1874.

Boundary kept by trustees, and recorded in the

county court.

appointed,

and

1874, and annual

elections thereafter.

hereby, established as 'the town of Garnettsville: beginning on the west side of Otter creek opposite the house of James A. Withers, and running thence to the spring on J. C. Lawson's farm; thence to the southeast corner of Salem College lawn; thence to a large poplar in Dr. H. K. Pusey's field thence to Otter creek at the head of Sterett's mill-pond; thence with the creek, including the stream, to the beginning, containing about one hundred and fifty acres.

§ 2. That a copy of said boundary be kept by the trustees of said town, subject to inspection at all times by the citizens of said town, and that the said trustees cause another copy to be filed in office of the county court of said county.

§3. That F. K. Summers, Joseph W. Buckler, W. A. First trustees Hutchins, and Jos. B. Daugherty, are hereby appointed to hold till elec- trustees of said town, and shall hold their oflice until tion in August, the first Monday in August, 1874, at which time, and annually thereafter, there shall be clected by the qualified voters of the town three trustees to serve for one year, and until their successors are duly elected and qualified. § 4. That all citizens living in the town who are qualQualification of ified to vote and hold office under the Constitution and laws of Kentucky are entitled to vote and hold office in said town.

voters.

Police judge and marshal elected.

to

§ 5. A police judge and town marshal shall be elected and by the qualified voters of said town, on the first Saturday in April next, who shall hold their office until the next regular election of county judge and sheriff of said county, at which time the said officers shall be elected for the same term as the aforesaid county officers.

sworn and bond of marshal.

§ 6. Said officers, including the trustees, shall, before Officers to be they enter upon the duties of their office, take the oath prescribed by law; and the marshal shall execute bond in the county court, with approved security, conditioned for the faithful discharge of his duty.

police judge and marshal.

§ 7. Said police judge shall have concurrent jurisdicJurisdiction of tion with justices of the peace in the Garnettsville voting precinct in all criminal and penal cases; and to charge the same fees for services as justices of the peace are allowed to charge. The marshal shall have concurrent jurisdiction with constables of Meade county, and charge

pass by-laws.

the same fees for their services.

§ 8. The trustees are empowered to pass such by-laws Trustees may and enact such regulations as may be necessary for the good government and well-being of said town, not in contravention with the Constitution and laws of Commonwealth, and to fill any vacancy in any office created by this act that may occur.

1874.

Trustees to levy

of officers.

§ 9. Said trustees shall have power to levy a tax on all persons living in said town, or owning property in the corporate limits, not exceeding fifty cents on the one tax to pay exhundred dollars' worth of property ad valorem; also the penses & salaries power to impose a poll tax of not over two dollars on each male citizen over the age of twenty-one years; all to be applied to meet the expenses incident to incorporation, such as payment of salary of marshal, street repairs, &c. And all fines and forfeitures are to be applied by the trustees in such manner as will be beneficial to the town.

§ 10. The board of trustees shall consist of three, one of the members acting as chairman and one as clerk; and they shall keep a record of their proceedings, and such proceedings shall be subject to the inspection of the citizens at any time; and all by-laws or ordinances passed by the trustees shall be posted up by them in not less than three public places in said town, and not less than ten days before the same shall take effect.

Board to consist of three trustees, record of

and

proceedings to be

kept.

Trustees to pur

compensation to

keeper.

11. The trustees shall have power to procure, by purchase ground for chase or otherwise, a lot of ground on which to build a guard-house, and guard-house, and to build said house by subscription or otherwise, for the keeping of prisoners, under the same rules and regulations as govern the county jail; said guard-house to be kept by the marshal, who shall have all the privileges and compensation allowed the keeper of the Meade county jail for like services.

May grant cof

sale of liquors,

§ 12. That the trustees of said town shall have power fee-house license, and authority to grant one or more coffee-house license and regulate the in said town to bona fide keepers thereof, which license &c. shall be signed by the chairman of the board of trustees, and shall run for one year; but before any such license shall be granted the applicant for the same shall pay the clerk of Meade county court the State tax thereon, and shall execute bond in said court, as now provided by law, and shall produce to the trustees the receipt thereof; such license shall not exceed one hundred dollars. The parties selling liquors under these license are required to keep an orderly house. And the trustees hold the power to revoke the license when, in their judgment, it is necessary for the peace and order of the town.

13. This act shall take effect from and after its pas

sage.

Approved February 12, 1874.

LOC. L.-20

1874.

CHAPTER 269.

AN ACT to prohibit the sale of spirituous, vinous, or malt liquors within one and one half miles of S. J. Henry's store, in what is now known as Lewisburg, in Logan county.

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

§ 1. That it shall be unlawful for the county judge of Logan county to grant a license to any person or persons to sell, by wholesale or retail, any spirituous, vinous, or malt liquors, or any mixture thereof, within one and one half miles of S. J. Henry's store, in what is now known as the town of Lewisburg, in said county.

$2. Any person violating this act shall be deemed guilty of keeping a tippling-house, and shall be punished as now provided by law for said offense: Provided, That bona fide keepers and vendors of drugs may sell such liquors upon the written prescription of a practicing physician.

§3. This act shall not be so construed as to interfere with any license to sell such liquors now held by any one. § 4. This act shall be in force from its passage.

Approved February 12, 1874.

CHAPTER 270.

AN ACT to amend the charter of the Springfield, Pleasant Run, and Mackville Turnpike Road Company.

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

1. That the judge of the Washington county court, and the justices of the peace of said county, or a majority thereof, shall, by order of said court, at any regular term thereof, after the passage of this act, locate and fix the route over that portion of the Springfield, Pleasant Run, and Mackville Turnpike Road, lying between Pleasant Run and Mackville.

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

Approved February 12, 1874.

CHAPTER 271.

AN ACT to amend chapter twenty-eight, article five, of the General Stat

utes.

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

§ 1. That chapter twenty-eight, article five, of the General Statutes, be so amended as to provide that the June

term of the Marion circuit court of each year shall have jurisdiction to try and determine only chancery and criminal cases.

§ 2. This act to be in force from and after its passage. Approved February 13, 1874.

1874.

CHAPTER 273..

AN ACT regulating the practice in suits under section twelve of the city charter of Louisville, and amendments thereto.

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

§ 1. That in any suit or action which may be hereafter .brought to enforce payment of any warrants for the cost of the improvements of the whole or any part of any public way of the city of Louisville, under section twelve of the charter of said city, or any amendment thereto, it shall be lawful for the plaintiff to prepare and try his action or suit as to the person or persons or property mentioned in any one of said warrants, notwithstanding said action may not be ready for trial as to other defendants; and such unreadiness shall be no ground for continuance or delay by any defendant as to whom said action is otherwise ready.

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

Approved February 13, 1874.

Actions may be proceeded with

against one deregard to readiness of others.

fendant without

CHAPTER 274.

AN ACT to amend an act to amend and reduce into one the several acts concerning the management of the Wilderness Turnpike Road, approved April 21st, 1873.

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

sev

§ 1. That an act to amend and reduce into one the eral acts concerning the management of the Wilderness Turnpike Road, approved April 21st, 1873, be so amended as to permit the toll-gate to be kept anywhere on said road, from Cumberland Gap to Barbourville, to suit the purchaser.

§ 2. That one half the net proceeds of said gate be applied to the payment of the outstanding indebtedness of the gate, instead of two thirds, as now provided by law, and that the other half thereof be applied to the building of bridges and other improvements on the road.

1874.

overseers, &c.

require road hands to work on road.

Penalty for fail ing to work road.

§ 3. That the county judges of Bell, Knox, and Laurel shall lay off the road in their respective counties into County to La Judes to convenient districts, not to exceed six miles in length, and districts, appoint appoint an overseer in each district by the April term of their respective county courts, 1874, and every year Overseers shall thereafter, who shall require all persons subject to work on county roads residing on or within one mile of said road, measured on a straight line from the road in dispute, to work on the same, not exceeding six days in any one year, and shall furnish suitable tools for that purpose; and if any person subject to work on said road shall fail or refuse to work on said road, or furnish an able-bodied substitute to work in his stead, after having at least two days' previous notice of the time and place of meeting to work, shall be fined two dollars and fifty cents for each day he fails or refuses to work or furnish such tools, which may be recovered by warrant before a justice of the peace in the name of the Commonwealth, one half the amount to go to the informer, the remainder to be applied to the improvement of the road. That the Overseers shall be subject to the same pains and penalties for a failure to perform their respective duties under this act as surveyors of the public highway for a failure to perform their duties, to be recovered in the same man

Pains and penal ties on overscers

for failure to discharge duties.

ner.

§ 4. That said overseers shall be allowed nothing for their services aforesaid; but shall be allowed a reasonable compensation, not to exceed one dollar per day, for his services in employing hands and working on his district of the road, when done by order of his county court; but he shall not in any one year expend on his part of the road more than the proportionate amount due that part of the road.

§ 5. That all persons residing in the counties of Laurel, Clay, and Jackson, who travel on the Crab Orchard fork of the Wilderness Turnpike Road, from the forks of the road at John Pitman's to Livingston Station, or over any part of same in vehicles, or haul in wagons over same, shall pay one half toll at the gate on said road, they not traveling over more than one half the road. The toll on stock and persons traveling on horseback over said road from the counties aforesaid shall remain as now fixed by law.

§ 6. That section ten of the act to which this is an amendment be, and the same is hereby, repealed. That hereafter the judge of the Laurel county court shall have jurisdiction over that part of the Crab Orchard fork of the Wilderness Turpike Road that is included in Laurel county, between the forks of said road, at John Pitman's, and Rockcastle river; and the judge of the Rockcastle county