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said, Academy, by virtue of this act, shall be laid out at their discretion, for the benefit of said Academy and for maintaining a Female School in the town of Burksville; this act to be in force from its passage.

Approved, February 1, 1837.

1837.

CHAP. 198.--AN ACT to incorporate the town of Crittenden, in the county of
Grant.

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Trustees to

SEC. 1. Be it enacted by the General Assembly of the Common-wealth of Kentucky, That the free white male inhabitants, residing in the town of Crittenden, in the county of Grant, and the be elected. owners of lots in said town shall, on the first Monday in April, one thousand eight hundred and thirty seven, and on the same day in every year thereafter, meet at some convenient place within said town, and proceed to elect five Trustees for said town; who shall hold their office for one year, next after their election, or until their successors are duly appointed, and the said 'first election shall be conducted under the direction of N. Henderson, or some other Justice of the Peace of said county, who shall act as Judge therein; and said Trustees shall take an oath before some Justice of the Peace for said county, truly and faithfully, to perform the duties enjoined on them by law as Trustees.

Shall be a

SEC. 2. Be it further enacted, That said Trustees, and their successors, shall be a body corporate, and by the name and body corporate. style of the Trustees of the town of Crittenden, may sue and be sued, plead and be impleaded, in any of the courts of law or equity of this Commonwealth; they shall have power to pass all necessary ordinances and by-laws for the improvement, reg ulation and advancement of the interest and morals of said town, not inconsistent with the constitution of the United States, or the constitution and laws of this State.

SEC. 3. Said Trustees shall have power to receive a conveyance by donation, or purchase any lot or lots of ground in or near said town, for the purpose of the crection of a market house, school house, meeting house, or any other necessary or needful public buildings, and may order, provide for, and contract for their eréction; they shall have power to assess a poll tax on the legal tytheables of said town not to exceed fifty cents a head, and levy an ad valorem tax on the real and personal estate within said town, that is now taxed by the revenue laws of this Commonwealth, not to exceed fifty cents on each one hundred dollars worth of property; they shall have power to contract for the sinking of wells, the improvement of springs, the grading and improvement of the streets and alleys, and the paving of the side walks of said town; they shall have power to levy and collect from the owner, or managers, of all exhibition of animals or shows, of all and and every description, that

May hold property and ev tax, &c. i

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1837.

May appoint officers.

shall be exhibited within the limits of said town, any amount that shall be ordered by the Board of Trustees, not to exceed the sum of twenty dollars; and shall have power to pass bylaws to prevent racing or running horses within the limits of said town, or the suppression of all other disorderly conduct or practice within the same; they shall appoint one of their body as chairman, who shall sign the record and proceedings of each meeting, who shall have power to call a meeting of the Board at any time, and preside over the meetings, keep order &c.; it shall require a majority of said Trustees to do business; and all fines and forfeitures that shall be recovered, and all taxes that shall be assessed and collected by said Trustees, shall be by them appropriated to the purchases and improvements before directed.

SEC. 4. Be it further enacted, That said Trustees shall elect a Clerk, who shall continue in office one year, or until another is duly appointed, whose duty it shall be to preserve and safely keep all papers belonging to, or filed with said Board, and shall attend the meetings of said Board and record all their proceedings in a book to be procured by said Board for that purpose, and shall copy and certify all records and ordinances that may become necessary, and to record a map or plan of said town in said book, when made out and furnished.

SEC. 5. Be it further enacted, That said Trustees shall apAssessor ap- point an Assessor to assess the property and persons within pointed. said town liable to taxation, and upon the performance thereof, said Trustees shall fix and direct the payment of his compensation.

SEC. 6. Be it further enacted, That said Board shall have Collector ap- power and authority to appoint a Collector, who shall have pointed. power and authority to collect, by distress or otherwise, the tax levied upon the persons and property within said town as before directed.

give bond-his duties.

Treasurer ap

SEC. 7. Be it further enacted, That before said Collector shall proceed to perform the duties prescribed in the sixth section of this act, shall execute bond before said Trustees, in such penalty as the Board shall direct, with sufficient security to be approved of by them, payable to said Trustees, conditioned for the faithful collection of said tax, and the payment of the same over to said Trustees, or to such person or persons as they shall direct; and for a breach of the condition of said bond, said Trustees shall have power and authority to move against said Collector, either by suit on said bond, or motion in the Grant circuit court, and by a judgment of said court, recover against said Collector and his securities, any amount of money that may be found due from him with twenty per centum thereon, and shall have execution therefor against them, and the Clerk of said court shall endorse thereon that no security of any kind shall be taken.

SEC. 8. Be it further enacted, That the said Board shall have pointed, and his power to appoint a Treasurer, who shall keep the funds of said

duties.

Board safe, and pay the same over by order of said Board, or the chairman thereof, to such person or persons as he shall be directed; and said Board may require bond and security of said Treasurer, conditioned as aforesaid, and for a breach of said bond, shall be subject to same proceedings and subject to the same penalties, that are prescribed in the seventh section of this act against delinquent Collectors.

1837.

Compensa

SEC. 9. Be it further enacted, That said Board shall fix, by law, the rate of compensation to all of her subordinate officers, tion to officers. and shall havé authority to sue for and recover all penalties annexed to a breach of their ordinances and by-laws before a Justice of the Peace, or other proper tribunal, having jurisdiction thereof,

Approved, February 1, 1837.

CHAP, 199,--AN ACT to change the place of voting in the Salt River Precinct, in Anderson county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of holding the annual and general elections in the Salt River Precinct in Anderson county, shall be, and is hereby changed from the house of John Busey, to the store house of Greenberry Peyton, adjoining the mills of William Church & Co.

Approved, February 1, 1837.

CHAP. 200.-AN ACT to amend the Road law in Campbell county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the commissioners of revenue in and for Campbell county, shall, in making out the list of tytheables, include, in addition to those now designated by law as liable to a poll tax, all free white males who shall have arrived to the age of sixteen years, at the time of making out such list, and to be found within the bounds now liable to be taxed for road purposes; and also all male slaves over the age of sixteen years and under fifty years, all other slaves to be exempt from tax for road purposes; the parents and guardians having control of such free white males as are over sixteen and under twenty one years of age, shall, when notified by the overseer so to do, either send them to work on the road, or be liable to pay a poll tax for them at the rate hereafter described, the owners of slaves to be bound in like manner for them.

Duty of the

commissioner of tax.

Amount of

SEC, 2. Be it further enacted, That the road commissioners shall, from and after this law takes effect, have power, and tax to be col

they are hereby authorized to levy and collect a revenue tax, lected.
not exceeding six and a fourth cents on each hundred dollars
worth of landed estate, within their bounds, for road purposes,
instead of four cents as now directed by law.

ers

.1837.

Commission

may

crease tax

Howers overseers.

er's:

SEC. 3. Be it further enacted, That the said road, commissioners shall have power to raise the poll tax to two dollars, which tax may be paid in work at the rate of one dollar per day; all in- revenue tax, when collected in money, to be divided by the commissioners of roads, equally, between the different precincts agreeable to their necessities.

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SEC. 4. Be it further enacted, That all overseers hereafter appointed, under the present existing road law for Campbell county, shall have power, and they are hereby authorized, to contract with any person or persons for wagons, carts, ploughs and teams to be used in repairing the road under their immediate care, and make reasonable compensation, to be paid or al lowed by said overseer, out of any poll or revenue tax which may have been paid or remains due to their precinct for road. purposes.

SEC. 5. Be it further enacted, That all overseers hereafter Compensa- appointed under the road law, shall be allowed, for their servition of overse- ces on the road, at the rate of seventy five cents per day, to be paid out of the road fund of the county: Provided, That such allowance shall in no one year exceed ten dollars: And provided further, That the allowance made them shall be obtained in the same manner that the road commissioners obtain the allowance made them.

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Delinquent list to be depos

ited.

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new road.

Proviso.

SEC. 6. Be it further enacted, That on the first Monday in December in each year, the overseers of the road shall deposite, with the road commissioners, a list of all the delinquents for the preceding year, instead of the Clerk of the county court as now directed by law.

SEC. 7. Be it further enacted, That the commissioners, being Commission- all present, may, by the consent of the parties interested, where ers may lay out it is considered necessary for the public convenience, lay out a new road, and cause it to be kept in repair, or change the location of those already laid out: this law to take effect from and after the first of March, one thousand eight hundred and thirty seven; and all acts, or parts of acts, conflicting with this law, are hereby repealed: Provided, however, That nothing in this act, or in the act to which this is an amendment, shall be so construed as to include any person, who is now bound by an act, approved February 7, 1819, establishing a turnpike on the road leading from Georgetown to Cincinnati, and for other purposes, to work on said turnpike until said charter expires, unless their tax for road purposes shall amount to more than they are bound to work out on the above mentioned turnpike; in which case, they shall, after being credited on the commissioners' books for the whole amount claimed, by law, on the turnpike, pay over the remainder, if any there be, to the road commissioners, for the use of common roads.

SEC. 8. Be it further enacted, That the Clerk of the county Compensa- court of Campbell county, shall be allowed for making out, for tion of clerk. the road commissioners, a complete copy of the books of the commissioners of the revenue, annually, the usual fees for per

forming similar services; and he shall also be allowed, for capying the books aforesaid for the last year, a similar compensa tion; and payment shall be made to said Clerk, for said services, by the road commissioners, of Campbell county, out of the proceeds of the taxes collected by them for road purposes.

1837.

Vote to be

SEC. 9. AND WHEREAS, Doubts are entertained whether the majority of the voters of Campbell county are in favor of the taken on adoproad laws, provided for the working of the roads, in said county: ting this law. Therefore, Be it further enacted, That it shall be the duty of the Sheriff of Campbell county, at the next August election in said county, at the court house thereof, and at the precincts therein, to take, on the poll books, the votes of the qualified voters of said county, subject to taxation for road purposes, for and against the said road laws; and if a majority of said voters, voting at the polls; on said question, are against the said road laws, then the said road laws shall cease to operate, from the first of March, eighteen hundred and thirty eight;, and the Sheriff shall certify, within thirty days after said election, the result of said, election, to the county court of the county of Campbell, who shall cause the same to be entered upon the records of said court, and thereupon, from and after the said first of March, eighteen hundred and thirty eight, all laws in force, by the general laws, of this Commonwealth, upon the subject of roads, shall be revived, and be in full force in the county aforesaid.

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SEC, 10. And be it further enacted, That the Sheriff of Camp- Sheriff to give bell county, shall, at the court house of the county, and at each notice. of the places holding elections, in the several precincts of said county, at least one month previous to the next August election, affix, at the places aforesaid, a written notice that the polls will be opened for the purpose of ascertaining whether a majority of the qualified voters of said county are in favor of, or against the road laws, provided for working the roads in said county. Approved, February 1, 1837.

421

CHAP. 201.--AN ACT to incorporate the town of Mayslick, in Mason county,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the town of Mayslick, in the county of Mason, shall be, and the same is hereby established.

SEC. 2. Be it further enacted, That Asa R. Runyon, Jonas Eddy, Samuel K. Sharpe, E. H. Herndon and John L. Kirk, are hereby constituted and appointed Trustees for said town, who shall continue in office twelve months from and after the first Monday in April next, any three of whom may form a quorum to do business.

SEC. 3. Be it further enacted, That the said Trustees may fix the metes and bounds of said town, and have the same surveyed and plotted, laid out into streets and alleys, and cross

Town estab lished.

Trustees.

Duties of

trustees.

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