the Eastern Lunatic Asylum at Lexington, Kentucky; and whereas, they were, by order of the authorities of said asylum, on July 12, 1878, returned to the county of Bourbon, from whence they had been sent to the asylum, to be cared for by said county as harmless lunatics, under and by virtue of the act of the Legislature of date March 20, 1876, and the amendment to said law of date April 5, 1878; and whereas, Margaret Castello was committed to the care of Edward Castello, and America Kenney to the care of James W. Ingels, superintendent of the poorhouse of Bourbon county, and they have kept, supported, and cared for them ever since; and whereas, the Auditor paid for said keeping up to January 12, 1879, and under a construction of the law, refuses to pay any more until a new inquest is held; and whereas, nothing can be allowed by the court except from the time of the inquest; and whereas, said Edward Castello and James W. Ingels will lose for the keeping of said lunatics from January 12, 1879; now, therefore,

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

§ 1. That the Auditor of Public Accounts be directed to draw his warrant upon the public Treasury, in favor of Edward Castello, for one hundred and sixteen dollars and sixty-six cents, for supporting, nursing, keeping, and caring for Margaret Castello, a lunatic, from January 12, 1879, to March 12, 1880, being at rate of one hundred dollars per year; and he is directed to draw his warrant upon the public Treasury, in favor of James W. Ingels, superintendent of the poor-house of Bourbon county, for one hundred and sixteen dollars and sixty-six cents, for supporting, nursing, keeping, and caring for America Kenney, from January 12, 1879, to March 12, 1880.

§ 2. This to take effect from its passage.

Approved May 5, 1880.

CHAPTER 1437.

AN ACT to amend an act incorporating the town of Summersville. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the act incorporating the town of Summersville be so amended that hereafter the prudential, fiscal, and municipal concerns of said town, as now laid out and defined, shall be vested in five trustees, who shall be elected annually on the first Saturday in May by the qualified voters living in the bounds of said corporation, as now laid out and defined, to-wit: two miles square, the public square being the center, and who have resided in the said bounds six months next preceding said election, and who are the owners in fee of a house and lot in said town, or not less than five acres of land in said boundary outside of the town limits; the first election after the passage of this bill to be held at any time after five days' notice, by posting up three written notices within said boundary, in three conspicuous places, by any citizen who is a voter as above described. Said trustees, when elected, shall hold their offices for the term of one year, and until their successors are elected and duly qualified. That said trustees, before they enter upon the duties of their office, shall take an oath, before some officer qualified to administer the same, that they will faithfully and without partiality to any one, discharge the duties of trustees to said town during their continuance in office.

§ 2. That said trustees shall proceed, after their qualification, to elect one of their members chairman, who shall preside at their meetings, and have power to convene the board when, in his opinion, the interest of the town demands it. It shall be his duty to see that all the ordinances and by-laws of said town are duly executed and put in force.

3. That said trustees shall be a body-politic and corporate, and shall be known by the name and style of the "Board of Trustees of Summersville;" and by that name shall be capable in law of contracting and being con

point treasurer.

and police judge

tracted 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 do all acts, matters, and things which a body-politic or corporate, having perpetual succession, can lawfully and rightfully do.

§ 4. That said trustees, or a majority of them, shall have power to make or receive all necessary conveyances in relation to said town. They shall have power over the streets and alleys of said town to keep them open. They shall have power to tax auction sales, shows, and exhibitions for money or profit, such sum as they may by their by-laws declare. They shall have power to suppress all tippling-houses, saloons, or liquor establishments of any description, and to fine all those who may violate their by-laws any sum not exceeding twenty dollars for each offense. They shall have power to declare what are, and remove nuisances. They shall have power to inflict a fine of one dollar for a failure of any member to attend the meeting of the board when notified thereof. They shall have power to fill all vacancies. They shall have power to pass all by-laws and ordinances necessary for carrying into effect all powers herein granted, and executing all provisions of this charter.

§ 5. That it shall be the duty of said trustees to apTrustee shall appoint a treasurer, clerk, marshal, and police judge, and clerk, marshal, such other officers as they may deem necessary, and take from them respectively bonds, with approved security, payable to board of trustees of Summersville, and their successors in office, in such penalty as said trustees may direct, conditioned for the faithful discharge of their duties; and for a violation on the part of either of said officers, suits may be brought and motions made before any tribunal having jurisdiction thereof, in the same manner, and under the same rules and regulations, that suits are brought and motions made against other officers for failure of duty.

§ 6. That it shall be the duty of the Governor, after the appointment by the trustees as aforesaid of a police judge, who shall hold his office for the term of four years

police judge.

or during good behavior, to commission the police judge; and after said commission has been received by the police judge, he shall take an oath before some officer who is authorized to administer the same, before he enters upon the duties of his office, for the faithful discharge of the same. The said police judge shall have jurisdiction Duties of the within the limits of said boundary of all civil causes of which justices of the peace have jurisdiction. criminal cases arising in the county of Green, the said police judge shall have the jurisdiction, as a court of inquiry, now given by two justices of the peace, and shall proceed in like manner as said justices are required by law in criminal cases. He shall have jurisdiction of all offenses arising under the by-laws and ordinances of said town; and shall have power to enter judgment and order execution accordingly. He shall have full power and authority to grant injunctions, writs of habeas corpus, under the same rules and regulations now prescribed by the several acts authorizing justices of the peace of Green county to grant the same. It shall be the duty of said judge to keep a record of his proceedings, a copy of which shall be evidence in any court of this Commonwealth. He shall have all the power of justices of the peace to issue summons for witnesses to give evidence in cases before him, and upon their failure to attend, to issue compulsory process to cause their attendance. He shall have power to fine and imprison for contempt: Provided, The fine shall not exceed five dollars, nor the imprisonment more than eight hours in the county jail. He shall have power to order the marshal or a constable of Green county to summon a jury in any case cognizable before him where a jury would be necessary before a circuit, quarterly, or a justices' court. It shall be lawful for said police judge to take depositions and certify the same, to be read as evidence in any cause pending in any court where depositions, now authorized to be taken by justices of the peace, may be read. He shall be entitled to the same fees that justices of the peace are entitled for like services, and shall be collectable in the same way.

ficers.

§ 7. That it shall be the duty of the treasurer and clerk Duties of the of to keep a record of the proceedings which properly belong to their respective offices; and it shall be the duty of the treasurer to render an account to the trustees of all moneys received and paid out by him, whenever by them required to do so.

§8. The police judge shall have jurisdiction of all cases of motions and suits against the treasurer, marshal, and clerk, or other officers of said town, for all sums of money or other thing which may be due from them, or either of them, to the town.

§ 9. That from all judgments rendered by said police judge, either party may take an appeal to the quarterly court or circuit court, under the same rules and regulations authorizing appeals from judgments of justices of the peace to circuit or quarterly courts.

§ 10. That it shall be the duty of the marshal to serve all process and precepts to him directed from the police judge, and make due return thereof, collect all taxes of said town on license or otherwise due the same, executions and other demands which may be put in his hands to collect, and account for and pay over the same to the treasurer of said board of trustees, or to whomsoever may be entitled thereto, under the same rules and regulations required of sheriffs and constables in the collection of such demands; and for a failure of any of the duties required of him, he shall be subject to the same proceedings and penalties which may be had against sheriffs or constables. The said marshal shall have the same power, and be entitled to the same fees for all collections aforesaid, as sheriffs or constables are allowed for similar services Provided, Said judge shall have power and authority to direct his process to be executed by any constable or the sheriff of Green county. Said marshal shall be invested with all power and authority which is given constables in all cases cognizable before the police judge; he shall have power, if need be, to summon the aid of the county in executing any process to him directed. Any person or persons failing to aid said marshal when so