Page images
PDF
EPUB

1874.

Police judge,

marshal, and at

torney to be

elected, and their qualifications.

marshal to

elected.

or's list. Two fair copies of said lists, arranged in alphabetical order, shall be completed and returned to said board on or before the first day of June, annually. Upon the return of the assessor's lists, the trustees shall give notice that any person or persons who may feel themselves aggrieved by an excess of valuation, may appear before them, at a stated meeting to be held for that purpose on or before the first of July, annually; and upon satisfactory evidence being made to them, they may change such valuation. The assessor shall receive for services rendered such compensation as the board shall determine after the lists are returned.

Judicial.

§ 18. The police court of Millersburg shall remain; it shall be a court of record, composed of a single judge, and shall have a marshal, and may have prosecuting attorney. No person shall be eligible to the office of police judge unless he be over twenty-one years of age, and shall have been a resident of the town one year next preceding his election; the qualifications of a marshal shall be those of a sheriff.

19. The police judge and marshal shall be elected by When judge and the qualified voters of the town at the time and place, and in the manner prescribed by this charter for the election of trustees, and shall hold their respective offices for the period prescribed for the trustees.

Court.

§ 20. Said court shall have jurisdiction of all causes, Jurisdiction of civil, criminal, and penal, in which justices of the peace have jurisdiction; and that in all criminal and penal cases he shall have the jurisdiction of two justices of the peace, and of all misdemeanors occurring and committed within the town.

May arrest all

offenders, take

recognizances, &c

Rules of court.

§ 21. Said court shall also have the power to cause the assets of all offenders for breaches of ordinance or the penal and criminal laws of the State, and commit or discharge, or admit to bail, if bailable, and take recognizances, with surety, for appearance before the proper tribunal, and to impose such fines and penalties as may be prescribed by law for breaches of the said ordinance; said judge shall be a general conservator of the peace within the town, and shall take an oath of office in substance the same as county judge.

§ 22. Said court shall be governed in its rules of procedure by the Code of Practice, and appeals from its judgment may be taken as therein prescribed.

§ 23. Persons arrested under capias pro fine, or in custody, upon whom a fine has been imposed, shall be comuntil same is paid mitted to jail until the same shall be paid, unless discharged

Persons fined to

be placed in jail

by law, or paid by work at the rate prescribed by ordinance, in or out of jail.

1874.

How warrants

are issuable and

§ 24. A warrant to try any person for any alleged offense within the jurisdiction of the police court may be issued triable. by any magistrate of Bourbon county, and shall be made returnable before the police judge, if for a violation of an ordinance of the town; and if, from any cause, the police judge cannot try the case, or fails to attend or hold court, the case may be tried before the officer issuing the warrant, or any other magistrate in the county, who may issue all appropriate mesne and final process in cases cognizable by said court, or which have been adjudicated.

§ 25. Said court, whenever it is necessary, may detain offenders in custody over night, or if such persons are drunk, until they are sober, in the town jail or other safe place.

Court may hold offenders for trial

Proceedings

property on capias

§ 26. That a return of not found on a capias pro fine, or of no property found on an execution of fieri facias, issued under return of no from the police court, shall authorize in any court of competent civil jurisdiction the same procedure for the satisfaction of the judgment that may be had in civil cases after a return of no property found: Provided, Defendant shall have the right at any time to replevy for the same manner as allowed by law in similar cases in favor of the Commonwealth

To whom process shall be di

§ 27. The process of said court shall be directed to and executed by the marshal, unless, for special reasons, the rected. judge cause it to be directed to another, which may be to any sheriff, constable, policeman, or marshal; it shall run in the name of the Commonwealth of Kentucky, and may go into any county of the Commonwealth; and said marshal or other officer may execute it anywhere in the State, or make, by indorsement on the process, a special bailiff to execute it, and the bailiff shall have the right to execute it, and the fees therefor that the marshal has by law. The police judge shall be entitled to a fee of one dollar for issuing a warrant; and each judgment and recording the same, fifty cents; and for all other services shall be entitled to the same fees that are allowed justices of the peace for similar services.

Attorney.

§ 28. That as soon as the board of trustees shall be elected and qualified, at the first (1) regular meeting of the same, they may appoint a prosecuting attorney, who shall take an oath of office to faithfully discharge his duties, and shall be a licensed attorney, and a resident of the county one year next preceding his election, and shall LOC. L.-40

Fees of judge.

Trustees to ap

storey, duties, and com

pensation.

1874.

compensation of marshal.

hold his office one (1) year after his election, or until his successor is duly elected and qualified. It shall be the duty of the town attorney to perform all professional services incident to his office, and, when required, to furnish opinions upon all subjects submitted to him by the board. of trustees or its committees. He shall receive for his services thirty (30) per cent. of all fines imposed by the police court of the town, and of all forfeitures to the board of trustees: Provided, That he shall not receive any portion of any forfeiture until the collecting officers shall have received the same. That the compensation given as aforesaid to the town attorney shall be his fees for such services, within the meaning of the tenth section of the third article of the Constitution of the State, and not subject to be remitted.

Marshal.

§ 29. The marshal of the town, before he enters upon Powers, duties, & the duties of his office, shall take the oaths of office, in substance the same as those prescribed by law for sheriffs, and execute a bond, with sufficient security, in a sum of not less than five hundred dollars, conditioned as may be required by the board of trustees. It shall be his duty to execute and make due return of notices and all processes legally directed to him, and receive and collect fines and forfeitures due and payable to the town, and account for and pay over the same at the time and in the manner prescribed by law; and command and take with him, if need be, the power of the town to aid him in the execution of the duties of his office. He shall attend the meetings of the board, and serve and execute their orders, and all notices issued or made by them. He shall have all the powers, and shall be liable to all the responsibilities, of sheriffs, in the execution of the duties of his office.

§ 30. The marshal shall be ex officio collector of taxes due the town: Provided, That the board of trustees may appoint another collector of taxes for the same reason that the county court may appoint another collector of revenue instead of the sheriff.

§31. A vacancy in the office of marshal shall be temporarily filled by the board of trustees until the next succeeding August election, and until the successor then elected shall qualify.

§ 32. That the marshal shall be allowed to charge the same fees and commissions that are allowed to constables for similar services; and for all other services shall receive such salary as may be determined by the board of trustees.

Miscellaneous Provisions.

§33. If a member of the board of trustees, or if any officer of the town, shall take, or agree to take, any bribe to do, or omit to do, any act in his official capacity, he shall forfeit his office, and be fined in any sum not less than two hundred nor more than one thousand dollars, to be recovered by civil procedure before any judicial tribunal having jurisdiction, or upon indictment or presentment of a grand jury.

[blocks in formation]

Trustees to act

until

successors

§ 34. That the present trustees, and all other officers of the town, shall continue in office until their successors are are qualified. elected and qualified under the present act; and hereby invested with all the powers, rights, and privileges which the trustees and officers to be elected under this act will possess.

Act not to invalidate acts done

laws.

§35. That this act shall not invalidate any legal act done by the board of trustees of Millersburg, or by its officers, under former prior to the passage of this act; and all ordinances and regulations now in force in said town, until altered, modified, or repealed by the board of trustees, after this act shall take effect.

brought.

§ 36. No suit shall be instituted against the trustees un- Where suits to be less the same shall be instituted in the county of Bourbon. §37. That all acts inconsistent herewith are hereby repealed.

§ 38. This act shall take effect from the passage thereof. Approved February 23, 1874.

CHAPTER 555.

AN ACT to authorize the trustees of Morgantown to sell part of Hobson street in said town.

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

§ 1. That the trustees of the town of Morgantown, a majority concurring, be, and they are hereby, authorized to sell to the occupant of Hobson street, in said town, so much thereof as extends between lots Nos. 26 and 75. They are also empowered to make to the purchaser a deed to said parcel of land.

§2. This act shall be in force from and after its pasApproved February 23, 1874.

sage.

1874.

grant liquor li

CHAPTER 556.

AN ACT to repeal an act, entitled "An act to authorize the trustees of the town of Carlisle, Nicholas county, to grant coffee-house license," approved February 17, 1866.

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

§ 1. That an act, entitled "An act to authorize the trusMade unlawful to tees of the town of Carlisle, Nicholas county, to grant cofcensein said town fee-house license," approved February 17th, 1866, be, and the same is hereby, repealed, and it shall not be lawful for the trustees of said town to grant coffee-house or other license with the privilege of selling ardent spirits within the corporate limits of said town: Provided, That this act shall not have the effect to suspend any such license under which any coffee-house may now rightfully exist until the expiration of the same.

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

Approved February 23, 1874.

police judge enlarged.

Shall keep record

CHAPTER 557.

AN ACT to amend an act incorporating the town of Milford, in Bracken

county.

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

§ 1. The police judge of the town of Milford shall have Jurisdiction of jurisdiction within said town and in the county of Bracken concurrent with justices of the peace of all causes, civil, criminal, or penal; he shall have the jurisdiction now given by law to two justices of the peace in penal and criminal causes, and shall proceed in the same manner that justices of the peace are required to proceed in such cases. The police judge shall keep a record of his proceedings, a copy of which shall be evidence in all courts of justice, and have the same effect as records of justices of the peace and shall, in all other matters not herein mentioned, have concurrent jurisdiction with justices of the peace, and receive the same fees which are now or may be allowed justices for similar services. He shall, in the months of January, April, July, and October, hold a court, on a day to be designated by the board of trustees, for the trial of civil actions, and shall have jurisfor trial of civil diction in such actions concurrent with justices of the peace in Bracken county, and be governed in all things in said court by the laws applicable to justices' courts. All trials before the police judge shall be had and held in the town of Milford. The police judge shall be entitled to a fee of one dollar for a peace warrant or for a warrant for

Shall hold terms

causes.

Fees of police

judge.

« PreviousContinue »