officers over. t Ohio river. men, the Mayor and other officers of the City, shall 1833. have the same jurisdiction over the Ohio river, opposite said City, in all matters appertaining to said City Jurisdiction of and the laws thereof, which the circuit court of Mason county and the officers of said county have. The said board of councilmen shall also have the power laws and ordinand authority to pass all by-laws and ordinances ne- ances concerncessary for the preter regulation of the market-house ing market and markets in d City. May pass by house. cessary subor Sec. 15. The of councilmen and the Mayor The board may shall appoint all necessary subordinate officers to car- appoint all nery the foregoing provisions of this act to effect, such dinate oficers. as a City Treasurer, police officers, overseers of the poor and, work-house, wharf-masters, market-masters Overseers of the and any other that may be required, tox and regu- house. late their salaries, to qualify them for the faniul discharge of their duties, and require bond and security of them, for the correct performance of the same. poor and work and recorded. Sec. 16. Be it further envicted, That the board of By-laws and councilmen shall cause all the by-laws and ordinances ordmances to passed by them, to be fairly recorded in their journal be published of their proceedings, and publish the same in one or more newspapers printed within said City; and annually to make out and publish a report of their proceedings, with an account of all monies received and paid out by their order, during the year that they have been in office. And shall publish a report of their proceed ings. given, &c. to be returned to the Mason circuit where day is Sec. 17. Be it further enacted, That all recognizan- Recognizances ces taken by the Mayor of the City of Maysville, taken by mayor when day is given for the appearance of the party, except in cases in which he has jurisdiction to try the matter, shall be for appearance in the Mason circuit court; and all recognizances, except those above court. excepted, shall be returned to the clerk of the said court, under the hand of the Mayor, and shall be docketed as recognizances taken and returned by magistrates. The Mayor, on the examination of crimi- On examination nal offenders, shall make out a statement of the evi- of commal ofdence, and shall recognize the witnesses, and shall return the statement of the evidence and the recognizance to the clerk of the Mason circuit court. The Mayor shall keep a record of his proceedings and docket of his causes, and shall issue original process for bringing offenders before him, and executions and Shall keep a record of proprecepts on his judgments. For taking recognizan- ceedings and ces, issuing process, executions and precepts, he shall docket of causes be entitled to and receive the same fees that the a fenders state ment of evi dence to be returned to the Mason circuit court. 1833. clerks of the several county and circuit courts receve for the like services, and shall have the right to issue. And shall issue fee-bills and to collect them in like manner. process. Inhabitants of city exempted from paying county levy. There shall be a city Marshal chosen by board, Shall hold his office for one year. His duty. or deputy attend the sessions of the mayor. May be ap Sec. 19. Be it further enacte Sec. 18. Be it further enacted, That the county levy for the county of Mason, heretofore collected from the inhabitants within the boundaries of said City, shall be discontinued; and the amount thereof shall be collected by the authority of the board of councilmen, as in this act provided. At there shall be in said City an officer, to be styled the "CITY MARSHAL," who shall be chosen by the board of council of councilmen. men, and be sworn to the faithful discharge of the duties of his office; which he shall hold for one year and until another shall succeed him, removable, however, at the pleasure of the board. He shall, if required by the board of Councilmen, have a resident deputy in each ward of the City, who shall be apShall by himself pointed with the advice and consent of the board. He shall, by himself or deputy, attend all the sessions of the board of councilmen, and the sessions of the Mayor, and preserve order, under their or his direc tions. He shall, by himself or deputy, execute all process emanating from the Mayor. He may be appointed collect pointed City collector; and shall collect all the fees of the Mayor, if required. He shall execute bond with sufficient security, in an adequate penalty, before the board of councilmen, to the Commonwealth of Kentucky, conditioned faithfully to discharge the duties of his office, and to pay over all sums of money. that may come to his hands, to the persons entitled; and a lien shall exist on the lands and slaves of said ist on land and Marshal and sureties, from the time of executing slaves of Mar- bond, for all sums of money that shall come to his hands. He shall be entitled to receive the same fees for the like services, which Sheriffs are entitled to receive, and shall have the same power and duty within the City. He and his sureties shall be liable to judgment, by motion in the Mason circuit court, in favor of any person entitled to money collected by Liable to judgment by motion said Marshal, in like manner as Sheriffs are liable. Sec. 20. Be it further enacted. That all the rights, privileges and property, real and personal, and choses and privileges in action, which are now vested in and belonging to the trustees of the town of Maysville, shall, so soon tees shall, when as said board of councilmen may be organised, be the board of vested in and belong to said City of Maysville, sub or. Shall execute bond with security. Condition thereof. A lien shall ex shal and sccu rities. Entitled to same fees as sheriffs for like services. All the rights and property vested in trus ject to the payment of all just demands which may exist against said trustees, and for which they are responsible. Sec. 21. Be it further enacted, That the board of councilmen shall have the power and authority to pass all needful laws, with adequate penalties for the infraction of the same, not exceeding fifty dollars, which penalties may be sued for in the name of the City and recovered before the Mayor. 1833. councilmen is organized, be vested in city. Board of coun cilmen may pass by-laws with adequate penalties. No license for retailing spirits Sec. 2. Be it further enacted, That no license for retailing spirituous, malt or fermented liquors, singly or in conjunction with other privileges, shall be grant ed for a less sum than twenty dollars per annum, payable in advance; and no such license shall in any case be granted to free persons of color; nor shall any person be allowed to keep a house for the entertainment of travellers and others, for profit, under the pretence of keeping private entertainment, without taking out ing boarding, a tavern license.. for a less sum to keep a house without license. Sec. 23. Be it further enacted, That no person or per- No ball-a ley, sons shall within the City of Maysville, or within one ninepin-alley, mile of its chartered limits, continue, establish or keep shuffle-board, roley-boley, any ball alley, ninepin alley, roleyboley, shuffleboard, &c. to be estabbagatelle table or any other table or alley played with lished within balls or pias, under the penalty of fifty dollars for one mile of the each and every day they may be kept or continued; and the council shall not exercise the right of taxing or licensing any such establishments. city. Power granted to justices and county court by relation to free negroes and act of 1808, in Sec. 24. Be it further enacted, That all the power per mulattoes, may be exercised by firm slaves to the amount ex Sec. 25. Be it further enacted, That any person or Persons permitpersons who shall suffer or permit his, her or their ting old and inslave or slaves to be within the City of Maysville, remain in city, and make no provision for their support in their old hable for double age or in their infirmities, each and such every son shall be liable to the City of Maysville for double pened by city in maintaining the amount expended by the City authorities, in the them, maintenance and administering to the infirmities of any such slave or slaves; and on petition to the judge Mayor may peof the Mason circuit court, by tayor of the City Mason circuit tition judge of Maysville, and ten days not in writing to the court, &c. 1833. No justice for Mason county shall issue a warrant or hear and determine any case of riot, &c. within the city. Not less than two persons shall be voted for as mayor. Number of votes given to the two persons est number to be certified to the Governor, one of whom shall be commissioned by him as mayor, and submitted for the advice and c consent of the Senate. owner or owners, the said judge shall have power and authority, if the owner lives within the City of Maysville, to make all proper orders on the owner or owners, and enforce the same by attachment or otherwise; and if the owner or owners reside out of the City of Maysville, for the removal of such old or infirm slave or slaves out of the City of Maysville, and enforce the same in like minner. Sec. 26. Be it further enacted, That no justice of the peace for the county of Mason shall have power or authority to isue warrant and hear and determine any case of a breach of the peace, riot, rout, or unlawful assembly, taking place within the City of Maysville: but all such offences shall be heard and determined before the Mason circuit court or the Mayor of the City of Maysville. Sec. 27. Be it further enacted, That in all elections for Mayor not less than two persons shall be voted for as such: and the two persons having the highest number of votes shall, at the first election, be certified by the sheriff of Mason county to the Governor of this commonwealth, and at the subsequent elections, by the clerk of the city council, under the direction of having the high- the councilmen, stating in the certificate the number of votes given to each, one of whom shall be commissioned by the Governor as Mayor of the City of Maysville, and submitted for the advice and consent of the Senate, as in other cases. And if for any sufficient cause the Governor shall refuse to commission a Mayor, or the Senate shall refuse to advise and consent to the person nominated as Mayor, the same shall be certified by the Secretary of State to the City Council of Maysville, who shall, in not less than ten days nor more than thirty days, cause another election to be tion to be held held for Mayor, to be conducted as other elections are if the Governor directed to be by this act: and the two persons having the highest number of votes shall again be certified to the Governor, who shall commission one of them as aforesaid. And in the event of the death, resignation or refusal to act of the Mayor thus elected, the board of councilmen shall immediately order another election to supply such vacancy for the residue of the term, as in the original election of said Mayer. In the like event of one or more councilmen, the board of councilmen shall direct a new election in the ward or wards in which thecancy shall happen.. Another elec shall refuse to commission, or Senate refuse to advise and consent, and how. Vacancieshow filled. Sec. 28. Be it further enacted, That nothing herein contained, shall be so construed as to prevent the Legislature of this Commonwealth from changing, altering, amending or repealing the whole or any part of this act. [Approved January 31, 1833.] CHAP. 198.-AN ACT providing for opening a road from Taylorsville, in Spencer County, to Jeffersontown, in Jefferson County, and for other purposes. and mark out a way for the road. Sec. 1. Be it enacted by the General Assembly of the Comm'rs apCommonwealth of Kentucky, That James M. Beard, pointed to view John C. Burnett, of Spencer county, James Pumroy, Samuel Frederick, of Jefferson county, be, and they are hereby, appointed commissioners to view and mark the nearest and best way for a road leading from Taylorsville in Spencer county, to Jeffersontown in Jefferson county; and said commissioners or a ma- And to make a jority of them, shall, upon oath, make their return of return to their respective said view to each of the county courts of Spencer and Jefferson counties; and said commissioners shall receive each one dollar per day for their service, onehalf to be paid out of the county levy of Spencer, and the other half out of the county levy of Jefferson county. county courts. Their compen sation. Sec. 2. Be it further enacted, That said county The county courts of Spencer and Jefferson counties severally court of Jefferappoint an overseer or overseers, and allot hands to son and Speneach road, and shall cause the said road to be opened overseers and cer to appoint at least forty feet wide, under the rules and regula--allot bands to tions prescribed in the general law concerning roads. open and keep [Approved January 31, 1833.] the road in repair. CHAP. 199. AN ACT concerning the Town of Adairsville. Whereas, heretofore, upon the motion of Robert Recital. Ewing to the county court of Logan, a town was laid off upon the lands of said Ewing, in said county, by the name of Adairsville, and. owing to some neglect the plan of said town was never regularly returned and recorded, or the same never was legally and properly condemned: And whereas, many persons purchased from said Ewing in his life time, and said Ewing has died, directing by his will other lots to be sold R |