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1872.

raised to be

same.

The town assessor shall make the assessments necessary for the fixing and collection of said amounts under such provisions and rules as may be prescribed by the board of trustees of said town. Said amounts, and the interest on the same, together with the expenses of collecting the same, shall be collected by the marshal of the town by levy, distress, or sale, in the same manner as the town revenue is collected; and the officer, for said sums, shall, with his sureties, be responsible upon his official revenue bond, for the faithful discharge of his duties, with such penalties as are now prescribed by law for delinquencies. § 16. The funds arising from the levies directed to be Funds thus made by section fifteen of this act, and the bonds by said used for school section directed to be issued, shall be paid and delivered purposes only. into the school treasury, or the said bonds may be delivered to the board of trustees of said public school, and by them used for the said building or buildings, and the purchase of ground, either by cashing them or paying them to contractors and others to whom the said board may be indebted on account of same. All moneys in the school treasury shall be under the control and management of the board of trustees of said common school, and used by them for the sole purpose of said public schools and purchase of property and erecting of buildings therefor. If any of said trustees, or the treasurer, shall, without authority of the board, use or appropriate any of said funds to his own use, he shall be deemed guilty of a felony, and upon conviction shall be confined in the penitentiary not less than one or more than five years.

State to be

manner

above provided

§17. The commissioner or commissioners for common Funds from schools shall annually make an estimate of the share or used in same proportion of the State common school fund which would be coming or due to the school district of the town of Madisonville, if the boundaries of said town were taken as the boundary of said district, and shall annually pay over to the board of trustees herein created the full amount of such proportion or share, which shall be held by them as the other funds herein provided for.

non-resident

§ 18. The board of trustees of said public school may May admit admit into any of the schools white children who are nonhildren to residents of the town of Madisonville, upon such terms and conditions, and upon payment of such charges, as to them may seem right.

schools.

effect when rat

§ 19. This act shall take effect and be in force so soon Act to take as the same shall be ratified by a majority of all the white ified by vote of Votes cast of the white qualified voters of said town, at eitizens of said any election held for the purpose of taking the sense of said voters upon the subject of said ratification. The chairman and board of trustees of said town shall cause

town.

this act to be published, and due notice of any election to be held for that purpose.

1872.

Approved February 5, 1872.

CHAPTER 192.

AN ACT to prohibit the sale of apirituous, vinous, or malt liquors within one mile of Richland school-house, in Mason county.

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

§ 1. That hereafter it shall not be lawful for the Mason county court to grant a license to any saloon-keeper, merchant, or to any person, for the sale of spirituous, vinous, or malt liquors, or a mixture of any of them, within one mile of the Richland school-house, near the town of Hel

ena.

§ 2. This act to be in force from and after its passage. Approved February 5, 1872.

CHAPTER 194.

AN ACT to legalize certain orders of the Mercer county court. WHEREAS, The county court of Mercer county, at its November term, 1871, levied an ad valorem tax of twelve cents on the one hundred dollars of taxable property in said county subject to taxation for State revenue purposes, to pay off the indebtedness of said county; and whereas, doubts arising as to the legality of said tax levied, aforesaid; for remedy thereof,

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

§ 1. That the action of the county court of said county in making said levy, and all acts done in pursuance thereof, be, and the same are hereby, legalized and made valid for all purposes as fully as if made in strict conformity to law.

§ 2. This act shall take effect from its passage.

Approved February 6, 1872.

CHAPTER 196.

AN ACT concerning the county levy and taxation in Livingston county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the county court of Livingston county, a majority of the justices in commission being present and

1872.

concurring therein, is hereby authorized to levy an additional tax, not exceeding twenty cents on each one hundred dollars' worth of taxable property in said county; and an additional tax of fifty cents for each poll, for the purpose of repairing public buildings in said county.

§ 2. That it shall be the duty of the sheriff to collect said tax under the same law and responsibility, as to himself and his sureties, and to receive the same compensation, as now prescribed by law for the collection of county levy, and pay over same to the order of said county. §3. This act to take effect from and after its passage. Approved February 6, 1872.

CHAPTER 198.

AN ACT for the benefit of district No. 3, in McLean county.

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

§ 1. That the county judge of McLean county be, and he is hereby, authorized and empowered to appoint the county assessor to assess the property in district No. 3, in said county, for taxes on subscriptions for railroad purposes; and it shall be the duty of the railroad commissioners to pay said assessor a reasonable compensation therefor.

§ 2. This act shall take effect from its passage.

Approved February 6, 1872.

CHAPTER 199.

AN ACT to amend an act, entitled "An act to authorize the Henderson county court to raise money by an ad valorem tax and issuing bonds," approved February 27th, 1867.

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

That the second section of the act approved February 27th, 1867, to authorize the Henderson county court to raise money by an ad valorem tax and issuing bonds, be so amended as to allow said court, constituted as set forth in said section, to borrow on the credit of the county any sum of money not exceeding forty thousand dollars, and to issue bonds of said county for this purpose, for such amounts, each, as they may deem proper, to bear interest at any rate not exceeding ten per cent. per annum, payable semi-annually.

Approved February 6, 1872.

CHAPTER 201.

AN ACT to amend the charter of Dry Creek and Covington Turnpike Company.

WHEREAS, It is represented to this General Assembly that the eastern portion of said road, lying east of Pleas ant Run, is embraced in the corporations of Ludlow and West Covington, and constitute public streets therein; and it appears that the tolls collected by the company are insufficient to keep in repair the said road and the bridges across Dry creek and Pleasant Run; but it is thought the company keep up said bridges and road west of the east bank of Pleasant Run, if relieved of the expense of the road east of the last mentioned creek; wherefore,

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

§ 1. That the Dry Creek and Covington Turnpike Company be, and are hereby, authorized to give up to the corporations of Ludlow and West Covington so much of the said road as lies within said corporations; and such parts of said road shall henceforth constitute streets therein, and be controlled and managed as such; and said company shall no longer have any control thereof, or required to =repair the same.

§ 2. That said company may remove its present tollgate to a point west of Pleasant Run, and charge and collect the same tolls as are now authorized, though the length of the pike may be reduced to less than five miles: Provided, The said company shall keep up said bridges across Pleasant Run and Dry creek, and the approaches thereto, and to keep the road in traveling condition, though the macadamized part shall not hereafter be required to be more than twelve feet wide.

§ 3. This act to take effect from its passage.

Approved February 6, 1872.

1872.

CHAPTER 202.

AN ACT to amend an act, entitled "An act to authorize the Elliott county court to levy an additional tax for county purposes," approved March 8th, 1870.

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

1. That an act, entitled "An act to authorize the Elliott county court to levy an additional tax for county purposes," approved March 8th, 1870, be, and the same is hereby, so amended as to allow said county court of Elliott to levy and collect twenty-five cents on each one

1872.

hundred dollars' worth of property in said county, in addition to the amount allowed to be levied and collected by the provisions of the act to which this is an amendment; which said tax shall be expended in the payment of the present indebtedness of said county.

2. The tax hereby allowed to be raised shall be levied and collected in the manner as directed in the act to which this is an amendment. This act, and the act to which this is an amendment, shall continue in force till the 1st day of January, 1874.

§3. This act shall take effect from its passage.

Approved February 6, 1872.

sell liquors in Edmonton.

CHAPTER 203.

AN ACT to prohibit the sale of spirituous, vinous, or malt liquors within one mile of the court-house, in Edmonton.

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

§ 1. That it shall be unlawful, after this act takes effect, Unlawful to for the county court of Metcalfe county, or the board of trustees of Edmonton, or any other person or persons, to grant a license to any person or persons to sell, in quantities less than forty gallons, any spirituous, vinous, malt, or intoxicating liquors, or a mixture of the same, within one mile of the court-house, situated in the town of Edmonton, Metcalfe county, except to a practicing physician, for use in the practice of his profession, and for no other purpose.

law.

2. That any person or persons selling such liquors Penalty for shall be deemed guilty of keeping a tippling house, and violating this for the first offense, upon presentment of a grand jury, shall be fined one hundred dollars, and for every subsequent offense shall be fined two hundred and fifty dollars, the fines to be collected as other fines are collected; but nothing in this act shall be construed as prohibiting druggists from selling in any quantity, upon the written prescription of a practicing physician.

§3. Any physician violating the provisions of this act Penalty on by false representations to vendors of liquors as to the physician violating law. purposes to which he intends appropriating any liquors he may purchase, shall be deemed guilty of a misdemeanor; and for the first offense, upon presentment of a grand jury, shall be fined one hundred dollars, and for every subsequent offense shall be fined two hundred and fifty dollars, to be collected as other fines are collected.

Circuit court

to give in

§ 4. It shall be the duty of the circuit court to give this charge to grand act in charge to the grand juries of said county at each term thereof: Provided, That nothing herein shall prohibit

jury.

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