several acts relating thereto, and amendatory thereof, shall apply to the company hereby created, and are made parts of this charter, except so much thereof as may be inconsistent with the provisions of this act. SEC. 8. That said company shall be allowed six years after the whole amount of stock shall be taken and subscribed, to complete the said road; and if the same shall not be completed within that time, this charter shall be void, and forfeited for so much of said road only as may not be completed and no more. Approved February 16, 1838. 1838. Six years al lowed to complete road. CHAP. 900-AN ACT to define and extend the powers of the Trustees of the town of South Frankfort. Limits defi Trustees to SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the town of South Frankfort, as laid off and described in a plat now of record in the Clerk's ned. office of the Franklin County Court, shall be known, and is hereby declared, to be the extent and limits of said town; that, hereafter, the fiscal, prudential and municipal concerns of said town shall be vested in five Trustees, who shall be elected annually, on the first Saturday in March, by the free white be elected. male inhabitants over the age of twenty one years, and who have resided in said town six months previous to said election: which said Trustees shall hold their offices for the term of one year, and until their successors shall be elected and qualified. That the said Trustees, before they enter upon the duties of their said office, shall take an oath before some Justice of the Peace, that they will faithfully, and without favor or affection to any one, discharge the duties of Trustees to said town during their continuance in office; that in case a vacancy shall take place in said Board of Trustees, they shall have power to fill such vacancy. That no person shall be a Trustee of said town who is not, at the time of holding the same, a citizen thereof, and who has not resided therein at least twelve months previous to his election. Trustees may SEC. 2. That said Trustees shall have power to make and receive all necessary conveyances in relation to the lots, make and restreets and alleys in said town. They shall have power over ceive conveythe streets, alleys and side-walks in said town: may direct the ances, &c. improvement of the same, in such manner as they may deem most beneficial to the interest of said town. They shall have power and authority to make all necessary by-laws, for the regulation and good government of said town, not inconsistent with the constitution and laws of this Commonwealth. They shall have power to lay and collect a tax upon the property as well as the citizens of said town, so as not to exceed in any one year the sum of five hundred dollars. They shall May collect a tax. 1838. have power to tax all groceries, auction sales, shows and exhibitions for money, such sum as they, by their by-laws, may declare. They shall have power to suppress all tipling houses, May suppress and to fine all those who may violate their by-laws in relation tipling houses. to said town, any sum not exceeding twenty five dollars for each offence, which may be recovered before the Police Judge of said town. They shall have power to declare what are nuisances within the limits of said town, and may, by their order, direct the same to be abated, or may by their by-laws impose a fine on whomsoever may have caused the same. They shall have power to remove and abate all and every obstruction in any street, alley, or side-walk, in said town of South Frankfort. They shall have power to provide for the security of said town against fire, by organizing one or more fire companies, defining their duties, and punishing, by adequate fines and other penalties, those who shall fail to perform the duties required of them. May organ ize fire compa nies. style, and corporate powers. SEC. 3. That said Trustees, and their successors in office, Name and shall be a body politic and corporate, and shall be known by the name and style of "the Trustees of the town of South Frankfort," and by that name and style 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 use either a common or private seal; and do all other acts, matters and things which a body politic and corporate, having perpetual succession, can lawfully and rightfully do. and marshal. SEC. 4. That it shall be the duty of said Trustees to apMay appoint point a Treasurer, Clerk and Marshal, and such other officers treasurer, clerk as they may deem necessary, and take from them, respectively, bond, with security, payable to the Commonwealth of Kentucky, in such penalty as the said Trustees, or a majority of them, shall direct, conditioned for the discharge of their respective duties: and for a violation of duty on the part of either of said officers, motions may be made, or suits brought, before any tribunal having jurisdiction thereof, in the same manner and under the same rules and regulations that motions are now made and suits brought, against Sheriffs, Constables, or other officers, for a failure of duty: and, moreover, the said Trustees, or a majority of them, shall have power and authority to remove either of them for failing to do their duty, and appoint others in their places. clerk. SEC. 5. That it shall be the duty of said Treasurer and Duty of the Clerk to keep a record of the proceedings which properly belong to their respective offices; and it shall be the duty of said Treasurer to render an account to said Trustees of all moneys received and paid out by him, whenever by them required so to do. SEC. 6. that it shall be the duty of said Trustees to appoint one of their own body Chairman of said Board; and that no money shall be drawn from the Treasury of said town, except by the order of said Chairman, in pursuance of allowances made by a majority of said Trustees: that a majority of said Trustees shall, at all times, constitute a quorum for the transaction of business. 1838. May appoint a chairman. Police Judge To take an His jurisdic tion & powers. His duty. SEC. 7. That it shall be the duty of the Governor, by and with the advice and consent of the Senate, to appoint a ju- to be appointed dicial officer to be styled the Police Judge of South Frankfort, who shall be commissioned, as such, during good behaviour, who, before he enters upon the duties of his office, shall take an oath to discharge the duties of his said office faithfully and oath. impartially, and to the best of his ability, without favor or af fection to any, together with such other oaths, of a general character, as are now required of other public officers. The said Police Judge shall have jurisdiction, within the limits of said town of South Frankfort, of all causes, civil and criminal, in which Justices of the Peace have jurisdiction, except as a court of enquiry in criminal cases, in which he shall have the jurisdiction now given by law to two Justices of the Peace, and shall proceed in the same manner that Justices are required to proceed in criminal cases. He shall have jurisdiction of all offences arising under the by-laws of said town of South Frankfort, and shall have power to enter judgment and award execution accordingly. It shall be the duty of said Police Judge to keep a record of his proceedings, a copy of which shall be evidence, and shall have the same effect as the records of Justices of the Peace in this Commonwealth. He shall have power to issue summons for witnesses to give evidence in causes pending before him, and upon their failing to attend, may award compulsory process to compel their attendance. He shall have power to fine and imprison for contempts: provided, however, that the fine shall not, in any case, exceed ten dollars, nor imprisonment twelve hours. He shall have power to order the Marshal to summon a jury, in any cause cognizable before him, where a jury would be required before a Circuit Court, or a Justice of the Peace. It shall be lawful for said Police Judge to take depositions, and certify the same, where they are to be used in evidence in any cause pending in any court in this Commonwealth. He shall be entitled to the following fees, to-wit: for a peace warrant, or for a rout, riot, unlawful assembly, or breach of the peace, fifty cents; for issuing a warrant for a violation of the by-laws of said town, or in any case where the Trustees thereof are plaintiffs, twenty five cents; for swearing a jury and presiding over the trial in any case, except forcible entry and detainer, fifty cents; for taking a recognizance to keep the peace, upon the application of any person, fifty cents, to be charged to the applicant; all other fees of said Police Judge shall be the same as those allowed to Justices of the Peace for similar services, and to be collected in the same manner. SEC. 8. That upon all judgments rendered, by said Police Ilis fees. 1838. powers and du ties. &c. to be applied. Judge, either party shall have the right to appeal from said SEC. 9. That it shall be the duty of the Marshal to serve all SEC. 10. All fines and forfeitures, in cases cognizable beHow fines, fore said Police Judge, shall be collected and paid to the Treasurer of said town, for the use and benefit of said town, any law to the contrary notwithstanding; and all moneys collected by a judgment of a Justice of the Peacce, for a violation of any penal law committed within the limits of said town, shall, in like manner, be paid over to said Treasurer. Present trus tees to serve uptil others are elected. SEC. 11. This act shall be in force from and after the passage thereof: provided, however, that the present Trustees shall continue to serve until their successors shall be elected, and duly qualified according to the provisions of this act, and all acts or parts of acts that come within the purview of this act are hereby repealed. SEC. 12. That all acts and parts of acts, authorizing the Repealing County Court of Franklin county to nominate or appoint a Justice of the Peace in and for the town of South Frankfort, be and the same are hereby repealed. clause. Approved February 16, 1838. CHAP. 901-AN ACT to incorporate the Bourbon County Agricultural Society. WHEREAS, Sundry individuals of the counties of Bourbon, Harrison and Clarke, have associated themselves together and formed a society, to be known by the name of the Bourbon County Agricultural Society, for the purpose of promot ing improvements in the various breeds of stock in the country, and in agriculture and domestic manufactures, and have adopted a constitution for the government of the same; and have in pursuance thereof elected James Garrard, President, and William P. Hume and N. L. Lindsay have been chosen Vice Presidents, and ten Directors to manage the concerns of said society; and for the purpose of giving it greater permanency, and to enable it to conduct its business with more regularity, an act of incorporation is deemed necessary-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said society be and is hereby created a body politic and corporate, with perpetual succession, to be known by the nnme and style of "the Bourbon County Agricultural Society," and by that name and style may sue and be sued, plead and be impleaded, defend and be defended, in all courts of law or equity; and shall be capable of purchasing and holding any quantity of land not exceeding twenty acres, and may sell and dispose of the same at pleasure; and may hold and enjoy estate, real and personal, for the exclu sive benefit of said society, subject to the limitation aforesaid; and may use the private seal of the President of said society as the seal of said corporation, and in all transactions whatsoever in which the said society may be a party; and may alter and change the same at pleasure. SEC. 2. That the fiscal, prudential and other concerns of said society, shall be under the control and management of a President, two Vice Presidents, and ten directors, (a majority of whom shall constitute a quorum to do business,) to be styled a Board of Directors, who shall be elected annually by the members of said society, at the annual meeting of the same, to be held at the court house in Paris, on the second Saturday in June in each year, or at such other time and place as said society, or its Board of Directors, shall order and determine: said President, Vice Presidents, and Directors, shall hold their offices for one year, and until their successors are duly chosen; they shall have power to fill all vacancies in said Board which may happen during the period for which they shall have been elected; and each individual member of said society shall have the right to vote in person, or by proxy, for the officers aforesaid. Treasurer, SEC. 3. That said Board of Directors shall have power to appoint a Treasurer, Secretary, and such other officers as &c. to be apshall be necessary, to enable said society, successfully, to man- pointed, and to age its concerns, and accomplish the objects of its creation; give bond. and may require of said officers bonds, with security, payable to the President and Directors of said society, conditioned for the faithful discharge of the duties of their respective offices; and for any failure or breach of duty on the part of said officers, said bonds may be put in suit, from time to time, in the same manner as the bonds of other defaulting public officers. |