1860.

Appeals.

duties of marshal.

receive the same fees for like services, to be collected in the same way, and shall in the same manner be responsible for illegal fee bills made out and collected: Provided, That he shall not have jurisdiction to hear and determine any motion or writ against a constable for a failure to make proper returns upon process, or for failing to pay over money collected under process, where such process was issued by another court.

§ 2. That appeals may be had from the judgments of said police judge to the quarterly court in the same manner, and upon the same terms that appeals are now, or may be hereafter, allowed from the judgments of justices of the peace.

§ 3. That the marshal of said town shall have the same Powers and power within the limits of said district, to execute process in civil and criminal cases, that the constable within the same now has; and in all cases where an offense is committed against the by-laws or ordinances of said town, if the person or persons committing such offense shall escape beyond the limits of the same, the said marshal shall have the right, and it shall be his duty, to pursue and arrest such offender or offenders, if found within the county; the said marshal shall be entitled to receive for executing process and making arrests, the same fees which constables are now entitled to by law for like services, and shall be subject to the same responsibilities in all respects; before this act takes effect as to him, he shall execute bond with security, to be approved by the police judge of said town, conditioned for a faithful discharge of the duties of his office, and the payment of all money collected by him to the person or persons entitled by law to receive the same, which bond shall be filed with the police judge; and for all breaches of the same, the like proceedings may be had against him and his surety or sureties, as are now given by law against constables in similar cases.

alleys may be opened.

§4. That the trustees of said town shall, at any time How streets & when a majority of them shall deem it necessary, have the right to file a petition in the county court of Kenton county, asking to have streets and alleys in the same opened or extended, and the court, on the filing of such petition, shall cause the proprietors of the land through or over which such streets or alleys are proposed to be opened or extended, to be summoned or notified to appear and show cause, if any, why the same shall not be done; such summons or notification shall be given at least ten days before the term of the court at which such petition is acted upon, unless the proprietors in person, or by agent or attorney, appear and waive such notice; if the proprietors, or their agents or attorneys, so desire, the court shall cause a writ of ad quod damnum to issue, directed to the sheriff, who

shall impannel a jury, none of whom shall be residents in said town or owners of property therein; and such jury, together with the officer who summoned the same, or his deputy, shall meet on the ground, after notice to the parties of the time of such meeting, and proceed to inquire and ascertain what damage will be done to the proprietors by the establishment or extension of the proposed street or alley, over and above the peculiar benefits which will be conferred upon them by such establishment or extension, and what will be a just compensation to each of said proprietors for the land proposed to be taken. The jury, before they proceed to make the inquiry, shall be sworn, faithfully and impartially to execute the duties assigned them, which oath may be administered by the officer in attendance, or by any justice of the peace; and the inquest, in writing, shall be signed by the foreman of the jury and returned with the writ to the county court by the officer; upon the return, of the inquest, the court may, upon the payment by the town of all costs and damages, order the streets or alleys to be opened or extended. It shall not be necessary for such inquest to show in detail the particular damage which will be sustained by the proprietors; but it shall show, separate from other things, the value of the land which is proposed to be taken.

§ 5. That said trustees shall also have the right to make application to said county court, by petition or motion, for the appointment of viewers to view the ground along which roads leading to and from said town are proposed to be established; and said court shall appoint two or more fit persons to view the same, who shall be sworn as required in the preceding section of this act. Said viewers shall go on the ground, accompanied by the surveyor of the county, if the court shall so direct, and mark out a route for such road, and report the same to court, which report shall describe the route by metes and bounds, and by courses and distances. They shall also report the names of the proprietors and tenants of the ground over which such road is proposed to be esablished, and the conveniences and inconveniences which will result, as well to individuals as to the public, from the establishment of the same. Upon the return of the report, the court shall cause the proprietors to be suminoned to appear at the next term, and show cause, if any, against the same. When such process is

returned executed at least five days before the sitting of the court, if there is enough before the court to enable it to fix a just compensation to the proprietors, and they are willing to accept what the court deems just, it may determine the matter without a writ of ad quod damnum; but if the proprietors, or their agents or attorneys, desire it, or if the court shall see cause for the same, a writ of ad quod damnum shall

1860.

damages.

issue, upon which the same proceedings shall be had as in cases of application for the opening or extension of streets and alleys. No juror summoned under such writ shall reside in said town, or be the owner of property therein; nor shall any of them reside within one mile of the proposed road.

§ 6. That when any such road is established upon the Town to pay application of said trustees, the said town shall pay all damages awarded by the court or jury, and the legal costs of the procedure, together with the costs which the defendants shall have expended in their defense; except that when the record shows that the sum allowed by the jury to any defendant is not more than the court had consented to allow him before awarding the writ of ad quod damnum, such defendant shall be adjudged to pay the costs occasioned by such writ. But the court may, if it thinks the circumstances of the case justify it, exempt said town from the payment of a part or all of the damages and costs, and leave the same to be levied at the next court of claims for said county, and paid as in other cases of establishing or altering roads.

§ 7. That this act, except as provided in the third section, shall take effect from and after its passage.

Approved February 15, 1860.

CHAPTER 241.

AN ACT to incorporate Henry Lodge, No. 101, I. O. O. F. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That John S. Gullion, Benjamin Gullion, G. N. Searcy, Wesley Dean, Wm. Anderson, and George S. Whipple, and their associates, be, and are hereby, created a body corporate, by the name and style of "Henry Lodge, No. 101, of the Independent Order of Odd Fellows," and they and their associates and successors shall so continue, and have perpetual succession, and by that name are made capable in law as natural persons to sue and be sued, plead and be impleaded, contract and be contracted with, answer and be answered in all courts of law and equity in this Commonwealth; to make, have, and use a common seal, and the same to break, alter, or amend at pleasure; they may make and ordain regulations and by-laws for their government, and those now in force in said lodge to alter when deemed proper, and may change and renew the same at pleasure: Provided, They be not in contravention of the constitution, laws, and regulations of the grand lodge of the Independent Order of Odd Fellows, incorporated by an act approved February 16th, 1838, nor in contraven

tion of the constitution and laws of the United States or of this State. The said corporation shall have power and authority to acquire and hold real and personal estate, not exceeding twenty thousand dollars in value, and from time to time, if deemed expedient, sell and convey the same, or any part thereof, and to re-invest and dispose of the proceeds. The right to alter, amend, or repeal this act, is hereby reserved to the General Assembly.

Approved February 15, 1860.

1860.

CHAPTER 242.

AN ACT to establish and incorporate the town of Vandersburg. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Boundary of

§ 1. That the town of Vandersburg, in Hopkins county, is established and incorporated, with the lots, streets, alleys, town. and land in the following boundary, to-wit: beginning at P. D. Clayton's, (including his residence,) running thence north a half mile to a stake; thence west one mile to a stake; thence south one mile to a stake; thence east one mile to a stake; thence to the beginning.

§ 2. That L. D. Orr and P. D. Clayton are hereby appointed judges, and S. T. Morrow is appointed clerk of the first election of trustees for said town; who, after having taken an oath impartially to discharge their duty, shall, on the first Saturday in April, 1860, after giving three days' notice, proceed to elect five trustees of said town: Provided, That if said election is not then held, they may hold said election at any time during the year 1860.

Judges to hold first election.

Term of of

§ 3. That after the first election, the general laws, as applicable to towns in this State, shall apply to the town fice of trustees. of Vandersburg; and said trustees shall hold their office until the next election under the general law, and until their successors are qualified.

§ 4. That said trustees shall have power, after having obtained the consent of the owner or owners of the lots or land in said town, to open any other streets or alleys, and to have the plat of said town recorded in the office of the clerk of the Hopkins county court.

May open

streets & alleys.

town marshal.

§ 5. That the offices of police judge and town marshal Police judge & are hereby created and established in said town.

§ 6. That the police judge of said town shall be elected by the qualified voters thereof at the same time and in the same manner, and hold his office for the same term, as the county judge of Hopkins county: Provided, That the first election may take place on the first Monday in August, 1860; and the police judge then elected hold his office until the regular election, and until his successor qualifies.

When Police judge elected.

1860.

When marshal elected.

§7. That the marshal of said town shall be elected by the qualified voters thereof, at the same time, and in the same manner, and hold his office for the same term, as the sheriff of said count.y

§ 8. That the jurisdiction of said police judge shall be Jurisdiction concurrent with justices of the peace in all civil cases of police judge. which arise within the limits of said town, and concurrent with justices of the peace and magistrates in all criminal and penal cases arising in said county.

duties of mar

§ 9. That the marshal of said town shall have power to Powers and execute any process issued by said police judge, as well as any process issued from the Hopkins quarterly court; but shall have no power to execute any process issued by a justice of the peace, except in criminal or penal cases.

shal.

tion.

Governor to

commission

Police judge, & take oath.

§ 10. The election of said officers shall be held before To hold elec- the board of trustees of said town. The chairman of the board of trustees shall certify the election of the police judge to the Governor of this Commonwealth, upon which certificate the Governor shall commission the police judge, and the latter will take the same oath of office administered to county judges; and such chairman shall certify the election of the town marshal to the Hopkins county court; and the marshal shall enter into bond, with sufficient surety, in the county court, and qualify in the same manner as constables are required by law to do; and the marshal and his sureties shall be liable to motion or action as constables now are by law.

Marshal to

give bond.

§ 11. That this act shall take effect from its passage. Approved February 15, 1860.

CHAPTER 243.

AN ACT to repeal an act, entitled "An act to incorporate the Henderson Cemetery Company."

WHEREAS, By an act of the General Assembly of the Commonwealth of Kentucky, entitled "An act to incorporate the Henderson Cemetery Company," approved February 12th, 1849, certain persons therein named, and their associates, were created a body politic and corporate, by the name and style of the "Henderson Cemetery Company," with power to buy and hold land in the county of Henderson, not exceeding thirty acres, for cemetery and ornamental grounds; and whereas, it is represented that on the day of, 185, the said company did, pursuant to said act, purchase a lot of ground near the city of Henderson, which was paid for by the sale of the stock of said company; and that the city of Henderson has become the owner of said stock, and the said company has resigned to the said city the control of said grounds, and has ceased