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1854.

to superintend

city government

rected; but the mayor and council are authorized to ap point the sheriffs and judges for such elections; the sher iffs and judges shall certify the returns of elections to the mayor, and the mayor and council shall meet within five days after such elections, inspect and compare the returns and declare the result, and cause the persons elected to be notified thereof; and on the second Monday of May de liver over to their successors all records, papers, and prop erty in their hands to their successors.

§ 32. John H. Lambert, James Rouse, W. Brewster, L. Commissioners F. Danforth, Elijah W. Worsham, and James E. Rankin organization of are hereby appointed commissioners to superintend the organization of the city government under this charterthe acts of a quorum to be valid and in all respects bindTo take an oath. ing. Said commissioners are required to make oath or affirmation before a civil magistrate, or other officer au thorized to administer oaths, before entering on the dis charge of their duties, and their commission shall terminate so soon as the government shall be organized as prescribed in this act.

Officers re quired to give

bond.

bond.

§33. The common council shall have full power to cause each officer appointed by them, before he enters upon the duties of his office, to execute bond in such penalty as they may direct, (by ordinance.) with such security as they Condition of may approve, conditioned that he will faithfully discharge the duties of his office, and fully pay over to the treasurer, when required by order of the council, all moneys which he may have received by virtue of his office; which bond shall be filed away by the clerk. Each and every bond required or authorized to be executed by this act, by any city officer, (except as otherwise provided,) shall be executed to the "city of Henderson;" and upon all such bonds suit may be brought, and judgment recovered in any of the courts of this commonwealth. All suits commenced hereafter and prosecuted for and on behalf of said city, shall be in the name of the "city of Henderson."

lic act and judi cially noticed.

§ 34. This act shall be a public act, and be judicially This act a pub noticed and liberally construed by all courts in this state; and in pleading it shall not be necessary to recite the bylaws or ordinances of the mayor and council, but it shall be sufficient to refer to their date, title, and section; the rights and privileges herein granted shall not be taken away or affected by any law hereinafter made, unless the corporation hereby created shall be expressly named therein; and the fact of any person being a citizen of the city of Henderson shall not render such person incompetent to be a witness in any suit to which the city may be a party. §35. This act shall be in force from and after its publiWhen to be in cation in the Henderson Reporter and Henderson Courier, and its ratification by the vote of a majority of the quali fied voters of said town, under this act--the ratification election to be held on the third Monday of March next at

force.

Ratification when

election, when to be held.

1854.

When act incorporating the

the court house in said town of Henderson, and to be conducted as prescribed above. Notice of the same shall be given one week by publication in the above named papers, or either one of them, so far as to authorize an election on the first Monday in May, 1854; and front that time the act, entitled, an act to incorporate the town of Henderson, and town of Hender. all other acts coming within the purview of this act, are hereby repealed: Provided however, that the legislature shall at any time have the right to repeal, alter, or amend peal, &c. reserv this charter.

Approved February 18, 1854.

son to stand re

ed.

Power to re

CHAPTER 203.

AN ACT concerning the Jail of Boone county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the county court of Boone county, at its March term, 1854, or any regular term thereafter in the year 1854, (a majority of all the justices of the peace for said county concurring,) to impose and increase the levy of said county upon each and every tithe in the county subject to the payment of county levy tax, any sum not exceeding one dollar, for the purpose of defraying the expenses of building a new jail for said county; and may make such other and further orders in relation thereto as may be necessary.

Approved February 18, 1854.

CHAPTER 204.

AN ACT for the benefit of School District No. 4, in Clinton county.. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the superintendent of public instruction be and he is hereby directed to draw his warrant upon the auditor of public accounts for forty-six dollars and eighty cents, in favor of the school commissioners of Clinton county, to be paid to the trustees of school district No. 4, in said county, for the benefit of the common school taught therein during the year 1850: Provided, said sum shall be charged to said county, and deducted from its portion of the income of the common school fund.

Approved February 18, 1854.

1854.

CHAPTER 205.

AN ACT to change the lines of the 4th and 5th Magistrates' Districts, in
Grayson county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the presiding judge of the Grayson county court be and he is hereby authorized so to change the lines of the 4th and 5th magistrates' districts, in Grayson county, as to include Jacob Pirtle, Benjamin Q. Fulkerson, and James F. Langley in the 4th district, instead of the 5th; which change shall be made upon a county court day, and entered upon the order book of said

court.

Approved February 18, 1854.

May hold land.

And borrow money.

CHAPTER 206.

AN ACT to amend the charter of the Bourbon County Agricultural Soci ety.'

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Bourbon county agricultural society shall be authorized to purchase and hold any amount of land not exceeding fifty acres; and any pur chases which said society has heretofore made are hereby legalized and made valid.

2. That said society are authorized to borrow any sum or sums of money, not exceeding ten thousand dollars at any one time, at any rate that may be agreed upon, not exceeding eight per cent. per annum, and may issue the bonds of said society for the money so borrowed, or any other amount said society may owe, bearing interest at a rate not exceeding eight per cent. per annum, and in sums not less than one hundred dollars, which bonds shall be signed by the president and secretary, and sealed with the seal of the corporation.

Approved February 18, 1854.

CHAPTER 207.

AN ACT to authorize the Graves County Court to change State roads. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the county court of Graves county shall have power and authority to change any part of any state road within the limits of said county, under the same rules, regulations, and restrictions that govern such cases by the general laws of this commonwealth in directing changes in other roads.

Approved February 18, 1854.

CHAPTER 208,

AN ACT to authorize the Harrison County Court to levy a tax to pay for
Court House and Jail.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Harrison county court be and is hereby authorized to levy a capitation and ad valorem tax on all white titheables and property in said county subject to taxation for state or county purposes under existing laws, not to exceed in any one year more than three cents on the one hundred dollars worth of property nor more than one dollar on the head, in addition to what said court is now by law authorized to levy. This power is given for the purpose of paying the debts of said county incurred in building the court house and jail, and the interest thereon; the power vested by this act in said court is to continue only for five years, and to be exercised annually; and if the tax collected under this act liquidates the debts and interest aforesaid, before the expiration of five years, then this act is not to continue in force, after said liquidation.

2. The sheriff of said county is hereby empowered to collect said tax, under the same rules, regulations, and penalties as now prescribed by law, and pay it over as the county levy is now paid.

Approved February 18, 1854.

1854.

County court may levy a tax

until debts are paid.

Sheriff to collect.

CHAPTER 209.

AN ACT to amend an act incorporating the Jefferson and Brownsboro'
Turnpike and Plank Road Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Jefferson and Brownsboro' Turnpike and Plank Road Company to erect half toll gates on the completion of any two and a half miles of said road, and the directory may, at their discretion, reduce the metal or rock on said road to ten feet in width, after the first five miles next the city of Louisville. Approved February 18, 1854.

CHAPTER 211,

AN ACT for the benefit of the town of Carrollton.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That whenever a vacancy shall occur in the office of marshal of the town of Carrollton, by death or otherwise, the citizens of said town shall elect another marshal for the residue of the term, the time and place of said election to be fixed by the trustees of said town, and advertised ten days previously thereto.

1854.

§ 2. That a vacancy now existing in the said office of marshal may be filled in pursuance of the first section of this act.

Approved February 18, 1854.

CHAPTER 213.

AN ACT for the benefit of Thomas S. Bryan, late Sheriff of Christian county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Thomas S. Bryan, late sheriff of Christian county, be allowed the further time of two years, from and after the passage of this act, to collect all arrearages of taxes, fee bills, and county levies which are in his hands uncollected, and that said Bryan be allowed to place said taxes, fee bills, and county levies in the hands of any sheriff, deputy sheriff, or constable of Christian county for collection, at any time within the period aforesaid. Approved February 18, 1854.

CHAPTER 214.

AN ACT to authorize the Calloway County Court to change the State road in said county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Calloway county court shall have power to change so much of the state road leading from Canton, in Trigg county, to Murray, in Calloway county, as lies between the houses of James Ross and Lewis Oglesvie; also that portion of the same road lying between the town of Murray and the bridge across Clark's river: Provided, that said court, in making said changes, shall be governed by the general laws now in force in relation to roads in this commonwealth, and that before any such changes be made, the proposed roads shall be opened and put in good order.

Approved February 18, 1854.

CHAPTER 215.

AN ACT to compensate the Commissioners of Common Schools in Chris
tian county for districting the county into School Districts.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the Christian county court is hereby au-
thorized, in its next or some subsequent levy, to levy a
sum sufficient to pay for a thorough re-adjusting and dis-
tricting the said county into school districts, to be paid to
the commissioners of common schools, in said county,
whose duty it shall be to perform the labor indicated.
Approved February 18, 1854.

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