1838. CHAP. 554-AN ACT to amend the charter of the Oakland Turnpike Road Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the seventh section of an act, entitled, an act to incorporate the Oakland Turnpike Road Company, approved February sixteenth, eighteen hundred and thirty seven, as makes said road a part of the Louisville and Elizabethtown Turnpike Road Company, be and the same is hereby repealed. Approved January 10, 1838, CHAP. 555-AN ACT allowing an additional Justice of the Peace to Rockcastle County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an additional Justice of the Peace be allowed to the county of Rockcastle, who shall be commissioned according to law. Approved January 10, 1838. CHAP. 556-AN ACT for the benefit of Isaac Cox and children. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Sarah T. Cox, Malvina A. Cox, and Christiana Cox, infant children of Isaac Cox, to join their father in a deed of confirmation to the claimants of lot number thirty four, in the city of Louisville, and such deed of confirmation shall be binding on them, and pass their title and claim to said lot, as though they were of full age. Approved January 10, 1838. given to return list. CHAP. 557-AN ACT giving further time to the Sheriff of Nicholas County to return his delinquent list. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Nicholas county Further time shall have until the first day of July next to make out and return to the Auditor of Public Accounts his delinquent list for the year 1837, and his said list, when made out and returned, by the time aforesaid, shall be as good and valid as though it had been made out and returned as now required by law. County court to certify list. SEC. 2. That the County Court of Nicholas county shall be and it is hereby authorized to receive the Sheriff's delinquent list, at any time before the said first day of July next, as though it had been made out and presented in due time, as now requir ed; and should said Sheriff have paid the entire amount of the revenue of his county, collectable in 1837, before presenting his delinquent list to the Auditor, the Auditor shall, upon the receipt of said list made out as before provided, issue his warrant on the Treasury for the amonnt of the same in favor of said Sheriff, payable out of any money in the treasury not otherwise appropriated. Approved January 10, 1838. 1838. CHAP. 558-AN ACT to change the place of holding elections in the Lower Blue Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, approved the eleventh day of February, one thousand eight hundred and thirty six, entitled, an act to change the place of elections in the lower Blue Lick precinct, in Nicholas county, shall be and the same is hereby repealed, and that the elections in said precinct shall, hereafter, be held at the said Blue Licks at the house now occupied by Robert Payne. Approved January 10, 1838. CHAP. 559-AN ACT for the benefit of the Clerks of the Circuit and County Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so soon as the Clerks of the Circuit and County Courts of Gallatin county shall have removed all the books and papers belonging to their respective officers to the town of Warsaw, in said county of Gallatin, it shall be the duty, and the County Court of said county is hereby directed to levy a sum sufficient, at their next court of claims, to defray the necessary expenses incurred for the transportation of the same, as also to cover the rents for houses which are to be used exclusively for the offices aforesaid. Approved January 10, 1838. CHAP. 560-AN ACT allowing an additional Justice of the Peace to the County of Wayne. WHEREAS, is is represented that an additional Justice of the Peace is needed in Wayne county, on the north side of the Cumberland river-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be allowed to the county of Wayne one additional Justice of the Peace. Approved January 10, 1838. 1838. CHAP. 561- AN ACT to allow one additional Constable to the County of Shelby. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That one additional Constable be allowed to the county of Shelby, to reside near the milis and tanyard of Major Leonard W. Scarce, on Guest's creek. Approved January 10, 1838. CHAP. 562-AN ACT for the benefit of James Q. Kendrick. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for James Q. Kendrick to sell a negro man slave named Reuben, who was raised in Kentucky, taken to Virginia, and who is now in Pike county, among his relations, to any citizen of Pike county; any law to the contrary notwithstanding. Approved January 10, 1838. City boundary. Certain ground subject to tax ation. CHAP. 563-AN ACT to amend the charter of the City of Louisville. * SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the boundary of the city of Louisville shall begin at the northwest corner of the former town of Portland, and running thence with its line to the southwest corner of said town; thence to the southwest corner of the city, on the Shippingport and Salt river road; thence with the city line to low water mark on the south fork of Beargrass; thence to the northwest corner of James Southard's land, common to him and Pettitt, on the Bardstown Turnpike; thence with Southard's and Pettitt's line to the old line of Southall and Charlton; thence with that line to the -middle fork of Beargrass, at low water mark; thence to a point, formerly Jacob Geiger's upper corner on the Ohio river; thence north, across the river to low water mark; thence with the river, at low water, to a point due north from the beginning, and thence across the river to the beginning. SEC. 2. That all the ground lying between eighteenth cross street, on the east; Portland avenue, on the south; the Shippingport road, on the west, and the Canal ground, on the north, and all the ground on the south side of the Portland avenue, to the depth of the five acre lots thereon, shall be subject to the same rate of taxation, by the city, as other property within it. SEC. 3. That the Mayor of said city shall be elected by Election of the qualified voters thereof, at the time and places of holding the election of members of the council, and shall hold his of fice for the term of three years, and until his successor is elected. He shall be incligible for three years after the ex Mayor. 183. He is not to He shall piration of his term; upon his death, resignation, removal from office, or the vacation of his office, by removing from the city, a successor to the Mayor, for the unexpired residue of his term, shall be elected by the council. He shall have no pow- revoke a license er to revoke a license. He shall remove from office any officer whose removal is confided to him, on the application of the council, nine members concurring therein. He shall not, remove officers. by improper interference with any city, state, or national election, attempt to control or influence the vote of another, and if he shall so interfere, the council shall, for that cause, letter remove him from office-its members determining what is or is not such an improper interference with an election. He shall not interfere in e Who shall as councilmen. SEC. 4. That no person shall be eligible as a member of the council of said city, who is not of the age of twenty five not be eligible years; who is not a resident of the ward electing him; who has not resided in the city three years next preceding the election; who is not a free holder, or housekeeper with a family, and who shall not have paid his city taxes at least twenty days previous to the election. SEC. 5. That when the Mayor, or any member of the coun cil, shall consent to become a candidate for a seat in the Legislature, or Congress, such consent shall be deemed a resignation of his office. What shall vacate their of fice. Limations of council. SEC. 6. That the council, nine members concuring, (after Mayor or counten days' previous notice.) may expel any one of its own cilman may be body, or remove the Mayor from office, the reasons therefor expelled. being spread on its journal. The concurrence of a majority of all its members shall be required, in electing any officer elective by the council; in the purchase and sale of real the powers of estate; in contracts involving the expenditure of money; in the Mayor and all acts for raising money; in all appropriations of money, (except for the payment of fixed salaries and wages,) and in the passage and repeal of ordinances; nor shall any ordinance be passed upon the day on which it is introduced. It shall not make, or authorize, any contract for the payment of money, at a day beyond the current fiscal year ending the tenth day of March, except for the completion of the court house and the erection of a work house and jail; and in compliance with the contract with the Louisville Medical Institute; and for the improvement of the square designated for a University; and for completing the purchase of the city wharf; nor shall it obtain money, on loan, for the use of the city, except in anticipation of the revenue of a current fiscal year, to be repaid out of the same within such year. Every contract or loan, made or obtained contrary hereto, shall be void as against the city, its property and revenue; but shall be binding on the members of the council, jointly and severally, who were present when such contract or loan was authorized, and failed to record his or their votes against the same on its journal. If the Legislature shall, hereafter, authorize the council to make contracts, or obtain loans contrary hereto, unless otherwise 1838. Notice to be given to owners of property before contracts are made for grading, &c. specially provided, it shall not be lawful for the council to make such contract, or obtain such loan, without the previous assent of a public meeting of the citizens, to be convened for that purpese, after ten days' previous notice, and publication of the law, in two public newspapers printed in Louisville.. SEC. 7. That before any contract for grading or paving streets, alleys or side walks shall be made, it shall be the duty of Mayor and Council to cause written notice to be given to the owners and proprietors of the lots, and parts of lots, fronting such street or alley, if they be known, or be residents of the city, or not absent therefrom, that they may propose for the work; and the council shall cause the notice to be served by the Marshal, and filed away with the contract that may be made for the work; but want of notice shall not vitiate the contract. SEC. 8. That neither the Mayor, or any member of the Who not to council, shall, directly or indirectly, be interested in any conbe contractors. tract with the city; and, for any violation of this provision, he shall be expelled or removed from office. SEC. 9. That the Mayor shall, under the direction and conMayor to trol, and subject to the ratification of the council, make and make contracts execute all contracts in the name and on behalf of the city: when of sufficient magnitude, sealed proposals shall be first obtained and laid before the council, and when satisfied that better proposals cannot be obtained by personal solicitation, or otherwise, it may direct with whom the contract shall be made, or decline making such contract for the time. SEC. 10. That the council shall have the same power of Tax shows. taxing and regulating theatrical performances as other shows and exhibitions in said city. divided wards. into SEC. 11. That in the year one thousand eight hundred and forty, and every five years thereafter, the council shall divide City to be the city into eight wards, as nearly equal in population and voters as may be; and, for that purpose, previous to any such division, it shall cause a census of the population and voters in each ward to be taken; thereafter, the concurrence of ten members of the council shall be necessary to expel a member of the council, or to remove the Mayor. SEC. 12. That the council shall have power to grant, under Freedom of the corporate seal, the freedom of the city to persons for disthe city to be tinguished services, or benfactions to the city; and it shall be its duty to grant the freedom of the city to aged, infirm or disabled firemen. granted. Qualified vo ters. SEC. 13. That no one shall vote elsewhere than in the ward in which he may reside at the time of any city election; nor shall any one (except those to whom the freedom of the city may be granted,) have a vote in any such election, who is not a free white male citizen of Kentucky, above the age of twen ty one years, and who has not resided in said city one year next previous to the election, and paid the city taxes of that year twenty days previous to the election. Every free white |