1860.

May tax aue

May declare what are nui

the same.

the town from

the corporate limits of said town, and to make such other improvements for the benefit of said town as they may deem proper. They shall have power to tax auction sales, shows, concerts, and exhibitions for money, when held in tions, shows,&c. the town, or within one mile thereof; also taverns, tippling-houses, stud-horses, and jacks, in any sum not exceeding fifteen dollars. They shall have power to declare what are nuisances within said town, and by their order sances, & abate direct the same to be abated or removed, and may impose a fine on whomsoever may have caused the same. They May provide for shall have power to provide for the security of the town the security of against fire by organizing one or more fire companies, fire. defining their duties, and punishing, by adequate penalties, those who fail to perform the duties required of them; they shall have power to regulate the markets, and appoint a market-master; they shall have power to appoint a wood and coal measurer, defining his duties and fixing measurers. his fees; they shall have power to purchase and receive conveyances for any quantity of ground, either within or land receive May without the limits of said town, not exceeding ten acres, tery, &c. for a cemetery, or to erect a poor or work-house thereon, and may ordain and declare the rules and regulations for the government of the same, and to appoint all necessary officers thereof, with such compensation as said trustees may direct; and they shall have power to erect or engage a watch-house, for the confinement of all persons violating the ordinances of said town, and for crimes and misdemeanors committed which can be punished by confinement in the county jail by the laws of the State.

To regulate markets.

Wood and coal

To appoint el'k, treasurer,

bond from them

§ 6. That it shall be the duty of said trustees annually, (after their election,) to appoint a clerk, treasurer, and col- &c., and take lector, and such other officers as they may deem necessary, and take from them bond with approved security, payable to the board of trustees of the town of Foster, in such penalty as they may direct, conditioned for the faithful performance of their duties; and for a violation thereof, on the part of either of said officers, motions may be made on suits brought before any tribunal having jurisdiction, in the same manner and under the same rules and regulations that motions are made on suits brought against other officers for failure of duty; and the said trustees shall have power to remove either of them for failure to do their duty, and to appoint others in their places.

§7. That it shall be the duty of the clerk to keep a Duty of clerk. record of the proceedings of said trustees, to draw all orders on the treasurer for the payment of money when ordered by said trustees, and to license for shows, exhibitions, &c., when the treasurer's receipt is presented to him for the amount of the tax, and do all other acts which the trustees may legally require of him.

1860.

Duty of treas'r.

lector.

§ 8. That it shall be the duty of the treasurer to receive and keep all moneys belonging to said town, subject at all times to the order of the trustees, attested by the clerk, and to render an account to said trustees when by them required so to do.

§ 9. That it shall be the duty of the collector to collect Duty of col- all taxes which may be placed in his hands, and pay the same over to the treasurer, and make out and return to the trustees, within four months after the list shall have been placed in his hands for collection, a report of the amount collected and the names of the delinquents, and the amount from each; whereupon the said board of trustees shall have the power, and it shall be their duty, to make an order commanding and requiring the collector to levy upon so much of the delinquent's property, either personal or real, or both, as may be sufficient to pay and satisfy the amount of the tax and cost that may be due, and in pursuance of which order the collector shall make the said levy; and after having advertised the said property for sale at three places in said town, for at least fifteen days, shall thereupon proceed to sell at some public place in said town, so much as may be necessary to pay the tax and cost due thereon to the highest and best bidder, to whom the said collector shall give a certificate of his purchase, upon his paying the amount bid; which certificate shall entitle the purchaser, his heirs or assigns, to demand from, and receive of, the board of trustees a deed of conveyance of the property described in said certificate, (warranting alone against themselves,) at any time after twelve months from the time of sale, unless the owner or owners thereof shall have redeemed the same by paying or tendering to the purchaser, and giving notice to the said trustees of the payment or tender of the amount of said purchase money and costs, with one hundred per cent. thereon, and the purchaser in all cases paying the expense of making the conveyance; and the trustees shall have a lien on all property in said town, both real and personal, for the tax; and the collector shall have the power to levy on and sell personal property for tax without an order from the trustees, prior to the time appointed for him to return his delinquent list: Provided, however, That non-residents of the county shall have two years to redeem in, under the same regulations above provided for others, with the addition of one hundred per cent. more, if not redeemed the first year: And provided further, That infants, femes covert, idiots, and lunatics, may redeem their property within three years after their several disabilities shall have ceased, by paying the amount of tax and cost, and fifty per cent. per annum from the time of sale.

1860.

May have foot

§ 10. That it shall be lawful for said trustees to enter up an order directing citizens of said town, or any portion thereof, to pave a foot-walk in front of their houses and walks paved. lots, of such width and kind as they may direct; a copy of which order shall be delivered to the owner, his agent, or the person in possession of the property, by the marshal; and it shall be lawful for said trustees, upon the failure of any citizen of said town, or owner of property in said town, for three months after service of said order, to pave said foot-walk, to have the same done; and the property in front of which said foot-walk is made shall be responsible for the expense, and may be sold in like manner as is provided in section six for sale of property for tax.

§ 11. That immediately after the election of the police judge, the clerk of the trustees shall make out and certify to the Governor of the State the name of the person who has received the highest number of votes for police judge, which shall be sworn to before a judge or justice of the peace, and certified by him; whereupon the Governor shall cause a commission to be issued to him as police judge of the town of Foster for four years, and until his successor is duly qualified. The said police judge shall have jurisdiction over all offenses arising under the by-laws and ordinances of said town; and shall have power to issue warrants, enter judgments, award executions, and issue process for witnesses, and compulsory process when they fail to attend. He shall have jurisdiction within the limits of said town of all causes, civil and criminal, in which justices of the peace have jurisdiction; and as a court of inquiry he shall have the jurisdiction of two justices. He shall have power to fine and imprison for contempt, not exceeding five dollars fine or ten days' imprisonment. He shall have power to order a jury to be summoned in any case cognizable before him, where a jury would be required before a circuit court or a justice of the peace. He shall have concurrent jurisdiction in civil and criminal cases with justices of the peace in the county of Bracken, within the limits of said town; and for the due performance and efficient exercise of the power herein and hereby vested in him, he shall have power to award process and issue writs as may be necessary to enforce the due administration of right, and for the lawful exercise of his jurisdiction, agreeable to usages and principles of law. It shall be the duty of said police judge to keep a record of his proceedings, a copy of which shall be evidence, and shall have the same effect as records of justices of the peace; and either shall have the right of appeal from all judgments rendered by said judge, in the same manner as appeals from justices of the peace in similar cases; and the said judge shall hold his court

Police judge

1860.

duties, powers, &c.

for the trial of civil causes quarterly, at such times as he may designate.

§ 12. That it shall be the duty of the marshal to serve Marshal-his notices, &c., and all process and precepts to him directed, from the said police judge or justices of the peace, and make due return thereof; and he shall collect all executions and other demands which may be put into his hands to collect, and pay the same over to whoever may be entitled thereunto, under the same rules and regulations required by law of constables in the collection of executions and other demands. The marshal shall execute bond payable to the Commonwealth of Kentucky, in such sum as the trustees may require, for the faithful and legal performance of his duties, and also take the oath required of sheriff's.

§ 13. That all fines and forfeitures for the breach of any Fines, &c., to by-law or ordinance of the town, or for the violation of any penal law committed within the limits of said town, shall be paid over to the treasurer for the use and benefit of said town, any law to the contrary notwithstanding.

be paid over to treasurer.

judge.

§ 14. That the police judge shall be entitled to and colFees of police lect the following fees, to-wit: for issuing a warrant in a civil case, twenty-five cents; for a peace warrant for a riot, rout, or breach of the peace, or unlawful assembly, fifty cents; for a warrant for a violation of a by-law or ordinance of said town when the trustees are plaintiffs, twenty-five cents; for swearing a jury and presiding over a trial in any case except forcible entry and detainer, fifty cents; for taking a recognizance to keep the peace, fifty cents, to be charged to the applicant; and for any other services the same fees as allowed to justices of the peace for similar services.

15. That the fees of the marshal shall be the same as

Fees of marshal are allowed to constables.

§ 16. That the collector shall be entitled to the same fees Collector's fees. as sheriff's for similar services.

held.

§ 17. That previous to each annual election of trustees Elections-how and marshal, the trustees shall appoint three suitable persons to hold said election; who, on the first Saturday in February, at 2 o'clock, P. M., open the poll for the election of the officers provided for in this charter, and keep the same open until five o'clock, P. M.; and shall return under oath to the clerk of said trustees a just and true list of all the votes cast, immediately after the close of the polls: Provided, That the first election under this charter shall be held at the store-house of S. J. Watters, in said town; and that said election shall be held by three commissioners herein named, to-wit: S. J. Watters, A. J. Markley, and S. P. Shaver, sr., who shall be sworn to hold said election in conformity to and with said charter. The election of police judge shall be conducted by three commissioners, appointed for that purpose by the trustees.

18. That the citizens of said town, and the property thereof, shall be exempt from the operation of the road law.

1860.

Exempt from

§ 19. That all general laws applicable to towns, not operations of inconsistent with this charter, shall be applicable to the road law. town of Foster; and the trustees shall have power to pass any by-laws to enforce their provisions.

§ 20. That all the provisions of the former charter of the town of Foster conflicting with this are hereby repealed. § 21. That this charter shall go into effect from and after its passage.

22. That the Legislature reserves the right to repeal, alter, or amend this act at pleasure.

Approved February 6, 1860.

CHAPTER 157.

AN ACT creating an additional voting precinct in Lewis county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the following described boundary be, and the same is hereby, created a justices' district and voting precinct, in Lewis county, viz: Beginning at a point on the White Pine hill, where the Lewis and Carter county road crosses the same; thence with the ridge to a point on the dividing ridge between Kinnicinnick and Dry Branch, where the Lewis and Carter road crosses the same; thence with said ridge to the dividing ridge between Salt Lick and Kinnicinnick; thence with the same to the dividing ridge between Kinnicinnick and the North Fork; thence with same to the Lewis and Fleming line; thence with the same to the dividing ridge between Briery and Tar Fork; thence with the same to the dividing ridge between Straight Prong and Briery; thence with the same to the dividing ridge between Straight Prong and Kinnicinnick; thence with same to a point on said ridge, opposite the beginning.

§ 2. It shall be the duty of the county court of Lewis county to appoint officers to hold an election for two justices of the peace and one constable for said district, at the time of the next general election; and said officers shall also conduct the election of officers who may be voted for at the said general election.

§ 3. The county court of Lewis county shall establish the voting place for the above precinct, upon a petition of a majority of the legal voters of the precinct.

§ 4. That the justices elected shall hold their offices respectively, until the next general election of justices and constables, and until their successors are duly qualified. Approved February 6, 1860.