1874. When wharf master to be elected, term of office, and qualifications. give bond. Powers & duties, Wharf-Master. § 35. The city wharf-master shall be elected by the qualified voters of said city at the same time, in the same manner, and for the same term, shall possess the same qualifications, and be subject to the same restrictions, as the city market-master; and shall take such oath, To take oath and and execute such bond, as shall be prescribed and approved by the board of councilmen. He shall have and exercise a general supervision over the wharves and landing-places within the limits of said city, and shall strictly enforce all laws, ordinances, rules and regulations, relating thereto. He shall have power, and it is hereby made his duty, to cause all steam and other boats, barges, rafts, and other water craft, coming to or lying at said wharves, &c., to moor to, and harbor thereat, in such manner as shall be deemed best calculated to secure the rights, and the greatest safety and advantages and least inconvenience to all parties concerned; and for this purpose he may order and cause to be removed from one point to another of said wharves such boats, &c., as may be lying there for harbor, to make room for boats, &c., with cargoes, or rafts to unload, or boats, &c., coming to said wharves, &c., to take on cargoes at some particular convenient point thereof, the rights of all parties concerned being sacredly observed. He shall demand and collect from all owners, or the persons having charge of said steamboats, barges, rafts,, or other water-craft, such rates of wharfage as shall be established by ordinance, a schedule of which rates shall be furnished said wharf-master, and whenever required, he shall exhibit said schedule to any person concerned. He is hereby vested with full power, at all times, when the same is not promptly paid on demand, to levy and distrain for any wharfage due the city, and for his costs, upon the boat or craft from which wharfage is due and payable, or upon any part of the tackle or appurtenances thereof, or any property of the person from which such wharfage is due, and to advertise and sell the same, as in case of an execution of fi. fa., and the board of councilmen shall have power to fix the costs chargeable in such cases. He shall, in a book provided for that purpose, keep a correct account of all money received by him for wharfage, showing the date, amount, and the name of the person or boat, &c., from whom received; and, on the first Monday in each and every month, pay over to the city treasurer all money so received by him during the preceding month, taking his receipt therefor; and he shall, at the first regular meeting of said board in January of each year, render a detailed and classified report of the receipts of wharfage 1874. by him during the preceding year. He shall be, and he is hereby, vested with the power and authority of a police officer, and he shall arrest, or cause to be arrested, all persons violating any of the ordinances, rules and regulations, relating to said wharves, &c.; and shall perform such other duties, not inconsistent herewith, as may be prescribed by ordinance; and he shall receive such com- Compensation. pensation for his services as said board may ordain. Jailer. When jailer to be elected, term Power & duties. 36. The city jailer shall be elected by the qualified voters of said city at the same time, in the same manner, of office, and and for the same term, shall have and possess like qual- qualifications. ifications, and be subject to like restrictions, as the marketmaster, and shall take such oath and execute such bond To take oath and as may be prescribed by ordinance. He shall have charge give bond. and control of the jail in said city, and shall be responsible for the safe-keeping of such persons as shall be committed to his charge, and for the proper management and sanitary condition of said jail. He shall register in a book provided for that purpose the name, age, and sex of each person committed, the date, crime, by whom, and for what length of time, the date of and manner of their discharge. Ile shall cause all persons confined in said jail to rise in the mornings, put their cells in order, and wash themselves, and abide by such rules as may be prescribed by ordinance, and shall promptly report any violations thereof. He shall keep the males and females separate and apart, and shall in like manner make a proper distinction thereof as to age and crime. He shall at all times, except when prescribed by the physician, prohibit the use of ardent or spirituous liquors by said inmates, and shall prevent all gaming or card-playing in said jail. He shall be, and he is hereby, vested with the powers and authority of a police officer, and may arrest any person loitering around said jail, or in any manner aiding or abetting in the violation of the aforesaid rules and regulations. He shall exercise a strict and vigilant guard over said jail and all persons placed in his custody, shall frequently inspect and examine the same; and he shall each day, previous to retiring, visit each cell and see that the same is properly secured, and shall safely and securely keep all persons committed to his charge, subject only to the orders of the proper tribunal; and he shall perform such other duties, not inconsistent herewith, as may be prescribed by ordinance, and shall receive such compensation for his services as the board of councilinen Compensation. may ordain. 1874. provisions shall take effect. Conflicting Laws. § 37. All laws and parts of laws having special application to the city of Newport, in so far as the same are in conflict with this charter, are hereby repealed. § 38. The several sections of this act providing for the When the several election of judge of the city court and city marshal, and for the city officers and members of the council and of the board of education, in so far as they provide for such elections, and the qualifications and duties of the several officers, shall take effect after the first day of August next; and the section providing for the control and operation of the Newport water-works shall take effect from and after the passage of this act; and the changes provided in the mayor's court shall take effect after the judge of the city court, elected in August, eighteen hundred and seventy-four, shall be commissioned. The officers to he elected on the first Monday in March next, to fill terms then expiring, shall hold their offices until the first Monday in January, eighteen hundred and seventy-five, when this charter shall be in full force. The president of the city council elected in March, eighteen hundred and seventy-four, shall be president ex-officio of the board of trustees of the Newport water-works; and after the qual ification of city judge, said president of the council shall exercise all the executive, ministerial, and other duties now or in this act required of the mayor until the new mayor provided for in this act shall be qualified. Approved February 17, 1874. CHAPTER 307. AN ACT to authorize the city of Newport to increase her bonded indebtedness in aid of water-works. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the city of Newport, in Campbell county, is hereby authorized to issue her bonds, not exceeding one hundred thousand dollars in all, payable in twenty years from date, bearing seven and three tenths per cent. interest, payable semi-annually, the proceeds whereof to be applied exclusively to the payment of the accruing interest on her water-works bonds. Said bonds and interest thereon shall be payable at the Bank of America in New York city; and the holders thereof shall have a lien upon said water-works, and the entire taxable property of the said city of Newport, for the payment thereof; but it shall not be lawful for said city to issue more than one third of said amount of bonds in any one year, to-wit in this and the two succeeding years: And 1874. § 2. This act, under the above mentioned proviso, shall take effect from and after its passage. Approved February 16, 1874.. CHAPTER 308. AN ACT to amend an act to reduce into one, amend, and digest the acts and amendatory acts incorporating the town of North Middleton, in Bourbon county, approved March 28th, 1872. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of section six of the act described above as requires that a trustee of said town shall possess a property qualification for office, viz: "be the owner in fee-simple of real estate in said town," is hereby repealed. § 2. And whereas, it is represented that it will be better for the peace and morals of said North Middleton that the jurisdiction of the police judge of said town shall extend over and embrace the selling of malt, vinous, or spirituous liquors sold within one mile of the present boundary of said town; it is therefore hereafter made unlawful for any person to sell malt, vinous, or spirituous liquors within one mile of the present limits of said town, unless said person has first obtained license as may be required by the charter and ordinances of said town. Trustees to con trol selling of town and one mile of limits. §3. The chairman and board of trustees of said town shall have the exclusive power to regulate the sale of liquors in said malt, vinous, or spirituous liquors within the limits of said town, and within one mile of the present boundary of said town. They may issue license to any person for that purpose, the license fee per annum to be paid by a tavern-keeper not to exceed one hundred dollars; by a coffee-house keeper not to exceed one hundred dollars; the license fee for a merchant to sell malt, vinous, or spirituous liquors for the period of one year shall not exceed fifty dollars. The penalties against selling malt, vinous, or spirituous liquors, without license, shall not exceed one hundred dollars for any one offense. 1874. Police court and its jurisdiction & powers. judge to be elected & term of office. §4. There is hereby established in the town of North Middleton a court, to be called the police court of North Middleton, with original jurisdiction in all civil causes, and full power to hear, determine, and act as is now granted by law to justices of the peace for Bourbon county. Said court shall have exclusive jurisdiction for all violations or infractions of the ordinances of said town; and as such, shall have full power to hear and determine all cases that may come before said court, within the jurisdiction of said court. In case any person fined in said court shall refuse or fail to pay any fine assessed against said person for violation of the ordinances of said town, said person may, by judgment of the court, be imprisoned in the county jail or compelled to work upon the streets of said town until the same is paid, at the rate of two dollars per day. 5. The judge of said court shall be elected by the When police qualified voters of said town on the fourth Saturday in February, 1874, to hold his office until his successor is duly elected in August, 1874. In August, 1874, the judge of said court shall be elected, to hold his office until his successor is elected and qualified, as required by the Constitution of the State and the General Statutes. §6. The marshal of said town shall be elected on the Marshal-when first Monday in August, 1874, and every two years there elected and term of office. jurisdiction of after, as is now provided by the Constitution of the State. The board of trustees shall have the power to fill any vacancy that may occur in the office until the regular election in August, 1874. ́ 7. So much of section nine of the act referred to in Civil & criminal the title to this act as gives civil and criminal jurisdicchairman board tion to the chairman of board of trustees is hereby repealed, to take effect the first day of March, 1874. of trustees abolished. qualifications of marshal. § 8. The marshal of North Middleton shall have the Powers and power to make arrests and serve any civil process as now provided by the General Statutes; he shall be a citizen of Bourbon county, and reside within the limits or within two miles of the limits of said town. Liquor license only to issue after State license has been obtained, § 9. No license to conduct any business shall be issued by the board of trustees of said town, or by any of its officers, unless the person to whom the license is issued shall have first produced and exhibited the county or State license, if any may be required by the General Statutes of the State. 10. This act shall take effect from and after its passage. Approved February 16, 1874. |