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1860.

§3. That the said marshal, and all marshals hereafter elected in said town, shall have power to appoint a deputy, to be sanctioned by the board of trustees, and to take the oath of office as required now of the marshal. § 4. This act to take effect from its passage.

Approved January 14, 1860.

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CHAPTER 58.

AN ACT to authorize the County Court of Anderson county to levy and collect a tax for certain purposes.

WHEREAS, It is represented to the General Assembly that the court-house, circuit and county court clerks' offices, of Anderson county, were consumed by fire on the 3d day of November, 1859; and that the county levies of said county, when collected, after defraying the expenses of said county, are insufficient to rebuild the same; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky.

§ 1. That it shall and may be lawful for the county court of Anderson county, a majority of the justices of the peace for said county being present and concurring therein, to levy and collect such an ad valorem tax upon the real and personal property assessed for revenue purposes, as may be sufficient to build a court-house, circuit and county court clerks' offices: Provided, That said tax shall be levied and collected in not less than two annual installments; nor shall the gross amount of said tax, when collected, exceed the sum of fourteen thousand dollars.

§ 2. The sheriff of the county for the time being shall collect said tax at the same time, and in the same manner, that the revenue of the State is collected, and for the same rate of compensation; and shall account to and with the county court, and pay over the same when legally required so to do; and for a failure to settle and account for, or to pay over, said tax, he, and his sureties on his official bond, shall be subjected to the same motions, suits, and remedies as may now be had against sheriffs for failure to settle and account for, or pay over, the county levy.

§3. This act shall take effect from and after its passage. Approved January 14, 1860.

CHAPTER 59.

AN ACT authorizing William H. Payne, Judge of Warren county court, to qualify as executor of his deceased mother.

WHEREAS, By an act of the General Assembly of the Commonwealth of Kentucky, passed and approved on the 17th day of February, 1858, it is made unlawful for any county judge, or clerk of any county court, to be appointed executor, administrator, or guardian, in the county in which he holds said office, and accept said appointment and act thereunder; therefore,

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

That William H. Payne, the present judge of the county court of Warren county, be, and he is hereby, authorized to qualify as executor of his deceased mother, Mrs. Catharine T. Payne, according to the appointment in said Catharine's will; and that one of the justices of the town district, in said county of Warren, be, and he is hereby, authorized and directed to receive the proof of the will of the said Catharine, and to order the same to record, and in all things to have the same power as if he was the acting county judge of said county; to receive the bond and securities of the said William H. Payne as executor as aforesaid, and to settle with said Payne his accounts as executor, and order the same to record; and all the acts, orders and proceedings of said justice shall be as binding and obligatory upon the said William H. Payne and his securities as though he was the acting judge of said county court of Warren. This act to take effect from its passage.

Approved January 14, 1860.

1860.

CHAPTER 60.

AN ACT to amend the charter of the Jefferson Insurance Company, of Louis

ville.

WHEREAS, The Jefferson Insurance Company, of Louisville, are desirous of changing the mode of their business from that of a stock company to the mutual plan of business; therefore,

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

§ 1. That the charter of the Jefferson Insurance Company be, and the same is hereby, altered and amended so as to allow said company to transact its business upon the plan as herein set forth. In the month July of each year the profits of the year shall be ascertained, and, if found sufficient, shall be divided as follows: ten dollars per share shall be declared in cash, payable to the stockholders, and all the remaining profits shall be divided to policy-holders

How profits divided.

1860.

Fund represented by scrip

Josscs, &c.

of cargo insurances; and scrip shall be issued to them for such sums as they shall be respectively entitled to, in proportion to the amount of premiums paid by each, which scrip shall be entitled to interest at the rate of six per cent. annually; but no scrip shall be issued for a less sum than five dollars; and each scrip for a larger sum shall only be for an exact multiple of five dollars.

§ 2. The fund represented by said scrip shall be applicable to its entire extent for all losses and expenses exceedto be liable for ing the profits of any year; each later annual issue of scrip to be first reduced or wholly cancelled before any previous annual issue is reduced; and all the annual issues to be canceled before the capital of the company, or any portion thereof, shall be applicable to such losses.

When fund $150,000, stock

shall amount to

be taken in.

§ 3. Whenever the fund represented by the outstanding scrip shall amount to one hundred and fifty thousand dollars, the entire stock of the company shall be taken in, and of company to the stockholders shall be paid the cash value thereof, and a bonus in addition of ten dollars on each share; the directors in the meantime, however, may purchase the stock at a price not exceeding its value on the books of the company: Provided, Such purchase shall at no time diminish the assets below the present paid up and secured capital. § 4. Whenever the directors find the company in a position, according to section third, to call in the entire stock, notice thereof shall be given in two of the daily papers of the city of Louisville during five consecutive days, of their intention to do so, and all dividends or interest on said stock shall thenceforth cease.

Whenever

stook to be call

ed in, notice to

be given.

§ 5. After the stock has been absorbed, the excess of Whon stock to the funds, represented by scrip over one hundred and fifty be applied to thousand dollars, shall be applied to the redemption of the scrip, the earliest issue to be first redeemed.

sorip.

Votes.

§ 6. Each share of stock and each one hundred dollars of scrip shall entitle the holder to one vote at any election for directors, or at any meeting of scrip and stockholders. § 7. All amounts, the scrip for which shall not be taken within one year from its date, shall be forfeited and become the property of the company.

§ 8. This amendment shall take effect when accepted by a majority of the directors and recorded on the minutes of their proceedings.

§ 9. Such portions of the charter as may conflict with this amendment are hereby repealed.

Approved January 14, 1860.

CHAPTER 61.

AN ACT for the benefit of T. Surber and his deputies.

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

That Thomas Surber, late sheriff of Pulaski county, and his deputies, have the further time of two years to collect any arrearages of taxes, county levies, and fee bills, that may have been put in their hands for collection during the years 1851 and 1852, with the same powers to coerce payment which they had by law during the time they were in office.

1860.

Approved January 14, 1860.

CHAPTER 63.

AN ACT to incorporate the town of Uniontown, Union county.

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

Boundary of

§ 1. That the town of Uniontown, in Union county, is hereby incorporated, with the following boundaries: Be- town. ginning on the Ohio river, at low water mark, at a stake twenty-five feet below the mouth of the slough, immediately below Funk's pork-house; thence north 55 degrees east, far enough to intersect the line of Seventh street, to the eastern corner of block No. 37; thence from said corner a direct line to the southeastern corner of the plat of Francisburg, in Seventh street; thence up Seventh street of said plat far enough to include out-lot No. 7; thence with said out-lots to Highland creek, and down said creek to the river.

§ 2. There shall be seven councilmen elected in said town, Seven councilwho shall, before they enter upon the discharge of their men elected. duties, take an oath before some justice of the peace of said county, that they will faithfully and impartially discharge the duties of the office aforesaid; that said councilmen and their successors shall be a body politic and corporate, and shall be known as the "Board of Councilmen of the town of Uniontown," and by that name shall be capable of contracting and being contracted with, of suing and being sued, of pleading and being impleaded, in all courts in this Commonwealth.

Police judge marshal

elected.

3. That there shall be elected for said town a police judge and town marshal; and all persons in said town who and are, under the laws of this Commonwealth, qualified voters, shall be competent electors for councilmen, police judge, and marshal of said town. The police judge, councilmen, and town marshal shall be elected on the first Monday in August, 1860, and hold their offices for the term of two

1860.

Vacancy-how

filled.

commissioned by Governor.

To take oath.

ke.

years, or until their successors are qualified; and in case of the vacancy of either of said offices, they shall be filled by an election to be held for that purpose, ten days' notice thereof having been given, by publication in some newspaper in said county, or at three public places within the limits of said town, should there be no newspaper published in said county.

§4. That before the police judge enters upon the disJudge to be charge of the duties of his office, he shall receive a commission from the Governor, which shall be given upon the councilmen certifying to the Governor that he has been duly and legally elected to said office. He shall take an oath the same as county judges are required to take. He shall have jurisdiction in all cases, civil, criminal, and penal, which may occur within the limits of said town, the same as conferred by law on justices of the peace; and shall have Jurisdiction, jurisdiction in all cases arising under the by-laws of said town. The time of holding his courts shall be fixed by the councilmen of said town. He shall keep a true and just record of all proceedings before him, and shall be allowed like fees as justices of the peace, or the same may be regulated by the by-laws.

- cilmen, &c.

§ 5. The said councilmen shall have power over the Power of coun- streets, alleys, sidewalks, and wharves of said town, and may direct the improvement of the same, in such manner as they may deem most beneficial to said town. They shall have power to make all 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 levy and collect a tax upon the property and tithes in said town not exceeding one dollar on each hundred dollars' worth of property, and not exceeding one dollar and fifty cents on each tithe in said town, to be applied to the improvement of the streets, alleys, sidewalks, and wharves of said town, or other improvements necessary therein. They shall have power to purchase any lot or piece of ground for the use of said town, necessary to straighten and extend the streets therein; to tax auction sales, shows, and other public exhibitions, such sums as they in their by-laws may fix. They shall have power to suppress tippling-houses and gaming; to fine all those who may violate their by-laws in relation thereto, any sum not exceeding thirty dollars for each offense, to be recovered before police judge of said town. They shall have power to regulate the market, and appoint all officers needful therefor. It shall be the duty of said councilmen to appoint a treasurer, clerk, and such other officers as they may deem necessary, and to take bond, securities, &c.; and for a violation of duty on the part of any such officers, motions may be made, or suits brought, before any tribunal having jurisdic

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