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When trustore elected.

$5. The board of trustees shall be elected by the stock- 1863. holders, and shall serve five years, except as provided in section six; and each trustee shall have one vote.

§ 6. Inmediately after the first election, the trustees shall Trustees divide assemble, and shall be divided into three classes, of two in the first and second class, and one in the third ; and of these the first class shall serve one year, the second class three years, and the third class five years: Provided, That the functions of the trustees now in office shall coniinue as if they had been elected under this act, for one year froin the first day of September, 1862.

§ 7. The stockholders shall meet together on the first When trusto. Saturday in July, 1863, for the purpose of electing a full to bo elected. board of trustees under this act. and annually thereafter on the corresponding day of that month ; but if, at any time, a majority of the stockholders shall not appear at such meeting, then the vacancies shall be filled by the board of trustees; and vacancies created by death, resig. nation, or removal, shall be filled by the board of trustees.

98. The president of the board of trustees, the secrela- Torm of omoa. ry, and treasurer, shall hold office for two years ; but any of said officers shall be removable by a two-third vote of the trustees.

$9. It shall be the duty of the president of the board of Building to be trustees to keep the builling: insured and repaired, and insured, &c. properly inclosed, laid out into suitable play-grounds and walks, and properly set out in shade trees and other neces. sary improvements

9 10. All real estate purchased by this association shall Real ostato vertbe vested in the trustees and their successors, and shall be ed in trustees. forever held for the purposes of education, and shall never be diverted to any other purpose or use. § 11. The president of the board of trustees, or any three Called mest

ings. trustees, shall have power to call the stockholders together whenever they may consider it necessary.

$ 12. This association shall have all the power necessary to enable them to build up and carry on a high school in Vanceburg, Kentucky, with power to sue and be sued, plead or be impleaded in any of the courts of this Commonwealth § 13. This act shall take effect from its passage.

Approved February 4, 1863.

1863.

CHAPTER 779.
AN ACT to amend the 7th section of an act, entitled, "An act to es.

tablish a levy and county court for Jefferson county," approved Feb.
ruary 25th, 1854

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

$1. That justices of the peace in Jefferson county shall have exclusive jurisdiction, within said county, of motions upon bonds provided for in sections 720 and 721 in the Civil Code of Practice, where the property does not exceed in value filty dollars. 2. This act shall take affect from its passage.

Approved February 4, 1863.

CHAPTER 761.
AN ACT concerning the office of the sheriff of Marion county.

Be il enacted by the General Assembly of the Commonwcalth of Kentucky:

$1. That it shall not be any part of the official duty of the sheriff' of Marion county to collect any portion of the tax that may be laid from time to time, by ihe county court of said county, to pay the subscription of stock or interest on the same due from said county to the Louisville and Nashville railroad company. Said sheriff may be appointed collector of said tax by the county court, and is said ap: pointment be accepted the sheriff shall, as collector of said railroad tax, execute a bond, as now required by the charter os said company, and acts amenilatory thereof; and the said sheriff and his securities in said bond, as collector, shall be responsible for the faithful collection and proper payment of said tax by said sheriff as required by law; and the securities of said sheriff, on his official bonds as sheriff, shall not, in any way, be responsible for his acts of omissions as collector of said railroad tax.

$ 2. That should the sheriff refuse to accept the office of collector of tax the county court may appoint any

other person collector of said tax, who shall have power to colject in the same manner as sheriffs of this Commonwealth, and shall be required to give bond in the same inanner as the sheriff $ 3. This act to take effect from its passage.

Approved February 4, 1863.

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1863.

CHAPTER 782.
AN ACT providing for the payment of a judgment of Martin Looker,

& Co., against the Comtuonwealth.
Be it cnacled by the General Assembly of the Commonwculth
of Kentucky:

§ 1. That the sum of three hundred dollars be paid to the administrator or surviving partners of Martin Looker, late of the city of Louisville, in full satisfaction of a judgment recovered by them against the Commonwealth in the Louisville chancery court, for over payment of tax on billiard license, out of any money in the treasury not utherwise appropriated. $ 2. This act to take effect from its passage.

Approved February 4, 1863.

CHAPTER 783.
AX ACT to amend an act, entitled, an act to regulate the town of Fal.

mouth, approved February, 1836.
Be it enacted by the General Assembly of the Commonuculih
of Kentucky:

§ 1. That so much of the 2d section of the act aforesaid, as provides that, to constitute an election of the trustees of said town three-fourths of those entitled to vote residents within said town shall have voted; and so much as provides that, if within three days the requisite number of votes cast, the incumbent shall remain in office until their successors are elected, be and are hereby repealed, and that hereafter, to constitute an election of trustees of said town, a majority of those entitled to vote, residents within said town, shall have voted; and if such majority do not vote within three days now prescribed by law that those six voted for as trustees having the largest number of votes cast shall be the six trustees for the ensuing year: Provided, that if a majority of those entitled to vote shall have voted on the first day of the election the judges of the election shall close the same at the hour of 5 o'clock in the af. ternoon, ani declare the six voted for as trustees having the largest number of votes duly elected for the ensuing year. 82. This act shall take effect from and after its passage.

Approved February 4, 1863. 57

1863.

CHAPTER 784.
AN ACT for the benefit of N. P. Saunders.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky :

§ 1. That N. P. Saunders, late police judge of Shepherdsville, shall have two years from the passage of this act to collect his fee bills, with the right to distrain for the same. $ 2. This act to take effect from its passage.

Approved February 4, 1863

CHAPTER 785.
AN ACT to au:horize the county court of Union county to increase

the county levy of said county.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That the county court of the county of Union be and it is hereby authorized to increase the county levy of said county to any sum not exceeding two dollars on each tithable therein.

2. This act shall be in force for three years from its passage.

Approved February 4, 1863.

CHAPTER 786.
AN ACT to amend the charter and laws of the city of Newport

, in
Campbell county.
Resolved by the General Assembly of the Commonwealth of
Kentucky:

§ 1. That, as a further remedy to those now allowed by Ponally added law for enforcing the lien of the city, on real estate for the carried forward delinquent taxes which have been or may be hereafter and added levied thereon, and for the penalty and costs under the wy.

authority of the city of Newport, there shall be ailded to the amount of each tax bill twenty per cent. penalty for the first return of delinquency; and the amount of the tax bill, penalty, and costs may be carried forward and added to the next annual tax bill on the same property, and shall constitute one of the items in the same, and so on, from year to y-ar, there being twenty per cent. penal:

ty added to the amount of the bill for each year, the same Lion on proper. shall be returned delinquent. And a lein in favor of the ty for taxes, pen. alties, &c. city shall attach to, exist, and continue upon, the property

for all the taxes, penalties, and costs, until the same is fully paid; and the city may, at any time when it shall deem

taxation.

the amount of taxes, penalties, and costs sufficient to jus- 1863. tify it, proceed to enforce the lien on the property, by suit in equity in the circuit court of the county, under the general laws of the State, as other liens are enforced and with like effect.

§ 2. The owners of all property in the city shall be deern- All property ta ed to have notice of the fact that the same is subject to general & spect

city subject to general and special taxation by the city; and the same shall be held subject to the taxes assessed thereon, and the penalties, and costs, until the same shall be fully paid and satisfied. And when any assessor of the city shall return any real estate for taxation, that the owner ihereof is unknown, the suit of the city may be against the properiy and the unknown owner thereof, who may be proceeded against as non-residepis are ; but in such case, and in the cases against non-resident delinquents to enforce the lien of the city as aforesaid, the city shall not be required to execute any bond before judgment as required by section — of the Civil Code of Practice; nor shall the city be required to execute any bond for co-st: in cases for the enforcement of her tax lien as herein mentioned.

§ 3. In all suits by the city, to er,force tax liens under Certifed copies this act, the certified copies of the delinquent bills showing Cills ovidence. the taxes, penalties, and costs claimed, shall be deemed prima lacic evidence of the correctness of the claims asserted. The original delinquent bills returned shall remain in the clerk's office of the city, as part of its records; and the city clerk shall furnish the city with certified copies thereof.

$ 4. The city has power to provide, by ordinance, for city has powor paving or repairing the pavements, from time to time, of improv's strito any part of any side-walk, or for repairing, from time to alleys, &c., and

how paid for, tiine, any part of the metal on any part of any street, alley, cominon, or space, or for cleaning the same, or clearing out obstructions therefrom. And if the city shall do the work, the expense and costs thereof, as audited and fixed by the city council, shall be charged up to and apportioned equally upon the front foot of the lots fronting such work on the side of the street, alley, space, or coinmon where the same shall be done, and shall constitute a special tax debt against the property and owners of such lots, or parts of lots, and a lien shall exist in favor of the city upon such lots or parts of lots for the payment thereof, with all penalties, costs, and expenses incident thereto.

5. l'he city has power, by ordinance, for requiring per. May have ponds sons to drain or fill up any punds upon their property op, and abato which the council shall, on proper consideration, is a nui- uuisances. sance; and upon default of such owner to proceed to abate such nuisance, when it has been so declared by the city council, or shall create or have any other nuisance upon private property, he or she shall be liable to prosecu

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