and collectable in such manner, as they may see proper, not inconsistent with the Constitution and laws of this State: Provided, The mayor and council of the city of Owensboro may, if they deem best, within five years from the date of said subscription, pay the same; and for this purpose may levy and collect an annual tax, as provided by this act, sufficient to pay one fifth of said subscription annually, and shall be entitled to a certificate of stock in said company for the amount thus paid; and on the full payment of the said subscription shall be entitled to stock in said company for the full amount subscribed and paid in; but in no event shall such subscription be made or bonds issued unless a majority of all the legal voters in said city of Owensboro vote therefor, and said road completed by the most direct and available route from Vincennes, in the State of Indiana, to a point opposite Owensboro, Kentucky, on the Ohio river. Approved February 23, 1874. 1874. CHAPTER 590. AN ACT to amend the charter of the city of Mayfield. Be it enacted by the General Assembly of the Commonwealth of Kentucky: May subscribe stock in Cairo & § 1. That the city council of the city of Mayfield be, and it is hereby, authorized to subscribe in the name of Tennessee Railsaid city to the capital stock of the Cairo and Tennessee River Railroad Company as much as fifty thousand dol lars. §2. That in order to pay said subscription said city council is authorized to issue the bonds of said city to said Cairo and Tennessee River Railroad Company, payable at such times and installments as said city council may determine, payable within thirty years from their date, bearing interest at seven per cent. per annum, payable annually by coupon certificates. road. Issue bonds to pay stock. Stock may be pledged for pay ◊ 3. That said stock in said railroad company shall be held by the city of Mayfield, and pledged for the redemp- ment of bonds." tion of the principal of said bonds: Provided, That any portion of said stock may be sold at any time for such price as the city council may cause it to accept, and the proceeds of said sale to be applied towards the payment and extinguishment of the principal of said bonds. interest on bonds § 4. That it shall be the duty of the city council in Tax levied to pay each year, at the same time at which the annual levy is made for other purposes, to levy an ad valorem tax upon he property, real and personal, except choses in action, nd evidences of debt by notes and accounts, of the prop 1874. creased, if neces erty-holders of said city, upon which other taxes are levied for city purposes, for a sum sufficient to pay the interest upon said bonds, and cause the same to be collected by its tax collectors; and said city council shall, prior to the maturity of said bonds, at the period of making their annual assessments, increase the amount of said special tax sufficient to provide a sinking fund to pay off and extinguish the principal of said bonds at maturity. § 5. To enable the said city council to amply provide Taxes may be in the payment of the principal and interest of said bonds, sary, to pay bonds they are hereby empowered to increase the annual assessments now authorized by the charter of said city of Mayfield an amount not exceeding five dollars on each one thousand dollars' worth of taxable estate in said city, exclusive of the exceptions in the fourth section of this act. ment of bonds. § 6. The said city council shall not issue the bonds Terms of pay herein provided for until the said Cairo and Tennessee River Railroad Company shall have finished the construction of their railroad on one end of its line to within one mile of the said city of Mayfield. When terms of sixthsection com plied with by compel payment of stock. § 7. If, after the provisions of (6) sixth section of this act are complied with upon the part of the said Cairo and Tennessee River Railroad Company, the said city railroad, may council shall fail or refuse to perform any of the duties enjoined upon it by the provisions of this act, it shall be subject to mandamus or other appropriate remedy at the instance, if for a failure to issue said bonds, of the president of said railroad, if for failure to perform any of the other duties enjoined by this act, at the instance of any holder or holders of any of said bonds, instituted in the Graves circuit court, to compel a performance thereof. An application for a writ of mandamus, by virtue of this act, shall be by motion in said circuit court, upon a notice of ter days, in writing, of such motion, to the presiding officer of said city council s'gned. 8. The said bonds shall be signed by the treasurer of Bonds, how said city and countersigned by the presiding officer of said city council. May subscribe to other railroad on Tennessee Rail $9. If the said Cairo and Tennessee River Railroad Company should fail or refuse to accept the stock herein failure of Cairo & provided for them, the said city council may subscribe the road to accept the same to any other railroad company under the same restriction as herein provided for the said Cairo and Tennessee River Railroad Company. stock. Terms on which bonds to issue. § 10. All acts and parts of acts in conflict with this act are hereby repealed. § 11. Before the bonds herein provided for shall be issued on the stock subscribed, the said city council open a poll at the mayor's office, in said city, and take the sense of the qualified voters in the limits of said city owning property proposed to be taxed by this act. Said election shall be held on the first Saturday in May, 1874; and if a majority of the voters in said city, to be ascer-. tained by the assessor's report last preceding the election, are in favor of subscribing the stock, as herein provided for them, the said city council shall proceed to make said subscription of stock to the said Cairo and Tennessee Company. § 12. This act shall take effect from and after its pas sage. 1874. Approved February 23, 1874. CHAPTER 591. AN ACT to incorporate the town of Russell, in Greenup county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: fixed. § 1. That the town of Russell, in Greenup county, be, Corporate limits and the same is hereby, incorporated. The corporate limits shall be as follows, viz: Beginning on the Ohio river at the mouth of a creek, at lower end of Carner's Grove; thence south sixty-two degrees west to the top of the ridge of the river hill; thence in a southern direction along the top of said ridge and down the hill to Bear Run; thence down the meanderings of same to the Ohio river; thence down the Ohio river to the place of beginning. §2. That H. D. McKnight, Patrick McNichols, Hugh B. McCurdy, Charles McKnight, George Hany, F. A. Long, be, and are hereby, appointed trustees of said town, and shall hold their office until the first Monday in April, 1875, and until their successors are elected and qualified; and annually on the first Monday in April, in each year thereafter, there shall be an election of three (3) trustees; of the six (6) first elected three (3) shall hold their offices for two (2) years; and it shall be determined by lot who shall hold for two (2) years, and the result entered on the minutes of the board of directors. Ten days' notice, in writing, of the time and place of each election, must be set up by the clerk of the board at five (5) of the most public places in the town. If two (2) or more persons shall receive an equal number of votes, the clerk shall decide who is elected. No person shall be eligible to the office of trustee who is not a citizen of the town, and a qualified elector of this Commonwealth. No person shall vote at an election of trustee who has not resided in the town where the election is held sixty (60) days next pre Trustees created. to take place, and election for sam time. 1874. eral government to be adopted. ceding the same, and who is not a citizen of the State. The trustees shall appoint two (2) discreet persons, citizens of the town and qualified voters, to act as judges of the election. The clerk of the board shall be clerk of the election; but if, from any cause, he should fail to attend, the judges of the election may appoint a clerk of the election. The judges and clerk shall be sworn before proceeding with the election faithfully to discharge their duties, and shall make report of the result of the election to the clerk of the county court, and also to the trustees. If, from any cause, no election is held at the time prescribed, the county court of the county shall appoint five (5) trustees for such town, to act until the next stated election. Trustees shall enter upon the duties of their offices on the Monday next succeeding their election or appointment, and continue in office until their successors are qualified. A trustee appointed to fill a vacancy shall enter upon the duties of his office immediately after he has qualified as such. Every trustee, and clerk of the board of trustees, shall, before he enters upon the duties of his office, take the oaths prescribed by law. §3. The trustees may make such rules and regulations By-laws for gen- for the government of the town, not inconsistent with the laws and Constitution, as they may deem necessary and proper; they may fill vacancies in their board until the next stated election; they must cause the streets of the town to be kept clean and in good order; they may levy an annual tax on the males over twenty-one (21) years of age residing in the town, not exceeding one dollar upon the head; and may levy an ad valorem tax on the real estate in the town of not exceeding thirty (30) cents on the one hundred dollars: Provided, That all farming lands held and used as such shall be held for taxation at such rates as the trustees may fix upon said land; they may appoint a clerk, assessor, town warden, collector, and treasurer, and take from the two latter bond and good security for the faithful performance of their duties. Four trustees may constitute a board to do business. ground for cemetery. §4. The trustees shall be a body-corporate; and by the name of the trustees of the town of Russell may sue and be sued; and may appoint all necessary agents and attor neys in that behalf; they may elect one of their body chairman of the board. § 5. They shall have power to purchase, take, and hold May purchase the title to not exceeding forty acres of land in or near the town for a public cemetery; they shall have the power to improve such ground, and appoint a keeper thereof; to sell small parcels of the ground to individuals for the purpose of interment; to receive and collect subscriptions to aid in purchasing, improving, and taking care of and re 1874. pairing such ground. § 6. They shall have the power to tax any show or ex- Shows to be a red hibitions, and bowling alleys, within the town, or within quarter of a mile of the limits thereof, to the same amount as they may be taxed by the State. to be licensed. § 7. No stallion or jackass shall stand w thin the bounds tris, jacks, &c., of the town without first being authorized so to do by a license from the trustees thereof, designating the place at which he is to stand. For a violation of this section, the keeper and owner of such animal shall be jointly and severally liable to a fine of five (5) dollars for each day, to be recovered by warrant in behalf of the trustees of the town. Journal of proceedings § 8. The board of trustees shall keep a journal of their proceedings; and at the request of a member, the ayes kept. and noes on any question shall be recorded. At the next meeting the proceedings shall be read, and signed by the member who presided at the last preceding meeting; if he is not present, by the person presiding when they are read. No member shall have a vote on a subject in which he has a private interest. A meeting of the board may be called by the chairman, or by two (2) members. They shall keep an account of all moneys levied, collected, and disbursed, and keep an accurate account thereof for what objects each sum is disbursed. Their books shall be at all times open to the inspection of the citizens of the town. § 9. They shall, once in each year, give a full and fair statement, in writing, signed by the chairman, of all sums collected, and all sums disbursed the preceding year, and what for; and of all debts due them, or owing by them, which shall be posted up for inspection at three (3) of the most public places in the town. § 10. That the trustees shall have full power and authority to cause any or all of the streets, alleys, and lanes in said town to be improved or repaired, in whole or in part, in any manner they may deem advisable, at the expense and cost of the owners of the property fronting the same. Said trustees shall have full power and authority to cause and procure any or all of the streets, alleys, and lanes in said town, in whole or in part, to be graded, culverted, or otherwise drained, paved entirely across the street, or the paved and curbed a portion of the distance across the street, and macadamized the balance of the distance between the paved portion, or, after grading, to put upon the same either any or all of said kinds of improvements, and to underlay either any or all of the said kinds of improvements, after the grading, with gravel or sand, or both, and to spread upon the top of either any or all of the said kind of improvements to be Money collected and paid out how kept. Streets and alleys repaired. to be improved & |