1863. When bills to be made out and placed in hands of treasurer, and when delinqu'nt bills returned, &c. linquent to enter'd by el'k. tion under the ordinances of the city; and the city may fill up, drain, or otherwise abate the same, and the expense and costs thereof, as audited and fixed by the city council, shall be charged up to such property and the owner thereof'; and a lien in favor of the city shall exist on such property for the same, and all penalties and costs incident thereto. § 6. Within reasonable time after the said expense and costs shall be audited and fixed. as provided in the two last sections, bills for the same shall be made out by the city clerk and placed in the hands of the city treasurer for collection; and if not paid in thirty days after the bills come to his hands, he shall return the delinquent bills as such to the clerk's office of the city, and the clerk shall add twenty per cent. penalty thereto. And the amount of each delinquent bill may be carried forward and added as an item to the next annual tax bill against the same property, and so on, from year to year, an additional twenty per cent. shall be made and the amount carried forward until paid, or the city shall enforce her lien. And the same remedy may be had by the city for enforcing the special taxes, penalties, and costs mentioned in this act as is provided herein for enforcing the payment of the annual city tax; and the same proceeding may be had on all bills for special taxes for making or improving any part of any street. alley, space, or common, where such bills shall be returned delinquent, and the same penalties and costs may be added, and the amount carried forward in the same way, and enforced by suit as in this act provided. § 7. The number of each lot or part thereof returned No. of lots, &c. delinquent for any general or special tax, and the name of the owner, if known, and the amount of the tax, penalty, and costs, and date of the bill, and of its return as delinquents, and such other matters relating to the tax as shall be required by the city council, shall be regularly and systematically entered by the city clerk, in proper record books to be kept in his office for that purpose; and certified copies of such entries shall be deemed evidence of the facts shown in such copies. The clerk shall keep a proper index to such records. May pass ordi pances to pro &c. 8. The city council has full power to pass all ordinances deemed nessary, for the government and protection of teet city propty, the public property of the city, including all cemeteries or other property within or without the city limits, and to affix fines and penalties to a violation thereof, not exceeding one hundred dollars, which may be enforced in the mayor's court of said city. And for a violation of the or dinances of said city, arrests may be made by the marshal or his deputies, or any watchman within said city, and by any peace officer outside of the city and within this State. ure 9. The city council may appoint a weigher and measfor theity, and a supervisor of weights and measures, and prescribe his or their duties, and fix his or their fees; and may by ordinance, regulate the subject, not inconsistent with the standard weights and measures of this State, and may enforce such regulations by adequate penalties. § 10. The fees of the mayor of said city shall be the same as the fees of justices of the peace and county court and quarterly court judges for like services, and for his services, and those of the city marshal, under the ordinances and by-laws of the city, the fees shall be such as shall be fixed and regulated by the city council, and a docket fee of not to exceed one dollar shall be taxed up as costs in favor of the city, in all penal cases had in the mayor's or any justices court in said city, which fees may, by ordinance, be appropriated to the city attorney as part compensation for his services as prosecutor and solicitor; but in no such case shall a docket fee be taxed against the city. And the mayor may, by an entry on his docket, appoint some suitable person to act as clerk of his court, and may revoke such appointment when he shall deem it proper to do so, and may appoint another. Any person, so appointed, shall have power to perform all the clerk's duties pertaining to the mayor's office. § 11. That hereafter, in case of the sickness of the mayor so that he cannot, for the time being, perform the duties of his office, or in case of his continued absence from the city for more than two days at any one time, the mayor, or in case he shall fail to do so, the president of the city council, shall, by a written order, require some justice of the peace of the city to hold the mayor's court during such absence or inability of the mayor, and until he shall resume the duties of his office; said written order shall be noted of record in the mayor's office, and such justice shall have all the powers of the mayor while acting in such capacity. 12. That hereafter all appeals taken from the mayor's court, or any justices court in said city, to the quarterly or circuit court of Campbell county, in penal cases, shall be taken to the terms of such quarterly or circuit courts held in said city; and all fines assessed in said city, in the mayor's or justices courts, or on appeals from such court, shall be exclusively for the use of the public schools in said city. § 13. That hereafter every deed of conveyance and mortgage for real estate, in the city of Newport, or lease thereof for more than five years, to be effective as evidence, shall have an abstract thereof entered by the clerk of said city, in a well bound record book, to be provided by the city and kept in the clerk's office thereof for that purpose; said abstract shall contain the names of the grantors and grantees, and the date of the deed or writing, and a short description of the property conveyed, including the number 1863. Fees of clerk, failure of duty. of the lot, if any, and such other matters as the city council may, by ordinance, require. The clerk shall certify upon such record, and upon the deed or writing, over his signature, the true date of the entry of the abstract, and the page of the record book where entered. At the time of the entering the abstract the names of the grantors and of the grantees shall be entered in a cross-index, to be kept to each record book. 14. The clerk's fee shall be twenty-five cents for his and penalty for services in each case mentioned in the last section above, if the said city clerk shall wilfully fail to perform any of the duties enjoined upon him by this act, he shall be lia ble to a fine of not less than five nor more than twenty dollars for each offense, recoverable in the name of the Commonwealth, for the use of said city, in any court hav ing jurisdiction, 15. In all elections under the charter and laws of the Toe to be by city, the vote shall be given by ballot, and the ballot boxes shall be provided by the city council. ballot. Writs of execution may be enforced. increased. § 16. Upon judgments for fines rendered in the mayor's court, or any justices court in said city, writs of execution, as provided in the Revised Statutes, may be issued and enforced against the property or person of the defendant. § 17. That section eleven of the act, entitled, “an act to Taxes may be amend the charter of the city of Newport," approved February 18th, 1860, be so amended, as that the city council shall have power to increase the taxes to a sum not exceeding one dollar per annum on the hundred dollars valuation of assessed taxable property in said city of Newport, choses in action, etc., taxed according to its value. Cu'verts may be made. § 18. If in making a fill, in the grading of any part of any street, alley, or space, it shall be deemed necessary to make a culvert in such fill to carry off the water, the city may add the expense of such culvert to the costs of the im provement, to be distributed and charged as a special tax upon the front of the lo s, under existing laws. 19. This act shall not be deemed to repeal any portion of the charter or laws of the city of Newport, except where the same are inconsistent herewith. § 20. This act shall take effect from its passage. Approved February 4, 1863. CHAPTER 787. AN ACT to amend the charter of the Springfield Union Agricultural and Mechanical Association. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1863. May assign assets for benefit § 1. That the president and managers of Springfield Union Agricultural and Mechanical Association are author creditors. ized to make an assignment of all its assets, real, personal, and mixed, for the use and benefit of all its creditors; the assignment shall be recorded in the clerk's office of the Washington county court, and shall take effect from the date of its acknowledgment by the president thereof before said, and its being lodged for record. But all existing lien upon its property, before the making of said assignment, shall not be effected thereby. § 2. That any suit brought for the purpose of enforcing said assignment, and the settling of the same, shall be governed by the third, fourth, fifth, and seventh sections of an act, entitled, " An act to prevent fraudulent assignments in trust for creditors and fraudulent conveyances," approved 10th of March, 1856. § 3. That the real estate and fixtures belonging to said association shall be bought by any company, for the purposes for which association was formed, upon their filing in the Washington county court clerk's office their declaration that such is their object, they shall have all the rights and privileges that the said association now has under its charter, and hold the said property for the same purposes. § 4. This act shall take effect from its passage. Approved February 4, 1863. How suit to be brought for enment. forcing assign If brought by company, to have benefit of charter. CHAPTER 789. AN ACT allowing John Jones, of Lawrence county, to erect a milldam across Wolf Creek. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John Jones, of Lawrence county, shall have the right to erect a mill-dam across Wolf creek, in Lawrence county, at the the third bend of said creek above the Pigeon Roost fork of said creek, the dam not to exceed six feet in height. § 2. This act shall take effect from its passage. Approved February 4, 1863 1863. CHAPTER 790. AN ACT in relation to the settlement of the public revenue for the county of Trimble for the year 1862. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That in settling with A. J. Wright, sheriff of the county of Trimble, for the public revenue due from that county for the year 1862, said settlements shall be made according to the assessors lists recently returned from that county to the Auditor's office, and by which the revenue for that year from said county was collected, instead of charging him with the revenue appearing due by the asses sor's books for that county for the year 1861. § 2. This act shall take effect from and after its passage. Approved February 4, 1863. CHAPTER 791. AN ACT for the benefit of the town of Somerset. Whereas, it is represented to this General Assembly that doubts exist as to the powers, privileges, &c., of the offi cers of the town of Somerset; and whereas, by a special act of this General Assembly, approved on the day of December, 1861, giving the police judge thereof civil ju risdiction-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the election of trustees for said town shall be held on the first Monday of January in each year in the manner now prescribed by the charter of said town. §2. That the fees of the police judge, for issuing a subpœna, shall be fifteen cents; for rendering and recording a judgment, fifteen cents each; issuing an order of sale, twenty-five cents; trying and committing a runaway slave, fifty cents; for issuing a capias profine, twenty-five cents; and for other services the fees now allowed by the 20th section of the town charter. § 3. That the fees of the marshal of said town shall be for executing a summons for a misdemeanor, returnable before the police judge, fifty cents; for serving a subpœna, fifteen cents; and for other services the same fees now allowed by law; and he is authorized to serve any warrant, and do any business, that a constable is authorized to exe. cute or perform. Approved February 4, 1863. |