§ 2. The said police judge shall have jurisdiction of all misdemeanors and all causes, civil, criminal, or penal, in which justices of the peace have within the county of Boone, if the offense is committed in said town; and in criminal or penal cases he shall have the jurisdiction conferred by law upon two justices of the peace, and shall proceed in the same manner that justices of the peace are required to proceed in such cases: Provided, The offense occurs within the corporate limits of said town.

§ 3. He shall have full authority to require bail and receive acknowledgments and execution of recognizances of bail in all cases originating before him in which bail is or may by law be hereafter required.

§4. He shall be a conservator of the peace, and may and shall, on his own view, or on reliable information on oath of another, issue a warrant for the apprehension of all persons guilty of affrays, assaults and batteries, riots, routs, breaches of the peace, and unlawful assemblies; all cases of indecent or immoral behavior or conduct calculated to disturb the peace and dignity of the town. Said police judge shall have jurisdiction over all the above causes, and of all cases of drunkenness, profane swearing, running horses, firing guns, pistols, making reports by burning powder or crackers, blowing of horns, ringing bells, crying aloud by day or by night, and all other riotous or illegal and improper conduct whatever, if occurring within said town; all of which are hereby declared to be misde

meanors.

and duties.

§ 5. He shall have jurisdiction of all offenses and causes Further powers arising out of the by-laws and ordinances passed by the council for the enforcement of the power granted to them by law. He shall have power to impose fines in all cases of misdemeanors to the amount of sixteen dollars, without the intervention of a jury. He shall have the right to imprison the person so fined in the jail of the town until the same is paid, by imprisonment, at the rate of two dollars per day. He shall have the power, without the intervention of a jury, to fine and imprison for contempt: Provided, The fine does not exceed ten dollars or the imprisonment twelve hours.

§ 6. He shall have power to take depositions and certify the same as justices of the peace and examiners now or may hereafter have, and his certificate to such deposition shall have the same effect as though made by a justice of the peace.

§ 7. He shall have full power to grant injunctions, restraining orders, and writs of habeas corpus, and administer oaths in all cases wherein, by existing laws, that justices of the peace are required or authorized so to do.

May take depositions.

May grant in

straining

or

junctions, reders, &c.

(

1860.

To keep reings, and certi

§ 8. He shall keep a record of his proceedings, a certified copy of which shall be evidence in all courts of justice. cord of proceed. He shall, in all other matters not herein mentioned, have fied copy to be concurrent jurisdiction with justices of the peace, and taken as evi- shall be governed by the same laws and regulations. trials before said police judge shall be had and held in the town of Florence, Boone county, Kentucky.

dence.

Jurisdiction

not to exceed $50.

Process to be

issued in name

of Com'th, and

to whom directed.

lar terms court.

of

All

§ 9. Said police judge may have jurisdiction in civil causes of all sums up to fifty dollars. Said police judge shall issue his process in the name of the Commonwealth, as other warrants are, except otherwise provided for in this act, and make them returnable before himself as police judge of the town of Florence; but not so as to compel a defendant to go out of his district without his consent. The same shall be directed to the marshal, sheriff, or any constable of Boone county, and shall be executed and returned by the officer in whose hands the same is placed, under the same penalties as other processes from justices of the peace are: Provided, however, That when any prosecution is instituted and carried on at the instance of the council, the warrant shall state that it is so issued at their instance, in which case they shall be entitled to the fine or penalty recovered; and in case the defendant or defendants are acquitted, said council shall be liable for costs.

§ 10. The police judge shall hold a regular term of his To have regu- court for the trial of civil causes, on the first Saturday in each month after his qualification; and his court shall be open at all times for the trial of misdemeanors and other riotous assemblies.

His fees.

have exclusive

§ 11. The police judge shall be entitled to a fee of one half dollar for a peace warrant or a warrant for a riot, rout, or a breach of the peace, unlawful assemblies, affrays, or misdemeanors, or any breach of the laws in relation to the town. He shall be allowed fifty cents for all injunctions, restraining orders against absent defendants, and writs of habeas corpus, respectively; he shall be entitled to a fee of twentyfive cents for all orders of sale, twelve cents for a subpoena, fifteen cents for a certificate; and in all other cases his fee shall be the same as those of a justice of the peace for like services.

§ 12. The said court shall have exclusive original jurisSaid court to diction in all cases where the town council shall proceed jurisdic. where to condemn lands or materials for the opening, extendcouncil may ing, and widening streets, commons, market spaces, public demn lands. &c. squares, &c., in said town; and shall have power and

proceed to con

authority to award the writ of ad quod damnum, and adjudicate upon the same. Whenever the town council shall intend and determine to condemn land and materials in said town for purposes aforesaid, the council shall direct a peti

1860.

How land may

tion in the name of the town to be filed in said court, setting forth a particular description of the land or materials in said town to be condemned, for what purpose, and the be condemned. name of the owner or owners thereof; upon the filing of which the court shall award the summons to the proprietors, if living in the town or county, and if in the country, to the sheriff; and when the proprietor shall not live in the town or county, then notice to his or her agent shall be given, if he have one known to the authorities as such; or an order of warning shall be entered up by said court against him or them, and a copy of which shall be advertised for at least two weeks in some newspaper, or posted up in five of the most public places of the town. Upon the process being executed, or order of warning published, as aforesaid, the court shall, if any owner of the land or materials require it, award a writ of ad quod damnum, directed to the town marshal, who shall summons twelve lawful jurors of the Commonwealth to appear before the said court on the day fixed in the writ, at which time also the owners requiring it shall proceed to prove, by competent testimony, the damages which he or they will sustain by the condemnation prayed for; and the jury shall assess the amount which they shall deem right, taking into consideration the advantages and disadvantages which the owners may derive from the condemning of his land or materials, and the court shall render judgment against the town therefor, unless the town shall give notice to the court in thirty days that the opening of the streets is abandoned; in which case judgment shall only be rendered against the town for costs. The parties shall have the right of challenge as in civil cases, and the panel shall be filled from bystanders. The court shall rule all questions of law arising upon the trial, and may grant a continuance to a particular day, from time to time, upon good cause shown, and may award a new trial. Should the town or owner be dissatisfied with the verdict and judgment, an appeal may be taken to the circuit court, when it shall be tried de novo, from whence the cause may be taken to the appellate court, as other civil causes are taken.

§13. The said court shall always be open for the trial of criminal or penal causes and hearing complaints, and may set causes for any particular day, and make processes returnable at any day therein named, (or forthwith when the nature of the case may require it.)

§ 14. Fines for disturbing religious worship, riots, routs, unlawful assemblies, and breaches of the peace, may be assessed by a jury in said court to one hundred dollars; and all fines assessed in said court, and by justices of the peace in said town, shall be for the use of said town, as also all forfeitures and penalties recovered on rocognizances and penal bonds taken in the police court.

Court shall be for the trial of

open at all time

criminal and penal cases.

Fines to be

assessed by ju

ry not to exceed

$100.

1860.

Appeals may be taken.

§ 15. Appeals from the police court to the circuit court shall be allowed in all cases where the same jurisdiction is exercised as by justices of the peace, and when appeals would lie from justices; and also in all civil causes, the same as from the jurisdiction of a justice of the peace.

ARTICLE VII--President of the Council.

§ 1. The chairman or president of the council shall be President of the chief executive officer of the town, and it shall be his council to be duty to take care that the by-laws and ordinances of the officer of town. town be duly executed and enforced.

chief executive

His duties.

all meetings of council, &c.

§ 2. He shall keep the public seal of the town, and shall, from time to time, communicate to the council such information, and recommend such measures, as in his opinion may tend to the improvement of the finances, police, health, cleanliness, comfort, and ornament of said town.

§ 3. He shall preside at the deliberations of the board, To preside at sign the journal of the proceedings, all orders, bonds, contracts, and conveyances in behalf of said town, when directed by the council; and during the absence or inability of the president, the council shall appoint one of their own body president pro tempore, who shall perform the duties of president until the president shall resume his office: Provided, The legislature reserves the power to change or repeal this act at any time.

Approved February 17, 1860.

Trustees may house license.

CHAPTER 294.

AN ACT to incorporate and establish a Police Court in the town of Feliciana, in Graves county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

power

§ 1. That from and after the passage of this act, the trustees of the town of Feliciana shall have and authority grant coffee to grant coffee-house license, and tax the same in a sum of not less than twenty-five nor more than one hundred dollars; and it shall be the duty of said trustees, as soon after the passage of this act as may be, to fix the amount of tax as aforesaid, by an order on the records of said town; and on the 1st day of January of each year thereafter they shall fix the same again, which shall be the tax for the ensuing year; and upon presentation and payment of the tax so fixed, by any person or persons, a license to keep a coffee-house for one year shall be issued, signed by the chairman and countersigned by the clerk of the board: Provided, That on granting such license the applicant or applicants shall take an oath before the police judge of said town that he will not, during the period his license

Applicant to

take oath that

he will not fur

nish slaves li

quor.

remains in force, sell or give, or cause to be sold or given, to any slave of which he is not the owner and possessor, or which is not in his employ by contract with the person having the righful authority to hire the slave, any wine, brandy, whisky, or other spirituous liquor, or mixture thereof, without an order in writing from the person owning or having authority over such slave for the time being; and for a violation of such oath the offender shall be subject to all the penalties prescribed by law.

1860.

Judge & marshal to be elect

§ 2. That a police court be, and the same is hereby, established in the town of Feliciana, in Graves county; ed." which court shall consist of a judge and marshal, who shall be elected by the qualified voters of said town, and at the same time, and in the same manner, that the trustees of said town are hereafter to be elected.

§3. In case of a tie the same shall be decided in the same manner, and under the same rules and regulations, as now prescribed by law in relation to a tie vote for county judge; and all vacancies in either of said offices of police judge and marshal shall be filled until the regular election, by the county judge of Graves county.

How tie vote

decided, and filled.

vacancies, how

Judge and

side in town. Judge & marshal to be com

§ 4. The said police judge and marshal shall reside and keep their offices within the limits of said town; and the marsal to rejudge shall be commissioned by the Governor; and each of them shall, before he enters upon the duties of his office, take the oaths prescribed by the constitution and laws; which oaths may be administered by any officers authorized to administer oaths.

§ 5. The marshal shall, at the first county court of Graves county, after he shall have received his certificate of election, enter into bond, with good security, payable to the Commonwealth, conditioned to discharge faithfully and impartially all the duties required of him by law; and may be sued upon from time to time by any person feeling himself aggrieved. Said bond shall be kept and filed away in the county clerk's office by the clerk thereof.

missioned, and take oath.

Marshal to give bond.

Qualification of judge and marshal.

police judge.

§ 6. The police judge shall have the same qualification of the justice of the peace, and the marshal those of a constable; and each may be removed by judgment of the circuit court, upon the presentment of the grand jury, for malfeasance in office, subject to an appeal to the court of appeals. Said police court shall have jurisdiction of all Jurisdiction of violations of the by-laws and ordinances of said town; and shall also have the same jurisdiction of all cases, civil and penal, within the limits of said town, as justices of the peace now have, and shall have the same fees as justices of the peace. The police judge shall also have the power to issue attachments and injunctions, in the same manner and under the same regulations prescribed by the Code of Practice.