1874. 'Sheriff released from payment of interest and damages on judgment CHAPTER 264. AN ACT for the benefit of John N. Howard, sheriff of Harlan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John N. Howard, the sheriff of Harlan, be, and is hereby, released from the twenty per cent. damages assessed against him at the June term of the Frankin circuit court, 1873, for failure to pay into the Treasury the revenue of Harlan county for the year 1872: Provided, That said sheriff pay into the Treasury in ninety days from this date all of said judgment, except the twenty per cent. damages aforesaid. 2. This act to take effect from its passage. Approved February 12, 1874. est, and damages released. CHAPTER 265. AN ACT for the benefit of William Sword and Fleming Justice, of Pike county. WHEREAS, At the October term, 1867, of the Franklin circuit court, a motion was made, in behalf of the Commonwealth of Kentucky, against William P. Johnson, sheriff of Pike county, and Fleming Justice and William Sword, his sureties on his official bond, for a judgment thereon for the revenue of 1866, upon which bond judgment was rendered against said Johnson and sureties for $2,922 22, at said October term, 1867; and whereas, at the fiscal term of said court, on the 27th of January, 1868, a bond of the said William P. Johnson for the year 1866 was filed in said court, purporting to be a bond for the collection of the State revenue and the county levy, and signed by said sureties, upon which bond motion was made and judgment obtained in behalf of the Commonwealth; and whereas, the said Fleming Justice and William Sword did not intend to sign said bond as a revenue bond, and it being now too late for him to take an appeal upon said judgment, or make a defense to the same; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the said Fleming Justice and William Sword Judgment, inter- be, and they are hereby, released from the payment of said judgment rendered at said October term, 1867, at the fiscal term of the Franklin circuit court, for the sum of $2,942 22 and interest upon same, and damages and costs: Provided, The co-sureties shall first enter their consent of record in the Pike county court to the release herein granted. 1874. Legal proceed § 2. All proceedings heretofore had for the collection of said judgment, so far only as they apply to said Justice ings set aside. and Sword, are hereby set aside and held for naught. § 3. This act shall take effect from its passage. Approved February 12, 1874. CHAPTER 266. AN ACT for the benefit of Messrs. Mann & Rice and Miller & McDaniel, of WHEREAS, The owners of the Greenville Hotel, Messrs. Mann & Rice, also another firm, known as Miller & McDaniel, all of the town of Greenville, in the county of Muhlenburg, erected, under the old law, certain property for the purpose of opening and carrying on the saloon and billiard business; and whereas, section five of article thirteen of chapter ninety-two of the General Statutes of Kentucky has interfered with said business by closing the door to the billiard room; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That said Mann & Rice and Miller & McDaniel be permitted to open the door of their respective houses between the bar-room and the billiard saloon. 2. This act to be in force from and after its passage. CHAPTER 267. AN ACT allowing the jailer of Clay county an assistant. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the jailer of Clay county be, and he is hereby, allowed an assistant. § 2. This act shall take effect from its passage. Approved, February 12, 1874. CHAPTER 268. AN ACT to incorporate the town of Garnettsville, in Meade county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Boundary of § 1. That the following boundary of land in Meade county, lying and situated on Otter creek, be, and is town given. 1874. Boundary kept by trustees, and recorded in the county court. and appointed, 1874, and annual elections after. there hereby, established as the town of Garnettsville: beginning on the west side of Otter creek opposite the house of James A. Withers, and running thence to the spring on J. C. Lawson's farm; thence to the southeast corner of Salem College lawn; thence to a large poplar in Dr. H. K. Pusey's field; thence to Otter creek at the head of Sterett's mill-pond; thence with the creek, including the stream, to the beginning, containing about one hundred and fifty acres. § 2. That a copy of said boundary be kept by the trustees of said town, subject to inspection at all times by the citizens of said town, and that the said trustees cause another copy to be filed in office of the county court of said county. §3. That F. K. Summers, Joseph W. Buckler, W. A. First trustees Hutchins, and Jos. B. Daugherty, are hereby appointed trustees of said town, and shall hold their office until the first Monday in August, 1874, at which time, and annually thereafter, there shall be elected by the qualified voters of the town three trustees to serve for one year, and until their successors are duly elected and qualified. § 4. That all citizens living in the town who are qualQualification of ified to vote and hold office under the Constitution and laws of Kentucky are entitled to vote and hold office in said town. voters. marshal to elected. be § 5. A police judge and town marshal shall be elected Police judge and by the qualified voters of said town, on the first Saturday in April next, who shall hold their office until the next regular election of county judge and sheriff of said county, at which time the said officers shall be elected for the same term as the aforesaid county officers. sworn and bond of marshal. § 6. Said officers, including the trustees, shall, before Officers to be they enter upon the duties of their office, take the oath prescribed by law; and the marshal shall execute bond in the county court, with approved security, conditioned for the faithful discharge of his duty. police judge and marshal. § 7. Said police judge shall have concurrent jurisdicJurisdiction of tion with justices of the peace in the Garnettsville voting precinct in all criminal and penal cases; and to charge the same fees for services as justices of the peace are allowed to charge. The marshal shall have concurrent jurisdiction with constables of Meade county, and charge the same fees for their services. pass by-laws. § 8. The trustees are empowered to pass such by-laws Trustees may and enact such regulations as may be necessary for the good government and well-being of said town, not in contravention with the Constitution and laws of Commonwealth, and to fill any vacancy in any office created by this act that may occur. 1874. Trustees to levy tax to pay ex of officers. § 9. Said trustees shall have power to levy a tax on all persons living in said town, or owning property in the corporate limits, not exceeding fifty cents on the one hundred dollars' worth of property ad valorem; also the penses & salaries power to impose a poll tax of not over two dollars on each male citizen over the age of twenty-one years; all to be applied to meet the expenses incident to incorporation, such as payment of salary of marshal, street repairs, &c. And all fines and forfeitures are to be applied by the trustees in such manner as will be beneficial to the town. § 10. The board of trustees shall consist of three, one of the members acting as chairman and one as clerk; and they shall keep a record of their proceedings, and such proceedings shall be subject to the inspection of the citizens at any time; and all by-laws or ordinances passed by the trustees shall be posted up by them in not less than three public places in said town, and not less than ten days before the same shall take effect. Board to consist of three trustees, record of and proceedings to be kept. Trustees to pur compensation to keeper. 11. The trustees shall have power to procure, by purchase, ground for chase or otherwise, a lot of ground on which to build a guard-house, and guard-house, and to build said house by subscription or otherwise, for the keeping of prisoners, under the same rules and regulations as govern the, county jail; said guard-house to be kept by the marshal, who shall have all the privileges and compensation allowed the keeper of the Meade county jail for like services. sale of liquors, §12. That the trustees of said town shall have power fee-house license, May grant cofand authority to grant one or more coffee-house license and regulate the in said town to bona fide keepers thereof, which license &c. shall be signed by the chairman of the board of trustees, and shall run for one year; but before any such license shall be granted the applicant for the same shall pay the clerk of Meade county court the State tax thereon, and shall execute bond in said court, as now provided by law, and shall produce to the trustees the receipt thereof; such license shall not exceed one hundred dollars. The parties selling liquors under these license are required to keep an orderly house. And the trustees hold the power to revoke the license when, in their judgment, it is necessary for the peace and order of the town. §13. This act shall take effect from and after its pas sage. Approved February 12, 1874. LOC. L.-20 1874. CHAPTER 269. AN ACT to prohibit the sale of spirituous, vinous, or malt liquors within one and one half miles of S. J. Henry's store, in what is now known as Lewisburg, in Logan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful for the county judge of Logan county to grant a license to any person or persons to sell, by wholesale or retail, any spirituous, vinous, or malt liquors, or any mixture thereof, within one and one half miles of S. J. Henry's store, in what is now known as the town of Lewisburg, in said county. §2. Any person violating this act shall be deemed guilty of keeping a tippling-house, and shall be punished as now provided by law for said offense: Provided, That bona fide keepers and vendors of drugs may sell such liquors upon the written prescription of a practicing physician. §3. This act shall not be so construed as to interfere with any license to sell such liquors now held by any one. § 4. This act shall be in force from its passage. Approved February 12, 1874. CHAPTER 270. AN ACT to amend the charter of the Springfield, Pleasant Run, and Mackville Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the judge of the Washington county court. and the justices of the peace of said county, or a majority thereof, shall, by order of said court, at any regular term thereof, after the passage of this act, locate and fix the route over that portion of the Springfield, Pleasant Run, and Mackville Turnpike Road, lying between Pleas ant Run and Mackville. § 2. This act shall be in force from its passage. Approved February 12, 1874. CHAPTER 271. AN ACT to amend chapter twenty-eight, article five, of the General Stat utes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That chapter twenty-eight, article five, of the General Statutes, be so amended as to provide that the June |