CHAPTER 324. AN ACT to amend an act, entitled "An act to reduce into one all acts in relation to Barbourville." Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1874. coffee-house cense. li § 1. That an act, approved February 2, 1871, entitled Trustees may fix "An act to reduce into one all the acts concerning the town of Barbourville," be amended viz: The trustees shall have power to fix the tax for coffee-house license, or any other license to sell liquors, at any sum in their discretion, not less than ($100) one hundred dollars, and not to exceed five hundred dollars ($500). 2. It shall be the duty of the trustees of said town to revoke the license of any coffee-house or saloon-keeper upon the affidavits of two responsible witnesses showing that said grocery, saloon, or coffee-house keeper has permitted any game of chance, for profit or for amusement, to be played in his grocery, saloon, or coffee-house, or has sold or given liquor of any sort to a minor, or permitted it to be old or given in his house to such minor; and in addition thereto, to the said liquor dealer shall be responsible for any damage that may accrue to any person by reason of such sale of whisky, to be recovered by suit or warrant in any court of competent jurisdiction in this Commonwealth at the suit of the Commonwealth, and for the benefit of the party aggrieved. License to be revoked where gambling is alto minor. lowed or liquor Liquor dealer to be responsible for action. damages in civil No liquor dealer tee. § 3. No person shall be eligible to the position of trustee who is at the time a vendor of ardent spirits; and if eligible for trusone of the trustees should, after his election, become a vendor of ardent spirits, his office shall become vacated, and it will be the duty of the trustees to fill the position as in other cases of vacancy. When election of town officers to be § 4. The election for trustees, police judge, and marshal shall be held on the third Saturday in February in held. each year, instead of the first Saturday in January as now required by law. Trustees to order election for of ficers. 5. And whereas, on the first Saturday of January, 1874, an election was attempted to be held for police judge, town marshal, and a board of five trustees; but said election not being held as provided by said act, therefore, be it enacted by the General Assembly of the Commonwealth of Kentucky, that on the first Saturday in February, 1874, the body now known as the trustees of said town shall, in manner and form as provided in said act, cause to be held an election for town marshal and five trustees, which election shall, in all respects, conform to said act; and said election shall, to all intents and purposes, be as legal as if held by a legal board at the time designated by said act. A police judge for said town elected. When police judge to be 1874. shall be elected on the first Monday in August, 1874, by the qualified voters thereof. § 6. This act shall take effect from its passage. Approved February 19, 1874. CHAPTER 326. AN ACT for the benefit of John P. Barrett, late sheriff of Ohio county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John P. Barrett, late sheriff of Ohio county, have the further time of two years from the first day of April, 1874, to collect any uncollected fee bills and any uncollected taxes due him, and which he has in any wise accounted for and paid; and said Barrett, or any one of his late deputies, shall have the same power, for said time of two years from April 1st, 1874, to distrain, levy, and sell, in the collection of any of the said fee bills and taxes due him and remaining in his hands uncollected, that sheriff's now have for the collection of fee bills and taxes; but the said Barrett and his sureties on his official bonds shall be responsible to any one injured by an illegal seizure or proceeding under the privileges of this act; and the said John P. Barrett shall be subject to all the penalties now in force by law for issuing or collecting illegal fee bills. § 2. This act to be in force from and after its passage. Approved February 17, 1874. CHAPTER 327. AN ACT to amend an act, entitled "An act to protect the owners of land, and to prevent certain trespasses in Logan and Todd counties," approved March 20, 1872. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section one of an act, entitled "An act to protect the owners of land, and to punish certain trespasses in Logan and Todd counties," approved March 20th, 1872, be, and the same is hereby, amended by inserting after the wordfish," in line four of said section, the words "or for any other purpose not legitimate," and before the word " or" in the same line. § 2. This act shall be in force from its passage. Approved February 17, 1874. CHAPTER 328. AN ACT for the benefit of L. P. Linley, late sheriff of McLean county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That L. P. Linley, former sheriff of McLean county, be, and he is hereby, allowed the further time of two years, from and after the passage of this act, to collect and distrain for all taxes, both revenue and railroad, and fee bills due him; and shall be entitled to all the rights and privileges which were allowed him by law in collecting said taxes at the time same were due: Provided, however, Said sheriff shall be subject to all the pains and penalties now provided and imposed by law from issuing, distraining for, and collecting illegal taxes and fee bills. § 2. This act to take effect from and after its passage. Approved February 17, 1874. 1874. CHAPTER 329. AN ACT to amend an act, entitled "An act to amend the charter of the town of Hartford." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the fourth section of the act to which this is an amendment be so amended that the town marshal of the town of Hartford shall be, ex-officio, collector of all taxes levied by the trustees of said town; and he is hereby vested with the same power to distrain, levy, and sell property for all taxes due and to become due the said town of Hartford, that sheriff's have under the revenue laws of this Commonwealth. § 2. Said marshal shall receive for his services the same commission that sheriffs now receive for the collection of the revenue; and shall be liable on his official bond for all taxes listed for collection in the same manner that sheriff's are liable under the laws of the State; and suit on his bond may be instituted, in the name of "The Trustees of the Town of Hartford," in any court having jurisdiction. § 3. This act shall be in force from and after its pas sage. Approved February 17, 1874. 1874. CHAPTER 330. Ad valorem and ized, and mode poll tax author of collecting. Tax a fund to pay debt to bridge company, and to construct bridges. County judge and justices to levy tax and to borrow money and issue bonds. AN ACT authorizing the Owen county court to levy a tax and issue bonds for bridge purposes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the county court of Owen county, a majority of the justices in commission concurring, shall have power to levy and collect an ad valorem tax on all the real and personal property of the county subject to State tax, not exceeding ten cents on the hundred dollars' worth in any one year, and a poll-tax not exceeding three ($3) dollars on each tithe in said county. Said ad valorem and poll-tax shall be collected by the sheriff of Owen county in the same manner, and at the same time, that the revenue tax is collected; and he shall be liable on his bond as sheriff for the faithful collection and disbursement of the money. § 2. Said tax, when collected, shall constitute a fund to pay off the debt of the county, incurred by her subscription to the Eagle, Owen, and Carroll Bridge Company; also to construct bridges across Eagle creek at Sparta, Glencoe, and at Lee's old mills. 3. The presiding judge of said county may, at the February or March term of the Owen county court, cause the justices of said county to meet for the purpose of levying the tax herein specified for the year 1874. Said tax shall be imposed for subsequent years by the justices at the court of claims for said county; and the said county court is hereby authorized to borrow a sufficient amount of money to pay said indebtedness and appropriations, and issue bonds, not to exceed fifteen thousand dollars, bearing not exceeding ten per cent. interest per annum from date, and redeemable in one or five years, at the option of the county court. § 4. The power herein vested in the county court shall Powers delegated cease so soon as the object specified in section first of this act shall have been accomplished. to cease when ob ject specified attained. § 5. This act shall be in force from its passage. Approved February 17, 1874. CHAPTER 331. AN ACT for the benefit of John Wallace, clerk of the Boone circuit court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the further time of two years, from the date of this act, be granted to John Wallace, clerk of the Boone circuit court, for the collection of fee bills, and that during the said two years he shall have power to distrain for the 1874. collection of the same: Provided, however, That he shall not be relieved from the pains and penalties attached to the collection of fee bills as provided in the General Stat utes. § 2. This act to be in effect from its passage. Approved February 17, 1874. CHAPTER 382. AN ACT for the benefit of Wiley J. Coffee and his sureties. WHEREAS, It is represented to this General Assembly that at the February term, 1864, of the Franklin circuit court, judgment was rendered against Wiley J. Coffee, and his sureties in his official bond, for the revenue due from Magoffin county for the year 1863, with damages and interest thereon; no execution ever being placed in the hands of a collecting officer to enforce the collection of said judgment, nor no execution having issued on the said judgment since the year 1867, and the full balance of said revenue being paid up on the 18th day of February, 1867. It is further represented to this General Assembly that since the rendition of said judgment the said Wiley J. Coffee and all his said sureties have become hopelessly insolvent, except two; and if collection of said damages and interest is enforced, the two solvent sureties will have the whole burden to bear and be left without remedy against said Coffee or their co-sureties, or any one; and whereas, doubts exist as to whether limitation has run against the collection of said damages and interest or not; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: Interest and damages re § 1. That the damages and interest on the judgment rendered by the Franklin circuit court, at its February leased. term, 1864, against Wiley J. Coffee and his sureties on his official bond, for the revenue due from Magoffin county for the year 1863, be, and the same is hereby, forever remitted and released; and the said Wiley J. Coffee and his sureties aforesaid are hereby released from the payment of said damages and interest, and the Auditor of Public Accounts is hereby directed to enter in the proper books of his office full satisfaction of the same § 2. This act shall take effect from and after its pas sage. Approved February 17, 1874. |