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1874.

officers to take

place.

CHAPTER 567.

AN ACT to amend an act, entitled "An act to amend an act, entitled An
act to incorporate the Claysville Male and Female Academy.'"
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That an act, entitled "An act to amend an act, When election of entitled 'An act to incorporate the Claysville Male and Female Academy.'" be, and the same is, so amended that the election provided for in article first of said amendment shall be held on the first Monday in September, 1874, at which time the stockholders shall hold an election for president, directors. secretary, and treasurer, and annually on said day thereafter.

§ 2. This act to take effect from and after its passage. Approved February 23, 1874.

day of election.

CHAPTER 568.

AN ACT to amend an act, entitled "An act for the organization of the publie schools in the town of Claysville, in Webster county."

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

§ 1. That an act, entitled "An act for the organization Trustees to fix of the public schools in the town of Clayville, in Webster county," Kentucky, be, and the same is hereby, so amended as to authorize the trustees of said school district provided for in article first of said act, so soon as practicable alter the passage of this amendment, publish the act calling the election, which shall be held on such a day as they by their discretion may fix upon, and for such other purposes as are provided for in said act.

change boundary of district.

§ 2. That the trustees of the Clayville public school may, Trustees may on the petition of any person or persons whose land or lands adjoin the district, as is laid down in the act to which this is an amendment, embrace his or her or their lands in said district, and give him, her, or them the ben. efit of this act on his, her, or them paying, or agreeing to pay, the taxes to be levied on his, her, or their property, for the benefit of said school, just as though he, she, or they were included in the said district provided for in the act to which this is an amendment; and they shall have all the same rights and privileges as though living within the boundary of the said district: Provided, however, That when so admitted, the same shall not be withdrawn except on the mutual agreement of the persons admitted and the board of trustees of said district.

§ 3. This act to take effect from and after its passage. Approved February 23, 1874.

CHAPTER 569.

AN ACT to amend the charter of the city of Cynthiana.

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

§ 1. That an act approved January 22d, 1870, be, and the same is hereby, repealed.

§2. That the mayor of the city of Cynthiana shall have and exercise all the judicial power and authority conferred upon him by an act, entitled "An act to incorporate the city of Cynthiana," approved January 22d, 1868; and that act, and all of its provisions, in so far as it was repealed and suspended by the act of 22d of January, 1870, is hereby re-enacted and made a part of this act. §3. This act shall take effect on the 4th day of August,

1874.

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Approved February 23, 1874.

CHAPTER 570.

AN ACT to incorporate the town of New Columbus, in Owen county.

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

§ 1. That the town of New Columbus, in Owen county, Boundary. is established and incorporated, with the lots, streets and alleys, and land, in the following boundary, to-wit: commencing at J. W. Ireland's, running down Gill's branch, including C. G. Sinclair and the school-house, then up the Lee's Mill road, including the Henry farm; thence to Payn's run, including J. L. Durham; thence to the mouth of branch below J. W. Ireland's; thence to the beginning, embracing all persons living in said boundary.

§ 2. That Dr. Trigg, A. Price, and John Ireland, are appointed trustees for said town, who shall have the same power and authority that trustees of other towns have in this Commonwealth under the general laws regulating the same; and that all the rights and privileges possessed under same general laws are hereby conferred upon the town of New Columbus.

§3. That it shall be lawful for the legal voters of said town, annually, to elect three trustees for the government of said town The trustees mentioned in this act shall serve until the first Saturday in May, 1874, at which time the first election shall be held, and annually on the same day in each year thereafter.

§ 4. The trustees shall have power to fill vacancies occurring in their body until their regular election. They

Trustees' names and powers.

Trustees to be elected annually.

Trustees to fill vacancies, &c.

1874.

may adopt such by-laws for the good government of said town, not in conflict with the Constitution and laws of the State, as to them may seem proper. They shall also keep a correct record of their proceedings as trustees; and before they enter upon their duties, they shall take an oath before some justice of the peace of Owen county to faithfully perform the same

5. This act to be in force from its passage.

Approved February 23, 1874.

CHAPTER 571.

AN ACT to reincorporate the town of Monterey, in Owen county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That the act incorporating the town of Monterey, Trustees may ex. and all amendments thereto, be, and the same are hereby, tend boundary. repealed: Provided, however, That the corporate limits of said town shall remain as now established until after the election of trustees, who shall have power to extend the same, not exceeding two hundred yards in any direction.

be elected.

2. That the said town of Monterey is hereby reincorWhen officers to porated; and that E. T. Calvert, F. R. Walker, and B. D. Head shall, on the first Monday in August, 1874, hold an election for five trustees, a police judge, and town marshal, and on the same day biennially thereafter, except as to police judge, who shall be elected on the same day in every fourth year thereafter.

of corporation &

powers.

§3. The trustees created by this act, and their successors Name and style in office, are hereby created a body-corporate and politic, under the name and style of the Trustees of the Town of Monterey; and under that name they may sue and be sued, plead and be impleaded, in all the courts of this Commonwealth.

electors.

§ 4. All qualified voters living inside the limits of said Qualifications of town, or owning real estate therein, shall be entitled to vote in the election of trustees and all other town officers. § 5. The trustees, when elected, shall continue in office Term of office of for two years, and until their successors are qualified, and shall take an oath to faithfully discharge all the duties pertaining to their office.

trustees.

§ 6. The said trustees shall have power over the streets, Power of trustees alleys, and sidewalks of said town, and may direct and order the improvement of the same as they may deem best for the interest of said town; they shall have power to levy and collect an ad valorem tax on the property of said town, not exceeding twenty-five cents on the one hundred dollars in any one year; they shall have power to tax all

auction sales, shows, and exhibitions for money or profit, 1874. such sums as they may deem just, or as may be provided in their by-laws; they shall have power to declare what are nuisances, and to remove the same, and to pass all by-laws and ordinances necessary to give effect to all the powers herein granted.

Trustees to ap

point clerk and

treasurer, and re

quire bond.

§ 7. That it shall be the duty of said trustees to appoint a clerk and treasurer, and, by ordinance, define their duties; and shall require the treasurer to give bond for the performance of his duties. § 8. All taxes levied and collected by said trustees, and Taxes, fines, &c., all fines and forfeitures for the violation of by-laws and ordinances of said town, shall be paid to the treasurer for the benefit of said town.

how disposed.

How funds to be drawn from treas

§ 9. No money shall be drawn from the treasury except by order of chairman of board of trustees, in pur- ury. suance of their orders of said board.

§ 10. The trustees may annually appoint an assessor to take a list of all the taxable property in said town.

Trustees to appoint assessor.

Police judgewhen elected,

§ 11. The police judge, when elected, shall hold his office for two years, and until his successors is qualified. power, and duties Said police judge shall, by virtue of his office, be a conservator of the peace, and, before he enters upon the discharge of his duties, take an oath before the county judge of Owen county to faithfully and impartially execute all the duties of police judge of said town; and shall take such other oaths as are required of justices of the peace. The police judge shall have concurrent jurisdiction with the justices of the peace in Owen county, and be entitled to the same fees. Police judge shall have jurisdiction, within the limits of said town, of all infractions of the by-laws and ordinances of said town, He shall also have power to fine for contempt, not exceeding five dollars, and imprison, not exceeding six hours. A vacancy in the office of police judge shall be filled by the trustees of said town, the appointee to hold office until the succeeding regular election.

§ 12. The town marshal, when elected, shall hold his office for two years, and until his successor is qualified; and, before entering upon this office, take the same oaths required of constables of Owen county, and in the county court of Owen county execute bond, with good security, the same as required of constables, with the further covenant that he will perform all the duties of marshal of said town according to law. The marshal shall have concurrent jurisdiction with constables in Owen county, and be entitled to the same fees for his services. It shall be the especial duty of said marshal to execute all process issued for an alleged violation of the by-laws and ordinances of said town, and to promptly collect all taxes,

Town marshal--

when elected,

power, and duties

1874.

pass by-laws, &c.

fines, and forfeitures, and pay the same to the treasurer of said town.

§ 13. The trustees are empowered to pass such by-laws Trustees may and ordinances, which do not contravene any law of this Commonwealth, as may be necessary for the good government and well being of said town, and to fill any vacancy in any office created by this act.

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

Approved February 23, 1874.

CHAPTER 575.

AN ACT for the benefit of the Bank of Louisville.

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

§ 1. That the twenty-first section of an act, entitled "An act to incorporate the Louisville Bank of Kentucky," approved the second of February, 1833, be so amended that the time specified in said section for the sale of real estate purchased or acquired by said bank in the payment of debts to said bank, be, and the same is hereby, extended five years from and after the passage of this act. § 2. This act to take effect from and after its passage. Approved February 23, 1874.

CHAPTER 577.

AN ACT to amend an act, entitled "An act to create a court of common pleas in Fayette, Woodford, Bourbon, Bath, &c."

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

§1. That the sheriffs of the respective counties and clerks of the circuit courts shall act as sheriffs and clerks of the court of common pleas, and shall receive like fees for like duties performed for the circuit courts.

2. That the county of Clark be added to the district of the common pleas court created by an act to which this is an amendment, and all the provisions thereof shall apply to said county.

3. That said court shall be held in said county of Clark on the first Monday in February and the second Monday in August in each year, and shall continue not more than twelve juridical days each.

4. This act to take effect from its passage.

Approved February 23, 1874.

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