1874. Term of office of directors. vacancies in their body. they shall serve until their successors are chosen, and after the first election they shall be annually elected on the first Monday in January of each year, of which election notice shall be given for ten days in at least one newspaper published at Danville. The president and diBoard may fill rectors shall fill all vacancies that may arise in their body from death, resignation, or removal from the city, or the failure to meet their engagements to the company with City of Danville promptness: Provided, however, That the city of Danville may subscribe shall have the right, upon subscribing ten thousand dollars of stock, to appoint or elect two of the seven directors; and should said city of Danville subscribe fifteen thousand dollars in stock, then to have the right to appoint or elect three out of the seven directors, the residue of said directors to be elected by the individual stockholders. And that section fourteen of said act be so amended as to read as follows: Question of sub scription of stock people. to be submitted to § 2. That the city of Danville shall have the right to subscribe any or the whole number of shares in said company, and to pay for the amount so subscribed; but said subscription shall not be made until the question shall have been submitted to the qualified voters of said town and approved by a majority of the votes cast at said elecNotice of election tion, due notice of which shall have been given by ad to be given. to pay said subscription. Board may ap vertisement for at least twenty days in some newspaper published in said town of Danville. If said vote shall be in the affirmative, it shall be the duty of the mayor and city council or board of trustees to subscribe for the number of shares directed at said election; and to pay for the amount so subscribed, the mayor and council or board of May issue bonds trustees shall have the power to issue the bonds of the city, to bear any rate of interest, not to exceed ten per centum per annum; and shall make a separate levy of tax for the liquidation of such issue of bonds and interest as may be determined by said mayor and council or board of trustees, in such manner and on such terms as they may direct, and appoint a collector of said tax, who shall po.nt collector of be required to execute bond, with sufficient security, in an amount not less than five thousand dollars, conditioned as may be required by said mayor and council or board of trustees. And said collector shall receipt separately for said tax, when collected, which receipt shall be transtaken or stock in ferable; and when an amount equal to one or more shares of stock in said Danville Gas-light Company shall be presented at any one time by any one individual, firm, or corporation, it shall be the duty of the mayor and council or board of trustees to transfer to said individual, firm, or corporation, the number of shares represented by the amount in gross of such receipt or receipts at its market value (not below par), and for any excess above taxes. Tax receipt to be said company. pur an even number of shares to give a certificate therefor §3. That this act shall take effect and be in force from and after its passage. 1874. Approved February 7, 1874. CHAPTER 216. AN ACT to empower the county court of Garrard to make additional subscriptions to the Lancaster and Buckeye Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county court of Garrard county be, and they are hereby, empowered and authorized, a majority of the justices of the peace of said county being present and concurring therein, at any regular court, to make an additional subscription of stock to the Lancaster and Buckeye Turnpike Road Company: Provided, That said subscription shall not exceed six hundred dollars to each unfinished mile of said road. § 2. That no money subscribed, as provided in the first section of this act, by said county court, shall be paid to said turnpike road company until each mile of the road subscribed for shall have been completed, or until said court shall be fully satisfied in open court that the said turnpike road company are fully able to complete it with the aid of such subscription. Court may levy tion. § 3. That said county court shall have power, a majority of the justices concurring, to levy an ad valorem ad valorem tax to tax upon all the taxable property in said county, not exceeding twenty cents on each one hundred dollars' worth of property listed for taxation, to raise a sum sufficient to pay off and discharge the said subscription of stock; and said tax may be imposed yearly until the debt is fully paid. 1874. § 4. The said tax shall be collected by the sheriff of said county in the same manner, and for the same comsaid under pensation, as is now fixed for collecting the State reveresponsi nue; and said sheriff shall be responsible on his official bond for all money so collected. Sheriff to collect tax usual bility. § 5. This act shall take effect from its passage. Approved February 7, 1874. Office of road commissioner abolished. Justices to be road commissioners in each district, and to make report. Penalty for failing to dis charge duty. County clerk to make out poll and tax books for each district. Fees of justices. port to justices. CHAPTER 219. AN ACT to amend an act, entitled "An act to create a special road law for Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of an act, entitled "An act to create a special road law for Pendleton county," approved January 26th, 1869, be so amended as to repeal so much of said act as provides for and creates the office of road commissioner. § 2. That in lieu of the office of road commissioner each justice of the peace for said county, by virtue of his office, shall, within their respective magisterial districts, perform all the duties required to be performed by said road commissioner, and report, in writing, how and in what manner they have performed said duties, at the regular court of claims in November of each year for said county; and for a failure to do so as required of said road commissioner in said act, shall be liable to all the pains and penalties denounced against said commissioner, and to be enforced in like manner as is in said act provided for. §3. It shall be the duty of the clerk of the county court of Pendleton county to make out and deliver to each of the justices of the peace of said county a copy of the poll and tax-books for their respective precincts, showing the amount of tax to be paid by each and every person so living or liable to pay tax in said precinct; and he is allowed not exceeding forty dollars, to be paid as in the original act to which this is an amendment. § 4. The justices of the peace shall be paid each the sum of two dollars and fifty cents per annum for their services under this act, to be deducted from their road tax, and in no other way. § 5. It shall be the duty of each overseer to report to Overseers to re- the justices of their respective precincts, on or before the first Monday in November of each year, and for a failure to do so they shall each, upon conviction, pay the sum of ten dollars. 1874. Justices to recom § 6. That the justices shall make out and furnish a list of suitable names for road overseer to the county court, on the first Monday in January every two years, which over-end overseers to seers shall serve for two years, and until their successors county court. are appointed and qualified; and for a failure on the part Term of office of of the magistrates to comply with section, they shall each, upon conviction, be fined in any sum not exceeding twenty-five dollars § 7. That it shall be the duty of the county attorney to furnish the justices a list of all new roads established by the county courts at least once a year; and for failure to do so shall be fined, upon conviction, in any sum not exceeding twenty-five dollars: And provided further, It is hereby made the imperative duty of the county attorney to settle once a year with the said justices, and report to court of claims. § 8. That it shall be the duty of the overseers to list all claims against delinquents with the constables of their respective districts, taking their receipt for same, who shall proceed to collect the same, and pay over to the overseer listing said claims, which sums, when so collected, shall be expended in the purchase of tools for the use of road, or expended in work upon the road where the labor was due from said delinquents. overseers. County attorney to report new road to justices, & to settle once per tices and report. annum with jus Overseers to list constables, & how fines to be dis delinquents with posed of. § 9. That the overseers shall receive not exceeding Fees of overseers. fifteen cents per hour for time on the road, and in warning and overseeing hands, and this shall be allowed said overseer by the justice when overseer returns his list, which list shall be certified by said overseer under an oath administered by said justice, that the same is correct: And provided further, That the justices shall report, at court of claims, all moneys in his hands, and all facts he may deem necessary pertaining to the roads in his districts. Road to be worked at least 10. Overseers must give their roads at least one general working before the 10th day of June in each year. annually All male persons over the age of sixteen and under fifty are subject to the provisions of this act. § 11. That overseers shall have the power to straighten or alter roads where the same will conduce to the public welfare, where the parties in interest on both sides of the road agree to the same, which agreement must be in writing, and returned with the other papers to the justice when overseer returns his road list. § 12. All moneys arising from fines under this act shall be applied to the working of roads in the precincts where such fines are assessed. 13. This act to take effect from its passage. hands. Overseers may roads by consent of owners of straighten & alter property. How all fines to be disposed of. 1874. of town officers. CHAPTER 221. AN ACT in relation to the town of Flemingsburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to amend the charter of the town of Flemingsburg," approved on the 10th day of February, 1870, be, and the same is hereby, repealed. § 2. In lieu thereof be it enacted, that the term of office Term of office for which all officers of said town, including police judge and town marshal, shall be elected, shall be for one year, or until their successors shall be duly qualified. §3. The first election under this act shall be held on When and where the first Monday in August, 1874, and an election shall be held for such officers on the same day every year thereafter, and shall be held at the court-house. election to be held. § 4. The officers of said town now in office shall hold until their successors are elected and qualified under this act. § 5. This act shall take effect on and after the first Monday in August next. Approved February 7, 1874. rated. CHAPTER 222. AN ACT to incorporate the town of California, in Campbell county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the town of California, in Campbell county, Town incorpo- is hereby incorporated, and its municipal affairs shall be vested in three trustees, who shall be elected annually, on the first Saturday in April, by the legally qualified voters of said town. The said trustees, and their successors in office, shall hold their offices for one year; and they shall be a body-politic and corporate, known by the name and style of the "Trustees of the town of California;" and by that name shall be capable of contracting and being contracted with, suing and being sued, and pleading and being impleaded with, in all the courts of this Commonwealth; and before entering upon the discharge of their duties, they shall each take an oath before a justice of the peace that they will faithfully and without partiality to any one discharge their duties as trustees while in office. Name and style. powers. Corporate § 2. The first election for trustees under this act shall When and where take place on the first Saturday in April, 1874, after a held, and notice Written notice set up at two of the most public places in the town of California at least ten days before the elec election to to be given. be |