§ 6. They shall have the right to tax all shows, exhibitions, and performances in said town such sums as they may deem expedient.

7. They shall have the right to pass and enforce ordinances to suppress gambling, disorderly houses of ill-fame, and all immorality, indecency, misconduct, and to protect the quietude and safety of said town; and they shall have the right to pass all ordinances and by-laws for their own government and the good government of the town that they may deem necessary, and impose penalties for the violation of the same.

§ 8. They may appoint surveyor of streets.

9. They may recommend to the county court persons to keep coffee-house when the applicant has satisfied them that he is prepared to keep said house according to the law regulating the same; but said license not to carry with it the right to retail spirituous, vinous, or malt liquors, unless the trustees, together with the county court, shall deem it expedient so to do; and they may tax the keepers of said houses a sum not to exceed seventy-five dollars.

§ 10. Said trustees shall tax all persons who simply vend ale, beer, or cider, a sum not to exceed ten dollars; and no person in said town shall be allowed to vend said articles until the tax is paid, and the privilege granted by the trustees.

§ 11. All ordinances, by-laws, consents, and privileges must be granted at a regular or call meeting, and will not be valid unless indorsed by a majority of the board, and signed by the president and secretary.

§ 12. It shall require four trustees to constitute a quo

rum.

ARTICLE III.

Police Court.

When police

§ 1. There shall be established in said town a court, to be styled the Beaver Dam Police Court, which shall be judge to be elected held by one judge, to be styled the Judge of the Police Court of Beaver Dam, to be elected at the same time and in the same manner as the trustees, except as hereinafter provided.

Jurisdiction of

§ 2. That the said court shall have exclusive original jurisdiction of all prosecutions for the violation of town police court. ordinances and by-laws, and concurrent jurisdiction with magistrates of all civil, criminal, and penal cases in Ohio county; and shall have the power of two magistrates in examining trials.

Code to govern proceedings

§3. That the provisions of the Code of Practice of Kentucky shall govern the proceedings of said court in said court. all cases (except town ordinance and by-law trials), and

in

1873. the Revised Statutes the penalties and punishments there

of.

§ 4. Appeals shall lie from this court to the Ohio quarWhere appeals terly court, where the amount in controversy is sixteen dollars or more, and may go directly to the Ohio circuit court where the amount is twenty dollars or more.

all lie.

§ 5. Said court shall have a right to try all misdemeanors, unless the defendant shall demand a jury.

§ 6. Said court shall be a court of record, and the To be court of judge shall be the clerk thereof, and may appoint and qualify a deputy clerk.

record.

§ 7. The judge of said court shall be a conservator of Powers of judge. the peace, and may order arrest for all offenses against the Commonwealth or town ordinances and by-laws; and for those committed within his presence may order arrest without warrant, the person to be dealt with according to law. If he think it necessary, he may detain any person so offending in custody the over night (or if such person or persons are drunk or disorderly, until they are sober) in the county jail or other safe place.

Court for civil cases.

§ 8. Said police judge shall hold four stated terms every Terms of police year for the trial of civil causes, and such other pleas as may come before him; and at the beginning of each year he shall give a written notice to the trustees and marshal of the town, and put one on the door of his office, of the time of the four terms of the pending year. 9. The fees of said judge shall be the same as justice of the peace.

Fees.

Town marshal to be elected, and

his fees.

shal.

§ 10. At the same time, and in like manner as the police judge is elected, there shall be a town marshal elected, to be styled the Marshal of the Town of Beaver Dam; and said marshal shall have concurrent jurisdiction with the constables of Ohio county, and be entitled to the same fees.

§ 11. Said marshal shall be the chief of police of said Powers of mar- town; and may arrest and bring to trial any guilty or suspicious persons of crime, suppress riots and other disorderly conduct, and report violations to the police court. He shall have exclusive original jurisdiction of all writs issued by the police court of said town for violations of local laws. He shall be the collector of the town tax, and execute bond to account for the same, in the same manner as the treasurer, and may levy on property for

officers.

taxes.

Miscellaneous Provisions.

§ 1. The police judge shall be qualified in like manner Qualifications of to justices of the peace, and the marshal same as constables. The trustees shall be qualified before the police judge of said town.

§2. The police judge and town marshal shall hold their 1873. office for the term of two years, and the trustees for one year.

§ 3. The trustees of the town shall certify to the county court the election or appointment of the police judge or marshal.

§4. If a vacancy should occur in the office of judge or marshal, the trustees shall appoint one to fill the vacancy until the next regular election, when they shall order an election.

The resignation of all town officers shall be made to the trustees.

§6. The trustees shall, ten days before each election, post written notices in at least five public places in said town of the day of election, and the officers to be elected. § 7. No person shall vote at the town elections unless they are male citizens of the town, and have been such citizens for thirty days before the election, and arrived at the age of twenty-one years.

Term of office of judge and marshal.

How vacancies to be filled.

Notice of elections to be given.

Qualifications

of voters.

ballot.

§ 8. Voting shall be done by printed ballot deposited in Voting to be by a box prepared by the trustees.

Trustees to appoint officers of

duties.

§ 9. The trustees shall appoint two judges of the election and one clerk: the judges to decide on the quali- election, and their fications of voters, and the clerk to keep a true list of all persons voting. They shall hold the election at such place as the trustees may order. All elections to be between the hours of eight and four o'clock. The officers of election shall return the list and ballot-box to the trustees, signed and sealed, and the trustees shall compare them in open meeting, within three days after the election.

§ 10. The trustees may require all male citizens of said town between the ages of fourteen and twenty-one, to work on the streets, alleys, sidewalks, or public grounds at least four days in each year. Such persons may be exempt upon paying to the trustees the sum of seventyfive cents per day; and if they fail to work when warned to do so, shall be fined the said sum with the cost of proceeding, to be made out of their legal representative.

§ 11. The trustees may allow any citizen to work on the streets, &c., to the amount of his tax, at the rates of seventy-five cents per day.

§ 12. It shall be legal for the street surveyor, marshal, or secretary of trustees, to warn hands to work the streets; but three days' notice shall be required.

§ 13. All warrants for the violations of town by-laws or ordinances shall be issued by the police judge of the town, upon the statement of the president or secretary of trustees, unless they occurred in the presence of said

Male citizens to work streets.

who shall warn streets.

hands to work

Who shall issue

warrants.

1873.

Citizens exempted from work on roads.

judge or town marshal, then he may issue without such

statement.

§14. The citizens of said town are exempt from working on all public roads of this Commonwealth.

15. The trustees shall post all the ordinances they pass in at least five public places in said town, naming the penalty for the violation of the same.

§ 16. When a vacancy occurs in the board of trustees, How vacancies in they shall appoint some citizen over the age of twentyone of said town to fill the vacancy until [the] next reg

board to be filled.

ular election.

§ 17. That Ed. Cooper be appointed police judge, and William Blankenship be appointed town marshal, until the first regular election of said town.

§ 18. This act shall take effect thirty days after its pas

sage.

[Became a law without the Governor's signature, April 5, 1873.]

CHAPTER 666.

AN ACT to abolish the quarterly court in Ballard county.

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

§ 1. That all laws providing for and regulating proQuarterly court ceedings in the quarterly courts of this Commonwealth, so far as they may apply to such court in and for the county of Ballard, be, and the same are hereby, repealed.

abolished.

Records of said ered to county

court to be deliv

clerk.

over records, &c.

§ 2. That it shall be the duty of the county judge of Ballard county, within three months from and after this act takes effect, to deliver to the clerk of the county court all books, papers, records, and every thing else that legally pertains to and constitute a portion of the office of the quarterly court, and take his receipt therefor.

§3. That from and after the date of his receipt, as proPowers of clerk vided for in the last section, the clerk of the county court of Ballard county shall be the legal custodian of all books, papers, and other things mentioned and enumerated therein, who shall be responsible on his official bond for all damages resulting from failure to discharge his duty as such. It shall be his duty to issue any execution to which the party applying may be entitled, upon any judgment or order of the quarterly court shown by the records filed with him; and such execution, signed by said clerk officially, shall be valid to all intents and purposes.

§ 4. It shall be the duty of said clerk to make out tranClerk to make scripts, records, copies of orders, executions, or of any paper filed with him as provided for in this act; and such transcript or copy, attested by him as clerk, shall be en

transcript of records, &c.

titled to the same verity in all the courts of this Commonwealth as if signed and attested by the county judge.

1873.

Clerk to dis

tribute papers to

ties.

§ 5. It shall be the duty of the said clerk to proceed at once to distribute the warrants, pleadings, and papers of various authoriany undetermined action pending before the quarterly court when the papers are delivered to him; those of which the jurisdiction belongs to justices of the peace to that justice whose office is kept in the civil district in which the defendant resides; and those in which the proceeding is against parties not resident in Ballard county to some justice whose office is kept in the civil district embracing the county seat; and those in which the amount involved is above the jurisdiction of a justice of the peace, the clerk of the county court shall deliver to the clerk of the circuit court, to be by him docketed among the cases pending and for trial in the court of common pleas for Ballard county.

to be had by par

as

pers are delivered court.

in quarterly

§ 6. In all cases thus distributed, either to a justice of Like proceedings the peace or the circuit clerk, like proceedings shall be ties to whom pahad in all respects as though the action had been originally commenced in such court; and with like rights and obligations attaching to any order or judgment thereafter rendered.

Upon whom appellate jurisdic

§ 7. The appellate jurisdiction conferred by existing laws upon the quarterly court is hereby given and con- tion conferred. ferred upon the court of common pleas and circuit court of Ballard county.

§ 8. The same fees allowed by law to the county judge Fees. for matters pertaining to his duty as judge of the quarterly court shall be allowed to and received by the officer who may render the same services as provided for under this

act.

§ 9. This act to take effect on the first day of May,

1873.

[Became a law without the Governor's signature, April 4, 1873.]

CHAPTER 667.

AN ACT to incorporate the town of Hanson, in Hopkins county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

§ 1. That so much of the county of Hopkins as is con- Town established tained within the following boundary be, and is hereby, established as the town of Hinson, and the inhabitants thereof are incorporated as a body-politic: beginning at Boundary. the south end of east railroad street, thence east one thousand feet to the southeast corner of block number three; thence north eleven hundred feet to northeast corner of block number nine; thence west twenty-three hun