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ting the question of taking stock in said railroad com- Order of election pany to the voters of said precinct or precincts, will let the order show that the amount to be subscribed is a sum necessary to pay for the right of way through said precinct or precincts for said railroad, and in no event is it to exceed the sum necessary to pay for such right of way.

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

Approved April 13, 1888.

CHAPTER 1063.

AN ACT to incorporate the town of Sandy Hook, in Elliott county, and to repeal an act, entitled "An act to incorporate the town of Martinsburg, in Elliott county," approved February 2, 1872.

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

§ 1. That the town of Sandy Hook, in the county of Elliott, be, and the same is hereby, incorporated, and the boundary of said town shall be as follows: Begin- Boundary. ning at a beech tree at the mouth of a small drain, just below L. C. Prichard's dwelling-house; thence, running up with said drain to the forks of the same; thence, with the right-hand fork of said drain to a beech standing in said drain, near the point where the old cross-fence use to be; thence a straight line to a large holly standing in L. C. Prichard's field; thence, a straight line, running with two sugar trees, to the corner of the F. M. Mannin lot, next to a small drain; thence with said F. M. Mannin lot to the county road; thence a stright line to Sandy creek; thence up Sandy creek to the beginning.

2. That the qualified voters of the town of Sandy Election. Hook shall, on the first Saturday in March, 1889, and at the same time in each year thereafter, meet at the court house in said town, and elect three trustees for said town, who shall hold their offices for the term of

Police judge.

one year, and until their successors are elected and qualified. That said trustees shall elect one of their body as chairman, who shall preside at all the meetings of said board and sign the records of their proceedings; that the chairman shall have the power to adjourn the sessions of said board, and to call meetings at such time and place as he may designate; that said board shall have power to appoint a clerk to record the proceedings of said board, and a treasurer to receive and disburse all the money belonging to this corporation, under the order and direction of said board; and appoint an assessor to assess the property and list the tithes of said town.

§ 3. That on the first Saturday in March, 1889, and every two years thereafter, said voters of said town shall meet at the court-house in said town and elect a police judge and a town marshal, who shall hold their office for the term of two years, and until their sccessors shall be elected and qualified; that said police judge shall have the same jurisdiction in civil cases as a justice of the peace, and in penal or criminal cases shall have all the power and jurisdiction of a county judge, except in holding court of inquir, in cases of homicides, in which cases he shall not be empowered to act, unless the county judge is absent from the county, or otherwise disqualified, in which event said police judge shall have the same jurisdiction in such cases that the county judge now has, and shall have entire and exclusive jurisdiction of all cases arising under a violation of the by-laws and ordinances of the trustees of said town; and shall receive for his services the same fees as are allowed justices of the peace for like services: Provided, That a change of venue may be had to a justice of the peace, and appeals may be taken from the judgments of said police judge, in the same manner and under the same rules as is now required by law regulating changes of venue and appeals from a justice of the peace.

§ 4. That said town marshal shall collect the taxes.

and revenues of said town, and all executions and Marshal.
attachments and assessments that may be issued by
said police judge; and execute and return all process
and precepts that may be issued by him or any county
judge or justice of the peace that may be directed to
him; and may perform all duties that a constable may
rightfully perform, and be subject to all the penalties
that constables are subject to for a failure to perform
his official duty; and may be proceeded against by
suit or motion in the same manner; and shall receive
for his services the same fees as are allowed consta-
bles for like services. Before he shall enter on the
discharge of the duties of his office he shall execute
bond in the Elliott county court, with good surety,
for the faithful performance of the duties of his office.
Any person having a right to do so may sue on said
bond in any court having jurisdiction, or motion
against said marshal before said police judge, and
recover judgment against said marshal and his sure-
ties for all moneys collected on execution, attach-
ment, fee-bill, note, account or other demand placed
in his hands for collection; and also all such per cent.
or damages allowed by law against constables for fail-
ing to pay over money when collected, or to return
any execution or other process placed in his hands.

§ 5. That before any of the officers before named shall enter upon the discharge of their several duties, they shall take the several oaths prescribed by the Constitution and laws of this State.

Oath.

6. That when from any cause the office of marshal Vacancies. or trustees of said town becomes vacant, the judge of the Elliott county court is hereby empowered to appoint said marshal, trustee or trustees, as the case may be, to fill said vacancy, the same to be as binding and to have the same effect as if the said officer was elected.

§ 7. That said trustees and their successors shall be Corporate name. a body-corporate, and by the name of the "Trustees

of the Town of Sandy Hook" may sue and be sued,

Police court.

Election.

plead and be impleaded, in all courts of common law or equity jurisdiction; use a common seal, and alter the same at pleasure, and have perpetual succession.

§ 8. There shall be a police court held in said town of Sandy Hook in each month in the year, except in the months in which the circuit court for said county is held, and continue in session so long as the business shall require. The county judge shall fix the day of the commencement of said police courts, and note the same on his order-book, of which public notice shall be given by printed or written handbills, posted on some conspicuous object, in three or more places in said town. If the time of holding court be changed, notice thereof shall be given in like manner.

§ 9. That the first election to be held herein shall be conducted by the clerk of the Elliott county court, who shall certify the poll-book, compare the same, and give certificates of election; the certificate of election of police judge shall be certified to the Governor of this Commonwealth, who shall issue a commission to the person thus elected; and all elections to be held thereafter shall be held by two or more of said trustees or the clerk of the Elliott county court, who shall certify as before directed.

§ 10. That the act incorporating the town of Martinsburg, in Elliott county, approved February 2, 1872, be, and the same is hereby, repealed.

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

Approved April 13, 1888.

CHAPTER 1064.

AN ACT to amend an act for the benefit of Jefferson county, approved February 5, 1868.

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

§ 1. That section 1 of the act to which this is an amendment be, and the same is hereby, repealed.

§ 2. That the following words in section 2 of the act to which this is an amendment, viz: "In addition to a poll tax of one dollar and fifty cents" be, and the same are hereby, stricken out of said section.

§ 3. That nothing in this act shall be construed to repeal or impair the ad valorem tax, the poor-house tax, and the road tax, now allowed by law.

4. This act shall take effect from its passage. Approved April 14, 1888.

CHAPTER 1065.

AN ACT to amend an act, entitled "An act to establish the office of physician to the jail of Jefferson county."

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

That in lieu of an act approved March 15, 1870, entitled "An act to establish the office of physician to the jail of Jefferson county," the following law shall prevail :

§ 1. That the levy court of the county of Jefferson shall, at its March term of the year 1890, and at the same time each succeeding four years thereafter, elect a physician to the jail of said county, who shall enter upon the discharge of the duties of said office on the first Monday of the November following, and shall hold said office for the term of four years, and until his successor shall qualify.

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