1874. Trustees to rec ommend police judge to Govern or to serve until regular election. June next; and whenever a vacancy shall occur in the office of marshal of said town, they may appoint some suitable person to act as such until the next regular election for such officer thereafter. § 10. The board of trustees of said town shall recommend to the Governor some suitable person, residing in said town, for the office of police judge; he may be one of their own body, and the Governor shall commission the person so recommended, and he shall hold his office until the first Monday in August, 1874, and until his successor shall be duly qualified; and whenever a vacancy Vacancy in police in the office of police judge of said town shall occur, by death, resignation, or removal out of the limits of said town, the board of trustees shall recommend some suitable person to the Governor to fill such vacancy, who shall issue his commission to the person thus recommended, and the police judge thus appointed shall hold his office until the next regular election thereafter, and until his successor shall have been elected and qualified. judge's office how filled. be restricted. § 11. The county courts of the counties of Boyd and Liquor license to Carter shall have no power to grant a license to retail ardent spirits in said town, either to merchants or tavern-keepers, without the consent of the board of trustees of said town; and said trustees shall have power to levy a tax on all persons licensed by them to retail ardent spirits in said town: Provided, however, If a majority of the qualified voters in said town, voting at the election to be held in said town on the first Saturday in June, 1874, shall vote against granting a license to sell ardent spirits in said town, said trustees nor the county courts of Boyd and Carter counties shall have power to license any person or persons to sell ardent spirits in said town there duct elections. after. § 12. The elections held under and by virtue of this act Who shall con- shall be conducted by one of the trustees of said town, with some suitable person, appointed by him, to act as clerk. ties how disposed of § 13. All fines that may be imposed or assessed by the Fines and penal police judge of said town for violations of the by-laws of said town, shall be collected in the same manner as other fines are now collectable by law; and warrants and other process for the enforcement of the by-laws of said town shall be in the name of the Commonwealth of Kentucky for the use of the board of trustees of said town; and said town shall have the use of the jail of Carter county for the confinement of persons adjudged to be confined, or who may fail and refuse to pay any fine and the costs of the prosecution against them, at the rate of two dollars per day, until the fine and costs shall be made up; but such confinement shall not operate to satisfy the judgment against such person, and execution may issue 1874. Where judicial 14. Proceedings may be had before the police judge jurisdiction shall of said town, or any justice of the peace residing in dis- lie. trict No. 8, in Carter county, for violations of the by-laws of said town, and they shall be by warrant, and conform to proceedings in courts of justices of the peace under existing laws. The police court in said town shall be held regularly on the first Saturday in each month for the trial of civil causes returned before the judge. Officers of election to certify 15. That it shall be the duty of the trustee and clerk, § 16. This act shall take effect and be in force from its Approved February 3, 1874. CHAPTER 179. AN ACT to incorporate the Boyd County Fair and Exposition Association. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Name of corporators, and style May purchase, hold & property, use common seal, &c. § 1. That A. C. Campbell, D. Putnam, J. W. Means, J. M. Montmollin, and Joseph Mitchell, and their associates of same. and successors, be, and they are hereby, created a bodypolitic and corporate, under the name and style of the Boyd County Fair and Exposition Association, with perpetual succession; have full power to receive, acquire, and hold, by purchase, lease, gift, subscription, &c., any and all lands, moneys, and estate, real or personal, for the purposes hereinafter stated; to sell, transfer, or convey the same; and under said name may, in their corporate capacity, sue and be sued, plead and be impleaded, in any court of law or equity; and may have and use a common seal, and alter or abolish the same at pleasure. § 2. That any three of the above named persons constitute a board of commissioners pro tempore, to transact scription stock to any business in the interest of said association; may, within three years from the date hereof, open books for the subscription of stock, and whenever one thousand dollars are subscribed, at their discretion, call a meeting of the stockholders for the election of a board of seven directors to serve for one year, and until their successors Books for sub be opened by commissioners. 1874. ciation defined. are duly elected and qualified; and the said stockholders shall hold a similar meeting annually on the fourth Saturday in October; but if, from any cause, they fail to hold an election on that day, the board of directors incumbent may, at their discretion, call a meeting for that purpose on any day they deem expedient, by giving notice twenty days previous thereto in any newspaper printed in Boyd county, or by mailing written or printed notices to the several stockholders, and may, by giving similar notice, call a meeting at any time for any purpose, in their judgment, necessary to the interests of said association. 3. That the objects of said association shall be the Objects of asso promotion, improvement, development, and encouragement of the agricultural, mechanical, mining, manulacturing, stock-raising, and general industrial interests and resources of its vicinity; and for the purpose of advancing said interests, the board of directors may hold one or more exhibitions annually, offering such premiums and awards as, in their judgment, are conducive thereto. fixed-shares $25 each. § 4. That the capital stock of said association shall be Capital stock five thousand dollars, liable to increase, if desirable, to twenty thousand dollars, to be divided into shares of twenty dollars each, to be paid or transferred, or otherwise controlled, as provided in the constitution and bylaws thereof. By laws, constiregulations, to be tution, rules and adopted. elect officers, and bonds, &c. § 5. That the prudential, financial, and other concerns. of said association, together with all its property and estate of any and every kind, shall be under the control of the president and directors, who shall have power to make and adopt such a constitution, by-laws, rules and regulations, not inconsistent with the laws of this State or of the United States, and alter, amend, or repeal the same at pleasure, as, in their discretion, are necessary to the management or conducive to the interests of said association, and may require of stockholders to aflix their respective signatures to said constitution, by-laws, &c., as fully consenting to the terms thereof and conditional to the ownership of stock in said association. § 6. That the board of directors, a majority of whom Stockholders to shall constitute a quorum, shall elect one of their number may require president, whose vote, in all cases of tie, shall be decisive; and the board of directors shall have power to fill vacancies occurring in their body by death, removal, resignation, or otherwise, by election from the stockholders; and they shall have power to elect a treasurer, one or more vice presidents, and one or more secretaries, and such other officers as necessary to the interests of said association, and may require of all its officers bond, with security, for the faithful discharge of their respective duties 1874. May license lease and rent stands, booths, 7. That for and during the days on which said association may hold its exhibitions, the board of directors may, for satisfactory consideration, rent or lease to, and have exclusive control over, shows, menageries, minstrel shows, &c., and troupes, curiosities, swings, booths for refreshments, sale- refreshment stands, and similar institutions, the privilege of exhibit- &c. ing or selling within their grounds, with exemption from taxes, fines, or license, State or municipal: Provided, That said board of directors shall not allow within their grounds, or the vicinity thereof, any immoral exhibition, or any gambling or swindling devices, or the sale or gift of any intoxicating liquors. § 8. That for and during the days on which said association may hold its exhibitions, no person shall, without the consent of the board of directors first had and obtained, erect on any lot or land, road, street, or alley, within the distance of three hundred yards of the boundary of the grounds owned or leased by said association, any booth, stall, or shed, or station any table, stand, wagon, cart, or other vehicle, for the sale or gift of any refreshments, confections, cakes, cider, fruits, melons, intoxicating drinks, &c.; and any person who shall violate the provisions of this act shall be liable for a fine of not less than five nor more than twenty dollars for each separate act of selling, to be recovered by a warrant from, and tried before, any justice of the peace for Boyd county; and all fines so recorded shall be for the benefit of said association. § 9. That the board of directors aforesaid, during the days aforesaid, shall have power to remove any booth, stall, shed, table, stand, wagon, cart, or other vehicle, on or at which any refreshments, confections, cakes, cider, fruits, melons, intoxicating drinks, &c., are sold or offered to be sold within the distance aforesaid of the grounds of said association, without the consent of the board of directors aforesaid first had and obtained; and they may also, by their marshals and police, arrest any disorderly person within their grounds, or the distance thereof aforesaid, who may annoy or disturb the crowd in attendance, or obstruct the gates of entrance, or otherwise interfere with their exhibitions, and bring them summarily before any justice of the peace for Boyd county, to be dealt with according to law. Penalty for erecting any booth, stand, or fixture within 300 grounds for yards of fair freshments, &c. re Power to remove shed, &c. booth, stall, pass on grounds. § 10. That any person who shall, at any time, trespass Penalty for treson the grounds owned or leased by said association, by hunting, shooting, fishing, gaming for money, or by lewd or immoral conduct, or by marring, defacing, or otherwise injuring its trees, shrubbery, ornaments, buildings, or other property, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten 1874. dollars, or in default of the payment of whatever fine may be imposed, imprisonment in the county jail for not less than twenty days, such fine recoverable by warrant in the name of the Commonwealth from any justice of the peace for Boyd county, or by indictment in the Boyd circuit court; and in case of a warrant from a justice, it shall be the duty of the county attorney to prosecute, and in case of indictment, it shall be the duty of the ComCommonwealth's monwealth's Attorney to prosecute, such attorney to have twenty-five per cent. of all fines collected, provided he prosecutes as herein required; and all fines collected unde this act (less prosecuting attorney's fees) shall be for the benefit of said association. Attorney to pros ecute. § 11. This act shall take effect from its passage. Approved February 3, 1874. town defined. &c. CHAPTER 181. AN ACT to incorporate the town of Rowlett's Station, in Hart county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the town of "Rowlett's Station," as now laid Boundary of off, be, and the same is hereby, incorporated, and the boundary of the same shall be one thousand three hundred and twenty yards, in all directions, from the railroad depot in said town. 2. That the said town shall be under the control and Board trustees to management of a board of five trustees, who shall be control, govern, chosen, and governed in their duties and action, by the provisions of articles two, three, and four, chapter one hundred and seven, of the General Statutes, which are hereby made a part of this charter duties defined. § 3. That the same board of trustees shall be conservaTrustees & their tors of the peace, and it is hereby made the duty of the same, through the chairman, or any member thereof, to prosecute, by warrant, in the name of the trustees, all cases of violation of law which may come under their notice, or which may be brought to their knowledge by complaint of others, such as breach of the peace, misdemeanors, drunkenness, profane swearing, selling intoxicating liquors contrary to law, &c. liquors, &c., pro § 4. That the said board of trustees shall have no power Sale of spirituous or authority to grant license to any person or persons whathibited, and pen- ever for the sale of any spirituous, vinous, or malt liquors alty for violating within said town; and no merchant, grocer, tavern-keeper, or druggist, or any other person or persons, shall be permitted to sell, or keep and offer for sale, any spirituous, vinous, or malt liquors, or any mixtures of the same, or provisions. |