according to the orders of the Board of Trustees. Each of said officers to continue in office for one year. SEC. 6. It shall be the duty of the Treasurer and Clerk to keep a record of the proceedings which properly belong to their respective offices, and each to be allowed a reasonable compensation by the Board of Trustees. And it shall be the duty of the Treasurer to render an account to the said Trustees of all money received and paid out by him, whenever required by them so to do. SEC. 7. That it shall be the duty of the Trustees to appoint one of their own body to preside at all their meetings, to be styled "President of the Board of Trustees;" and that no money shall be drawn from the Treasury except by order of the President, in pursuance of allowances made by said Board. A majority of the Board shall always constitute a quorum for the transaction of business, and, in the absence of the President, may elect a President for the time being. 1850. Duty of Clerk and Treasurer. President to be appointed. Police Judge, town Marshal & Market Master; how to be elected, & term of office. Polls to be returned to County Court. SEC. 8. A Police Judge, Town Marshal, and Market Master, shall be elected on the first Monday in April next, by the qualified voters of said town-each to hold their offices for the term of one year, and until their successors are appointed and qualified. And the said officers shall, in like manner, be elected by the qualified voters of said town, annually, at the same time of electing Trustees. The polls of the election of Trustees, Police Judge, Town Marshal, and Market Master, shall be returned to the County Court of Hardin county, at the first term after said election, and the said County Court shall certify the result of the election, so far as the election of Police Judge is concerned, to the Governor of the State, whose duty it shall be to issue a commission for the person elected to the office of lice Judge. Police Judge, and who shall be a judicial officer, to be styled "the Police Judge of the town of Elizabethtown." SEC. 9. The Police Judge shall, before he enters on the duties of his office, take an oath before some Justice of the Peace, or judicial officer, of Hardin county, to discharge the duties of his said office faithfully and impartially, to the best of his ability, without favor or affection, together with such other oaths as other public officers may be required by law and the constitution to take. The said Police Judge shall have jurisdiction within the limits of said town, and for one mile in every direction from the town boundary, in all cases, 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, with powers, in that particular, to the extent of the county; 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 Governor to commission Po To take oath. 1850. His fees. shal; liable to be motioned as Sheriff or Constable. power to enter judgment and award execution accordingly. SEC. 10. That upon all judgments rendered by the said cases. SEC. 11. That it shall be the duty of the Town Marshal Duty of Mar to attend the sittings of the Court to be held by the Police Judge; to serve all process and precepts, and collect all executions to him directed from the Police Judge, and make due return thereof; in doing which, he may go to any part of the county. He shall 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 1850. Fees. Police Judge may direct process to Consta to whoever 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 and 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 Constables for similar services: Provided, however, that said Police Judge shall have power and authority to direct his process to be executed by any Constable of the county: And, provided further, ble. that said Marshal shall be invested with all power and authority which is given to Constables in all cases cognizable before said Police Judge. And before the said Town Marshal shall proceed to the execution of the duties of his office, he shall take and oath before the Board of Trustees, to be administered by the President or Clerk of the Board, give bond. that he will faithfully and impartially execute the duties of his office, without fear, favor or affection; and shall, also, give bond, with good security, to be approved of by the Board, in such penalty as the Board may fix, conditioned for the faithful discharge of the duties of his office, and, upon which, he may be liable to motion before the Police Judge, or to motion or suit in any Court of said county having jurisdiction, in similar cases, on bonds of Constables, for failure to discharge any duty or to pay over any taxes or money which ought to have been collected by him. SEC. 12. 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 the Board of Trustees for the use and benefit of said town, any law to the contrary notwithstanding. SEC. 13. That all contracts entered into by, or with, the former Trustees of Elizabethtown, shall be obligatory on the Trustees to be elected under this act. SEC. 14. That the first election to be held under this act shall be held by the Sheriff of Hardin county, or one of his deputies. In case of their absence, then by the Clerk of the Hardin County Court, or one of his deputies. But that all subsequent elections, shall be held by the Clerk of the Board of Trustees. In case of his absence or death, then by the Sheriff of the county or Clerk of the County Court as above named. SEC. 15. Be it further enacted, That all acts or parts of acts coming in conflict with the provisions of this act, shall be and the same are hereby repealed. Approved February 2, 1850. to Marshal take oath and Liable to mo tion on suit. Fines for violation of town ordinances to be Povera to ter town Treasurer. Elections, by whom to be held. clause. Repealing 1850. Names of chil dren changed, and they are legitimatized. CHAPTER 94. AN ACT for the benefit of John J. Chittenden, of Boone county. Approved February 2, 1850. CHAPTER 95. AN ACT to amend the act, entitled, an act in relation to the Frankfort and SEC. 1. Be it enacted by the General Assembly of the Com- SEC. 2. Be it further enacted, That said Frankfort Fire Company shall hereafter be called and known by the name of the "Water Witch Company, Number One." Approved February 2, 1850. CHAPTER 96. AN ACT for the benefit of the Sheriffs of Calloway and Fayette counties. Approved February 7, 1850. CHAPTER 97. AN ACT to incorporate the German Benevolent Society of Newport. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Daniel Wolff, Adam Skeiner, Jacob Gugel, John B. Weythinan, Charles Henn, L. Doy, and D. Otton, and their associates, of the city of Newport, in Campbell county, Kentucky, and their regular successors, are hereby created a body politic and corporate, by the name and style of the German Benevolent Society of Newport, Kentucky; and by that name are hereby vested with full power and authority to acquire, hold, use, and enjoy, real and personal estate to the amount of thirty thousand dollars, and to sell and convey, or otherwise dispose of the same, under such by-laws, rules, and regulations, as may be by them adopted: Provided, that such by-laws, rules, and regulations, be not contrary to the Constitution of this State, or of the United States; and said corporation, by the name aforesaid, shall be competent to contract and be contracted with, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts and places whatsoever; and to have and use a common seal, and the same to alter at their pleasure. That the powers hereby granted shall not be used in banking, insuring property, or doing any thing not expressly granted by the provisions of this act. SEC. 2. That the right of any future Legislature to alter, amend, or repeal this act is hereby reserved. SEC. 3. That this act shall become inoperative and void if the members shall, at any time, neglect, for the space of five years, to use the same for the purposes herein contemplated. 1850. Approved February 8, 1850. CHAPTER 98. AN ACT for the benefit of Mary Ann Jenkins. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Mary Ann Jenkins, one of the heirs of William Headley, deceased, late of Fayette county, is relieved from the disabilities of minority, so far as to enable her, in conjunction with her husband, to sell and convey all her rights, title, and interest, in the estate of said William Headley; which, when done, shall be as valid and binding as if she was of full age. Approved February 8, 1850. |