LOCAL AND PRIVATE ACTS OF THE STATE OF KENTUCKY, PASSED AT THE REGULAR SESSION OF THE DAY OF DECEMBER, 1873. P. H. LESLIE, Governor. JOHN G. CARLISLE, Lieut. Gov'r and Speaker of Senate. CHAPTER 2. AN ACT to authorize the voters of the city of Mayfield to vote upon the proposition as to whether spirituous, malt, or vinous liquors shall be sold within the corporate limits of said city, or within one mile thereof. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1873. fixed. § 1. That on the 22d day of December, 1873, there shall Time of election be submitted to the voters of the city of Mayfield the proposition whether there shall thereafter be sold, as a beverage, in said city, any spirituous, malt, or vinous liquors. §2. The officers holding said election shall open a poll "for," and a poll "against," the sale of such liquors in said city, and shall demand of each voter casting his vote whether he votes for or against said proposition, and so LOC. L.-7 Polls to be opened for and against license, & county court not to issue license if majority vote against it. . 1873. Penalty for sell ing and manner of proceeding for violating same. County court cute, by warrant, record the same. If a majority of said votes be cast against the sale of said liquors, the clerk of said election shall so certify to the judge of the county court of Graves county; and it shall be unlawful for him, and for the city authorities of said city, thereafter to grant license to vend such liquors within the corporate limits of said city, or within one mile thereof, to hotel-keepers, tavern-keepers, merchants, or to any one, except as hereinafter provided; and any such license granted by such county judge or city authorities shall be null and void: Provided, That the provisions of this act shall not apply to licenses heretofore granted until the said licenses shall have expired. § 3. That any one who shall, after said vote has been taken, and the same being against the sale of such liquors, vend, sell, give, or furnish in any way to any one such liquors, he, she, or they so offending shall be fined the sum of one hundred dollars for each offense, to be recovered by warrant in the name of said city of Mayfield, before the judge of said city. The fines so recovered, when collected, shall be paid to the treasurer of said city, and by him held as such treasurer. § 4. That the judge of said city shall have the power, and it is hereby made his duty, to issue his warrant of judge to prose arrest against any person violating any provision of this act, to try the same, to render judgment thereon, and to enforce the collection of same by execution or by capius pro fine, in the name of said city. offenders. committed, &c. 5. The marshal of said city shall have the power, and Duty of marshal it is hereby made his duty, to execute the warrant of arwhen offense is rest issued by said city judge, as herein provided; and also power to collect such fines as may be inflicted under the provisions of this act, upon the process therefor issued by said city judge. Upon the arrest of any person violating the provisions of this act, upon the warrant of arrest, and his failure to give bond for his appearance at the trial, or upon his arrest upon capias pro fine, such officer shall commit the said offender to the custody of the jailer of Graves county, there to remain until the time fixed for his trial, or until the fine inflicted and costs of prosecution are paid in money, or until the fine is satisfied at the rate of two dollars per day by remaining in said jail. Said warrant, execution, and capias pro fine may also be directed to the sheriff or any constable of Graves county; and such officer shall have the same powers in regard to same as are herein conferred upon the marshal of said city. County judge § 6. The judge of the Graves county court, and the and city council Council of said city, shall have the power to grant license to grant license to to such person or persons as are bona fide druggists, and druggists. only to such, to sell spirituous liquors for medical and sacramental purposes, and only for such purposes. 1873. §7. That before said license is granted, the applicant Applicant to take shall take an oath before said county judge that he will not sell, give, or in any way furnish, to any one, such spirituous liquors, except for medical or sacramental purposes; and shall execute bond, with good security, before said county judge, in a penalty to be fixed by said county judge, with the condition that he will sell or furnish such spirituous liquors for medical or sacramental purposes only, and that he will not suffer or permit the same to be drunk as a beverage upon his premises. Upon the violation of his said bond, he shall be fined for each offense the sum of fifty dollars, to be recovered off of him and his surety or sureties, as provided for in sections four and five of this act. § 8. That the person or persons to whom license shall be granted as aforesaid to sell, give, or in any way furnish such liquors, may require of the person or persons applying therefor a certificate, in writing, signed by a practicing physician, that such liquors are necessary for medical purposes: Provided, That the person or persons furnishing such liquors, without such certificate, shall be equally responsible with the person or persons furnished for all fines imposed upon the party or parties furnished, for a misuse of such liquors, and equally bound for all damage done to the person or property of another by the person or persons so furnished while under the intoxicating influence of the liquors so furnished, to be recovered of him and his sureties as provided for in the fourth and fifth sections of this act. §. That any person to whom such license shall be granted, upon the second conviction of the violation of the provisions of this act, shall forfeit such license, which shall then become null and void, and upon his attempt to sell under the same, he shall be fined as provided for in section three of this act, to be recovered as provided for in sections four and five of the same, and be forever disqualified from obtaining license to sell such liquors in said city. 10. That no physician shall prescribe such spirituous liquors, save for medical purposes only, and in cases of actual necessity for same as a medicine; and if any physician shall prescribe same, having reasonable ground to believe, or knowing that same is to be used as a beverage, and same is used as a beverage, such physician shall be fined the sum of twenty-five dollars, to be recovered as provided for in sections four and five of this act. Persons applying required to prophysician. for liquors, &c., duce certificate of License forfeited tion of this act. for second viola Physician shall prescribe only for medicinal pur poses, & penalty physician. attached against 1873. Places of holding cers the same, & manner thereof. § 11. Said election shall be held in the office of the judge of said city, being the east ground floor room of the election, and off-house occupied by W. M. Cargill as a hotel, and the vot ing place of the Second Ward of said city. The judge of the Graves county court shall appoint two fit and proper judges, a clerk and sheriff, to take said vote, who shall be by him sworn to faithfully perform their duty under this act. Said judges shall decide who are legal voters, order their votes to be recorded, and preserve order while said vote is being taken. The clerk shall record the votes so given for or against said proposition, and the sheriff shall preserve order while said vote is being taken. When said vote is taken the poll-book shall be, by said judges and clerk, certified to the council of said city, and an entry made upon the record book of said city council of the result of said vote. § 12. That should said proposition fail, at the first vote thereon, to exclude the sale of such liquors, it shall be resubmitted to the voters of said city at any election for city officers thereafter held, upon the request of twenty citizens of said city, or the council of said city may order the same to be resubmitted at any time after said first election, and shall have the power to fix the time and place of holding said election, and to appoint the officers necessary to hold same. § 13. That any person voting illegally in said election shall be subjected to the same penalties, and be dealt with as now prescribed by the general law of this Commonwealth. § 14. This act shall be in force and take effect from and after its passage. JAMES B. MCCREARY, Speaker of the House of Representatives. Speaker of the Senate. P. H. LESLIE. G. W. CRADDOCK, Secretary of State. CHAPTER 3. AN ACT to repeal an act, entitled "An act to regulate and create the office of county treasurer in the counties of Perry and Harlan," approved April 21, 1873. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to regulate and create the office of county treasurer in the counties of Perry and Harlan," approved April 21, 1873, be, and the same is hereby, repealed. §2. This act shall take effect and be in force from its passage. 1874. Approved December 15, 1873. CHAPTER 4. AN ACT for the benefit of the county court of Breckinridge county. County court may levy tax. § 1. That for the purpose of raising means to defray county expenses, the county court of Breckinridge county is authorized and empowered, annually, at its court of claims, or at such other times as it may be convened by order of the presiding judge for said county, a majority of all the justices of the peace in and for said county being present and concurring therein, to levy an ad valorem tax not exceeding ten cents on each one hundred dollars' worth of property in said county. The sheriff of said county shall Power and duty collect said tax, and account for and pay over same as now required by law to pay over and account for county levy; and for this purpose shall have all the powers of distress as provided by law in collection of State revenue; and said sheriff and his sureties in bond for collection of county levy of said county shall be liable on said bond for the faithful collection and accounting for same. 2. This act shall take effect and be in force from and after its passage. Approved December 15, 1873. of sheriff CHAPTER 5. AN ACT to repeal an act, entitled "An act to authorize the Pike county court to issue bonds for court-house and other purposes." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to authorize the Pike county court to issue bonds for court-house and other purposes," approved March 5th, 1873, be, and the same is hereby, repealed. § 2. This act shall take effect from and after its pas sage. Approved December 16, 1873. |