CHAP. 43.-AN ACT to amend the 14th section of an act cntitled "an act to amend and reduce into one, the execution laws of this state, approved 12th February 1828.

1836

coming of pro

SEC. 1. Be it enacted by the General Assembly of Duty of oflithe Commonwealth of Kentucky, That all officers, up- cer in taking on levying är execution of fieri facias or other bond for forth. process on property, and the defendant or other perty. person, shall execute a bond or bonds, for the forthcoming of said property, it shall be the duty of such officer to specify in such bond, the value of each species of property contained therein, according to his best judgment of its true worth; and whenever any such bond shall not be complied with, it shall be the duty of any such officer to report on the bond, to the clerk or justice of the peace, who issued the fieri facias, the particular property which was not forthcoming. SEC. 2. Be it further enacted, That no execution Execution not shall issue against the security in any such bond for to any sum exceeding the value of the property, which such bond for was not delivered, and that the value of the property a sum exceed. contained in such bond, and not delivered, shall be of the propering the value the extent of the liability of such security or securities.

Approved, January 22, 1836,

issuc

on

ty not deliv

cd.

CHAP. 44.-AN ACT to amend an act, approved, December 8, 1831, entitled, "an act to incorporate the City of Lexington." SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the sixth section, and every other part of the above recited act, as constitutes the mayor and board of councilmen one-board, to sit and act together as one body, or gives to the mayor a seat or a vote in the board of councilmen, or creates any connection between the said mayor and board of councilmen, be, and the saine is hereby repealed.

Laws repeal

ed.

Laws repeal

SEC. 2. Be it further enacted, That so much of the above recited act, as constitutes the mayor of said ed. city, the chief executive officer of said corporation, or gives to the said mayor any executive power or authority whatever, be, and the same is hereby repealed.

SEC. 3. Be it further enacted, That the whole of Laws repealthe twenty-fourth section, and so much of every other ed.

1836

Mayor to be appointed.

tion.

Salary.

part of said act, as provides for the election of the mayor of said city by the people, and so much of the twenty-third section and every other part of said act, as requires that the clerk of the city council shall be clerk for the mayor, or takes from the mayor the right to appoint his own clerk, be, and the same is hereby . repealed.

SEC. 4. Be it further enacted, That the mayor of the city of Lexington, shall be appointed and hold his office as is prescribed by the constitution of the state of Kentucky, for the appointment and tenure of office of other judicial officers; and he shall have and exercise all the power, authority, and jurisdiction, here-His jurisdic- tofore conferred, or attempted to be conferred upon the said mayor, by the said act of incorporation or any of the general laws, or the particular laws now in force with regard to said office, not herein express-ly repealed or revoked; and shall receive for his services a salary of five hundred dollars per annum, independent of his fees of office, as provided in the charter, payable quarterly, out of the treasury of the Commonwealth, which shall not be increased or diminished during the time for which he shall hold the office. He shall have power, in prosecutions in the city court, for breaches of the peace, nuisances, and any and every offence of which he has jurisdiction, May cause a to cause to be summoned, when he shall deem it negrand jury to cessary, a grand jury, to enquire into such of the of Be summoned. fences cognizable in said court, as may be indictable, and proceedings shall be instituted and prosecuted in such cases, in the same way that proceedings are had in the circuit court in similar cases, and the verdicts and judgments in cases prosecuted by indictment; in like cases in shall be of the same character and to the same amount circuit court. with similar cases in the circuit court. He shall, conMayor to have concurrent ju- currently with the Fayette circuit court, have and risdiction with exercise the same power and jurisdiction with the circuit court said circuit court, which, by the tenth section of the said act of incorporation, and the tenth section of the act approved January 20, 1835, entitled "an act to amend the charter of the city of Lexington," is given to the said Fayette circuit court in regard to opening and extending streets in said city, and conourrent jurisdiction with the said Fayette circuit court in cases of idiocy and lunacy, in the absence of the circuit judge; and similar proceedings shall be had in such cases before the mayor, to those had in the

be

Proceedings to be had as

in certain ca

ses.

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Appoint a

said circuit court, saving to the city the right to discontinue their petition for opening or extending any street in any stage of the suit; and the same right of appeal from the city court to the court of appeals shall exist in such cases, which exists in such cases in the circuit court. He shall, at some public place in He shall hold said city, to be provided by the president and coun- courts. cilmen, and in default of their making provision, at such place as he may select, hold courts for the trial of cases within his jurisdiction, under the name of the "Lexington City Court." The court aforesaid shall be a court of record, and the mayor shall appoint a clerk thereof, to be called the "Clerk of the Lexing- clerk. ton City Court," who shall have the powers, and perform the duties, for said mayor, which by the act of incorporation aforesaid, and acts in amendment thereof, were granted to and required of the clerk of the city in his capacity of clerk for the mayor; and shall be entitled to charge the same fees, collectable in the same way, that by the said act of incorporation, fees of clerk.. and acts in amendment thereof, the clerk of the city was permitted to charge, but shall not be permitted to charge fees against the city or the Commonwealth' in cases in which the prosecutions in their favor may be unsuccessful.

SEC. 5. Be it further enacted, That all fines, forfeitures, and penalties assessed in the said city court, shall be for the use of the city.

Duties and

be for the use of the city.

Fines &c. to

President of the board of

be chosen.

His oath and

and

SEC. 6. Be it further enacted, That so soon as this act shall take effect, and at the first meeting of the councilmen to board of councilmen, in every year succeeding their election, the said board of councilmen shall choose by ballot, one of their own body as president of the board of councilmen, who shall be sworn to a faithful discharge of the duties of his office, and who shall continue in office until his successor shall be chosen powers salary. and qualified, who shall vote as a member representing his ward, and shall also vote in cases in which, by the charter, the mayor was entitled to a vote, and who shall receive for his services an annual salary, to be fixed by the board of councilmen in the absence of the president, payable quarterly, out of the funds of the city, and which shall not be diminished during the term for which he shall be appointed...

SEC. 7. Be it further enacted, "That all the power The powers, and authority, rights, privileges and property, real rights, &e. of and personal, and choses in action, which are now the president

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vested in, and belonging to, or were vested in, or at tempted to be vested in the mayor and board of coun and board of cilmen of said city as one body; and all duties, liabili

councilmen.

Seal for city

ties, and debts of said board of mayor and councilmen, shall be vested in, and chargeable against, said president and board of councilmen ; and all power and authority heretofore exercised, and all duties heretofore performed by the mayor of said city, as a member or as chairman of the board of councilmen, or as chief executive officer of said corporation, shall be, and the same are hereby vested in, and enjoined upon the president of the board of councilmen.

SEC. 8. Be it further enacted, That the president and board of councilmen, shall, under the direction. court to be of the mayor, provide a seal for the city court, which provided. shall be in the custody of the clerk of the city court, to be used and affixed by him as the seals of circuit

City to pay $500 annually into the public treasury.

courts are.

SEC. 9. Be it further enacted, That in consideration of the fines assessed in favor of the Commonwealth and which are herein given to the use of the city, the city of Lexington shall annually pay into the public treasury, in the month of December, the sum of five hundred dollars, and in default of payment the said city shall be liable to motion by the auditor as sheriff's and other collecting officers now

are.

SEC. 10. Be it further enacted, That the validity of How validity the city ordinances may be tried by a writ of prohiof city ordi- bition from the judge of the Fayette circuit court, may with the right of appeal to the Court of Appeals.

nances

be tried.

Tax on coffee houses, &c.

SEC. 11. That no license to keep a coffee house or victualing house, or a house for the retailing of spiritous and other liquors, shall be granted by the council upon the payment of a sum of money less than one hundred dollars.

Approved, January 22, 1836. .

CHAP. 45.-AN AOT for the benefit of James Riddlebargers, heirs and representatiyes.

Be it enacted by the General Assembly of the Com- . Green circuit monwealth of Kentucky, That it shall be lawful for court author the administrator of James Riddlebarger deceased, to ized to decree file a bill in chancery in the Green circuit court,, real estate of against the heirs of said Riddlebarger, and state in.

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said bill the amount of the personal estate, and how it has been administered; the amount of the debts against the estate, which remain unpaid, and the real the deceased to pay debts. estate descended to the heirs, and make such other appropriate allegations as will show the necessity of selling the whole or a part of the real estate for the payment of debts; and on the hearing of said cause, on such proof as the parties shall make, it shall be lawful for said court to make a decree, authorizing the administrator to sell so much of the real estate of the said Riddlebarger, as shall be necessary to pay the remaining debts against his estate; and said court shall direct the minimum price at which the real estate may be sold, and the length of credit, and the surety to be required; and the proceeds of such real estate shall be equitable assets, and the court shall direct its application to the payment of the debts of the decedent, prorata, if there be not sufficient to pay all of them, and may appoint the administrator or any other competent person receiver, and require good surety from such receiver, for the safety and distribution of such proceeds; and said court shall cause a statement of their distribution in the payment of the decedents debts, to be returned and filed in said cause, with evidence of the debts, and the payment thereof.

Approved, January 22, 1836

CHAP. 46.—AN ACT to enlarge the constable's district for the town of Monticello.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the constable's district for the town of Monticello, Wayne county, be, and the same is hereby extended and enlarged, so as to run with the road that leads from Monticello to Green's ferry, to William Colletts; thence to Cannon Washams; thence to Thomas Hansfords, including his residence; thence to the old line at David Smiths, and thence with the old line to the beginning.

Approved, January 22, 1836.