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1874.

Governor to com

duties defined.

ernor of Kentucky he shall issue a commission to said officer. He shall, by virtue of his office, be a conservator of the peace, and shall, before he enters upon the discharge of his duties, be commissioned and sworn to mission; his faithfully and impartially execute all the duties of police judge of said town, and such other oaths as are administered to justices of the peace. He shall have the same powers, authorities, and jurisdiction of justices of the peace in civil, penal, and criminal causes, and except when there is a vacancy, he shall have exclusive jurisdiction within the limits of said town of all infractions of the by-laws and ordinances of said town, and concurrent with justices of the peace of riots and breaches of the peace committed within the limits thereof. He shall have power to administer oaths, render judgments, and issue executions the same as now belongs to justices. He shall also have power to fine for contempt any sum not exceeding five dollars, and imprisonment not exceeding eight hours. He shall also have power to issue compulsory process against parties or witnesses, to issue summons and subpoenas against parties and witnesses in cases pending before him; and he may order a jury to try any case pending before him, at the request of the parties, where the amount in controversy is over ten dollars. He shall order the arrest of any drunken or disorderly person within the limits of said town, and upon such a person being brought before him, he may order him to be confined until he is sober, and he may require a disorderly person to give security to be of good behavior for any period, not exceeding one year; the bond shall be to the Commonwealth of Kentucky, in any reasonable sum, not exceeding one thousand dollars, and he shall keep a book of record of all his acts as judge of said town. When a peace bond shall be violated the trustees of said town may institute proceedings for the breach thereof before. any court having jurisdiction of the amount in their corporate capacity, and the fine, if any, assessed, shall be paid over to the treasurer of said town for the benefit of the town. A vacancy in the office of police judge shall be filled by the Governor of Kentucky until the succeed- filled; his fees ing annual election of trustees, when the voters of said town shall elect a police judge to fill out the unexpired term, whose qualifications shall be the same as required for the first officer herein for said office; the succeeding police judge, so soon as he is commissioned and sworn in, shall be entitled to all the records, books, and papers of his predecessor. No appeal in civil, penal, or criminal causes, where the amount involved, besides interest and costs, does not exceed ten dollars, shall be taken from the LOC. L.-17

Vacancy how fixed; to hold

courts.

1874.

ized to compel

ty to make im

provements, on

decision of said judge. The fees of said judge shall be as
follows, to-wit: For a warrant for a riot, affray, or breach
of the peace, fifty cents; for a warrant for a breach of
any of the by-laws or ordinances of said town, fifty cents;
for swearing a jury and presiding at the trial in a penal
case, or for trying same without a jury, one dollar; for
taking a recognizance, fifty cents; for each subpoena,
twenty-five cents; for each judgment, twenty-five cents;
and for all other fees, the same as now allowed justices
of the peace.
He shall have the same power to enforce
his judgments and collect his fees as justices now have.
He shall hold a quarterly court for the trial of all civil
causes pending before him on the first Mondays in March,
June, September, and December, and may continue each
term, from day to day, until the business is completed;
and he may try all penal and criminal causes so soon as
brought before him, giving the parties a reasonable time
to prepare for trial.

16. The board of trustees shall have power and auTrustees author, thority to compel the owners of lots in said town to pave owners of proper- in front of same, the grade and width of the pavement and kind, whether of brick or wood, and the curbing, to giving notice, &c. be designated by said trustees after reasonable notice posted in a conspicuous place in said town, attested by the clerk of said board; and upon a failure of the owners to pave the same as said trustees may direct, said trustees are empowered and authorized to have said work done at the expense of the owners, and shall have a lien upon the lots in front of which said improvements are made for the costs thereof, which may be enforced by suit in the Hopkins circuit in the name of said trustees in their corporate capacity. They shall also have power to make and adopt a corporate seal, and to change the same at pleasure.

payment of taxes.

§ 17. For the non-payment of taxes due to said town upon Marshal to coerce any real estate, the marshal is hereby vested with power to sell such real estate at the court-house door of said county, for cash, at such time and notice as is required of sheriffs in sales of real estate; and when sold, and not redeemed within two years from the date of sale, by paying over the price bid and ten per cent. per annum thereon, said marshal, or his successor in office, shall convey the same to the purchaser or his assignee.

18. This act shall take effect from and after its passage.

Approved February 6, 1874.

CHAPTER 209.

AN ACT to amend the charter of the city of Covington.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1874.

Assessment of property to be

made once in five years on real

estate; personalty once a year; improvements

on

real estate to be added yearly.

To be made by

deputies.

tion to be chosen by council to suments, &c.

pervise assess

§1. That hereafter a general assessment of property for taxation in said city shall be made once in five years; but personal property annually. And each year, in the month of February, the additional improvements shall be valued and assessed and added to the valuation of the ground on which they may respectively stand. Said general assessments, as also the annual assessments, shall be made by the city assessor and his deputies; and the first city assessor and general assessment shall be made in the year 1874. Upon such general assessment being made, the assessor and his deputies shall deliver their book or books containing said assessment to a board to be selected as follows: the city Board of taxacouncil shall select four persons, two of them from east of Madison street (of whom one shall be from north of and the other from south of Tenth street), and two from west of Madison street (one being from north of and the other from south of Tenth street), and said four persons shall select a fifth from the city at large, and upon said persons being confirmed by the city council and duly sworn to faithfully perform their duties, they shall be known as the board of taxation. It shall be their duty as such board to examine and carefully and minutely revise the said books so returned by the assessor and his deputies, and they shall inspect the property assessed and see that a proper valuation is placed on all property, and to that end they may alter and amend said books, and in doing so the opinion of a majority of the board shall govern; they shall act diligently in the performance of said duty, and after they shall have completed their work they shall report said books so revised to the city council at its first regular meeting succeeding, and the assessment thus made shall stand as to real property for five years. After said books shall have been received by the city council, the duties of the city clerk and city treasurer in regard to taxes, &c. the same, and in regard to the collection of the taxes, shall be as now provided for by the city charter; and the taxes shall be payable from the 1st to the 15th of June and from the 1st to the 15th of December of each year, as now provided: Provided, however, That the tax bills of any general or annual assessment, upon being marked "delinquent," shall not be placed in the collector's hands until the 1st of July and 1st of January succeeding the time of payment of the respective duplicates; and the penalty attaching before said dates of July 1st and January 1st shall only be five per cent., but after said dates

Mode and manner of collecting

1874.

property to be

shall be fifteen per cent.; and said bills, after said dates, shall be turned over to the city collector, nor shall the city council have power to withhold the same from him.

§ 2. All transfers of real property in the city shall be Transfers of real noted on the tax duplicate to be kept by the city auditor; noted by city and before the county clerk shall record or receive any auditor, and duty deed for property in said city for record, he shall require the party desiring the record to obtain the indorsement of the city auditor that the property has been transferred on the tax duplicate.

of clerk of county

court in record

ing deeds.

City may sue to recover taxes, &c.

§ 3. In all cases where the city has heretofore or may hereafter purchase any real property sold for the non-payment of taxes or assessments, it may institute and prosecute proceedings in equity to quiet its title to the same, or to subject the same to the satisfaction of its lien so acquired, or to recover its taxes due thereon.

4. This act shall take effect from its passage.

Approved February 6, 1874.

TOW

money on

bonds and notes to pay indebtedness; mayor to sign same.

CHAPTER 210.

AN ACT for the benefit of the city of Frankfort.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the board of councilmen of the city of FrankCounty to bor- fort shall have power to borrow, on the bond or bonds, or note or notes of the city, executed by order of the city council, so much money as may be necessary to extinguish any existing indebtedness of the city, on such time, not exceeding four years, including renewals, and at such interest, not exceeding eight per centum per annum, and at that rate for the time such loan may run, as the parties may agree; and any bond or bonds, note or notes, made necessary by any such loan or renewal executed by the signature and delivery of the mayor and seal of the corporation, shall be lawful and binding on the city.

Present holders

of bonds may ex

tend time of pay

ment of same for four years.

§ 2. It shall be lawful for any holder and owner of Frankfort city bonds now outstanding and unpaid, to agree with the board of councilmen of the city of Frankfort for an extension of time for payment after the maturity of any such bond or bonds, for such time, not exceeding four years, as may be evidenced by the written memorandum of the mayor on behalf of the city, and the holder and owner of said bond or bonds indorsed on the back of the same, and at a rate of interest as may be agreed, not exceeding eight per centum per annum, for any time agreed upon within the four years aforesaid; and any such bond or bonds so extended, and any such

agreement so made as to interest thereon, shall be valid until fully complied with and discharged.

§3. This act shall take effect from and after its pas

sage.

1874.

Approved February 6, 1874.

CHAPTER 211.

AN ACT for the benefit of James Crow, committee of William Gilbert and
Martha Gilbert.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Auditor of Public Accounts is hereby authorized to draw his warrant in favor of James Crow, committee of William Gilbert and Martha Gilbert, two pauper idiots of Lincoln county, for the sum of fortyeight dollars, to be paid out of any money in the Treasury not otherwise appropriated.

§2. That this act take effect from its passage.

Approved February 7, 1874.

CHAPTER 212.

AN ACT for the benefit of Mary Blain and Georgia Ann Hays. WHEREAS, Malvina Blain, of color, of Lincoln county, died intestate, and possessed of a small house and lot in the western suburbs of Stanford, which was conveyed to her by Wm. Craig, by deed of record in the clerk's office of the Lincoln county court; and whereas, she left no heirs entitled to the same, but left a girl, Georgia Ann Hays, whom she had informally adopted, and a daughterin-law, Mary Blain, to whom she expected to devise her estate, but owing to her sudden death failed to make any disposition of her estate by will; and whereas, no steps have yet been taken to take charge of said estate for the Commonwealth; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1 That the title, interest, and claim of the Commonwealth in and to said estate of Malvina Blain, deceased, be, and the same is hereby, transferred to said Mary Blain and Georgia Ann Hays, equally and jointly, as fully as though they had purchased the same from the Commonwealth as escheated: Provided, That this act shall not prejudice the rights of any person who may hereafter

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