release, and treatment of persons ordered to be confined in such jail. He shall be liable to the same pains and penalties as county jailers for any malfeasance or misfeasance in office. He shall receive such compensation as the board of trustees shall prescribe. § 33. This act shall take effect from its passage. Approved February 23, 1874. 1874. CHAPTER 592. AN ACT to authorize and establish a system of public schools in the town of Ashland. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all the territory now embraced within the limits of the town of Ashland be, and is hereby, incorporated as a school district, which shall be under the control and management of a board of education, to be elected. by the qualified voters within said district, upon the same day that the board of trustees of said town are elected. § 2. Three persons shall be elected as school trustees, who shall be styled " The Board of Education of the Ashland Public Schools;" and by that name shall be known as a body-politic and corporate; and may sue and be sued, contract and be contracted with; may buy and sell and convey real and personal estate; and the title to all school property in said district shall vest in said board and their successors forever. §3. The said trustees so elected shall take an oath faithfully to discharge their duties; and shall, within two weeks after their election, meet and organize by electing one of their number president and another secretary, and shall appoint a treasurer. The trustees first elected shall hold their offices as follows: one for one year; one for two years, and the other for three years; and they shall determine by lot their respective terms, which shall be entered on their minutes. Thereafter there shall be elected one trustee each year. § 4. The treasurer, before entering upon his duties, shall execute a bond to the board of education, with good and ample sureties, to be approved of by said board of education, conditioned for the faithful performance of all his duties, and to pay over to the proper persons all moneys which may come into his hands by virtue of his said office. The secretary shall attend all meetings of the board; keep their records and papers, and perform such other duties as may be required or prescribed by the said board. of trustees. The treasurer shall receive and dispense the 1874. money belonging to the school fund; keep accurate and true accounts in well-bound books of all his acts, and perform such other duties as may be required or prescribed by said board of trustees. § 5. Should a vacancy occur in said board, the trustees of the town of Ashland may appoint a member to fill the vacancy. § 6. The control and management of the public schools of the town of Ashland, and the property and the funds belonging thereto, and which may accrue in any way to them, or for their establishment, management, or maintenance, under this act or otherwise, shall be vested in said board of education, and their successors in office. § 7. The said board of education 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, and to enforce such by-laws and rules by suitable fines and penalties, to be recovered in any court having jurisdiction of the amount. § 8. A majority of the members of said board shall constitute a quorum for the transaction of business. They shall meet at least once in every month, and shall fix the time of their meeting, and may meet as often as to them may seem necessary for the transaction of busi ness. § 9. Said board shall cause to be kept a regular and correct journal of their proceedings in a well-bound book, which shall at all times be open to the inspection of any of the members of said board, or any member of the board of trustees of the town of Ashland, or any committee appointed by the said board of trustees. § 10. The board of education 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 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 examination of, pupils or persons applying for admission to the schools. And they shall fix the bounds of subdistricts for each public school within which the children shall be entitled to admission. § 11. All white children over six and under twenty-one years of age within each district shall have equal right of admission to the schools of such district, and no fees or charges for their tuition shall ever be charged in any of the schools. § 12. The said board of education shall have power to levy a tax, not exceeding twenty cents on each one hundred dollars' worth of taxable property in said district subject to taxation for revenue purposes, for any one year, and a poll-tax, not to exceed one dollar on each white tithe in said district, for the purpose of purchasing a lot or lots, and erecting thereon buildings necessary and convenient for said schools, or to lease or purchase any property suitable for said purpose, and to keep the same in repair, and for furnishing the same with all things necessary for the schools, and to pay the teachers and other persons employed by them; said tax shall be assessed and collected as the taxes of the town are now collected; and the said board shall, after determining and assessing the tax, certify the same to the board of trustees of the town, and the latter board shall add such assessment to the tax levied for revenue purposes for the town, and cause the same to be collected. § 13. The said taxes, when collected, shall be paid over to the treasurer of said board of education, and shall be held by him as a separate and distinct fund, to be disbursed as herein provided. § 14. The tax herein provided may be levied from year to year. 15. The board of education may issue bonds to the amount of not exceeding ten thousand dollars for the purpose of speedily erecting and furnishing suitable buildings, the current interest on which, and the principal thereof, shall be paid out of the proceeds of the tax, as herein provided. § 16. Only property belonging to white persons shall be taxed. § 17. The commissioner of common schools for Boyd county shall pay over to the treasurer of the board of education the share of said district in the common school fund of the State, at such times as payments are prescribed in the revised school laws of the Commonwealth. 18. The board of education shall, in the month of February, make an estimate of the probable amount of money necessary to properly conduct the public schools for the next scholastic year, which amount shall be levied for, and collected by taxation, as hereinbefore directed. § 19. The board of education may admit into any of the schools white children, who are non-residents of the town of Ashland, upon such terms and conditions, and upon payment of such charges, as to the said board may seem reasonable. § 20. The tax provided for by this act shall not be levied and collected until that question shall have been submitted to the legally qualified white voters of said district by the 1874. 1874. trustees thereof, and a majority of those voting at said election shall vote in favor of said tax after reasonable notice. § 21. This act shall take effect and be in force from and after its passage. Approved February 23, 1874. CHAPTER 593. AN ACT to amend an act, entitled "An act to regulate the civil jurisdiction of the police court in the city of Hickman, Fulton county," approved February 9th, 1872. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section first of an act, approved February 9th, 1872, relating to the police court of the city of Hickman, Fulton county, be so amended that the city court of Hickman, in said county, shall have civil jurisdiction in all cases where the matter in controversy does not, exclusive of interest and costs, exceed one hundred dollars, and when the defendant or defendants shall reside within the corporate limits of said city, or when such defendant or defendants are non residents of State of Kentucky; but said jurisdiction shall in no case, except as is herein provided, extend beyond the corporate limits of said city. § 2. Be it further enacted, That nothing herein shall be so construed as to compel any person, other than residents of said city, to serve as jurors in said city court. § 3. That all acts or parts of acts in conflict with this act are hereby repealed. § 4. That this act shall take effect from and after its passage. Approved February 23, 1874. CHAPTER 595. AN ACT to incorporate the Big South Fork Navigation, Lumber, Manufacturing, and Transportation Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That D. R. Haggard, J F. Parker, W. McKee Fox, A. J. Phelps, Thomas W. Varnon, and their associates and successors, and are hereby constituted a body-politic and corporate, with power of perpetual succession, under the name and style of the title of said act of incorporation; and by that name shall have perpetual succession; sue and be sued; have and use a common seal, and alter the same at pleasure; may purchase, acquire, hold, lease, 1874. transfer, and convey such real and personal estate, choses in action, and securities, negotiable and otherwise, as may be expedient for the successful prosecution of its business as herein defined; may make, establish, and put in force such by-laws and ordinances as to it shall seem proper for the government of its fiscal and prudential concerns, not inconsistent with the Constitution and laws of this State; may carry on a general lumber, manufacturing, mining, mercantile, and oil-refining business in this State. § 2. That said company, without hindrance, shall float and drive down the Big South Fork of Cumberland river and its tributaries logs, wood, and other lumber; may erect, maintain, and control such booms and piers on said stream and its tributaries as may be deemed necessary for the purpose of stopping and securing the logs, wood, and other lumber, and shall enjoy the unobstructed and exclusive use of said booms and piers for said purpose, and when necessary, for the purpose of driving, dislodging, fastening, and securing boats, rafts, logs, and lumber, or for reclaiming and putting back into the stream any of the same that by flood or overflow may be floated upon lands without the banks of the river, or for building, repairing, or operating booms and piers, may enter upon and occupy the land of others; subject, however, to pay such damages as may be sustained by such entry and occupation; and may do and perform all acts and things necessary for successful operation and driving and safely securing logs, wood, and other lumber. That said. company build and maintain such roads and bridges, also tramways or railroads, from its lumber and mineral lands to accessible points on said Big South Fork and its tributaries, for the more convenient transportation of lumber, logs, minerals, coal, and oil; and if for this purpose it shall become necessary to pass over or use the lands of others, they may condemn the lands for the purpose in the same manner as is provided by the Revised Statutes for turnpikes, and by paying the assessed value. §3. That said company to construct boats and rafts and other floats to navigate said streams for transporting lumber, minerals, merchandise, oil, and other articles of commerce, and for this purpose may build locks and dams, canals, or wing-dams, for the purpose of securing the navigation of said Big South Fork and its tributaries. And when said company shall build locks and dams, they may be allowed to collect toll upon such boats, rafts, and other floats, as may be able to pass through said locks, at the same rates as are now allowed to be collected by the rules adopted by the Kentucky |