereof, not exceeding in amount the jurisdiction of justices of the peace of Mason county, to be enforced by the judgment of the police judge of said town. They shall have power to levy and collect a poll May levy polltax on each tithe in said town, not exceeding one dollar, and an ad valorem tax of not exceeding twenty-five cents on each one hundred dollars' worth of property of the citizens of said town, to be taken from the assessors' books of the county, or to be assessed by some person appointed by the trustees for that purpose, in the same manner and upon the same property assessed for State

tax.

tax.

trustees.

4. The said trustees shall, before they enter upon Term of office of their duties, take the oath prescribed by the Constitution

filled.

of the State; and shall hold their offices for one year, or until their successors are duly elected and qualified. They shall have power to fill any vacancy that may Vacancy-how occur in their body until the next election, or they may order a special election to fill a vacancy; and they shall have power to appoint a police judge or town marshal to fill any vacancy that may occur until the next election, or they may order an election to fill such vacancy. If no election is held on the first Saturday in April, 1880, the said trustees are authorized to appoint a police judge and town marshal to serve until the first Saturday in April, 1881, and until a successor is elected and qualified, or they may order a special election for same to serve for said time.

fined.

5. That any officer failing or refusing to perform his officer may duty as enjoined by this act may be fined in any sum not exceeding twenty-five dollars, to be enforced before the police judge as other fines are enforced.

6. That the said trustees shall have power to compel, by ordinances and penalties, the property-owners in said town to lay suitable sidewalks or pavements in front of their town property, or have the same done at the expense of such property-holder.

be