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general council may prescribe; but such fine shall not exceed fifty dollars, and such time shall not exceed three months. All fines and recoveries realized in said court, whether the prosecution be in the name of the city or the Commonwealth, shall be paid into the city treasury as a contribution toward the expenses of said court.

How judgments

and orders na

§ 12. No order or judgment of this court shall be modified, set aside, or annulled except in open court, during the regular fied hours of the court, and by the judge who tried the case. Νο order or judgment shall be thus modified, set aside, or annulled except on motion duly made in open court, and accompanied by the written reasons for said motion; and the grounds for modifying, setting aside, or annulling said order or judgment, shall be stated briefly, but accurately, by the judge from the bench, and recorded by the clerk in the order book of the court. The judge may at any time, and in any place, suspend for twenty-four hours, and no longer, the enforcement and execution of any order or judgment.

cuit court.

$13. Appeals shall be from the decisions of said court to Appeals to the circuit court in all cases where the amount of the fine imposed is as much as twenty dollars, and is not more than fifty dollars; and appeals shall be from the decisions of said court to the Court of Appeals when the amount of the fine imposed is fifty dollars or more. In cases where a fine of twenty dollars or less is imposed, under an ordinance, the legality of such ordinance may be tested by the city by an appeal to the Jefferson circuit court, or by the defendant by

peals.

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a writ of prohibition from the Jefferson circuit court; and To Court of Apafter a decision has been rendered in the circuit court, as provided for in this section, either the city or the accused may appeal to the Court of Appeals.

sued.

§ 14. No warrant for the arrest of a person guilty of a mis- How warrants 15demeanor in said city shall be issued by any one except the clerk of this court or his deputy. If the clerk and his deputy refuse to issue a warrant in any case, the party desiring the warrant may present his affidavit to the judge in open court, accompanied by a motion for a warrant, and the judge may then direct the clerk to issue the warrant prayed for.

applied to ceas,

§ 15. Any money paid by a defendant shall be first applied Money paid first to the payment of the costs due by him or her, and then the balance of the money, if any, shall be applied to the extinguishment of the fine imposed.

into treasury.

beok.

§ 16. The same fees and commissions as are now allowed by law to the prosecuting attorney, the clerk, and the marshal of said city court, from all sources whatever, shall be charged, Fees to be paid tax collected, and paid as now provided by law; and said fees and commissions, when thus collected, shall, on or before the 10th day of each month, be paid into the treasury of the city of Louisville by the respective officers who have earned and collected the same, and an accurate account thereof kept Clerk to list in by the treasurer. It is hereby made the duty of the clerk of said court, daily, to enter into a book, kept by him for that purpose, a full and complete list and account of all the fees, commissions, and fines taxed, levied, assessed, or collected in said city court. Said books shall be balanced to the last day of each month, and shall be exhibited to the auditor of said city on or before the fifth day of each succeeding month, and the accuracy of said book shall each time be verified by the oath of such clerk; and the auditor shall then certify to the treasurer of said city the full amount which shall be due and owing to the city on account of the fees, commissions, and fines taxed, levied, and assessed, as aforesaid on the 10th day Book open to in- of the month. The book hereby directed to be kept by the said clerk of the city court shall, at all times, be open to the inspection of the mayor, auditor, treasurer, or any committee of the general council of the said city, and it is hereby made Attorney, clerk, the duty of the attorney, clerk, and marshal of said city give information court to give to said mayor, auditor, treasurer, or committee any information or facts in their possession touching the business of said court, and the fees, commissions, and fines taxed, levied, assessed, and collected thereon. It is provided, however, that the clerk's fees shall in no case, where the fine imposed is ten dollars or less, exceed the sum of three dolJars, and that the marshal's fees shall in no case, where the fine imposed is ten dollars or less, exceed the sum of two dollars.

spection.

and marshal to

to mayor, &c.

Witness fees.

§ 17. Witnesses shall not be allowed any fees for attendance on this court, unless they live beyond the limits of the city of Louisville. If they live outside of said city, they shall be allowed such fees as are allowed witnesses in the circuit court.

§ 18. Nothing in this act shall be construed to prevent the Fine, &c., remit. mayor and general council from remitting any fine, penalty, or cost as now provided by law.

fect.

$ 19. So much of this act as applies to the fees and salaries When to take of the clerk and marshal of said court shall take effect from and after the expiration of the terms of the present incumbents of said offices, and the remainder of said act shall take effect from and after its passage.

Approved February 21, 1880.

CHAPTER 343.

AN ACT in relation to the purchase of ground in the city of Maysville,
Kentucky, for the erection thereon and use of public buildings by the
Government of the United States.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

State of

United States to

$1. That the consent of the Legislature of the Kentucky is hereby given to the purchase by the Government of the United States of such ground as may be needed in the city of Maysville, Kentucky, for the erection thereon and use of public buildings, and exclusive jurisdiction is hereby ceded by the State of Kentucky to the United States over the same during the time the United States shall be or remain the owner thereof for all purposes, except the administration of the criminal laws of said State and the service of any civil process therein.

§ 2. This act shall be in force from its passage.

Approved March 3, 1880.

Consent given to purchase ground,

&c., in Mays

ville.

CHAPTER 348.

AN ACT authorizing the Governor to appoint a commissioner to procure the site and inclose the graves of certain persons.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Governor be, and he is hereby, authorized to appoint a commissioner to procure the site and inclose the graves of the persons who were killed at Floyd's defeat, in Jefferson county, and the sum of $300, or as much thereof as may be necessary, to be paid out of any money in the Treasury not otherwise appropriated, is hereby appropriated for that purpose.

§ 2. This act to take effect from and after its passage. Approved March 3, 1880.

Appropriation to

inclose the graves

of those killed at Floyd's defeat.

Repeated as
Bath county.

ferred.

CHAPTER 358.

AN ACT to amend an aet, entitled "An act to create a court of common pleas in the counties of Fayette, Bourbon, Bath, Madison, Woodford, and Scott," approved February 6, 1874.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1. That so much of said act as applies to the county of to Bath be, and the same is hereby, repealed.

§ 2. That when this act shall take effect, all the records. Records trans- books, causes, and proceedings pending in said court shall be transferred to the Bath circuit court, and be therein disposed of as though originally instituted in said court.

§ 3. This act shall take effect on and after the first day of June next.

Approved March 3, 1886.

CHAPTER 359.

AN ACT to incorporate the Agricultural and Mechanical College of Kentucky, and to provide for the future management thereof.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1. That the government, administration, and control of Government the Agricultural and Mechanical College of Kentucky be, vested in trustees and hereby is, vested in a board of trustees constituted and appointed as follows:

Chairman.

ippointed.

(1). His Excellency, the Governor of Kentucky, who shall be ex officio chairman thereof;

(2). Twelve men, discreet, intelligent, and prudent, who Trustees - how shall be nominated by the Governor of Kentucky, by and with the advice and consent of the Senate, and who shall hold their office for six years, four retiring and four being appointed at each regular session of the General Assembly;

(3). And four who shall be elected by the alumni of the institution so soon as said alumni shall exceed one hundred, and shall also hold their office for six years, two being elected Present board to and two retiring every two years. The present board of visitors shall continue to perform the duties assigned to the board of trustees under this act until said board shall have been appointed and qualified.

act until, &c.

H

a body

corporate.

2. The board of trustees, when appointed and qualified, To be
shall be a body corporate, and as a corporation shall have
power to sue and be sued, implead and be impleaded, con-
tract and be contracted with, and possess all the immunities,
rights, privileges, and franchises usually attaching to the
governing bodies of educational institutions in Kentucky.
They shall have power to receive, hold, and administer, on
behalf of the institution whose government, administration,
and control is committed to them, all revenues accruing from
all existing or future endowments, appropriations, or bequests,
by whomsoever made, subject to the conditions attaching
thereto; to receive, administer, and apply, for and on behalf Their powers.
of said college, all moneys, devises, stocks, bonds, buildings,
museums, lands, apparatus, &c., &c., under the conditions at-
taching thereto. Said trustees shall have power to determine,
from time to time, the number of departments of study which
the college shall comprise within the scope of the organic act
of Congress donating land scrip for the endowment of agri-
cultural and mechanical colleges, the relation which cach
department or groups of departments shall sustain to each
other and to the whole; to devise, allot, and arrange the dis-
tributions of departments or groups of departments, with the
designation appropriate to each, and to devise the means re-
quired for their effective instruction, administration, and gov-
ernment. They shall also have power to appoint presidents,
professors, assistants, and tutors, and to determine the sal-
aries, duties, and official relations of each; to remove or sus-
pend from office all incumbents of offices filled by them, for
just cause; and to do all other duties which may be needful
for the welfare of the institution: Provided, That no professor
or president shall be removed, except for just cause, and by a
majority of the whole board.

3. Said board of trustees shall have power to adopt such To adopt by-laws
by-laws as they may deem proper, not inconsistent with this

act.

&c.

St. Said board of trustees shall have power to grant de- To grant degrees
grees to the alumni of the institution, to prescribe the condi-
tions upon which post-graduate honors shall be obtained by
its alumni and others, and to confer such honorary degrees,
upon the recommendation of the faculty of the institution, as
they may think proper.

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