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1876.

direct what proportion of the year such store shall be taxed; and it shall be the duty of the marshal to collect the same as other taxes.

§ 4. On and after the 1st day of June, 1878, the commissions Marshal's com- of the marshal upon all taxes collected by him shall be not less than two per cent. nor more than three per cent.

mission.

City assessorhow appointed.

§ 5. The common council, at some meeting in December, 1876, and at some meeting of the council in December every two years thereafter, shall appoint a city assessor, who shall hold his office for two years and until his successor is qualified, and his duties shall be the same as now required by law of said assessor.

§ 6. Hereafter the boundaries of the city of Henderson shall be as follows: Beginning at a point in the centre of Plank Road street, 50 feet in a northwest direction from Canoe Creek bridge; thence in a straight line in a northern direction to the southern corner of ten-acre-lot No. 4, the same being also the eastern corner to ten-acre-lot No. 5; thence in a northwestern direction, and with the division line of said lots, in a direct line to the east line of the water-works property; thence in a northeastern direction, and with said water-works line, to the northern corner of said water-works property; thence in a northwestern direction, and with the north line of said water-works property produced to a point at low water mark on the Indiana shore of the Ohio river; thence down the Ohio river, with its meanderings at low water, to a point opposite the south line of Hancock street; thence in a southeastern direction, to and with the south line of Hancock street, in a direct line to the west line of the Madisonville road; thence in a northeastern direction to the southern corner of Jno. W. Alves' enlargement; thence in a northeastern direction, and with the eastern boundary of said enlargement, to the south line of the alley between Breckinridge's second addition and the car-works property; thence in a southeastern direction with the south line of said alley to the west line of the St. Louis and Southeastern Railway; thence in a northern direction, and with the west line of said railway, to the south line of Second street; thence in a southeastern direction, and with the south line of Second street, to a point directly west of the beginning point; and thence due east to the beginning.

§ 7. Hereafter the license upon billiard tables in the city of Henderson shall be not less than twenty-five dollars and not more than one hundred dollars per year for each table; and the price charged for license may be graded within the said limits, according to the number of tables owned by each applicant for license.

§ 8. After the 1st day of June, 1880, the salary of the judge of the Henderson city court shall be not less than three hundred dollars ($300) nor more than five hundred dollars ($500) per annum; and in case a vacancy occur in said office before the said 1st of June, 1880, then the person appointed or elected to fill such vacancy shall receive the salary as herein provided for. The common council shall fix the salary within the limits * above mentioned.

9. This act shall take effect and be in force from and after its passage.

Approved February 14, 1876.

1876.

Billiard tables -license.

City judge-his

salary.

CHAPTER 164.

AN ACT for the benefit of C. W. Thompson, of Metcalfe county. WHEREAS, C. W. Thompson, of Metcalfe county, is clerk of the county court in said county, and a licensed attorney at law; and by section 6, article 31, chapter 29, of the General Statutes, is prohibited from practicing law in all the courts of this Commonwealth because of his being clerk of the county court; for remedy whereof,

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

§ 1. That C. W. Thompson, of Metcalfe county, is excepted from the operation of said section: Provided, That he shall not be allowed to practice law in the county courts of Metcalfe county so long as he is clerk of said county court.

§ 2. And any partner in the practice of law of said Thompson is prohibited from practicing in the court of which said Thompson is clerk.

Approved February 14, 1876.

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CHAPTER 165.

AN ACT for the benefit of John P. Barrett, late sheriff of Ohio county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That John P. Barrett, late sheriff of Ohio county, have the further time of two years from the first day of March, 1876, to collect any uncollected fee bills and any uncollected taxes due him, and which was listed with him for collection during his terms of office, and for which he has in any wise accounted for and paid; and said John P. Barrett, and any of the deputy sheriffs acting under him, shall have all the powers and privileges for the said time of two years from the first day of March, 1876, to distrain, levy, sell, and garnishee in the collection of any of the said fee bills and taxes due him and remaining in his hands uncollected that sheriffs, constables, and marshals now have by law for the collection of fee bills and taxes.

§ 2. Said John P. Barrett shall have the power and privilege to list said fee bills and taxes, or any part thereof, with any sheriff, constable, or marshal, in whose bailiwick any of the parties who owe any of the said taxes or fee bills may live; and any such officer with whom any of said taxes and fee bills may be listed shall have the same powers to distrain, levy, sell, &c., in the collection of any of said fee bills and taxes as is conferred on said John P. Barrett, or any of his deputies, by the first section of this act; and any such officer shall receive and account for, and be responsible on his official bond for, any of said fee bills and taxes so listed in the same manner that such officer by law is now required to receipt, account for, and be responsible for fee bills, taxes, and other dues that may come to his hands for collection.

§ 3. Said Jno. P. Barrett and the sureties on his official bonds shall be responsible to any one injured by an illegal seizure or proceeding under the privileges and powers conferred by this act, and the said John P. Barrett shall be subject to all the penalties now in force by law for issuing or collecting illegal fee bills.

§ 4. This act shall take effect from and after its passage.

Approved February 14, 1876.

CHAPTER 166.

AN ACT to amend the charter of the town of Shelbyville.

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

1876.

Police judge shall make report

§ 1. That an act, entitled "An act to amend and reduce into one the several acts in relation to the town of Shelbyville," approved March 22, 1873, be, and the same is hereby, amended as follows: The police judge of Shelbyville shall make out a report to the board of trustees, at the first meeting in July, October, January, and April of each year, of all such matters as may, from time to time, be required by the ordinances of the town. He shall, before entering upon the duties of his office, execute bond, with good and sufficient security, payable Give bond. to the Commonwealth, to be approved by the board of trustees, and entered in full upon their records, for the faithful discharge of all his official duties, and may be sued thereon by any one aggrieved by his wrongful acts. The police court Police court. of Shelbyville shall have exclusive original jurisdiction of all Jurisdiction. breaches of the peace committed within said town.

§ 2. Whenever any officer appointed by the board of trus tees shall fail to qualify, and, if required, execute bond at or before the next regular meeting after he has been duly notified of his appointment, said office shall be considered vacant; and should any member of the board of trustees be absent from its meetings for three months consecutively, the board may, by the vote of a majority of the remaining trustees, upon a resolution to that effect entered upon their records, declare his seat vacant; and all vacancies occurring, as provided in this section, shall be filled as in other cases.

Officers-failure to qualify.

Vacancy-how

filled.

Trustees'can appoint public

urer.

§ 3. In addition to the powers now vested in the board of trustees, they shall have the power to appoint annually a weigher & measpublic weigher and measurer for the town, and to regulate, by proper ordinances, the duties of said officer, and to provide such penalties for violations of ordinances in relation thereto as they may deem proper, not exceeding a fine of fifty dollars for any single violation. They may require all persons owning or controlling any scales within the town, who shall

weigh, or propose to weigh for others thereon for compensa- Other powers. tion, to take out an annual license therefor, for which they may charge a tax not exceeding fifteen dollars per year; and may, by ordinance, fix adequate penalties for weighing for another

1876.

upon any scales for compensation without license. They may fix adequate penalties for selling within the town any goods, wares, merchandise, or produce of any kind, including wood and coal, below the legal standard of weights and measures. They shall have power to license and tax all astrologers, clairvoyants, spiritualists, and necromancers, plying their vocations for profit or hire, in any sum not exceeding twenty-five dollars per year; also all itinerant dealers in goods, wares, or merchandise of any kind (except such as sell at wholesale to merchants of the town, and persons selling literary works by subscription), whether the same be sold by sample, subscription, or otherwise, not exceeding twenty dollars per year; also all persons selling, or proposing to sell, lottery tickets, or prize, or gift-concert, or gift exhibition tickets of any kind within the town, not exceeding twenty dollars per year. All the licenses mentioned in this section, except those upon scales, may be granted for less than a year, and the board may fix what proportion of the annual tax shall be paid in such cases; and they may prescribe by ordinance adequate penalties to be inflicted upon any person doing any business mentioned herein, within the town, without having first procured the proper license. They shall have power to regulate by ordi nance, with adequate penalties, the height and construction of any awning, shade, shelter, or frame for the same, erected over any street or sidewalk, and to remove and prevent the erection of such as do not conform to the regulations so fixed, and to prevent the erection of, or remove, any sign across any street or sidewalk, or projecting or detached from any building, or any sign-post or lamp-post in any street or sidewalk. For guarding against the calamities of fire, they shall have power to prescribe the limits within which wooden buildings or roofs of wood shall not be erected or placed or repaired without the consent of said board, and to prohibit the rebuilding of wooden buildings within the fire limits. They may by ordinance prohibit any domestic animals from running at large, and impound any hogs found running at large within the town, and, after due notice, sell the same for the payment of any expenses incurred in impounding and keeping the same, with such legal fees as may be annexed thereto by ordinance. They may enact penalties for the offenses of gaming and permitting gaming within the town. They may, by agreement with the county court, constitute the jail-house of

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