$35. Upon making any such reference, the said courts shall make an order, and, if need be, enforce it by process of contempt, directing the officers having charge of the books containing the last assessment for the purposes of State taxation, to deliver them to the said commissioner, to be by him used in making out his report.

§ 36. It for any reason such assessment books shall not be Court may order promptly forthcoming, the court shall provide for making a new assessment under the direction and supervision of the said commissioner.

a new assessment.

commissioner,

$37. Upon the completion of said report, the said commisDuties of the sioner shall file the same in the clerk's office of said court, and publish in a newspaper published in the town of Russellville, Kentucky, once each week for three weeks, a notice of the filing of said report, and stating that the same will be subject to exceptions to be filed in said clerk's office until a day to be mentioned in said notice, which day shall not be less than thirty nor more than forty days from the last day on which said notice is to be published.

§ 38. On a day to be named by the court in the order referring to the said judgment to the commissioner, or on the first day of the next regular or special term of the said court after the expiration of the time for filing exceptions, the said exceptions shall stand for hearing, but the hearing thereof may be continued from time to time, for good cause shown, or to suit the convenience of the court.

§ 39. When, after such correction as the court may deem proper, the said report shall be approved and confirmed, judgment shall be rendered against the parties named in the report for the amounts therein named, and at the expiration of ninety days from the date of the said judgment, several executions shall issue against all persons who have not then paid to the sheriff or other officer who collects executions from said court, the sums adjudged to be due by them respectively, which may be levied on any property subject to execution held by the defendants respectively, or which was owned by them at the date of the judgment.

§ 40. The court shall make proper orders for the safe-keeping and disposition of the money to be collected under the provisions of this act; and if the amount collected shall be more than necessary to pay the judgment and costs, the residue shall be paid over to the commissioner of the sinking

fund of the said county, to be used for the payment of the principal and the interest of bonds issued under this act.

sions.

§ 41. The sheriff or other officer, who may collect such sums Sheriff's commi as shall be voluntarily paid to him under any such judgment, shall be entitled to the same compensation which sheriffs ́ receive for collecting taxes due to this Commonwealth.

42. The bonds to be issued under this act shall, on their faces, stipulate that the holders of any of them, or any coupon thereof, shall be entitled to the remedies for the collection of the same herein provided for.

§ 43. This act shall take effect from its passage.

Approved March 12, 1880.

CHAPTER 429.

AN ACT to incorporate the town of Poplar Plains, in Fleming county, and to amend and reduce into one the several acts in relation thereto.

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

§ 1. That the boundary of the town of Poplar Plains shall be as follows, viz: Beginning at a point in the intersection of Boundary. the Poplar Plains and Flemingsburg Turnpike Road and the Poplar Plains and Plummer's Mills Turnpike Road, running north one half mile, south one half mile, east one half mile, west one half mile, including one square mile.

elected.

§ 2. That a board of trustees, five in number, elected by the Trustees shall be qualified voters of said town, shall have charge of the fiscal, prudential, and municipal concerns, together with the government and control thereof. That the election of said board of trustees shall be held the first Monday in April of each year; that it shall be the duty of the chairman of said board to advertise each election of town officers at least two weeks before the date thereof: Provided, however, That no one shall be eligi- Who eligible. ble to said office of trustee who has not resided in said town one year next preceding the date of his election, and who is not a qualified voter at that time for State Representative: And provided further, That a majority of said board shall constitute a quorum for the transaction of business, and the trus. tees elected shall continue in office until their successors are elected and qualified, and shall have power, whenever a vacancy is created by death or otherwise, to fill such vacancy by appointment.

Name.

Who may vote.

Chairman

Police judge and mar,hal shall be

elected.

risdiction.

$3. That said trustees and their successors shall be knowB by the name of the board of trustees of the town of Poplar Plains, and shall be a body-politic and eorporate, and by the aforesaid name shall be capable in law of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, of answering and being answered, of defending and being defended, in all courts and places, and may do all other acts, matters, and things which a bodypolitie and corporate having perpetual succession can lawfully and rightfully do and perform.

§ 4. All citizens of said town who shall be over twenty-one years of age and entitled to vote for State Representative, shall be entitled to vote in the election of trustees and other officers hereinafter mentioned.

§ 5. Said trustees shall take an oath, before some officer qualified to administer it, that they will faithfully, and without favor or affection to any one, discharge the duties that may devolve upon them as trustees during their continuance in office, as well as the general oath provided in the Constitution. They shall appoint one of their own body chairman, who shall preside at all their meetings; and should he be absent, they shall appoint a chairman pro tempore, and in case of his death or removal, or vacation of his seat as trustee, may appoint another in his stead.

§ 6. At the same time, and in the same manner, as berein provided for the election of trustees, shall also be held an election for the offices of police judge and marshal. The police judge shall be known by the style of the police judge of Poplar Plains, and shall have the same qualifications as is Police judge's ju- herein required of the trustees; and he shall have, within the boundaries of said town, as established by this act, all the civil and criminal jurisdiction which, by existing laws, or lawe which may be passed by the present General Assembly, are conferred upon justices of the peace; and in addition thereto, shall have all jurisdiction in felonious misdemeanors which, by the Code of Practice in criminal cases, is especially conferred upon police judges as such. He shall be a conservator of the peace, and have jurisdiction over affrays, assaults or batteries, riots, breaches of the peace, unlawful assemblies, all cases of indecent or immoral behavior, or conduct calculated to disturb the peace and dignity of said town; over all cases of drunkenness, Sabbath-breaking, running horees,

firing guns or pistols, making reports by burning powder or fire-works, blowing horns, hallooing aloud, by day or night, and other riotous and disorderly conduct whatever within said town; all of which are hereby declared to be misdemeanors; and all fines imposed by him for any of the above named misdemeanors, shall, when collected, be paid into the treasury of said town. He shall have power to impose fines, in all cases of misdemeanors, to the amount of thirty dollars, without the intervention of a jury; and shall have the right to imprison the person so fined in the county jail until the same is paid by imprisonment at the rate of two dollars per day. He shall have jurisdiction of all offenses or causes arising out of the by-laws and ordinances passed by the board of trostees for the enforcement of the powers granted them by law. He shall have power to issue subpoenas for witnesses in cases pending before him, and, upon their failure to attend, may issue compulsory process to compel their attendance. He shall have power to fine and imprison for contempt, provided the fine does not exceed ten dollars, nor the imprisonment twelve hours.

§ 7. That upon all judgments rendered by the said police judge, either party shall have the right of appeal from said judgment, in the same manner that appeals are taken from judgments of justices of the peace.

8. That the fees allowed said police judge shall be the Fees of judge. same as are by law allowed justices of the peace for similar

services.

marshal.

9. The marshal shall see that the ordinances of the said Duties of the town are carried into execution, and shall collect and pay over all fines imposed by the police judge for misdemeanors, as provided in the sixth section of this act; and shall give bond annually in the sum of one hundred dollars, with such surety as the trustees may approve, conditioned faithfully to pay over all such fines or forfeitures as may come to his hands, and shall, moreover, take an oath to discharge his duties as aforesaid. He shall within the limits of said town of Poplar Plains, as hereby established, have all the powers in civil and criminal matters which by existing laws, or by laws which may be passed by the present General Assembly, are conferred upon constables in the State. The marshal's fees shall be the same as are now allowed by the law to constables for similar services.

clerk.

§ 10. The trustees shall appoint a clerk from their own Shall appoint a number, who shall keep in a legible hand, in a book provided for that purpose, a full record of the proceedings of the board of trustees. Said clerk may be removed, whenever complaint is made, by the vote of three of the other trustees.

led.

11. A majority of the board of trustees shall fill all vaVacancies-how eancies, whenever any exists, in the office of trustees, police judge, or marshal, and the person thus elected shall remain in office until the succeeding annual election.

couducted.

§ 12. All elections under this act shall be conducted by the Electionshow clerk of the board, or, should he be a candidate for re-election, by some one appointed by said board for that purpose. The clerk shall, after each election, give to each officer a certificate of his election, who shall thereupon take the oath prescribed by this aet.

board.

13. The board of trustees shall meet at least once every Meetings of the month, and oftener when necessary; and should any member be absent two meetings in succession, he shall be liable to a fine not exceeding two dollars, to be recovered before the police judge of said town in the name of the chairman of the board of trustees.

estate.

§ 14. Said board shall have power to acquire real, personal, May hold real and mixed estate, by purchase or otherwise, for the benefit or ornament of said town; and shall have the power to sell and convey the same: Provided, The clerk of the said board shall give written notice of the intention of said trustees: And provided further, That within two weeks from date of notice a poll shall be opened, in which shall be recorded the votes of the citizens of said town for or against the proposition to buy or sell, and that their action shall be in accordance with the majority of votes thus cast.

§ 15. That the legal title to all streets and alleys in said town, and to all real, personal, or mixed estate, which now does or may hereafter belong to said town, shall be, and hereby is, vested in said board of trustees and their successors in office, and they shall have full power and authority to maintain and carry into judgment and execution any action or actions of trespass for any injury done to the same, and may in like manner carry into judgment and execution any other appropriate action or actions for the recovery of their property or damages for the detention, taking, injuring, or destruction of the same, and that the same processes may issue