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1850.

They shall have power to declare what are nuisances within said town, and may, by their order, direct the same to be abated, or may, by their by-laws, impose a fine on any person or persons who may have caused the same. They shall have power to provide for the security of said town against fire, by organizing one or more fire companies, defining their duties, and punishing, by adequate fines and other penalties, those who shall fail to perform the duties required of them. They shall have power to regulate the market and appoint a market master, and such other officers as may be deemed necessary for that purpose. That it shall be the duty of said Trustees to appoint a Treasurer, Clerk, Marshal, and such other officers as they may deem necessary, and take from them, respectively, bond with security, payable to the Commonweath of Kentucky, in such penalty as the said Trustees shall direct, conditioned for the discharge of their respective duties; and for a violation of duty on the part of either of said officers, motions may be made or suits brought before any tribunal having jurisdiction thereof, in the same manner and under the same rules and regulations that motions are made or suits brought against Sheriffs, Constables, or other officers, for failure of duty; and, moreover, the said Trustees, or a majority of them, shall have power and authority to remove either of them for failing to do their duty, and appoint others in their places.

SEC. 4. That it shall be the duty of said Treasurer and Duties of off- Clerk to keep a record of the proceedings which properly belong to their respective offices; and it shall be the duty of said Treasurer to render an account to said Trustees of all moneys received and paid out by him, whenever by them requested so to do.

SEC. 5. That it shall be the duty of said Trustees to apChairman to point one of their own body Chairman of the Board, and that no money shall be drawn from the Treasurer except by the order of said Chairman, in pursuance of allowance made by said Board.

be appointed.How money to be drawn.

SEC. 6. That the Governor, by and with the consent of Police Judge the Senate, shall appoint and commission some good and to printed; discreet person of said town as Police Judge of the said his jurisdiction, and duties, and town of Lawrenceburg, who shall have and hold his office

fees.

in the same manner, and for the same time, that commissioned judicial officers of this State are appointed; and who, before he enters upon the duties of his office, shall take the oath to discharge the duties of said office faithfully and impartially, and to the best of his ability, without favor or affection to any, together with such general oaths as public officers are usually required to take-such oaths to be administered by some Judge or Justice of the Peace. The said Police Judge shall have jurisdiction within the limits of said town of all cases, civil and criminal, in which Justi

ces of the Peace have jurisdiction, except as a court of enquiry in criminal cases, in which he shall have the same jurisdiction now given to two Justices of the Peace, and shall proceed in the same manner that justices are required to proceed in criminal cases. He shall have jurisdiction over

all offences arising under the by-laws of said town, and shall have power to enter judgment and award execution accordingly-which cases shall be tried as soon as practicable, and shall not be deferred to the regular quarterly term of the Justices' Court. It shall be the duty of said Police Judge to keep a record of his proceedings, copies of which shall be evidence, and shall have the same effect as the records of Justices of the Peace. He shall have power to issue summons for witness to give evidence in causes pending before him, and upon their failure to attend may issue compulsory process to compel their attendance. He shall have power to fine and imprison for contempts, not to exceed ten dollars fine, nor more than twelve hours imprisonment. He may order the Marshal to summon a jury in any cause cognizable before him, where a jury would be required before a Circuit Court, or a Justice of the Peace. It shall be lawful for said Police Judge to take depositions, and certify the same, where they are to be read in any cause pending in any Court in this Commonwealth. He shall be entitled to the following fees, viz: For a peace warrant, or for a riot, rout, unlawful assembly, or breach of the peace, fifty cents; for a warrant for a violation of the by-laws of said town, in any case where the Trustees thereof are plaintiffs, twenty five cents; for swearing a jury and presiding over the trial in any case, except forcible entry and detainer, fifty cents; for taking a recognizance to keep the peace, apon the application of any person, fifty cents, to be charged to the applicant; in all other cases his fees shall be the same as allowed to Justices of the Peace for similar services, and collectable in the same way.

SEC. 7. That upon all judgments rendered by said Judge, either party shall have the right to appeal, in the same manner that appeals are taken from judgments of Justices of the Peace in similar cases.

SEC. 8. The Marshal shall serve all process and precepts to him directed from said Police Judge, and make due returns thereof; collect all taxes assessed in said town, executions, and other demands which may be put in his hands to collect, and account for and pay the same over to whoever shall be entitled to the same, under the same rules and regulations required by law of Sheriffs in the collection of taxes, and of Constables in the collection of executions or other demands; and on failure to discharge any of the duties required of him, shall be subject to the same proceedings which may be had against Sheriffs and Constables in similar cases. The said Marshal shall be entitled to the same

1850.

Appeals.

Duties and If abilities of Mar

shal prescribed. directed Constables of Ander

Process may be

son county.

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fees for collecting the town tax that Sheriffs are entitled to for collecting the county levy, and in all other cases the same fees that are allowed to Constables for similar services: Provided, however, that said Police Judge shall have power to direct his process to any Constable of Anderson county; and said Marshal shall have and possess the same powers given to Constables in all cases cognizable before said Police Judge.

SEC. 9. All fines and forfeitures, in cases cognizable before said Police Judge, shall be collected and paid to the Treasurer of said Board, for the use and benefit of said town, any laws to the contrary notwithstanding. All moneys collected by judgment of a Justice of the Peace for a violation of any penal law committed within the limits of said town, shall be, in like manner, paid over to the Treas

urer.

SEC. 10. That all acts or parts of acts coming within the purview of this act are hereby repealed.

Approved February 14, 1850.

name and style. Road located.

CHAPTER 141.

AN ACT to incorporate the Christiansburg Turnpike or Plank Road Com

pany.

SEC. 1. Be it enacted by the General Assembly of the ComCompany, its monwealth of Kentucky, That a Company is hereby created, under the name and style of the Christiansburg Turnpike Road Company, for the purpose of making a turnpike or plank road, from a point on the Frankfort and Shelbyville turnpike road, near the residence of John Shannon on said road, to intersect the railroad opposite to Christiansburg, in Shelby county, or at Consolation on said railroad-said Company selecting either point of intersection.

SEC. 2. That the capital stock of said Company shall be Capital stock. thirty thousand dollars, to be divided into shares of one hundred dollars each.

Books to be appointed; form of obligation.

opened; Com'rs

Notice of place to be given.

SEC. 3. That books for the subscription of stock in said Company shall be opened on the first Monday in April next, at Christiansburg, under the direction of Jeremiah Long, J. G. Farmer, J. Clayton, J. Davis, and J. T. Norwood; and at Consolation, under the direction of H. Bohannon, R. W. Hawkins, S. Cook, C. White, and R. Radford; and at Clayvillage, under the direction of J. F. Middleton, A. S. Frederick, T. C. Guthrie, W. N. Mount, and J. Caldwell, or some two or more of them at each place, who are appointed Commissioners. The Commissioners at each place shall procure books, and the subscribers to stock in said Company shall enter into the following obligations in such books, towit: "We, whose names are hereunto subscribed, do promise to pay to the President, Directors, and Company, of the

Christiansburg Turnpike Road Company, the sum of one hundred dollars for every share of stock in said Company, set opposite to our names, in such manner and proportions, and at such times, as shall be required by the President and Directors of said Company. The Commissioners, or a majority of them, shall give notice, by advertising in the Shelby News, or otherwise, of the time and place of opening the books for the subscription of stock in said Company, and the same shall remain open until the amount of capital stock shall be subscribed.

SEC. 4. That so soon as one hundred shares of the stock shall be subscribed, it shall be the duty of the Commissioners to give notice of a meeting of the stockholders, at such time and place as the Commissioners may designate, for the purpose of choosing officers; said notice to be by advertising for twenty days previous to such meeting; and that the voters, in choosing the officers of said Company, shall be regulated by the number of shares, allowing one vote for each share of stock subscribed.

SEC. 5. That the officers of said Company shall consist of a President and five Directors, a Treasurer, and such other officers as they may think necessary to conduct the business of said Company for one year, and until others shall be elected.

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Corporate powers--mate

SEC. 6. That when said Company shall be thus organized, it is hereby declared a body politic and corporate, by the rials-rates name and style of the Christiansburg Turnpike Road Com- toll. pány; and by that name shall have perpetual succession, and be entitled to all the rights, privileges, and franchises, incident to a corporation, in the same manner and to the same extent as are conferred upon the President, Directors, and Company, of the Mulberry Turnpike Company, by an act, approved February 29, 1836, except so much thereof as relates to the material of which said road shall be constructed, which shall be left to the choice of the Company: And. provided, that the rate of toll shall be so regulated as not to net more than six per cent. on the capital stock of said Company invested.

SEC. 7. That the Legislature reserves the right to alter, amend or change this charter.

Approved February 14, 1850.

of

CHAPTER 142.

AN ACT for the benefit of Victor F. Fisher.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Victor F. Fisher, a minor, within the age of twenty one years, be and is hereby empowered to bargain, sell, alien, and convey, all his right, title, interest, and claim, in and to a tract of land in Grayson county,

1850.

Kentucky, now in the occupancy of one Luther J. Talbott,
on Bear creek, or any part or parcel thereof, and the con-
veyance of said Victor F. Fisher shall be as valid, to all
intents and purposes, as though he were of full age.

Approved February 14, 1850.

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J. A. David Scott, author ized to sell and

son, exec'or of

convey &c.

CHAPTER 143.

AN ACT for the benefit of the heirs of James Scott, deceased.

Whereas, William Scott, of Bourbon county, by his last will and testament, devised his estate, real and personal, to his son Jefferson Scott, including a tract of land containing three hundred and fifty acres, said will containing a clause which provides that if his said son Jefferson dies without children, or a child, living at the time of his death, the estate thus devised should descend to the brothers and sisters of said William Scott, and their descendants; and, whereas, James Scott, a brother of said William Scott, a resident of the State of Virginia, has since died, having first made and published his last will and testament, by which he devises his estate, real and personal, to his children Rebecca A., Mary J., and Eliza F. Scott, and directs his executor, John A. Davidson, if he shall deem it for the interest of his said children, to sell and dispose of any part or the whole of said estate; and, whereas, said Davidson is satisfied that it will be to the interest of said children, for whom he is also Guardian, for him to sell their contingent interest in said tract of land to Jefferson Scott, who proposes to purchase the same, but owing to doubts whether said Davidson has, by the will of said James Scott, power to sell land not lying in the State of Virginia. Therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John A. Davidson, executor of James Scott, deceased, and Guardian for Rebecca A. Scott, Mary J. Scott, and Eliza F. Scott, heirs and devisees of said decedent, be and he is hereby authorized to sell and convey to Jefferson Scott all the right, title, and interest which the said Rebecca A. Scott, Mary J. Scott, and Eliza F. Scott, have in and to a tract of land lying in Bourbon county, containing three hundred and fifty acres, the same being in part of the real estate devised to said Jefferson Scott by his father William Scott, deceased, and such sale and conveyance, when made, shall be as binding and shall have as full force and effect to pass their title in said land to said Jefferson Scott, as if the said Rebecca A. Scott, Mary J. Scott, and Eliza F. Scott, were of mature age, and had themselves made the same.

SEC. 2. That before making said sale, the said Davidson Davidson to shall execute bond, with good security, before the Clerk of Bourbon Circuit the Bourbon Circuit Court, in a penalty double the estima

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