1833.

Expenses of

elections-how

paid.

had the highest number of votes, duly elected. The Mayor and Council shall pay the expenses of the City elections, and the State and Congressional elections, within the City, out of the City funds.

Sec. 4. Be it further enacted, That the limits of the Limits of wards present wards shall continue until the same shall be altered by the Mayor and Council, who shall have power and authority, from time to time, to alter the same, so as to equalize the number of qualified voters in each, as near as may be: but no such alteration shall be made, except a general census of all the qualified voters be first taken for that purpose.

council must concur to buy or sell real estate.

Proviso.

Sec. 5. Be it further enacted, That the Mayor and Majority of city Council of the City of Louisville shall not exercise. the powers conferred to purchase or sell real estate, to borrow money, or to appropriate the same, unless a majority of all the council elected, considering the Mayor as one, shall concur: Provided, That the majority of a competent council for the transaction of business may appropriate money for the payment of the salaries of officers as fixed by ordinance: and the Mayor and Council shall have power and authority to purchase, and hold to them and their successors, one or two parcels of land without the city for burial grounds, not exceeding fifty acres each.

tended to the

limits of the city

City taxes.

Sec. 6. Be it further enacted, That all the powers Powers to pave of grading streets and alleys, or paving the same, and streets, &c. ex- of paving the side-walks, and digging and walling wells, shall be extended to the limits of the city: and instead of forty cents on the hundred dollars worth of property assessed for taxation, fifty cents may be levied for taxation: and instead of classing the stores first, second and third rate, merchandize may be valued on the principles that merchandize is directed to be given in for the state revenue, or they may class said stores, first, second, third and fourth rate, and levy and collect a tax on stores of the first rate not exceeding one hundred dollars, and on second, third and fourth rate, such less sum as the Mayor and Council may deem equitable according to the rate of the store. No license for retailing spirituous, malt or fermented liquors, singly or in conjunction with other privileges, shall be granted for a less sum than forty dollars per annum, payable in advance; and no such license shall be granted to free persons of color; nor shall any person be allowed to keep a house for the entertainment of travellers andothers, for profit, under the pretence

of keeping private entertainment, without taking out a tavern license: and the Mayor and Council shall be restrained from licensing and taxing lottery offices.

1833.

Sec. 7. Be it further enacted, That the Mayor shall Orphans may have the same power and authority, within the city, to be bound, &c. bind out grphan children, and the children of persons who are not able, or, from their habits and character, are not likely to bring them up in honest courses, that the county court of Jefferson is now vested with, and the like power to hear and determine the complaints of apprentices bound out by him, that the said court is vested with, and to afford the like remedy, and he may contract for additional advantages in favor of apprentices bound out by him.

Sec. 8. Be it further enacted, That no justice of the for the county of Jefferson shall have peace power or authority to issue a warrant, and hear and determine any case of a breach of the peace, a riot, rout, or unlawful assembly, taking place within the City of Louisville: but all such offences shall be heard and determined before the Jefferson circuit court, or the Mayor of the City of Louisville.

Justices are not to have jurisdiction of riots, &c in the city.

Sec. 9. Be it further enacted, That all the power Jurisdiction of and authority vested in justices of the peace and the Mayor as to county courts, by an act approved twenty-third of free negroes: February, eighteen hundred and eight, in relation to free negroes and mulattoes, shall and may be exercised by the Mayor within the city limits, and he is hereby authorised and empowered to enforce the said act.

Sec. 10. Be it further enacted, That the Mayor and Council shall, from time to time, have and aupower thority to select one or two magistrates of the county of Jefferson to preside with the Mayor, and to discharge, in conjunction with him, the judicial powers conferred by this charter, and, in the sickness or absence of the Mayor, to discharge said duties; and the justice or justices so, from time to time, selected, are authorised and empowered to preside with the Mayor, and assist in the discharge of his duties, and, in his sickness or absence, discharge said duties without him; the Mayor and Council may make to such justice or justices a reasonable compensation.

Mayor and

council may select two justices

to exercise ju dicial powers.

Sec. H. Be it further enacted, That the Mayor and Not to remit Council shall not exercise the power of remitting fines fines. assessed under the provisions of this charter.

Sec. 12. Be it further enacted, That no person or Ball alleys, &c persons shall, within the City of Louisville, or within prohibited.

1833.

one-half mile of its Southern boundary, continue, estab lish, or keep any ball-alley, ninepin alley, roleyboley, shuffleboard, bagatelle table, or any other table or alley played with balls or pins, under the penalty of fifty dollars for each day they may be kept or continued: and the Mayor and Council shall not exercise the right of taxing and licensing any such establishments; the above penalties shall be held and construed conditional to the fines already inposed.

Sec. 13. Be it further enacted, That any person or Penalty on the persons who shall suffer or permit his, her or their owners of slaves slave or slaves to be within the City of Louisville, and who fail to sup- make no provision for their support and maintenance port them in the in their old age, or in their inarmities, each and evecity. ry such person shall be liable to the City of Louisville for double the amount expended by the city authorities in the maintenance and administering to the infirmities of any such slave or slaves; and on petition. to the judge of the Jefferson circuit court, by the City of Louisville, and ten days notice in writing to the owner or owners, said judge shall have power and authority, if the owner lives within the City of Louisville, to make all proper orders on the owner or owners for the maintenance of such old or infirm slave or slaves, and enforce the same by attachment or otherwise: and if the owner or owners reside out of Louisville, for the removal of such old or infirm slave or slaves out of the City of Louisville, and to enforce the same in like manner.

Cisterns to be constructed.

Vagrants.

Sec. 14. Be it further enacted, That the Mayor and Council shall have full power and authority to cause cisterns to be constructed, to furnish a supply of water, for the extinguishment of fire, at each cross-street or at every other cross-street, within the City, at the cost and expense of the owners of lots and parts of lots to be benefitted by the respective cisterns, and to be assessed, apportioned and levied by the Mayor and Council on such lots and parts of lots as the Mayor and Council shall deem bencfitted by such cisterns, and to be collected by the City Collector as other

taxes.

Sec. 15. Be it further enacted, That the Mayor of Louisville shall be, and he is hereby, vested with all the authority, power and jurisdiction, within the bounds of the City of Louisville, that is now vested in justices of the peace and county courts, to cause vagrants to be apprehended and tried for vagrancy;

and any person or persons convicted of vagrancy before the Mayor, by the verdict of a jury, shall be sentenced to confinement at hard labor in the City workhouse, or on the streets of the City, as the Mayor and Council shall direct, for a period of time not less than six months nor more than twelve months, to be ascertained and fixed by the jury finding such person guilty of vagrancy.

1833.

Sec. 16. Be it further enacted, That tavern keepers, Unlawful gamand the owners and keepers of other licensed houses, ing. within the City of Louisville, shall, in addition to the fines and penalties now imposed by law, for suffering and permitting unlawful gaming within their houses or on their premises, be liable to a penalty of fifty dollars for each and every offence, recoverable in the name of the City of Louisville, before the Mayor of the City or any justice of the peace, in the same manner that debts of that amount are recoverable.

mile along the

Sec. 17. Be it further enacted, That the Mayor and Jurisdiction Council of the City of Louisville shall have as full over one-half and complete jurisdiction over all that part of the southern bouncounty of Jefferson, extending one half mile South of dary. the Southern line of said City, that they now have within the City limits, except the power of taxing the real and personal estate therein.

Sec. 18. Be it further enacted, That the fines, penalties and forfeitures assessed by the judgment of the Jefferson circuit court, for offences commited or forfeitures incurred within the City of Louisville, shall be for the benefit of the public schools of said City; and if paid in court or collected by the Sheriff or other officer, shall be handed over to the Commonwealth's Attorney, without charge, and by him repaid over to the Treasurer of the City of Louisville, without charge, once in every three months, or oftener, if required: but nothing herein contained shall deprive any informer or Commonwealth's Attorney of any proportion of such fines and penalties that they are now entitled to by law, and all the fines, penalties and forfeitures assessed by judgment before the Mayor or any justice of the peace for any offence of commission or omission arising within the City of Louisville, under the laws of this state or the ordinances of Louisville, shall be for the benefit of the public schools of said City, and shall be paid over, once in every three months, by the officer receiving or collecting the same

T

Fines and for

feitures, and how applied.

to the Treasurer of the City of Louisville, and oftener, if required.

Sec. 19. Be it further enacted, That the Mayor of Louisville shall have power and authority to hear and determine all cases of a breach of the penal laws of this Commonwealth, arising within the City of Louisville, where the penalty does not exceed fifty dollars. Sec. 20. Be it further enacted, That from and after the passage of this act, all appropriations which shall or may be made by the county court of Jefferson County, for ex officio services of the sheriff, clerk and other officers of said county, salary of the county attorney, physician for the jail, and all repairs made to the court-house, clerk's office, jail and all other public buildings belonging to said county, situated within the limits of the City of Louisville, shall be paid in equal parts by the said county and City: that is to say, that part of the county of Jefferson not included within the City limits shall pay one half of said appropriation, and that part which is included in said limits, the other half. And it shall be the duty of the Mayor and Council of said City to levy and, from time to time, collect a sufficient amount to defray such portion of all such appropriations: Provided, That the nineteenth section f this act shall have no force and effect, if the City of Louisville shall elect, at any time during the year 1833, to take the public property, and keep and maintain an ample court-house, jail and clerk's office in constant repair, at its own cost and charge, for the use of the City of Louisville and county of Jefferson: which election shall be made by ordinance, to be offered and tendered to the county court of Jefferson, in open court, and there recorded, and which, when so done, shall vest the control and jurisdiction of the court-house, and lots on which it stands, and the lots on which the jail is now situated, in the Mayor and Council of the City of Louisville. [Approved February 1, 1833.]

Recital.

CHAP. 205.-AN ACT to incorporate the Louisville Hotel Company.

Whereas, Garnett Duncan and others have associated themselves, for the purpose of erecting a large and convenient Hotel in the City of Louisville: And whereas, divers persons have subscribed for stock in said building, at the rate of one thousand dollars for