1864. Fines may be § 10. All fines imposed by judgment of the city court and costs, may be replevied for three months, by defendant executing bond to the city of Paducah, with good and ap- replevied. proved security, bearing interest from date. Said fine may be paid to the clerk or replevied in the office before an execution issues, before the clerk, who shall approve the security; or it may be replevied when in the marshal's or other officer's hands for collection; and the replevin bond shall be taken by the marshal, and the security approved by him, upon which bond and execution may issue at maturity if not paid. § 11. For all violations of the city ordinances, or violations of the special laws of the State, in relation to Paducah, the warrant or process shall issue in the name of the "City of Paducah," and for all violations of the general laws of this State, committed within the city limits, the process shall run in the name of "The Commonwealth of Kentucky." § 12. That from and after the termination of the term of the present city attorney, the term of office of said city attorney shall be two years, and until his successor shall be duly elected and qualified. Process, how issued. Term of office of city attorney. Lands, &c., ject to taxation, 13. That hereafter all lands and lots within the present corporate limits of Paducah, whether the same be laid within city suboff into lots, or the lots built upon or not, shall be subject to taxation by the authorities of said city, the same as any other property in said city. And so much of the ninth section of article eleven, in the charter of Paducah, approved March 10th, 1856, which is in conflict with this amendment, be and the same is hereby repealed. taxes to be held. § 14. That all sales for the use and benefit of said city, Where sales for for taxes or otherwise, whether real, personal, or mixed estate, may be made at the market house in Paducah; and said sale shall be valid when made at said market house. § 15. That from and after the expiration of the term of the present city clerk, it shall be the duty of the council to elect or appoint a clerk for said council, to prescribe his duties, and fix his compensation and term of office. The offices of city court clerk and clerk of the council are now declared to be distinct offices. 16. It shall be the duty of each and every officer of said. city, whether elected or appointed, judicial, ministerial, or executive, to obey all ordinances of the council; on failure to do so, and for violating any of, or refusing to execute any of, said ordinances, he shall be fined by warrant in the city court, not less than five nor more than one hundred dollars. § 17. The fines imposed by the city court, for violations of the ordinances of said city, and for riots, routs, and breaches of the peace, can be paid by the defendant by work in the work-house, or on the streets, alleys, or wharf, City clerk. City officers to obey ordinance Fines may be worked out. 1864. Laws in relation to city to te codided. City Judge may dispense Jury. with of Paducah, at the rate of two dollars per day, under such rules as may be prescribed by ordinance. § 18. It shall be the duty of the council to appoint one or more competent commissioners to digest and codify all laws and ordinances in force in said city, including the charter and its amendments, and have the same printed in pamphlet form. § 19. That it shall be the duty of the judge of the city court, in all cases of breaches of the peace and violations of ordinances, to dispense with a jury trial at the request of the defendant, and in such case it shall be the duty of the judge holding said court to try the case, and impose such fine and penalties on the defendant or defendants, as the jury could if the said case had been tried by a jury. § 20. This section shall not be construed so as to prevent May tax shows. the city council of Paducah from taxing all such theatres, concerts, and other shows and performances in such licensed hall. When Judge marshal, and olerk elected. aud business County quarterly court. 21. That the judge, marshal, and clerk of the city of Paducah, shall hereafter be elected at the same time, in the same manner, and for the same length of time, and possess the same qualifications, as the county judge, sheriff, and county court clerk. § 22. That the amendment to the charter of the city of City monthly Paducah, approved February 5th, 1858, requiring the judge court abolished, of said city court to hold a monthly civil court, is hereby transfered to repealed, and the suits now pending in said court shall be delivered by the clerk of said city court to the judge of the McCracken quarterly court, and the same shall be docketed by him, and shall stand for trial at the same time, and in the same manner, as if the same had been originally brought in his court. All the papers and books in said city clerk's office, pertaining to civil suits shall be transferred to said quarterly court; and the judge of said court shall have the same power to issue executions, certify, record, and issue process, that the city clerk had before the passage of this act. Certain persons from city poll may be exempt tax. Tobacco Inspec lors, how pointed. 23. That the council of the city of Paducah shall have power to pass an ordinance releasing or exempting from poll tax to said city, members who have served actively in some regularly organized fire company for at least six months. $ 24. That so much of an act, entitled, an act to incorporate the city of Paducah, approved 10th of March, 1856, as ap requires the election or appointment of inspectors in tobacco warehouses resident in said city, be repealed, and hereafter said inspectors shall be equally chosen from said city and from the county of McCracken. How contractors may file petition 25. That section five of the act incorporating the city and suit brought of Paducah, approved March 10th, 1856, be and the same is so amended, that in all cases when any contractor for for work done in city. the doing of improvements on any of the streets in Paducah shall desire to file his petition to enforce the collection of the price of any such improvements under the provisions of said fifth section of said charter, said plaintiff, so filing his petition, shall not be required to make all the owners of lots on the street in front of which said improvements may have been made, parties defendants to the suit; but such plaintiff may, at his option, sue all or any number of the owners of lots; and it shall be sufficient to allege the number of feet owned by such as shall be sued, and the pro rata cost of improving in front of the same. § 26. That so much of section second, in article fifth, of an act, entitled, an act to incorporate the city of Paducah, approved March 10th, 1856, as exempts the inhabitants of said city from the payment of any other poll tax except for city purposes, be and the same is hereby repealed; and that hereafter the inhabitants of said city shall be subject to pay a poll tax for county purposes, as same as the other inhabitants of said county outside the city limits. § 27. That hereafter, when the city of Paducah shall incur any expense in taking care of or providing for the poor of said city, or in rightfully doing any other thing by which said city shall incur expense, and which would, under the general laws of this State, be a legitimate charge upon the county of McCracken, then, after the same shall be paid by said city, the county court of McCracken county, at its levy term, shall make an allowance in favor of said city of Paducah for all moneys thus paid by her, as aforesaid: Provided, however, That the sum to be allowed said city shall never exceed the amount of poll tax actually paid by the inhabitants of said city in each year respectively, the same to be ascertained by the report of the sheriff of McCracken county, whose duty it shall be to make his report annually to the county court of said county, at the county levy term of said court, of all poll tax by him collected off of the inhabitants of said city of Paducah during the whole of the preceding year. § 28. That no person shall be qualified and permitted to enter on the discharge of the duties of any office in the city of Paducah, whether the same be executive, judicial, or ministerial, who, at the time of his qualification to such office, is indebted to said city as the collector or keeper of the money of the city, or shall be indebted to said city in any other way, if said indebtedness is due; or if he shall be indebted for taxes for the previous year or years. It shall be the duty of the council to enforce this provision; and if any such person shall qualify, and enter on the discharge of the duties of any office in said city, who may be disqualified as provided in this section, it shall be the duty of the council to immediately declare said office vacant. 1864. Citizens of city ty poll-tax. subject to cɔun County to take care of poor. Persons indebt eligible to offee ed to city not 1864. How charter of 29. No amendment shall be made to this charter unless recommended by the mayor and city council of Paducah to etty may be the legislature for their enactment; and then, if enacted by the legislature, to be referred back to the voters of said city for their approval or rejection, at the first general elec tion thereafter in said city. mended. Certain amend ments repealed. §30. That all amendments to the charter of the city of Paducah, which have been made since the 10th day of March, 1856, except as above provided, are hereby repealed, and so much of said charter as has been repealed by said various amendments, except as provided in this act, are revived, it being the intent that this act and the original charter shall be the charter of said city. Approved February 22, 1864 CHAPTER 567. AN ACT for the benefit of Sam'l F. Roberts, late Sheriff in Kenton County. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Samuel F. Roberts, late sheriff of Kenton, shall have and possess all the right and power to distrain and collect the taxes due in said county, for the year 1862, and to collect his fee bills, as he had while in office. § 2. This act shall take effect upon its passage, and continue in force one year. Approved February 22, 1864. CHAPTER 568. AN ACT to change the time of holding the Quarterly Courts in Web ster County. Be it enacted by the General Assembly of the Commonwealth' of Kentucky: 1. That hereafter the quarterly courts in Webster county shall be held on the fourth Mondays in February, May, August, and November, instead of the time now fixed by law. 2. This act shall take effect from its passage. Approved February 22, 1864. CHAPTER 569. AN ACT for the benefit of J. A. J. Lee and R. M. Conner, sureties of Whereas, it is represented to the General Assembly that judgments were rendered in the Franklin circuit court, at its December term, 1863, against J. A. J. Lee and R. M. Conner, as sureties on the official bond of R. H. Conner, late clerk of the Bath county court, for $2,391 12, with interest from July 3d, 1863, and $478 22 damages, and for $195 65, with interest from July 3, 1863, and $39 13 damages, which amounts were reported by the Auditor as being due from said clerk; and whereas, it is further represented that payment of said amounts, or nearly the whole thereof, was made by said clerk to Thomas S. Page, the late Auditor, under the belief that such payment was legal and proper, and that said Page failed to give proper credit therefor; and whereas, it is also represented that the remainder, if any, of said alleged indebtedness accrued before said Lee and Conner became bound as sureties for said clerk-therefore, in order that the parties may have the benefit of any defence, legal or equitable, to which they may be justly entitled, Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the provisions of an act passed at the present session, entitled, an act for the benefit of certain sheriffs and clerks, and their sureties, shall apply to the proceedings hereby authorized; and in addition thereto, it shall be lawful for the Franklin circuit court to allow to be litigated therein such questions as the said Lee and Conner have presented to said court, or may present in relation thereto; and if it shall be made appear to the satisfaction of said court, that the said judgments, or any portion of either of them, were for liabilities incurred by said clerk, when said Lee and Conner were not his sureties, or that said judg ments, for any other cause, were erroneous in whole or in part, it shall be lawful for said court to vacate or modify the same, as shall in justice under the laws be deemed right and proper. 2. That this act to take effect from its passage. 1864. |