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CHAPTER 1339.

AN ACT to amend an act, entitled "An act to incorporate the Henderson Street Railway Company," approved February 13, 1886.

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

§ 1. That section 4 of chapter 63 of the laws of Kentucky, passed at the session of 1885-86 of said General Assembly, said chapter 63 being entitled "An act to incorporate the Henderson Street Railway Company," approved February 13, 1886, be amended by striking from the second line thereof the word "seven," and substituting the words "not less than three nor more than nine."

§ 2. That this act shall take effect from and after its passage.

Approved April 30, 1888.

CHAPTER 1340.

AN ACT to amend an act, entitled "An act to provide for the reorganization, maintenance and supervision of common schools in the town of Louisa and vicinity, which became a law April 16, 1886."

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

1. That section 14 of an act, entitled "An act to provide for the reorganization, maintenance and supervising of common schools in the town of Louisa and vicinity, which became a law April 16, 1886,” be, and the same is hereby, amended by striking out of the fourth line of said section the word "fifty," and insert in lieu thereof the words "twenty-five."

§ 2. This act to take effect from its passage. Approved April 30, 1888.

39-LOCAL LAWS, VOL. 3.

CHAPTER 1341.

AN ACT to incorporate the Winchester Fire Department.

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

§ 1. That W. A. Attersall, George Richter, G. W. Beihn, J. P. Conway, F. P. Pendleton, W. P. Winn, W. H. Hawkins, C. W. Parrish, and their associates and successors, be, and they are hereby, created a body-politic and corporate, with perpetual succession, under the name and style of The Winchester Fire Department; and by that name may sue and be sued, contract and be contracted with, plead and be impleaded, and do such other acts as are hereinafter provided, not inconsistent with the laws of the Commonwealth of Kentucky or any by-laws and ordinances of the town of Winchester.

§ 2. The officers of said department shall consist of a chief (who shall be ex officio chairman of said department), an assistant chief, an engineer, assistant engineer, fireman, secretary, treasurer, and such other officers as may, from time to time, be elected or appointed under the by-laws to be enacted by said department; the chief, assistant chief, engineer, assistant engineer, and fireman to be elected by the board of councilmen of the town of Winchester, on the first Friday in June of each year; all other officers of said department to be elected according to the bylaws to be enacted by it.

§ 3. Said department shall have the power to establish and maintain a library for the use of its members, and for such purpose may acquire and hold donations or subscriptions of books, periodicals, furniture and fixtures, and other personal property, to be controlled and managed by five managers, to be elected according to the by-laws to be enacted by said department.

§ 4. That said department shall have the power to set aside from any funds on hand, and hold the same

for the benefit of any or all persons (members of said department) who may, by accident or other cause, be disabled or injured while in the discharge of duty as members thereof, said fund to be controlled and managed by three trustees elected by said department according to the by-laws to be enacted by it.

§ 5. That said department may, for the purposes above stated, acquire and receive subscriptions, donations and contributions of personal property to an amount not exceeding ten thousand dollars.

§ 6. Said department may, by a vote of a majority of its members at a regular meeting, transfer from any fund it may have on hand to the managers of the library, or to the trustees of the fund set apart for the relief of injured or disabled members, such sum as it may deem proper.

§ 7. Said department shall have a common seal, and have power to enact such by-laws for its government as a majority of its members may deem proper, not inconsistent with the laws of the Commonwealth of Kentucky or the by-laws and ordinances of the town of Winchester.

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

Approved April 30, 1888.

CHAPTER 1342.

AN ACT to provide for the election and in part to define the duties of a mayor, board of councilmen and school trustees of the city of Frankfort, and to provide for the establishment of a board of commissioners to control the police and fire departments thereof, and to define their duties.

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

1. The chief executive officer of the city of Frankfort shall be styled the mayor, and shall be elected on the first Saturday in December, 1888, and every three

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years thereafter, by the legal voters of said city having the same qualifications as an elector to vote for Representative, and shall serve until his successor is qualified; and shall be ineligible to that office for the ensuing three years, unless the people shall decide otherwise as provided in section 7. No person shall be mayor who has not attained the age of thirty years, is not a qualified voter of the city, and who has not been a resident thereof for five years next preceding his election; who is not a bona fide owner of real estate in said city at the time of his election; who holds any other civil office, or is directly or indirectly interested in any contract with said city as principal or surety; and if, after election, he becomes so interested, or an applicant for such contract, or a candidate for any office or agency, his office shall thereby become vacant, and the board of councilmen shall so declare and fill the vacancy.

2. The mayor shall commence the execution of his office on the first Tuesday in January succeeding his election. He shall receive for his services not less than five hundred nor more than one thousand dollars per annum, payable quarterly out of the city treasury, the amount to be first fixed by the board of councilmen. He shall, from time to time, give the board of councilmen such information of the state of the corporation, and such suggestions as he may deem proper or they may require; and he may recommend to them such measures as he may deem important for their consideration. He shall exercise a general supervision over all the executive and ministerial officers of the city, and see that their official duties be honestly performed; and may require from them statements in writing concerning the discharge of said duties. He shall take care that the laws, ordinances and resolutions of the city are faithfully executed, and shall perform such other duties, not inconsistent with the city charter, as may be required by ordinance or resolution. He shall be head

of the police of the city, and may command them in the performance of their' duty; and when deemed by him necessary to enforce the laws, or arrest calamity, or save life or property in case of danger, he may order into service any of the citizens, either civil or military, and in such cases he shall be present and command in person; and the board of councilmen shall prescribe suitable fines and penalties for disobedience of his orders on such occasions. Except on adjournment, or approval of a contract theretofore approved by the mayor, every proposed ordinance or resolution which has passed the board of councilmen shall be presented to the mayor, and if he approve, he shall sign it, and then it shall be obligatory; but if he disapprove, he shall return it, with his objections in writing, and the said board of councilmen shall then reconsider the same, and if two-thirds of the members elect concur in adopting it again, it shall be obligatory; but in such cases the votes shall be taken by yeas and nays, and recorded in the journal; should he withhold a proposed ordinance or resolution beyond the day for the next regular meeting, and the board of councilmen actually meet, if three days have intervened between the presentation to the mayor and such meeting, it shall be obligatory as if signed. For special reasons the mayor may convene the council at any time.

3. The mayor shall have the same power to administer oaths or affirmations that justices of the peace and other judicial officers of this Commonwealth have; and persons violating such oath or affirmation shall be subject to the penalties prescribed by law for violating such oath or affirmation, if taken before any judicial officer. Should the mayor be temporarily disabled for discharging his duties, or the office become vacant be fore the expiration of his term, the said council shall elect a mayor pro tem., who shall discharge the duties. of the office during the continuance of the disability, or until a mayor has been elected and qualified as pro

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