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1863. tion under the ordinances of the city; and the city may

fill up, drain, or otherwise abate the same, and the expense anll 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 When bills to be costs shall be audited and fixed. as provided in the two last placed in hands sections, bills for the same shall be 'made out by the city offrontemente ao clerk and placed in the hands of the city treasurer for colbills returned, lection ; 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 ainount 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 strert, 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.. retirocco. We delinquent for any general or special tax, and the name of linquently the owner, if known, and the amount of the tax, penaliy,

and costs, and date of the bill, and of its retuin as delin. quenis, 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 deenied evidence of the facts shown in such copies. The clerk shall keep a proper index to such records.

$ 8. The city council has full power to pass all ordinan. May pass ordi

ces deemed nessary, for the government and protection of tect cits propis, the public property of the city, including all cemeteries or

other property within or without the city limits, and to affis fines and penalties to a violation thereo?, not excredo ing 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 watchinan within said city, and by any peace officer outside of the city and within this State.

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and marshal.

§ 9. The city council may appoint a weigher and meas. 1863. urer for the ity, and a supervisor of weights and measures,

May appoint and prescribe his or their duties, and fix his or their fees; wesher and may by ordivance, regulate the subject, not inconsis- messuier. tent 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 Fees nf mayor same as the fres of justices of the peace and

county court and quarterly court judges fur like services, and for his service-, and those of the city marshal, under the ordinances and by-laws of the ciiy, the fees shall be such as shall be fixed and regulated by the city council, and a docket fee of rocket reo to bo not to exceed one dollar shall be tased up as costs in lavor ofcity.

taxoil for be neft 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, apo mayor inay, by an entry on his docket, appoint some suita- lis court. ble 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 may- Justico of peace or so that he cannot, for the time being, perform the duties of mayor. of bis office, or in case of his continued absence froin 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 inayor's office, and such justice shall have all the powers of the mayor while acting in such capacity.

$ 12. That here alter all appeals taken from the mayor's How appeals to court, or any justices court in said city, to the quarterly, or to be for benefit circuit court of Campbell county, in penal cases, shall be or com.schools. taken to the terms of such quarterly or circuit courts held in said city; and all fines assessed in said city, in the inay. or'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 mort- Abstract of gage for real estate, in the city of Newport, or lease there.

mo't rage, &c.,

to be entered by of for more than five years, to be effective as evidence, clerk of city. 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

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1863. of the lot, if any, and such other matters as the city coun

cil may, by ordinance, reqnire. 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 Fees of clerk, and penales for services in each case mentioned in the last section above, Salare of duty. if the said city clerk shall willully tail to perform any of

the duties enjoined upon him by this act, he shall be liable to a fine of riot 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 haring jurisdiction,

15. In all elections under the charter and laws of the ballot Vote to be by city, the vote shall be given by ballot, and the ballot boxes

shall be provided by the city council.

$ 16. Upon judgments for fines rendered in the mayor's ton muy been 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. 'Ihat section eleven of the act, entitled, " an act to Taxes may be amend the charter of the city of Newport," approved FebIncreased.

ruary leth, 1860, be so amended, as that the city council shall have power to increase the taxes to a rum not exceeding one dollar per annum on the hundred dollars valuation of assessed taxable property in said city of Newport, choses in action, etc., laxed according to its value.

§ 18. If in making a fill, in the grading of any part of Cu’verts may be any street, alley, or space, it shall be deemed necessary to bude.

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 improve meni, 1o be distributed and charged as a special tax upon the front of the lo x, under existing laws.

$ 19. This act shall not be deemed to repeal any portion of ihe charier or laws of the city of Newport, escept where the same are inconsistent herewish. 20. This act shall take effect from its passage.

Approved February 4, 1863.

forcod.

sets for benefit

CHAPTER 787.

1863. AN ACT to amend the charter of the Springfield Union Agricultural

and Mechanical Association. Be it cnucled by the General Assembly of the Commonwealth of Kentucky :

§ 1. That the president and managers of Springfield May assign as 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 brought for en: governed by the third, fourth, filth, and seventh sections of ment. an act, entitled, “ An act to prevent fraudulent assignments in trust for creditors and fraudulent conveyances," approved 101h of March, 1856. $3. That the real estate and fixtures belonging to said If brooght by

company, association shall be bought by any company, for the pur- have bedent of poses 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.

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to

charter.

CHAPTER 789.
AN ACT allowing John Jones, of Lawrence county, to érect a mill-

dam across Wolf Creek.
Be il 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 cnacled by the General Assembly of the Commonucalih
of Kentucky :

s 1. That in settling with A, J. Wright, sheriff of the county of Trimble, for the public revenue due from that counts 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 assessor'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 ihe powers, privileges, &c., of the officers 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 jurisdiction-therefore,

Be il enacted by the General Assembly of the Commonwcallh 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 subpena, shall be filteen 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 profinc, 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 misdeineanor, returnable before the police judge, filty cents; for serving a subpena, fifteen cents; and for other services the same fees now al. lowed by law; and he is authorized to serve any warrant, and do any business, that a constable is authorized to execute or perform.

Approved February 4, 1863.

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