tees.

1836

the part of the citizens of the town, to present to the county court of Hancock county, a plan of said town, designating thereon the donation lots, and upon said court being satisfied by proof, that the same is correct, they shall order the same to be recorded, as also a list of the numbers of the lots designated as donation lots, and it shall ever afterwards be evidence, as well of the plan of the town as of the lots which were designated as donation lots.

SEC. 4. That it shall be the duty of all the free Annual elec- white male inhabitants of said town, and all the tion of Trus- bona fide owners of lots or parcels of ground therein, to meet at the court house, in said town, on the first Saturday in May, in each year hereafter, and elect five fit persons (being qualified voters) as trustees of said town, who shall continue in office for one year from the time of their election, and until their successors shall be duly qualified.

SEC. 5. That the said trustees, before they enter Their oath. upon the duties of their offices, shall, before some justice of the peace for Hancock county, take an

oath, faithfully and impartially to discharge the duClerk to be ties of the said office; they shall also appoint a clerk, appointed. whose duty it shall be to preserve the records and papers of the board of trustees, and to enter all orders directed by the board, he shall also, before the board, take an oath faithfully to discharge the duties required of him by law, and he shall continue in office during the pleasure of the board, and shall have such compensation as the board shall allow. They And Trea- shall also appoint a treasurer, who shall be of their own body, and shall continue in office for one year, and who shall give bond, payable to the president of the board, with such security, and in such penakty, as shall be approved by the board, conditioned for the faithful performance of the duties of his office, which bond may be put in suit and a recovery had for a breach thereof.

surer.

ducted.

SEC. 6. That the board of trustees, for the time How elections being, shall, at their meeting next preceeding the anare to be con- nual election of trustees, appoint one of their own body to superintend and conduct said election, and record the votes, and he shall return the record of the votes to the clerk of the board, and he shall be allowed for his services, one dollar per day, and the five persons having the highest number of votes

shall be declared duly elected, and if two or more shall have an equal number, it shall be decided by lot which shall be elected, and if the board shall fail to appoint a person to attend to the election, as aforesaid, it shall be the duty of the clerk of the county court of Hancock, to conduct the same in like manner, and make return to the clerk of the board; the trustees appointed by this act shall continue in office until their successors are duly qualified.

1836

be filled.

SEC. 7. That the trustees, for the time being, shall Vacancies to have power to fill all vacancies which may occur in the board, whether from death, resignation, or refusal to act, a majority of the trustees remaining in office, concurring in said appointment.

SEC. 8. That three trustees shall be necessary to constitute a board to do business, and the board shall have power, annually, to lay a tax on all lots and houses, or parts of lots in said town, negroes, horses, retail stores, groceries, pleasure carriages and wagons, not exceeding ten cents on each hundred dollars valuation of said property, and to levy a poll tax, not exceeding one dollar on each white male citizen of said town, and said trustees may annually, in the month of April or May, appoint a person to take in lists of property, made taxable by this act.

Town tax.

SEC. 9. That the commissioners so appointed, Lists of pershall forthwith proceed to make out, and return to sons and prothe board of trustees, a complete list of all persons to taxation. perty subject and property in said town, on the first day of March preceeding, and which is, by this law, made taxable, together with the valuation of the property in said town, held by persons not residing therein; but if he cannot ascertain the names of persons to whom any of the lots or parts of lots may belong, then he shall report them by their number, and annex the valuation.

missioner

tax.

of :

SEC. 10. That said commissioner, before he enters Oath and duon the duties assigned him, shall take an oath to ties of comperform the duties of his office, without favor or partiality, and he shall immediately call upon all persons in said town, subject to taxation, for a list of all persons and property, in their possession, subject to taxation on the first day of March, and shall annex the value of the property to the list; and he shall return his list to the trustees, within twenty

1836

Tax to be

lected.

days after his appointment, and if any person shall refuse, when called on to give in a list as aforesaid, he or she shall forfeit and pay to the trustees, for the use of the town, as other taxes, the sum of fifteen dollars, to be recovered by warrant before a justice of the peace, and if any person shall think himself or herself aggrieved, by the valuation of the commissioner aforesaid, he or she shall have a right to appeal to the board of trustees, at any time before the tax is actually paid, and said commissioner shall be allowed a compensation for his services, in the discretion of the board not exceeding ten dollars per day.

SEC. 11. That it shall be the duty of the board of levied and col- trustees, as soon as practicable, after said list shall have been returned, to ascertain the amount of taxes necessary, or in their judgment, prudent to be raised, and shall levy the same, according to valuation; and they shall appoint a collector, whose duty it shall be to give bond and security for the performance of his duty, in such penalty as the board shall direct and approve, and to proceed forthwith to collect the amount required of each, and it shall be the duty of the trustees to cause their clerk to deliver to the collector a copy of the list, with the amount to be collected from each individual, and it shall be the duty of the collector to advertise at the court house door, that the taxes are placed in his hands for collection, and after he shall thus have advertised for ten days, he shall have the same right to distrain for them, as sheriffs by law have, to distrain for revenue taxes and county levies, and shall be governed by the same rules, and be entitled to the same compensation and fees for distraining; and it shall be his duty, within three months after he shall have received the lists, to collect the whole amount, and pay it over to the treasurer, subject to a deduction of ten per cent, for collection and for such delinquents as the board may allow, and if the said collector shall fail for three months after he shall have Proceedings against a de- received the said list, to pay over to the treasurer of faulting col the board the amount collectable by him, it shall be lawful for the board to recover judgment against him and his securities, or either of them, in the county court of Hancock county, for the amount due, having first given ten days previous notice in writing, of the time and place of making said motion; and the clerk shall endorse upon the execution.

lector.

which issues upon said judgment, that no securities of any kind is to be taken.

1836

Lots may be sold for pay

SEC. 12. That when taxes are due upon any lot or parcel of ground, the owner of which cannot be found, ment of own or shall not reside in the county, so that the tax tax. can be collected, it shall be the duty of the treasurcr, under the order of the board, to advertise such lot or parcel of ground in some authorized newspaper, printed in this state, for three weeks successively, the last of which advertisements shall be one month before the day of sale, and if the tax, togeth er with all costs, shall not be paid on or before the day named in the advertisement, it shall be lawful. for the treasurer to sell so much of each lot or parcel of ground, as will pay the tax and costs due thereon, subject to redemption within two years, by paying to the treasurer, for the use of the purchaser, the purchase money, with fifty per centum per annum, thereon.

Streets to be

SEC. 13. That it shall be lawful for the board of trustees, to appoint an overseer of the streets, who kept in repair. shall have power to call out all male laboriag hands residing in said town, over the age of eighteen, for the purpose of keeping the streets in repair, and any one when warned, who shall fail to attend and work, shall be liable to the same penalty, as if he had failed to attend and work a road, when warned by an overseer, appointed by the county court; and the overseer shall be governed by the same rules, and subject to the same penalties as overseers of the public highways, when appointed by the county

court.

SEC. 14. That all warrants and motions given by this act, shall be sued and prosecuted by the trustees, in the name and style of the "trustees of the town of Hawesville ;" and the trustees shall have power to pass all by-laws necessary for the government of said town, not inconsistent with the constitution and laws of this state.

Approved, February 29, 1836.

Suits, &c. to be in the name

of trustees.

By-laws.

CHAP. 240. AN ACT amending the Road law in Greenup county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That only one road com

1836. missioner shall be elected hereafter, by the voters of Greenup county, at the annual elections in said county, instead of three commissioners, as provided for, by the act, entitled, "an act to amend the law in relation to opening and repairing the roads in certain counties," approved, January the twenty-ninth, one thousand eight hundred and thirty; and that the one road commissioner so elected, shall have all the powers, and be subject to all the duties vested in, and-imposed on the three commissioners by said recited act; and for his services, said commissioner shall be allowed one dollar per day: Provided however, That the whole compensation to said commissioner during the year, at the rate aforesaid, shall not exceed eighty dollars.

Approved, February 20, 1836

Route for road

CHAP. 211.-AN ACT, supplemental to an act, entitled, "an act to incorporate a company to construct a Turnpike road from Taylorsville, in Spencer county, to intersect the Turnpike from Bardstown to Louisville.

Sce. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be to be viewed. the duty of the state engineer, and he is hereby directed, to view the route or way from Taylorsville to Mount Washington, at a point of intersection with the turnpike road from Bardstown to Louisville; also to view the route or way from the same place to Jeffersontown, thence on the most convenient point. of intersection on the way to Louisville, with the aforesaid turnpike road, and also to view the route or way from the same place, to at least one more point of intersection with the same aforesaid turnpike road, between the said points of intersection herein before mentioned, where he may deem mostexpedient.

Engineer to report to the

board who are to locate the road.

SEc. 2. That it shall be the duty of the said engineer, and he is hereby requested to estimate, examine into, and report to the board of internal improvements, the relative cost of constructing a turnpike road on the said respective routes or ways; also the relative public utility of such road on said respec-tive routes or ways, to the surrounding inhabitants, and also the relative profit likely to arise to the stockholders of the company, from the said respective..