of them, shall have power and authority to remove either of them for failing to do their duty, and appoint others in their places. SEC. 5. That it shall be the duty of said Treasurer and Clerk to keep a record of the proceedings, which properly belong to their respective offices; and it shall be the duty of said Treasurer to render an account to said Trustees, of all moneys received and paid out by him, whenever by them required so to do. SEC. 6. That it shall be the duty of the Trustees to appoint one of their own body Chairman of said Board; and that no money shall be drawn from the Treasury, except by order of said Chairman, in pursuance of allowances made by said Board. SEC. 7. That it shall be the duty of the Governor, by and with the advice and consent of the Senate, to appoint a judicial officer to be styled "the Police Judge of Bardstown," who shall be commissioned as such during good behaviour, who, before he enters upon the duties of his office, shall take an oath before some Justice of the Peace to discharge the duties of his said office faithfully and impartially, to the best of his ability, without favor, affection or partiality, and to the best of his ability, without favor or affection to any, together with such other oaths as public officers are usually required to take. The said Police Judge shall have jurisdiction within the limits of said town, and within a square of two miles around said town, the court house in said town being taken for the centre, and one mile on the Louisville road being taken for one corner of said square, of all causes, civil and criminal, in which Justices of the Peace have jurisdiction, except as a court of enquiry in criminal cases, in which he shall have the jurisdiction now given by law to two Justices of the Peace; and shall proceed, in like manner, as said two Justices are required to proceed in criminal cases. He shall have jurisdiction of all offences arising under the by-laws of said town, and shall have power to enter judgment and award execution accordingly. He shall have full power and authority to grant injunctions, restraining orders against absent defendants, writs of ne exeat and habeas corpus, under the same rules and regulations, prescribed by the several acts authorizing certain Justices of the County Courts to grant injunctions, writs of ne exeat, and habeas corpus; and it shall be the duty of said Judge to keep a record of his proceedings, a copy of which shall be evidence, and shall have the same effect as records of Justices of the Peace. He shall have power to issue summons for witnesses to give evidence in cases pending before him, and upon their failure to attend, to issue compulsory process to compel their attendance. He shall have power to fine and imprison for contempt, provided that said fine shall in no wise exceed ten dollars, nor the imprisonment twelve hours. He shall have power to order the Marshal to summon a jury, in any cause cognizable before him, where a jury would be re 1838. Duty of the Treasurer. Chairman. Governor to appoint a Police Judge, and his powers. 1838. Appeals may be taken. Duty and powers of the Marshal. quired before a Circuit Court, or a Justice of the Peace. It shall be lawful for said Police Judge to take depositions, and certify the same where they are to be read as evidence, in any cause pending in any court in this Commonwealth. He shall be entitled to the following fees, to-wit: for a peace warrant, or for a rio, rout, unlawful assembly, or breach of the peace, fifty cents; for issuing a warrant for a violation of the by-laws of said town, or in any case where the Trustees are plaintiffs, twenty five cents; for swearing a jury and presiding over the trial in any case, except forcible entry and detainer, fifty cents; for taking recognizances to keep the peace, upon the application of any person, fifty cents, to be charged to the applicant; all other fees of said Judge shall be the same as those allowed Justices of the Peace for like services, and to be collected in the same way. SEC. 8. That upon all judgments rendered by the said Police Judge, either party shall have the right to appeal from said judgment, in the same manner that appeals are taken from judgments of Justices of the Peace in similar cases. SEC. 9. That it shall be the duty of the Marshal to serve all process and precepts, to him directed, from the said Police Judge, and make due return thereof; collect all taxes of said town, executions and other demands, which may be put into his hands to collect, and account for and pay over the same to whomsoever may be entitled thereto, under the same rules and regulations required by law of Sheriffs in the collection of taxes, and of Constables in the collection of executions, or other demands; and for a failure to perform any of the duties required of him, he shall be subject to the same proceedings, which may be had against Sheriffs and Constables in similar cases. The said Marshal shall be entitled to the same fees for collecting the town tax that Sheriffs are entitled to for collecting the county levy, and in all other cases the same fees allowed to Constables for similar services; provided, however, that the said Police Judge shall have power and authority to direct his process to be executed by any Constable of the county: and, provided further, that said Marshal shall be invested with all the power and authority which is given to Constables in all cases cognizable before said Police Judge. SEC. 10. That all fines and forfeitures, for a violation of the ordinances of said town, in all cases cognizable before said Police Judge, shall be collected and paid to the Treasurer of said Board, for the use and benefit of said town, any law to the contrary notwithstanding; and all money collected by a judgment of a Justice of the Peace, for a violation of any of the ordinces of said town, committed within the limits of said town shall, in like manner, be paid over to the Treasurer. SEC. 11. That all contracts already entered into by or with the Trustees of Bardstown, shall be obligatory on the Trustees elected under this act. SEC. 12. This act shall take effect from its passage; provid ed, however, that the present Trustees shall continue to serve until their successors shall be elected and duly qualified according to the provisions of this act. 1838. Approved February 12, 1838. CHAP. 801-AN ACT to amend an act, entitled, an act incorporating the towns of Harrodsburg and Danville. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the above act as limits its continuance to the period of two years, be and the same is hereby repealed. Approved February 12, 1838. CHAP. 802-AN ACT to repeal an act, entitled, an act concerning Ferries on Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act, entitled, an act concerning ferries on the Cumberland river, in Trigg county, approved the 17th day of February, 1837, be and the same is hereby repealed. Approved February 12, 1838. CHAP. 803-AN ACT to allow an additional Justice of the Peace and Constable to Floyd County, and for other purposes. WHEREAS, it is represented that the Paint neighborbood, in Floyd county, suffer great inconvenience from the want of a Justice of the Peace and Constable-wherefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be allowed to the county of Floyd one additional Justice of the Peace and Constable. A justice allowed to Floyd A constable's cer enlarged. SEC. 2. Be it further enacted, That Asariah D. Haynes' Constable district, in the county of Mercer, be and the same is hereby so enlarged as to include the town of Harrodsburg, district in Merand the angle embraced by the public roads leading from Harrodsburg to the mouth of Shawnee run and Shawneetown, and a line running east and west between said roads, and immediately to the south of John H. Slaughter's farm. SEC. 3. Be it further enacted, That one additional Constable be allowed to the county of Gallatin. Approved February 12, 1838. Constable to Gallatin. 1838. Town established. Corporate powers. ed. Chairman & CHAP. 804--AN ACT to incorporate the town of Paducah, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the town of Paducah, as now established by law, within the boundaries defined in the plat of said town, shall be and is hereby declared to be the town of Paducah; and as such, by that name, shall be capable in law of contracting and being contracted with, of suing and being sued, of answering and being answered, in all matters whatsoever, and in all courts and places. SEC. 2. That the fiscal, prudential and municipal concerns of said town, with the government and control thereof, shall Trustees elect- be vested in one principal officer, to be styled the Chairman of the Board of Trustees of Paducah, and six Trustees; all of whom, for the first time, shall be elected on the second Monday in March 1838, in the same way that the Trustees of said town have heretofore been elected, who shall hold their office for one year, and until their successors shall have been qualified. The Chairman shall be elected and hold his office for one year, and until his successor be duly qualified: all of whom shall be freeholders, and shall have resided in said town one year next preceeding their election. tees. SEC. 3. That on the second Monday in March 1838, and in each succeeding year, the free white male inhabitants in Who may said town, over twenty one years of age, who have resided vote for trus- therein six months next preceding the time of the election, and who shall have paid up all arrearages due said town for his poll and other tax, for the preceeding year, (which upon being questioned, must be satisfactorily shown,) may vote for a Chairman and six Trustees, naming who they vote for as Chairman and who as Trustees. The Chairman and Trustees shall, before entering upon the discharge of the duties of their office, be qualified before some Justice of the Peace, to support the constitution of the United States and the State of Kentucky, and discharge their duties as Chairman and Trustees (to which office they may have been severally elected,) to the best of their ability, during the time they continue in office. entered of record. SEC. 4. That the Clerk of the Board of Trustees shall enter, Votes to be on the records of the Board, the number of votes given to each person as Chairman, and to each person as Trustee; and the person having the highest number for Trustees, shall be the Chairman and Trustees for Paducah. The Chairman, Trustees, and all officers thereof to be appointed by them, shall reside and keep their office within the limits of said town during their continuance in office. Three months' absence from said town, by the Chairman or Trustees, shall vacate their ofAll officers to fice, by a resolution to that effect, by the remaining Trustees; and another, in such case, may be elected by them in their stead. And the Chairman of the Board of Trustees reside in town. 1838. Officers to Powers and man. shall be qualified before a Justice of the Peace; he shall be authorized to administer an oath to each and every Trustee, and all officers of said Board. The Chairman, with a majority of the Trustees elected, shall be capable of doing business in ses- take oath. sion; the Chairman shall preside and give the casting vote when there shall be a tie; he shall call the Board to order, and convene the Board when he may think proper. The Board of duties of chairTrustees shall have power to enforce the by-laws and inflict penalties, not exceeding two dollars, on any member for nonattendance, at one meeting, to be applied for stationary, lights and fuel for said Board. The Chairman and Board of Shall appoint Trustees shall, annually, appoint a Clerk, Assessor, Treasurer, town officers. Marshal, Market Master, Surveyor, and other officers, as may be necessary to carry into effect the by-laws, rules and regulations made for the general welfare of the citizens of the town. The Trustees shall have power, in every year, twenty days' previous to the annual election in such years, to appoint two competent individuals, living within the limits of said town, Judges of the election, who being first duly sworn, shall, in conjunction with the Clerk of said Board, hold an election for Chairman and Trustees as directed in the foregoing section of this act; the Clerk shall advertise, at three of the most public places in said Town, fifteen days previous to holding such election, the time and place of holding the same. The Chairman and Board of Trustees shall have power and authority to impose fines upon all persons who shall be guilty of indecent or boisterous conduct, as disturbs the peace and dignity of said town. They shall have power and authority to impose fines upon persons who shall be guilty of running Trustees. horses, profane swearing, shooting guns, or making reports, by the burning of powder, blowing horns, crying aloud by day or night, and all riotous conduct within said town; the fines, for such offences, to be ascertained by a jury, as in cases of breaches of the peace, in any sum not exceeding twenty dollars for each offence. SEC. 5. That non-residents' property, real and personal, may be sold for taxes, subject to redemption in three years, with twenty per cent per annum on debt, with costs thereon. The Clerk shall report to the Board the ground belonging to non-residents, who may, by resolution, order a sale; which resolution shall be signed by the Clerk and Chairman, a copy of which shall, by the Marshal, be duly advertised, for thirty days, in some newspaper published in said town; after the expiration of the time advertised, on the return of the Marshal that the taxes have not been paid, the Chairman shall issue an order of sale, to be executed by the Marshal, who is hereby authorized to convey to the purchaser the ground sold by him for debts and costs, subject to redemption as aforesaid. Powers of Property of non-resid'ts may be sold for taxes. And title con veyed. Officers of SEC. 6. That the Chairman of the Board of Trustees shall require bond, with sufficient security, in adequate penal- the town ties, payable to the Chairman and Board of Trustees, from the give bond. to |