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1874.

sioners to be

elected every two years.

lane by L. L. Dorsey's place, following the west branch of said lane to the intersection with the Stony or Sinking fork of Beargrass creek; thence westwardly along said Stony or Sinking fork of Beargrass creek to the intersection with the Branch Shelbyville and Louisville Turnpike Road; thence still westwardly along said Branch Shelbyville and Louisville Turnpike Road to Beal's Spring avenue; thence still westwardly along said Beal's Spring avenue to the intersection with Willow street; thence northwardly along Willow street to the intersection with Transit avenue; thence westwardly along Transit avenue to the intersection with East Broadway; thence northwardly along East Broadway to the boundary line of the city of Louisville; thence eastwardly, and along the eastern line of said corporate bounds of the city of Louisville, to the beginning, all lying in said county of Jefferson, are hereby created a corporate body, by the name and style of the Municipality of Beargrass, with the police powers and for the municipal purposes hereinafter designated.

§ 2. The qualified voters within said municipality shall, Police commis- on the fourth Monday after the approval of this bill, elect three police commissioners, who shall hold their office until the first Monday in August, 1875, and until their successors are elected and qualified. On the first Monday in August, 1875, and on the first Monday in August of every succeeding second year thereafter, said voters of said municipality shall elect three commissioners, who shall hold their office until their successors are elected and qualified.

and payment thereof.

§3. The presiding judge of the county court for JefMode of electing ferson county shall, within one month next preceding the time of holding said elections, designate the place or places for voting, and appoint and qualify the proper officers for holding said elections, which order shall be published three times in two of the daily newspapers of Louisville, and not less than two weeks preceding the time of holding said elections. The judges of election. shall return the poll-books to the judge of the county court, who shall count the votes, and decide who has been elected commissioners, and notify them that they have been elected The officers of said elections shall be paid, out of the fund herein created, the same compensation as like officers receive for like services at State elections.

Judge county

court to appoint when those elect

commissioners

ed fail to qualify.

§ 4. It shall be the duty of the commissioners to qualify, within five days after such notification, by taking an oath, subscribed by them before the county judge, that they will faithfully discharge the duties imposed by this act; and should the persons, or either of them, so elected and noti

fied. fail to qualify within the time aforesaid, the judge 1874. shall summon him or them, and, if need be, compel his or their appearance, and the commissioners elected shall qualify and perform the duties imposed by this act, unless excused by the consent of the court for cause set out in the order. Should all of the persons elected be excused, then it shall be the duty of the county judge to nominate and qualify three residents of said municipality to act until the next election, and until the persons elected shall qualify. Should any of the persons elected qualify, the judge of the county court shall, with the approval of such as may qualify, fill any and all vacancies in the board of commissioners.

Duty of assessor

ty in the district.

§ 5. It shall be the duty of the assessor of Jefferson county to make an alphabetical list each year of the names of all of Jefferson counthe male inhabitants of said municipality over the age of twenty-one years, and a list of the real estate in said municipality, specifying to whom each piece of land belongs, and the value thereof, and he shall deliver said lists to the commissioners hereinbefore named by the first day of April in each year; and for his services he shall be paid, out of the fund herein created, the same proportionate amount he would receive from the State for like services. $6. The commissioners shall, within ten days after the receipt of said lists, assess an annual capitation tax of not less than fifty cents nor more than one dollar per head upon all the male inhabitants of said municipality over twenty-one years of age; and in the event the commissioners find, after making a reasonable allowance for probable delinquencies, that the capitation tax will be insufficient for the expenses of the municipality, they shall assess an annual ad valorem tax upon the owners of the real estate within said municipality of not more than one half of one per cent upon the one hundred dollars.

Duty of com

missioners in rements for taxes of municipality.

lation to assess

to pay expenses

Jefferson county court to require

to sheriff.

§ 7. After the commissioners have made the aforesaid assessment, they shall return the aforesaid lists with a payment of report of their assessment to the county court of Jefferson county, and thereupon it shall be the duty of said county court to make an order requiring the inhabitants of said municipality to pay to the sheriff of said county the taxes so assessed.

§ 8. It shall be the duty of the clerk of the county court of Jefferson county to file away and safely keep the lists and assessments of the commissioners as public records, and he shall make and certify from said lists appropriate copies, and deliver the same to the sheriff by the first day of June of each year, taking the sheriff's receipt therefor, which he shall also file away, and keep as a public record; and for the services rendered by the clerk under the requirements of this act he shall receive, out of the

tax

County clerk to lists of preserve

takes to be assess his fees for same.

ed and collected;

1874.

Sheriff's duty in regard to tax to be collected.

appointed, & his duties.

fund herein created, the same proportionate pay as he receives from the county for like services.

§ 9. The lists and tax bills so received by the sheriff from the clerk shall be his warrant for the collection of the taxes, and it shall be his duty to collect the same, and he shall have the same powers and rights in regard thereto as upon tax bills due to the State; and he shall receive, out of the fund herein created, like compensation as for like work in collecting State taxes. The sheriff shall, upon July first, August first, September first, October first, November first, and December first, of each year, render to the treasurer hereina!ter named a full and true account of the taxes collected up to those dates respectively, and pay the sum then in his hands to the treasurer in cash; and it shall be the duty of the sheriff and treasurer to settle with the commissioners in the month of December of each year; the commissioners to make, on such settlements, any reasonable deductions for delinquencies of tax-payers; and such settlement shall be reported by the commissioners to the county court of Jefferson county in the following January. If the commissioners and sheriff, or either of them, fail to report a settlement by the first day of February following, it shall be the-duty of the county court of Jefferson county to summons the commissioners, sheriff, and treasurer, to show cause why a settlement has not been made; and, if need be, said court may, by proper process and orders, coerce a settlement. The sheriff and his sureties shall be responsible on his official bond to the municipality hereby created for any default in the discharge of the duties imposed by this act.

§ 10. It shall be the duty of the commissioners to ap Treasurer to be point a treasurer of the municipality, whose appointment shall be approved by the judge of the county court of Jefferson county; and the person so appointed and approved shall give bond, with surety, to be approved by said court, to account for all the moneys of the municipality that may come into his hands. None of the commissioners shall be treasurer or surety on the treasurer's bond. It shall be the duty of the treasurer to receive of the sheriff and receipt for all the moneys collected under this act, and he shall only pay said moneys out upon orders signed by the three commissioners; and the commissioners are authorized to allow the treasurer such compensation as will not exceed five per cent. upon his disbursements.

to nominate patro!

§ 11. It shall be the duty of the commissioners, immeCommissioners diately upon entering upon the duties of their office, to to county court nominate to the judge of the Jefferson county court six (6) of the inhabitants of said municipality as a patrol, one of patr and have whom the commissioners shall name as captain. The & duties of patrol patrol so nominated shall qualify before the judge of the

for appointment

may discharge

others appointed,

defined.

Jefferson county court, by taking an oath, and giving 1874. bond, with approved security, to discharge faithfully the duties of the office of a patrolman. The commissioners shall have power to discharge any of said patrolmen at any time, and nominate to the county court others in their stead. Said patrol shall have the common law and statutory powers of a policeman; and shall, as early as practicable, after making an arrest, take the party arrested before a justice of the peace of Jefferson county, which justice shall have the same power to dispose of the offender as two justices have under the general laws. The pay of the common patrolmen shall be not more than two dollars and fifty cents per day, and the pay of the captain shall be not more than two dollars and seventy five cents per day. When on duty the patrolmen shall wear such uniforms or badges as the commissioners may direct, and said patrolmen shall patrol on foot or horseback, as the commissioners may direct.

The

Record to be kept by commis

sioners, and may

employ clerk and pay him $300 salary.

§ 12. The commissioners shall keep a record of their proceedings, and are authorized to employ a clerk, who shall be compensated out of the fund herein created, not exceeding three hundred dollars ($300) per annum. commissioners shall meet as often as once a month, and shall require of the captain of the patrol, as often as reports from once a month, a report, in writing, of the actings and doings of the patrol.

13. The county court for Jefferson county shall have jurisdiction over all questions and powers arising out of this charter.

§14. This act shall take effect from its passage. Approved February 11, 1874.

Shall require

patrol.

Jefferson county diction of all mat

court has juris

ters concerning this charter.

CHAPTER 257.

AN ACT to legalize certain orders of the Larue county court of claims. WHEREAS, At the October term, 1873, of Larue county court (the presiding judge and a majority of the justices sitting). it was ordered by the court that an ad valorem tax of fifteen cents on each one hundred dollars' worth of taxable property in the county be levied for the purpose of erecting and constructing a jail in the town of Hodgenville in said county, and for other purposes for public use in said county; therefore,

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

§ 1. That all the acts and orders of the judge of said county, and the court of claims, held in their October term, in the year 1873, in accordance with the above

Order levying

tax legalized.

1874.

preamble, be, and the same are hereby, legalized, and said taxes shall be collected as the revenue proper of the State is now by law collected.

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

Approved February 11, 1874.

CHAPTER 258.

AN ACT to authorize the judges of the Bourbon and Elliott quarterly courts to appoint clerks of said courts.

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

§ 1. That sections (10 and 17) ten and seventeen of article thirteen (13) of chapter twenty-eight (28) be so amended that the judges of the Bourbon and Elliott quarterly courts shall have the power to appoint clerks of said courts, who shall have the same powers as, by section seventeen of said article and chapter, the county clerks would have if empowered by said judges to act as clerks of said courts; the said clerks appointed to take the same oath of office, to perform the same duties, to receive the same fees, and be subject to the same responsibilities as in said section, article, and chapter, provided.

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

Approved February 11, 1874.

CHAPTER 259.

AN ACT for the benefit of L. D. Padgett, of Pulaski county. WHEREAS, Henry Owens, of color, was adjudged by the Pulaski quarterly court to be a lunatic, and confined in jail of said county, and was, by a proclamation dated

day of, 1873, by His Excellency, P. H. Leslie, ordered to be sent to the lunatic asylum at Anchorage, Kentucky; and whereas, W. S. Shepperd, jailer of said county, summoned L. D. Padgett to convey and guard said lunatic to said asylum, which he did on the 17th day of October, 1873, and the superintendent of said asylum. refused to receive said lunatic, whereupon said Padgett returned said lunatic to the jail of said county; 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 on the Treasurer in favor of L. D.

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