1874. May levy tax for road purposes, & sheriff to collect and account for same. The money so received by surveyors shall be expended § 3. That the county court of said counties may, at § 4. That the tax provided for in the preceding section Tax collected to shall be a bridge and road fund, and expended, as the county court may direct, in building and repairing bridges, opening and repairing roads. constitute bridge and road fund. roads repealed. § 5. All laws touching the public roads within said All laws touching counties are hereby repealed, and the General Statutes as hereby modified shall be in force, except as to the towns of Ashland and Catlettsburg, in the county of Boyd; the special laws applicable to these towns are not repealed, but shall remain in full force. § 6. This act shall take effect May 1st, 1874. Approved February 16, 1874. 1 CHAPTER 320. AN ACT for the benefit of Achilles Nelson, trustee for Stephen Richardson, Be it enacted by the General Assembly of the Commonwealth 1. That the sum of three hundred and nine dollars and forty-four cents be appropriated to Achilles Nelson, trustee of Stephen Richardson, of Russell county, and that the Auditor is hereby directed to draw his warrant upon the Treasurer for the above sum, to be paid to said Nelson for the benefit of said Stephen Richardson, a lunatic of Russell county. §2. This act shall be in force from and after its pas sage. Approved February 16, 1874. CHAPTER 321. AN ACT for the benefit of S. R. Thurman. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, directed to issue his warrant upon the Treasurer in favor of S. R. Thurman for the sum of ($52 32) fiftytwo dollars and thirty-two cents, it being the sum allowed him for acting Commonwealth's Attorney at the Anderson circuit court, June term, June 9th, 1871, and at the Taylor circuit court, October term, October 17th, 1871. § 2. This act shall take effect from its passage. Approved February 17, 1874. 1874. CHAPTER 322. AN ACT to amend an act, entitled "An act to authorize the sale of the Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Scott circuit court may adjudge a sale of the Stamping Ground and Lecompt's Run Turnpike Road under the act to which this is an amendment, whether the purchase price therefor shall or not be sufficient to pay off the whole of the indebtedness of said road. § 2. That before such sale shall be adjudged to be made by said court, the directors of said road shall file an amended petition, making all the creditors of said road, who are not plaintiffs, detendants to the action, and have them served with summons in the manner provided in the Code of Practice; and in addition to the proof already in the case, it shall be established by deposition or oral proof that the allegations of the amended petition are true. § 3. That if said road should not sell for enough to pay all said indebtedness, then the proceeds of sale, after paying the costs and expenses of the suit, shall be distributed among the creditors of the road in proportion to their debts. § 4. This act shall take effect from its passage. Approved February 19, 1874. CHAPTER 323. AN ACT to authorize a sale of the Georgetown, Oxford, and Leesburgh WHEREAS, It is represented that the Georgetown, Oxford, and Leesburgh Turnpike Road is indebted for its con LOC. L.-25 1874. struction in a sum greater than the tolls thereon will pay, after keeping the road in repair; now, therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Scott circuit court shall have power to adjudge a sale of that portion of said road lying between Georgetown and Oxford, upon petition filed by the directors thereof, alleging that its tolls will not pay off the debts of the road, after keeping the same in repair, and setting out all the debts owing by said road, and the persons to whom they are owing. § 2. All the creditors of the road shall be made parties, plaintiff or defendant, and the latter shall be summoned as provided in the Code of Practice. Before the judgment shall be entered, proof shall be made to the court, either by depositions or otherwise, establishing the truth of the allegations of the petition. §3. That the purchaser of said road shall be entitled to all the rights, privileges, and franchises given to it by its charter, and shall be subject to all the liabilities, restrictions, and limitations imposed by said charter or the laws of the State; and said purchaser shall hold said road free from all indebtedness heretofore existing against said turnpike company. § 4. That the Scott county court, two thirds at least of the justices thereof being present, and a majority of those present concurring therein, be, and they are hereby, au thorized to buy said road at said sale; and if they purchase the same, all its rights, privileges, and franchises shall belong to said county, to be managed and controlled by said court. § 5. That the proceeds of said sale shall be applied to the payment of the indebtedness of said road; and if there should be any surplus, alter paying said indebtedness, it shall be divided pro rata among the stockholders according to their respective amounts of stock; and if there should not be enough to pay all the debts, then the proceeds of sale shall be apportioned pro rata among the creditors of the road. § 6. This act shall take effect from its passage. Approved February 19, 1874. CHAPTER 324. AN ACT to amend an act, entitled "An act to reduce into one all acts in relation to Barbourville." Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1874. coffee-house B cense. §1. That an act, approved February 2, 1871, entitled Trustees may fix "An act to reduce into one all the acts concerning the town of Barbourville," be amended viz: The trustees shall have power to fix the tax for coffee-house license, or any other license to sell liquors, at any sum in their discretion, not less than ($100) one hundred dollars, and not to exceed five hundred dollars ($500). § 2. It shall be the duty of the trustees of said town to revoke the license of any coffee-house or saloon-keeper upon the affidavits of two responsible witnesses showing that said grocery, saloon, or coffee-house keeper has permitted any game of chance, for profit or for amusement, to be played in his grocery, saloon, or coffee-house, or has sold or given liquor of any sort to a minor, or permitted it to be old or given in his house to such minor; and in addition thereto, to the said liquor dealer shall be responsible for any damage that may accrue to any person by reason of such sale of whisky, to be recovered by suit or warrant in any court of competent jurisdiction in this Commonwealth at the suit of the Commonwealth, and for the benefit of the party aggrieved. License to be revoked where gambling is allowed or liquor sold to minor. Liquor dealer to be responsible for action. damages in civil No liquor dealer § 3. No person shall be eligible to the position of trustee who is at the time a vendor of ardent spirits; and if eligible for trusone of the trustees should, after his election, become a vendor of ardent spirits, his office shall become vacated, and it will be the duty of the trustees to fill the position as in other cases of vacancy. When election of town officers to be § 4. The election for trustees, police judge, and marshal shall be held on the third Saturday in February in held. each year, instead of the first Saturday in January as now required by law. Trustees to order ficers. election for of § 5. And whereas, on the first Saturday of January, 1874, an election was attempted to be held for police judge, town marshal, and a board of five trustees; but said election not being held as provided by said act, therefore, be it enacted by the General Assembly of the Commonwealth of Kentucky, that on the first Saturday in February, 1874, the body now known as the trustees of said town shall, in manner and form as provided in said act, cause to be held an election for town marshal and five trustees, which election shall, in all respects, conform to said act; and said election shall, to all intents and purposes, be as legal as if held by a legal board at the time designated by said act. A police judge for said town elected. When police judge to be 1874. shall be elected on the first Monday in August, 1874, hy the qualified voters thereof. § 6. This act shall take effect from its passage. Approved February 19, 1874. CHAPTER 326. AN ACT for the benefit of John P. Barrett, late sheriff of Ohio county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John P. Barrett, late sheriff of Ohio county, have the further time of two years from the first day of April, 1874, to collect any uncollected fee bills and any uncollected taxes due him, and which he has in anywise accounted for and paid; and said Barrett, or any one of his late deputies, shall have the same power, for said time of two years from April 1st, 1874, to distrain, levy, and sell, in the collection of any of the said fee bills and taxes due him and remaining in his hands uncollected, that sheriffs now have for the collection of fee bills and taxes; but the said Barrett and his sureties on his official bonds shall be responsible to any one injured by an illegal seizure or proceeding under the privileges of this act; and the said John P. Barrett shall be subject to all the penalties now in force by law for issuing or collecting illegal fee bills. § 2. This act to be in force from and after its passage. Approved February 17, 1874. CHAPTER 327. AN ACT to amend an act, entitled "An act to protect the owners of land, and to prevent certain trespasses in Logan and Todd counties," approved March 20, 1872. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section one of an act, entitled "An act to protect the owners of land, and to punish certain trespasses in Logan and Todd counties," approved March 20th, 1872, be, and the same is hereby, amended by inserting after the word "fish," in line four of said section, the words "or for any other purpose not legitimate," and before the word "or" in the same line. § 2. This act shall be in force from its passage. Approved February 17, 1874. |