CHAPTER 494. AN ACT for the benefit of John E. Abbott, administrator of D. C. Doran, late sheriff of Hart county. WHEREAS, D. C. Doran, late sheriff of Hart county, was afflicted by a cancerous disease which prevented him from discharging his duties as sheriff in collecting the revenue due from Hart county for the year 1871, and having died from said disease before settling his account; and whereas, John E. Abbott, his administrator, undertook to collect, and did collect the revenue due from said county, and paid the same into the Treasury, together with the sum of $97 41, the penalty of five per cent. imposed by the act of March, 1871, on all revenue not paid by the 1st of April, 1872; and whereas, it appears that, under these circumstances, that, in equity and justice, the said Abbott ought to have the said amount of $97 41, the penalty imposed, refunded; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, directed to draw his warrant on the Treasury for the sum of ninety-seven dollars and forty-one cents, in favor of John E. Abbott, administrator of D. C. Doran, late sheriff of Hart county, that being the amount paid by said Abbott, administrator, into the Treasury as penalty on the amount of revenue due from Hart county for the year 1871. § 2. This act to take effect from its passage. Approved March 22, 1873. 1873. CHAPTER 495. AN ACT to prohibit the granting of license for the sale of spirituoas, vinous, or malt liquors in the town of Butler, or within one mile thereof. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter it shall not be lawful for the Pendleton county court, or the board of trustees of the town of Butler, to grant a license to any tavern, saloon, or coffee-house keeper, or licensed merchant, for the sale of spirituous, vinous, or malt liquors, or a mixture of either, within the limits of said town, or within one mile thereof. § 2. That all acts and parts of acts relating to the Pendleton county court, or to the town of Butler, inconsistent herewith, are hereby repealed. §3. This act shall not become a law until it shall have been submitted to a vote of the voters of the Butler prccinct, and have received a majority thereof cast at a Unlawful to Il liquors in said twn. Act to be submitted to people. 1873. special election, to be held in said district on the second Monday in May next. § 4. This act to be in force from its passage. Approved March 22, 1873. CHAPTER 496. AN ACT to permit John Williams to erect a mill-dam across Troublesome creek, in Perry county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That John Williams is hereby authorized to erect a mill-dam across Troublesome creek, in Perry county, about one mile below the mouth of Ball's fork of Troublesome creek. Said mill-dam shall not exceed four feet in height, with a sufficient chute for logs, timber, and other crafts, to pass down said Troublesome creek. § 2. And that when it becomes necessary to take said mill-dam out of said creek, said Williams shall remove the same without any expense to the State. 3. The county court of Perry county, at any time, may, for good cause shown, make an order for said Williams to remove said mill-dam out of said creek. § 4. This act shall take effect from its passage. Approved March 22, 1873. CHAPTER 497. AN ACT for the benefit of Gabe Hays, of the county of Breathitt. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Gabe Hays, of the county of Breathitt, be, and he is hereby, authorized to erect a mill-dam across Troublesome creek, near the Red Hill, where said Hays is now building a mill, in said county: Provided, however, The said dam shall not exceed two feet in height from the bottom of said creek, which is to be forty feet wide in the center of the creek, rising to each bank so as to make the dam four feet high at each bank of said creek. § 2. This act to take effect from its passage. CHAPTER 498. AN ACT concerning the public roads in Hardin county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1873. County courts to levy tax for §1. That the court of claims for Hardin county be, and is hereby, authorized, at each annual session, when road purposes. the ordinary levy is laid, to levy, in addition thereto, a tax not to exceed five cents on each one hundred dollars' worth of taxable property, taxable in said county for revenue purposes, and one dollar on each tithable in said county, the proceeds of which shall be used as herein directed for opening and repairing roads, and repairing and building bridges in said county. and pay over said § 2. The sheriff of said county shall collect and ac- Sheriff to collect count for the tax levied under this act in the same man- tax. ner, and under the same responsibilities, and in doing so shall have the same powers, as in the collection of the county levy. Road Superintendent-his term ties. §3. At the time of making the first levy under this act, and every two years thereafter, the court shall elect of office and dua suitable person to take charge of and keep the public roads in the county in repair, who shall hold his office for two years, or during the pleasure of the court, and shall be known as the superintendent of roads for Hardin county. He may, with the assent of the county court, at any regular term thereof, appoint one or more deputies, and remove them at pleasure; he may employ labor, buy tools and material, and hire wagons, teams, and plows, and procure whatever else may be necessary in the discharge of his duties; but he shall not make any contract, except for labor, involving an expenditure of more than one hundred dollars, unless the same be in writing, and approved by the county judge, which approval shall be indorsed on the contract. He shall keep the public roads in said county in repair, and shall, when so ordered by the court, repair bridges, erect new bridges, open new roads, and [make] alterations in old ones, and do any other thing which surveyors of public roads may be required to do under existing laws, or which the court could legally order to be done, in reference to roads or bridges, by a commissioner appointed by it. §4. The sheriff shall pay over money in his hands upon orders to be drawn by the superintendent; but orders for more than fifty dollars ($50) shall not be paid until indorsed "approved" by the county judge, over his signature, and each order shall set forth in detail the items for which it is given. How sheriff shall dispose of funds in his hands. Superintendent to take oath, and § 5. The superintendent shall, before he enters upon the discharge of his duties as such, take an oath faithfully to give bond. 1873. perform his duties, and shall execute bond, with sureties to be approved by the court, conditioned for a faithful performance of his duties, and that he will not be guilty of any misfeasance or nonfeasance in office, on which suit may be brought, from time to time, by any person aggrieved by a violation of said bond. Deputy superintendents shall take the same oath required to be taken by their principal; and he shall be responsible on his bond for any act or omission by them, or any of them, for which he would be liable if he had done or omitted the act complained of. § 6. If the superintendent shall fail to perform his duty perintendent fail- under this act, he may be proceeded against by indicting to discharge ment, and upon conviction shall be fined not less than ten ($10) nor more than one hundred ($100), in the discretion of the jury; or when so ordered by the county court, he and his sureties may be sued on his bond in the name of the county, in which case recovery may be had for a like sum for the benefit of the road fund of the county. Penalty for Su duties. filled. 7. If a vacancy shall occur in the office of superinVacancy-how tendent of roads, the county judge may, at any term of the court, appoint some one to fill the vacancy until the next annual meeting of the court of claims, when the vacancy shall be filled by that court. to keep accounts and make report. 8. The superintendent shall keep an account of all Superintendent contracts made by him, and of all orders drawn, specifying the name of the person to whom given, the items contained in it, and the amount, and shall make report to each court of claims, and oftener if so ordered by the court, which report shall set forth, in detail, every item of expenditure, so as to show to whom, and on what account, and when it was made, and any other fact required by the court to be reported, and shall verify the same by his affidavit; and for any willfully false statement in such report he shall incur the pains and penalties denounced against false swearing. Act to be sub mitted to people. § 9. It shall be the duty of the officers of the election in Hardin county to cause a poll to be opened at each voting place in said county, at the next August election, and to ask each voter whether he votes for or against the law requiring the roads in your county to be kept up by taxation instead of by road workings, and to record the votes; and if a majority of those voting for and against said law vote for it, then this act shall be thereafter obeyed and enforced in said county; and thereafter no person shall be bound to work on roads in said county under existing laws; but if a majority of such voters shall not vote in favor of this act, the present road law shall remain in force. Where the provisions of this act apply to the county of Hardin it shall also apply to the county of Meade. Approved March 22, 1873. CHAPTER 499. AN ACT to authorize the Butler county court to establish a ferry on Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county court of Butler county, a majority of the justices of the peace being present and concurring therein, be, and it is hereby, authorized to establish a ferry on Green river, at or near what is called Morrison's old ferry, near Morgantown, in pursuance of and in compliance with the general law upon the subject of ferries, as provided by chapter thirty-nine of the Revised Statutes. § 2. This act shall take effect from its passage. Approved March 22, 1873. 1873. CHAPTER 500. AN ACT for the benefit of common school district No. 5, in the county of Barren. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Superintendent of Public Instruction be, and he is hereby, directed to draw his warrant upon the Auditor of Public Accounts for the sum of two hundred and seven dollars, to be appropriated out of any surplus school fund which is placed to the credit of Barren county, in favor of the common school commissioner of Barren county; and that said commissioner is hereby directed to pay over the same to the trustees of common school district No. 5, in said county, to be appropriated by said trustees in conformity with the requirements of the common school law of Kentucky. 2. This act shall take effect from the time of its passage. Approved March 22, 1873. CHAPTER 501. AN ACT to prevent the destruction of fish in Salt river, in Anderson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be unlawful for any person to drag or use a seine (other than a minnow seine), net, or trap in the waters of Salt river, in Anderson county, for the pur |