1873. Judge and jus tices authorized to borrow money to pay off bonds. to pay same. CHAPTER 27. AN ACT to authorize the Logan county court to borrow money to pay off the bonds issued by said county in aid of the Memphis Branch of the Louisville and Nashville Railroad Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the judge of the Logan county court, with the concurrence of a majority of the justices of the peace for said county, is hereby authorized to borrow the sum of two hundred thousand dollars, or so much thereof as may be necessary, at any rate of interest not exceeding ten per cent. per annum, payable annually; the sum so borrowed to be used for the purpose of paying off the bonds heretofore issued by said county court in aid of the Memphis Branch of the Louisville and Nashville Railroad Company. § 2. That the judge of said court, with the concurrence To issue bonds of a majority of the justices of the peace for said county, is hereby authorized to issue the bonds of said county for the money borrowed under the first section of this act, in any amounts not less than five hundred nor more than one thousand dollars each, to be due and payable at such time as the court may direct, not less than five nor more than twenty years from date. levied, and mode of collecting same §3. The county court of said county, composed of the Tax to be county judge and a majority of the justices of the peace for said county, are authorized and empowered to levy an ad valorem tax annually on all the property in said county listed for taxation for revenue purposes, to pay the interest on the money borrowed under this act; which tax shall be collected by the sheriff of said county, under the same responsibility of himself and sureties, for the same compensation as is now allowed for collecting State rev Duty of sheriff. posing of bonds issued. enue. § 4. That the county court of said county, composed of Mode of dis- the county judge and a majority of the justices of the peace for said county, are hereby authorized to elect or appoint an agent to sell the bonds issued under this act, and to receive the proceeds of said sales and pay them over to the holders of said county bonds, issued in aid of the Memphis Branch of the Louisville and Nashville Railroad; and to require from said agent a bond, with approved security, for a faithful performance of his duties under the provisions of this act. § 5. The bonds issued under this act shall be signed by Bonds to be the county judge of said county, and countersigned by the county clerk of said county. signed by judge and clerk. 1873. If sheriff fails to collect, collector and his duty, 6. If the sheriff of said county shall be unwilling to collect the tax referred to under section third of this act, or shall fail or refuse to give bond for the collection thereof, the county court is authorized to elect a collector, who to be appointed, shall be required to give bond for the faithful performance bond, &c. of his duties, with approved security; and the person so elected shall be required to take an oath for the faithful performance of his duties, and shall have the same powers for the collection of said tax which sheriff's now have by law for the collection of State revenue, and shall receive the same compensation as sheriffs now receive for collecting State revenue. § 7. This act shall be in force from its passage. Approved December 22, 1873. CHAPTER 28. AN ACT to add a part of Henry county to the county of Oldham. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Portion of Henry to be §1. That from and after the first day of January, 1874, all that part of Henry county, lying within the following added to Oldham bounds, shall be added to, and become a part of, Oldham County. county beginning where the line between Oldham and Henry crosses Harrod's creek, below where the Babcock mill stood, and now owned by Frank Freeman; thence up said creek, with its meanders, nearly an east course, to the railroad bridge over the same, known as the Shortline, Covington, and Lagrange Railroad; thence south and southwest with said railroad to where the line between said counties crosses said railroad, on the premises of P. Harwood; thence with the line between said counties to the beginning. §2. The circuit and county courts, as also justices of the peace of Henry county, shall have jurisdiction over all cases now depending before them; and it shall be lawful for all sheriffs, constables, and other officers of Henry, to execute all processes, collect all taxes, fines, and other dues that may now be in their hands, and shall account for the same in the same manner as if this act had not passed. LOC. L.- -8 Approved December 20, 1873. Legal status to be unchanged. 1873. CHAPTER 29. AN ACT for the benefit of Warren county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That for the purpose of enabling the county court of Warren county to fund and pay off the floating debt to issue bonds to of said county, and to retire the bonds of said county, County court fund debt. issued in aid of the Louisville and Nashville Railroad Company, maturing in April, 1874, the presiding judge of said county court, a majority of the justices of said county being present and concurring, may issue any amount of bonds, not exceeding eighty-five thousand dollars, of denominations of not less than one hundred and not more than one thousand dollars, to run not exceeding ten years, bearing interest at a rate not greater than ten per cent. per annum, payable semi-annually; said bonds to have coupons attached, and to be signed by the county judge, and countersigned by the county clerk, under seal of his office. Said coupons to be signed by the clerk only. § 2. That bonds to the amount of forty thousand dolHow bonds lars of those authorized by the first section of this act to be disposed of to be issued shall be, by the judge of said county court, made of proceeds placed in the hands of the treasurer of the board of and use to be sinking fund commissioners of said county, created in pursuance of the charter of the Louisville and Nashville Railroad Company, who is authorized to sell the same at par, and apply the proceeds of sales thus made in retiring the bonds of the county issued in aid of said railroad company falling due April, 1874; and if portion of the proceeds of said bonds, so placed in his hands, remain in his hand after retiring said railroad bonds, said surplus shall go to the credit of said sinking fund, and be retained for future use in retiring any other bonds issued in aid of said railroad company which may not mature in 1874, or may be issued in paying interest upon said bonds; and the remainder of the bonds authorized herein shall be sold by the county judge, or any person appointed by him, at not less than par, and with the proceeds of sales the floating debt of the county shall be speedily paid off, and the surplus remaining after said debts have been paid shall be disposed of as hereinafter provided. Said bonds shall not be delivered, nor any money paid over to said treasurer and county judge, or any person appointed by said county judge, until they have executed bond to the county, approved by the county court clerk, conditioned for the safe-keeping of any securities and moneys that may come to their hands, and for the faithful discharge of all the duties prescribed by this act. 1873. Court to levy § 3. For the purpose of creating a fund, to be denominated the "Miscellaneous Fund," for the payment of the ordinary expenses of the county, the county court may tax to pay bonds. levy a tax, not exceeding three dollars on each male over twenty-one years of age, for such number of years, beginning in the year 1874, as the court may deem proper for the purpose aforesaid. The fund thus arising shall be drawn on, from time to time, in the hands of the sheriff. § 4. That for the purpose of creating a fund, to be styled the "Warren County Sinking Fund," for the payment of the interest of the bonds issued by virtue of this act, and also the interest on all outstanding bonds of the county, other than the Louisville and Nashville Railroad bonds; and for the payment of the bonded debt of the county, except the bonds issued in aid of said railroad company, the county court may lay and collect a tax, not exceeding thirty-five cents on the one hundred dollars, on. all property in said county listed for taxation for State revenue, and a poll tax of two dollars on each male over the age of twenty-one years, either or both, commencing in the year 1874: Provided, That the taxes aforesaid, when so levied, shall be collected by the sheriff of said county, and paid over, from time to time, to the treasurer of said sinking fund, upon his order, taking from him a receipt therefor. The sheriff shall have power to levy on, distrain for, and sell the property of the tax-payers, to make the taxes authorized by this act, in the same manner and in the same time, as is now allowed by law for the collection of the State revenue, and he shall receive the same commissions as now allowed of for collecting the county levy; he shall give bond, with good security, for the collection of the taxes authorized by this act, to the county court, for the use of the county; and for a failure to comply with its provisions may be proceeded against by motion or petition, and a judgment rendered against him and his sureties, with costs and damages, in the same manner as now provided by law for a failure to collect and pay over the State revenue. tax. May levy poll Sheriff to collect said taxes--his compensation, re sponsibility, and powers. How surplus, of bond money to be 5 That the surplus remaining from the proceeds of bonds sold by the county judge, or any person appointed used. by him, as provided in section two of this act, shall constitute a part of said sinking fund, and also the taxes heretofore set apart, and unpaid by the sheriff, for the payment of the principal and interest of the bonded debt of the county; and said surplus and taxes shall be paid over to the treasurer of said sinking fund, which, together with the taxes authorized by section four of this act, shall be sacredly devoted to the payment of the prin 1873. tute sinking fund board-their powers and duties. cipal and interest of said bonded debt, with other expenses properly chargeable to said sinking fund, and to no other uses or purposes whatever. § 6. The county judge, county clerk, county auditor, Who to consti- county attorney, and the justices of the first district, and their successors in office, shall constitute a board, to be styled the "Warren County Sinking Fund Commissioners," who shall manage and control said sinking fund. The county judge shall be chairman, and a majority of the commissioners shall be required to compose a board for the transaction of business. Said commissioners shall elect one of their number treasurer, who shall have the custody of the money or property of said sinking fund, and, before entering upon the duties of his office, shall execute bond to the county, to be approved by the county court, conditioned to account for and pay over, upon the order of the board, all moneys that may come to his hands or control; and upon such bond recovery may be had for any breach of its conditions. He shall keep a true and correct record of all proceedings of said board of commissioners, receive and disburse all moneys, and keep a true and correct account thereof, and shall account for all moneys and any other thing of value be longing to said sinking fund that may come to his hands or control. He shall make report to the county court annually, in the month of October, showing the receipts. and disbursements of said sinking fund for the preceding year, with such suggestions as to its future management as he may deem proper, and shall, when required, give to the county court any information in his power concerning said sinking fund; and it shall be the duty of said treasurer to have said report published in any manner he may think proper for the information of the county at large; and said commissioners shall allow and pay out of the sinking fund a fair and reasonable compensation to their treasurer for his services. § 7. It shall be the duty of said commissioners to use Powers of board. said sinking fund for the purpose of paying the interest and principal of the county debt, and to apply any surplus on hand at any time to the redemption of any portion of the county debt by payment or purchase of any of the bonds at par or under, charged to said sinking fund; and they shall have power to make any safe and profitable investment of any surplus that cannot be applied to the payment or purchase of said county bonds. § 8. That upon the application of any member of the county court at any time to the county judge, he shall assemble the justices of said county, and for good cause shown said county may remove any member or all of said |