1890 General Assembly Act Regarding Mt. Washington

In 1890 the General Assembly brought together a set of previous acts regarding Mt. Washington and passed them as one act. It is transcribed below.

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Acts of the General Assembly of the Commonwealth of Kentucky for the regular session beginning 13 Dec 1889, Volume II, pages 794-814.

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AN ACT to amend, revise and reduce into one the several acts in relation to the town of Mount Washington, in Bullitt county.

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

§ 1. The boundary of the town of Mount Washington, in Bullitt county, is hereby declared to be as follows: Beginning at T. C. Long's house on the Mans Lick road, one-fourth of a mile west of the old town limits, including said house; thence north on a straight line to a stake, corner in W. P. Barne's land; thence at right-angles east on a straight line to a stake on R. Griggsby's land, one-fourth of a mile east of the old town limits; thence south at right-angles on a straight line to a stake on J. W. Showalter's land; thence west at right-angles on a straight line to a stake on W. S. McFarland's land, one fourth of a mile west of the old town limits; thence north at right-angles on a straight line to the point of beginning.

§ 2. It shall be the duty of the trustees of said town, as soon as may be after the first election under this act, to cause a survey and plot of said town to be made and prepared according to the boundary specified in the first section, and to cause permanent monuments to be erected at the place of beginning and at the various corners, which plot shall show the various subdivisions of said town into lots, streets and alleys. The names of the streets and alleys, and the numbers of the lots as heretofore established, shall, as far as practicable, be preserved; and such land as may be included in said boundary, not heretofore embraced in the corporate limits of said town, shall be designated on said plot by the names of the owners. The trustees shall cause said plot to be recorded in the county court clerk's office of Bullitt county, and a certified copy thereof, under the hand of the clerk, shall be admitted in evidence in all courts.

§ 3. The municipal government of said town shall consist of five trustees, one of whom shall be selected by the board to preside over their meetings, and shall be styled Chairman of the Board of Trustees of Mount Washington.

§ 4. Said trustees and their successors in office shall be a body-politic and corporate, under the name and style of the trustees of Mount Washington; and by that name they may, for and on behalf of said town, contract and be contracted with, sue and be sued, plead and be impleaded, defend and be defended, and in all courts and places do all things which a body-corporate with perpetual succession may lawfully and rightfully do within the limits of the power here granted.

§ 5. The other officers of said town shall be a police judge, marshal, attorney, clerk, treasurer, assessor and collector, and such other officers as the trustees may, from to time, direct and appoint.

§ 6. An election shall be held in said town on the first Saturday in June, in the year one thousand eight hundred and ninety, and on the first Monday in April, one thousand eight hundred and ninety-two, and on the first Monday in April every two years thereafter, at the regular place of holding county and State elections in said town, of which previous public notice shall be given by written or printed notices posted in at least four public places in said town by the town clerk; but the first election under this act shall be ordered and held as provided in the next succeeding section of this act.

§ 7. The first election of officers under this act, the judge of the Bullitt County Court shall appoint two judges, a clerk and sheriff, to hold the same, who shall be legal voters of said town. Notice of said election shall be given by the sheriff of Bullitt county, by written or printed notices posted up at four or more public places in said town for ten days before the said election, which shall be held from eight o'clock in the forenoon until six o'clock afternoon.

§ 8. The poll-books of the first election held under this act shall be returned by the sheriff of the election within three days to the clerk of the Bullitt County Court, who shall safely keep the same in his office. He shall examine and compare said polls and issue certificates of election to the persons receiving the greatest number of votes; the poll-books of all subsequent elections shall be returned by the sheriff of election to the clerk of the town of Mount Washington, who shall perform, in regard to the same, the duties that devolve upon the county examining board in county elections; but the certificates of election issued by the town clerk, before being delivered, shall be approved by and spread upon the records of the board of trustees.

§ 9. At the biennial election there shall be elected by the qualified voters of said town five trustees, a police judge and a marshal for the town, and the persons receiving the highest number of votes for any of said offices shall be declared elected.

§ 10. The officers elected by the people under this act shall hold their respective offices two years, the first term from the date of their qualification; and after the first term under this act they shall hold their offices for two years from the first day of May after their election and qualification. All other officers shall hold their offices at the pleasure of the trustees.

§ 11. No person shall be eligible to any office in said town who is not a citizen thereof and a qualified voter under the laws of the State; and no one shall be eligible to the office of police judge, trustee, marshal or attorney who has not, at the of his election, resided in said town at least six months preceding such election.

§ 12. Every person elected or appointed to office under the provisions of this act, before entering upon the duties thereof, shall take and subscribe before some authorized officer the oath of office prescribed by the Constitution of this Commonwealth, and file the same, duly certified by the officer before whom it was taken, with the clerk of the town.

§ 13. Whenever a vacancy shall happen in any office filled by election, it shall be filled by appointment of the trustees until the next biennial election, or until his successor is elected and qualified.

§ 14. When two or more candidates for any elective office shall have an equal number of votes, the person elected shall be determined by lot, in such manner as the trustees may direct, in the presence of the trustees and at least three other persons.

§ 15 The trustees, before every biennial town election, except the first, shall appoint two judges, a sheriff and a clerk, to hold the same. The compensation of all officers shall be fixed by the trustees; but their liabilities shall be the same as that of officers of State elections under the general laws of this Commonwealth.

§ 16. The election herein provided for shall be held between the hours of eight o'clock in the forenoon and five o'clock in the afternoon; and all laws in force in this Commonwealth punishing illegal voting at the State elections shall apply to illegal voting at the town elections under this act; and all laws prescribing penalties in general elections for bribery shall apply to elections held under this act, and the same is incorporated as part of this act, subject to the provisions of this act as to the qualification of voters.

§ 17. All qualified voters under the laws of this Commonwealth who shall, at the time of offering to vote, have resided in said town sixty days previous thereto, shall be qualified voters at any election for said town.

§ 18. The board of trustees shall judge of the qualifications, elections and returns of its members; and cases of contested elections, for any town officers elective by the people, shall be heard and determined by the trustees, under such rules and regulations as they, by ordinance, may prescribe.

§ 19. The out-going town clerk shall certify to the Secretary of State the name of the person elected to the office of police judge, and the Governor of this Commonwealth shall issue a commission to such officer.

§ 20. The poll-books of all elections held in said town, except the first, shall be returned by the sheriff of the election to the clerk of the town, who shall preserve them as part of the records of his office, examine and compare the same, and issue certificates of election to the officers elected, which certificates, before being delivered, shall be approved by, and spread upon the records of the board of trustees.

§ 21. The clerk shall keep the corporate seal, if there be one, and keep a complete record of the proceedings of the board of trustees, whose meetings it shall be his duty to attend; and transcripts from the records of the proceedings certified by him shall be evidence in all courts of this Commonwealth. He shall draw all warrants on the treasury directed by the board of trustees, and shall countersign the same, and keep an accurate account thereof in a book to be provided for the purpose. He shall issue licenses, when directed by the trustees to do so, and perform all other duties which the trustees may lawfully direct.

§ 22. The treasurer shall receive all money belonging to the town, and keep an accurate account of receipts and expenditures. He shall pay out money only on the order of the board of trustees, and countersigned by the clerk, and the orders shall specify the purpose for which the amount named therein is paid. The treasurer shall exhibit to the board of trustees, at least fifteen days before the first Monday in April each year, and oftener if required, a detailed account of receipts and expenditures after the date of the last annual report, and shall state the condition of the treasury. Such accounts shall be preserved by the clerk, who shall spread the same upon the records of the board of trustees.

§ 23. The marshal shall attend all sessions of the police court, and give the town attorney notice of any proceedings in said court which it is his duty to attend. He shall execute and make due return of all process directed to him by the Mount Washington Police Court, or by any other court of this Commonwealth. He shall possess all the powers and authority of a constable, and his powers for performing the duties of his office shall be co-extensive with the limits of Bullitt county. He shall be entitled to the same fees allowed by law lo sheriffs and constables for similar services, to be due and collected in the same manner. He may or may not be appointed as collector for said town.

§ 24. The collector must collect all taxes and assessments which may be levied by the board of trustees, and for that purpose he shall have all the powers of a sheriff to make sales of personal and real estate; he shall pay over to the treasurer all taxes and other money which may come into his hands as the board of trustees may direct When the tax list is placed in his hands, he shall proceed at once to collect the same; and to enforce payment may levy on and sell personal property after advertising the same by written or printed notices posted up in at least three public places in the town for ten days. Within three months from the time he receives said list, he shall make out and return to the board of trustees a report showing the amount collected, the names of those who have paid and those who are delinquent; he shall not be entitled to credit in his settlement with the board of trustees by the list of any person who owns personal property in said town out of which the taxes can be made. Upon the return of the collector's report. as above provided, the board of trustees shall, by order duly entered of record, direct a warrant to be made out, signed by the chairman and countersigned by the clerk, commanding the collector to levy upon and sell so much of the real property of the delinquents situated in the town as may be necessary to pay the taxes due and the costs of sale; on receipt of said warrant, the collector shall proceed to make levies as thereby commanded, and shall sell the property levied on for cash at public auction to the highest bidder, after advertising the time and place of sale for at least fifteen days by written or printed notices posted up at not less than four places in said town. On receiving the price bid, he shall give to the purchaser of the property a certificate of such purchase, describing the property in such a way that it may be identified; such certificate, on presentation to the board of trustees, shall entitle the purchaser to a deed from said trustees to any real estate so purchased, unless the same be redeemed as hereinafter provided. The collector shall, within such time as they may direct, make to the board of trustees a full and complete return of the manner in which he has executed said warrant, which return shall be spread upon the records of the board. The collector shall have the right to collect the taxes due the town by attachment, in the same manner and with the same powers as the sheriff has for collecting the county and State revenue; for his services the collector shall be entitled to the same compensation that is now allowed sheriffs for the collection of the county revenue; and said marshal or collector and his sureties shall be governed and be under the same responsibilities and penalties as sheriffs and other officers are now, as provided by law, for making illegal levies or sales of personal or real estate.

§ 25. The attorney for the town shall prosecute offenders against the by-laws and ordinances of said town, and give written opinions upon subjects submitted to him by the board of trustees or its committees: Provided, That the county attorney of Bullitt County shall be ex officio attorney for said town until a town attorney shall be selected, and he shall receive the same commissions on all fines for misdemeanors, when he is present and prosecutes same, as is allowed by the general laws of the State.

§ 26. The assessor shall perform all the duties which the trustees may, by ordinance or by law, prescribe in relation to the assessment of property for the purpose of imposing or levying taxes.

§ 27. The trustees may, by ordinance or by law, at any time require the performance of other duties, and fix the compensation of all officers whose duties are hereinafter prescribed; and they may prescribe the duties and fix the compensation of all officers elected or appointed under this act, whose duties and compensation are not specifically mentioned.

§ 28. The police judge, treasurer, marshal, collector, and such other officers as the board of trustees may require, shall severally, before they enter upon the duties of their respective offices, execute a bond to the trustees of Mount Washington, conditioned that they will faithfully execute the duties of their offices respectively, and pay over to such persons, and at such times as they may be entitled to receive the same, all money that may come into their hands as such officers. The bonds so executed shall be spread upon the records of the board of trustees, and the originals carefully preserved by the clerk.

§ 29. The trustees of Mount Washington, or any person injured by a breach of any said bonds, may, in any court having jurisdiction, prosecute suit or motion thereon against the officer by whose breach of duty such injury is occasioned and his sureties, or any of them, or the personal representatives, heirs or devisees of any or all of them, as provided by law concerning sheriffs, constables and other like officers. No such bond shall be void until the trustees of Mount Washington, and every person aggrieved by the acts, omissions or any neglect of such officers, have been recompensed.

§ 30. Any person having been an officer in said town who shall not, within ten days after notification and request, deliver to his successor in office all the property, papers and effects of every description in his possession belonging to said town, or appertaining to said office he held, shall forfeit and pay for the use of the town one hundred dollars, besides all costs and damages caused by his neglect or refusal to do so, to be recovered by suit or motion upon his official bond.

§ 31. There is hereby established in said town a court, to be styled the Mount Washington Police Court. Said court shall be held by one judge, who shall be styled the "Judge of the Mount Washington Police Court," who shall be elected and qualified as hereinbefore provided.

§ 32. The Mount Washington Police Court shall have exclusive jurisdiction of all prosecutions for all violations of the by-laws and ordinances of said town, and concurrent jurisdiction with the other courts of Bullitt county of misdemeanors committed in said town, where the penalty imposed by law does not exceed one hundred dollars and imprisonment for fifty days. Said court shall have power to issue all warrants and all other process in the name of the Commonwealth to compel the attendance of witnesses; to take bonds and recognizances from persons charged with offenses cognizable before it to appear and answer the same, and the same power to declare the same forfeited, and to pronounce judgment thereon, and to enforce full compliance therewith, that the circuit courts have. It shall have power to enter judgment and award, and to issue writs for the purpose of enforcing its orders and judgments, to the same extent and in the same manner as other courts of this Commonwealth of like jurisdiction. The police judge shall be a conservator of the peace; he shall have power to take recognizances to keep the peace, and do all other acts and things necessary and proper to carry into full and complete effect the powers and jurisdiction conferred on said judge and said court.

§ 33. The police court shall be held at such place as the trustees shall designate, or they failing to designate and provide a suitable place, at such place in said town as said judge may select.

§ 34. Said court shall have no power to empannel a grand jury, nor shall any indictment be necessary to the exercise of the jurisdiction hereby conferred on said court. It may punish contempt by a fine of not more than five dollars and imprisonment not exceeding twenty-four hours. No person shall be tried in said court for any offense punishable by a fine of more than twenty dollars without the intervention of a jury, unless he shall waive the privilege of such trial by jury.

§ 35. Said court shall be a court of record, and the judge thereof shall act as clerk; and copies of the records thereof, over the signature of the judge, shall be evidence in any court in this Commonwealth.

§ 36. The jurisdiction and duties of the police judge in holding examining trials shall be such as are now prescribed by the general laws of this Commonwealth for other like officers, and he shall have power to hold examining trials in cases of felony; and in all things pertaining thereto, his jurisdiction shall be equivalent to that of two justices of the peace in such cases.

§ 37. All process from said police court shall be in the name of the Commonwealth of Kentucky, and may be directed to any officer authorized by law to execute such process.

§ 38. All fines and forfeitures recovered in said court for breaches of the by-laws or town ordinances are hereby granted to the town of Mount Washington, and shall be paid by the officer collecting the same to the treasurer of the town. Before the issuing of any execution or final process on a judgment of said court for a fine or forfeiture, the defendant may pay the same to the judge of the court. The defendant may also, before or after the issuing of any execution or capias pro fine, replevy for three months any judgment, fine or forfeiture of the police court, in the same manner as is allowed by law in similar cases within the jurisdiction of other courts of this Commonwealth. All fines imposed in said court for any violation of any of the general laws of the State shall be accounted for to the Commonwealth as in courts of justices of the peace.

§ 39. A return of not found on a capias pro fine, and of no property found on a writ of fieri facias, issued on any judgment of the police court, shall authorize an equitable proceeding in favor of the trustees of Mount Washington against the defendant for the enforcement of satisfaction of such judgment in the same manner as the return of no property found authorizes such proceedings in civil cases.

§ 40. Upon all judgments for fines rendered by said court, and which shall not be paid or replevied at the time of rendering the same, an execution against the estate of the defendant may be issued, or a capias pro fine may be issued, requiring the imprisonment of the defendant in the county or town jail or workhouse until the same shall be paid; but the imprisonment shall not exceed one day for each dollar of such fine, or the court or jury trying the case may, in its discretion, assign such defendant so fined to hard labor on the streets or county roads for the benefit of the town until he shall pay the fine adjudged against him at the rate of one dollar per day; and he shall not be required to labor more than eight hours per day. While at labor, such defendant shall be under the control cf the town marshal or surveyor of roads, each of whom shall be responsible for any negligence in allowing his escape. When not at labor, such defendant shall be imprisoned as provided in this section or as the court may direct by its order; and for the purpose of putting him in jail or the workhouse, or taking him out to labor on the streets or roads, a certified copy of the judgment assigning him out to labor shall be sufficient authority to the marshal, jailer, surveyor of roads or keeper of the work house. All persons sentenced to imprisonment by the judgment of said court may be assigned to labor in like manner as those fined. When persons imprisoned, as contemplated by this section, or confined in the county jail, the jailer's fees shall be paid by the town.

§ 41. The Mount Washington Police Court shall have jurisdiction of civil cases for the recovery of money or personal property when the amount in controversy, exclusive of interest and costs, does not exceed one hundred dollars. The proceedings as to pleadings and filing statements and exhibits in said court shall be regulated by the provisions of the Civil Code of Practice and laws governing the proceedings in justices' courts. The judge of said court shall have power to grant orders of attachment, injunctions and restraining orders, orders of delivery, writs of habeas corpus, distress warrants and writs of forcible entry and detainer, under the same circumstances, rules and regulations as justices of the peace or courts of like jurisdiction and powers. Monthly terms of said court for the trial of civil causes shall be held at such time as the judge thereof may direct, by an order entered upon the order-book of said court. The time for holding such terms shall be on the fourth Saturdays in each month until the same are changed in the manner provided in this section. The trustees of Mount Washington shall provide the judge of said court with an order-book, execution-book and docket-book ; and it shall be his duty to keep a record of all proceedings in his court, in the same manner and to the same extent as is required of judges of the quarterly courts by the laws of this Commonwealth. He shall preserve all papers and records pertaining to his office, and deliver them to his successor in good order. His jurisdiction shall be at law and equity of one hundred dollars.

§ 42. Appeals shall lie from decisions and judgments of the Mount Washington Police Court to the Bullitt Circuit Court in criminal and penal cases when the fine exceeds ten dollars or the imprisonment exceeds five days; but no judgment shall be suspended by such appeal unless the defendant, in five days after the rendition thereof, shall file a copy of said judgment with the clerk of the circuit court, and execute bond, as required by section three hundred and sixty-four of the Criminal Code of Practice.

§ 43. Appeals shall lie from the judgments of said police court to the Bullitt Circuit Court in civil cases when the amount in controversy, exclusive of interest and costs, exceeds ten dollars; and in writs of forcible entry and forcible detainer, and other special proceedings, the appeal and proceedings thereon shall be the same as in similar proceedings in courts of justices of the peace.

§ 44. The manner of taking appeals, and all proceedings thereon, except as otherwise herein indicated, shall conform to the provisions of the Civil and Criminal Codes of Practice of this Commonwealth.

§ 45. The fees of the police judge shall be the same in all cases as are now or may be hereafter given by law to other officers performing like services; and the police judge shall be subject to the same responsibility and regulations, as to taxing and collecting costs and fees, as apply to justices of the peace.

§ 46. The trustees of Mount Washington shall have power, subject to the exceptions hereinafter mentioned, to annually levy and collect taxes, not more than twenty-five cents on each one hundred dollars' worth of property in said town, including every thing that is now or may be hereafter subject by the State for revenue purposes; but personal property not situated within the town, and choses in action owned by citizens of the town, are not to be taxed. They may also levy a head or poll tax not exceeding one dollar and fifty cents upon every male inhabitant of said town over twenty-one years of age, and a tax of not more than one dollar upon every dog that any person may keep or suffer to be kept on his or her premises in said town. They may also levy a road tax not exceeding ten cents on each one hundred dollars' worth of property taxable in said town for State revenue, and a poll-tax upon each male over twenty-one and not over fifty years of age: Provided, That the town trustees, the chairman of trustees of common schools, licensed ministers of the gospel, and persons unable to perform manual labor, shall be exempt from the poll tax for working roads.

§ 47. There shall be.exempt from taxation in said town all property exempted from taxation by the general laws of this Commonwealth.

§ 48. All taxes imposed by said trustees under this act shall be a lien upon the property, real and personal, against which the same has been assessed, until the taxes are paid, and no sale or transfer of such property shall affect the lien thereon.

§ 49. The right of redemption in all cases of sales of real estate for taxes shall exist to the owner or his heirs and devisees, or personal representative, for two years from the date of the sale, on payment of the amount for which the same was sold, with ten per cent. thereon, and lawful interest added, and all the taxes accruing subsequent to the sale. If the owner at the time of the sale be an infant, married woman, or of unsound mind, the right to redeem shall exist for two years after the removal of the disability. If not redeemed within the time herein provided, the board of trustees shall, on presentation of the certificate of sale, convey such real estate to the purchaser.

§ 50. The trustees shall make such rules and regulations concerning the assessment of property in said town as they may see proper; and also for the revising and correcting of the lists returned by the assessor.

§ 51. All fines, forfeitures and assessments herein contemplated and provided for, except for tines imposed for a violation of the general laws of the State, shall be appropriated exclusively for the use and benefit of said town.

§ 52. The board of trustees shall hold stated meetings, and the chairman, or in his absence the town clerk, may call meetings by notice to each of the members. A majority of the members elected shall constitute a quorum. In the absence of the chairman any member of the board may be selected to discharge his duties for the time.

§ 53. The board of trustees shall have power to make, ordain and publish all such ordinances, bylaws, police and sanitary regulations not contrary to the Constitution and laws of this State or the United States, for the good government o*f said town, and to promote the health, security and commerce thereof, that they may deem necessary or expedient. They may enforce the observance of all by-laws, ordinances and regulations made in pursuance of this act by penalties not to exceed one hundred dollars fine and fifty days imprisonment.

§ 54. The board of trustees shall have the management and control of the finances and all the property, real, personal and mixed, belonging to the town; and shall have power to provide for the erection, repair, maintenance and government of all public buildings for the town. They shall have power within the local jurisdiction of said town by ordinance or by by-law--
First. To restrain and prohibit all descriptions of gambling, fraudulent devices, playing at cards, or other games of chance, whereat money or property of value is bet, won or lost.
Second. To prohibit, license, tax or regulate billiard tables, pool-tables, pigeon-hole and similar tables, and nine or ten-pin alleys or other alleys.
Third. To prohibit, license, tax or regulate all concerts, exhibitions, shows, circuses, theatrical performances, and all other exhibitions and amusements.
Fourth. To prohibit, restrain or suppress disorderly houses, halls and houses of ill-fame, bawdy-houses and houses of prostitution.
Fifth. To restrain, suppress and punish indecent, obscene or profane language or conduct, and to restrain and punish vagrants and prostitutes.
Sixth. To restrain, regulate or prohibit the running at large of horses, swine and all other animals, and to impose penalties on the owner or keeper of any such animal for a violation of any ordinance or bylaw in relation thereto.
Seventh. To prohibit the running at large of dogs, and to authorize the killing of same when found at large contrary to by-law or ordinance, and to impose penalties on the owners or keepers thereof for permitting them to run at large.
Eighth. To appoint watchmen or policemen, and prescribe their duties, powers and pay.
Ninth. To establish and maintain a jail or watch-house, a hospital or pest house, an engine-house, work house and market-house, and make rules and regulations for the government thereof, and to appoint officers for the conduct and management of the same.
Tenth. To authorize the clerk to grant and issue license, and to direct the time and manner of issuing and registering thereof, and the fees to be paid him therefor; but no license shall be granted for a term longer than one year, and the clerk's fee for issuing same shall not exceed fifty cents.
Eleventh. To license, tax and regulate auction sales and auctioneers, teamsters, peddlers, studs, bulls and jacks; to declare what are nuisances, and to provide for the abatement thereof, and to impose penalties for the creation or maintenance of the same.
Twelfth. To prohibit, license, tax and regulate within said town, and within one mile thereof, innkeepers, hotel or tavern-keepers, coffee-house keepers, grocers, merchants, druggists and keepers of other places where spirituous, vinous or malt liquors are sold, and to restrain and punish the sale of such liquors, or any of them, without license.
Thirteenth. To acquire, by donation or purchase, and receive and hold conveyances for ground, either within or without the limits of said town, for a cemetery, not exceeding ten acres; and may lay off and sell burial rights or lots, and appropriate the proceeds to improving the grounds; and may impose fines for injuries thereto, and shall have control of and keep in repair the cemetery belonging to the town.
Fourteenth. To make and receive all conveyances relating to the property of said town; to take, receive and hold any estate, real, personal or mixed, for the use, benefit or ornament of said town, by purchase, devise or bequest.

§ 55. The board of trustees shall have exclusive power to grant all licenses for which provision is made by this act; but this act shall not be construed as excusing the persons to whom such license is granted from paying to the State any tax, and procuring from the county court or clerk any license required by law, nor to authorize the granting of any license contrary to law.

§ 56. The amount to be paid for license to sell spirituous, vinous or malt liquors in any inn. hotel or tavern in said town, by the drink, for a period of one year, shall be fifty dollars. The amount to be paid by any saloon or coffee-house-keeper for such license shall not be less than fifty nor more than one hundred dollars. The amount to be paid by any druggist for the privilege of retailing such liquors, or any of them, by prescription, for one year, shall be fixed by the board of trustees. The amount to be paid by any merchant who shall obtain a license from the trustees to sell spirituous liquors in quantities not less than a quart, for one year, shall be twenty-five dollars. Before any person shall have the right to sell spirituous, vinous or malt liquors within said town, or within one mile thereof, he shall present to the treasurer of said town -a certified copy of the order of the board of trustees granting him license, lodge the same with the treasurer, and pay him the amount charged therefor as fixed by ordinance or by law. Any person who shall sell such liquors, or any of them, within said limits, without having complied with the provisions of this section, shall be deemed guilty of retailing liquor without license, or of keeping a tippling-house, as the facts may be, under the laws in force in Bullitt county, and shall be fined as provided therein for the punishment of such offenses. No license shall be granted by said trustees for the sale of any liquors until the applicant has first paid the State tax required by law,, and exhibits to the trustees his receipt for the payment of the same.

§ 57. The board of trustees shall have authority and control over the streets and sidewalks and alleys, public squares and public grounds now in said town, or which may be laid open or laid off hereafter, with full power to grade, pave, construct, repair, protect and ornament the same as they may deem most convenient and beneficial to said town. They shall have power to cause any street, sidewalk or alley or square to be improved, or any street or alley paved or turnpiked.

§ 58. The owners in front or upon whose premises the board of trustees shall order any curbing or sidewalk to be constructed, repaired or relaid shall construct, repair or relay such curbing or sidewalks at their own cost, in the manner, with the material, and in the time prescribed by the trustees; and upon the refusal of the owner or owners to do so after thirty days' written notice, the trustees may order the same to be done, and shall have a lien for the costs thereof upon the real estate of the owner so failing, which may be enforced by suit in any court of competent jurisdiction, or the same may be collected by warrant and rule, as in the case of taxes.

§ 59. It shall be the duty of the trustees at all times to keep the streets, alleys, public squares and places in good order and condition. It shall also be their duty to keep the public roads leading to said town in good order for a half-mile distance outside the corporate limits of said town. For every failure to discharge the duties prescribed by this section, as well as for every other willful failure to efficiently exercise the powers herein conferred upon them to promote the good order, health, safety and prosperity of; -said town and its inhabitants, they shall, for each offense, forfeit and pay a fine of not less than ten nor more than fifty dollars, to be paid by them, share and share alike, recoverable by a joint indictment of the grand jury in the Bullitt Circuit Court.

§ 60. At all elections of trustees for said town all unmarried females over twenty-one years of age, living within the corporate limits of Mount Washington, who are the owners in fee of real estate in said town limits, shall be entitled to vote for trustees at said election.

§ 61. Before any by-law, ordinance or regulation enacted by the trustees of Mount Washington shall be in force, the same shall be recorded in the journal of the records of the board of trustees, and written or printed copies thereof shall, for at least five days, be posted up in four public places in said town by the town clerk.

§ 62. All persons liable to poll-tax under this act, who shall fail to pay the same for three months after notice and demand by the collector, may be required to work on the streets of the town under the direction of the marshal, or other such officer as the trustees may direct, at the rate of one dollar per day, until such tax is discharged: Provided, That if the taxes unpaid shall be the road tax, then the labor shall be upon the public roads, under the road surveyor or town marshal, as the trustees may direct. The person so working shall be entitled to a receipt for one dollar per day for each day's work. Any person who shall, without lawful excuse, fail or refuse to work as provided in this section after two days' notice, either written or verbal, by the marshal or road surveyor, shall, by proper procedure in the police court of Mount Washington, upon warrant in the name of the Commonwealth, be fined the sum of two dollars for each offense.

§ 63. The general laws of the State in relation to the punishment prescribed for offenses against the same shall be in force in said town, except in such cases as the trustees thereof, by ordinance, may prescribe a different punishment.

§ 64. The trustees of said town shall receive no compensation for their official services.

§ 65. In all cases where fines are imposed under this act the defendant shall be adjudged to pay the costs.

§ 66. This act shall not invalidate any act done by the board of trustees or any of the officers of said town, nor divest their successors of rights of property or otherwise, or liability which may have accrued to or been created by said corporation prior to the passage of this act.

§ 67. All property within the limits of said town shall be subject to the road tax hereby authorized; and all persons within said town liable to the poll-tax for municipal and road purposes, shall be assessed under this act; but nothing in this act shall authorize the trustees of said town to assess or collect any tax for municipal purposes on any lands used for agricultural, horticultural or pasture lands, until said lands shall have been laid off into town lots by the owners of said lands.

§ 68. The trustees of said town may provide, by by-law or ordinance, for the road tax to be discharged in labor, and provide the time same shall be performed, and character of labor and rates of compensation; and may appoint a surveyor of roads and prescribe his duties.

§ 69. This act shall take effect and be in force from its passage.

Approved April 17,1890.

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