1854. Record to be kept by judge. Marshal, his Auties, &c. When the mal shal may enter upon the duties of his office. pœna; fifty cents for presiding at the trial, and twenty cents for each execution in such cases; fifty cents for taking recognizances to keep the peace, to be paid by the person applying; and in any other causes not here enumerated, in which he may have jurisdiction, the same fees that justices of the peace are entitled, to be collected in the same way. 12. That the official record of the police judge, provided for in section eight of this act, shall be kept in the mode and manner as are now required by law of justices of the peace, and for a failure herein he shall be subject. to the same penalties as are now imposed by law upon justices of the peace for like offenses; and each successive judge elected as aforesaid shall deliver over to his successor all the official papers and records of his said office, and on failure shall be subject to the penalties aforesaid. 13. That the said police judge may be removed or impeached in the same manner and under the same laws now or which may hereafter be in force for the trial and impeachment of justices of the peace. A removal from town shall vacate his office. §14. That on the first Monday in August next the qualified voters of said town shall elect a marshal, whose term of office shall be two years, and until his successor is elected and qualified, and in case of a vacancy from any cause the trustees shall fill such vacancy by appointment until the next annual election. § 15. That the marshal so elected or appointed shall, before he enters upon the duties of his office, take the oath usually administered to executive officers to discharge the duties of the office of marshal faithfully, impartially, according to law, and the best of his abilities. He shall also execute bond in duplicates with good security, payable to the trustees and their successors in office, to be by them approved, in a sum not less than five hundred dollars, containing conditions similar to those now required by law in constables' bonds; and any person damnified by the official acts of said marshal may sue or motion thereon before any court having jurisdiction thereof, in the name of the trustees of said town of Germantown, for his, her, or their use and benefit, or may motion before the police judge of said town, in the same manner and under the same rules that motions are made before justices of the peace against constables. 16. That the trustees of said town shall, so soon as the said duplicate bonds are executed by the marshal, cause their chairman to attest the same, and deliver one to the clerk of the Mason county court and one to the clerk of the Bracken county court, who shall carefully preserve the same on file in their respective offices; and the said clerks shall give attested copies to any person who call for the same, which copy or copies, when so attested, shall have the same force and credit in all courts of justice in this commonwealth as other records from said officers are entitled under existing laws; and the said clerks shall receive from said applicant or persons applying for a copy of said bond, such fees as are now allowed by law for similar services. § 17. That the said marshal shall be a conservator of the peace throughout the said counties of Mason and Bracken. He shall have power and authority to execute, in the respective counties of Mason and Bracken, all original, mesne, and final process issued by the said police judge of Germantown, and in criminal cases process from any other judicial officer, in doing which he may go to any part of Mason or Bracken counties, and shall be governed by the same laws and regulations that now or may hereafter govern constables in the execution and service of process within the respective counties aforesaid, and shall be liable for property held by virtue of a process, or for money collected, or a failure to collect and account for according to law, and may be proceeded against in the same manner now prescribed or which may hereafter be prescribed by law in reference to constables, and collectors of the public revenues. He shall be entitled to the same fees now or which may hereafter be allowed to constables, to be collected in like manner. § 18. That the said marshal, by virtue of his office, shall be collector of the revenues of said town, and shall have the same power and authority to enforce the payment of the same that sheriffs have under existing laws; and whenever it shall become necessary for the said marshal to levy upon and sell property for the payment of any tax levied by the board of trustees of said town, he shall proceed in the same manner that sheriffs are now required to proceed, and shall be allowed the same costs now or which may hereafter be allowed to sheriffs for similar services, to be recovered in the same way. He shall, before he proceeds to collect the revenues of the town, execute bond with security to be approved by the board of trustees, payable to said trustees and their successors, in any sum not less than double the amount of the revenue, similar as to conditions to the bonds of the collectors of state and county revenues. He shall be allowed such compensation for his services as collector as the trustees may declare: Provided, that said trustees shall have no power to reduce such compensation for that year after the said marshal shall have executed bond as aforesaid. § 19. That any constable or other free white male person who is twenty-one years of age, who is entitled to a vote for trustees, and who has resided twelve months next preceding his election within the corporate limits of said town, shall be eligible to the office of marshal. 1854. Powers of the marshal. Fees allowed the marshal. Who eligible to the office of marshal. 1854. Treasurer, how office, and hig duties. 20. That the treasurer shall hold his office for the term of one year, and until his successor is appointed and long to hold his qualified, unless sooner removed by the board of trustees. He shall, before he enters upon the duties of his office, take an oath similar to those administered to the police judge and marshal, and shall execute bond with security to be approved by the board of trustees, payable to the board of trustees of Germantown, and their successors, in any sum not less than double the amount of the revenues for that year, and any balance that may be in the treasury, with similar conditions to those required by law in a county treasurer's bond. The said trustees may at any time require him to settle his account and make a fair exhibit in writing of the state of the treasury. He shall be entitled to such compensation for his services as the board of trustees may ordain. office and duties Penalties for refusing to list The as § 21. That the assessor shall hold his office for the term Assessor, his of one year, or until his successor is duly appointed and qualified, unless sooner removed by the board of trustees. He shall, before he enters upon his duties officially, execute bond with security, as provided for in section seven of this act, and take an oath before some judicial officer faithfully and impartially to discharge the duties of his office. It shall be his duty as assessor to call upon all persons subject to pay tax under existing laws of this state, who reside or own property within the corporate limits of said town, and make out a true list of their property, with the value thereof, which list may be made upon the oath of the party, to be administered by the assessor. sessor's list shall be so taken as to include all the real estate, all the free male persons over 21 years of age, all slaves, with their value, with all other species of property, money, and choses in action. If any person or persons shall refuse to give in to the assessor, when called upon so to do, a list of his, her, or their property, or be absent, the assessor shall make out a list from the best information he can procure. He shall, on or before the tenth day of July in every year, complete and return his book to the board of trustees; and for a refusal or failure so to do, shall be fined in any sum not exceeding the whole revenues of the town for the preceding year. Upon the return of the assessor's list, the board of trustees shall give notice that every person who may feel themselves aggrieved by the valuation of the assessor may appear before them at a stated meeting to be held for that purpose, between the 20th day of July and the first day of August annually, and produce their evidence to show the value of such property; and the trustees, upon proof being made to them, may Duties of clerk change such valuation; and in order that all, who may feel aggrieved as aforesaid, may avail themselves of the benefit of the foregoing provision, the said trustees shall order their clerk to advertise such meeting by written no property. in certain cases. tice posted up in not less than six of the most public places in said town, at least eight days previous to the holding of such meeting. The said assessor shall be allowed such compensation for his services as the trustees may ordain previous to his qualification, and shall be subject to be fined for omissions of duty as the trustees may ordain, to be retained out of his pay. 1st. That the said trustees 1854. Trustees pow er to define du. Power to pun ish rioters, &c. Exclusive control over roads. 22. GENERAL PROVISIONS. shall have power to define the duties of clerk to their board, ties of clerk, &c. or any other officer within their power to appoint, not specially provided for in this act, and fix their compensation, which shall not be increased or diminished during the term for which they were appointed. 2d. The trustees shall have power and authority to purchase or receive by gift, a lot of ground not exceeding ten acres, for the use and benefit of said town, for a cemetry or other necessary purpose, and appoint persons to take charge of and protect the same. 3d. The said trustees shall have power to ordain fines on all persons guilty of indecent or boisterous conduct so as to disturb the peace and quietude of the town. 4th. The trustees shall have exclusive control over the roads and road funds within the corporation, and for improving and keeping the public roads in repair may levy road tax upon the taxable property of the town not exceeding ten cents to the one hundred dollars of valuation, and one dollar on each white male and slave over sixteen and under fifty years of age, to be collected in the manner and under the provisions of the general road law in this state now in force. 5th. The trustees shall have pose of streets. power to sell and convey certain streets and alleys in said town as heretofore provided by special act of the general assembly. 6th. That the time for the assessment of persons and property in said town shall be the first day of June. Persons residing in said town or owning property therein on that day shall be required to pay the taxes assessed to them by the board of trustees for that year. Power to dis When assessment of property to be made. Previous acts § 23. That any acts heretofore passed in reference to said town that conflicts with any of the provisions of repealed. this act shall be and the same are hereby repealed. But the legislature reserves the right to alter or repeal this act at any time. § 24. This act shall take effect from its passage. Approved March 9, 1854. CHAPTER 785. AN ACT to charter the Foster Turnpike Company in Bracken county. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Foster Turnpike Company, so soon as two miles of their road is 46-VOL. II. 1854. completed, to erect a gate thereon at any distance not within one-half mile of the Ohio river, and collect toll thereon as prescribed in the chapter 103 of the Revised Statutes of the Commonwealth of Kentucky. § 2. That the county court of Bracken county shall have power to issue bonds of the county to said company, in payment of the stock taken by said court in said road, in sums not exceeding $500 each, signed by the judge and attested by the clerk of said court, with the seal of the court affixed thereto. Approved March 9, 1854. CHAPTER 786. AN ACT for the benefit of the Capital Hotel Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the president, directors, and company of the Capital Hotel Company, of the city of Frankfort, be and they are hereby authorized to erect billiard tables in said hotel. But before the erection of such tables, the president aforesaid shall pay into the hands of the clerk of county court of Franklin, the sum of two hundred dollars per annum for each table, so long as said tables may be used, which amount shall be paid over by said clerk and placed to the credit of the sinking fund of the state of Kentucky. The receipt of the clerk for the amount above specified shall be authority to establish or erect such tables. Approved March 9, 1854. CHAPTER 789. AN ACT to incorporate Bethel Encampment, No. 29, Independent Or der of Odd Fellows, at Pembroke, Christian county. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That L. F. Kenner, Wm. F. Clark, R. C. Jameson, John Fruit, James Atkins, L. F. Blankenship, William L. Brown, and their associates, be and they are hereby created a body politic and corporate, by the name and style of the Bethel Encampment, No. 29, of the Independent Order of Odd Fellows, Pembroke, Christian county, Kentucky, and with their associates and successors shall so continue and have perpetual succession, and by that name are hereby made capable in law as natural persons to sue and be sued, to plead and be impleaded, to contract and be contracted with, to answer and be answered in all courts of law and equity in this commonwealth and elsewhere; to make, have, and use a common seal, and the same to break, alter, or amend at pleasure. They may |