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1873.

CHAPTER 29.

AN ACT for the benefit of Warren county.

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

§ 1. That for the purpose of enabling the county court of Warren county to fund and pay off the floating debt to issue bonds to of said county, and to retire the bonds of said county,

County court fund debt.

issued in aid of the Louisville and Nashville Railroad Company, maturing in April, 1874, the presiding judge of said county court, a majority of the justices of said county being present and concurring, may issue any amount of bonds, not exceeding eighty-five thousand dollars, of denominations of not less than one hundred and not more than one thousand dollars, to run not exceeding ten years, bearing interest at a rate not greater than ten per cent. per annum, payable semi-annually; said bonds to have coupons attached, and to be signed by the county judge, and countersigned by the county clerk, under seal of his office. Said coupons to be signed by the clerk only.

§ 2. That bonds to the amount of forty thousand dolHow bonds lars of those authorized by the first section of this act to be disposed of to be issued shall be, by the judge of said county court, made of proceeds placed in the hands of the treasurer of the board of

and use to be

sinking fund commissioners of said county, created in pursuance of the charter of the Louisville and Nashville Railroad Company, who is authorized to sell the same at par, and apply the proceeds of sales thus made in retiring the bonds of the county issued in aid of said railroad company falling due April, 1874; and if portion of the proceeds of said bonds, so placed in his hands, remain in his hand after retiring said railroad bonds, said surplus shall go to the credit of said sinking fund, and be retained for future use in retiring any other bonds issued in aid of said railroad company which may not mature in 1874, or may be issued in paying interest upon said bonds; and the remainder of the bonds authorized herein shall be sold by the county judge, or any person appointed by him, at not less than par, and with the proceeds of sales the floating debt of the county shall be speedily paid off, and the surplus remaining after said debts have been paid shall be disposed of as hereinafter provided. Said bonds shall not be delivered, nor any money paid over to said treasurer and county judge, or any person appointed by said county judge, until they have executed bond to the county, approved by the county court clerk, conditioned for the safe-keeping of any securities and moneys that may come to their hands, and for the faithful discharge of all the duties prescribed by this act.

1873.

Court to levy

§ 3. For the purpose of creating a fund, to be denominated the "Miscellaneous Fund," for the payment of the ordinary expenses of the county, the county court may tax to pay levy a tax, not exceeding three dollars on each male over twenty-one years of age, for such number of years, beginning in the year 1874, as the court may deem proper for the purpose aforesaid. The fund thus arising shall be drawn on, from time to time, in the hands of the sheriff.

§ 4. That for the purpose of creating a fund, to be styled the "Warren County Sinking Fund," for the payment of the interest of the bonds issued by virtue of this act, and also the interest on all outstanding bonds of the county, other than the Louisville and Nashville Railroad bonds; and for the payment of the bonded debt of the county, except the bonds issued in aid of said railroad company, the county court may lay and collect a tax, not exceeding thirty-five cents on the one hundred dollars, on all property in said county listed for taxation for State revenue, and a poll tax of two dollars on each male over the age of twenty-one years, either or both, commencing in the year 1874: Provided, That the taxes aforesaid, when so levied, shall be collected by the sheriff of said county, and paid over, from time to time, to the treasurer of said sinking fund, upon his order, taking from him a receipt therefor. The sheriff shall have power to levy on, distrain for, and sell the property of the tax-payers, to make the taxes authorized by this act, in the same manner and in the same time, as is now allowed by law for the collection of the State revenue, and he shall receive the same commissions as now allowed of for collecting the county levy; he shall give bond, with good security, for the collection of the taxes authorized by this act, to the county court, for the use of the county; and for a failure to comply with its provisions may be proceeded against by motion or petition, and a judgment rendered against him and his sureties, with costs and damages, in the same manner as now provided by law for a failure to collect and pay over the State revenue.

$5 That the surplus remaining from the proceeds of bonds sold by the county judge, or any person appointed by him, as provided in section two of this act, shall constitute a part of said sinking fund, and also the taxes heretofore set apart, and unpaid by the sheriff, for the payment of the principal and interest of the bonded debt of the county; and said surplus and taxes shall be paid over to the treasurer of said sinking fund, which, together with the taxes authorized by section four of this act, shall be sacredly devoted to the payment of the prin

tax.

bonds.

May levy poll

Sheriff to collect compensation, responsibility, and

said taxes-his

powers.

How surplus of used.

bond money to be

1873.

tute sinking fund board-their powers and duties.

cipal and interest of said bonded debt, with other expenses properly chargeable to said sinking fund, and to no other uses or purposes whatever.

§ 6. The county judge, county clerk, county auditor, Who to consti- county attorney, and the justices of the first district, and their successors in office, shall constitute a board, to be styled the Warren County Sinking Fund Commissioners," who shall manage and control said sinking fund. The county judge shall be chairman, and a majority of the commissioners shall be required to compose a board for the transaction of business. Said commissioners shall elect one of their number treasurer, who shall have the custody of the money or property of said sinking fund, and, before entering upon the duties of his office, shall execute bond to the county, to be approved by the county court, conditioned to account for and pay over, upon the order of the board, all moneys that may come to his hands or control; and upon such bond recovery may be had for any breach of its conditions. He shall keep a true and correct record of all proceedings of said board of commissioners, receive and disburse all moneys, and keep a true and correct account thereof, and shall account for all moneys and any other thing of value be longing to said sinking fund that may come to his hands or control. He shall make report to the county court annually, in the month of October, showing the receipts and disbursements of said sinking fund for the preceding year, with such suggestions as to its future management as he may deem proper, and shall, when required, give to the county court any information in his power concerning said sinking fund; and it shall be the duty of said treasurer to have said report published in any manner. he may think proper for the information of the county at large; and said commissioners shall allow and pay out of the sinking fund a fair and reasonable compensation to their treasurer for his services.

§ 7. It shall be the duty of said commissioners to use Powers of board. said sinking fund for the purpose of paying the interest and principal of the county debt, and to apply any surplus on hand at any time to the redemption of any portion of the county debt by payment or purchase of any of the bonds at par or under, charged to said sinking fund; and they shall have power to make any safe and profitable investment of any surplus that cannot be applied to the payment or purchase of said county bonds.

§ 8. That upon the application of any member of the How board may county court at any time to the county judge, he shall assemble the justices of said county, and for good cause shown said county may remove any member or all of said

be removed from office.

board of sinking fund commissioners, or may elect the entire new board.

§ 9. That all previous laws imposing an ad valorem tax, and all laws conflicting with this law, be, and the same are hereby, repealed.

10. This act shall take effect from its passage.

1873.

Approved December 20, 1873.

CHAPTER 30.

AN ACT for the benefit of Susan Wall, of Garrard county.

WHEREAS, It is represented to the General Assembly of the Commonwealth of Kentucky that Wilson Logan, a free man of color, died domiciled in Garrard county, Kentucky, on the day of August, 1873, unmarried, leaving a daughter, Susan Wall, begotten and born in slavery, whom he always recognized as his child, both before and since the abolition of slavery; now, therefore,

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

1. That the said Susan Wall be, and she is hereby, legitimated, and made capable of inheriting the estate of her father, the said Wilson Logan, in the same manner, and to the same extent, as if she had been born to him in lawful wedlock.

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

Approved December 20, 1873.

CHAPTER 31.

AN ACT to prohibit the sale of spirituous or vinous or malt liquors within the corporate limits of the town of Hinkleville, Ballard county, or within two miles of the said incorporate limits.

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

§. That it shall be unlawful for any person to sell spirituous, vinous, or malt liquors, or the mixture of either, within the corporate limits of the town of Hinkleville, Ballard county, or within two miles of the said incorporate limits.

§2. Any person violating the provisions of this act shall, upon conviction thereof, be fined in a sum not less than fifty nor more than one hundred dollars for each violation of this act.

3. This act to take effect from and after its passage.
Approved December 20, 1873.

Sale of liquors prohibited.

Penalty for violating law.

1873.

CHAPTER 32.

AN ACT to abolish the office of county treasurer of Pendleton county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That an act, entitled "An act to create and regulate the office of county treasurer for Pendleton county," approved March 18, 1870, and an act, entitled "An act authorizing the appointment of a county treasurer for Pendleton county," approved January 21, 1839, be, and the same is hereby, repealed.

§ 2. This act to take effect from and after January 1st,

1874.

Approved December 20, 1873.

Diploma to license as attor

entitle holder to

ney at law.

CHAPTER 33.

AN ACT for the benefit of Law Department of the University of Lou

isville.

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

§ 1. That a diploma from the University of Louisville, in its Law Department, conferring the degree of bachelor of laws, shall entitle the person on whom it is conferred to practice law, and shall have the same effect as a license to practice law in all the courts of this Commonwealth granted in pursuance of sections three and four of chapter five, article one, of the General Statutes. § 2. This act shall take effect from its passage.

Approved December 20, 1873.

interest on judg ment released.

CHAPTER 34.

AN ACT for the benefit of Lewis F. Marshall, sheriff of Ballard county, and securities.

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

§ 1. That where Lewis F. Marshall, sheriff of Ballard Damages and county, and his securities, shall have paid the full amount of the principal, interest, costs, and Attorney General's fees of the judgment rendered against them in the Franklin circuit court for the balance of the revenue due the State by said Marshall for the year 1872, the amount of the damages, and the five per cent. adjudged against them under the act of March 22, 1871, to change the time of paying the revenue into the Treasury, shall be, and

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