provided by law applicable to assessors of tax and their deputies in this Commonwealth. 3. This act shall be in force from and after its passage. 1874. Approved February 20, 1874. CHAPTER 395. AN ACT to amend an act, entitled "An act to incorporate the Warsaw WHEREAS, The Warsaw Turnpike Road was, by the direction of the president and directors of said company, located sixty feet in width, with a grade of twenty-six feet wide, and metal thereon sixteen feet wide, as far as Vera Cruz, in Gallatin county; and from Vera Cruz bridge to Eagle creek, in said county, the grade was directed to be twenty-two feet wide and macadamized nine feet in width; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That said turnpike road be, and the same is hereby, located and established sixty feet in width, with the same width of grade and metal as hereto directed and established by the president and directors as set out in the aforesaid preamble; and the said turnpike company, or their lessees, shall have full power and authority to use any timber, stone, or dirt, or any material fit for their use, in repairing, and keeping said road in repair, which may be embraced within the sixty feet as thus located, so long as said road may be continued by said company or their lessees. § 2. That it shall be lawful for said turnpike company and their lessees to demand and receive for travel on said road the following rate of toll, to-wit: For every man and horse traveling four miles, five cents; for every horse and buggy traveling four miles, ten cents; for every buggy and two horses traveling four miles, fifteen cents; for every carriage and two horses traveling four miles, twenty-five cents; for every wagon or cart and two horses or two oxen traveling four miles, ten cents; for every wagon or cart and four horses or four oxen traveling four miles, fifteen cents; for every wagon or cart and six horses or six oxen traveling four miles, twenty cents; for every horse, mule, jack, or head of cattle traveling four miles, three cents; for every hog or sheep traveling four miles, one half cent; for every horse-cart traveling four miles, seven cents; and for any distances of travel on said road, be the same greater or less, through or between the toll gate, the same rates are to be charged as aforesaid in proportion to the distance 1874.. traveled; and for persons traveling to or from the Johnson or Napoleon dirt road over said turnpike to or from the town of Warsaw, the aid company or their lessees may have, demand, and collect the following rates of toll, to wit: For going and returning for man and horse, one cent; for going and returning for buggy and horse, two cents; for going and returning for buggy and two horses, three cents; for going and returning for carriage and two horses, five cents; for going and returning for wagon or cart and two horses or two oxen, two and one half cents; for going and returning for wagon or cart and four horses or four oxen, three cents; for going and returning for wagon or cart and six horses or six oxen, four cents; for going and returning for each hog or sheep, one eighth of a cent; for going and returning for horse, mule, jack, or head of cattle, one fourth of a cent; for going and returning for each horse-cart and horse, two cents. § 3. That on and after the passage of this act the president and directors of said road shall be elected for the term of three years, and until their successors in office are elected and qualified. Each stockholder in said company shall be entitled to one vote for said officers for each share of stock they may own. § 4. If any person or persons shall defraud or attempt to defraud the company, or lessees thereof, by going around its toll gate or traveling between the same, or through the farms adjoining or contiguous to said road, or in any other manner attempt to evade the payment of toll or lessen the amount of tolls fairly payable by them, according to the rate aforesaid, for each and every such offense they shall be fined in a sum not exceeding ten dollars, to be recovered on a warrant before a justice of the peace, to be issued in the name of the Commonwealth, and for the use and benefit of the Commonwealth, or it may be recovered on a warrant issued in the name of said company for the use and benefit of the same; and a capias may issue to recover said fine in the name of the Commonwealth § 5. Be it further enacted, That chapter one hundred and ten, General Statutes, entitled "Turnpike, Gravel, and Plank Roads," and the laws and provisions thereof, shall be, and the same are, made applicable to the turnpike road of said company, so far as the same does not conflict with the original and amended charter of said company, but no further. § 6. This act shall take effect from and after the passage thereof. Approved February 20, 1874. CHAPTER 396. AN ACT to establish and provide for a colored free school in the city of Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the mayor and council of the city of Owensboro, in addition to the taxes authorized by the charter of said city, be, and they are, authorized to levy a tax of two dollars and fifty cents on every male person of African descent over the age of twenty-one years resident in the said city of Owensboro; and also to levy upon the property owned by all persons of African descent resident in said city a tax of seventy cents (70 cents) upon each one hundred dollars' worth of property situated therein liable for taxation for State and revenue purposes, the proceeds of which shall constitute a fund for the education of the colored children resident in said city. 1874. Mayor & council my levy tax on colored people. § 2. The said taxes shall be collected in the same man- Mode & manner ner that the taxes are collected for the support of the pub- of collecting tax. lic school for white children in the city of Owensboro, and by the same officers; and when collected, shall be paid to the treasurer of said city, who shall be responsible therefor on his official bond, and shall pay them out upon the order of the board of trustees hereinafter provided for. 3. The mayor and council shall appoint seven persons, residents of the city of Owensboro, at their first stated meeting in May, who shall be the trustees of the school herein provided for; and it shall be their duty to apply the fund raised under this act, as they may deem best, to the erection or renting of school-rooms, and the establishment and support of schools for the benefit of colored children between the ages of six and twenty years, resident in the said city; they shall take an oath faithfully to perform their duties as such trustees, and shall hold their offices for one year, and until their successors shall have been qualified; they shall keep a record of their proceedings in a book or books provided for the purpose, and transmit a semi-annual report to the council of the condition, resources, number of scholars attending said school, and their receipts and disbursements. 4. The said board of trustees shall have power to make all by-laws and rules for the government of themselves and appointees, and for the dispatch of business, and for the management, control, and government of the schools. § 5. The board of trustees shall appoint all teachers and other persons necessary to successfully carry on said schools, and prescribe all rules for their government, and fix their compensation or salaries; and may dismiss or Trustees, how appointed, term of office. and Power and duties of trustees. Teachers ap pointed-comdies arranged. pensation - stu suspend any teacher or other person appointed by them; prescribe the branches of education to be taught in the schools; grade the schools and classes, and prescribe the necessary qualifications for, and the mode of examinations of, pupils or persons applying for admission to the schools; they shall provide class-books for the children. whose parents are unable to purchase them. § 6. That the fund provided for by this act shall be paid in money, and shall be kept separate and apart from the other moneys for the city; and when any person owing taxes herein provided for shall have no property subject to levy for the same, the officer collecting said tax may serve a notice upon any debtor of said person, which shall operate as an attachment, and shall be authorized to receive from such debtor the amount of such tax, and the payment to him shall be a discharge to that extent of the debt. § 7. Provided, that no tax shall be assessed under this act until the question of taxation shall have been submitted to the colored voters of the city of Owensboro, and a majority of said voters polled at said election shall vote in favor of said tax. Said question shall be submitted by the city council of Owensboro, upon the application of five colored voters in said city, under such rules and provisions as they may prescribe in the order of submission. Notice of said election shall be given in the papers published in Owensboro for two weeks prior to said election. § 8. This act to take effect and be in force from and after its passage. Approved February 20, 1874. CHAPTER 397. AN ACT to create the office of street commissioner in Newport, Campbell county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the office of street commissioner be, and is hereby, created in the city of Newport, in Campbell county, subject to the hereafter described conditions. The duties of said commissioner shall be to superintend the cleaning and keeping in order of the streets, alleys, and public grounds of said city, under the directions of the board of common council; and he shall receive such compensation as said board shall, from time to time, provide. $2. This act shall not be binding, and of any effect, unless it shall be approved of by a majority of the legal voters of said city voting at an election, which it is hereby made the duty of said board of council to order and provide for being held in said city, on the first Monday in March, 1874, where the said voters shall vote aye or no on said proposed office. §3. On the first Monday in March, 1874, the legal voters of said city shall vote for some suitable person to fill the office of street commissioner, and the person receiving the highest number of votes shall be entitled to the office; provided a majority of the legal voters of said city have voted in favor of said office; and he shall hold said office until the next general election provided for in said city for city officers. § 4. This act shall take effect from its passage. Approved February 21, 1874. 1874. . CHAPTER 398. AN ACT to insure and facilitate the payment of wages to laborers for the city of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be the duty of the auditor of the city of Louisville, after a claim or demand against said city has been acted on and allowed by the general council thereof, to issue his warrant for the amount thereof, which shall be signed by the mayor of said city, and countersigned by said auditor; said warrant shall, in all cases, be receivable in payment of city taxes. § 2. This act to take effect from and after its passage; and all laws in conflict here with are hereby repealed. Approved February 20, 1874. Warrants on city ceivable for taxes in said city. treasury to be re CHAPTER 399. AN ACT for the benefit of the administrator of F. M. Weeden, late sheriff of Mason county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Two years allowed adminis § 1. That further time of two years is given the administrator of Frederick M. Weeden, deceased, late sheriff of trator to collect Mason county, in which to collect his uncollected taxes fee bills, &c. and fee bills; and that he have the right to distrain for the same, subject to all the penalties imposed by law for illegal distraints or the collection of illegal fee bills. § 2. This act to take effect and be in force from its pas sage. Approved February 20, 1874. |