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1874.

Election, when and how held.

Vacancies-how

filled.

§ 6. An election for five directors of said company shall be held by the stockholders thereof on the 10th day of February, 1875, and on the 10th day of February in each year thereafter; and it shall be the duty of the secretary of the company to give notice of such election, at least ten days before it occurs, by publication in one or more newspapers published in the city of Bowling Green; and in the event no paper should be published in said city at that time, said notice shall be given by the secretary mailing a copy thereof to each stockholder at least ten days prior to said election.

§. 7. Should a vacancy occur in the directory of said company, the board shall fill the same by election until the next regular election by the stockholders.

§ 8. No person shall be eligible to the office of director Qualifications of of said company unless he shall own and be possessed of at least two shares of stock in said company.

officers.

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

sage.

Approved February 23, 1874.

may appoint a deputy.

CHAPTER 538.

AN ACT to amend the charter of the city of Bowling Green.

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

§1. That the clerk of the Bowling Green police court Clerk police court shall have the power to appoint a deputy clerk, who, when he has taken the oath required by law, shall have all the power and authority now conferred by law upon the clerk of said court; and said clerk shall be liable on his official bond for all the acts performed by said deputy by virtue of said appointment.

Collector to have

one year's further

time to wind up

affairs.

Collector may

§ 2. The collector of said city shall have one year after the expiration of the term of his office in which to wind up the affairs of his office, collecting taxes, street and other claims, placed in his hands for collection. The provisions of this section shall not be so construed as to extend the time in which the collector is required by the charter and ordinances of the city to settle and account for taxes and other claims that may be due the city.

3. The collector shall have the power, on and after the first day of October in each year, to sell the real sell real and per- estate of any tax-payer for unpaid taxes that may be due the city for poll-tax, upon choses in action, upon personalty of any kind, or upon real estate: Provided, Said sales are conducted in the manner provided by ordinance.

sonal property to pay taxes.

1874.

Collector may

garnisheeing.

4. He shall have the same power to collect taxes by arnishment as is now given to sheriffs of this Commonrealth by the provisions of sections one, two, three, and pur, of article nine, of chapter ninety-two, of the Gen- collect taxes by ral Statutes. The notice prescribed by section one as foresaid may summon the person owing the tax or taxes efore any justice of the peace for the Bowling Green istrict, or before the Bowling Green police court; and aid courts shall have the same power to hear and fully etermine any garnishment for taxes due the city as the ounty court now has to hear and determine such cases or taxes due the Commonwealth.

Collector may sell real estate to

claims.

§ 5. Section thirteen of an act, entitled "An act to mend and reduce into one all the acts concerning the pay improvement own of Bowling Green," approved March 5, 1856, is ereby so amended as to give the power and authority to he collector to sell any real estate upon which a claim ay be due the city for grading, paving, curbing, or reairs made upon same or adjacent thereto, at any time fter the same is past due thirty days, and has been listed with the collector; but said collector shall give the same otice and advertisement that may be required by the harter and ordinances of the city before selling real state for taxes.

§ 6. Service of notice of tax due upon property of a Service of notice. on-resident, or any process required by the charter and rdinances of the city to be given a non-resident for taxes r other claims due the city, may be made by sending rough the post-office such notice or process, directed to he last known place of business or residence of the nonesident, or by notice upon his agent or attorney.

Right of appeal in city cases

lie.

7. The city shall have the right of appeal from the dgment of the Bowling Green police court to the circuit where same shall ourt of Warren county in all cases where the judgment f said court is upon the trial of any case when the ne liable to be imposed may be five dollars or more: 'rovided, however, The appeal shall be taken only when ome legal or constitutional question may be decided gainst the city.

Collector may sell property so

tax is given.

8. The collector of the city shall have full power, as ow given by law, to distraining and selling property for soon as notice of ity taxes, immediately upon his advertisement, by printed irculars or notice in the city papers that the tax list is in is hands and ready for collection.

Civil terms of

police court and

§ 9. The judge of the Bowling Green police court shall old a term of his court, for the trial of civil causes and pro- its jurisdiction. eeding, on the second Tuesday in each month during the ear, except in the months of February and August; and e jurisdiction of his court shall extend to and embrace ivil actions and proceedings, when the amount in con

1874.

troversy does not exceed, exclusive of interest and cost. sum of one hundred dollars. Before any summons issued, the plaintiff shall file, as now required by sec 827 of the Civil Code, the account or written contract. statement of the facts on which the actions or procee ing is founded; and appeals may be taken by either pa to the court of common pleas or circuit court, where amount in controversy is of the value of ten dollar more, exclusive of interest and cost. Before a sume shall be issued on a claim exceeding fifty dollars, a tai fifty cents shall be paid to the judge of said court, shall report and account for the same as in case of the paid to him as a justice of the peace.

§ 10. This act shall take effect immediately upon a

passage.

Approved February 23, 197

CHAPTER 539.

AN ACT for the benefit of J. W. Valentine, jailer of Warren COLE.

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

§ 1. That the Auditor of Public Accounts be, and he Allowed $237 60. hereby, directed to draw his warrant on the Treasurert favor of J. W. Valentine, jailer of Warren county, for sum of two hundred and thirty-seven dollars and sy cents, payable out of any money in the Treasury of t State not otherwise appropriated, being compensation said jailer for the custody and dieting three lunatic Amelia Hinton, Sarah Hopper, and Julia Cox. § 2. This act shall take effect from its passage. Approved February 23, 194

changed to

CHAPTER 540.

AN ACT to change the voting place of the Elk Spring precinct, of Wan

county.

§ 1. That the voting place of the Elk Spring precint Voting place in Warren county, is hereby changed to some place w Smith's Grove. in the limits of the town of Smith's Grove, or within half mile of the limits of said town. The house or r when the votes of said precinct shall be received, wit the limits of said town, or within one half mile ther shall be designated by the county court of Warren as place of receiving votes of any precinct is now appoin by law.

2. This act shall take effect from and after its pas

1874.

Approved February 23, 1874.

CHAPTER 542.

ACT supplemental to an act passed at the present session of the Genal Assembly, entitled "An act to incorporate the Chicago and South lantic Railroad Company of Kentucky.'

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

1. That the fiftieth section of an act passed at the sent session of the General Assembly, entitled "An to incorporate the Chicago and South Atlantic Raild Company of the State of Kentucky," be, and the e is hereby, so changed as to strike therefrom the foling words, to-wit: "The mayor and common council general council of any city, and the board of directors any railroad company, may, on behalf of their city or pany, guarantee the payment of the principal and rest of the bonds of said Chicago and South Atlantic Iroad Company of the State of Kentucky."

2. This act shall take effect from and after its pas.

e.

Approved February 23, 1874.

CHAPTER 543.

ACT to amend the charter of the town of West Covington, Kenton

county.

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

1. That the charter of the town of West Covington,
Kenton county, be amended as follows: that when a
jority of persons owning property on any street or
ey, or on any certain length of a street or alley, in
d town, shall petition the trustees of said town to have
Isaid street or alley, or a part thereof, graded, macad-
ized, remacadamized, curbed, or guttered, it shall be
duty of said trustees, by ordinance, to cause the said
provement to be made, at the cost of all the owners of
l estate fronting on the street or alley where the work
all be done. The cost and expenses, when the work is
npleted, shall be apportioned between said real estate
ners in proportion to the number of front feet owned
each person; and a lien is hereby given to said town
all lots or parts of lots fronting on such work.

Upon petition. trustees t order street improvements to be made

1874.

On petition, to to be made.

§ 2. The trustees shall cause sidewalks to be made at the expense of property-owners on any street, when a cause sidewalks majority of said owners of property shall petition for such improvement; and the work shall be done in such masner as the petitioners may require.

May order por proved in each

tion of streets im

year.

Collector may

sell property to

pay cost of im

provement.

made at expense of town.

§3. It is provided that a certain breadth of any street (not less than twelve feet), so ordered to be graded, matadamized, or remacadamized, may be done in any one year, and the balance of the breadth of said street ma be done in one (1) or more succeeding years; and in ne case shall the total assessment or cost of improvement for one (1) year against any person or ground exceed in amount one sixth (1-6) the actual cash value of the ground owned by such person, and subject to said assessment.

§ 4. The cost and expenses of the work, either for grading, macadamizing, or other improvements before mentioned, or for the making of sidewalks, together with the actual cost of collecting the same, may be collected as other taxes, by the town collector, who shall have power to sell lots or parts of lots for the same, under such rules and regulations as may be prescribed by ordinance: Previded, That the owners of lots or parts of lots sold for such work shall have one year from the sale to redeem the property sold, on paying the purchase-money with fifty per centum per annum thereon, with all the taxes and levies that have subsequently accrued: And provided also, That infants shall have the privilege of redemption on like terms at any time within one year after the disability is removed.

§ 5. All surveying and laying off and establishing of All surveys to be grades shall be done at the expense of the town, and all intersections of streets shall be macadamized, guttered. and stepping-stones placed, or cross-walks made, at the expense of the town.

Inhabitants exempted from poll

tax of county.

To maintain

paupers,

§ 6. The inhabitants of this town shall be exempt from county levy (head tax); also the fifty cent poll-tax now paid by the citizens of West Covington.

§ 7. The poor and prisoners to be maintained out of the general fund.

§ 8. The trustees of said town shall be ex-officio over Trustees to be seers of the poor, and shall decide on the legality of all overseers of poor. claims of applicants for relief.

build town hall.

§ 9 That the town trustees have power to levy a tax May levy tax to of twenty-five cents on the one hundred dollars on all real estate in this town subject to taxation, for the purpose of erecting a town hall; that such building shall be of sufficient dimensions for town and school purposes; and that said property be invested in the town: Provided. That said tax shall not continue longer than four years.

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