1872. 3. Persons qualified to vote for commissioners shall be only the owners of real estate within said district, which Qualifications shall include unmarried female adults, and also any in- of voters for commissioners. fant owning real estate within the district who shall, in voting, be represented by his or her guardian. There shall be two judges of election and a clerk, who shall, at the first election, be appointed by the county judge of Greenup county, and shall qualify by taking the oath of officers of elections under the general laws of this State; and at each subsequent election they shall be appointed by the commissioners then in office. Certificates of the election of the commissioners shall be made out by the officers of the election, and given to each commissioner elected, and filed in the county court, and entered upon the records of said court. Powers and duties of com 4. The commissioners, a majority concurring, shall have power to contract for and cause the ponds, swamps, missioners. marshes, morasses, or wet lands within said district to be drained, in such manner as they may deem best, so as to relieve it of its stagnant water, prepare it for cultivation, and relieve the neighborhood of such diseases as arise from such causes. To enable them so to do, they shall have power to employ engineers and such hands and other employees as may be necessary, and to enter upon any land within said district, after notice to the owner or occupant thereof, for the purpose of making any drain or improvement as contemplated by this act; then said commissioners may proceed to condemn said land in the same manner that turnpike road companies are authorized to condemn lands for their use, the proceedings to be in the name of said commissioners, as will be required to make such drains and improvements and keep them in repair; and may, in their discretion, levy and apportion the taxes authorized to be levied upon any land within said district, or may levy said taxes alone upon the lands to be benefited by said improvements, if they, in their discretion, think proper. They shall have power to appoint a collector of the tax, who, before he acts, must give bond in the county court, with one or more sufficient securities, to be approved of by said court, conditioned that he will faithfully discharge the duties of said collector. The said bond shall be given to the said commissioners in their corporate capacity. The collector, in the collection of said tax, shall have all the powers of sheriffs in the collection of the State revenue; and all taxes assessed shall be liens on the lands of the respective parties taxed; and if the taxes are not paid by the time fixed by the commissioners for payment, the collector shall have the power, after advertising at two places in the district, and at the courthouse door of the county for one month, to sell so much 1872. obstruct any as will pay the tax and interest due thereon, and power to make to the purchaser a deed therefor, provided the taxpayer shall, at any time within five years, have the right to redeem the same by paying the purchase money, all past taxes, and ten per cent. interest thereon. § 5. The commissioners shall keep a record and journal of their official proceedings, and the proceedings of each meeting shall be signed by them, and the same, or copies of the same, attested by the commissioners in office, shall be competent testimony in any controversy under this act. A majority of the commissioners shall constitute a quorum to do business; but no acts of the commissioners, except adjournments from time to time and filling vacancies, shall be valid, unless assented to by a majority of the commissioners, and the same shall be shown on the journal of their proceedings. § 6. It shall be unlawful for any person to injure, obUnlawful struct, or destroy any drain or improvement which may to injure or be made by said commissioners, or be made under authordrain or im- ity of this act; and any person so offending shall be submade by com- ject to a fine not exceeding the sum of fifty dollars, to be missioners. recovered before any justice of the peace of Greenup provement county; and shall be liable also as offenders to said commissioners in a civil suit, which may be brought in their names for any damages that may be done or sustained by reason of such injury, obstruction, or destruction of such drains or improvements, to be recovered in any court of this Commonwealth having competent jurisdiction. § 7. This act shall be in force from and after its passage. Approved February 12, 1872. Boundary. CHAPTER 271. AN ACT to amend an act incorporating the town of Calvert City, in Marshall county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the town of Calvert City, in the county of Marshall, and State of Kentucky, with the following boundaries: beginning at the southeast corner of Second street; thence north 79 degrees west 2286 feet [to the] south west corner; thence north 7 degrees east 1503 feet to the northwest corner; thence south 864 degrees east 1164 feet; thence south 10 degrees west 360 feet; thence south 701 degrees east 1134 feet; thence south 10 degrees west 1220 feet, to the beginning corner, making 75 acres and 1.54 poles, be, and the same is hereby, established and incorporated as a town. 1872. their term of § 2. That A. Birdwell, H. Curtis, Abe Goodman, Pressly Pritchett, and M. P. Cox, are hereby appointed trustees for Election of the said town, and shall remain in office until the first Sat- trustees and urday in May, 1872. And upon the first Saturday in May office. of each succeeding year the legally qualified voters under the Constitution of Kentucky and of the United States of America, who shall have resided in the town boundaries sixty days next before the election, shall meet at such place in said town as may be designated by said trustees, and choose five persons by vote to serve as trustees of said town for twelve months thereafter, and until their successors shall be elected and qualified. ers. 3. That the said trustees and their successors in office Corporate poware hereby appointed and established a body-corporate and politic, with power to sue and be sued, to enact ordinances, by-laws, and regulations for the government of said town, not inconsistent with the Constitution and laws of Kentucky or of the United States; to grant coffee-house license, to levy a tax on the real and personal property within the limits of said town, to appoint an assessor to value the said property, and collector to collect the tax, to be appropriated by the trustees to meet the ordinary expenses thereof: Provided, The tax shall not exceed fifty cents on every one hundred dollars' worth of property, and one dollar on each tithe within the limits of said town. But before any one shall sell liquors under a coffee house license, he shall show himself entitled thereto, and qualify and execute bond in the county court as required by law. Collectorspowers and du § 4. That said collector hereinbefore provided for shall 5. That the trustees may appoint a clerk, whose duty same. § 6. That it shall require the concurrence of a majority of the trustees to exercise the power granted in this act; and in the event of a failure to make an election as hereinbefore provided, the trustees herein appointed shall continue in office until their successors are duly elected; and the said trustees shall have power to fill all vacancies in their own body occurring between the times of elections; Clerk-his Trustees mag fill vacancies in their own body. 1872. and marshal to term of office and duties. and they may change the time of holding elections to suit the citizens of said town. § 7. That at the same time and place of election, as Police judge herein provided for, it shall be lawful to elect a police be elected-judge and town marshal, who shall hold their office for one year from the date of their election, and until their successors are qualified; and said police judge shall be commissioned by the Governor, and have all the powers and qualifications of a justice of the peace within the limits of the town, and receive like fees for like services. The marshal shall have the same powers and qualifications within the limits of said town of a constable, and shall receive the same fees for similar services. Said police judge and marshal shall execute bond and take an oath as is now required of justices of the peace and constables in this Commonwealth. trustees streets, &c. over § 8. That the said trustees shall have power to open the Power of streets and alleys of said town, and to grade, pave, and macadamize the same, and to make such other improvements for the benefit of said town as they may see fit and proper, subject to all constitutional safeguards requiring compensation for damage done to private property. 9. That this charter may be amended and added to at the pleasure of the General Assembly. But nothing in this act shall be construed to divest any person or persons of any right or title to lands within said boundaries, or to subject said lands to town taxes, or authorize the trustees to sell, take, or in any manner control said lands (except by and with the consent of the owner), until said lands shall have been vested in the trustees, as provided for in chapter one hundred of the Revised Statutes. § 10. And this act shall take effect from its passage. Approved February 12, 1872. CHAPTER 273. AN ACT authorizing the clerk of the Harrison circuit court to complete and continue a cross-index to judgments. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the clerk of the Harrison circuit court be, and he is hereby, required to complete and bring up the general cross-index of the judgments of said court from the time to which the same has heretofore been made by the former clerk of said court, provided that the judge of said court shall so direct. § 2. Said general cross-index shall be continued by the clerk of the said court upon the order of the judge of said court. § 3. The county court of Harrison is hereby required to make such orders of allowance, payable out of the county levy, to the clerk of the Harrison circuit court, for his services under this act, as the Harrison circuit court may make and certify, upon having the same valued by two commissioners appointed and sworn by said court for that purpose. §4. This act shall take effect and be in force from and after its passage. Approved February 14, 1872. 1872. CHAPTER 274. AN ACT to amend an act, entitled "An act to amend the road law in Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county judge and justices of Bracken county shall, at their regular court of claims in the month of May, 1872, and every two years thereafter, elect a commissioner of roads for said county, who shall hold his office for two years, and until his successor shall have been elected and qualified. § 2. That the law authorizing the county court to appoint a commissioner of roads in the month of June for said county is hereby repealed. § 3. That this act shall take effect from its passage. Approved February 14, 1872. CHAPTER 276. AN ACT to repeal in part an act, entitled "An act in relation to official sales in Boyle and Lincoln counties," approved March 7th, 1871. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of an act, entitled "An act in relation to official sales in Boyle and Lincoln counties," approved March 7th, 1871, as relates to Lincoln county, be, and the same is hereby, repealed. § 2. This act to take effect from its passage. |