es $7 og UNIVERSITY OF ILLINOIS LIBRARY Class Book - Volume 352.0763 L930r =: 1889 Je 05-10M iets ae a Digitized by the Internet Archive in 2022 with funding from University of Illinois Uroana-Champaign Alternates — htips://archive.org/details/louisvillecitycoOOloui — PUBLISHED BY AUTHORITY OF THE GENERAL COUNCIL. THE LOUISVILLE meray CoC) |) BK: LAWS OF THE CORPORATION IN FORCE OCTOBER Tf, 1884; INCLUDING THE. ACTS OF THE GENERAL ASSEMBLY OF KENTUCKY, OF SPECIAL LOGAL APPLICATION, AND THE GENERAL ORDINANCKS OF THE CITY COUNCIL. v PREPARED BY GILBERT BURNETT. LOUISVILLE: PRINTED Be ty 170. 1884. CoURIER-JOURNAL JOB PRINTING ComPANY, Book AND JOB PRINTERS, BINDERS, ELECTROTYPERS, AND ENGRAVERS, CouURIER-JOURNAL BUILDING, LOUISVILLE, Ky. \ Or A-veu SST.OFYES| WaAAoc \B8A ADVERTISEMENT. The following compilation and digest of the acts and ordinances of The City of Louisville has been prepared in pursuance of a joint resolution of the General Council, approved December, 8, 1883. This resolution reads : ‘* Resolved by the General Council of The City of Louisville: That His Honor the Mayor be and he is hereby authorized and directed to employ some competent person to prepare a digest and compilation of the charter, laws and ordinances of The City of Louisville; said compilation and digest to be made under the supervision of the City Attorney. COEASY DO LACOB: Approved Dec. 8, 1883. | Mayor.’ Having been employed by the Mayor, under this resolution, the editor at once entered upon the labor of reducing to the proportions of a convenient reference-book all the acts of the General Assembly relating particularly to The City together with all City ordinances of a general nature. The difficulties met with have been considerable, owing, firstly, to the character of the legislation concerning The City in past years and, secondly, to the absence of precedent in codification. The unsys- tematized condition of the City laws had become such as occasioned an imperative demand for a codification. The satisfaction of this demand was contemplated in the resolution referred to, and the com- mission has been executed, it is hoped, with a proper appreciation of the object. To preserve the first distinctive feature of a code, convenience and the facilitating of reference have been valued above unnecessary formal completeness. There are always other and more authoritative sources of information than a code when questions of §2563 VI ADVERTISEMENT. form arise. The text of the acts and ordinances has been preserved scrupulously, and all the laws governing The City have been collected and classified. There has been no omission except in instances of manifest and undoubted repeal, and though some few examples of perfectly obsolete law may be found they are none the less unrepealed and hence still entitled to their place on the statute-book. Where parts of acts or ordinances ona single subject have been repealed, they have not been omitted from the text when their presence is at all essential to the understanding of the rest of the act or ordinance. In the labor of preparation the editor has had the advantage, not only of constant consultation with the City Attorney, but also of the courteous assistance of the various departments of the City govern- ment, and it is believed the codification as now finished may be re- ceived as the complete body of laws governing The City of Louisville. The decisions of the appellate courts of Kentucky especially affect- ing the interests of the inhabitants of Louisville have been carefully collated, beginning with the year in which The City was first incor- porated and extending down to the present time. The law reports have been searched page by page, and the judicial decisions and dicta which have been gathered will be found to constitute in them- selves a complete system of jurisprudence. In addition to the reported decisions a large number of manuscript opinions have been inserted entire and many others quoted from. The obvious import- ance of these decisions, judicially construing, explaining, and limit- ing the City laws, renders them well deserving the space accorded them. In view of the fact that these acts and ordinances are always sub- ject to repeal and alteration by the legislature, State or local, the printer has, at the instruction of the editor, left an extra wide margin to the page so that pasting in and annotating may be practised with- out greatly marring or defacing the book. LOUISVILLE, Ky., OCTOBER 6, 1884. Chapter. 97.9 Gal Bs XIX. Be. XXI. XXIT. XXITTI. XXIV. XXV. Bon VL: XXVIT. AXVIII. X XIX. TABLE OF CONTENTS. ACTS AND ORDINANCES, - ADVERTISING, - z = ASSESSOR, - r 2 = AUDITOR, - - = : BOUNDARY AND SUBDIVISION, BRIDGES AND FERRIES, - BUILDINGS, - - - - BURIALS AND BURYING-PLACES, CANALS, - - 7 . = CHARITIES AND CORRECTIONS, CISTERNS, WELLS, AND HYDRANTS, CUeeA TTORN Wyew viel SL MO MMM a tes eielies. fate 2 CONDEMNATION, <= - GEINUM IA RCAC Tere On | aria rin CORPORATE POWERS, — - COUNTY RELATIONS. 0s > < GCOURTS:OR UAW, ee. Pe TUE LO Nee eae oe RINGIN DER eae ieee =e FEDERAL RELATIONS. : RENAN GE met ete ome ay hoe FINES AND MISDEMEANORS. WER S hats 2 eae ee see (CABS Bae etre an te Mig gt GENERAL COUNCIL, : FL YOA 0H eens Sree INSPECTION, WEIGHTS, AND TIGR NAWC foie eit nent eG MEASURES, Pages. 1 9) 6 t Seng te! Oe hed ha, Ein eae 33 ati) 56 61 [cain « ¥ 3 86 87 136 137 148 149 150 151 154 155 158 159 167 168 1738 174 »179 180 201 202 216 211i 220 Bad -Q26 226 269 270 296 297 ~ B04 305 38387 3388 361 362 370 dil 393 3894 428 VIIlL TABLE OF CONTENTS. Chapter. XXX. MARKETS, - - - = “ = “ 2 - XXXII. MAYOR, - - : - = = : 3 : XXXII. MECHANICS, LABORERS, AND MATERIALMEN, XXXII. OFFICES AND OFFICERS, - - = : : < XXXIV. POLICH, - 2 . = = a a 2 f XXXV. PUBLIC BUILDINGS AND GROUNDS, - - - XXXVI. PUBLIC WAYS, - - - 3 < s = 5 XXXVII. RAILROADS (STEAM); - s : & - E XXXVI. RAILWAYS (STREET), - 2 is 2 by : XXXILX. RECEIVER OF TAXES, - - # ‘3 « Z XL. REGISTRATION, - - - y . Ss : Adi (SCHOOLS, = - - : z 2 st = = . XLII. SEWAGE AND DRAINAGE, - 2 E e - MLL “SINKING POUND, - 2 2 = z : Z XLIV. STREET IMPROVEMENT. - 2 2 z 2 XLV. TAXATION, - - = « a és = = rs XLVI. TELEGRAPH, TELEPHONES, AND CONDUITS, - XLVII. TRANSFER AND TRANSPORTATION COMPANTES, XLVIII. TREASURER, SMES ROSE eras eae Sea ACD. VEHICLES, o's RG US Oa ine. ea ae an LO WATER, “sia ee are Un a. ance LI. WHARVES AND HARBORS, SEN wo Mites eaten LII. MISCELLANEOUS AND SUPPLEMENTAL, -— ~ AP PEN DLs yl etth. vere. ger gee 891 INDEX, - - - - - ~ - 915 . X / , i | ae ae : ae a ys : : Lt tee a . a ; es ay a Ys el PAO oil <3 'S. pti i ify f Ayn P ren, e eh ‘ d ~ = ie Oar, yihpee | Wy >. ‘ Ae eye pi . ? hi : e A : 9 a ol em n ’ 5 : | r A i ifs + a 4° .: rat ot as 7 . | t 7 ‘ ° 4 \ re t uy | , ie _ wes < j a a7 ye ek - 4 Y 2 2 ri ied + - » _ ¢ ’ rp vy 5 7 j ‘ f : - . ne * i " * J a oF an - 4 he a . 4 ; oe : a ae oe 8 : < : _ | ae Be : i ann ce a 7 eh v ae tea, : an a , * 7 Pacterener ey 5 | on Wes ath Ss sae } ‘P. i gas : ey & , al id - < 7 a7 p , ie @-: — fi “s ees ee ae aga 18 t-e oF Me SP ON OL TV as 8 ?: ty é an 7 ts - a ‘ay : a; ey ae “4 ? ‘ - al ie ‘3 - | ie ; ary nay . val iol \ alent " he : ve e : yee yale tau da? ee iy 7 af 7) Sn ir Ave Ee ‘ ‘ Pe a GABA PERL. ACTS AND ORDINANCES. Chey NER Ne: « 1. The publication of ordinances in newspapers and, annually in book form. 2. The compilation of the City laws by Elliott and the published proceedings of the Council declared to be prima facie evidence. 3. Effect of the charter of 1870 upon the then existing acts and ordi- nances. 4. Amendments to the charter may be proposed by the General . Council and submitted to the voters of The City at any general election. 5. A convention may be called by the Council to amend the charter or prepare a new one. 6. The repealing clause of the charter of March 8, 1870. 7. The City Attorney to superin- tend the publication of ordinances and see to their indexing. 8. The special compilation of the charter and ordinances of 1873, au- | thorized. 9. The meaning of certain words and provisions in ordinances de- clared. 10. Minors liable to prosecution for breach of ordinances. 1. All ordinances, before they are enforced, shall be published at least once in one or more of the daily papers printed in Louisville having the largest permanent circu- lation in said City, such newspaper or papers to be selected annually by the General Council upon joint viva voce vote, or otherwise, as may be fixed by ordinance. ! And ordinances passed during the year, and in force at 14 publication of the levy ordinances of The City of Louisville on Sunday and no other day, before seeking to enforce them, is not such a publi- cation as the City charter requires or the law of this State approves. Sunday is not a judicial day, nor is it a day upon which any work, labor, or calling can be legally pursued, unless of necessity or charity. Such publication is of itself a violation of law, and no citizen, by any law of this State, is bound to read or take notice of it.—Ormsby and others v. City of Louisville, 79 Ky., 197. be An act es- tablishing a new charter for Dhe ity of Louisville. Approved Mar. 3, 1870. Sec- tion 5. ACTS AND ORDINANCES. An act to amend an act entitled An act establishing a new charter for The City of Louisville, approved Mar. 83,1870. Ap- proved Mar. 3, 1871. Section a2 An act es- tablishing a new charter for The Oity of Louisville. Approved Mar. 3, 1870. Sec- tion 108. the end of the term of service of the Councilmen, shall be published as are the acts of the General Assembly of the State, for the use of the members of said Council, and for such distribution as may be deemed proper. 2. The charter, laws, and ordinances of The City of Louisville, as published in Elliott’s digest of the charter, acts, and ordinances of the said City, from the year seventeen hundred and eighty to the year eighteen hundred and sixty-nine, shall be regarded as correct, and shall be held and received as prima facie evidence in the courts: of the State of Kentucky ; and the proceedings. of the General Council of said City as heretofore pub- lished in the newspapers of said City, selected and de- clared by the General Council to do the printing and. publishing of said City, shall be had and received as evi- dence prima facie in the courts of the State of Kentucky. 38, All ordinances of The City of Louisville now in force and not in conflict with this charter shall continue: in force until repealed by the General Council. And all laws of this commonwealth vesting rights in or enjoining duties upon citizens of this commonwealth, not herein superseded or repealed, shall continue in force until spe- cially repealed by the General Assembly of Kentucky. 2 By the adoption of the General Statutes of Kentucky, April 22, 1873, all statutes of a general nature then in force and repugnant thereto were re-- pealed, excepting: (a) All statutes of Virginia or of this commonwealth in relation to former appropriation of the vacant lands of this commonwealth. (6) All statutes of a merely local relation to any county, city, or town, or re-- lating to the powers, privileges, and franchises of any corporation; all statutes in relation to the Institution for the Education of the Blind at Louisville,. the American Printing House for the Blind, banks, the internal improvement. system, insurance, and the Insurance Bureau. (c) All statutes in relation to any court, and the proceedings therein, in The City of Louisville and County of Jefferson, or of any city, town, or police court, and the officers thereof, and all statutes regulating the terms thereof. (d) The provisions of the codes. of practice in civil and criminal cases, so far as the same are consistent with the General Statutes.—General Statutes, p. 137. See Kastenbine v. Louis- ville, Court of Appeals, Feb. 4, 1882, unreported. The general law controls local statutes, unless there is manifested in the latter a special intent to repeal the general law.—Commonwealth v. Pointer, 5 Bush, 301. Where the char- ter of a city has been repealed, and a new act of incorporation granted, it is- ACTS AND ORDINANCES. ° 3 4. The General Council may, at any general election for State or City officers, submit to the qualified voters of said City any amendments of this charter; and if a ma- jority voting at such election vote for such amendments, it will when enacted by the legislature of Kentucky form a part of this charter. 5. Said Council may call a convention of delegates from each ward, to be elected by the qualified voters thereof, at such time as may be prescribed, at the places of election for City officers, and to be conducted as said elections. Said convention shall assemble and be organ- ized as may be prescribed by ordinance, and may amend this charter or prepare a new one, which shall be submitted to the qualified voters of The City at the general elec- tion for City officers, or on a day specially fixed by the convention ; and if approved by a majority of said voters voting for or against the same, and enacted by the legis- lature of Kentucky, the same shall form a part of or su- persede this charter. * the creation of a new city government, with its civil and police jurisdiction, as well as the manner of electing all of its officers, when not in violation of the constitution.— Boyd v. Chambers, 78 Ky., 140. But a statute is not re- pealed by implication unless there is such a positive repugnancy between its provisions and that of a subsequent statute that they can not stand together or can not be consistently reconciled.—Loran v. Louisville, Court of Appeals, Sept. 28, 1882, unreported. If a city ordinance provide a penalty for the commission of an asssault and battery within the city it does not repeal or supersede the general law previously in force on the subject. Either law may be enforced, but a conviction under one is a bar to a proceeding under the other.— March v. Commonwealth, 12 B. Mon., 25. Usually general legis- lation does not apply to specific acts; and it would be carrying the doctrine of implied repeals further than is warranted by any adjudged case to hold that the charter of a private corporation has been repealed or modified by a general act relating to an entirely different subject, when the provisions of both acts can not be readily reconciled. So, the Louisville City charter did not repeal the charter of a railroad company with which it conflicted in some of its provisions.—Tyler’s Ea’tr v. E. § P. R. R. Co., 9 Bush, 510. 3 The citizens of every local municipality owe public duties to the cor- porate body of which they are members; many of these duties have to. be per- formed without compensation: of this character are the duties devolving upon those citizens assembling under an ordinance or commission for the purpose of framing a local charter.—City of Louisville v. Baird, 15 B. Mon., 426. An act es- tablishing a new charter for The City of Louisville. Approved Mar. 3, 1870. Sec- tion 123. Id.,Section 124. ACTS AND ORDINANOES. An act es- tablishing a new charter for The City of Lowitsvilile: Approved Mar. 3, 1870. Sec- tion 126. An ordinance requiring the new char- ter, with the amendments thereto, togeth- er with certain ordinances of The City of Louisville, to be published, with proper in- dex. Approved Jato 22, ore. Secs. 1 and 2. Id., Section 38. An ordinance declaring the meaning and effect of certain words and pro- visions in ordi- nances. 6. All laws and parts of laws having special appli- cation to The City of Louisville, in so far as the same are in conflict with this charter, are hereby repealed. 4 7. All ordinances published hereafter, in pursuance of the provisions of Section 5 of. the new City charter, shall be so done under the superintendence of the City Attor- ney, whose duty it shall be to employ a competent person to prepare a full and accurate index to the same before the publishing thereof. It shall be the duty of the City Attorney to perform a like service in regard to the ordi- nances hereafter passed and published, as required by the fifth Section of the said charter. 8. Together with the ordinances of the year 1872, now to be published, shall also be published all ordinances now in force (and not contained in Elliott's digest of the charter, acts, and ordinances of The City), and also the new City charter, with all the amendments thereto, the whole to be published in one volume and indexed as re- quired by the first Section of this ordinance. 9. Words used in ordinances in the past or present tense, include also the future. The masculine gender in- cludes the feminine and neuter. The singular number includes the plural, and the plural the singular. The word person includes a corporation as well as a natural person; writing includes printing or printed paper ; Council, of itself, mean the General Council, and words descriptive of acts, duties, or officers in general, refer to acts, duties, or officers within or of The City of Louisville. Authority conferred upon a number of persons as an ageregate body or board, may be exercised by the ma- jority of a quorum, said quorum being a majority of the * Decisions and dicta upon the question of repeals by the present charter of The City may be found in the following cases: Meddis v. Obst, Court of Appeals, November, 1873, unreported; Duncan’s Trustee v. Louisville, Court of Appeals, November, 1878, unreported; Tyler's Ex’tr v. E. § P. R. R. Co., 9 Bush, 510; Craycroft v. Selvage, 10 Bush, 696; and Davis, Moody § Co. v. Louisville, Court of Appeals, Feb. 24, 1883, unreported. ACTS AND ORDINANCES. body duly convened. Words enacting fines, penalties, or payments, include any enactment that they may be prosecuted for, by and in the name of The City before the City Court. ® 10. Minors shall be liable to be prosecuted for breaches of ordinance in the same manner and to the same effect as adults. ' Bas>See ADVERTISING—CouRTS OF LAW—FINES AND MISDEMEANORS— GENERAL OCouncIL—HEALTH—MARKETS— POLICE. 5 An ordinance of a municipal corporation must conform strictly to the provisions of the statute giving power to pass it, or it will be void—Kniper v. City of Louisville, 7 Bush, 599. City ordinances, penal in their character, are to be construed strictly.—Krickle v. Commonwealth, 1 B. Mon., 361. The Mayor and Council of Louisville have the power to define the acts which they intend to prevent by their ordinances and the act defined is the offense.—City of Louisville v. Roupe, 6 B. Mon., 591. An ordinance as to the liabili- ty of minors to be prosecuted. Approved Oct. 17, 1853. An act to amend an act entitled An act establishing a new charter for che City of Louisville, ap- proved Mar. 3, 1870. Approv- ed Mar. 3, 1871. Section 10. ‘An. ach to amendthechar- ter of The City of Louisville. Approved Mar. 29, 1879. GHA hy dle ADVERTISING. CONTENTS. 1. The matters designated by law 4, Election of newspapers to do to be published in newspapers to be | the public advertising. published in certain papers and at | certain rates. 2. Publication of the delinquent | tax-lists. | 3. Council proceedings not to be published unless ordered. 5. The compensation for adver- tising. 6. Bills and claims for advertising to be presented in a certain manner. 7. Former ordinances repealed. 1, From and after the passage of this act it shall not be necessary for the City Council to have published and printed the journal or proceedings of the General Coun- cil; but all other matters required by the provisions of the charter or ordinances to be printed and published shall be so printed and published in at least two papers in said City of Louisville having the largest dona fide circulation in said City, one of which shall be printed in the English and the other in the German language; pro- vided that the rates to be paid for said publication shall not exceed the lowest cash rates paid by yearly advertis- ing for the same amount of space, the same to be attested by the affidavits of the owners and proprietors of the newspapers in which said publications are made. 2. Section 2 of an act, entitled ‘‘An act to amend the charter of The City of Louisville,’’ approved March 3, 1876, is so amended that the Receiver of City Taxes shall give notice of the delinquent tax-Jist by one insertion in ADVERTISING. one newspaper of general circulation printed in the Eng- lish language, and one of general circulation printed in the German, in said City. This act shall be in force from its passage. 3. Hereafter the proceedings of the General Council shall not be published at the expense of The City, unless so ordered by the General Council. 4. The General Council shall, in the month of May, 1883, and annually thereafter, elect four daily papers, three printed in the English language and one printed in the German language, eligible to do the public adver- ‘tising. 9. The compensation to be allowed for the City adver- tising shall not exceed the rate of seventy-five cents per square measurement. 6. Every bill for public advertising presented to the General Council shall have appended to it the affidavit of one of the publishers of the newspaper presenting the bill, stating that the affiant is one of the publishers of said newspaper, and that the bill presented is at the rate of seventy-five cents per square. 7. Ordinance No. 729, entitled ‘‘An ordinance to regu- late the public printing,’’? approved March 26, 1880, and all ordinances and resolutions relating to public printing at the expense of The City, are hereby repealed. Bas See ACTS AND ORDINANCES— CONTRACTS — ENGINEER— PUBLIC Ways— RECEIVER oF TAXES—WATER. An ordinance to regulate the public print- ing. Approved May 7, 1888. Section 1. Id., Section 2. Id., Section 3. Id., Section 4. Id., Section 5. An act to amend the charter of The City of Louis- ville. Ap- proved Mar.18, 1876. Sec. 1. Id., Sections 2,38 and 4, An act to re- vise and amend the tax laws of The City of Louisville. Ap- proved May 12, 168A eA rt. 211, Section 1. @iebouetbet- abi. ASSESSOR. CONT HINES: 1. The Assessor to be elected by the General Council. 2. First election and term of office. 3. Assessments. 4, Land, improvements, personal property, and investments to be as- sessed as of the first of September annually. 5. Assessment books. 6. Mistakes in assessments. 7. Assessment maps. 8. Duties of the Assessor and As- sistants in reference to property-lists; returns to be made under oath. 9. Failure or refusal to return sworn list a misdemeanor; fine and punish- ; p ment. * 10. Ascertainment of changes in the ownership of property. 11. Persons and property escaping assessment. 12. Abatements and deductions. 13. Record of certain sales and of deeds executed to The City. 14. Property which has been sold for taxes, until redeemed, to be assessed against the holder of the tax-title, ex- cept when The City is that holder. 15. Tax-register, showing trans- fers of real estate, and delinquent: taxes. 16. Assistant Assessors provided for. 17. Oath of office of the Assessor. 18. It is made unlawful to mark, deface, disfigure, or destroy any map or record of the Assessor’s depart- ment; fine. 1. Hereafter the Assessor of The City of Louisville shall be elected by the General Council of said City, by viva-voce vote, in joint session. 2. The first election of said Assessor under this act shall take place on the first Tuesday in December, 1877, and on the said first Tuesday in every two years there- after. are hereby repealed. after its passage. All laws and parts of laws in conflict with this act This act to be in force from and 3. The assessments of real and personal property shall be made by the Assessor, who shall hold office, and whose successor shall be elected under existing laws. The Assessor and his assistants, clerk and draughtsmen ASSESSOR. shall be compensated under ordinance of the General Council. He may from time to time appoint as many assistants as the General Council shall prescribe, and their appointment must be approved by the General Council, which body may also, for cause, remove them. The General Council may allow him to employ clerks and draughtsmen not having the powers herein vested in his assistants. But railroads shall be assessed as hereto- fore under Chapter 764 of the Acts of 1878. 4. For the purpose of assessment, the soil shall be known as ‘‘land,’’ and everything attached thereto or built thereon shall be known as ‘‘improvements,’’ and such improvements, when owned by the tenant, may be assessed in his name apart from the land. The articles other than land and improvements enumerated in Section 5 of Article 11 shall be known as ‘‘ personal property,”’ and the effects made taxable by Section 6 of said Article as ‘‘investments.’’ The Assessor shall assess at its fair cash value, as of the first of September of every year, all the lands, improvements, personalty, and investments taxable under the first Article of this act, and shall also list all resident males twenty-one years of age and over. 5. In making the assessment and lists provided for in the second Section hereof,? the Assessor shall, before the first day of November in each year, or as soon there- after as practicable, make and return not less than four assessment books, and shall cause to be entered therein, as near aS may be, in alphabetical order, the names of all persons who are the owners or holders of lands, improvements, personal property or invest- ments liable to be assessed under the provisions of this act; and opposite the name of such person, owner or holder the number and block of each of his lots, according to the maps now in the Assessor’s office, and the aggregate value of each parcel of land, the value per foot front. When such parcel fronts on a public way, 1See Chapter XLV., post. 2Section 4, preceding. Td., Section 2. Id., Section 3. 10 ASSESSOR. Id., Section 4. the value of the improvements, the assessed value of his personal property and of his money investments, and whether such person, owner, or holder was, on the first day of September, in the year in which he was listed a male inhabitant of said City, over the age of twenty-one years, any lot of land which is not now designated by a number on the maps referred to in this Section, and any lot of land which is now so designated, but is hereafter subdivided, shall be designated by said Assessor by an appropriate serial number, and shall by such numbers be designated in the assessment books. 6. No mistake in or omission of the right name of the owner or holder of lands or improvements lable to be assessed under the provisions of this act shall impair any assessment thereof if such land be designated in said books by its corresponding number and block on said map; or if such improvement be then designated by the number and block of theland on which it rests, or if such land or improvement be otherwise fully identified in said books. 7. The General Council may provide for additional as- sessment maps whenever land now held as ‘‘acre prop- erty’’ is laid out in squares, or when The City is extended beyond its present limits. 8. The Assessor shall, before assessing any land or improvement, view the same by himself or an assistant, and before assessing goods and chattels go upon the premises where the same, or the greater part thereof, may be found. His failure so to do shall not invalidate the assessment, but a disregard of this duty will be a good cause for his removal by the General Council. Every person owning or holding taxable property in his own right or as fiduciary, guardian, or agent, shall return to the Assessor, or his assistant, when called upon, a true list of such property, real and personal, upon blanks therefor prepared by the Assessor in a form prescribed by ordinance, together with the value of the personalty and amount of investments, and make oath thereto before such Assessor, or one of his assistants, who are hereby ASSESSOR. 1] authorized to administer the same. When deductions for purchase or borrowed money or deposits are claimed against investments, the amount of the latter and that of the former must be stated separately. In case of the failure or refusal of such person to return such list under oath, said Assessor may, according to the best of the information he can obtain, assess the lands, improve- ments, personal property and investments of such person, and shall add ten per cent. to the value of the personal property and investments. 9, The Assessor or his assistant may, if dissatisfied with the list of personal property or investments, re- monstrate and state his reasons for being dissatisfied. A person failing or refusing to return the sworn list shall be deemed guilty of a misdemeanor, and on conviction thereof be fined not less than ten nor more than twenty dollars for each offense; and each day’s failure to make return after the first fine shall constitute a separate offense. The prosecution of such offense shall be had in the City Court, and the fine shall be payable to the City treasury. The City Court may also, at the instance of the Assessor, by rule and process of contempt, enforce upon delinquents the return, under oath, of the lsts above required. 10. The Assessor shall make diligent search among the conveyances and probated wills recorded in the Jefferson County Clerk’s office and among the confirmations of sales in the Louisville Chancery and Law and Equity courts from day to day; and shall also, by personal in- quiry in his yearly rounds, seek to learn about every death among the owners ‘of land or improvements in said City, by which the same may devolve upon others. He is directed not to assess any property in such a name as ‘‘A. B’s heirs”’ or ‘‘A. B’s devisees’’ or ‘‘A. B’s exec- utors,’’ or the like, but he may assess land or improve- ments thus, as ‘‘A. B’s unknown heirs’’ or ‘‘unknown dev- isees,’’ or the like, when the names can not be obtained, though diligent inquiries have been made. When the Id., Section 5. 12 ASSESSOR. An ordinance as to additional assessments and abatements and deductions from tax lists. Approved Oct. 27, 1858. An ordinance prescribing ad- ditional duties for Assessor. Approved Mar. 29, 1856. An ordinance regulating the assessment of property which has been sold joint owners are more than three in number, three of the names, with the addition of ‘‘and others,”’ shall suf- fice, and when remainders, reversions or future estates are outstanding the holder of the particular estate shall be assessed with the words ‘‘ holder of present estate’? added to his name. But whenever the names of all the owners are not given, no lien for the taxes shall arise to the detri- ment of any purchaser from those not named, unless the assessment, by its own terms or by reference to the City maps, identifies the land or improvements therein em- braced. 11. The collector of taxes, on discovering any person or property not listed, but subject to taxation, shall re- port the fact to the Assessor, who shall forthwith enter and assess the same, and deliver to said collector a tax- bill thereof, taking his receipt to the Auditor who shall charge him with the amount. 12. The Auditor shall, by the first day of March in each year, deliver to each collector of taxes a list of abate- ments and deductions made by the Council on his tax-, bills, and for the amount thereof he shall be allowed credit on settlement. 13. The Assessor shall, by himself or assistants, enter into a book prepared for that purpose, all sales made by the City or railroad tax-collectors which are reported and approved by the General Council, and also record in a separate book all deeds executed to or by The City, which concern the title of The City to any real estate, right of way, or other interest therein, and after such deeds have been duly entered of record in the County Clerk’s office, preserve and carefully file all such that may have come to his hands, and preserve, in separate bundles for each year, all original tax-bills returned with the reports of sales as aforesaid. 14. Property which has been sold for taxes shall be afterwards, and until it is redeemed, assessed against the holder of the tax-title. But when The City is the holder ASSESSOR. 13 of said title, the tax-bill therefor shall not be delivered to the collector. 15. A register shall be kept by the Assessor of City taxes, showing in alphabetical order all transfers of real estate in said City, also an alphabetical list of delinquent taxes; and all purchasers of real estate in said City shall furnish the Assessor information thereof within two days after the conveyance shall be lodged for record, and shall be notified by the Assessor of any delinquent taxes against said property, and that the said purchaser is liable. 16. The Assessor of taxes may nominate and the Gen- eral Council elect upon viva-voce vote Assistant Assess- ors, to perform such duties in making assessments and receive such compensation as may be prescribed by ordi- nance. 17, The Assessor of taxes, before acting as such, shall make oath that he will, well and truly, to the best of his skill and ability, perform the duties of Assessor without fear, malice, favor, or intentional injustice, and will dili- gently and carefully search and make inquiry, in order that no person liable to assessment be omitted therefrom, and that he will faithfully report all persons. failing to render lists when required, or otherwise violating or evading any ordinance relating to assessments. 18. It shall be unlawful for any one to mark, deface, or in any way disfigure or destroy any of the maps or records of the City Assessor’s department, and upon conviction thereof shall be fined not less than ten nor more than fifty dollars for each offense. This ordinance shall take effect from and after its passage. Bas” See AUDITOR—BOUNDARY AND SUBDIVISION—OFFICES AND OFFI- CERS—RAILROADS—RECEIVER OF TAXES—TAXATION. for taxes. Ap- proved Mar. 9, 1857. An act es- tablishing a new charter for The City of Louisville. Approved Mar. 3, 1870. Sec- tion 115. An act es- tablishing a new charter for The City of Louisville. Approved Mar. 3, 1870. Sec- tion 118. An ordinance prescribing the special oath of the Assessor of Daxes. .Ap- proved Oct. 17, 1853. An ordinance concerning the maps and re- cords in the City Assessor’s department. Approved Dec. 26, 1882. OCHA PDE RLY: AUDITOR. CONTENDS. 1. The Auditor shall draw all war- rants on the Treasurer. 2. Regular reports of warrants to the Council. 3. All money coming into the treas- ury to be placed on the proper ac- Council of failures on the part of officers to handle properly the City’s money or property. 7. General duties. 8. Warrants to be drawn only on the Clerk’s certificate. — counts. An ordinance regulating the drawing of warrants for money, and keeping ac- counts thereof. Approved -——. An ordinance prescribing the mode of audit- ing claims against The City. Approv- ed ; 4. Duties with reference to claims against The City. 5. Monthly reports to the Council. 6. Shall notify the Mayor: and 9. Book of bills payable and re- ceivable to be kept. 10. The delivery over to the Coun- cil Clerks of certain City records. 1, The Auditor shall draw all warrants for the payment of money on the Treasurer, and keep a complete register of all of them, specifying number, date, amount, when and to whom payable, on what account drawn, and out of what fund payable. 2. And each regular session of the Council shall re- port a full and accurate list of all warrants drawn since its last regular session. 3. And he shall also, as money comes into the treasury, place the same to the credit of the proper accounts to which each part thereof is applicable. 4. The Auditor shall examine, audit, and adjust all claims against The City, presented for allowance or pay- ment, and having done so, shall present all such (with the exception of fixed salaries and claims liquidated under ordinance or resolution) to the Council, certifying AUDITOR. the facts and recommending the rejection or allowance of the claim, with his reasons therefor. 5. The Auditor shall fully and correctly report to the Council at its first regular meeting in each month, the amounts received and disbursed during the preceding month, on account of the Workhouse, Almshouse, and Hospital, stating the several transactions on which they arose, and shall also, at each regular meeting of the Council, report in like manner the condition of each head of appropriation, showing the exact sum then standing to its credit, and the sums allowed under that head, and whether by resolution, or otherwise, made chargeable to it, and whether the same is paid or unpaid at the time of making said report. 6. The Auditor shall also immediately notify the Mayor, and at its next regular session report to the Council all failures on the part of any officer receiving or disbursing money, or receiving or delivering property of or for The City, to make due return or report thereof, or delivery or payment when required. 7. The Auditor shall be the general accountant of The City, and shall keep in books regular accounts of all re- ceipts and disbursements of money for The City, and separately, under proper heads, each cause of receipt and disbursement, and also accounts with each person, in- cluding City officers, who have money transactions with The City, crediting amounts allowed by the General Council, and charging each with all warrants drawn in his favor, and specifying the particular transactions to which such entries apply. 8. He shall not draw any warrant on the Treasurer except upon the certificate of the Clerk of the Common Council, and shall number his warrants to correspond with such certificate. 1 9, He shall keep a book of bills payable and bills 1 Modified by ordinance, approved Feb. 27, 1877, ¢.v., Chapter XIII, post. An ordinance as to finance re- ports of the Auditor. Ap- proved Oct. 17, 1853. Sec. 1. Id., Section 2. An ordinance prescribing the duties to be performed by the Auditor. Approved Apr. 11, 1856. Sec.1. 16 Id., Sections 2 and 38. AUDITOR. receivable, containing the particulars of all bills or notes payable to or by The City, and noting thereon the facts as they occur. 10. The Auditor shall, immediately upon the approval of this ordinance, deliver over to the Clerk of the Board of Aldermen and the Clerk of the Common Council, taking their receipt therefor, all journals of proceedings of the Board of Trustees for the town of Louisville, of the Mayor and Council of The City of Louisville, and the General Council, and all other records and papers not properly belonging to the office of said Auditor. All or- dinances contrary hereto are hereby repealed. Ba@S"See ASSESSOR—CLAIMS—FINANCE—GENERAL COUNCIL—OFFICES AND OFFICERS—SINKING FUND—TREASURER. Cores Bas BOUNDARY AND SUBDIVISION. CON EEN CS. 1. Boundary of The City of Louis- 11. Boundaries of the Third ville as established March 9, 1868. | Ward. 2. The boundary continued by the ees Boundaries of the Fourth Charter of March 8, 1870. War as ; aha : 13. aries ifth 3. Public plan of The City. Ward. TL ae 4. Change in the Western bound- ‘14. Boundaries of the Sixth ary, Feb. 28, 1871. W ard. 5. Change in the Eastern bound- 15. Boundaries of the Seventh ary, Feb. 9, 1880. 6. Change in the Eastern bound- ary, April 28, 1884. Ward. 16. Boundaries Ward. of the Eighth 7. The City divided into Eastern i aaa of the Ninth ands Westerns dispricts. 18. Boundaries of the Tenth 8. Ward boundaries. Ward. 9 Boundaries of the First Ward. 10. Boundaries of the Ward. Second 19. Boundaries Ward. . 20. Boundaries Ward. of the Eleventh of the Twelfth 1. The boundaries of The City of Louisville shall be as follows :' Beginning at low water mark on the Indiana side of the Ohio’ river, opposite the northwest line of Port- land; thence southwardly with the west line of Portland to the south line of Bank Street; thence eastwardly with 1The royal letters-patent for the site of Louisville were the following: “GEORGE THE THIRD BY THE GRACE OF GoD, OF GREAT BRITAIN, FRANCE, AND IRELAND, KinG, DEFENDER OF THE FAITH, Etc. To ALL WHOM THESE PRESENTS MAY COME, GREETING: Whereas by our royal p J roclamation dated at Saint James’ the seventh day of October, 1763, in the ” ? J third year of our reign, for regulating the cessions made to us in America by. 9 - An act to ex- tend the bound- ary line of The City of Louis- ville. Ap- proved Mar. 9, 1868. 18 BOUNDARY AND SUBDIVISION. Bank Street, two hundred and ten feet south thereof, toa point eight hundred feet west of the west line of the Shippingport Road; thence southwardly parallel with said road to the south line of Jefferson Street; thence eastwardly with Jefferson Street to the west line of said Shippingport Road; thence southwardly with said road to the south line of Oakland Avenue, extended ; [thence eastwardly with said south line of Oakland Avenue ex- tended] to a point two hundred and ten feet west of the west side of Seventh Street; thence south- the last treaty of peace, we did command and empower our Governors of our several provinces in North America to grant without fee as reward to such reduced officers as had served in North America during the late war, and to such private soldiers as had been, or should be disbanded in America and are actually residing there and should personally apply for the same, certain quan- tities of land subject at the expiration of ten years to the same quit-rents as other lands are subject to, and it being sufficiently proven to our Lieutenant and Governor General of our Colony and Dominion of Virginia that John Connolly, late a surgeon’s mate in the General Hospital of our forces in America, is entitled to two thousand acres of land under our royal proclama- tion aforesaid, Know Ye therefore, for the consideration aforesaid, we have given, granted, and confirmed, and by these presents for us, our heirs, and successors, do give, grant, and confirm unto the said John Connolly one certain tract or parcel of land containing two thousand acres lying and being in the County of Fincastle, on the south side of the Ohio river, opposite to the falls thereof and bounded as follows, to wit: Beginning at a hop-ash and buckeye, the lower corner of Major Edward Ward’s land on the bank of the same River thirty-five poles above the mouth of Beargrass Creek, thence down the said River south eighty-three degrees west thirty-five poles, thence north eighty-seven degrees west one hundred and twenty poles, thence north fifty degrees west one hundred and ten poles, thence north one hundred poles, thence north thirty-three degrees west two hundred and twelve poles, thence north twenty-two degrees west eighty poles, thence north thirty-five west thirty-one poles, thence north sixty-three west thirty-two poles, thence north seventy-five degrees west twenty-five poles, thence south fifty degrees west one hundred poles, thence south eighty degrees, thence south eighty degrees west one hundred and seventeen poles to a beech and buckeye and black-oak, the upper corner of Charles de Wahrmsdorff’s land, and thence by his line south ten, east six hundred and ninety-three poles to a black-oak, sugar- tree, and buckeye, the south corner'of said land, thence by the lines of Laughton McClain, Thomas Douglass, and Charles de Wahrmsdorff, south eighty-eight degrees east seven hundred and sixty-nine poles to a black-oak and sugar-tree in Major Edward Ward’s line, then by the same north thirty- seven degrees west three hundred and ninety poles to the beginning. With all woods, underwoods, swamps, marshes, low grounds, meadows, feedings, and his due share of veins, mines, and quarries, as well discovered as not discovered, BOUNDARY AND SUBDIVISION. rardly, and parallel with the west side of Seventh Street, to a point two hundred and ten feet south of the south line of Shipp Avenue; thence south- wardly and parallel with said Shipp Avenue, to a point two hundred and ten feet west of Third Street ; thence southwardly, and parallel with Third Street, to the south line of the House of Refuge lands, and follow- ing the boundaries of said land to Shipp Avenue at a point two hundred and ten feet east of Second Street ; thence northwardly, and parallel with Second Street to within the bounds aforesaid and being part of the said quantity of two thousand acres of land and the rivers, waters, and water-courses therein con- tained together with the privileges of hunting, hawking, fishing, fowling, and all other profits, commodities and hereditaments whatever, the same or any part thereof belonging or in anywise appertaining, to have, hold, possess, and enjoy the said tract or parcel of land and all the other before granted premises, efc., every part thereof with each and every of their appurtenances unto the said John Connolly and his heirs and assigns forever, to the only use and behoof of said John Connolly, his heirs and assigns forever, to be held of us, our heirs and successors, as our manor of East Greenwich in the County of Kent in free and common socage and not in capite by knight’s service, yielding and paying unto us, our heirs and successors, for every fifty acres of land, and so proportionably for a lesser or greater quantity than fifty acres, the fee rent of one shilling, to be paid upon the feast of Saint Michael, the archangel, next after ten years from the date of these presents, and also cultivating and improving three acres’ part of every fifty of the tract above mentioned, within three years after the date of these presents, provided always that if three years of the said fee rent from and after the expiration of the ten years aforesaid shall at any time be in arrear and unpaid, or if the said Connolly, his heirs or assigns, do not within the space of three years next coming after the date of these presents, cultivate and improve three | acres’ part of every fifty of the tract above mentioned, then the estate hereby granted shall cease and be entirely determined and thereafter it shall and may be lawful to and for our heirs and successors, to grant the same lands and premises with the appurtenances unto such other person or persons as our heirs and successors shall think fit. In witness whereof we have caused these our letters patent to be made. Witness our trusty and well beloved John Earl of Dunmore, our Lieutenant and Governor General of our said Colony and Dominion of Virginia, being under the seal of our said Colony, the tenth day of December, 1773, in the fourteenth year of our reign. DUNMORE.” . LAanpD OFFICE, RicHMOND, VA.: The foregoing is a true copy from the records of this office. Witness my hand and seal of office this 20th day of December, 1883. J. W. BrocKENBROUGH, [SEAL] Register Land Office. 19 BOUNDARY AND SUBDIVISION. Mrs. Williams’ south line; thence eastwardly, and par- allel with the old boundary line, to a point southwardly of the point where said old boundary line strikes the south fork of Beargrass Creek; thence northwardly to the point where said old boundary line strikes the south fork of Beargrass Creek ; thence with the meanders of said creek to a point two hundred and ten feet south- wardly of where Stewart Avenue if extended would strike said creek; thence eastwardly, and parallel with the south line of Stewart Avenue extended to a point two The act of the Virginia legislature establishing the town of Louisville, passed in May, 1780, is as follows: “Whereas, Sundry inhabitants of the County of Kentucky have, at great expense and hazard, settled themselves upon certain lands at the Falls of Ohio, said to be the property of John Connolly, and have laid off a consid- erable part thereof into half acre lots for a town, and having settled thereon, have preferred petitions to the General Assembly to establish the said town. “Be it therefore enacted, That one thousand acres of land, being the for- feited property of the said John Connolly, adjoining the lands of John Campbell and Taylor, be, and the same is hereby vested in John Todd, Jr., Stephen Trigg, George Slaughter, John Floyd, William Pope, George Meriwether, Andrew Hines, James Sullivan, and Marsham Brashiers, gentlemen, Trustees, to be by them, or any four of them, laid off into lots of half an acre each, with convenient streets and public lots, which shall be, and the same is hereby established a town, by the name of Louisville. “ And be it further enacted, That after the said lands shall be laid off into lots and streets, the said Trustees, or any four of them, shall proceed to sell said lots, or so many as they shall judge expedient, at public auction, for the best price that can be had, the time and place of sale being previously adver- tised two months, at the courthouses of the adjacent counties, the purchasers respectively to hold the said lots, subject to the condition of building on each a dwelling house, sixteen feet by twenty, at least, with a brick or stone chimney, to be finished within two years from the day of sale, and the said Trustees, or any four of them, shall, and they are hereby empowered to convey the said lots to the purchasers thereof in fee simple, subject to the conditions aforesaid, on payment of the money arising from such sale, to the Trustees, for the uses hereafter mentioned; that is to say, if the money arising from such sale shall amount to thirty dollars per acre, the whole shall be paid by the said Trustees into the Treasury of this commonwealth, and the overplus, if any, shall be lodged with the Court of the county of Jeffer- son, to enable them to defray the expenses of erecting the public buildings of the said County: Provided, That the owners of lots already drawn shall be entitled to the preference therein, upon paying to the said Trustees the sum of thirty dollars for such half acre lot, and shall be thereafter subject to the same obligations of settling as other lotholders within said town. BOUNDARY AND SUBDIVISION. hundred and ten feet east of the center line of Beargrass Cutoff, if extended; thence northwardly and parallel with said center line of Beargrass Cutoff, to the property of the Kentucky Institute for the Blind; thence with the boundary line thereof (leaving said property inside The City) until it strikes the aforesaid line of two hundred and ten feet east of, and parallel to the center line of Beargrass Cutoff, extended; thence northwardly with said line, across the Ohio river to low water mark ; thence with the meanders of said river at low water mark to the “And be it further enacted, That the said Trustees, or the major part of them, shall have power, from time to time, to settle and determine all dis- putes concerning the bounds of said lots, and to Settle such rules and orders for the regular building thereon as to them shall seem best and most conven- ient, and in case of death or removal from the county of any of the said Trustees, the remaining Trustees shall supply such vacancies by electing others from time to time, who shall be vested with the same powers as those already mentioned. “And be it further enacted, That the purchasers of lots in the said town, so soon as they shall have saved the same according to their respective deeds of conveyance, shall have and enjoy all the rights, privileges, and immunities which the freeholders and inhabitants of other towns in this State, not incor- porated by charter, hold and enjoy. : “And be it further enacted, That if the purchaser of any lot shall fail to build thereon within the the time before limited, the said Trustees, or the major part of them, may thereupon enter into such lot, and may either sell the same again, and apply the money towards repairing the streets, or in any other way for the benefit of said town, or appropriate such lot to public uses, for the benefit of the inhabitants of said town: Provided, That noth- ing herein contained shall extend to affect or injure the title of lands c:aimed by John Campbell, gentleman, or those persons whose lots have been laid oft on his lands, but that their titles be, and remain suspended, until the said John Campbell shall be relieved from his captivity.” For forty-seven years from the establishment of the town its territorial limits were subjected to little or no alteration; in 1827 was added, on the east side, the Preston enlargement, which is described as embracing about 250 acres. So, the charter of 1828, incorporating The City, gave the following complete City boundary: “That part of Jefferson County, begin- ning at the stone bridge over Beargrass Creek, near Geiger’s Mill, thence on a straight line to the upper corner of Jacob Geiger’s land, on the Ohio River, and thence by a straight line down the Ohio River, so as to include Corn Island and the stone quarry adjacent thereto; and thence by a straight line to the upper boundary of Shippingport, where it binds on the river Ohio; thence with the upper boundary of Shippingport to the back line thereof and the same course continued until it intersects the back line of the town of Louis- ville, when extended westwardly far enough to meet the said line extending 22 The charter, act approved March 3, 1870. Sec. 18. The charter, act of March 3, 1870. See. 17. BOUNDARY AND SUBDIVISION. point of beginning.? This act to take effect, and the boundaries herein provided for to be held as established from the passage of this act. 2. The boundaries of The City of Louisville shall remain as now established until the same shall be changed by law. 3. The General Council shall, within the first year after this charter takes effect, cause a map to be made of the entire City within the boundary fixed by this charter, out from the river, with the upper boundary of Shippingport; thence from the said intersection to the south or back line of the present town of Louis- ville, and with the said back line to the south fork of Beargrass Creek; thence down the middle thereof to the beginning, at the center of the stone bridge aforesaid.” The charter of 1851 did not change the boundary. In 1852 the town of Portland was made a part of Louisville, and “all that part of the County of Jefferson commencing at the southwestern corner of The City of Louisville, and running thence on a direct line to the southwestern corner of Portland, and with the western line of Portland to the northern boundary of Kentucky; thence up the Ohio river to the town line,” was brought within the City limits. In 1854 the corporate limits were changed as follows, to wit: “Beginning at Geiger’s Bridge on Beargrass Creek; thence down said creek to Pope’s line, common to Geiger and Pope; thence north- wardly with said line to where said line intersects said creek; thence down said creek to the present line of the City limits; thence with said line to the Ohio river.” In 1856 the limits were “extended so as to run up the Ohio river to the mouth of the new cutoff, where Beargrass Creek empties into said river; thence up said creek or cutoff until it reaches the upper end of said cutoff at the original bed of the creek; thence to William Pope’s line, and with his line until it strikes said creek again; thence up said creek until it strikes the line of the present corporation.” The next change was in 1868 by an act prescribing the municipal boundary as given in Section 1, above. The subsequent and recent extensions of territory are shown above. ~ 2As to the character of the jurisdiction exercised by The City over that portion of the Ohio river in front of it, see the case of the Louisville Bridge Company v. City of Louisville, Court of Appeals, May 26, 1883; opinion of the court by Harais, C. J., and Hrnzs, J., and, Dec. 10, 1883, separate opinion by Pryor, J., and dissenting opinion by Lewis, J. The jurisdic- tions of counties bordering on the river are declared by statute to be co- extensive with the State line.— McFall v. Commonwealth, 2 Met., 394. And the State’s jurisdiction over the river would seem to be beyond question. Formerly the State of Virginia owned the lands on both sides of the Ohio river, from the northern boundary line of Virginia to the mouth of the Ohio, and exercised over the river the right of domain, empire, sovereignty, and jurisdiction. This possession, on both sides of the river, gave to Virginia, according to the principles of the law of nations, the domain, empire, BOUNDARY AND SUBDIVISION. with streets, avenues, lanes, roads, and all other public ways laid out by actual survey, showing the extension thereof to the boundary line with regular squares ; and no person shall lay out lands or sell lots upon a plan at variance with said public plan and map, unless the Gen- eral Council by ordinance permit the same; but all owners may map out their lands according to said public plan, and the streets and other public ways thus laid out shall be public ways of said City. 4. The western boundary of The City of Louisville shall be so changed as to be as follows: Beginning at a stone, being the southwest corner of the boundary of The City of Louisville as established by act of the legislature, dated the tenth day of March, eighteen hundred and sixty- eight; thence extending said boundary line with the south line of Oakland Avenue (extended) eight hundred feet westwardly ; thence in a northerly direction, parallel with the Shippingport Road and eight hundred feet west thereof, to a stone in the old boundary on the south side of Jefferson Street extended. # sovereignty and jurisdiction over that part of the Ohio river flowing through its territory. Virginia ceded to the United States the territory lying north- west of the Ohio river. By this cession the domain, empire, sovereignty and jurisdiction of Virginia over the river Ohio did not pass, but remained in that State. By the erection of Kentucky into an independent State, by the compact between Virginia and Kentucky, and the limits assigned to the new State, and the assent of the Congress of the United States to that compact, Kentucky, as a State, became invested with the domain, sovereignty and jurisdiction over the Ohio river, from its mouth up to Big Sandy river, as fully as formerly held and possessed by the State of Virginia. By this right of domain, sovereignty and jurisdiction, the whole power, legislative, exec- utive, and judicial, belongs to the State of Kentucky over the waters of the Ohio river to the northwestern shore or bank, along its course from the mouth of Big Sandy river to the mouth of the Ohio river.— McFarland et al.v. Mekxynight, 6 B. Mon., 500. 3 Where a town is extended by improvement so as to give those living adjacent to the town boundary all the advantages which the citizens enjoy from the local government of the town, the legislature has constitutionally the power to extend the limits of the town and subject the owners of the property to a share of the burdens of the local government.—Sharp’s Ea’tr v. Dunavan, 17 B. Mon., 223. And, the decision of the legislature as to the pro- priety of the extension of a town boundary is to prevail, unless there has been a flagrant violation of private right.—Jb. See Cheeney v. Hoozer, 9 B. Mon., 330. An act to change the western bound- ary of The City of Louisville. Approved Feb. 28, 1871. 24 An act to ex- tend the bound- ary of The City of Louisvile. Approved Feb. 9, 1880. An act to extend the boundary of the. City of Louisville. Ap- proved April 28, 1884. BOUNDARY AND SUBDIVISION. 9. The boundary of The City of Louisville shall be extended as follows, to wit: Beginning at a point in the present City boundary line, where the same crosses or intersects the north line of East Broadway; thence with the northeasterly line of said street two hundred and forty-two feet to a point in said north line of East Broad- way; thence in a northeasterly direction one hundred and eighty feet to the south line of analley; thence with the south line of the alley one hundred and sixty-six feet to the City boundary line. 6. The boundary of The City of Louisville is hereby extended so as to include the folowing boundary, to wit: Beginning in the present City boundary line where the same intersects the northerly line of the Water Com- pany’s Reservoir Avenue at a point four hundred and thirty-four feet northwardly from the north line of the Brownsboro Turnpike Road, thence north twenty-five degrees thirty minutes east one hundred and seventy- three feet to the southerly end of a strip of land one hundred feet wide conveyed to the Water Company by James W. Bowles and others, thence northeast- wardly upon a curve of one thousand and sixteen feet radius three hundred and sixty-eight feet to a point tan- gent in the northerly line of Reservoir Avenue, thence with the northerly line of said Avenue north forty-five degrees fifteen minutes east three thousand four hundred and seven feet to the line dividing the lands formerly belonging to Pope and Throckmorton, thence with said dividing line south thirty-six degrees forty-five minutes east ten and three tenths feet to a tract, number one, conveyed to the Water Company by Throckmorton and Adams, thence with said tract number one north forty- four degrees forty-five minutes east one thousand five hundred and thirty-six and two tenths feet to intersect with the third line named in a conveyance to the Water Company by Throckmorton and Adams, thence north thirty-seven degrees east two hundred and sixty-three and three tenths feet to the southerly end of line number BOUNDARY AND SUBDIVISION. two in said last mentioned conveyance, thence north thirty-seven degrees fifteen minutes west one thousand one hundred and fifty-five feet to the southerly line of the Louisville and Oldham Turnpike Road, thence with southerly line of said road north forty-five degrees east one thousand two hundred and seventeen feet to the line dividing the land formerly belonging to Throckmorton and Hewitt, thence with said dividing line south thirty- seven degrees fifteen minutes east one thousand five hun- dred and seven and five tenths feet to the northwest- wardly corner of a lot conveyed to the Water Company by Hahn and Ferrell, which corner is located at the inter- section of the southerly line of the Louisville, Harrods’ Creek and Westport Railway Company’s right of way with the easterly line of the Water Company’s reservoir field, thence eastwardly along said Railway Company’s right of way three hundred and fifty-five and five tenths feet to the westerly line of Water Company’s pipeway to Crescent Hill, thence with the Water Company’s line of said pipeway north thirty-five degrees twenty minutes west one thousand six hundred and fifty-two and seven one-hundredths feet to the northerly line of the Louisville and Oldham Turnpike Road and the southerly line of the Water Company’s engine-house field, thence with the northerly line of said turnpike and the southerly line of the engine-house field south forty-two and one half de- grees west three hundred and sixty-two and seventy- eight one-hundredths feet to the westerly line of the aforesaid engine-house lot, thence with said engine- house north lot thirty-seven degrees fifteen minutes west one thousand five hundred and thirty-three and eighteen one-hundredths feet to low water in the Ohio river, thence up said river north fifty-seven degrees forty-five minutes east eight hundred and fifty-six and sixty-eight one-hundredths feet to the easterly line of the engine- house lot, thence south thirty-seven degrees fifteen min- utes east one thousand three hundred and _ fifty-seven feet to the northerly line of the Louisville and Oldham Turnpike Road, thence with said northerly line south vo cr 26 BOUNDARY AND SUBDIVISION. forty-two and one half degrees west four hundred and forty-six and seventeen one-hundredths feet to the east- erly line of the before mentioned pipeway to Crescent Hill, thence with said pipeway south.thirty-five degrees twenty minutes east six thousand two hundred and ninety- seven and sixty-nine one-hundredths feet north fifty-three degrees forty-seven minutes east five hundred and one and five tenths feet south thirty-six degrees thirteen minutes east one hundred and one and eight one-hundredths feet to the line of the Brownsboro Turnpike road, thence with the line of the Brownsboro Turnpike road north sixty- four degrees twenty-seven minutes east one thousand four hundred and sixty-six and one tenth feet north sixty- six degrees forty-nine minutes east seven hundred and fifty-nine feet north seven degrees five minutes east forty-two feet to the northeasterly corner in the center of the Brownsboro turnpike road, thence south thirty-five degrees thirty minutes east eight hundred and ninety- five feet to the northerly line of Veech’s land, thence with the northerly line of said land south forty-nine degrees forty minutes west three hundred and eight feet, thence with the westerly line of said land south thirty- five degrees ten minutes east two hundred and twelve feet to the northwestwardly line of Arterburn’s land, thence south fifty-four degrees thirty minutes west six hundred and fifty-eight and five tenths feet, thence due south one thousand seven hundred and twenty feet, to the northerly line of the Louisville, Cincinnati and Lexington Rail- way Company’s right of way, thence along the northerly line of said Railway Company’s right of way south eighty- eight degrees forty-nine minutes west one thousand three hundred and twenty-five feet to the southwestwardly corner of the Water Company’s Crescent. Hill tract of land, thence north one degree no minutes west one thou- sand three hundred and sixty-five feet, thence north thirty-five degrees thirty minutes west one thousand and ninety-eight feet to the center of the Brownsboro Turn- pike Road and the northwestwardly corner of the Water Company’s Crescent Hill tract of land, thence with the BOUNDARY AND SUBDIVISION. westerly line of the before mentioned pipeway north thirty-six degrees thirteen minutes west nine hundred and thirty and sixty-three one-hundredths feet, thence south fifty-three degrees forty-seven minutes west four hundred aiid ninety-one and five tenths feet, thence north thirty- five degrees twenty minutes west four thousand five hundred and fifty-seven and four tenths feet, thence south sixty degrees forty-five minutes west three hundred and fifty-six and four tenths feet, to the eastwardly line of the Water Company’s tract of land purchased from Throckmorton and Adams, thence with said tract south thirty-seven degrees fifteen minutes east one thousand four hundred and eighty-three and fifty-four one-hun- dredths feet, to a corner common to the land of Thompson and the Water Company, thence south fifty- one degrees forty-five minutes west one thousand two hundred and fourteen and four tenths feet, thence north thirty-seven degrees fifteen minutes west one thousand two hundred and twenty-five feet, thence north seventy- two degrees fifty-seven minutes west two hundred and forty-two and twenty-two one-hundredths feet, thence north seventy-eight degrees twenty-seven minutes west one hundred and thirty-seven and ninety-four one-hun- dredths feet, thence north eighty-eight degrees forty-two minutes west one hundred and eighteen and eight tenths feet, thence south sixty-nine degrees nine minutes west one hundred and twenty-two and one tenth feet, thence south fifty-six degrees fourteen minutes west two hun- dred and sixty-eight and three tenths feet to the south- easterly point of tract number two, conveyed to the Water Company by Throckmorton and Adams, thence with said tract number two, south forty-four degrees forty-five minutes west one thousand and seventy-three feet, thence south thirty-six degrees forty-five minutes east thirty and forty-seven one-hundredths feet to the southeasterly corner of the tract of land conveyed to the Water Company by James W. Bowles and others, thence south forty-five degrees fifteen minutes west three thou- sand five hundred and two feet, to beginning of a curve 28 Ordinance, approved Nov. 17, 1853. Ordinance, approved April 2, 1868. BOUNDARY AND SUBDIVISION. of six hundred and twenty-nine feet radius two hundred and twenty-seven feet, to a point tangent, thence south twenty-five and one half degrees west two hundred and eighteen feet to the City boundary, thence with said City boundary north thirty-five degrees thirty minutes west ninety-two feet to the beginning. Provided, that this act shall not be construed so as to interfere with the franchises, rights or toll-gates of any turnpike road com- pany embraced therein or in the vicinity. 7. The City is divided into two districts, the Eastern, lying east, and Western, west of the western line of Third Street. 8. The boundaries of the various wards of said City shall be as follows, ov7z: | 9. Hirst Ward.— Commencing at a point in the north- . ern boundary line of The City, where the same would be intersected by the center line of Hancock Street ex- tended, thence southwardly with the center line of Hancock Street to the southern bank of Beargrass Creek, thence eastwardly with said bank of the creek to a point where the same would be intersected by the center line of Wenzel Street extended, thence southwardly with the center line of Wenzel Street extended to the center line of Broadway, thence eastwardly with the center line of Broadway to the center line of the Newburg Road, thence southeastwardly with the center line of the Newburg Road to the line of the City limits, thence northeast- wardly with the line of the City limits, and parallel with the south line of Stewart Avenue extended to a point two hundred and ten feet east of the center line of Beargrass Cutoff, if extended, thence northwardly and parallel with said center line of Beargrass Cutoff to the property of the Kentucky Institute for the Blind, thence with the boundary line thereof (leaving said property inside The City) until it strikes the afore- said line two hundred and ten feet east of and parallel to the center line of Beargrass Cutoff extended ; thence northwardly with said line across the Ohio river BOUNDARY AND SUBDIVISION. to low water mark; thence with the meanders of said river, at low water mark, to the point of beginning. 10. Second Ward.— Commencing on the south bank of Beargrass Creek, where the same would be intersected by the center line of Shelby Street extended ; thence south- wardly with the center line of Shelby Street to the southern limits of The City; thence eastwardly with the line of the southern limits of The City to a point south- wardly of the point where the old boundary line strikes the south fork of Beargrass Creek ; thence northwardly to the point where said old boundary lines strike the south fork of Beargrass Creek, thence with the meanders of said creek to a point two hundred and ten feet southwardly of where Stewart Avenue, if extended, would strike said creek, thence eastwardly, and parallel with the south line of Stewart Avenue ex- tended, to the center line of the Newburg Road, thence northeastwardly with the center line of the New- burg Road, and thence with the line of the western boundary of the First Ward to Beargrass Creek, thence westwardly and with the boundary lines of the First Ward to the point of beginning. 11. Third Ward.—Commencing on the south bank of Beargrass Creek, where the same would be intersected by the center line of Shelby Street, thence southwardly with the center line of Shelby Street to the southern limits of The City, thence westwardly with the line of said City limits to the center line of Hancock Street extended, thence northwardly with the center line of Hancock Street to Beargrass Creek, thence eastwardly with said creek to the point of beginning. 12. HYourth Ward.— Bounded on the north by the line of the City limits, on the east by the center line of Hancock Street, on the south by the line of the City limits, and on the west by the center line of Preston Street. 13. Lifth Ward.— Bounded on the north by the line of the City limits, on the east by the center line of Preston Street, on the south by the line of the City limits, and on the west by the center line of First Street. 29 30 BOUNDARY AND SUBDIVISION. 14. Sizth Ward.—Commencing at a point in the northern boundary line of The City, where the same would be intersected by the center line of First Street extended, thence southwardly with the center line of First Street extended till it strikes a southern boundary line of The City, thence westwardly with said southern boundary line to a point two hundred and ten feet east of Second Street, thence southwardly with the boundary line of The City, and including the House of Refuge lands, to the point where the southern boundary line south of the House of Refuge intersects the center line of Third Street extended, thence with the center line of Third Street northwardly till it strikes the northern boundary line of The City, thence with said northern boundary line eastwardly to the point of beginning. 15. Seventh Ward.—Commencing at a point in the northern boundary line of The City, where the same is intersected by the western boundary line of the Sixth Ward, thence southwardly with said western line of the Sixth Ward till it strikes the southern boundary line of The City, thence with said southern boundary line west- wardly to a point two hundred and ten feet west of Third Street, thence northwardly with a boundary line of The City till it intersects a City boundary line running parallel with and two hundred and ten feet south of the south line of Shipp Avenue, thence westwardly with said boundary line running parallel with Shipp Avenue, till it intersects the center line of Fifth Street extended, thence northwardly with the center line of Fifth Street till it intersects the northern boundary line of The City, thence eastwardly with said northern boundary line to the point of beginning. 16. Highth Ward.— Commencing at a point in the northern boundary line of The City, where the same would be intersected by the western boundary line of the Seventh Ward, thence with said western boundary line of the Seventh Ward southwardly till it strikes the southern boundary line of The City, thence westwardly BOUNDARY AND SUBDIVISION. with said southern boundary line till it intersects the center line of the Oakland Plank Road running from Seventh Street, thence northwardly with the center line of the Oakland Plank Road on Seventh Street extended till it strikes the northern boundary line of The City, thence eastwardly with said northern boundary line to the point of beginning. 17. Ninth Ward.—Commencing at a point in the northern boundary line of The City where the same would be intersected by the western boundary line of the Eighth Ward, thence with said western boundary of the Eighth Ward southwardly till it strikes the southern boundary line of The City, thence westwardly with said southern boundary line to a point two hundred and ten feet west of Seventh Street or the Oakland Plank Road, thence northwardly with The City’s boundary line running parallel with Seventh Street or the Oakland Road to the south line of Oakland Avenue, thence westwardly with the south line of Oakland Avenue to a point where the same would be intersected by the center line of Tenth Street extended, thence northwardly with the center line of Tenth Street extended till it strikes the northern boundary line of The City, thence eastwardly with said northern boundary line to the point of beginning. 18. Zenth Ward.—Bounded on the north by the line of the City limits, on the east by the western boundary line of the Ninth Ward, on the south by the line of the City limits, and on the west by the center line of Four- teenth or St. Louis Street. 19. Hleventh Ward.—Beginning at a point in the northern boundary of The City where it would be inter- sected by the center line of Fourteenth or St. Louis Street extended, thence southwardly with said center line of Fourteenth or St. Louis Street extended to the City limits, thence with the line of the City limits west- wardly to a point where the same would be intersected by Twenty-first Street extended, thence northwardly with the center line of Twenty-first Street extended to the 32 BOUNDARY AND SUBDIVISION. . center line of Portland Avenue, thence with the center line of said Avenue eastwardly to the center line of Bridge Street, thence with the center line of Bridge Street extended to the northern limits of The City, thence with said northern limits eastwardly to the point of beginning. 20. Twelfth Ward.—Beginning at the northwest corner of the town of Portland, thence southwardly with the west line of Portland to a point two hundred and ten feet south of a south line of Bank Street, thence eastwardly and parallel with Bank Street to a point eight hundred feet west of the west line of the Shippingport Road, thence southwardly and _ parallel with said road to the south line of Jefferson Street, thence eastwardly with the south line of Jefferson Street to the west line of the Shippingport Road, thence southwardly with said road to the south line of Oakland Avenue ex- tended, thence eastwardly with the south line of Oakland Avenue extended to a point where the same would inter- sect the center line of Twenty-first Street extended, thence northwardly with the center line of Twenty-first Street extended to the center line of Portland Avenue, thence with the center line of said Avenue eastwardly to the center line of Bridge Street, thence with the center line of Bridge Street extended to the northern limits of The City, thence with said northern boundary line west- wardly to the point of beginning. bes See BRIDGES AND FERRIES— PoLICE—SEWAGE AND DRAINAGE— ScHOOLS—TAXATION. CHAPTER: VI. BRIDGES AND FERRIES. CON BN aS 1. Bridges across the Ohio river; penalty for destroying. 2. Penalty for injuring bridges and approaches, obstructing passage, ete. 3. Penalty for destroying or defac- ing signs, notices, placards, ete. 4. Penalty for refusal to pay toll. 5. Fast riding and driving over bridges. 6. Traffic in commutation tickets prohibited. 7. Imposition, collection and dis- posal of fines. 8. The jurisdiction over ferries in Jefferson County and within the cor- porate limits transferred to The City. 9. The North and South Ferry Company. 10. Right of appeal from The City’s determination. 11. The Louisville Bridge Company incorporated. 12. Corporate rights, powers, and privileges. 13. May construct railways and fix and collect tolls. 14. Reenactment and application of Section 10 of “An act to incor- porate the Ohio Bridge Company.” 15. Capital stock. 16. May borrow money. 17. May make by-laws. 18. Directors. 19. First board of directors. 20. Elections of directors. 21. The act a public act. 22. The charter of the Company revived. 3 23. The Company may contract with railroad companies. 24. May let by contract the use ot its bridge to railroad companies. 25. May issue bonds and mortgage its property. 26. Purchasers under the mortgage may operate the bridge under its charter name. 27. Railroad stockholders. 28. The Kentucky and Indiana Bridge Company incorporated. companies may be 29. Corporate powers. 30. Method of condemnation pre- scribed. 31. Powers of the Company in the building and operation of the bridge. 32. May borrow money, mortgage its property and franchises, and issue bonds, 33. Capital stock. 34. Board of directors. 35. Powers to contract. 36. Stocksubscription and the com- mencement of business. 37. The Company given additional powers and privileges; may consoli- date with other companies, issue bonds, ete. 38. Right of way granted by The City. 39. Regulation of the location and construction of piers, abutments, and approaches. 40. Thegrant conditioned upon the completion of the bridge within five years. 34 BRIDGES AND FERRIES. An act to protect bridges across the Ohio POV ers) LAY proved Mar. 4, 1867. 41. Rate of speed of cars and loco- motives. 42. Right to lay railroad tracks down Canal Street. 43. The Louisville and Jefferson- ville Bridge Company incorporated. 53. The Jefferson Ferry Company. 54. Rights, privileges and powers. 55. Capital stock; board of direc- tors. 56. The franchise limited to twenty years. 57. The Portland and New Albany Ferry Company incorporated. 58. Capital stock. 59. Directors. 44. Corporate powers. 45. Method of condemnation pre- scribed. 46. Powers of the Company in the building and operation of the bridge. 60. The first directors. 47. May borrow money, mortgage 61. Officers. its property and franchises, and issue 62. By-laws. bonds. 48. Capital stock. 49, Board of directors. 63. Power to purchase of others; rights and privileges. 64. May accept certain property in payment for stock. 65. Power to issue bonds. 66. Power to consolidate, sell, lease its powers, franchises, etc. 67. 50. Corporations and companies which may become stockholders. 51. Stock subscriptions and_ the or commencement of business. 52. Condition of the franchise. Amendments. 1. If any person shall willfully burn or otherwise de- stroy, or willfully attempt to burn or destroy any toll- bridge or any part thereof, erected, or that may be erected across the Ohio river, within this commonwealth, in whole or in part, he shall be deemed guilty of felony, and shall be imprisoned in the penitentiary not less than five nor more than twenty years 2. If any person shall willfully injure such bridge or any part thereof, or the approaches thereto} or without authority take up or remove the paving or any part of it, or the planks in the bridge floor, or the tracks or rails, or place any obstructions upon the bridge or upon the approaches, or willfully impede any foot-passenger or vehicle, or stock in crossing such bridge, without the assent, or contrary to the rules of the company or owner of such bridge, or the keeper thereof, he shall be deemed cuilty of a misdemeanor, and shall be fined at the dis- cretion of a jury, and imprisoned in the county jail not exceeding one year. 3. If any person shall willfully destroy or deface any sign, notice, card, or table of rules or rates posted and BRIDGES AND FERRIES. put up at said bridge by the company, owner, or keeper, for the information of the public, or shall, without right or authority, alter, take down, or remove the same, he shall be fined not less than ten nor more than fifty dollars before the mayor or police judge of a city, county judge or justice of the peace, and shall be imprisoned till the fine be paid. 4. If any person shall, with the intent to defraud the company or owner of such bridge, fail or refuse to pay the toll required when crossing, or shall attempt to evade the payment thereof, he shall be fined from five to ten dollars. 9. If any person shall ride or drive any team, or will- fully drive any stock across or upon said bridge, at a gait faster than a walk, such person shall, upon conviction before a justice of the peace or police judge, be fined from five to ten dollars. 6. When any company or owner of such bridge shall issue and sell tickets in commutation of fare, for the convenience of, and to favor the public and those who frequently cross such bridge, or shall sell packages of tickets at a reduced rate below single fares, it shall not be lawful for any person to make traffic of the same, nor to resell such tickets at the same or at a less rate than the company charges for single fares; and any person violating this Section shall be fined from five to ten dollars for each offense. 7. All fines imposed by virtue of this act, in amounts less than one hundred dollars, shall be imposed and en- forced as provided in Section 3, shall be prosecuted for in the name of the commonwealth, and shall be for the use of the common school fund of the city or town in which such bridge shall be located. 8. The County Court of Jefferson County shall not have power or authority to establish ferries within the limits of The City of Louisville, or to fix or control the rates of ferriage, or in any manner regulate said ferries or their tolls; and the power and authority to establish ferries ARLACt~ to regulate the es- tablishment of ferries in Jef- ferson County. Approved Feb. 22, 1865. BRIDGES AND FERRIES. within the limits of The City of Louisville are hereby granted to and invested in said City, for its benefit; the Mayor and General Council of which City shall have power not only to establish said ferries, but to regulate and control the same, and fix the maximum rates of ferriage to be charged and collected by any and all ferries run- ning within the limits of said City, and to prescribe | adequate fines and penalties to enforce the same, and to force a compliance with the regulations established by the General Council; and said General Council may levy and collect such ad valorem tax, or may rate and license and tax said ferries, as said Council may deem reasonable and proper ;! Provided, however, 9. The City of Louisville shall establish, in favor of Wm. C. Hite, P. Varble, Richard H. Woolfolk, and Wm. J. May, under the style and name of the ‘‘ North and South Ferry Company,” on their application to said City, a ferry privilege, at such point on the Ohio river, between Fioyd and Clay streets in said City, as may now be owned or may hereafter be owned or leased by said North and South Ferry Company, or may establish any other company applying for similar privileges within The City of Louisville, to be governed by the rules and regulations provided for in this act and laws regulating ferries; Provided, That the landing be not within four hundred yards of any ferry existing at the time of said 1 Running an unlicensed ferry within one mile of a ferry established by law is an actionable wrong against the proprietor of such lawful ferry.— Owens v. Roberts, 6 Bush, 60S. _The power of Congress to regulate commerce between the states does not interfere with the right of a state to legislate on questions which concern its own particular interests and those of its citizens, as in ferries etc., where Congress has not legislated.— City of Newport v. Taylor's Eat rs, 16 B. Mon., 699. And, the power of the states to regulate ferries and grant ferry franchises where a navigable stream divides two states can not be questioned; at least, unless Congress shall legislate upon the partic- ular question.— Jb. Nointention has been manifested by Congress to assume control of ferries.—Jb.; and Reeves v. Little, 7 Bush, 469. Kentucky ferry- men are not bound to transport persons or things from the opposite shore to Kentucky, nor are they subject to penalty for refusing to do so.— Ib.; Ken- nedy v. City of Covington, 17 B. Mon., 567. BRIDGES AND FERRIES. application. If the persons hereinbefore named do not make said application for a ferry privilege within thirty days from the passage of this act, then either of said persons, with his associates, may make said application to the authorities of said City for said ferry privilege ; And provided, further, 10. If the City Council of Louisville refuse or over- rule applications, an appeal may be taken by the appli- cants to the Circuit Court of Jefferson County, which may hear and determine the case as fully as the City authorities of Louisville could do; and to enforce the determination, by process of contempt against the Mayor and Council of Louisville, the parties shall have the right of appeal to the Court of Appeals from the judgments of the Circuit Court; Provided, that when any person or persons owning or entitled to any portion of the land on the shore of the Ohio river, in The City of Louisville, shall desire to establish a ferry therefrom across said river, such person or persons may apply to the County Court of Jefferson County for the establishment of such ferry; and such application shall, in all respects, be governed by the general laws relating to the subject of ferries. 11. Thomas W. Gibson, L. A. Whiteley, Joshua F. Bullitt, Joseph Davis Smith, and David T. Monsarrat, and their successors and assigns, are hereby constituted and declared a body corporate, under the name and style of the Louisville Bridge Company; and by that name and style they are hereby invested with all the powers incident to corporations. 12. Said Company are hereby invested with all the rights, powers, and privileges necessary for the con- struction of, and they shall be and they are hereby authorized and empowered to construct a bridge across the Ohio river, extending from some convenient point within the corporate limits of The City of Louisville to some convenient point on the Indiana side of said river opposite to The City of Louisville, and also to purchase An act to in- corporate the Louisville Bridge Com- pany. Ap- proved Mar. 10, 1856. 38 BRIDGES AND FERRIES. $ or condemn by writ of ad guod damnum, and hold as much real estate as may be necessary for the site of said bridge, or the sites for the piers, abutments, tollhouses, and suitable avenues leading to the same, and such other lands as may be necessary; Provided, that said bridge shall be constructed so as not to obstruct navigation, further than the laws of the United States and the decis- ions of the Supreme Court of the United States shall hold to be legal. 13. Said Company may extend a railway over said bridge, with as many sets of tracks as may be deemed expedient, and shall have the right to fix reasonable rates of tolls for passing over said bridge, and to collect the same from all and every person or persons passing thereon, and upon all goods and chattels, vehicles, and animals passing thereon, or carried thereon, of every kind and description; and for this purpose toll-gates may be erected at each or either end of said bridge; and the rates of toll shall be posted up in some conspicuous place where toll is demanded. 14, All the provisions of Section 10 of an act passed by the General Assembly of this commonwealth, and ap- proved January 29, 1829, entitled ‘‘An act to incorporate the Ohio Bridge Company,” are hereby reenacted as to and made to apply to the bridge herein provided to be constructed, and are hereby declared to be in full force and effect as to said bridge. 15. The capital stock of said Company shall be one million five hundred thousand dollars, to be divided into shares of twenty-five dollars each. The manner of sub- scription and time of payment to be regulated by the by-laws of said Company; and said Company may receive real estate in payment of subscriptions of stock, and may hold and dispose of such real estate. 16. Said Company shall have power to borrow money on such terms, at such rates of interest, for such times, in such places, and to such amounts as the president and BRIDGES AND FERRIES. — directors thereof shall deem: expedient, and may exe- cute such evidences of indebtedness as may be deemed proper, and may pledge the profits, franchises, rights, and credit of the corporation as security for any loans, liabilities, or contracts which they may make; and all bonds issued and made by said Company for the purposes aforesaid, shall be binding and obligatory upon such Company, and may be hypothecated or sold by said Company at such rates of discount as the president and directors thereof shall deem expedient. 17. The president and directors of said Company shall have power to make all necessary by-laws, and regulate by by-laws and rules all matters not specially provided for herein; Provided, said by-laws and rules are not in- consistent with law. 18. The business of said Company shall be conducted by five directors, who shall, of their number, elect a president, and shall elect or appoint such other officers and agents as the by-laws shall prescribe. 19. The persons named in the first Section of this Act shall be such directors until their successors shall be elected and qualified; and should any of said persons decline to serve, the vacancy may be filled by some other person appointed and selected by those serving as such directors. 20. An election for directors of said Company shall be held on the first Monday in January of each year, at such place and under such regulations as may be pre- scribed by the by-laws of said Company. 21. This act shall be taken to be, and is hereby declared to be a public act, and shall bein force from and after the first day of March, 1856. ? 2The City Council of Newport had authority to authorize the Newport and Cincinnati Bridge Company to construct a bridge and superstructure across the Ohio river from Newport to Cincinnati, so as to extend one of the streets of Newport across the river to Cincinnati; and also to authorize said Company to grade and elevate the streets and avenues approaching the 39 40 An act to in- corporate the Louisville Bridge Com- pany. Ap- proved Feb. 19, 1862. BRIDGES AND FERRIES. 22. The charter of the Louisville Bridge Company, ap- proved the tenth of March, 1856, is revived and confirmed to James Guthrie, D. Ricketts, —— Ellery, and their associates, as successors to the persons named in the charter, and they are vested with all power and rights conferred by the charter, and they shall constitute a board of directors for the management and control thereof, and shall continue in office until their successors are elected and accept, in accordance with the by-laws the stockholders may adopt. 23. Said Bridge Company shall have .authority to bridge, and to elevate the center of one of the streets, and protecting such elevation by stone walls and iron railings, so as to permit railway cars to pass from the street over such elevation to the bridge, sufficient space being left on either side of such elevation to permit wagons and carriages to pass two abreast between it and the side-walks, and without obstructing light, air, or passway to or from the adjacent lots. In this case the owners of the adja- cent lots have no right of action to recover for any consequential damages to such lots, resulting from such elevation or grading of the streets. — Newport and Cincinnati Bridge Co., v. Foote and others, 9 Bush, 264. Although cor- porations created by one state can exercise no corporate powers within the limits of another state without the consent of the latter, when that consent is obtained the fact that an amendment to the charter of the corporation by the state creating it is in conflict with some law or constitutional provision of the state licensing the corporation to exercise certain powers within its limits, can not destroy the validity of the amendment.— City of Covington v. Covington and Cincinnati Bridge Co., 10 Bush, 69. The legislature of Ken- tucky incorporated a company with the usual corporate powers, the subject of which was the erection of a bridge across the Ohio river at Covington, but withheld the power of organization until the Ohio legislature should confirm the act of incorporation, which was afterwards done; held, that the State of Kentucky had the power to create such corporation, with the right to exercise in this State any powers not in violation of the state or federal constitutions, and it was essentially a Kentucky corporation. A corporation can not have two domiciles at the same time; it obtains a residence not by its own act but by the legislative authority which fixes the requisites of resi- dence. — Newport and Cincinnati Bridge Co. v. Woolley, 78 Ky., 523. A bridge company incorporated and established by the legislature of Ohio was properly sued as a non-resident; each of the corporations, i. e., the Newport and Cin- cinnati Bridge Company established by the laws of Ohio, and the same Company established by the statute of Kentucky, are agents for each other, and each is bound by the act of the other in the transaction of their common business.— Ib. A bridge is not excluded by a ferry franchise unless it prove a physical obstruction to the operation of the ferry.— Piatt and others v. Covington and Cincinnati Bridge Co., 8 Bush, 31. BRIDGES AND FERRIES. contract with any railroad company incorporated under the laws of the State of Kentucky, or any other state of the United States, to warrant the annual profits of the bridge to be built by said Company shall be equal to the expense of keeping the bridge in repair, and of its operation ; and that the net earnings shall be equal to six per cent. on a cost of one million dollars. 24. Said Bridge Company shall have the right to contract at an agreed sum or rate with any railroad company chartered by the State of Kentucky, or any other state of the United States, for the annual use of said bridge by the cars, or for the purposes of said rail- road company. 20. Said Bridge Company shall have power and author- ity to raise, on seven per cent. coupon bonds, eighty-five per cent. of the cost of said bridge, and secure the same by mortgage on said bridge and the chartered franchises of the Company, and provide in the mortgage that if the bridge, land, and franchises shall be sold under the mort- gage, that the purchasers shall be the successors of the Bridge Company, and entitled to all benefits, rights, and privileges of the charter. 26. It shall be jiawful for such purchasers, and their associates, to own and operate said bridge under the charter by the name of the Louisville Bridge Company, or any other name they may select. 27. Any railroad company incorporated by the com- monwealth of Kentucky may lawfully subscribe to the stock, or make the guaranties and agreements authorized by the preceding sections of this act, when authorized by the stockholders at some general meeting. 28. Bennett H. Young, St. John Boyle, Bluford Wilson, Charles Godshaw, E. F. Trabue, and their successors and associates, are hereby constituted and declared a body corporate forever, under the name of the Kentucky and Indiana Bridge Company; with power to sue and be sued, 41 An act to in- corporate the Kentucky and Indiana Bridge Company. Ap- proved April 1, 1880. 42 BRIDGES AND FERRIES. contract and be contracted with, and with all other powers, rights, and privileges incident to corporations. 29. Said Kentucky and Indiana Bridge Company is hereby empowered to locate, build, construct, and maintain, under the laws of the United States, a bridge for railway, wagon, street railway, and all other pur- poses, between the cities of Louisville, Kentucky, and New Albany, in the State of Indiana, from any con- venient and accessible point within the limits of The City of Louisville, or within one mile thereof, to: any point in the city of New Albany, Indiana, or within one mile thereof, and may, if desired, cross over Sand Island, or any bar above or below said Island ; and said Company is hereby clothed with all the powers, privileges, rights, and franchises necessary for the carrying out the pur- poses named herein; and is empowered to purchase, lease, or condemn all the real estate that may be neces- sary for the purposes of said corporation, whether for piers, approaches, tracks, tollhouses, or approaches lead- ing to the same, and shall have all rights and powers for the condemnation of property as may be necessary and requisite to secure the purposes of this act. 30. Whenever said Company shall desire to condemn any property for the purposes named in this act, within the County of Jefferson, the said Company shall file a petition in the Lousville Chancery Court or Jefferson Court of Common Pleas; and such proceedings shall be carried on, aS near as may be, as actions at law by ordi- nary proceedings. Warning orders against non-residents, absent defendants, or unknown owners of property, must be published three times in one of the daily papers pub- lished in Louisville, the last publication at least ten days before the trial. The owners of distinct parts of one contiguous tract may all be included in one proceeding, or any one or more of them holding contiguous tracts may be proceeded against in a separate action. These causes shall be tried by juries, as other cases are tried in said courts, and shall have precedence upon the docket BRIDGES AND FERRIES. as soon as the parties are before the court and the issues are made up. The jurors shall be sworn truly and im- partially to ascertain and determine, by their verdict, the amount of compensation each owner will be entitled to if his land or property described in the petition is condemned. The court in which these proceedings are brought shall have power to assign a day for the trial of the case as soon as the petition is filed; and upon the return of the verdict, the court shall enter judgment, vesting title to the property described in said corpora- tion, said judgment to take effect upon the payment into the court by the said corporation of the amount of money named in the verdict. If the said amount so named in the verdict shall not be paid within thirty days from the rendering of said judgement, the said proceedings shall be dismissed without predjudice to any subsequent pro- ceeding. 31. Said corporation shall have the power to lay down on said bridge a single or double track for railroad cars or street cars, or for wagons or other vehicles, and all animals, and to erect foot-ways for passengers, and to charge for the use thereof reasonable tolls; and for said purpose may erect, on either or both sides of said bridge, toll- gates, and may do all other acts or things necessary for collecting the charges for the use of said bridge; and may also run any line of railways through The City of Louisville, in such terms as may be prescribed by ordi- nance of said City of Louisville, or along any street or alley, to connect with any railroad bridge, transfer com- pany, or depot; and shall have the right to operate or lease said connecting line or lines, and may charge a reasonable compensation for the use of the same. 32. Said corporation is empowered to borrow any money for the purposes named in this act, and to pledge its property and franchises to secure the payment of the same, and to issue bonds in any amount, not exceeding fifteen hundred thousand dollars, its stockholders may determine, and secure the same by a mortgage. or 44. BRIDGES AND FERRIES. mortgages upon all its property and franchises of every kind; and said bonds may bear any rate of interest not more than six per cent.,run any time, and be made payable at any place the board of directors of said corporation may deem proper; and may be sold or disposed of as said board may direct. 33. The capital stock of said corporation shall be one million five hundred thousand dollars, or any less sum the stockholders may fix, and shall be divided into shares of one hundred dollars each, and be made payable at such time and in such manner as the board of directors of said Company may require. 34. The affairs of said corporation shall be under the control and management of a board of directors, com- posed of not less than five nor more than eleven stock- holders, chosen at an annual meeting to be held on the first Monday in March of each and every year, in The City of Louisville, who shall hold office until their suc- cessors are elected and qualified; and in case of a va- cancy, said board shall fill the same until the next meeting of the stockholders. Said directors, from among their number, shall choose a president, vice president, and secretary, and may elect any other officers they deem requisite for the management of the business of the cor- poration, and may prescribe their duties, and require bonds for the faithful performance of the same; and may make all by-laws and regulations for the govern- ment of said corporation and its officers and employes. 39. Said corporation may contract with any railroad company, in or out of the State, for the use of said bridge © by its cars and engines, or for other purposes; and any railroad or street railway, or person or municipal corpor- ation, in or out of this State, may subscribe for the capi- tal stock of said corporation, wpon any terms or condi- tions agreed upon; and may make such contracts or agreements as may be deemed expedient for -the use; management, or control of said bridge. 36. The incorporators named herein, or a majority of BRIDGES AND FERRIES. them, may meet at any place in The City of Louisville, and open books for subscriptions for stock ; and when- ever three hundred shares of the capital stock shall have been subscribed for, the subscribers, upon ten days’ notice of the time and place of meeting, published in some Louisville paper, shall meet and elect a board of directors ; and said corporation shall then be entitled to commence business. This act is hereby declared a public act. j 37. The Kentucky and Indiana Bridge Company is hereby authorized and empowered to have and exercise in the State of Indiana all the rights, powers, facilities, franchises, and privileges contained in and conferred by an act of the General Assembly of the State of Indiana, approved April 9,:-1881, and entitled ‘‘An act supple- mental to an act entitled an act providing for the incor- poration of companies formed for the purposes of con- structing bridges for railway or common roadway pur- poses, or both, over rivers and streams forming the boundaries of the State of Indiana as a part thereof,’’ approved March 2, 1875; and also the rights, powers, facilities, franchises, and privileges contained in and con- ferred by the act to which the said entitled act is supple- mental, so far as the same may under the laws of said State be had and exercised by said Company. And said Kentucky and Indiana Bridge Company is authorized and empowered to consolidate with any bridge company organized under the laws of the State of Indiana for the purposes of building a bridge or bridges in connection with the said Kentucky and Indiana Bridge Company, or across the Ohio river between the cities of Louisville and New Albany. And any such consolidation made or hereafter made, is hereby approved, ratified, and con- firmed, and said Kentucky and Indiana Bridge Company is authorized to contract with or construct any railway or terminal line either in Kentucky or in the said State of Indiana which may be necessary for completing its terminal facilities, and may bond the same, or may pn or An act to amend an act entitled an act to incorporate the Kentucky and Indiana Bridge Com- pany. 9. Erectio 1 removal of woode 3. Duties of the Engineer before J, Krection and removal of wooden : : : 1 1 es res rj +6 be i i approving an application. buildings restricted | aun yk 10. Unsafe and dangerous buildings declared to be abatable public nui- sances. 4. Grievances. 5. Issuance of permits and register of applications and permits. : ee Pea I 11. Steps preliminary to abatement 6. Regulations as to occupancy of | of such a nuisance. public streets for building purposes. 12. Abatement'under order of court; 7. Inspections by the Engineer. costs of the work of abating. 1. Hereafter, it shall be unlawful for any person or company to have any house or other building erected within the limits of The City of Louisville without first obtaining a permit for that purpose, as hereinafter pro- vided; or to occupy any portion of the public streets, alleys, or sidewalks by building materials, without first obtaining a permit for that purpose, as hereinafter pro- vided. 2. Any person designing to have a house or other building erected within said City, or to have one altered or enlarged to the extent indicated in Section 1, shall make a written application for a permit to the City Engineer, filled out on a printed form to be furnished by The City; which application shall set forth the exact location where it is proposed to erect the building, the estimated cost for same and estimated time for comple- tion, the dimensions of the building and material to be BUILDINGS. used in its construction, the thickness of the outer walls, and the plan of the building in general terms. Or if the application is for a permit to alter and enlarge a build- ing, the said application shall set forth the character of the proposed alteration or enlargement, and state the thiekness of any walls to be demolished or erected. , 3. Upon receiving such application the City Engineer, or an assistant designated by him, shall inspect the loca- tion named, and if satisfied that the proposed building will be of suitable strength and constructed with due provision to avoid against the ordinary risk of taking fire, or if satisfied that the proposed alteration or enlarge- ment will not dangerously weaken the building, or unduly expose it to the risk of fire, he shall approve the application and transmit it as hereinafter directed ; pro- vided, however, that the provisions of this ordinance shall not be so construed as to prevent the proper con- struction of buildings out of stone, brick, metal, or wooden materials, under the provisions of the City charter and the ordinance approved March 25, 1871. 4 4. If the City Engineer shall withhold his approval of an application after five days have elapsed from the time he received the same, the party making the appli- cation may, if he decline altering his plans to conform to such directions as said Engineer may consider neces- sary for the public welfare, bring the matter as a grievance before the Mayor, and the said Mayor shall then deter- mine whether the party shall have the permit or not; and if decided in the affirmative the said Engineer shall immediately note the action of said Mayor upon the application, and transmit the same as if approved by him. : 9. Upon a permit’s being authorized by the Mayor, as provided in Section 4 of this ordinance, or upon the approval of an application by the City Engineer, the 1Section 9, following. or oe) BUILDINGS. latter shall transmit the application to the office of the Mayor without delay, when a permit shall be issued to the applicant. And in said Mayor's office there shall be kept a book in which shall be registered the date of the reception of the application at the Engineer's office, a description of the building as to its location, proposed dimensions and cost, and the date of the issue of the permit; and a separate book in which shall be registered similar information relating to the alteration and repair of buildings. 6. Upon receiving a permit the party intending to build shall, if the street be not graded in front of the proposed building, obtain the proposed grade from the City Engineer’s office. The portion of any public street which may be occupied by the material necessary for a building in course of construction shall not exceed in extent the dimensions of the,front of the premises being built upon and twenty-five feet in addition thereto, and not exceeding one third of the street in breadth; and such occupation of a public street shall not be prolonged to what may be, in the judgment of the City Engineer, an unreasonable or unnecessary period; provided, that a sufficient passage or cartway shall at all times be left unencumbered between said building materials and the opposite curbstone for the passage of vehicles; and provided further, that no building materials shall be placed within four feet of any fire-cistern, fire-plug, pump, or footway crossing, or within twelve inches of any curbstone. It is hereby made the duty of the Chief of Police to prosecute any violation or avoidance of the requirement and true intent of this Section, after he shall have given twenty-four hours’ notice to any master- builder employed on the building, or to the owner thereof, should such warning be unheeded and the offense unre- ‘paired. 7. The City Engineer, or an assistant designated by him, shall examine the premises during the erection or alteration of buildings as often as he may deem necessary, BUILDINGS. to see that the buildings are erected or altered according to the application upon which the permit has been issued. 8. Any person violating the requirements of this ordi- - nance, by proceeding to erect, or alter or enlarge a build- ing within the limits of said City, or permitting the same to be done upon any lot of ground owned or leased by him, without having first obtained a permit as herein intended and required, and any person who shall take charge of or direct the work of such erection, alteration, or enlargement, without a permit’s having been issued as herein required, or who shall occupy more of a public street for building materials than is herein permitted, shall be deemed guilty of a misdemeanor, and on convic- tion of the same, as aforesaid, shall be fined not less than five, nor more than twenty dollars in the first place, and five dollars additional for each day that the offense is continued. 9. Hereafter no building, the outer walls of which are constructed in whole or in part of wood, shall be erected in The City of Louisville so as to endanger by fire any permanent building. No wooden building shall be removed to any point within The City whereby a perma- nent building may be endangered by fire. Any person violating the provisions of this ordinance shall be fined twenty dollars for each day’s offense. 10. Any building, block of buildings, or parts of build- ings, situated and fronting upon any of the streets or alleys of said City, which are now or may hereafter become unsafe or dangerous to the lives or bodies of persons passing along such streets or alleys, or to other adjacent houses or other property, are hereby declared to be public nuisances, and may be abated as hereinafter provided. 11. It shall be the duty of the Mayor, upon receiving information of the existence of any such nuisances as are described in the preceding Section, to give notice thereof to the City Attorney, whose duty it shall be to or Ped oO Ordinance, approved Mar. 200 LSet: Ordinance, approved Mar. 24, 1856. 60 BUILDINGS. move the City Court of said City for an order to abate such nuisance, and thereupon said court shall order a summons to issue against the owner or owners of the property, returnable within such time as the court may deem reasonable, requiring him or them to appear’ and show cause, if any he can, why such nuisance shall not be abated; and if he fail to appear upon the return day of the summons, or appearing shall not show any good cause why such nuisance shall not be abated, then said court shall proceed to hear proof of the facts in relation to such property, and if the court shall become satisfied that a nuisance does exist, it shall then order the owner or owners to abate and remove the nuisance within a reasonable time thereafter; and upon his or their failing to do so by the day fixed by the court, the Mayor shall, in the name of said City, contract with some suitable person or persons to abate and remove such nuisance at the cost of the owner or owners of the property, as provided in Section 18, Article 7, of the City charter. ? 12. The owner or owners of such property shall have at least three days’ notice before the trial of the motion herein provided for, by the execution of the summons upon him, if a resident of said City or of Jefferson County; but if he or they be non-residents of said county, then such notice in writing as the court shall deem reasonable shall be given by the Mayor by letter ; provided, however, that if the court, upon proof by affidavit or otherwise, made at the time of the making of the motion, shall be satisfied that the danger from 2Section 18, Article I, of the charter of 1851, is as follows: “The General Council shall have power to pass ordinances to compel the abatement and remoyal of nuisances existing within said City by the owners of property on which said nuisance exists, or to provide by ordinance for the removal and abatement of any and all such nuisances at the cost of the owner or owners of property on which the same may exist, and a lien is hereby created for such cost of abatement and removal on the property on which it existed, and the amount of such cost may be enforced as liens for grading and paving under this charter.” BUILDINGS. such nuisance is imminent and requires instant action, the court shall order the Mayor either to have the nuisance abated by contract as before provided, or else to order the City Engineer to employ a sufficient number of hands, and with them to abate the nuisance at once, and the General Council shall afterwards provide means to pay the cost of the same out of the City treasury, and the Assistant City Attorney shall forthwith commence pro- ceedings to recover the cost thereof from the owners of the property. GEN- Bas" See City ATTORNEY — Courts oF Law — ENGINEER— FIRE ERAL CounciIL— Mayror— PuBLic Ways. 3A city can not burden the property of a citizen with the cost of abating a nuisance, without a judicial hearing and judgment as to its existence, as the citizen is entitled to the opportunity to abate the nuisance at his own expense, even if the existence of the same be conceded.— Joyce v. Woods, Court of Appeals, Nov. 23, 1882, unreported. 61 ChE ACE HL eny eles BURIALS AND BURYING-PLACKS. CONTE NaS 1. Burial permits. 2. Sextons to keep the permits on file. Fine for violation of the law concerning permits. 4. The City Cemeteries. 5. Fine for injuring tombstones, ae monuments, inclosures, etc. . Fine for causing the digging of a grave within a prescribed district. 7. Sextons of cemeteries and their oath of office. 8. General duties. 9. Weekly reports. 0. Tariff of fees. 11. Admission and behavior ot visi- tors to cemeteries. 12. Fines for offenses. 13. Sexton of the .Portland Ceme- tery. 14. Compensation. 162 he Siirst ottice. 16. Monthly reports to the; Health irae Conveyance of lands by The City to the trustees of Cave Hill Cemetery. 18. Fine for injuring tombstones, etc.,in Cave Hill Cemetery. incumbent of the 19. Fine for violating the by-laws of Cave Hill Cemetery. 20. Collected fines to go to the bene- fit of the Cemetery Company. 21. Repealer of previous ordinances. 22. The Cave Hill Cemetery Com- pany incorporated. 23. The City’s right and power to convey lands to the ' Company. 24. Managers. 25. Duties of managers. 26. Proceeds of sales of lots; applied. 27. No street shall be extended through the Cemetery grounds. how 28. Penal ordinances for the pro- tection of the Cemetery. 29. Qualification of president or manager of the Cemetery. 30. Lotholders shall elect four and The City five managers. 31. The right and power of The City to donate and convey lands to the Company and the Company’s ability to acquire the same. 32. All lands acquired by the Com- pany to be used for cemetery pur- poses, 33. One tenth of the proceeds of sales of lots to be paid to the Cave Hill Investment Company. 34. Payments to be instead of and in leu of payments formerly re- quired. 35. The act to be accepted by the Council and by the lotholders. 36. Restriction as to ownership of lots. 37. Ownership by inheritance. 388. The Cave Hill Company incorporated. 39. Directors. 40. Officers. Investment BURIALS AND BURYING-PLACES. 41. Authority to receive certain funds, ete. 42, Investments. 43. Purposes for which funds and incomes are to be held and applied. 48. Discontinuance and_ partition of the West Louisville Cemetery provided for. 49, Procedure to be by suit in chancery. 44, Semi-annual reports of direc- rn : Ay ‘ } I 50. The lot owned by Mary Whip- sree Resieois ple to be excluded from the judg- rope Mae _ | ment. 46. Penalty in the treasurer’s bond, 51. The exhumation and _ reinter- 47. Modification of theoriginal act. | ment of bodies. 1, Every undertaker or other person before removing any corpse for burial shall obtain a permit from the Heaith Officer to do so; and in order to obtain such per- mit he shall present his certificate to the Health Officer, setting forth the name, age, nativity, and residence of the deceased, and the nature of the disease or injury causing death as near as he can ascertain, or the name of the physician in attendance, if any. The Sextons of the different cemeteries shall require of all undertakers or other persons said permit, signed by the Health Officer, before permitting burial in the respective cemeteries under their charge. It shall be the duty of the Health Officer to grant said permit on presentation of said certifi- cate, and on his failure to do so the undertaker or other person may proceed to remove the corpse for burial with- out a permit. 2. The sextons of the different cemeteries shall keep said permits carefully filed away, and open to the inspec- tion of the Board of Health at all times. 3. All undertakers, sextons, or other persons failing to comply with the provisions of this ordinance shall be. subject to a fine of not less than twenty-five and not more than fifty dollars, and may be proceeded against in the City Court of Louisville as in like cases. This ordi- nance shall go into effect on the twentieth day after its publication. 4. The Cave Hill Cemetery, the Oakland Cemetery, and the grave-yard on Jefferson, between Fifteenth and 63 Ordinance, approved. Sept. 14, 1869. Ordinance, approved Oct. 26, 1853. 64 BURIALS AND BURYING-PLACES, Ordinance, approved N ov. 17, 1855. Sixteenth streets, are City cemeteries, appropriated for purposes of interment according to their respective plans and plats, and are to remain under their present regula- tions until changed. a. Any person who shall cut or otherwise injure or deface any tombstone, vault, monument, inclosure, tree, shrub, or ornament in’ either of said cemeteries, or in any other public grave-yard, whether belonging to The City or not, shall be fined twenty dollars, and the Sexton shall cause him to leave the cemetery or grave-yard, and prose- cute him for the offense. 6. Any person who shall cause a grave to be dug or opened in the district bounded by Fourteenth, Kentucky, and Wenzel streets and the Ohio river, or cause the in- terment of a dead body within said limits (except of members of the family in private vaults) shall be fined fifty dollars. 7. One sexton shall be elected for each cemetery, who, before acting, shall make oath that he will faithfully inter all bodies intrusted to him for that purpose, and will not knowingly permit any one to be disinterred with- out the consent of the friends of the deceased, and will be vigilant in detecting and exposing all persons engaged in such disinterments. 8. He shall observe and obey carefully all the regula- tions of the cemetery of which he is sexton; shall dig eraves promptly as required, and none of a less depth than six feet; shall keep on hand a supply of, and fur- nish each grave with proper boards for covering the coffin; shall, without charge, open the gates of the cemetery for visitors, and shall keep the cemetery in good condition. 9. He shall report weekly to the Mayor all interments in the cemetery of which he is sexton, with the names, color, nativity, residence, age, and disease of the person interred, when they can be ascertained, and shall report oftener or otherwise if required. BURIALS AND BURYING-PLACES. 65 Ordinance, 10. The fees of sextons of cemeteries shall be as fol- lows: For digging a grave, furnishing boards, and com- pleting the burial of a person above ten years old, four dollars; under that age, two dollars; but The City shall be chargeable with only one dollar and fifty cents for persons above and one dollar for persons under ten years old, buried at the charge of The City. 11. No person, except those owning lots, and their friends accompanying them, shall go inside any cemetery of The City except through the doors or gates made for that purpose; nor go there on the Sabbath day without a permit from the Mayor or Sexton; and no person shall lie down or sit upon the graves, walks, or grounds in any cemetery without permission of the sexton thereof, unless such person be in attendance upon a burial, nor partici- pate in any angry or political discussion, nor use profane language therein. 12. Any person offending against this ordinance or any of the provisions thereof, shall, upon conviction, be fined not less than five nor more than fifty dollars, to be re- covered as other fines in the City Court. 13. The office of Sexton of the Portland Cemetery is hereby created, [and the] term of office and time of election and duties shall be the same as [those of] the Sexton of the City Cemetery. 14, The compensation of said Sexton shall be hereafter determined by the General Council. 1.5 That the Sexton first elected under this ordinance shall be elected [and hold office] until the time shall arrive for the election of a Sexton for the City Cemetery. 16. All sextons of cemeteries within the jurisdiction of The City of Louisville, Kentucky, shall report to the Health Office of said City, at the end of each and every month, the number of interments. Should any be in- terred without the proper burial permit, the name of the party buried and the name of the undertaker shall be reported. oO approved Sept. 30, 1864. Ordinance, approved July 6, 1869. Ordinance, approved June 13, 1864. Ordinance, approved May 4, 1868. 66 Ordinance, approved Mar. 5, 1859. Ordinance, approved June 15, 1868. An act to in- corporate the Cave Hill Cem- eteLy . Ap= proved Febru- ary 5, 1848. BURIALS AND BURYING-PLACES. 17. His Honor the Mayor, is hereby. directed to cause the City Attorney to prepare a conveyance from The City -of Louisville to the trustees of the Cave Hill Cemetery, for the lands referred to in their petition, con- taining all the provisions and conditions set out in their memorial, with the conditions and reservations to The City of two and fifty-one one-hundredths acres in the northeast corner, for a Pesthouse, and six and six one- hundredths acres in the northwest. corner, bounded by the creek on one side and thee Cmetery grounds on the other, for the purpose of a stone quarry; also the grounds now occupied by the Workhouse; Provided, a lot, one hundred feet square, be reserved on the top of the hill on which the Pesthouse now stands, to be used as a burial- place for all City officers and firemen who may wish to avail themselves of the privilege; said lot not to be trans- ferable. 18. Any person who shall unlawfully deface, cut, or otherwise injure any tombstone, monument, vault, in- closure, tree, shrub, flower, or ornament in Cave Hill Cemetery, or who shall, without right, disinter any body buried therein, shall be fined not less than two dollars nor more than five hundred dollars. 19, Any person who shall violate any by-law, rule, or regulation presented by the trustees of the Cave Hill Cemetery Company, shall be fined not less than one nor more than five dollars. 20. All fines imposed by virtue of this ordinance shall be for the benefit of the Cave Hill Cemetery Company. 21. All ordinances relating to said Cemetery heretofore passed are repealed, but this repeal shall not affect prose- cutions for offenses heretofore committed. 22. L. L. Shreve, G. W. Bayless, Jedediah Cobb, James C. Johnston, Wm. B. Belknap, and James Rudd, and their successors in office, be and they are hereby created a body politic and corporate in law, under the name and style of the Cave Hill Cemetery Company, and by that BURIALS AND BURYING-PLACES. name shall be able and capable in law to have and use a common seal, to sue and be sued, plead and be impleaded, to answer and defend in all courts and elsewhere as natural persons, and may ordain and put in execution such by-laws, rules, and regulations, for the government of said Company and the management of its affairs as they may deem proper, not contrary to the constitution or laws of this State or the United States. ! 23. The City of Louisville shall have the right and 1The by-laws and rules of the Cave Hill Cemetery Company, in force July 1,1884, are the following: Article I. Managers, their Tenure, etc—The board of m .nagers consists of nine members, who must be lotowners at the time of their election, and shall reside in The City of Louisville, and any manager ceasing to be a lot- owner, or removing from The City, shall thereby vacate his office. The members are elected to serve for three years in classes already established; one third of the entire number (or three managers) going out of office on the first day of June of each year. They are subject to re-election. Should any manager fail to attend three successive regular meetings of the board without good reason, on notice to such absenting member the board may declare his seat vacant and fill the vacancy. Art. IT, Election of Managers.—The annual election shall be held, after due notification in one or more City daily newspapers, at the office of the Company in Louisville, on the last Saturday in May, between the hours of 9 A.M. and 12:30 p.m., when the three managers for the ensuing term of three years shall be elected, and any other vacancies, for any unexpired term that may have occurred, shall be filled by election. The election shall be by the lot owners voting in person,and shall be under the superintendence of the secretary, either in person or by deputy appointed by him, with approval of the president or vice-president, or of two managers. Should the secretary fail to give notice of the annual election, or if from any other reason it should be omitted, a special election shall be ordered by the president or vice-president, which shall be the annual election for the year in which it is held. Art. III. Respecting Meetings— The board of managers shall meet on the first Saturday of each month, and three managers shall constitute a quorum. No order of the board, except to adjourn, shall be valid, unless it has received the votes of at least three managers. The president or vice- president may call a special meeting of the board at his pleasure, and shall do so whenever requested in writing by two managers. No manager shall receive any salary, contract, or other emolument for services rendered by him while holding the office of manager, and no manager nor the superintendent, gate-keeper, nor any other paid servant of the Company shall have any interest whatever in any work or materials furnished for the Cemetery Company. Art. IV. Officers of the Board The officers of the board of managers 67 68 BURIALS AND BURYING-PLACES. power, nine Councilmen concurring, to set apart, donate, and convey to the Cave Hill Cemetery Company any part of the Cave Hill Farm, not more than fifty acres, to be perpetually held and used for the purpose of a rural cemetery, and said Cave Hill Cemetery Company may take and hold any other land by devise or purchase, not ex- ceeding one hundred acres, and may take and hold, by gift or devise, money and personal estate, not exceeding one hundred thousand dollars in value. shall consist of a president, vice-president, and secretary, who shall also act as treasurer of the Company, all of whom shall be elected by the board at the first regular meeting after the annual election, and shall hold their offices for one year, or until their successors are duly chosen; and in case of failure to elect the officers at the time specified, the election shall take place at the next regular meeting of the board. At the same time the board shall elect a superintendent and gate-keeper for the Cemetery, who shall hold office during the pleasure of the board. Art. V. President and Vice-President— The president or vice-president shall preside at meetings of the board of managers; he shall fix the time and place for special meetings, and shall nominate all special committees. In ease of his absence his place shall be supplied by a temporary chairman. Art. VI. Secretary and Treasurer.—The secretary and treasurer shall give notice of, and attend, all meetings of the board of managers, and keep a record of the proceedings. He shall have charge of the delivery of tickets and of other publications. He shall prepare, countersign, and record in a book kept for the purpose, all certificates of ownership for lots in the Ceme- tery, and shall keep all plans and maps duly made of lots for the proprietors, and shall number and index the same. He shall give bond in the sum of dollars for the faithful performance of the duties of his office. He shall have custody of the funds of the Company, under the direction of the managers. He shall collect dues, and pay bills approved by the president or vice-president, or by the chairman of any committee duly authorized to make an expenditure. He shall preserve and file all papers relating to his official duties; shall keep the necessary books, showing the receipt and disbursement of all funds passing through his hands, and render, at every regular meeting of the board, a statement, showing balance of funds on hand, and, at the first regular meeting after the annual election, the receipts and disbursements of the past year, and the existing state of the funds and of the property of the Cemetery Company up to that time. Art. VII. Regular Committees—There shall be appointed by the board of managers, at the first regular meeting after the annual election, the fol- lowing committees, to serve for the ensuing year: A committee of accounts, consisting of the president, or vice-president, and two other members of the board. The duty of this committee shall be to examine the accounts of the secretary and treasurer and to audit the same. A committee on grounds, consisting of four members, whose, duty it shall be to report for the action BURIALS AND BURYING-PLACES. 24. Said corporators may hold the office of managers until the first day of June, 1850, and until their succes- sors are appointed, as provided for in this act, during which period they shall. divide themselves into three equal classes. The first class shall go out of office on the first day of June, 1850, the second on the first day of June, 1851, and the third class on the first day of June, 1852, and thereafter one-third of the entire board shall go out of office every year, subject to re-election, and the of the board such improvements (in the way of laying off, planting, etc., of the grounds) as may be deemed necessary, together with the plans and esti- mated cost of the same. Art. VIII. Funds of the Company.—The funds of the Company shall be deposited in its name in bank, to be withdrawn only on the cheque of the president or vice-president, countersigned by the treasurer. Art. IX. Certificate of the Ownership of Lots.—Certificates of the own- ership of lots will be issued in the first instance without charge. For every subsequent transfer or subdivision one dollar will be charged for each new certificate. Art. X. Gate-Keeper.—The gate-keeper shall open the gate every day at sunrise, and he shall close it, excepting for egress, at sunset, and enforce the rules respecting admittance. A bell shall be rung every day at sunset as a warning to visitors to leave the Cemetery, and thirty minutes thereafter the gates will be closed. Art. XI. Superintendent.— (1) The superintendent shall. reside at or near the Cemetery. (2) He shall have the general direction and control, under the board of managers, of the improvement of the Cemetery. (38) He shall lay out all lots in the Cemetery, and shall preserve a record thereof, so that the same may be known and easily found should the boundaries become obliterated or changed. (4) He shall see that the regulations of the board of managers with respect to interments, disinterments, the construction of tombs, and the improvement of lots by the holders thereof, be properly observed. (5) He shall have charge and keep an account of the property, tools, and implements of the Cemetery Company which may be on the premi- ses, and shall render to the secretary an inventory and appraised value of the same, to be incorporated in the secretary’s annual report. (6) He shall furnish, when required, estimates of the probable expenditures of the coming week or month, and shall, at the end of every week, certify to the secretary the number of hands employed, the amount due, and the work in which they have been engaged, and its condition. (7) He shall keep the record, which shall contain an account of all the interments that take place in the Cemetery, in the form determined on by the board. (8) No interment shall take place in the Cemetery without a permit from the secretary. This permit shall be handed to the superintendent, who is required to cause the grave to be pre- pared, but who will not be responsible for its preparation by the time appointed, unless he shall have six hours of (daylight) previous notice thereof. ° 69 710 BURIALS AND BU RYING-PLAO ES. Mayor and Council of Louisville, a majority of all the Councilmen elect concurring, shall fill ali vacancies which may occur from lapse of time,death, resignation, removal from The City, or from other cause, and all vacancies shall be certified to the Mayor and Council by the remain- ing managers. A removal from The City, or a refusal to act, shall be deemed a resignation of said office. 20. It shall be the duty of said managers to elect a president from their own body, who shall, as such, execute (9) It shall be the duty of the superintendent to take charge of the keys of the receiving tomb, under such directions as to the use of it as shall be here- after made. (10) He shall have power to remove from the Cemetery improper and disorderly persons; also, to abate nuisances, remove stray animals, rub- bish, and unnecessary incumbrances. (11) As agent for the managers, he shall have sole power to employ or discharge workmen for the Cemetery, to order and arrange their respective duties, and to pay their wages, as the board may direct. (12) The board of managers have adopted rules for the govern- ment and police of the Cemetery, and may from time to time adopt more. These it will be the duty of the superintendent to see properly enforced, and to attend generally to the instructions of the board in reference to the affairs of the Cemetery. (18) Inasmuch as it is desired that the lotholders shail have every facility afforded them in the care of their lots, it is enjoined on the superintendent, in his intercourse with them, to consult their wishes in this respect, as far as he can do so consistently with his other duties. (14) No person in the employment of the company shall be permitted to receive any perquisite for any matter connected with the Cemetery, or his duties therein, his salary being considered in full payment therefor. A fire-proof safe is provided by the Cemetery Company for the safe keeping of the records of the superintendent, and of the keys of the receiving tomb. Art. XII. Change in the By-Laws.—These by-laws may be enlarged, altered, amended, or repealed at any regular meeting of the board; Provided, that a majority of the whole board shall concur in the proposed proceeding. Rules Concerning Interments and Disinterments.—I. The superintendent resides with his family near the Cemetery, and will see that suitable persons are in attendance at every interment. II. In each application for burial a statement must be furnished of the name, place of nativity, residence, age, occupation, disease, and also whether married or unmarried, of the person to be interred, which being signed by the applicant, the secretary will then issue an order for interment. III. No interment will be permitted in the Cemetery, or body deposited in the receiving tomb, without the order of the secretary above referred to, which must in all cases be accompanied by the proper burial certificate issued in accordance with the municipal regulations. This rule is imperative. IV. Notice must then be given to the superintendent at the Cemetery, previous to the interment, in time to afford at least six hours’ daylight for preparing the grave. BURIALS AND BURYING-PLACES. 71 all contracts and obligations in the name of the Cave Hill Cemetery Company, according to the order of the board of managers, and said board of managers, and their successors in office, shall have power and authority to lay out and improve the grounds held by said corpora- tion, to erect all necessary buildings, to employ agents and laborers, to lay off and dispose of burial lots by sale and conveyance, upon such terms as they shall consider proper. It shall be the duty of the said board of managers V. All interments will be subject to the following charges, which in all cases must be paid at the office of the Cemetery Company before the interment. Charges for interments in private lots: Opening, closing, and sodding each adult’s grave, five dollars; opening, closing, and sodding each child’s grave, four dollars; opening vaults under ground, and closing and sodding, five dollars; opening tomb, or above-ground vault, three dollars. Charges for interments in public lots: For each adult, ten dollars; for each child, five dollars. No: monuments can be allowed in these public lots, excepting head-stones not exceeding eighteen inches in height or more than two feet in width for adults, and eighteen inches for children. The usual depth of graves is six feet; when a greater depth is required an increased charge will be made. VI. A receiving tomb is provided at the Cemetery for the accommodation of those who intend to purchase lots, or who wish to delay burial of friends for: any good reason. (1) All interments in this tomb, and also in all private vaults must be in strong, hermetically-sealed cases, and no removals will be made therefrom on Sunday, without a special order from the secretary. (2) Whenever a body is to be deposited therein a permit must first be obtained from the secretary, and the following charges paid: For each adult, sixteen dollars; if removed within one month, eleven dollars will be returned; if removed within two months, ten dollars will be returned. For each child under twelve years of age, eleven dollars; if removed within one month, six dollars will be returned; if removed within two months, five dollars will be returned. (3) If the body shall not be removed before the expiration of two months the Company will thereafter inter in single grave without further cost, but in special cases the time may be extended, upon written application to, and approval by the managers, and upon making a deposit with the secretary of two dollars for each month of the extended time. (4) Where the removals are for interment in the Cemetery within the two months the usual charge for opening, closing, and sodding each grave will be made in addition. (5) The remains of any person who died of a contagious disease will not be admitted to this tomb or to any private vault. VII. The superintendent, or his assistant, must be present at every interment, and to him will belong the duty of opening, closing, and sodding the grave. VIII. Notice to the superintendent of an interment must be accompanied 72 BURIALS AND BURYING-PLACES,. to elect a treasurer and secretary, who shall execute bond for the performance of the duties required of them, with such security and penalty as the board of managers shall require by their by-laws, and they shall cause a record of their proceedings to be kept; also an account of the receipts and expenditures of said corporation, and shall, on the first Monday in June in each year, report a general statement of said accounts to the Mayor and Council of The City of Louisville, with a list of lots sold, by directions as to the lot, and particular spot in the lot, where the grave is to be opened. All monuments, tablets, head- and foot-stones must be put up under the supervision of the superintendent, in order to secure the work on a firm foundation and prevent the unsightly condition attendant on bad work. IX. No disinterment will be permitted without the consent of the Com- pany first being obtained, and during the months of May, June, July, August, September, and October nobody will be disinterred within three years after decease, but from first of November to first of May disinterments may be made at any time after death at the discretion of the superintendent. The usual charges for disinterments shall be the same as for interments. X. In cases of disinterment from single graves, no allowance shall be made for the grave vacated, but a relinquishment to the Cemetery Company of ownership in said grave shall be required before an order issues for the disinterment. XI. When single graves, described in the foregoing rule, are vacated by disinterment, with a view of reinterring in a new purchase of a higher priced lot or grave, the price originally paid for such grave shall be allowed in part payment of the new purchase. The usual charge for disinterring and reinterring to be made in both cases. XII. Not more than two interments, except at the discretion of the Company, shall be made in the same grave, whether in a private or public lot, and the later interment shall be at least three feet under ground. XIII. The owner of any lot in the Cemetery, which has been used for interment and the bodies afterward removed by consent of the Company, may, after two years from the date of such removal, sell and convey said lot as though the same had not been used. Should said owner, however, buy a more valuable lot in the Cemetery, the bodies may be removed thereto from the old lot, in accordance with the regulations, and the old lot may be taken in part exchange if so agreed by the Cemetery Company, or may be at any time thereafter transferred by the said owner to any person under the usual regulations. Rules Respecting Visitors.—I. Tickets of admission to the Cemetery, under the regulations as stated herein, will be issued by the secretary, on applica- tion at the office of the Company, of the following classes, which tickets will admit the holder either on foot, horseback, or with vehicle: (1) Permanent tickets to the owners of lots or single graves; which tickets will admit BURIALS AND BURYING-PLACES. to whom, and at what price, and they shall have power and authority to make such by-laws, rules, and regula- tions, in relation to the duties, management, and ap- pointment of officers and agents, and their pay, and to make all other necessary rules and regulations, from time to time, for the government of lotholders and visitors of said Cemetery. 26. The proceeds of sales of lots in the Cave Hill Cemetery shall be applied to pay the costs and expenses — them and the members of their families, or friends accompanying them, during the week, including Sunday. (2) Special tickets to strangers, which will admit them on Sunday. (8) Special tickets to transient visitors, which will admit them any day during the week except Sunday. The special tickets of second and third class will be taken up by the gate-keeper. Il. Children will not be admitted unless with their parents, or with persons having them specially in charge. Colored persons, when admitted, must be accompanied by a lotholder, or some member of the family of the lotholder, or may be admitted by the written permit of a manager, which must be left with the gate-keeper, and filed by him. III. Schools, and other large assemblages of persons, will not be admitted, except when attending funerals. LV. No rapid riding or driving will be permitted, and all riding or driving on the grass is strictly prohibited. V. No refreshments nor liquors of any kind will be allowed within the .Cemetery. VI. No smoking will be allowed, and no persons with fire-arms or dogs will be admitted. VII. No horse may be left in the grounds unfastened. VIII. All persons are prohibited from plucking any flowers, either wild or cultivated, or breaking any tree, shrub, or plant; nor shall any person be permitted to take up and remove from the Cemetery any plants, flowers, or shrubbery without the consent of the superintendent. -IX. All persons are prohibited from writing upon, defacing, or injuring any monument, fence, or other structure in or belonging to the Cemetery. X. Any person disturbing the quiet and good order of the place by noise or other improper conduct, or who shall violate any of the foregoing rules, will be compelled instantly to leave the grounds. XI. The gates are opened for entrance at sunrise, and are closed (except for egress) at sunset. At sunset a bell shall be rung as a warning for visitors to leave the Cemetery, and thirty minutes thereafter the gates shall be closed and locked. XII. The superintendent, gate-keeper, and all persons acting under them, shall have full authority to carry these regulations into effect, and shall give notice of any violations thereof to the managers. XIII. No money shall be paid to the gate-keeper or to any other person 73 BURIALS. AND BURYING-PLACES. of improving and decorating said Cemetery, to the pay- ment of officers and services rendered, and to refund to The City of Louisville moneys advanced for the improve- ment of the grounds, and the surplus arising from the sale of lots shall, from time to time, when not appro- priated as above, be paid into the City treasury, and the Treasurer’s receipt taken therefor, which fund thus paid into the City treasury shall be a permanent fund, on which The City shall pay to the Cave Hill Cemetery in the employ of the Cemetery Company in reward for any personal services or attentions. XIV. No omnibus shall be allowed to enter the Cemetery grounds. [ Visitors are reminded that these grounds are sacredly devoted to the inter- ment and repose of the dead, and that a strict observance of the decorum due to such a place will be required of all. The superintendent or gate-keeper is authorized and directed to remove all who violate these ordinances or com- mit trespasses. Trespassers are also liable to criminal prosecution and fine. The provisions of the law will be enforced in all cases of wanton injury. ] Rules Respecting Lots and Lotowners.—I1. This Cemetery is set apart for the burial of the white race exclusively. II. To insure the proper regulation of the grounds, the grade of all lots will be determined by the Cemetery Company. III. All workmen employed in the construction of vaults, curbing of lots, erection of monuments, efc., must be subject to the control and direction of the superintendent, and any workman failing to conform to this regulation will not be permitted afterward to work in the grounds. IV. To protect the grounds, and especially improved lots, from injury, all excavations for vaults and monuments will be made by the Cemetery Com- pany, at the expense of the owners. V. Persons who make improvements upon their lots after they are graded will be charged the cost of putting them again in order. VI. Foundations for monuments must be built of solid masonry, to the satisfaction of the superintendent, to whom due notice must be given. VII. No inclosure, consisting of wall or fence around any lot, shall be erected, except by special permission of the Company, previously obtained. VIII. Wooden enclosures and lettered boards designating graves will not be allowed. TX. No slabs will be allowed unless placed in a horizontal position, and no head- or foot-stones will be permitted unless four inches thick. X. No vault shall be erected wholly or in part above ground without per- mission of the Company; and all such must be furnished with shelves, having divisions allowing interments to be separately made, and perpetually sealed. Such portions as are above ground must be faced with cut quarry-stone, granite, or marble. XI. The managers have no wish to interfere with the taste of individuals in regard to the style of their improvement; but yet, in justice to the interests BURIALS AND BURYING-PLACES. Company, an interest semi-annually, not exceeding six per cent. per annum, to be applied alone to the repair, pres- ervation, and protection of the Cave Hill Cemetery and its appurtenances; and if the keeping in repair, preserva- tion, and protection of said Cemetery, works, and build- ings, and improvements, shall not require a sum equal to said six per cent. interest, The City shall be bound to pay only such per cent. as will be sufficient to meet the costs of the same. of the whole, they reserve to themselves the right of preventing or removing any erection or inclosure which they shall consider injurious to the immediate locality, or predjudicial to the general good appearance of the grounds, and also of removing or pruning any trees or shrubbery which may obstruct or mar the effect and beauty of the scenery, or may otherwise prove injurious, unsightly, or detrimental. XII. All lots sold are graded and prepared by the Cemetery Company, and any additional improvement or change will be at the cost of the owner, and at moderate charges. XIII. The lotowners may erect any proper stones, monuments, or se- pulchral statuary thereon, and cultivate flowers, shrubs, and plants in the same, but no tree growing within the lot or border shall be cut down or removed without the consent of the superintendent. Neither litter nor trash shall be left on the lots or thrown on the avenues. XIV. All earth or rubbish accumulated by proprietors of lots or their workmen must be carefully removed as soon as possible, and deposited where the superintendent may direct. XV. Lots, when graded and in grass, will be mowed, and ordinary care taken of them, free of expense. XVI. Proprietors shall not allow interments to be made in their lots for a remuneration, nor shall any transfer, nor any assignment of any lot, or of any interest therein, be valid without the consent in writing of the Company, to be indorsed on the transfer-or assignment. XVII. No lot shall be used for any other purpose than as a place ot burial for the dead. XVIII. If any trees or shrubs situated in any lot shall, by means of their roots, branches, or otherwise, become detrimental to the adjacent lots or - oe avenues, or unsightly, or inconvenient to passengers, it shall be the duty of the managers, and they shall have the right, to enter the said lot and remove the said trees or shrubs, or any parts thereot. XIX. Whenever, in the opinion of the superintendent, it shall be proper to remove shrubs or trees from any lot, notice shall be given to the lotowner, and, unless the consent of the lotowner to such removal shall be obtained, then the matter shall be referred to the president, who shall decide on the propriety of said removal. The notice above required shall be given per- sonally, if convenient; otherwise, by letter through the post-office, if the address is known. v6) 76 An act to amend the eharter of the Cave Hill Cem- etery. 2A0p= proved Feb. 17, 1851. BURIALS AND BURYING-PLACES. 27. After laying out said lots and adopting a plan of said Cemetery no road or street shall be opened or ex- tended through the same, or any part thereof. 28. The Mayor and Council are hereby vested with full power, and are required, to pass all necessary ordi- nances, with adequate penalties, to protect said Cemetery, and everything pertaining thereto, from injury or damage, and said Cave Hill Cemetery Company shall have the right of action and recovery against any person or persons who shall in anywise injure any of the improvements, grounds, buildings, shrubbery, trees, and walks, within the bound- ary of said lands, laid out and conveyed to said Cave Hill Cemetery Company, and the recovery, in the name of The City, under any ordinance, shall not be a bar to a recovery by said corporation. 29. The act incorporating the Cave Hill Cemetery, near The City of Louisville, is hereby so amended as that it shall be the duty of the president and managers thereof, when making their annual report to the Mayor and Coun- cil of said City, to present a list of the lotholders in said Cemetery, and no person shall be elected a president or manager of said Cemetery who does not own three hun- dred feet of ground, or upwards, in said Cemetery. 30. The charter is further amended so as that hereafter the lotholders in said Cemetery shall have the right to elect four and The City of Louisville five managers of said Cemetery. XX. A committee shall, with the superintendent of the Cemefery, have charge of the improvements of all those portions of the Cemetery that are reserved from sale as burial lots, for such ornamentation as may be deemed useful to the beautifying of Cave Hill. XXI. The managers shall have power to refuse to sell lots in this Cemetery to persons of notoriously bad character. Such persons shall not be capable of becoming lotholders, nor shall any such person be interred in these grounds. In case of the sale of a lot to any such character, whose condition may not be known at the time of the sale, said sale may be canceled at the option of the managers. BURIALS AND BURYING-PLACES. 77 31. The City of Louisville shall have the right and power to donate and convey to said corporation any num- ber of acres of land, not exceeding three hundred, adjoin- ing the lands now owned by said Company; and the said corporation may acquire by gift, devise, or purchase, any number of acres of land, not exceeding three hundred. 32. But all lands acquired by said corporation shall be perpetually held and used for the purpose of a rural cemetery. 33. The Cave Hill Cemetery Company shall from and after July 1, 1882, pay to the Cave Hill Investment Com- pany one tenth of the proceeds of the sale of all lots thereafter sold by said Company, and said payment shall continue until the fund belonging to said Investment Company shall amount to two hundred thousand dollars. 34, These payments shall be instead of the payments required by the fifth Section of the act to which this act is an amendment, and instead of the payments required by the contract entered into between The City of Louis- ville and Cave Hill Cemetery Company on the twenty- fourth of March, 1859, and shall be in lieu of all payments due under said contract and Section. 39. This act shall take effect from its passage; but it must be accepted by the General Council of The City of Louisville and by a majority of the votes cast by lot- owners voting at an annual election held for the election of a director or directors of the Company. 36. The lotowners in Cave Hill Cemetery shall not sell the privilege of buying in their lots without the pre- vious written consent of the board of managers of the Company. But they may by last will and testament, or by writing directed to said Company, signed by such owners and attested by two witnesses, determine who shall control the right of burial in their lots after their deaths, and such directons may be placed in or on the certificate of ownership of the lot. 37. In the event that no such direction is made by last will and testament, or by writing, as hereinbefore provided, An act to amend an act entitled An act to incorporate the Cave Hill Cemetery Company. Ap- proved Mar. 9, 1854. An act to amend an act entitled An act toamendthe charter of the Cave Hill Cem- etery, approved Feb. 9,1864. Approved Feb. 11, 1882. An act to in- corporate the Cave Hill In- vestment Com- pany. Ap- proved Feb. ON 1882. BURIALS AND BURYING-PLACES. the right of burial in any of the lots of said Cemetery shall go and descend to the lineal descendants of the original owner thereof, and the husbands and wives of said descendants in the order of their deaths, should application for such burial be made to said Company; Provided, however, that any of said descendants may release the right of burial for himself and all persons descended from him, and their husbands and wives, by writing filed in the office of said Company and attested by the president and secretary thereof, and in case there shall be no lineal descendants of said original owner his heirs-at-law, in the order of their deaths and applica- tion therefor, shall have the right of burial in said lot and the determination and decision as to any and all such rights of burial provided for in this Section, and the order therefor by said board of managers by the president and secretary thereof, shall be final and conclusive thereon. 38. There is hereby incorporated the Cave Hill Invest- ment Company, who shall, when organized as hereinafter directed, have full authority to contract and be contracted with, sue and be sued, and have such authority and power as a natural person would have, in executing and carrying out the object of its incorporation. 39. There shall be five directors of said Company, who shall have the control and management of its affairs. These directors shall be lotowners in Cave Hill Ceme- tery. The president of the Cave Hill Cemetery Company shall be one of said directors, and the other four directors shall be elected by the board of managers of the Cave Hill Cemetery Company. The said managers shall, at one of their regular meetings in the year 1882, elect four directors; these directors shall be elected for the term of two, four, six, and eight years respectively, and the board of mana- gers shall at the time of the election designate the term and time for which each director is elected. The said board of managers of Cave Hill Cemetery Company shall, -every second year thereafter, elect one director in this said Company. The term of the directors elected after BURIALS AND BURYING-PLACES. the first election shall be eight years, and each director shall continue in office until his successor is elected. If a vacancy shall occur, by death or otherwise, during - the term of any director, the vacancy shall be filled by the other directors of this Company. 40. The directors of the Company shall elect one of their number president of the board, and shall elect a treasurer and a secretary, who may be the same person, and need not be a director. The board of directors shall prescribe the duties of the officers of the Company, and shall require of the treasurer a bond with good security, in the penalty of at least twenty thousand dollars. ? 41. This Company is authorized to collect and receive from Cave Hill Cemetery Company any and all sums which may be coming from the Cave Hill Cemetery Com- pany and any other corporation or person. It is author- ized to receive donations, gifts, devises, and bequests upon such terms as may be consistent with the object of its incorporation. 42. It shall be the duty of the president and directors of this Company to invest and keep invested all the money belonging to the Company in the bonds of the United States, the bonds of the State of Kentucky, or the bonds of The City of Louisville; but they may invest in other good and safe securities if the president and all the directors of said Company shall consent thereto in writing before said investment is made, and if a majority of the managers of the Cave Hill Cemetery Company also con- sent in writing before said investment is made. These consents shall be recorded in the record-book of each board respectively, and if any other investment is made except as herein provided, the directors making or con- senting to the same shall be personally lable for any loss arising from such investment. 43. The money and property of this Company shall be 2See the succeeding amendment, Section 46, BURIALS AND BURYING-PLACES. a sacred fund, which shall be held and appled for the pro- tection, preservation, and ornamentation of the grounds of Cave Hill Cemetery. All of the income arising from the property of the Company after paying the necessary expenses of the Company shall be invested. and reinvested as provided in Section 5,2 and no part of the principal or the income arising from the funds and property of the Company shall be used for any purpose whatever except for necessary expenses of the Company, until eight tenths of the burial-lots which are or may be laid off in the ground now owned by the Cave Hill Cemetery Company are sold, or until said investment fund shall be at its par value worth two hundred thousand dolars. After said lots are sold, or after the par value of said fund is two hun- dred thousand dollars, the board of directors of the Com- pany shall devote such part of the net income arising from the funds and property of the Company as may remain after the payment of the necessary expenses of the Com- pany, toward the protection, preservation, and ornamenta- tion of the grounds of the Cave Hill Cemetery Company; but no part of the principal fund shall ever be used. The income which is thus devoted shall not be used by the board of directors of this Company, but be paid over to the managers of Cave Hill Cemetery Company, to be used and applied to the protection, preservation, and orna- mentation of said grounds, provided that nothing in this Section shall prevent this Company from securing gifts, donations, bequests, and devises, and using the same as directed by the donors. 44, The board of directors shall in the months of Janu- ary and July of each year make a true and full report of the condition of its affairs, and within thirty days thereafter send a copy thereof to the board of managers of Cave Hill Cemetery Company. The board of mana- gers of Cave Hill Cemetery Company shall have the right at all times to examine into the condition of this 8Section 42, immediately preceding. BURIALS AND BURYING-PLACES. 81 Company, and for that purpose shall have full and free access to the books and papers of the Company. 45. The president and directors shall have authority to make any by-laws not inconsistent with this act or the laws of the State. 46. The board of directors of said Company shall fix the penalty of the treasurer’s bond, and may require a new bond of its treasurer as often as necessary, and fix the penalty thereof; Provided, the penalty of the treasurer’s bond shall not exceed thirty thousand dollars. 47. So much of the original act as fixed the penalty of the treasurer’s bond is repealed, and this act shall take effect from its passage. 48. Whereas, it has been represented to this General Assembly that the use of the grounds of the West Louis- ville Cemetery, a corporation chartered by act of the General Assembly, has long been discontinued for burial purposes, and the rights of lotholders purchased in by the orphan asylums, who are devisees of Cromie, one of the original corporators and grantors; and whereas, it is further represented that the bodies heretofore interred in said Cemetery grounds have been removed to other ceme- teries with the exception of those interred in a single lot, which lot has been, by decree of the Louisville Chancery Court, set apart, with an avenue of ingress and egress to the owner thereof by inclosure, as appears in the record of the suit filed by the said lotowners; and whereas, the ‘said Cemetery property is situate within the City limits of Louisville, and it is desirable that the same be par- titioned among those entitled; now, therefore, it shall be lawful for the lotowners, or assignees of lots or certifi- cates therefor, in the West Louisville Cemetery Company, or any one or more of them, to file a petition in the Louis- ville Chancery Court for the discontinuance of the West Louisville Cemetery Company, and for a partition of the lands thereof among the persons or corporations entitled thereto. 6 An act to amend an act entitled An act to incorporate the Cave Hill GC ein et ory Company, ap- proved Feb. 11, 1882. Approv- ed Feb. 20,1884. An act for the benefit of the owners of the grounds of the West Louis- ville Ceme- tery. » CHARITIES AND CORRECTIONS. whatever, and the names of the different persons with whom said bills are created. 13. The houses, inclosures, and fixtures on the Cave Hill Farm and all the lands onsaid Cave Hill Farm except 4 so much thereof as-may be donated to the trustees of the Cave Hill Cemetery, constitute the Workhouse .of The City and by that name include the Pesthouse on that officer in attendance with the consent of the superintendent, on special per- mits, and religious persons who desire habitually to converse with the sick, may, in the discretion of the superintendent, be admitted at suitable times. Patients may in like manner by permission of the superintendent be visited by friends living more than five miles from The City. IIL. Visitors while in the Hospital must be quiet and orderly, and refrain from giving to the sick or other inmates any drinks or diet without permission of the medical attendant. Any visitor violating this rule must be excluded from the building. Visitors will be required to refrain from unfavorable remarks on the health or medical treatment of a patient in the presence of such patient. IV. No courtesan, nor any one in an intoxicated condition shall be allowed to visit the inmates of the Hospital upon any pretext whatever. Persons not known to the superintendent must be properly introduced by letter or otherwise. No female patient shall be visited by a male friend other than her father, brother, husband, or son, and persons not known to bear such relationship shall furnish satisfactory evidence of the same to the superin- tendent before admission. Clinical Lectures in the Hospital.—Il. Clinical teaching shall be confined to the professors of the regularly chartered and organized medical schools of The City of Louisville, during the months designated by the Board of Commissioners of Public Charities, and to other members of the staff the remainder of the year, by special agreement with the hospitals committee, and satisfactory provisions for medical attendance upon the wards during such time. II. Clinical teaching will not be allowed in the wards of the Hospital, but must be confined to the amphitheater alone. III. No patient of this Hospital shall be the subject of a sittont lecture against his or her consent, nor shall a female undergo any examination before medical students without her consent. LV. Students of medicine are not allowed to visit the wards of this Hospital for the purpose of receiving clinical instructions from any one. V. Students of medicine and all other persons, while in the presence of the sick, are required to conduct themselves in a quiet and decorous manner, ‘and any person departing from this rule shall be excluded from this institution, . VI. The price of tickets for the clinical lectures in this Hospital shall be five dollars for each student for one course of lectures in one school during the session, and must, under all circumstances, be shown at the door of the 8 118 Ordinanee, approv ed Nov. Er 1854. 114 CHARITIES AND CORRECTIONS. Ordinance, approved May 12, 1854. tract of land. All persons whom The City is bound to maintain when committed to the Jail of Jefferson County, shall be committed to and confined or kept at labor in said Workhouse. Poor persons of bad repute may be sent to the said Workhouse, and persons’ diseased with small-pox or other contagious disease, shall be sent to the said Pesthouse under order from the City Judge, or the Mayor, or the chairman of the committee on Work- house in each board of the General Council. 14, A keeper of the Workhouse shall be elected every October by the Council.? He shall have the superin- tendence of the Workhouse, shall keep regular account- books, in which the Workhouse shall be charged with the cost of provisions, medicine, clothing, and all other things necessary for its support, and shall be credited by all sums appropriated by the Council for its support, and otherwise received. He shall collect all that may be due to it, and every two weeks pay into the treasury all - money received by him, taking the Treasurer’s receipt, which he shall file with the Auditor. The keeper shall reside in the residence at the Workhouse, and have care of the Workhouse, grounds, and property, and of all persons amphitheater before entering. They are not transferable, and will be for- feited and taken up whenever presented by any one except the person whose name they bear. They must be obtained from the clerk of the Board of Commissioners, who shall immediately pay all money received for the same into the City treasury, taking a receipt for the same; this receipt to accom- pany his monthly hospital report to this Board. VII. Any medical school which does not encourage attendance upon clinical lectures in this Hospital may be excluded from the privileges of the Hospital. VIII. The ten months set apart for clinical teaching in the Hospital shall be divided between the winter andsummer schools as follows: The months of September, October, November, December, and January shall be allotted to the University of Louisville and the Louisville Medical College; and the months of February, March, April, May, and June shall be allotted to the Hospital Medical College and the Kentucky School of Medicine. 8The Louisville City Workhouse is now under the control and manage- ment of the Board of Commissioners of Public Charities, but the old law governing the institution is presumed to be still in force in so far as it does not conflict with the present City charter and its amendments. CHARITI#£85 AND CORRECTIONS. EID there confined; he shall daily visit all the apartments and keep them clean and in good order, and shall superin- tend the custody and employment of the prisoners. With the consent of the Council he shall employ a suitable person as day-guard, who shall guard the prisoners at work, prevent escapes, and do such other duties as the keeper may assign him. In like manner, the keeper shall appoint a night-guard, who shall watch the houses, visit the sleeping apartments through the night, and pre- vent escapes. He shall attend the City Court every day and convey prisoners to and. from the Workhouse. The keeper of the Workhouse shall keep a record-book of commitments and discharges of prisoners, registering name, age, height, color, birth-place, whether bond or free,. offenses for which committed, and other proper facts. He shall keep the prisoners at some healthful em- ployment twelve hours a day in.April, May, June, July, August, and September, and ten hours a day during the remainder of the year. Any prisoner who shall behave in a riotous or disorderly manner, or refuse to work, or to obey the orders of the keeper or other officers there, or shall attempt to escape, may be committed to close and solitary confinement, or, if necessary, be put in irons by order of the keeper, but shall not be cruelly treated. Whenever a prisoner escapes, the keeper shall notify the Mayor immediately, and furnish him with a description of the fugitive. He shall report monthly to the Mayor the commitments, discharges, and persons remaining. His report shall show the work performed, and by whom, each month, and the average expense per diem of each prisoner. All prisoners shall be confined within the inclosure, and no communication shall be allowed with prisoners except on a written or personal permit from the Mayor, Judge, Attorney, or Marshal. He shall remove from the Workhouse to the Hospital all prisoners who are sick and unable to work, and shall cause the physician to be sent for, and see that proper nursing an! care be given. Every year, and oftener if required, he 116 Ordinance, approved Nov. 17, 1853. Ordinance, approved July 24, 1857. Ordinance, approved June 9, 1860. CHARITIES AND CORRECTIONS. shall report to the Council at large all material transac- tions of the past year as appearing on his books and otherwise touching the Workhouse; and the books, Workhouse and premises shall always be open to inspec- tion by the Mayor, City Judge, and General Council, or any member of either branch thereof. 15. The keeper of the Workhouse shall, once in each month, on a day and in a form prescribed by the Auditor, present to him a statement of all the expenses incurred during the month on account of the Workhouse, the name of each person to whom money is due, for what, and to what amount, which statement shall be examined by the Auditor, and with his opinion thereof, certitied to the Council, and if the Council shall approve and order payment, the Auditor shall draw his warrant in favor of each person for the amount allowed him thereon; taking his receipt and charging the same to the proper head of expenditure. | 16. The Mayor and workhouse committee are hereby authorized to sell stone to all persons wishing to purchase from said quarry; all contracts made by said parties to come before the General Council for confirmation, and all ordinances or resolutions contrary to this are hereby repealed. 17. The superintendent of the Workhouse, with the consent of the workhouse committee, is hereby authorized toemploy a quarryman at a salary not exceeding five hun- dred dollars per annwm, payable monthly, who shall be subject to the orders of said superintendent and removable by him at pleasure. It shall be the duty of said quarry- man to superintend the blasting and quarrying of rock at the workhouse quarry; to keep and report to the superintendent the time of each hand employed in the quarry; to keep a correct account of the stone quarried and sold daily, as well as that furnished the City Street Inspectors, and report the same, and all transactions at the quarry,each day to the superintendent. He shall have the control and management of those at work in the CHARITIES AND CORRECTIONS. quarry, and perform such other duties as the super- intendent may direct or the General Council may by ordi- nance prescribe. The superintendent shall report to the General Council the name of the quarryman by him appointed, the time of his appointment, and the compensation to be paid him. 18. William F. Bullock, Henry Pirtle, John Joyes, Edward Garland, William 8. Bodley, Jas. 8. Speed, M. Cody, Curran Pope, William F. Pettit, William C. Brooks, William Garnett, Samuel Forwood, William Kendrick, B. M. Patton, L. L. Lurton, Managers of the Louisville House of Refuge, and their successors in office, regularly appointed as hereinafter provided, are hereby consti- tuted a body corporate and politic, by the name of The Board of Managers of the Louisville House of Refuge, and by that name they shall have perpetual succession, and be in law capable of suing and being sued, defending and being defended in all courts and places, and in all manner of actions and causes whatsoever, and may have a common seal, and change the same at their pleasure; and shall be capable in law, by that name and style, of purchasing, holding, and conveying any estate, real or per- sonal, for the use of said corporation; Provided, that the annual income or revenues from such real estate shall never exceed ten thousand dollars, and shall not be applied to any other purposes than those for which this corpora- tion is formed; and, provided further, that none of the property of this institution shall be subject to State or City taxation. 19. The number of fifteen Managers shall be elected biennially; eight to be chosen by the General Council of The City of Louisville, and seven by such individuals as may have contributed to the establishment and mainten- ance of the House of Refuge fifty dollars at any one time, or five dollars annually for twelve years, or five dollars for the year-in which the election may take place; Provided that, should the legislature of Kentucky determine to appropriate annually for the benefit of said An act to in- corporate the Board of Man- agers Of tbe Louisville House of Ref- uge. Approy- ed March 9, 1854. 118 CHARITIES AND CORRECTIONS. House of Refuge, a sum equal to the amount appropri- ated for the same purpose by the General Council of The City of Louisville, then the Board of Managers shall be elected in the following proportions: five by the legislature of Kentucky, five by the General Council of The City of Louisville, and five by the individual contrib- utors above referred to; provided further, that the Board of Managers shall give notice in at least three of the papers of The City of Louisville of the time and place of the election of the Managers to be chosen by the individual contributors. | 20, The Board of Managers shall have power to fill all vacancies that may occur from the death, resignation, or removal of any of its members until the time of the regular biennial election, and if the election shall fail to take place at the regular time, the corporation shall not thereby be dissolved, but the members of said Board shall continue in office until a new election; Provided, further, that no person shall be eligible to election as a member of the Board unless he be a resident of The City of Louisville, or of Jefferson County, and no member of the Board shall receive any compensation for his services. 21. The Board of Managers shall have power, at their discretion, to receive into and keep in the House of Refuge, which they are hereby empowered to establish, any boy not over sixteen, or any girl not over fifteen years of age, being a resident of The City of Louisville, who may be committed by any judge or magistrate having jurisdiction, or any parent or guardian resident in said City; and said Board of Managers may, at their discretion, receive boys and girls committed by judges, magistrates, parents, and guardians of other cities, towns, and counties of this commonwealth; Provided, said cities, towns, counties, parents, and guardians make adequate provision for bearing the expense of keeping and teaching said boys and girls. 22, The Board of Managers of the House of Refuge shall have power to employ the children committed to CHARITIES AND CORRECTIONS. their care in such a way, and in such kinds of business, and have them instructed in such branches of useful knowledge as may be suitable to their years and capacity; and they shall have power, in their discretion, to bind out the said children as apprentices to such persons, and at such places, to learn such proper trades and employ- ments as in their judgment will be most conducive to the reformation and amendment, and will tend to the future benefit and advantage of said children; provided, further, that the Board of Managers may at any time discharge any inmate from the institution, but shall not have authority either to retain in the house or bind out any girl after she is eighteen years of age, nor any boy after he is twenty-one years of age; and, provided further, that the Board of Managers shall at all times permit the institution and children to be visited by the Governor of Kentucky and members of the State legislature, the judges of the different courts of Kentucky, and the Mayor and General Council of The City of Louisville. 23. The said Managers of the House of Refuge, under this act, may from time to time make by-laws, ordinances, and regulations relative to the management, government, instruction, discipline, employment and disposition of the said children while in the said House of Refuge not contrary to law, as they may deem proper, and may appoint such officers, agents, and servants as they may deem necessary to transact the business of the said corporation, and may designate their duties;4 *The rules and regulations governing the Louisville House of Refuge, adopted by the Board of Managers, and in force July 1, 1884, are the following: Article I. Organization of the Board; Meetings; Officers, etc:—(1) Five members shall be necessary to form a quorum of the Board of Managers for the transaction of business. In cases where a less number are in attendance the meeting may be adjourned for the purpose of procuring the attendance of a quorum. (2) The annual meeting of the Board shall be held in the month of January, at the office of the Water Company, or such other place as the Board of Managers may designate; and other stated meetings on the first Tuesday of each month, unless otherwise ordered by said Board of Mana- gers. (3) Special meetings of the Board may be called by the president or 119 120 CHARITIES AND CORRECTIONS. and, further, that the said Managers shall report to the legislature of this commonwealth, at each of its biennial sessions, the number of children received by them into the said House of Refuge, the disposition which shall have been made of said children by instructing or employing them in the said house, or by binding them by the secretary at any time, on the request of any three Managers, by notice given personally or through the postoffice, and adjourned meetings may be held whenever deemed necessary. (4) Any member of the Board of Mana- gers failing to attend two successive regular meetings without good reason, on notice to such delinquent the Board of Managers may declare his seat vacant, and order an election to fill the vacancy. (5) The officers of the Board of Managers shall be a president, vice-president, a secretary and treasurer, who shall severally be elected by ballot at the first regular meeting of the Board after their election by the General Council, and shall hold their offices for one year, or until others shall have been elected. Art. II. President and Vice-President.— (1) The president shall preside at all meetings of the Board, and is ex-officio chairman of all committees. (2) It shall be his duty to draw upon the Treasurer of the The City, at such times and in such sums as the Board shall direct, for all moneys appropriated by The City | of Louisville for the House of Refuge, and cause the same to be deposited to the credit of the (3) In case of the death, absence, or inability of the president, the vice- president shall discharge the duties of the president. Art. III, Secretary. (1) The secretary shall keep accurate minutes of the transactions of the Board in a book to be provided for that purpose, to which the members of the Board shall have access at all reasonable times. (2) He, shall record at full length, in a separate book for the purpose, all the regula- tions and by-laws passed by the Board of Managers, to which the members of the Board and the officers of the House of Refuge shall at all reasonable times have access. (8) He shall file and preserve all papers relating to applications for appointment to office, and other business relating to the Board, and shall allow the members of the Board to have free access to them at all reasonable times. (4) He shall be ex-officio a member of the ‘acting committee, and shall keep a regular entry of its doings in a book for that purpose, and shall allow the members of the committee and of the Board to have free access to it at all reasonable times. Art. IV. Treasurer.—(1) The treasurer shall collect all moneys due the institution, and shall have the charge of and be responsible for all moneys in some safe bank in The City of Louisville. belonging to it, from whatever source derived, and shall deposit them to the credit of the Board of Managers of the House of Refuge, in such bank in The City of Louisville as the Board of Managers may direct. (2) He shall pay all demands against the. institution when properly audited, by drawing on the bank having such moneys on deposit, his cheque to be countersigned by the president of the Board before the same shall be cashed at the counter of said bank where said deposit shall be held. (8) He shall keep a book in which all moneys deposited to the credit of the institution, and which may CHARITIES AND CORRECTIONS. out as apprentices, the receipts and expenditures of said Managers, and generally all such facts and particulars as may tend to exhibit the effects, whether beneficial or otherwise, of said institution. And the right to alter, amend, or repeal this act is hereby reserved on the part of the General Assembly of this commonwealth. otherwise come into his hands, shall be deposited, and in which shall be eredited all moneys which shall have been properly disbursed by him. (4) The treasurer’s books shall at all reasonable times be opened to the inspection of the members of the Board. (5) He shall execute to the Board of Mana- gers a covenant, with security, for the faithful discharge of his duties as treasurer, and for the payment to his successor of the balance which may be found in his hands at the expiration of his term of office. (6) At the June meeting of the Board in each year there shall be a committee appointed, to be called the auditing committee, whose special duty it shall be to examine the books and audit the accounts of the treasurer and superintendent, with a view to the annual report to the legislature and General Council of The City of Louisville. | Art. V. Acting Committee —(1) There shall be a committee of the Board of Managers styled the acting committee, consisting of three members, each of whom shall hold his office for one year, and untilanother shall be appointed to fill his place, and the secretary of the Board shall be secretary of said committee. (2) The acting committee shall possess and exercise all the executive and supervisory powers of the Board of Managers, subject to such regulations and instructions as may be made and given from time to time by the Board. (3) The acting committee shall meet semi-monthly, and oftener if necessary, and shall keep a record of their proceedings in a book for that purpose, which shall be submitted to the Board of Managers at each stated meeting. Art. VI. Visiting Committee—(1) There shall be a committee of the Board styled the visiting committee, consisting of three members, to be appointed by the president. (2) It shall be the duty of the visiting com- mittee to visit the House of Refuge in a body, monthly, and as much oftener as necessity may require, and of its individual members, as often as their - convenience may permit, and acquaint themselves with the condition of the buildings and grounds, with the manner in which the resident officers discharge their duties, and with the conduct of the delinquents. They shall record the result of their examinations in a book for the purpose, which shall be laid before the Board at each stated meeting. (3). They shall also, from time to time, recommend to the Board such regulations as they shall deem necessary for the advancement of the interests and objects of the institution in its several departments. Art. VII. Discharging Committee-—(1) There shall be a committee of the Board of Managers styled the discharging committee, which shall consist of three members, to be appointed by the president. (2) It shall be the duty of the discharging committee to inquire into the history, character, and condition of the delinquents in reference to the propriety of discharging . 122 CHARITIES AND CORRECTIONS. An act to amend an act to incorporate the Board oft Managers of the Louisville House of Ref- uge. Approv- ed March 8, 1860. 24, The day for the biennial election of the Managers of the Louisville House of Refuge shall be the first Satur- day of May, in the year 1860, and every second year afterwards. 25. In all cases in which the Jefferson Circuit Court or the City Court of Louisville are now, or shall hereafter them, and report to the Board of Managers the names of such as in their judgment have remained in confinement a sufficient length of time, with the reasons in brief upon which their judgment is founded. (3) The committee shall also examine into the character, occupation, and residence of every person who may propose to take a delinquent to apprenticeship or service, and if in their judgment the applicant be a suitable person to take charge of a delinquent, they shall make an order, authorizing the superintendent to cause the proper indentures to be executed. (4) All indentures shall require the person who may propose to take a delinquent, to report to the superintendent the condition of the apprentice, together with his conduct; and on a failure of such report being made for two successive months, the Board of Managers may direct said indentures to be canceled, and receive said delinquent again into the House of Refuge. (5) Any member of the discharging committee may, in ordinary cases, exercise the powers herein given to the committee at large. Art. VIII. School Committee.—(1) There shall be a committee of the Board of Managers, styled the school committee, which shall consist of three members to be appointed by the president at each annual meeting of the Board, whose duty it shall be to acquaint themselves with the condition of schools, both in respect to the studies*pursued, the progress made by the pupils, and the discipline and order maintained therein, and for the purpose to visit the schools as soon as may be after their appointment, and as often at least as once in three months afterward during their term of office. (2) It shall be their duty, from time to time, with the concurrence of the superintendent to give such directions in respect to the management and improvement of the school and the advancement of the pupils as seem, in their judgment, to be called for. (3) They shall also have power to purchase suitable maps and apparatus of illustration. Art. LX. Officers of the House of Refuge; Their Tenure of Office; Mode of Appointment and Removal, and Duties— (1) The officers of the House of Refuge shall be a superintendent and one or more assistants; a teacher and one or more assistants; one engineer; one physician, and such other officers as the Board of Managers may appoint from time to time, as may be required, who shall hold their offices during the pleasure of the Board. (2) Such general officers shall be elected by ballot at the annual, or at a stated meeting of the Board. (8) The mode of appointment shall be as follows: the members of the Board shall openly nominate such person or persons as they may think fit for the office which is about to be filled. (4) The president of the Board of Managers shall nominate all assistant officers to the Board of Managers, who may confirm or reject the same. (5) The president and CHARITIES AND CORRECTIONS. be empowered to render sentence of imprisonment in the Penitentiary or the County Jail, or in the City Work- house, against any person convicted in either of said courts, who is a male under sixteen or a female under fifteen years of age, and who is a resident of Louisville, it shall be lawful for either of said courts, at their acting committee may provide temporarily for such vacancies as may occur in the offices of the House of Refuge. (6) It shall be the duty of all the officers of the House of Refuge, except the physician, to remain constantly at the House of Refuge, and none of the subordinate officers shall leave without the permission of the superintendent. (7) All the subordinate officers shall act as aids to the superintendent in preserving order among the delinquents; they shall also perform such other services as shall be required of them from time to time by the superintendent. Superintendent and Assistants——(1). It shall be the duty of the superin- tendent to take charge of the House of Refuge, to see the subordinate officers are punctual and faithful in the discharge of their duties, and that the regulations of the institution are carefully observed. (2) He shall enter on books, to be provided for the purpose, the name and age of every delinquent, with a brief description of his person, the time when he was received, the place from which he was sent, the delinquency for which he was com- mitted, and the time when he was discharged; and if apprenticed or put to service, the name and place of residence of the person to whom he was apprenticed or put to service; and in case of death, the time and cause of his death, together with such other facts relating to his history as he may think worthy of preservation. (8) He shall keep a journal, in which he shall record daily everything worthy of notice, which shall be submitted to the Board at its stated meetings. (4) He shall, under the direction and advice of the acting committee, procure the necessary supplies of the House of Refuge, shall purchase such materials as may be wanted for the employment of the delinquents, and dispose of the articles manufactured by them, and of such of the products of the farm as are not wanted for use. (5) In case the Board shall provide employment for the inmates, on account of the institu- tion, he shall keep an account of purchases of material, and the cost of delivering the same at the House of Refuge, and all moneys received for manufactured articles and products sold. (6) He shall keep an accurate account of the current expenses of the institution. He shall also, on the first day of January in each year, submit a report in writing to the Board of Managers containing the name.of every delinquent over sixteen years of age who shall then have been in the House for more than two years without being reformed as in his judgment to be a fit subject for discharge, or being apprenticed or put to service. (7) He shall in person inspect daily every part of the House of Refuge, and have a watchful care over the subordinate officers and all inmates of the House of Refuge. (8) It shall be his duty especially to see that visitors are not admitted at improper times, and that no clandestine correspondence is carried on betwen them and the delinquents. (9) He shall be responsible for proper discipline of the delinquents, and may 123 124 \ CHARITIES AND CORRECTI( NS. discretion, in lieu of the punishment aforesaid, to order the commitment of such juvenile offender to the Louis- ville House of Refuge whenever the same shall be prepared for the receiving of such offenders. If such conviction be had in the Circuit Court for Jefferson County, the offender, if a male, may be committed to said House of Refuge until he is twenty-one years of age; orif a female, until she is eighteen years of age. If such conviction shall be had in the City Court of Louisville, the offender may be committed to the House of Refuge for the first offense for a term not exceeding one year; for the second offense, if amale, for sucha space of time until he arrives at twenty-one years of age; and if a female, for such a space of time until she arrives at eighteen years of age. 26. Any male under sixteen or female under fifteen years of age, being a resident of The City of Louisville, who shall be guilty of such vicious or immoral conduct and idle or mischievous courses, as shows them to be beyond the proper control of their parents or guardians, at any time discharge any of the subordinate officers. (10) He shall not be absent from the House of Refuge for a day, unless in case of emergency, without permission of the president or acting committee. (11) The assistant superintendent shall aid the superintendent, under his direction, in the discharge of his duties, and in case of his death, absence, or inability, shall fill the place for the time being. Teacher and Assistants—(1) The teacher and assistant teachers shall’ have charge of the delinquents during the hours appropriated for study, and shall be responsible for their conduct while under their direction. They shall also impart to them, from time to time, as well upon the week days as upon the Sabbath, suitable moral instruction, with a view to inspire them with correct principles of action, and improve their habits. (2) The teacher shall also act as librarian, and shall keep a regular list of the books and maps belonging to the library; all to be under the control of the superintendent. Physician.—(1) The physician shall visit the House of Refuge, and inspect the delinquents, with a view to ascertain the state of their health, every day in the week, excepting on the Sabbath, and on that day when sent for, and shall make such suggestions to the superintendent as he shall think need- ful in regard to the delinquents, and the best method of preventing disease. (2) He shall attend promptly all calls in cases of! sickness, and shall repeat his visits as often as the superintendent shall think needful. Art. X. Amendments.—Any of the foregoing rules may be altered or amended, upon notice given in writing at one stated meeting previous to the change being made. CHARITIES AND CORRECTIONS. 125 and that their future welfare requires that they be placed in said House of Refuge, may, on the petition of his or her parent or guardian, filed in the City Court of Louis- ville, verified by the affidavit of the petitioner, and on satisfactory proof to said Court of those facts, be placed in said House of Refuge, there to remain, if a male, until twenty-one years of age; if afemale, until eighteen years of age, unless sooner discharged. 27. Any such offender, described in the preceditig Sec- tions, who has been duly convicted of any penal offense within said City, or by the judgment of a court therein has been sentenced to imprisonment or to pay a fine, may, and shall, on due proof of said facts, and on satisfactory proof that such offender is of the vicious and idle char- acter and is beyond the control of his or her parent or guardian, be committed to said House of Refuge by the Louisville City Court, there to remain as provided in the preceding Section. 28. Where any young offender, a resident of The City of Louisville, as described in either of the two preceding Sections, shall be arrested and brought before any officer having the power to commit a child to said House of Refuge charged with any crime or misdemeanor, such person shall be entitled to and shall have a private ex- amination and trial, to which only the parties to the case and the witnesses testifying shall be present, unless the parent, guardian, or person having charge of said child shall demand a public trial; and the officer before whom said trial shall be held shall ascertain from the witnesses, and shall state in the commitment the religious per- suasion of the child, or, if too young, of its parents; and no child committed to the House of Refuge shall be apprenticed by the Board of Managers to a person of different religious persuasion from that stated in the commitment, unless consented to in writing by the parent or guardian, or person having charge of said child. If the parent, guardian, or person having charge of said child shall be shown to be a person incompetent and of such 126 CHARITIES AND CORRECTIONS. habits as disqualify him or her to properly control or man- age his or her child or children, then the written consent herein required to bind out said child or children shall not be necessary. The fact of this incapacity shall be determined by a jury upon due and satisfactory proof, and stated in the commitment; but no parent shall be adjudged to be disqualified unless duly summoned to appear before said Court, and reasonable time allowed him or her to procure the attendance of witnesses. 29. No commitment shall be ordered unless the parent, gcuardian, or the person having the charge of said child, provided there be a parent, guardian, or person having the charge of said child, a resident of The City of Louis- ville, shall have actual or constructive notice of the arrest of said child; and reasonable time shall be allowed for the procurement of witnesses and their attendance at the trial, nor for a longer term than is provided for in the third Section of this amendment. 30. In all cases where commitments are had in the City Court an appeal may be taken to the Jefferson County Court in ten days after said commitment by the parent, guardian, or person having charge of said child; and if no parent, guardian, or person having the charge of said child, then the next friend of said child; or at any time within six months after the date of said commitment, if the parent, guardian, or person having charge of said child, did not have actual notice of the time and place of the examination or trial; such appeal shall be perfected by filing in the Clerk’s office of the County Court for Jefferson County an affidavit of the child, or its parent, guardian, or person who had the same in charge, or by the next friend of said child, within the times prescribed above; and if the affidavit be not filed within ten days after the commit- ment, it must state that it was made within twenty days after the knowledge came to the affiant, or show good cause why it was not made within said twenty days; and every such affidavit shall state that the appeal CHARITIES AND CORRECTIONS. 127 is not prosecuted for vexation or delay, but because he or she is aggrieved by the judgment rendered therein; upon the filing of the affidavit aforesaid with the Clerk of the County Court for Jefferson County, said Clerk shall issue a summons commanding the Clerk of the City Court to proceed .and file in his office all the papers pertaining to the case, and then the County Court shall proceed to try the case as other appeals are tried in said court. 31. When any commitment shall be had, a certified copy of the record relating to said commitment, the cause of the same, efc., shall be filed with the secretary of the Board of Managers, and by him preserved as an official paper. 32. No child committed to said House of Refuge shall be apprenticed nor employed by the Board of Managers for said House out of the State of Kentucky. 33. After said Board of Managers shall apprentice any child committed to the House of Refuge, the County Court of Jefferson County shall have full power and authority to determine all controversies arising between the apprentice and master, as in other cases provided in the Revised Statutes. 34. A child committed to the House of Refuge may be discharged by the Governor of Kentucky, and any such officer or person as may be empowered by the by-laws of the institution. 35. Where a child shall be committed to the House of Refuge upon the petition of the parent, guardian, or person having the same in charge, as provided herein, the parent, guardian, or person having the same in charge, shall, if they have sufficient means, pay to the Managers of said House of Refuge a sum sufficient to pay the charges for the support and maintenance of said child while in said House of Refuge, not) exceeding twelve dollars for each month. 36. The ministers of all religious denominations shall CHARITIES AND CORRECTIONS. An het tro amend the charter of the House of Ret- uge. Approv- ed Jan.27, 1866. be privileged to visit the inmates of said House of Refuge at any time between the hours of 9 o’clocck A.M. and 4 o'clock P.M. 37. No other courts but the Circuit Court of Jefferson County, the City Court of Louisville, and the County Court for Jefferson County, as provided herein, are em- powered to commit to said House of Refuge; and all acts or parts of acts in conflict with the provisions of this act are hereby repealed. 38. The number of Managers for said House of Refuge shall be‘nine only, who shall be chosen and elected by the Genera] Council of The City of Louisville in the mouth of May, 1866, who, after their election, shall decide by lot so that three of said Managers shall hold office one year, three for two years, and three for three years; and each succeeding year three Managers shall be elected as aforesaid. A majority of said members shall constitute a quorum for the purpose of transacting all business appertaining to said institution. 39. For the purpose of carrying on and sustaining said institution, the General Council of The City of Louis- ville shall have the power, by ordinance or resolution, to levy and collect, as other taxes in said City are levied and collected, a tax of nat exceeding five cents on the one © hundred dollars on all the real and personal estate in said City, in each year, which is subject to municipal taxation. 40. The Judge of the City Court of The City of Louis- ville shall have the jurisdiction and power, when there are presented to him boys under the age of eighteen vears and girls under the age of sixteen years, resi- dents of said City, to hear and determine their cases, and, upon satisfactory proof of such vicious and immoral conduct and habits as he may think shall warrant the same, he shall make an order of court confining in said House of Refuge the said boys until they are respectively twenty-one years, and the girls until they are eighteen CHARITIES AND CORRECTIONS. years old. And the said Judge shall have no power to release any of said persons so confined after ten days shall have expired after the order of commitment. But at the time of commitment, or within ten days thereafter, any parent, guardian, or next friend may, upon applica- tion to said Court, by executing bond with good security to the commonwealth of Kentucky in a sum to be deter- mined by said Court for the good behavior of said child, have him or her, so ordered to be committed, released. 41, The Judge of said Court shall have jurisdiction to forfeit said bonds and to enforce the collection of his judgment of forfeiture as in other cases of forfeiture of bail-bonds or recognizances in said court; and all such forfeitures shall be paid to The City of Louisville and applied by the General Council toward sustaining said House of Refuge. 42. The charter and amended charters are so amended that the courts shall have no power to commit to said House boys who are over the age of sixteen years nor under the age of seven years old. It shall be the duty of the courts to certify the age of said boy in the order of commitment. 43. The members of the Board of Managers of the House of Refuge shall be exempt and free from service as jurors in the commonwealth from and after this date. 44, Any person who shall aid, assist, or abet any male or female to escape from the Louisville House of Refuge, or shall harbor or conceal such persons knowing them to have escaped, shall, on conviction, be fined not less than one hundred dollars, or confined in the County Jail not less than thirty days, or both, at the discretion of the jury. 45. The land belonging to The City of Louisville, known as the ‘‘Oakland Cemetery,’ is hereby donated, set over, and dedicated to the use of the Louisville House of Refuge, as provided in this ordinance. When the Board of Managers of the Louisville House of Refuge shall have procured lots in Cave Hill Cemetery, and shall have 9 An act to amend the charter of the Louisville House of Ref- uge. Approved Jan. 31, 1867. An act ex- empting the Board of Man- agers of the House of Ref- uge from serv- ing on juries. Approved Feb. 27, 1867. An act in re- lation tothe punishment of persons aiding in the escape of inmates from the Louisville House of Ref- uge. Approved Mar. 29, 1878. Ordinance, approved Mar. 27, 1860. 130 CHARITIES AND CORRECTIONS. disinterred all the persons now buried in Oakland. Cemetery and shall have reinterred them in Cave Hill Cemetery an shall have satisfied all persons owning lots in Oakland Cemetery, the Mayor is hereby author- ized and directed, and for and in the name of The City of Louisville, to make a conveyance of said land to the president and Board of Managers of the Louisville House of Refuge and their successors in office, to be by them held for the exclusive use and benefit of said House of Refuge, except as further provided in this ordinance. The Board of Managers of said Louisville House of Refuge, as a consideration for setting over to them the land aforesaid, shall set apart and lay out not less than forty acres of said land in one body, and with the means they have, ornament and embellish it for a pub- lic park, and assist to open, grade and pave; or gravel an avenue sixty feet wide from The City to said park, by extending such street as the said Board of Managers may think most advisable, but the whole grant shall be under the exclusive patrol and government of the Board of Managers of said institution. Should the object of the incorporation of the said Board of Managers of the Louis- ville House of Refuge not be carried out, or should it be necessary to change the location of said institution from the land hereby donated, then said land shall revert to The City. The Board of Managers shall not at any time apply for or accept any amendments to their charter from the legislature of Kentucky without first submitting and having the proposed amendment approved by the General Council. The General Council reserves’ the right to pass all such ordinances as they may deem necessary for the good government of said House of Refuge, and the park thereunto attached, which are not inconsistent with the constitution and laws of the State. The Board of Mana- gers shall not bind out any child to any person whatever without the consent of said child. Upon a violation of any of the provisions of this ordinance the land and improvements shall revert to The City. | CHARITIES AND CORRECTIONS. 131 46. The Managers of the House of Refuge are hereby authorized and empowered to sell so much of the House of Refuge tract of land as is situated west of the National Turnpike Road, or west of the line of the Louisville and Nashville Railroad. 47. So much of the ordinance and of the agreement in pursuance thereof as requires the Board of Managers of the Louisville House of Refuge to set apart and lay out not less than forty acres of the land conveyed by The City of Louisville to the president and Board of Managers of the Louisville House of Refuge and their successors,. and to ornament and embellish it for a public park, is hereby repealed; and the ground so set apart for a public park is hereby placed under the management and control of the president and Board of Managers aforesaid, to be converted and used for farming or gardening purposes, and cultivated by the inmates of the House of Refuge. But the General Council reserves the right to pass and enforce all such ordinances and resolutions as they may deem proper in regard to the occupancy of said ground and the manner in which it shall be used. 48. The Auditor be directed to draw his warrant monthly upon the Treasurer, upon the certificates of the president and secretary of the Board of Directors of the House of Refuge for such sum or sums of money, not to exceed the appropriations, as may be necessary to defray the expenses of said House of Refuge, the same to be charged to the account of the House of Refuge. 49. D. L. Beatty, 8. 8. Goodwin, B. O. Davis, Samuel Casseday, E. A. Gardner, and Patrick Maxcy, are hereby created a body corporate, by the name and style of ‘‘The Cook Benevolent Institution; by that name they may take and hold property, sue and be sued. They shall be managers of said Institution, and shall hold their offices for the term of six years. “The Mayor and and Council of The City of Louisville shall, in the month Ordinance, approved Oct. 10, 1871. Ordinance, approved Dec. 15, 1866. Ordinance, approved July 11, 1865. An act to incorporate the Cook B enevo- lent Institu- th LO Dir tagke Bm proved Feb. 17, 1846. 132 CHARITIES AND CORRECTIONS. of May of each year, appoint one manager, who shall hold his office for one year. In the event of the death, resignation, or removal from The City of any of the man- agers, the remaining managers shall have power to fill such vacancy. The managers shall have power to expel any member for cause, except the appointee of the City Council, and fill the vacancy so occasioned. The said Insti- tution shall have the right to receive from the executors of Samuel H. Cook the property devised by him as afore- said, and it shall be the duty of said Institution to apply the rents and profits of the land so received to the benevo- lent uses indicated by his said will. The said Institu- tion shall have the power to take and hold donations and bequests of property for charitable uses, but for none other. The said Institution shall have no power to buy or sell property, but may improve property given or bequeathed for the uses aforesaid. It shall be the duty of the managers, in the month of May of each year to report to the Mayor and Council of The City of Louisville the condition of the trust property, together with a full statement of their acts for the past year. The managers shall have the right to appoint a treasurer, and may take from him bond, with surety, for a faithful discharge of the duties of his office, and to appoint a collector, taking from him like bond; they shall also have the right to make a fair compensation to their treasurer and collector. Philip R. Gray, James Marshall, John C. Wenzel, Henry Pirtle, Joshua B. Bowles, and John M. Talbott, executors of said Samuel H. Cook, and the Mayor of The City of Louisville, shall be the visitors of said institution. When the term of any manager shall expire, he shall be reeligible to the office, and when a vacancy in the board of Managers shall occur by lapse of time, death, resig- nation, removal, or expulsion, such vacancy shall be filled by some resident of Louisville of the same Chris- tian denomination as that of the preceding manager, if such one can be obtained. The General Assembly may, at any time, modify, change, or repeal this charter. CHARITIES AND CORRECTIONS. 90. The same shall be and is hereby revived and con- tinued in force, and that Anderson Buchanan, Benjamin O. Davis, David L. Beatty, Samuel Casseday, E. A. Gardner, and M. Cody shall be the corporators and managers of said Institution, together with the member to be appointed by the Mayor and General Council of The City of Louisville. And to keep said corporation in existence, the said corporators shall, by lot as may be, fix the time of service of each one of the persons whose names are mentioned herein to be one, two, three, four, five, and six years, in series, from the time of such allot- ment, and each year a vacancy shall be filled by those remaining in office; and the person so appointed shall hold his office for six years, and until his successor shall be appointed. 51. It shall be lawful, and the managers of the Cook Benevolent Institution are hereby authorized and empow- ered to establish, erect, and superintend an hospital for sick and infirm persons, in or near The City of Louisville, and to make all needful by-laws and regulations for the management of the same; and for the purpose aforesaid it shall be lawful for said managers to acquire and hold real estate not exceeding ten acres of land, and to appro- priate all the rents, issues, and profits of the property now belonging to said Institution for the purpose or pur- poses aforesaid. That for the establishment, erection, management, and support of said hospital, the managers of said Institution are hereby authorized and empowered to raise by subscription, and to take by gift or devise, any sum or sums of money, the interest upon which shall not exceed the sum of ten thousand dollars per annwm. That the managers of said Institution are hereby author- ized and empowered to raise by loan the sum of two thousand seven hundred dollars, the same being now required to pay for improvements on the grounds belong- ing to said Institution, and devised by the will of Sam- uel H. Cook, deceased; and to secure the payment of the same a len be, may andis hereby authorized to be reserved on the grounds and improvements aforesaid. An act to re- vive and con- tinue an act to incorporate the Cook Ben evo - lent Institu- tion. Ap- proved Mar. 7, 1854. An‘act to amend an act entitled An act to revive and continue an act to incorporate the Cook Ben- evolent Insti- tution, approv- ed Mar. 7, 1854. Approved Feb. 28, 1867. 134 CHARITIES AND CORRECTIONS. AT ALG 40 amend an act entitled An act to revive and continue an act to incorporate the Cook Ben- evolent Insti- tution, ap- proved Mar. 7, 1854. Approv- ed April 25, 1884. 92. Whereas, there are doubts as to the right and power of the Cook Benevolent Institution to sell and convey any of its real estate; and, whereas, it is advisable in the administration of the trusts and purposes of said Institution, on account of the nature, situation, and con- dition of its property, sometimes to sell portions thereof, and to change the investment into other and more desir- able property for the general purpose of the Institution, and to produce a larger and more certain income: 93. The Cook Benevolent Institution is hereby author- ized and empowered to sell and convey any of the real estate which it now holds under the last will and testa- ment of Samuel Hinman Cook, and any of the real estate which it has acquired by deed, conveyance, or otherwise since the act incorporating said Institution, and any other real estate whichit may hereafter acquire, not inconsistent with the deeds or wills through which the same may be acquired, and the proceeds of any and all such sales and: conveyances are to be reinvested, upon the same trusts in which the property to be sold and conveyed is and was held by the said Institution, in other suitable real estate in The City of Louisville or County of Jef- ferson in the State of Kentucky; provided, however, before making any such sale or conveyance, the said Institution shall file a petition in the Louisville Chancery Court, to which The City of Louisville shall be made a party defendant, setting forth the reasons why such sale would be proper and equitable; which may be contro- verted, and which may be sustained or controverted by satisfactory affidavits or proof; and the Court shall au- thorize and approve the sale and conveyance when proper or advisable, for cash or on such terms as to cash and credits as it may deem proper, and the sale may be made by said Institution, through its board of managers, at private sale, or, if deemed preferable, at public auction, on such advertisement and notice as to time and terms and place of sale as the Court may order. The purchase- money shall be paid by the purchaser into court, and CHARITIES AND CORRECTIONS. liens shall be retained on the property sold for all deferred payments, and the Court shall have power to enforce the payment of the purchase-money by order of court, and by proceedings as for contempt if they are not obeyed. But such sales shall only be for reinvestment, or for the purpose of improving other real estate that the said Institution may hold, and the reinvestment and improve- ments shall be made in similar property in said City or county to be held for the same uses, trusts, and purposes, under the direction and with the approval of the Court. 54. The Judge of the City Court of Louisville shall have the jurisdiction and power, when there are pre- sented to him girls between the ages of sixteen and eighteen years, residents of The City of Louisville, charged with being common bawds or prostitutes, to hear and determine their cases; and, upon satisfactory proof that they are such common bawds or prostitutes, and that, from their habits and character, there is no probability that they will reform and lead virtuous lives, he shall make an order of court committing them to-the care of the Sisters of the Good Shepherd, in their Insti- tute of St. Xavier for the reformation of vicious women in said City; and said bawds or prostitutes shall remain in said Institute until they attain the age of twenty-one years. Any girl so committed, as provided in Section 1, shall remain at said Institute of St. Xavier until she attains the age of twenty-one years, and shall, during the time of her commitment, be subject to the rules and orders governing said institution. The mother superior, or other officer or person in charge of said institution, shall have the power to discharge any girl committed to the same before she attains the age of twenty-one years. It shall be unlawful for any girl committed to the said institution to escape thence before the expiration of her sentence; and any one aiding or abetting any girl in making such escape, shall be fined not less than twenty dollars nor more than two hundred dollars on warrant of arrest before the City Court of Louisville. 135 An act to provide for the reformation of a certain class of prostitutes in The City of Louisville. Ap- proved Apr. 8, 1880. 136 An act to amend an act entitled An act to amend and reduce into one the several acts organizing and regulating the lunaticasylums of the State, ap- proved Mar. 20, 1876, and all acts amend- atory thereof. Approved Jan. 26, 1882. CHARITIES AND CORRECTIONS. 99. All pauper idiots, epileptics, and harmless, incur- able lunatics that have been, or may hereafter be returned by the asylums in which they may have been, or may be confined, to the several counties, shall be delivered into the custody of their friends, if any; if not, then to the County Judge thereof, if they be residents of and sent from the County of Jefferson outside of The City of Louisville; and to the Mayor of The City of Louisville, if they be residents and sent from said City, who shall make suitable provision for their keeping out of the annual seventy-five dollars’ appropriation now allowed such persons by law. This act shall apply only to Jef- ferson County and The City of Louisville. k@s> Sec FINES AND MISDEMEANORS— GENERAL CouNCcIL— TAXATION. (OAs B24 sel Pl Oe ate ke * CISTERNS, WELLS, AND HYDRANTS. COON TENDS. 1. Power of the General Council to cause the digging and walling of wells and cisterns, and the placing of fire-plugs and attachments; appor- tionment of the costs thereof. 2. The manner of constructing public cisterns; plans prescribed. 3. The apportionment of costs of making cisterns. 4, How contracts for cement-prpe wells shall be executed. 5. How contracts for brick wells shall be executed. 6. How contracts for wells of gal- vanized-iron pipe shall be executed. 7. Contracts for keeping in repair the public wells and pumps. 8. Directions to contractors. 9. The erection and cost of fire- hydrants; duties of the Louisville Water Company. 10. The use and maintenance of hydrants; apportionment of cost of erecting. 1, The General Council shall have power to cause the digging and walling of public wells and cisterns, and placing fire-plugs and attachments to the street water- pipes on the public ways within The City, and to appor- tion the cost thereof against the owners of lots fronting the public ways to the middle of each square from the intersection at or near which the work shall be located, or any other equitable mode of apportionment which said Council may prescribe by ordinance; and liens shall exist against such lots for the respective apportionments with like effect and like remedies as provided in Sec- tion 12 of this charter,! for the improvement of public ways. 1As amended by the act of March 24, 1882, g.v. in Chapter xxxvi, post. The charter, act of March 8, 1870. Sec. 14. 138 Ordinance, approved Oct. 11, 1877. CISTERNS, WELLS, AND HYDRANTS. 2. Unless otherwise provided for, all cisterns within said City shall be constructed in accordance with one of the two plans herein mentioned. Plan No. 1: cisterns to have vertical sides, concave bottom, and convex crown, and one opening in the center of the crown. Plan No. 2: cistern to have a circular cross-section, whose interior diameter shall be ten feet, with vertical end-walls, built according to the plans on file in the City Engineer’s office, and two openings, one at each end of cistern. Hacavation: The pit or trench in which the cistern is made shall be of sufficient size and of such shape as to admit the brick-work of the cistern of the capacity re- quired. The cistern shall be so constructed as to contain not less than two hundred nor more than one thousand barrels, and the approximate capacity shall be named in the ordinance providing for the work. Shoring and Bracing: When, in the judgment of the City Engineer, the character of the ground shall be such as to require propping and bracing, it shall be done by the contractor without extra charge, with such timbers as may be deemed by the City Engineer necessary for the safety of the work and of the public; but no interference with the plans of the contractor on this point will be exercised unless the public safety is endangered by defect in plan of execu- tion or by neglect on the part of the contractor. Lrick- Work— (Plan No. 1): The vertical side-walls to be com- menced on a foundation whose base is twenty-one inches thick and twenty-one inches below the intersection with the bottom of cistern, and shall be stepped back at regu- lar intervals until the side-wall is one and one half bricks in thickness at a distance of four feet from the bottom of the cistern. The ground in the bottom of the cistern shall be properly shaped and then grouted. On the ground thus prepared shall be laid a course of brick flat- wise, and then grouted. On this course another course shall be laid flatwise, in cement-mortar, and hustled so as to fill both vertical and horizontal joints. When the bottom is composed of sand or gravel, a third course of CISTERNS, WELLS, AND HYDRANTS. walls, one and one half bricks in thickness. It shall be course. The crowning arch shall be a half-sphere, with brick, and shall be laid in the same manner as the second constructed by a pattern according to the City Engineer’s direction. Nine inches of the crown shall be laid as headers; the other four inches as stretchers. The arch- work shall be laid truly to the drawings and dimen- sions given. Brick - Work—(Plan No. 2): The walls of cisterns to be one and one half bricks in thick- ness. They are to be constructed by templets. and centers furnished by the contractor. The end-walls are to be three bricks in thickness where they join up with the circular work, and are to be stepped back at regular intervals until one and one half bricks thick. The ground for the invert shall be properly shaped by the templets to receive the brick-work. The brick shall be laid by line in concentric rings of one half brick’s thickness each. The brick of each course shall be laid stretchers, breaking joints with those in the adjacent course. They shall be well bedded and joimted in the mortar at the bed, side, and ends of each brick. There shall be at least one half inch of mortar between the rings of the brick-work. The centering shall not be struck until the trench is filled at least one foot above the cistern. Great care must be taken that the joints next the keys of the arch are well filled with cement-mortar. Two openings shall be worked in the crown of the arch, whose diameter shall be two feet six inches. Brick: The brick used shall be of the best quality of hard-burned brick. They shall be well saturated with water before being laid. Cement: The cement used shall be of the best quality of hydraulic cement, quick-setting, and capable of bearing a tensional strain of forty pounds per square inch when mixed neat and allowed thirty minutes to set in the open air. Every facility must be given the City Engineer to test the cement and no cement shall be used until received by the City Engineer. Mortar: The mortar to be used in the brick- work, unless otherwise ordered by the City Engineer, shall 139 140 CISTERNS, WELLS, AND HYDRANTS. be made by mixing one part of cement and two parts of clean, sharp sand; no mortar to be used after it has com- menced to set. No water from the gutters to be used in mixing the mortar, but the water must be clean. Vessels of suitable capacity must be furnished to measure the cement and sand. Plastering: The interior surface of the cistern shall be well plastered with two coats of cement made to the satisfaction of the City Engineer. Lack- fill: All space between the sides of the pit and the walls of the cistern shall be well filled in and carefully ram- med as the brick-work progresses. The filling over the arch shall be carefully made in layers and rammed until it is firm and solid. Castings and Street Paving: The openings in the top of the arch shall be covered with a cast-iron cap of approved pattern. This cap shall be surrounded with a single nine-inch course of limestone block-paving, laid with joints radiating from the center. The other portion of the paving over the cistern shall be made similar to the street pavement in which the cistern is constructed, either limestone, bowlder, or otherwise. The cistern shall. be connected with pumps, if no water- pipes are near, and when so connected it shall be with three-inch cast-iron pipes not heavier than thirteen pounds per foot. It shall be connected with the water- works pipes where these. extend. The cistern shall be filled with water at the expense of the contractor, and its holding capacity tested and certified to by the Chief of the the Fire Department before the work is received. Work in progress shall have full and sufficient barricades to prevent injury or accidents to persons, teams, or vehicles during its construction. No cistern shall contain less than two hundred nor more than one thousand. barrels, of four and twenty-one one-hundredths cubic feet per barrel. General Requirements: All materials used in the work shall be of good quality and such as the City Engineer shall approve, and all inferior materials condemned or rejected by the City Engineer shall be removed from the site of the work at the expense of the contractor, as well CISTERNS, WELLS, AND HYDRANTS. 141 as all rubbish, surplus, and refuse materials; and when the whole or any part of the work does not, in the opinion of the City Engineer, comply with these specifications and the directions and instructions of said City Engineer, then it shall be made to conform thereto at the expense of the contractor. If the contractor shall fail to employ a force sufficient, in the opinion of the City Engineer, to com- plete the work in the time specified, the Mayor may employ the necessary force to complete the work at the expense of the contractor. The contractor shall keep his work ina good state of repair for six months next after the work shall have been received by the General Council. The work shall be commenced as soon as the contractor is notified by the City Engineer after the confirmation of his contract by the General Council, and shall be contin- uously prosecuted until completion, which shall be within one month after he is notified by the City Engineer to proceed with the work. 3. Hereafter, unless otherwise specially provided in the ordinance ditecting the work to be done, the digging, walling,and construction of any cistern on any public way within the City limits, when made or placed at or near the intersection of public streets, shall be done at the cost of the owners of the lots of ground fronting said public streets to the middle of each contiguous square from the intersec- tion at or near which the cistern shall be located; and when made or placed in a public street, and not at or near an intersection as aforesaid, shall be done at the cost of the owners of the lots of ground fronting each side of said public way, between the nearest public streets crossing the same, and extending back in depth a distance equal to half-way the distance from the public way in which said work is done to the nearest public street running parallel thereto; and in each case the cost thereof shall be apportioned among the owners of the lots of ground according to the number of square feet owned by them respectively within the above-prescribed limits, and a lien therefor shall exist on said lots of ground. Ordinance, approved April 18, 1883. 142 Ordinance, approved Aug. 3, 1872. Ordinance, approved April 138, 1872. CISTERNS, WELLS, AND HYDRANTS. 4. In all wells dug and walled with cement-pipe the work shall be executed as specified below. The well shall be excavated to the dimensions necessary to allow the pipe to descend as the excavation proceeds, and sunk to such a depth that there shall be at least five feet of water in the well at the time it is received and for twelve months thereafter. The wall or curbing shall be cement- pipe two and one half feet inside the diameter and at least two inches and three quarters of an inch thick, and the material of which the pipeis composed shall be two parts of hydraulic cement, one part of clean, sharp gravel, and three parts of clean, sharp sand. The pipes shall be molded truly cylindrical and shall be properly seasoned before they are used in any work. They shall have rabbeted joints, and shall be free from flaws and cracks and sound in every particular. The joints shall be made with mortar composed of one part of hydraulic cement and two parts of clean, sharp sand, so that the wall when finished shall be impervious to water. The work and all materials used therein shall be of good quality and such as the City Engimeer shall approve. Contractors for digging, walling with cement-pipe, finishing and euaran- teeing any well under contract with The City of Louisville shall, before commencing the work, give good and ample security for the faithful performance of the requirements -of this ordinance. ). All wells dug and walled with brick, under contract with The City of Louisville, shall be dug or finished in a circular form, and be three and a half feet in diameter in the clear and sunk to such a depth that there shall be at least five feet of water in the well at the time of its being received and for twelve months thereafter; to be walled up with a nine-inch wall of hard and straight new bricks, laid in regular course of headers, and well rammed in from behind with clay and_ puddled eight feet below the top, to show close joints, both vertical and horizontal, on the face. The walls shall be carried up straight and plumb. The wall within eight feet of the top shall be CISTERNS, WELLS, AND HYDRANTS. laid in water-line and well grouted, being perfectly cir- cular horizontally and perfectly straight vertically; and all to be done in a neat, strong, and workmanlike manner. Contractors for digging, walling with brick, and guaran- teeing and finishing wells under contracts with The City of Louisville, shall, before commencing the work, give good and ample security for the faithful performance of the requirements of this ordinance. 6. All wells of galvanized-iron pipe shall consist of a galvanized wrought-iron tube of one quarter of an inch in thickness and three inches in diameter, which shall be sunk in the ground by means of a sand-bucket to a depth of not less than twenty-five feet below low-water level of the Ohio river, or to a point not less than forty- five feet below the ‘level of the water-bearing strata at each place where the wells are to be sunk. After the’ galvanized-iron pipe has been sunk to the required depth, it shall be drawn up five feet seven inches, and there shall be slipped down on the inside of the iron tube a strainer two and one half inches inside diameter, to which shall be attached, by means of a brazed joint, a copper chamber two and nine sixteenth inches inside the diameter and twenty-one inches in length. The strainer shall be slipped down until the bottom rests on the - bottom of the well, leaving two inches of the copper chamber in the end of the iron pipe. The top of the copper chamber. shall be securely fastened to the iron pipe by means of a cold-lead joint. Great care must be used in sinking the pipe so as not to injure the thread thereon. If they do become injured in any way they shall be drawn up and new threads cut on the same. When the pipe is sunk in old wells it shall be securely braced at each joint of the pipe. The contractor shall keep the wells in perfect working order at his own expense for one year after its acceptance by the General Council. The working machinery for the pumps for galvanized-iron wells shall conform with the drawings on file in the City Engineer’s office, and shall consist . 143 Ordinance, approved. Mar. 25, 1884. 144 CISTERNS, WELLS, AND HYDRANTS. principally of a wooden stock or log, with iron standards, handle and spout attached to same, wooden piston or suction-rod, or gaspipe piston or suction-rod, and hard rubber valves with metal seats. The pump-stock shall be eight inches square at the top, with a bore of four inches. The top of the stock shall stand three and one half feet above the platform. The stock shall have a total length of not more than ten feet. Great care is required to be used so that the center line of the guide-bar and the center line of the valve-chamber shall coincide. The spout shall be bolted to the log. The suction-rod shall be of well-seasoned ash, one and three quarter inches square, straight grained and free from flaws or any imper- fections; or of gaspipe, one half to three quarter inches in diameter, to be controlled by guides to prevent vibration by buckling as shown on the plans on file in the City Engineer’s office. The copper cylinder, strainer, union piece, and valves shall be connected, as shown on the plans. The strainer shall be of any one of the follow- ing described plans, as ordered by The City: Strainer Vo. 1 shall consist of a brass tube, ‘two and one half inches inside diameter, four feet long. It shall be per- forated on the inside by means of a beveled saw; said perforation shall be not less than one nor more than one and one quarter inches in length, nor more than one thirty-second of an inch in width. The perforations shall be arranged in such a manner as not to impair the strength of the tube, the bottom of which shall be closed with a bail-plug. The area of the perforations in the aggregate shall be at least twice the area of the copper chamber, calculated from the inside diameter. Strainer Wo. 2 shall consist of a brass tube, two and one half inches inside diameter, four feet long, with no less than two hundred holes five eighths of an inch in diameter. These holes shall be counter-sunk and furnished with No. 40 brass wire-cloth, strainer fastened in place by means of brass washers. ‘The end shall be closed by means of a bail- plug. Strainer Vo. 2 shall consist of a galvanized-iron CISTERNS, WELLS, AND HYDRANTS. tube, two and one half inches in diameter and four feet long, perforated with no less than two hundred holes five eighths of an inch in diameter. These holes shall be counter-sunk and furnished with No. 40 brass wire-cloth, strainer securely fastened in place by means of brass washers. The bottom of the strainer shall be closed by a bail-plug, which shall be securely fastened. The con- tractor must in all cases guarantee the perfect efficiency and working of the strainer, that it will allow no sand to enter the tube and be pumped up with the water after a sufficient time has been allowed for forming a good gravel filter-bed around the strainer. Strainer Vo. 4 shall consist of a brass tube, two and one half inches in diameter and four feet long, perforated with no less than two hundred square holes five eighths of an inch square. These holes shall be counter-sunk and furnished with No. 40 brass wire-cloth, strainer securely fastened in place by means of brass washers. The bottom of the strainer shall be closed by a bail-plug, which shall be securely fastened. All claims for royalty on the strainer or any part of the pumps will be assumed and paid for by the contractor. The platform shall be of stone flagging not less than three inches thick and four feet long and four feet wide. It shall be made in two pieces so as to fit up tight around the pump-stock. ‘The edges and top shall be either sawed or bush-hammered. The stones shall be laid on their natural bed and be free from seams or flaws of any description and equal in every respect to the Bedford stone. Painting: The whole of the wooden log or stock and all iron-work above the platform shall receive two good coats of good paint of the best quality. The wood to be painted a dark gray color and the iron a dark olive color. The painting must be done before the work is delivered on the ground and must be done in a neat and workmanlike manner. Vevw Wells: A circular pit or well three feet in diameter shall be dug to the depth of the bottom of the wooden log. The pit to be lined with a nine-inch brick wall laid in cement. After the log has been attached to the pipe to 10 146 CISTERNS, WELLS, AND HYDRANTS. the satisfaction of the City Engineer, this pit shall be filled with clean, sharp gravel. Cast-/ron: The cast-iron shall be made of the best quality of iron; combining strength with hardness. All parts exposed to wear shall be hardened by chilling; all castings shall be free from sand-holes and all other imperfections. They shall be thoroughly cleansed and all feather-edges neatly removed so that they shall be smooth in all their parts. The metal in the tube of the spout shall be of uniform thickness and the interior shall be perfectly smooth. The union- piece shall have a thread cut on the inside of its lower end to admit of the pipe being screwed in it. Wrought- Tron: The wrought-iron shall be the best quality of com- mercial wrought-iron and will consist of nuts, bolts, and straps. These pieces shall be forged and finished in the shape and of the exact dimensions given in the drawing. Copper: The chamber shall be of seamless, drawn-copper tubing, two and nine sixteenths inches in diameter, and No. 12 Birmingham wire-gauge in thickness, and twenty- one inches in length. Valves: The valve-seats and guides shall be made as shown on the drawings and they shall be made of brass of nine parts good copper and one part good tin. They shall be cast of such size as to allow of their being turned down to a smooth surface, free from air-holes and flaws. They shall be threaded in a neat and workmanlike manner so as to receive the best quality of solid, spherical rubber valves. The upper valves shall be connected to the suction-rod with an iron rod, forked and fitted and punched for bolts, as shown on the drawings. The contractor shall be paid for the pumps per lineal foot; that is, the pump shall be measured from the top of the wooden log to the bottom of the brass strainer, and the contractor paid for that number of feet; and it is distinctly understood that this measurement includes all of the working machinery, excavation, labor, and every- thing necessary to make the pump perfect in every respect. The contractor shall also be paid for frame and platform. All apportionments for public wells of galvanized-iron CISTERNS, WELLS, AND HYDRANTS. pipe, ordered under the foregoing ordinance, shall be made in the usual manner as prescribed by the City charter. 7. Contracts shall be made annually for the Eastern and Western districts either separately or together, as the time may seem best, for keeping the public wells clean and in order and for making and keeping in repair the public pumps, which contracts shall expire on the thirty-first day of December in each year. The contractor shall give good security, to be approved by the Mayor and General Council, for a faithful performance of his contract. 8. Each contractor in his District, according to his contract, and in strict compliance with specifications in the Engineer’s office, shall put new, good pumps in new wells, and, whenever they are needed, in the judg- ment of the City Engineer, in the old wells also, and shall keep all public pumps and wells free from impurity, thoroughly cleaning each well at least once a year and oftener if necessary. He shall give and preserve to each well a strong and secure finish at the top, so adjusting the curb as to exclude the water from running into the well. He shall be paid monthly according to his contract price, upon the City Engineer’s certifying that he has kept and performed his contract. 9, The Louisville Water Company shall erect and maintain fire-hydrants upon the sidewalks of any of the public ways in The City where said Water Company’s distributing pipes are laid whenever ordered to do so by ordinance from said General Council. The Louisville Water Company shall, upon the erection and completion of each fire-hydrant, render an account to the General Council of the absolute cost of each such hydrant, which cost shall be paid by The City in such manner ‘as said General Council may provide. The Louisville Water Company shall determine the design of the fire-hydrants, keep them always in repair, and receive annually from The City for the use of each hydrant such sum as may be agreed upon hereafter. 147 Ordinance, approved Mar, LG 187. Ordinance, approved July 111870. 148 CISTERNS, WELLS, AND HYDRANTS. 10. The fire-hydrants thus erected upon the. public ways of The City shall not be used for any purpose except furnishing water to prevent and extinguish fires, unless a special permit be first obtained from The City of Louisville; and that any party or parties found using a fire-hydrant contrary to the letter and spirit of this ordinance shall be deemed guilty of a misdemeanor and pay a fine to The City for each offense of not less than five nor more than twenty dollars. It shall be the duty of the policemen to arrest, under warrant, any and all parties found using any fire-hydrant in violation of this ordinance. The cost of erecting fire-hydrants shall be apportioned among the owners of the ground according to the number of square feet owned by them respectively and a lien therefor shall exist on said ground. The apportionments of the cost for erecting said fire-hydrants shall be as follows: When placed or erected at or near an intersection of public ways it shall be done at the expense of the owners of the ground on each contiguous square half way to the next intersections; and when placed or erected in any public way, and not at any inter- section, it shall be done at the expense of the owners of the ground on each side of such street between the nearest streets crossing the same, and extending half way to the nearest streets running parallel to the street on which the work is done. pes™ See ConTRACTS — ENGINEER—FINES AND MISDEMEANORS—FIRE— Pupiic WAays— WATER. 8s Fo ead Ul ne, 1 CITY ATTORNEY. CONTENTS. 1. The office created; time of 5. The Council may fix salary at election; term and duties as a | any sum below a given maximum. counselor. ; 2. Duties as an attorney 6. Duties as to levies and assess- y 5 ments; tax suits; assistant 3. Qualifications and salary. : 5 4 4, Oath and bond of office. 7. Reports to the Council. 1. Within one month after the first general election for City officers under this charter, and on the first Tuesday in December, 1872, and on the first Tuesday in Decem- ber every third year thereafter, there shall be elected by the General Council of said City a City Attorney, to serve until his successor is elected and qualified, whose duty it shall be to give legal advice to the Mayor and mem- - bers of the General Council, the Auditor, Assessor, Re- ceiver of Taxes, Treasurer, and City Engineer, in matters pertaining to their official duties; and, if requested, such opinions shall be in writing and shall be preserved, by the officers receiving them, for reference. 2. It shall also be his duty to prosecute or defend all suits in the courts of Kentucky for and against The City of Louisville, and to attend to such other legal business as the General Council may require of him. 3. He shall have the qualifications of a Common- wealth’s Attorney, and receive such salary as may be fixed by ordinance, not exceeding four thousand dollars per annum, payable monthly out of the City treasury. The charter, act of March Oy elerOs 100. Sec. 150 OPEV "A TTORA GY An act to amend the charter of The City of Louis- ville. Became a law 187—., Sec. 8. An act to re- vise and amend the tax laws of The City of Louisville. Ap- proved May 12, 1884. Art v. Sec. 2 et seq. 4. Before entering upon the duties of his office he shall take such oath and execute such bond as may be required by ordinance. 9. The General Council of said City shall have power to increase the salary of the City Attorney of said City to any sum which, in the aggregate, shall not exceed the sum of six thousand five hundred dollars per annum. 6. Aside from the duties imposed by the charter of eighteen hundred and seventy, the City Attorney shall at all times, even unasked, point out to all departments of the City government all steps to be taken by each to make the tax-levy and assessment, both in the aggregate and in its details, binding and effective, according to its purpose. He shall, by himself or assistant, represent The City in all actions or proceedings to which it isa party, in name or in effect, that grow out of her demands for taxes. He shall, with the approval of the General Council, from time to time, appoint an assistant, who shall receive a salary, fixed by ordinance, of not over fifteen hundred dollars a year, from the City treasury, together with all docket-fees actually recovered. 7. On the first Thursday of July in each year the City Attorney shall report to the General Council all actions for taxes begun in the preceding year, with name of defendants, amounts sued for, form and nature of action, and name of court; also all judgments, dismissals, and collections made by suit or process; also a list of the bills which, under Section 7 of Article 4,1 were ripe for suit on the first day of the preceding May and not: yet sued upon, with his reasons for the delay. And in bringing any class of suits for taxes, except under Sections 7 and 8! of said Article, he shall follow the directions of the Council. Ba@srSee AcTS AND ORDINANCES — ASSESSOR— CONDEMNATION — CouURTS oF LAw— GENERAL CoUNCIL— OFFICES AND OFFICERS— TAXATION. 1 These Sections are inserted in Chapter xlili, post, and designated as above. isa eX ad MON ea CLAIMS. CORT ENT S:. 1. No warrants to be drawn ex- cept for claims duly allowed or cer- tified, and unless there is money in the. treasury applicable to their payment. 2. Appeal on delayed claims. 3. Contractors’ claims to be accom- panied with the Engineer’s certifi- cate. , 4. The Engineer’s certification reg- ulated. 5. Bills payable to The City. 6. Policemen’s and Street Inspect- ors’ claims. 7. Monthly pay-rolls to be reported. 8. The compromise committee of the General Council established and clothed with authority. 9. All claims to be made out in duplicate, upon printed form, and to be certified. 10. The City Book-keeper to regis- ter all claims in manner prescribed. 11. Claims not made out according to law will have no attention paid them. 12. Duty of the Clerk of the Board of Aldermen in reference to claims. 13. Duty of the Auditor. 14. Pay-rolls; claims for work and material; form and manner of pay- ment. 15. No warrant to be issued and no money paid save by law. 16. The Book-keeper not to certify claims. 1. No warrant for the payment of money shall be drawn on the Treasurer except for claims allowed by the Council, or duly certified for payment, according to its ordinance or resolution, nor unless at the time there shall be funds in the treasury applicable thereto sufficient to pay the same and all other warrants then outstanding. 2. Any person who may be dissatisfied with the action, or refusal to act, or delay in acting of the Mayor or Auditor upon his claim against, or on his account with The City, may appeal to the Council. 3. All contractors for work or materials ordered by The City shall, before their claims are presented to the Auditor, Ordinance, approved Oct. 27, 1853. Ordinance, approved Oct. 27, 1858. Ordinance, approved Oct. 28, 1853. 152 Ordinance, approved Oct. 28, 1858. Ordinance, approved Apr. 13, 1870. Ordinance, approved Feb. 27, 1877. CLAIMS. have the certificate of the Engineer that the work has been done or materials furnished according to contract. 4. The Engineer shall not so certify for any contractor as to a work or undertaking if he has failed to prosecute according to his contract, or who has in any respect violated the same, nor shall he certify the account of any contractor in advance of his work. 9. All evidences of indebtedness to The City shall be made payable at the Treasurer’s office, and if any debt remain unpaid three days after due, the Treasurer shall hand it to the City Attorney to collect by legal process, and the Attorney shall report to the Mayor in writing every three months the true condition of all claims under his charge. 6. Hereafter it shall be the duty of the Chief of Police to report and certify to the Auditor, at the end of each month, the amounts due to each member of the police department; and in like manner it shall be the duty of the Street Inspectors of the Eastern and Western districts to report and certify to the Auditor the amounts due to each person employed by them respectively; and on the said reports of the Chief of Police and the Street Inspectors of the Eastern and Western districts being duly examined and approved of in writing by the respective chairmen of the. committees on police and streets, the Auditor is authorized and directed to draw his warrant on the City Treasurer, in favor of the respective parties, for the amounts so certified in their favor, and charge the same to the appropriate accounts. 7. The Chief of Police and Street Inspectors of the Eastern and Western districts are respectively directed and required to make monthly reports to the General Council of the persons and amounts, as certified to the Auditor, as required in the preceding Section. 8. The Mayor of said City, the chairman of the com- mittees on finance of each board of the General Council, and the City Attorney shall constitute a committee on CLAIMS. 153 compromises, with authority to hear and examine into any claim for or against said City, either before or after suit brought, who shall report the result of such examin- ation with their recommendation to the General Council for their approval or rejection. 9. All claims against The City of Louisville shall be made out in duplicate upon the printed forms furnished by the City Book-keeper, and shall be certified by the officer ordering the work or material, who shall also state the authority therefor. 10. All claims shall be registered by the City Book- keeper, and numbered, in the order of their reception by him, ina book kept for that purpose, showing the heads of accounts to which such claims are chargeable, and both the original and duplicate to bear evidence of registration by date, number, and folio of register. 11, No claim shall be entertained by the General Council unless made out in accordance with Sections 1 and 2 of this ordinance. 12. Upon the passage by the General Council and approval by the Mayor of any claim, the Clerk of the Board of Aldermen shall file in his office the original and shall attest and deliver to the owner or his assignee the duplicate of such claim. 13. Upon presentation to the Auditor of such duplicate properly certified and attested, as hereinbefore provided, he shall issue his warrant for the amount of said claim and shall take the receipt of the holder of the claim thereon, which claim with the said receipt shall be filed in his office. 14. When the claim is in the form of a pay-roll for police, fire, street-cleaning, Engineer’s, or Assessor’s department, such roll shall be made out upon the form furnished by the City Book-keeper, and when the claim is for work or materials, said claim shall be supported by the affidavit of the claimant that the same is just, due, and has never been paid, and all the conditions and Ordinance, approved Feb. 27, 1877. 154 CLAIMS. regulations of other claims, as hereinbefore provided, shall be observed except that upon the receipt of the duplicate by the Auditor, properly attested by the Clerk of the Board of Aldermen. ‘To all other City officers and employes upon a monthly pay-roll, to be made out by the City Book-keeper and certified to the Auditor by the Mayor. The Auditor shall draw his warrant in favor of each person, or his assignee, whose name appears upon said pay-roll, and upon the delivery of such warrant such roll shall be signed by such person or his assignee. 15. No warrant shall be issued by the Auditor or money paid by the Treasurer except in conformity with the provisions of this ordinance. 16, The City Book-keeper shall not certify any claim whatever. fes~ See ADVERTISING — AUDITOR — CHARITIES AND CORRECTIONS — ConTRACTs — County RELATIONS — ELECTIONS — ENGINEER — GENERAL CoUNCIL — OFFICES AND OFFICERS — PoLICE — TAXATION — TREASURER. CORA DSUE ACL. CONDEMNATION. CONTENTS. 1. Section 10 of the charter of 5. Duties of courts in such trials. March 8, 1870, superseded. 2. Property may be ordered con- | The court may assign the case demned by the Council either in The to a day upon the filing of the 6. Duties of the jury. ‘5 City or in the County of Jefferson. petition. 3. How proceedings are to be in- 8. Judgment. - stituted. Sees aR Z 9 The City shall have thirty days 4. The jointure of defendants. within which to make compensation. 1, In lieu of Section 10 of the charter, approved March 3, 1870, entitled ‘‘An actestablishing a new charter for The City of Louisville,’ the following law shall prevail concerning condemnation of property for City purposes. 2. Whenever, in the opinion of the General Council, property shall be needed for municipal purposes, either within the boundaries of said City or the County of Jefferson, said Council may, by ordinance, order the con- demnation of such property. ! 1 The constitution secures to every man whose property is applied to any public use, payment of its actual value, in money, without any deduction on account of profit or advantages which may be expected to accrue to him from the public use of the property. Advantages and disadvantages can be set off against each other only. It is impracticable and impolitic to measure a benefit or a hardship, under such circumstances, by a monetary standard. If a city will lay out a street through an individual’s lot, he must, at all events, be paid in money the intrinsic value of the ground actually to be used for the street. Then, if the appropriation work a further injury to him, as it may by curtailing his lot, spoiling its shape, changing the grade An act to amend the charter of The City of Louis- ville. Sec. 1 et seq. 156 CONDEMNATION. 3. The proceeding for that purpose shall be instituted by the City Attorney, either in the Jefferson Court of Common Pleas or in the Louisville Chancery Court, and shall be carried on, as near as may be, as actions at law by ordinary proceedings; warning-orders against non- residents, absent defendants, or unknown owners of property, must be published three times in one of the daily newspapers published in said City, the last publi- cation at least ten days before the trial. 7 4. The owners of distinct parts of one contiguous tract of the adjoining street, efc., his claim to compensation for such additional injury may be reduced, or extinguished, by setting off againgt it the rise in the value of other property, or any other benefit, that may accrue to him from the improvement. But for these speculative advantages he can not be required to give up any of his property, or to pay any money.—Jacobd v. City of Louisville, 9 Dana, 114. The same is held in Sutton’s Heirs v. City of Louisville, 5 Dana, 28; and BE. § P. R. R. Co. v. Helm’s Heirs, 8 Bush, 681.. Though the constitution secures the right of the citizen to a just com- pensation for his property before it shall be taken for public use, yet the legislature has the right to prescribe the mode of ascertaining and determin- ing that compensation.— Henderson and Nashville R. R. Co.v. Dickerson, 17 B. Mon., 173. And the value of the land proposed to be taken from the owner, considering its relative position to his other land, and the other circumstances which may diminish or enhance that value, are the proper considerations to be regarded.—Ib. The inquiry should not be what is the market value of the land, nor on the other hand, what price would induce the owner to sell it, but should rather be, what would be its value to him, situated as it is, if he were not the owner of it, but owned the adjacent property under the circum- stances as they exist. Its actual value to him in that condition would be as much as he has aright to demand.—Robb v. Maysville and Mt. Sterling Turn- pike R. Co., 3 Met., 117. The Mayor of The City of Louisville may be compelled by mandamus to issue and sell the bonds of The City, and with the proceeds pay into the City Court, as required by the judgment of con- demnation, the adjudged value of the land condemned by said Court for wharf purposes, on the petition of The City, under the provisions of acts and ordinances.— Duncan, Trustee, and others, v. Mayor of Louisville, 8 Bush, 98. In the instance of the Louisville Bridge Company, the Company possessed under its charter the right to acquire by condemnation such Jand as may be necessary, etc., and the Court of Appeals held that this necessity must exist as a condition precedent, to be ascertained by a competent tribunal, before which the parties whose lands are sought to be taken, as well as the Company, can be heard.— Reed and others v. Louisville Bridge Co., 8 Bush, 69. The jury impaneled to ascertain the value of the real estate assessed the value of the land, and also adjudged that the same was necessary for the purposes of the Company: held, that if the jury heard any evidence on any other question than the value of the land, their action was extra-judicial ; < » i > CONDEMNATION. may be included in one proceeding, or any one or more of them holding contiguous tracts may be proceeded against in a separate action. 9. The courts shall make all such orders, rules, and judgments as will secure a fair trial by an impartial jury of not less than six freeholders of said City or County, and shall give precedence to these trials upon its docket as soon as the parties are before the court and the issues made up. 6. The jurors shall be sworn truly and impartially to ascertain and determine by their verdict the amount of compensation each owner will be entitled toif his land or property described in the petition is condemned. 7. The court in which these proceedings are brought shall have power to assign a day for the trial of the case as soon as the petition is filed. 8. Upon the return of the verdict the court shall enter judgment, vesting title to the property described in The City of Louisville, said judgment to take effect upon the payment into court by The City of Louisville of the amount of money named in the verdict. 9. But The City of Louisville shall have thirty days within which time to make said compensation; and if not; | 6 and their finding, that the land was necessary for the purposes of the Com- pany, not being responsive to the writ, was entitled to no consideration by the court.—Ib. Necessity and a public use, in all cases, exist as a condition precedent to the legal right to enforce the remedy given to condemn, and the company is not the judge of the existence of the necessity, or of the character of the use; both belong to the courts.—T'racy and others v. E., L. § B.S. R. R. Co., Court of Appeals, May 16, 1882. The general statutory mode of condemning property supersedes other modes embraced by charters passed prior to its enactment.— Dulaney and others v. National Turnpike R. Co., Court of Appeals, Dec. 20, 1883, unreported. The law is well settled that the condemnation of land for a turnpike road invests the Company with no greater interest than the mere right to use the land for the purposes of the road. The Company owns the road, but not the ground, over which it passes, and the ownership of the road does not vest any right but what is necessary to the enjoyment of the franchise.— Kelly et al. v. Donahoe et al., 2 Met., 482. In regard to the fee of the Louisville streets, see the notes to Chapter xxxvi. 157 158 CONDEMNATION. so made within said time said City shall be deemed to have abandoned that condemnation and that proceeding shall be dismissed at its cost but without prejudice to - any subsequent proceeding. BGS” See BRIDGES AND FERRIES— CANALS — City ATTORNEY — Cor- PORATE PowrERs— Courts oF LAw —GENERAL CouUNCIL—-PUBLIC WAYS— ~ RAILROADS — TRANSFER AND TRANSPORTATION COMPANIES. ~ CREA HIER ROBO. CONTRACTS. COUN A NLS 5 1. The awarding of contracts. 7. Violations of contract and sus- 2. Extensions of time. pensions of work. 3. Proposals, lettings, and sureties. : : coli BP 8. The Engineer’s certification of 4. Forfeitures of awards. ee : pean work. 5. Disability following forfeiture. 6 The Engineer’s attest and the 9. Council may contract for certain Council’s approval required. improvements at The City’s cost. 1. Contracts for work and materials shall be awarded to the lowest and best bidder for all work done by City authority. , 2. In contracts which may be entered into by The City for the making of any public improvements directed by the General Council, it shall be lawful, whenever said Council shall deem it expedient to do so, to fix a time beyond the end of the fiscal year in which the contract 1A contract for street improvements in The City of Louisville must be signed by the Mayor and the party undertaking its execution, and be approved by the General Council in the manner prescribed by the charter and ordinances of The City— Murphy v. City of Louisville, 9 Bush, 189. Where the contract relied on was not executed in accordance with the law under which the City officials are required to act in making such contracts, in that it was not approved by the General Council, the contract was held null and void, and The City was held not to be liable for the value of the work by reason of any implied promise to pay, upon the idea that The City derived a benefit from it—Jb. If the alleged contract be made otherwise than as re- quired by the ordinance, it is not binding; and if not obligatory as a contract, the law creates no promise to pay.—Ib. A party dealing in a matter expressly provided for by the charter is bound to see to it that the charter is complied with; if he choose to take the hazard or neglect this, he is a mere volunteer The charter, act of March 3, 1870. Sec. 12. An"act for the benefit of Tie City of, Louisville, and toamendthe charter of said City. Approv- ed March 9, 1868. Sec. 31. 160 CONTRACTS. may be made for the completion of the work provided for in said contract. And before or after the time for the completion of any work contracted for by The City shall have expired, it shall be lawful for said Council to extend the time beyond the end of the then fiscal year; and whenever any contractor with said City shall not have completed the work he had contracted to do in the time and must suffer; for every party contracting with a corporation must take notice of any want of authority which the public records would show; persons dealing with a corporation, the mode of whose action is limited by the charter, must take notice of the restrictions and see that the contract is made in the manner authorized by the charter; persons dealing with the corporation of The City of Louisville, through its officers, are bound to take the same notice of its laws and ordinances that a citizen of the State is with reference to legislative enactments.—Jb. If laws are enacted by the City legislature pre- scribing the manner in which contracts for the improvement of streets are to be made, everyone contracting for the construction of these inyprovements within the City limits is presumed to know the law regulating the manner in which such contracts are made, and must see to it that the parties he con- tracts with can legitimately exercise this power.—Ib. The fact that the contract was not presented to or approved by the Council is conclusive that ‘no contract was made, and the party executing the work under the agreement with the Mayor alone has no remedy against The City.—Jb. Persons dealing with a municipal corporation are bound at their peril to know that the con- tracts made by the officials of such corporation are made in the mode pointed out by the charter and ordinances; and if they fail they must suffer the con- sequences; for, one dealing with an agent whose powers he knows are limited, deals at his peril, whether the limitation be as to the: extent ot the agent’s powers or the mode of their execution.—Craycroft v. Selvage, 10 Bush, 696; and Redd & Bro. v. Walker, Court of Appeals, Jan. 8, 1875, unreported. Those who deal with the servants or officers of a corporation created by statute, that is, a public corporation, are bound to take notice of the powers conferred by the act of incorporation. It is quite different in ordinary cases, where the power of the agent is known only to himself and his principal.—Sandford v. McArthur, 18 B. Mon., 411, Contracts with a city are void where the coun- cil had the power to contract in a particular way only, and contracted other- wise.— City of Covington v. Woods, Court of Appeals, June 25, 1881, unreported. And a party contracting with the city is presumed to know the law regulat- ing the mode of contracting.—Jb. So, when there was a qustion as to the compensation to the builders of a public bridge and it was shown that the bridge had been used by the public as soon as it was in a condition to be used, the court held that the fact of such use did not authorize an inference that the work had been accepted as built according to contract.—Moore et al. v. Caruthers § Applegate, 17 B. Mon., 669. However, the Court of Appeals has recognized the liability of a corporation upon an implied promise. The old rule was that an implied assumpsit could not be maintained against a corporation, as such a body could contract only under a corporate seal, but ei CONTRACTS. 161 stipulated in the contract, or within the time as extended but otherwise in compliance with the contract, said Council may, if they think proper, accept the work, and such an acceptance shall be as proper and lawful as though the work had been done within the time stipulated in the contract. this rule did not apply to acts and votes at corporate meetings, and the later doctrine is that they may be bound by express promises made by their au- thorized agents, and that promises may be implied from their acts or the acts of their agents.—Frankfort Bridge Co. v. City of Frankfort, 18 B. Mon., 41; citing Lee v. Flemingsburg, 7 Dana, 28; and Commercial Bank of New Orleans v. Newport M’f’g Co., 1 B. Mon., 14. But in order to bind a corporation by an implied promise, acts of the corporation, or acts of an authorized agent within the scope of his authority from which the promise may be implied, must be shown.— M?. 8S. § J. T. R. Co. v. Looney, 1 Met., 550. The City of Covington was held not liable for the rent of a house used for storing the arms of a company of the State Guard, in the absence of a contract or order of the city authorities in their official capacity for the renting of the house.— Drexelius v. City of Covington, Court of Appeals, Sept. 23., 1882, unreported. Nor could The City of Louisville be held under any implied legal obligation to pay a lawyer for framing or drafting laws for it—Louwisville v. Baird, 15 B. Mon., 246. But the Court of Appeals said in another case, “ There is no reason why an agent of a municipal corporation, acting within the scope of his authority, may not bind his principal in the.same way as if he were the agent of a natural person. There is in fact no distinction, unless the act of incorporation expressly prescribes the contrary.”— City of Covington v. Cov. and Cin. Bridge Co., 10 Bush, 69, And, later, it is held that a municipality is as much bound by an implied contract, when it is within its corporate power, as an individual.— Paducah v. Calhoun, 78 Ky., 323. Under a contract to make an embankment of specified dimensions, at so much per cubie yard, the contractor is entitled to recover for extra filling required to be made in order to reach a permanent foundation, having to go to a greater depth than that contemplated by the engineers upon whose report the contract was based, it appearing from the terms of the contract that the measurements fixed therein were intended merely to approximate, and not to govern or effect the final estimate of the work.— Henderson's Assignee v. City of Louisville, Court of Appeals, Nov. 2, 1882, unreported. In general, an agent contracting for the government is not personally bound by such a contract, even though he would be by the terms of the contract in a mere private agency; the presumption being that credit is given to the government rather than to the individual. And this principle and presumption apply to all contracts executed by government or public agents in their own names, and purporting to be made by them in behalf of the government or public, whether simple, parol, or written, or under seal. Otherwise, where such agents waive their official immunity and -assume a personal Hability.— Murray et al. v. Carothers et al.,1 Met., 71. So, where a party contracted with others whom the contract showed to be commissioners of a county 11 162 Ordinance, passed Feb. 27, T8iTs PAB eer a7 et seq. CONTRACTS. 3. All public works ordered by The City, unless other- wise directed, shall be let by the Mayor, under advice of the City Engineer, to the lowest best bidder. Bids for such work shall be according to form furnished by the City Engineer, and signed by the contractor and his sureties (who shall not be parties to such contract), and inclosed in a sealed envelope indorsed with the style of court, and acting under an order of that court, the extent of their authority under the order is presumed to be as much a matter within the knowledge of one party as the other; and, although the order confer no authority upon the commissioners to make the contract, they are not personally responsible upon it, unless a personal undertaking be otherwise established—Jb. A, the City Clerk, purchased from B certain goods, believing that The City was respon- sible, and B, so believing, charged them to The City, but, upon discovering his mistake, brought suit against A for the value of the goods, alleging that they were purchased at his instance and request. Held, that B was entitled to a recovery.— Williamson v. Morton § Co., April 1, 1882, unreported. As to the non-liability of officers and agents cotracting as such, see also Hunter v. Miller's Ex’trs, 6. B. Mon., 619, and cases there cited; Carson v. Lucas, 13 B. Mon., 213; Taylor, Shelby et al. v. Williams, 17 B. Mon., 492; Church v. Graham, June term, 1857, unreported. When one has made a valid and binding contract with a corporation through its agents, and suffered loss by the neglect of the corporation to perform some act or discharge some duty with reference to the contract of which the contracting party is not required to take notice, the corporation is liable; or where such a contract has been violated by the corporation, the right of the contracting party injured by this non-compliance to recover damages is unquestioned.— Murphy v. City of Louisville, 9 Bush, 189. The unreported opinion in the case of Lyter v. City of Louisville, Court of Appeals, Feb. 28, 1880, is as follows : “The specifications defining the nature of the work, and made part of the contract, provide that no allowance will be made for caving or sliding unless it is caused by some alteration by the City Engineer in the depth or width of the trench, and not by the peculiarity of the soil. For any extra work the Engineer’s estimate of the cost and ten per cent. added is the amount to which the appellant is entitled. By the terms of the contract the appellant undertook to complete the work within ninety days unless further time was given him by the City authorities. It was certainly contemplated by all parties when the contract was made that, the time for fulfilling it was _ ample, and but for the prevention of its execution by the sudden or unexpected rise in the river it perhaps would have been completed within the time limited by the contract. The City, however, permitted its completion after the time had elapsed, and received it, as it now contends, under the contract, and there is no reason why appellant should not recover if The City has failed to pay him. Much of the work had been done- by, appellant within the ninety days, but by reason of CONTRACTS. the work, and not to be opened until the day fixed for closing the bids, and then by the City Engineer, in the presence of the Mayor, when the lowest best bidder shall be accepted if the sureties are approved. 4. If the person to whom the work is awarded. fail within ten days to enter into contract as aforesaid, the Mayor may award the contract to the next lowest ——————— the cessation of the work, made necessary by the high water, there was no labor performed under the contract from November, 1873, until June, 1874, and when the appellant began his work in June he found the trenches filled with sand, the sides or banks of the trench fallen in go as to require much labor and a considerable expenditure of means to place the bank in the con- dition it was in November, 1873. It is insisted that much of this extra labor was caused by permitting the water from Paddy’s Run to escape through this sewer so as to drain a large area of ground, and that this constant flow of water caused the banks to cave in and additional excavation necessary. That this fact contributed to increase the labor and expenditure by appellant we think is established, but that much of the extra labor was caused by the over- flow from the river, and the springs that made their appearance within the sewer, and the washing caused by the rains during the winter and spring is equally certain, and the appellant having received cost for this extra labor, with ten per cent. added, we cannnot well see why he should complain. The extra excavation and extra work was not the result of any alteration made by The City or its Engineer, but was caused by the washings through the sewer, and in it after the work has ceased in the fall of 1878. This made the extra work and extra excavations necessary, and as the misfortune caused by the high water has resulted in loss to both parties, although The City may, by its action have increased the amount of labor necessary to its completion, we think the appellant has been fully compensated by the payment to him of the value of his labor, and ten per cent. added. If there had been no rise in the river, and the banks had caved in, or the springs made their appear- ance and injured the work within the ninety days, it would have been the duty of the contractor to have still complied with his contract without extra compensation, and when the time for completing the work has expired, and he receives this extra compensation based on the idea that The City con- tributed to produce the causes resulting in the loss, we think he has received all that he is entitled to in this particular. It appears, however, that in the execution of this work the appellant purchased fourteen thousand feet of dimension lumber at the price of sixty-five dollars per thousand; that this lumber was hauled on the ground he used in making an apron for the sewer. The specifications provided for this lumber, and it seems to be useless for any other purpose. The City dispensed with the white-oak apron and substituted another, leaving the timber on the ground and of but little if any value to the appellant. Although The City had the right to change the work as to the mode of execution, it was too late after the lumber had been hauled upon the ground to say to the appellant we will dispense with the 163 164 CONTRACTS. responsible bidder, or advertise for new proposals, as_ to the judgment of the Mayor and City Engineer may seem best for the interest of The City and property-holders. 8. Any bidder failing to enter into contract as herein- after provided, or to fulfill any contract entered into by him with The City, shall not be allowed to bid again for lumber, and you (the contractor) are entitled to no compensation. It should have been, and must be regarded (the delivery of this lumber) as a part of the execution of the work, as much so as if The City had ordered the white-oak apron taken up after it had been laid in the trench, and while the change may have been proper, with the right on the part of The City to make the alteration, it must pay the appellant the damages he has sustained. The lumber is the property of The City and its value should be accounted for to the appellant—that is, nine hundred dollars, with interest from the filing of the petition. There is no dispute that the lumber was dispensed with and that it was left on the grounds, or if not, the testimony is conclusive on this point. Wesee nothing in this case authorizing any damages for the appellant other than the value of the lumber. He received upwards of four hundred dollars for extra work, and in this sum is included eight hundred and sixty- four dollars for sloping banks and opening trench. The judgment is reversed and cause remanded with directions to enter a judgment for the appellant for nine hundred dollars with interest from the date of filing the petition.” The unreported opinion in the case of Higdon et al. v. City of Louisville, Court of Appeals, Sept. 9, 1880, is as follows: “Several questions are presented by the assignment of errors, but only two are insisted upon in argument. They are: (1) Are the appellants entitled to be paid for three inches of gravel placed on the streets improved by them, and which they claim is in excess of the requirement of the contracts? (2) Are they entitled to be paid the same price per square for block-stone used on that part of the streets for which The City furnished bowlders that they were to receive per square where they furnished the bowlders? The general ordinance, approved June 27, 1876, prescribing the manner of improy- ing streets with bowlder-pavement was made part of all the contracts, and must be resorted to in order to determine the rights of the parties. That ordinance provides, under the head of grading, that ‘The graded surface shall be dressed down to a depth of fifteen inches below the top surface of ‘the street when completed’— Section 2. It is therefore manifest that the appellants were only bound to construct a pavement which should be fifteen inches in thickness from the graded surface to the top surface of the street when completed, and it is equally clear that if the top of the ground required to be spread over the bowlders is the ‘top surface of the street’ within the meaning of the language just quoted from the ordinance, the appellants have placed on the street three inches of material in excess of the require- ment of their contract. But if, as contended by The City, the top of the bowlders is the top surface of the street within the meaning of that language, they have done no more than their contract required. Section 3 of the CONTRACTS. the term of one year, unless the Council shall remove the disability before its expiration. 6. Every City contract after being fully signed shall be attested by the City Engineer or by the office assistant designated by him, and submitted to the General Council, whose approval shall be necessary to make the contract complete and binding on The City. ordinance provides that the General Council may require broken stone to be placed in the graded surface, but if they do not so require, that good, hard gravel shall be placed in its stead to such depth ‘as to allow the bowlders being laid true to the cross-section.’ Under the head of Bowlders it is pro- vided that the bowlders shall be set upon this bed of gravel, and that ‘after the bowlders have been thus set the spaces between them are to be filled with fine gravel, and after being swept clean they are to be well rammed,’ etc. ‘The surface ot the street is to be covered with fine gravel and again swept clean and the second time rammed, until the bowlders are firmly secured and forced down even and regular to the proper crown, grade, and section; again covered with gravel, and swept clean and rammed the third time; or the surface shall be rolled or rammed as the General Council may direct. The surface is then to be covered to a depth of three inches with clean, fine gravel’—Section 7. This completes the street, but it seems to us, from the language of the ordinance just quoted, as well as from the name and char- acter of the improvement, and the evident purpose for which the gravel is required to be placed on the top of the bowlders, that the top of the gravel is not the top surface of the street when completed within the meaning ot Section 2 of the ordinance. The frequent reference in Section 7 to the surface of the bowlders as the surface of the street seems to render it certain that this was regarded as the top of the street, and the requirement that the surface shall be covered with gravel was not with any view to raising the surface of the street three inches higher, but for the purpose of providing a temporary protection to the street until the whole mass shall become amalgamated, and at the same time to provide material to be driven down by travel so as more effectually to secure the bowlders in their places. It was urged in argument in favor of appellants’ position that other streets had been improved with bowlder pavement, and they did not measure more than twelve inches from the surface of the bowlders to the surface of the grade, and there is evidence conducing to prove that this is true. But those streets were not improved under this ordinance, nor is the ordinance or contracts under which they were made before us. Consequently we are not able to say that the authorities of The City have ever given a different construction to this or to a similar ordinance from that insisted on in this case. As already stated, this ordinance was approved June 17, 1876, and these con- tracts were entered into June 22d, only five days after the ordinance was passed. By the terms of the contracts the contractors were to furnish all the material placed upon the streets between the curbing, except footway crossings, and except further, that The City had the privilege of furnishing bowlders; and the contracts stipulated that the contractors should receive a 166 CONTRACTS. @. The City Engineer shall report to the Council all violations of contracts for work to be done or materials to be delivered, and may suspend the execution thereof when the contractors fail to comply with their terms or with the Engineer’s direction consistent therewith ; and whenever for any cause said Engineer shall suspend the execution of any work he shall notify the Council thereof at their first meeting after said order of suspension; and when he shall direct the work to be resumed he shall also notify the Council thereof at their first meeting there- after. ; 8. All contractors for work or materials ordered by The City shall, before their claims are presented, have the certificate of the City Engineer that the work has been done or materials furnished according to contract. The City Engineer shall not certify the account of any contrac- tor who has failed to prosecute or accomplish according to contract the work let to him, or who in any respect has violated the contract; nor shall he certify any contractor’s account in advance of his work, nor until all the refuse material and rubbish shall have been removed. certain sum per square where The City furnished bowlders, and a certain larger sum when they furnished the bowlders. When The City furnished bowlders the contractors were bound by the express word of the contract to furnish all other material except footway crossings, and the price they were to receive per square for labor and material furnished by them was ascertained and fixed in the written contract. Counsel claim that as the contractors received a larger price per square for the block stone used where they furnished the bowlders, they should also receive the larger price for stone furnished where The City furnished bowlders. We are not able to see upon what principle this should be. Suppose The City had furnished all the bowlders, would it not be too plain for argument that the contractors would still have been bound to furnish the necessary stone, and that they would only have been entitled to receive pay according to the price per square as fixed in the several contracts? And does it alter the principle that The City only furnished a part? The contractors agreed in effect that as long as The City would furnish bowlders they would furnish all other material except footway crossings, and make the street for a specified price per square; and The City agreed that for such part of the work as it did not furnish bowlders it would pay a larger sum per square, the price to be paid depending alone upon whether The City or the contractors furnished the bowlders. For these reasons the judgment must be affirmed.” a j “ eee ee Omari a CONTRACTS. 9. The General Council may pass ordinances to procure the erection of bridges over Beargrass Creek, at the inter- section with said Creek, within the City limits, of any street now or hereafter established, and pay the cost of the same out of the City treasury. And the said Council may also pass ordinances to procure the improvement by grading and paving, or by grading and paving and mac- adamizing, or by grading and planking any street or streets now or hereafter established within the limits of The City, and pay the cost of the same out of the City treasury; Provided, that such improvement is deemed by said Council of general interest and importance to The City at large, and that the condition of property binding on the street proposed to be improved under this clause will not justify the making such improvement at the cost of the owners of said property. §GS> See CisTERNS, WELLS, AND HyprantTs —CLAiIms— County RELA- TIONS — ENGINEER—M ayor—PuBsiic WAyYS—RAILROADS. 167 The charter of March 24, Loli Att,vii, Sec. 10. CHAP Aun mae CORPORATE POWERS. CO NT ENA S 1. The investiture by the General | hold, use, manage, improve, sell, con- Assembly of Kentucky, enumerating, | vey, rent or lease property, and (7) (1) the power to govern, (2) the power | the power to have a seal and change to contract, (3) the power to sue | it at pleasure. and be sued, (4) the power to defend and be defended, (5) the power to acquire property, (6) the power to 3. The City seal established. 2. Division into three departments. ‘ a ay t es- J, The inhabitants of the territory within the boundary ablishing a new charter hereinafter designated are hereby continued corporate by peer a Bee the name and style of The City of Louisville; a body BN Sas politic and corporate, with power to govern themselves 1 et seq. ’ by such ordinances and resolutions for municipal pur- poses as they may deem proper, not to conflict with this charter, nor the constitution and laws of this State nor of the United States; with power to contract and be con- tracted with, sue and be sued, defend and be defended in all courts; to acquire property for municipal purposes by purchase or otherwise; to hold the same and all prop- erty and effects now belonging to said City, either in her own hame or in the name of others, to the use of said City, for the purposes and intents for which the same were granted or dedicated; to use manage, improve, sell, and convey, rent or lease, and have the like powers over property hereafter acquired; to have a common seal, and change it at pleasure, and act with or without a seal. ! 1 All the legislative power of the commonwealth is, by the constitution, vested in the legislative department of the government, subject to no CORPORATE POWERS. 169 2. There shall be in said City a legislative, an execu- tive, and a judicial department. Officers of one of said departments shall not act in another, except as permitted in this charter. 3. The present seal of The City of Louisville, on which is the device of a steamboat ascending the falls, with the motto ‘‘Perseverando,”’ [is hereby] altered to one with the device of a locomotive under way, with the motto, ‘¢ PROGRESS.” BOUNDARY AND SUBDIVISION — GEN- Bas? See AcTS AND ORDINANCES ERAL Counctt—PoLick —TAXATION. restraint except such as is imposed by the fundamental law, its own wisdom and responsibilities. It carries the law into effect by extrinsic agencies, by the executive alone,or in conjunction with the judicial, or it may create other agencies, as is done when the object is to accomplish local or individual purposes; as county courts, trustees of towns, etc.— Slack v. Maysville and Lexington R. R. Co., 13 B, Mon., 1, The State is divided into subordinate ' communities, or quasi-corporations, as counties, cities, towns —each of which, to a prescribed extent, may regulate its own internal affairs, subject, however, especially in the exercise of the powers of taxation and the right of taking private property for public uses, to the same restrictions as the general legislature.— The City of Lexington v. McQuillan’s Heirs, 9 Dana, 513. The authority of the legislature to establish municipal corporations and to dele- gate local powers to them is not to be doubted; but no greater power can be delegated than might have been exercised by the legislature itself. The legislative authority over this subject, though extensive, is not altogether arbitrary, but is subject to certain limitations and restrictions, among the most conspicuous of which are the constitutional provisions which guaranty equality, as far as attainable, and the security of property from irre- sponsible power, and which require that taxation shall be general and uniform.—The City of Lexington v. McQuillan’s Heirs, 9 Dana, 513. Aud see Sutton’s Heirs v. The City of Louisville, 5 Dana, 28. Cities and towns are creatures of the State legislature, and the power exists in that depart- ment to abolish the courts within cities or towns, or even to destroy the corporate existence, by repealing the charters, except always that such abolishing or destroying can not be with the effect of relieving such corpora- tions from their liabilities to others.— Boyd v. Chambers, 78 Ky., 140. Nor does the fact that a city or town was in existence at the time the State constitution was formed take from the legislature the power to legislate so as to destroy, if necessary, the city or town government.— Boyd v. Chambers, 7S Ky., 140. Municipal corporations are agencies of the sovereign authority of the State, and can exercise no powers but those which are conferred upon them by the act by which they are constituted, or such as are necessary to the exercise of their corporate powers, the performance of their corporate Ordinance, approved May 8, 1861. CORPORATE POWERS. duties, and the accomplishment of the purposes of their incorporation.— Henderson and others v. City of Covington and others, 14 Bush, 312. No power can be implied in favor of a municipal corporation which does not -pertain to matters which peculiarly concern the local public, and without which those local affairs committed by the State to the cor- poration can not be properly attended to.— Patton v. Stephens, 14 Bush, 324. The legislature has the power to vest in municipal corporations the power to m:ke ordinances and by-laws for the preservation of good order not incon- sistent with the constitution and laws of the State, and confer power to enforce them.— Williamson v. Commonwealth, 4 B. Mon., 146. And the legislature may constitutionally clothe such corporations with the power to proceeed in the name of the city against violators of its ordinances.—Jb. But a power vested by the legislature in a city corporation to make by-laws for its own government can not be taken as conferring impliedly a power to repeal March v. Common- wealth, 12 B. Mon., 25. The legislature has in Kentucky the power of granting the charters of incorporation, or conferring such power on other authorities.— Cheaney v. Hooser, 9 B. Mon., 330. When atown has been built and peopled the legislature has the power to grant an act of incorporation without the. assent of all its citizens, or even a majority.—Jb. And the legislature has power under the constitution to add territory to a town already established upon the same principle that it may incorporate atown.—Jb. The municipal corporation of Louisville, though itself a civil institution, created and employed to some extent as an instrument of the government, is yet not the government, and may acquire corporate rights which the government | may not control. Such was the right to the property conveyed by The City to the University,—though public property in regard to Louis- ville, it was not so in regard to the State-——City of Louisville v. President and Trustees of the University of Lowisville, 15 B. Mon., 642. The legislature has not an unrestrained power of legislation over charters granted to corporations for educational purposes, though a part of the funds be granted by a city or a local public—IJb. The power conferred upon city authorities must be exercised in conformity with the general law, and even though the Louisville City charter of 1851 gave the Council the power to license taverns in The City, with or without the power of retailing spirituous or fermented liquors, and also to license coffeehouses wherein such liquors might be sold by retail, yet the law enacted in 1854, requiring the giving of bond in the County Court, taking of oath, and payment of tax, was to be observed.— City of Louisville v. Kean, 18 B. Mon., 9. The city government has the general power to’so regulate the use and enjoyment of private property in the city, as to prevent its proving pernicious to the citizens generally ; and it may, when the use to which the owner devotes his property becomes a nuisance, compel him to cease to so use it, and punish him for refusing to obey its ordinances or regulations concerning such use.—Lowisville City dailway Co. v. City of Louisville, 8 Bush, 415. The powers of a municipal corporation will be construed most strictly against it in favor of the public. | The distinction between the corporation and the public being for conveni- ence only, and by no means ever amounting to a difference].— Wheatley v. City of Covington, 11 Bush, 18. A municipal corporation possesses no powers except those expressly granted, or necessarily implied from, or incident to, such as are expressly granted.—Johnston v. Louisville, 11 Bush, 527. Courts the laws in force, or to supersede them by ordinances CORPORATE POWERS. of equity will not interfere to prevent municipal authorities from mak- ing illegal uses of their powers, or restrain them from attempted enforce- ment of unauthorized municipal regulations or ordinances, unless it should become necessary to prevent a multiplicity of suits or irrepar- able injury, or unless the proceeding sought to be annulled or corrected is valid upon its face, and the alleged invalidity consists in matters to be established by extrinsic evidence. So, where a special act of the legislature authorized certain persons to erect and keep a wharf in Catlettsburg, and after they had constructed it an ordinance of the town was adopted requiring all. boats arriving in port to land at the public landing, unless a permit to land elsewhere were secured, the courts below and above refused an injunction against the trustees of the town.—Brown and others v. Trustees of Catlettsburg, 11 Bush, 435, When a statute gives a new right or a new power and _ provides a specific, full, and adequate mode of executing the power or enforcing the right given, the fact that a particular mode is prescribed will be regarded as excluding by implication the privilege or liberty to resort to any other mode of execut- ing the power or of enforcing the right. If the remedy given by statute be not adequate there will be no implication that it was intended to be exclusive, and resort may be had, for the execution of the power or the enforcement of the right, to the ordinary process of the law, 7. e., judicial proceedings.— Johnson v. Louisville, 11, Bush, 527, “It isa matter of great difficulty to draw the exact line of demarcation between executive and judicial powers, and of still more difficulty to define with accuracy how far executive officers in the discharge of executive or ministerial duties may bind the other departments of government by the exercise of quasi-judicial functions. But we regard it as an indisputable proposition that where the inquiry to be made involves questions of law as well as of fact, where it effects a legal right, and where the decision may result in terminating or destroying that right, the powers to be exercised and the duties to be discharged are essentially judicial, and are such as can not constitutionally be delegated to or imposed upon executive officers.” — Commonwealth v. Jones, 10 Bush, 725. In Speed & Worthington v. Crawford, 3 Met., 207, the question was distinctly raised whether the statute clothing the police board with the power to appoint policemen and to try policemen for violation of law or neglect of duty was not unconstitutional by reason of its containing executive and judicial powers, and the Court of Appeals refused to decide it unconstitu- tional. The Court of Appeals gave, in Patton v. Stephens, 14 Bush, 324, this general rule: “In the absence of express statutory authority the governing bodies of municipal corporations can expend the funds of the corporation only in the discharge of corporate duties or obligations, or in the furtherance of the objects for which the corporation was created. It will not do to say that a municipal corporation had power to do an act or to expend the city revenue because the thing done, or to accomplish which the fund was expended, can be shown to tend in some degree to benefit the city. Such a method of ascertaining the extent of the powers of corporate bodies, would expand their authority far beyond legitimate bounds. Such a rule has not been and can not be, with safety, adopted.”—Patton v. Stephens, 14 Bush, 24. The Covington city council had no power to authorize the mayor of the city to offer a reward for the arrest of the city treasurer, who had been indicted for forgery and for the embezzlement of the funds of the city; and 17] Ere CORPORATE POWERS. at the suit of tax-payers the council was enjoined from paying such reward and also from paying the expenses of arrest and extradition of said treasurer from the Dominion of Canada.—J6. A municipal corporation can not expend money except for objects expressed in the charter, or for purposes necessarily connected with those objects.—Jb.; and Lee v. Trustees of Flemingsburg, 7 Dana, 28. It is no part of the duty or object of a municipal corporation, as such, to bring to justice offenders against the laws of the State; and power to offer rewards for the arrest of criminals is not an ordinary corporate power nor an incident to such power.—-Ib. The city council of Covington had no power to appropriate the revenues of the city to obtain an increase of the powers of the corporation through persons sent by the council to appear before the General Assembly of the State and before Congress at Wash- ington.— Henderson v. Covington, 14 Bush, 312. A municipal corporation can not make use of the property of a corporation within its limits for municipal purposes without compensation to that corporation, and in case such use is made by a municipality, compensation will be due although the corporation have no charter right to contract for or permit the particular use in question. —Frankfort Bridge Co. v. City of Frankfort, 18 B., Mon. 41. Trustees of towns have no power to convey ground which has been dedicated to the use of the public; and whether the legislature can constitutionally authorize them to do so, is questionable—City of Covington v. McNickle’s Heirs, 18 B. Mon., 262, citing Buckner v. Trustees of Augusta, 1 Marsh., 9; Louisville v. Bank of the U.S., 3 B. Mon., 157. But see Transylvania Univ. v. Lexington, 3 B. Mon., 8. Though Hancock v. Johnson, 1 Met., 242, is mainly constructive of asection in the Henderson city charter, it yet states a general rule in regard to liability for injuries to private property from the making of public improvements, namely, that for consequential injuries and damage, the mayor and council and other municipal officers in their individual capaci- ty, can never be subjected to lability; they are liable only in cases of gross negligence and abuse of power, and in the latter class of cases the city in its corporate capacity is certainly exempt from responsibility. So that the liability of each party is necessarily exclusive. A city corporation is not responsible to the owner of property consumed by fire, on the ground that the city failed to keep cisterns filled with water and the fire-hose in good repair whereby a fire might have been extinguished.— Patch v. City of Covington, 17 B. Mon., 722. For, in order to authorize the recovery of damages for an act of omission or commission, the injury com- plained of must be the direct, or at least the proximate and natural conse- quence of the act complained of. It will not do to carry the rule to every consequence, however remote, which may be traced to the particular act or omission.—Ib. See Bosworth v. Brand, 1 Dana, 377; King v. Shanks, 12 B. Mon., 420; and Prather v. Lexington, 13 B. Mon., 561. Municipal corpora- tions are liable to indictment; the ancient doctrine that corporations were not liable to indictment has been modified in modern times, and the tendency now is to assimilate corporations as to their duties and responsibilities as far as possible to individuals.—City of Paris v. Commonwealth, Decided by the Superior Court Jan. 10, 1883. A corporation, as a general rule, can be indicted for a non-feasance in not carrying out the provisions of its charter, and for such misfeasances as are neither treasonable, felonious, nor attended with violence; but to be indictable for a non-feasance the corporation must have the power to do the thing omitted, and for a misfeasance the act CORPORATE POWERS. done must come within the scope of its corporate duty.—Jb. There is no distinction between municipal and other corporations in this respect except so far as the legislative and judicial powers of the former. are concerned. These are governmental functions, and in their exercise the corporation is a part of the sovereignty, and in respect to them can neither be indicted for a misfeasance nor a non-feasance; but whenever the ministerial powers or duties of municipal corporations are involved, they stand before the criminal law upon the same footing with all other corporations.— Jb. 173 The charter, act of March d, L870,~ “Sec, 99. An act to authorize ac- tions between the County of Jefferson and Lhe Oity of Louis y ia Ke: Approved Mar. 3, 1856. “tween The City and County. CELALB TE Ray EF COUNTY RELATIONS. CONTENTS: 1. The Council may contract with 7. Presiding Judge; called meet- the Jefferson County Court in rela- | ings. | : Ras at oncatent ie ‘ ; tion to the joint interests of The City 8. Making of contracts restricted. and County. : “ 9. Votes of members of the Court regulated. 10. Contracts relative to joint ex- penses of The City and County. 2. Actions at law authorized be- 8. The County Levy Court; of whom composed. 4. Times of meeting; compensa- tion. 5. Approval of contracts; restric- tion. 6. Rules and regulations concern- ing a sinking fund and finances. 11. Repeal of all former acts within certain provisions 12. Control and maintenance of the Jail. 13. Duties and liabilities in refer- ence thereto. 14. Actions for damages. 1. In all matters wherein The City of Louisville and County of Jefferson are interested jointly as to public buildings, grounds, or other matters, the General Council shall have authority to contract.and agree with the Jefferson County Court as to the mode of adjusting the same, and providing for all expenses and arrangements in relation thereto. 2. The County of Jefferson shall have power and authority to institute any suit or suits in the Jefferson Circuit Court, or the Louisville Chancery Court, against The City of Louisville for the recovery of any claim or claims which are due or may become due from said City to the County, growing out of any contract or contracts now in existence, or which may hereafter be entered into COUNTY RELATIONS. between the authorities of each of said parties; and said City may also sue said County; and service of process on the presiding Judge of said County Court shall be sufficient; or they may make an agreed case in relation thereto, under the general law; and each of said Courts has and is hereby clothed with authority and jurisdiction over the cases; and either party shall have the right to appeal from the judgment or decree of said Court so rendered in the manner now prescribed by law. 3. The ‘‘ Levy Court” for Jefferson County shall be composed of all the Justices in commission who reside in said County, outside of The City of Louisville, and a majority of said Justices shall constitute a quorum to transact the business of the Levy Court. 4. The said Levy Court may meet from time to time, not exceeding six days in each year, to lay said levy, and each Justice of the Peace attending said Levy Court shall be allowed three dollars per day [for each day he is] in attendance, to be paid out of the county levy. 9). All contracts made by Jefferson County shall be acted upon and approved by a court of the Justices of the Peace for said County living outside of the limits of said City of Louisville, a majority of whom shall constitute a quorum to transact business, and the consent or approval oi a majority of said Justices shall be sufficient to make,’ approve, or consent to any such contract; Provided, said Court shall have no power to make, consent to, or approve any contract except such es is now authorized by law or is authorized by this act. 6. Said Levy Court may establish and adopt rules and regulations to create and manage a sinking fund for said County, and may adopt and establish rules and regula- tions to manage the financial affairs, and also the interests of said County and Court; and the presiding Judge of said Court may appoint a commissioner to look after and superintend the financial and other interests of said County and Court, and may require and take a covenant, At ae TOL amend an act to establish the Levy and County Court for Jefferson County. Ap- proved Feb. 28, 1867. 176 COUNTY RELATIONS. payable to the commonwealth of Kentucky, for the use of said County from said commissioner or other agent of said County, with good security, ‘‘well and truly to perform the duties and obligations required by said rules and regulations governing said office, or commissioner, or agent,’? and such covenant shall be binding upon and enforceable against the principal and his sureties, and may be sued upon from time to time by order of said Court. | 7. The County Judge shall be the presiding officer of said Court and, in his absence, refusal, or inability to act, said Court may elect a chairman pro fem., who shall have the power of the president of the Court; and said County Judge may call a meeting of said Court for any County business, or such meeting may be called by the Clerk of the Court, upon the written application of not less than three of said Justices residing outside of said City limits. 8. All contracts made by said Court, which involve an outlay or cost of more than one hundred dollars, the yeas and nays shall be taken by the Clerk and recorded with the contract upon the records of the Court; and no member of the Court shall vote on any proposition in which he is interested, or of near kin to the party inter- ested in the contract or appropriation. 9. The Judge of said Court and Justices of the Peace residing within The City of Louisville shall not vote on any question connected with the said levy or appropria- tion of money, under any contract made by said County or Court; but said Judge and Justices residing in The City of Louisville shall’ have the right to vote in the election of any County officer now or hereafter elected by said Court; and the County Judge or Clerk of said Court shall cause all of the Justices of the Peace for said County to be notified by the Sheriff of any such election, and designate the day of election, which shall be within five days from the issuing of the notice, and shall be on the day fixed by law; and if not fixed by law, then within COUNTY RELATIONS. ten days from the expiration of the term or vacation in the office. 10. It shall be lawful for the General Council of The City of Louisville and the Levy Court for Jefferson County to make and enter into a contract by which to determine the proportion each shall pay of all annual joint expenses of said City and County, not including the salaries of officers, but shall enter into no contract for a period longer than five years. If the said City through its General Council, and said County through its Levy Court, shall fail to enter into a contract as provided in the foregoing Section, then the Levy Court of said County is hereby authorized and empowered to levy a like poll-tax upon all male persons twenty-one years of age residing in said City, in the same manner as if they resided without said City and in said County. That the salary of the Judge of said County Court shall be twenty-five hundred dollars, and the salary per annum of the County Attorney one thousand dollars, payable quarterly; and the salary of said Judge and Attorney shall be part of the joint expenses of said County and City of Louisville, and paid as other joint expenses of said City and County;! that should said City fail, refuse, or neglect to pay a fair proportion of the joint expenses of the said County and City in any year, the said County Court may, in such year, levy a tithe-tax upon the citizens of said City sufficient to pay the fair proportion of said joint expenses chargeable to said City and County, which tax shall be listed and collected as the tithe-tax outside of the City tax-boundaries; and the Sheriff and his securities or Collector and his sureties shall be liable upon their official bonds as they are for county taxes. 1 By authority of an act of 1864 the Jefferson County Court increased the salary of the County Attorney without the knowledge or concurrence of The City of Louisville, and the General Council having refused, on demand, to pay its proportion of the salary as raised, the incumbent brought suit against The City for the enforcement of his claim; the lower court decided adversely to him, but the Court of Appeals reversed the decision.— Wilson v. City of Louisville, 2 Duv., 499. 12 Std 178 An act con- cerning the County Jail of the County of Jefferson and The City of Louisville. Ap- proved Mar. 9, 1868. COUNTY RELATIONS. 11. The Jail in and. for the County of Jefferson and City of Louisville shall be controlled by the Mayor and General Council of The City of Louisville and the Levy Court of Jefferson County jointly, in the proportion fixed by the contract between said Court and Mayor and General Council for the payment of the cost of the erection of the new Jail. ? 12. From the passage of this act it shall be the duty of the members of the Levy Court for Jefferson County, and the Mayor and members of the General Council of The City of Louisville, to erect and keep a sufficient County Jail in and for said County and City; on a failure to do so, each member of said Levy Court, and the Mayor of Louisville and each member of the General Council shall be liable to be indicted and fined in a sum of not less than fifty nor more than one hundred dollars. None of the persons herein named shall be so liable if it shall appear that he did not oppose the erection and keeping of a good and sufficient Jail. 2'The unreported opinion in Camp v. City of Louisville, Court of Appeals, * January 6, 1877, is as follows: Y 0, “The fact that The City of Louisville and County of Jefferson erected a jail at the joint expense of The City and County did not change or affect the allowances to the Jailer, but only required that the expenses incurred should be contributed by each in such proportions as had been agreed on by the contracting parties. The items constituting this joint expense never entered into the agreement for the reason that the law authorized and designated the character of expenses to be incurred, and any other appropriation would have been without legal sanction. They were required to build and keep in repair a safe and suitable county jail, and were empowered to create such other expenses as were permitted to be made by statute and required to be paid out of the county levy. Neither the County nor The City had the right to use the public money or to burden the citizens with taxation for the purpose of paying all such expenses as they might see proper to create. We have been cited to no provision of the statute or to any local enactment that permitted the County Court of Jefferson, or The City and County combined, to make appropriations and incur expenditures that could not have been incurred by any other County Court in the State. The expenditures must. necessarily be greater in such a city than in the counties of the State, still they must be for the same purpose and within the authority conferred by the statute. No contract was ever made with the Jailer and none by The City and County except that such corporation agreed to contribute a certain pro- COUNTY RELATIONS. 13. In any action by any person for damages received by reason of such failure the recovery shall be against the County Levy Court and The City of Louisville. The Court rendering the judgment to apportion the same between said County and City, in the same proportions as the fines provided in Section 1 hereof. * fas" SEE BoUNDARY AND SUBDIVISION— CONDEMNATION— CONTRACTS— Courts oF LAwW—INSPECTION, WEIGHTS, AND MEASURES — POLICE. portion to defray the expenses authorized by the statute in providing such a prison. The fact that the Jailer had been furnished with gas and water for many years can evidence no contract, as the Jailer has no right to demand, or the County and City to give, more than the law authorizes. It is the duty of the Jailer to furnish light and water, as much so as it is to furnish the prisoners with bread and meat. For the discharge of these duties the Jailer is amply paid by the fees allowed by the statute; and in the absence of any contract, express or implied, between the appellee and the Jailer, the only ground upon which to base a judgment for the appellant is the long continued exercise of an unwarranted power by The City of Louisville in making this improper expenditure. Its officials have no greater right to use the public money in this way than they could have to pay all the expenses, leaving to the Jailer the entire fees as the net income of his office. The means provided by The City and County for conveying water to the Jail and other conveniences connected with the building, lessen the labors of the Jailer in the discharge of his duties, but in nowise evidence the existence of ' a contract between him and The City. The judgment below is affirmed.” 3 Section 11, preceding. 179 GAs Wald aa Bod Rt Oub hh COURTS OF LAW. GOR Loe ba. 1. The charter provisions govern- ing the City Court superseded. 2. To be a court of record; officers. 3. Qualifications of the officers. 4, Election and term of each officer. 5. The Court’s jurisdiction and the powers incidental thereto. 6. Power to cause arrests on charges of felony; to hear, determine, admit to bail, or take recognizance in such cases; the powers to be identical with those of the County Judge. 7. Power to hear complaints for breaches of the peace and require security for good behavior. 8. Power to hear and determine complaints for breach of ordinances and violation of penal laws, and to impose fines and penalties; fines ex- ceeding twenty dollars to be imposed as the result of trial by jury. 9. As an examining court in felony cases. 10. When to be open for business as a court of inquiry. 11. May prescribe rules. 12. Duties, oath, and salary of the Judge. 13. Judges pro tempore. 14. Disqualification of a Judge. 15. Place of holding court. 16. The Clerk of the City Court; his oath, bond, powers, penalties. 17. Vacancies; how filled. 18. Neglect of certain duties a mis- demeanor; fine. 19. Power to issue mesne and final process. ® 20. Prosecuting Attorney; his oath and duties. 21. Attorneys pro tempore; oath and compensation. 22. Marshal; his oath, bond, and duties. 23. Deputies. 24. May take bail; liability. 25. Commitment to the Work- house on capias pro fine. 26. The modifying, setting aside, and annulling of orders of court. 27. Appeals. 28. Warrants for arrest in cases of misdemeanor. 29. Application of moneys paid by defendants. 30. Fines, fees, and commissions to be kept in an account-book, which shall be open to inspection. 31. Witness fees. 32. Power of the Mayor and Coun- cil to remit fines. 33. Jurisdiction of the Court. 34. Trials without and with a jury; holding to bail and imposing of fines; commitments to prison. 35. Preliminary examinations; bail bonds and recognizances; monthly terms of Court. 36. Authority of policemen to exe- cute warrants, subpoenas, and attach- ments. 37, Amendment of Section 14, rela- tive to Judges pro tem. 38. Amendment of Section 23, rela- tive to vacancies in the office of Marshal. COURTS 39. Compensation of the Prosecut- ing Attorney. 40. Fees of the Clerk of the City Court; his deputies, books and sta- tionery. 41. Fees of the Marshal; his dep- uties. 42. Previous laws relative to the compensation of the Clerk and Mar- shal repealed. 43. Amendment of the foregoing act. 44, Interpreter; his appointment, salary, duties, and term. 45. Term extended and salary in- creased. 46. When the act is to take effect. 47. The Clerk to make no charges of commissions in cases wherein The City is a party or has interest; salary in lieu thereof; other compensation. 48. The Marshal to. make no charges of commissions in cases wherein The City is a party or has interest; salary in lieu thereof; other compensation. 49. Compensation of the Prosecut- ing Attorney. — 50. Costs in cases of wrongful arrest or failure to prosecute. 51. Additional exclusive jurisdic- tion given the Court. 52. The act not to affect the pres- ent incumbents of the offices. 58. Claims of the Clerk and Mar- shal against The City. 54. Repeal of previous conflicting enactments. 55. Jurisdiction of misdemeanors extended one mile without the City limits. ‘ 56. Restrictions of this jurisdiction. OPY Tes: Ws 57. Eligibility to the office of Pros- ecuting Attorney. 58. The Marshal to settle accounts with The City at least once a month. 59. The enforcement of payment under statement of accounts. 60. The salary of the City Court Judge increased. 61. Jefferson Court of Common Pleas; trial of validity of ordinances; appeals from City Court. 62. The Council authorized to add to the salaries of the Chancellor of the Louisville Chancery Court and the Judge of the Jefferson Court of Common Pleas. 63. The salaries of certain Judges increased; condition. 64. Exemption of auctioneers from jury-service. 65. Exemption of certain persons from jury-service. 66. Changes of venue in Justices’ Courts of The City regulated; fine. 67. The City newly laid off into Justices’ Districts. 68. Elections of Justices and Con- stables. 69. Commencement of terms of such officers. 70. Transfer of records and other property by retiring incumbents. 71. Abolishment of the old dis- tricts. 72. Non-compliance with Section 58 a misdemeanor. 73. Deputy Constables. 74. The Jefferson County Court not to alter the Districts. 75. May take bail in misdemeanor cases. 76. May take bail after examina- tion in felony cases. 1. That part of an act establishing a new charter for The City of Louisville, approved March 3, 1870, which is embraced under the title Judicial, is amended so as to read as follows: 2. The City Court of Louisville shall bea court of record, composed of a single Judge, and shall have a Clerk, Prosecuting Attorney, and Marshal. 181 An act reg- ulating the City Court of Louisville and the remunera- tion of its offi- cers. Approv- ed February 21, 1880. 182 COURTS OF LAW. 3. The Judge shall have the qualifications of a County Judge, the Clerk the qualifications of a County Clerk, the Attorney the qualifications of a Commonwealth’s Attorney, and the Marshal the qualifications of a Sheriff. 4. The Judge, Clerk, Marshal, and Prosecuting Attor- ney shall be elected by the qualified voters of The City at the time and places prescribed by law for holding State elections; and the Judge, Clerk, and Marshal shall be elected for the periods prescribed by Section 41 of Article 4 of the constitution of the State. The Prosecuting Attorney shall be elected for a term of four years. ! 5. Said Court shall have original and exclusive jurisdic- tion of all unindictable misdemeanors committed within said City, and such other special jurisdiction as herein- after stated, and all necessary power to carry into effect the jurisdiction given. 1The City Court of Louisville is a “ Police Court,” and the Judge thereof is a “Police Judge.”—Gross v. Jones, 3 Met., 295. The act of the State legislature conferring upon the City Court of Louisville exclusive jurisdic- tion in all misdemeanor cases is not unconstitutional, although it deprives the magistrates within The City of the right to earn the fees taxable in such cases.— Stephens and others v. Williamson, Court of Appeals, May 5, 1883, unreported. The clerk of the city court of Paducah brought suit to recover his percentage of fines which were adjudged by that court to be paid by various convicted persons, and which were paid in work upon the city’s streets, and was awarded judgment.—City of Paducah v. Calhoun, 78 Ky., 323, This case recognizes the existence of implied contracts and obligations on the part of municipal corporations. The Clerk of the Louisville City Court is not entitled to fees in cases where the judgment is satisfied by labor in the City Workhouse.— Loran v. City of Louisville, Court of Appeals, Sept. 28, 1882, unreported. An act of March 9, 1868, providing that where a judgment of the City Court of Louisville shall be satisfied by labor in the City Workhouse The City shall not be required to pay anything to any officer on account of his fees in the case, was not repealed by the provision of the charter of 1870, giving the Clerk a salary in lieu of fees, and the Clerk, by an amendment to the charter of 1870, being again allowed fees, the act of March 9, 1868, applies—Jb. See the late act of the legislature on this subject, Section 47, above. When the State requires services to be performed by its officers for which no remuneration is allowed by law, they must be regarded as ex-officio services, for which no charge can be made.— Wortham v. Grayson County Court, 13 Bush, 53. The City Court of Louisville has no power to enter up a judgment against The City upon which the writ of execution can be lawfully sued out.— Duncan, Trustee, and others, v. Mayor of Louwisville, COURTS OF LAW. 6. It shall also have the power to cause the arrest of all persons charged with felony, to hear evidence of their innocence or guilt, and to commit or discharge or admit to bail any such person, if the offense be bailable, and also to take recognizances, with security, for the appear- ance of such persons before the proper tribunal. The powers of the Judge and the effect of his acts in these matters shall be the same as in the case of a County Judge in other counties. 7. Said City Court shall have power to hear all com- plaints for breaches of the peace, and to require security for the good behavior of any one charged with and guilty of such offense, and may commit the offender to the W ork- house until good security be procured. § Bush, 98. A prosecuting officer, who has prosecuted a penal action to judgment in the lower court has not such a right in the judgment, by reason of his commission, as can not be taken away by a repeal of the statute which was the foundation of the action pending an appeal.— Speckert v. City of Louisville, 78 Ky., 287. As the City Court of Louisville is not a County Court, the Judge has no power to appoint an attorney for the commonwealth. Nor is there any such office as an attorney of the commonwealth for that Court. Nor is it the duty of the Commonwealth’s Attorney for the District to act as such in the City Court.—Tesh v. Commonwealth, 4 Dana, 522. The office of Prosecuting Attorney of the Louisville City Court is not of consti- tutional, but of legislative creation, and the duration, as well as the existence of that office, depends on legislative will—Jd., and Bruce v. For, 1 Dana, 447. It is competent for courts of criminal jurisdiction to appoint persons to prosecute when no other mode of appointment is prescribed. The authoity of a Prosecuting Attorney of the City Court of Louisville, appointed by the Judge, and employed by the Mayor and Council, admits of no doubt.— Tesh v. Commonwealth, 4 Dana, 522, And even when a prosecution was carried on without the aid of a Prosecuting Attorney, or by one who, with the assent of the Court, prosecuted without competent authority, the fact is not material after verdict, and the convicted can take no advantage of it—Ib. G. being elected Prosecuting Attorney of the Louisville City Court on the first Monday in August, 1880, was entitled to hold the office from the first Monday in September following.— McGee v. Gill, 79 Ky., 106. A provision to abolish a court may be inserted in the same act by which it is created; in other words, its duration may be limited, consistently with the constitution ; and an act of 1836, establishing the City Court of Louisville, to continue for four years only, was clearly constitutional.— Tesh v. Commonwealth, 4 Dana, 522. The superior courts in Kentucky are not bound to take judicial notice of the customs, laws, or proceedings of inferior courts of limited jurisdiction.— March v. Commonwealth, 12 B. Mon., 25. 183 184 COURTS OF LAW. 8. Said Court shall hear and determine all complaints for breaches of City ordinances, for violations of the penal laws of the commonwealth, and shall impose such fines and penalties as may be prescribed by said ordinances or the penal laws of the State; but the Judge can not impose any fine exceeding twenty dollars in amount; for the im- position of any fine exceeding twenty dollars, he shall cause a jury to be summoned and sworn to try the case, and the case shall be tried in the manner prescribed for the trial of criminal cases in Circuit Courts, unless the right to have a jury be waived by the party to be tried. 9. The powers and jurisdiction of said City Court and the duties and powers of the officers thereof shall be and remain as now established by law; and it shall be the duty of the Judge and Prosecuting Attorney of said Court to examine into all cases of felony committed within the limits of The City of Louisville; and for that purpose said Court is invested with exclusive jurisdiction as an examining court in all such cases arising in said City. In case the party or parties accused shall be held for further trial, the substance of the testimony of all the witnesses for the commonwealth shall be reduced to writ- ing by the Judge, or such official reporter as he may designate and pay; and the evidence so taken down shall be by said Judge transmitted to the Prosecuting Attorney of the Jefferson Circuit Court. 10. Said City Court, as a court of inquiry, shall always be open for business, Sundays excepted. 11. It may prescribe rules for the speedy and convenient dispatch and regulation of its business; but such rules shall not be in conflict with the laws of the State. 12. The Judge of said Court shall, in said City, bea general conservator of the peace, just as Circuit Judges are in the State. He shall take an oath similar to that required of a County Judge. In lieu of all fees and emoluments for services rendered The City of Louisville, he shall receive from said City a salary of fifteen hundred COURTS OF LAW. dollars per annum. Said salary shall be payable out of the City treasury in monthly installments. In Heu of all fees and emoluments for services rendered this common- wealth, he shall be allowed a salary of fifteen hundred dollars per annum, said salary from the State shall be paid at the same time and in the same manner as the salary of Circuit Judges. Said Judge shall devote his whole atten- tion to the duties of said Court, and he shall not receive any fees or perquisites of any description whatever. 13. When, from any cause, the Judge of said Court fails to attend and hold court, the attorneys present shall elect from their fellow-members in court a judge pro tem. for said Court, in the same manner in which judges pro tem. of Circuit Courts may be elected. The Judge pro tem. shall have the same rights, powers, and duties as the regular Judge has, and for his services said Judge pro tem. shall receive four dollars per day from the State and four dollars per day from The City of Louisville. The Clerk of said Court shall certify to the Auditor of the State the name of the Judge pro tem. and the time of his service; and said Auditor shall thereupon draw a warrant upon the State Treasurer for the amount of money due said Judge for the time he served on the bench at the rate of four dollars per day, and said Treasurer shall pay said warrant. The Clerk of said Court shall also certify to the Auditor of The City of Louisville the name of the Judge pro tem. and the time of his service; and said City Auditor shall thereupon draw a warrant upon the City Treasurer of The City of Louisville for the amount of money due said Judge for the time he served on the bench at the rate of four dollars per day, and said City Treasurer shall pay said warrant. The amount so paid by The City of Louisville and the State to the Judge pro tem. shall be deducted from the salaries due the regular Judge by said City and the State respectively, unless the absence of the regular Judge is in consequence of his sickness, or unless he has been compelled to vacate the bench because of his COURTS OF LAW. interest in the matter on trial, or because of his relation- ship to the accused or to the prosecutor. 14. No one shall sit as Judge if he is interested in any matter.on trial, or is connected with the accused or pros- ecutor by relationship or marriage. No one shall sit as Judge in this Court in any case in which there has been filed by the accused an affidavit to the effect that he can not have a fair trial; Provided, that such affidavit be supported hy the affidavits of at least two credible liousekeepers of The Citv of Louisville. 15. The Judge of this Court shall never hold his Court out of the room provided by the General Council as a City Court room unless said room can not be used. 16. The Clerk of this Court shall take the oath and give the bond required of the Clerk of the County Court. Said bond and the requisite surety thereon must be approved by the Judge of the City Court. The Clerk of said City Court may administer oaths as Clerks of County Courts may, and he shall be subject to the same fines and penalties to which they are subject; and for neglect and violations of duty he may be prosecuted and punished in the same manner in which they may be prosecuted and punished 17. In case of a vacancy of said Clerk’s office the Judge thereof shall fill it if the unexpired term be less than one year; if it be more he shall appoint some one to fill the office till the next general election after the vacancy, at which election a new Clerk shall be regularly elected as in the first instance. ; 18. If said Clerk and his deputy fail for one week to write in the order-book of the Court the orders and pro- ceedings of the Court on any day, said Clerk shall be ecuilty of a misdemeanor and upon due conviction shall be fined twenty dollars for every offense. 19. The Clerk or his deputy may, upon the filing of an affidavit charging a party with an offense, issue process against the accused party, and said process may be COURTS OF LAW. 187 returnable forthwith. The Clerk or his deputy shall have authority to issue all appropriate mesne and final process in cases cognizable by said Court or which have been adjudicated. 20. The Prosecuting Attorney shall take the oath and come under the obligations prescribed by the constitu- tion and laws for a Commonwealth’s Attorney, and his duties to The City in said Court shall be similar to those of the Commonwealth’s Attorney to the Circuit Court in his circuit, and in all matters before said Court he shall represent the commonwealth or City as the case may be. 21. When said Attorney fails to attend court or to prosecute the parties arraigned before it, and when the Judge of said court considers the business before it requires the attention of a Prosecuting Attorney, he shall, from the members of the bar present, appoint one to serve as Prosecuting Attorney pro tem. The person so appointed shall take the oath of office prescribed for the regular prosecutor, and for his services he shall receive such part of the salary of the regular Prosecuting Attor- ney, aS the Judge, on motion after due notice to the Prosecuting Attorney, may summarily decide to be fair and reasonable; but the compensation allowed said Prose- cuting Attorney pro tem. shall not be estimated ata greater rate than five dollars per day. The amount so paid said Prosecuting Attorney shall be deducted from the salary of the regular Prosecuting Attorney unless said Prose- cuting Attorney is absent or fails to prosecute on account of his sickness. . 22. The Marshal of said Court, before he enters upon the duties of his office, shall take the oath prescribed for Sheriffs by the constitution and laws of the State. He shall execute a bond, with good security, for the faithful discharge of his duties. Said bond must be like the bond which is prescribed by law for Sheriffs. The process of said City Court shall be addressed to and executed by said Marshal, unless the Judge causes it to be addressed to a Sheriff, Constable or policeman, Said process shall 188 COURTS OF LAW. run in the name of the commonwealth of Kentucky, and may go into any county of the commonwealth; and said Marshal may execute it anywhere in the State, or appoint, by indorsement on the process, a special bailiff to execute it, and said bailiffs rights, powers, and fees shall be the same as those of the Marshal. Policemen may summon witnesses, but when they do so the fees collected for such services shall be paid into the City treasury solely for The City’s benefit. 23. Said Marshal, if he desire it, shall be allowed to appoint two deputies, subject to the approval of the Judge. 24. The Marshal shall have power and authority to take bail when it is fixed by law or is indorsed on the writ. He shall be Hable on his bond for the official con- duct of his deputy to the same extent that a Sheriff is liable for his deputy; and such deputy marshal may per- form, in the name of the Marshal, any of his official duties. 29. Unless discharged by authority of law, any person arrested under a capias pro fine shall be committed to the Workhouse, and shall be there detained until the judg- ment against him or her is satisfied by a payment of the fine and costs, or is satisfied by his or her earnings from compulsory work, in or out of said Workhouse, on such wages as the General Council may allow. Until the Gen- eral Council otherwise decides, the time of detention at the Workhouse shall be calculated by allowing the prisoners seventy-five cents per day for work. Persons convicted of petty larceny shall pay such fine and be committed to the Workhouse for such time as the General Council may prescribe, but such fine shall not exceed fifty doNars and such time shall not exceed three months. All fines and recoveries realized in said Court, whether the prosecution be in the name of The City or the com- monwealth, shall be paid into the City treasury as a contribution toward the expenses of said Court. COURTS OF LAW. 189 26. No, order or judgment of this Court shall be modi- fied, set aside, or annulled except in open Court, during the regular hours of the Court, and by the Judge who tried the case. No order or judgment shall be thus modified, set aside, or annulled except on motion duly made in open Court, and accompanied by the written reasons for said motion, and the grounds for modifying, setting aside, or annulling said order or judgment shall be stated briefly, but accurately, by the Judge from the bench, and recorded by the Clerk in the order-book of the Court. The Judge may at any time and in any place suspend for twenty-four hours, and no longer, the en- forcement and execution of any order or judgment. 27. Appeals shall be from the decisions of said Court to the Circuit Court in all cases where the amount of the fine imposed is as much as twenty dollars and is not more than fifty dollars; and appeals shall be from the decisions of said Court to the Court of Appeals when the amount of the fine imposed is fifty dollars or more. In cases where a fine of twenty dollars or less is imposed, under an ordinance, the legality of such ordinance may be tested by The City by an appeal to the Jefferson Cir- cuit Court, or by the defendant by a writ of prohibition from the Jefferson Circuit Court; and after a decision has been rendered in the Circuit Court, as provided for in this Section, either The City or the accused may appeal to the Court of Appeals. 28. No warrant for the arrest of a person guilty of a misdemeanor in said City shall be issued by any one except the Clerk of this Court or his deputy. If the Clerk and his deputy refuse to issue a warrant in any ease, the party desiring the warrant may present his affidavit to the Judge in open Court, accompanied by a motion for a warrant, and the Judge may then direct the Clerk to issue the warrant prayed for. 29. Any money paid by a defendant shall be first applied to the payment of the costs due by him or her, 190 Anact “0 amend an act approved Feb. 21, 1880, and entitled An act regulating the City Court of Louisville and COURTS: OF -LA Ws and then the balance of the money, if any, shall be applied to the extinguishment of the fine imposed. 30. It is hereby made the duty of the Clerk of said Court daily to enter into a book, kept by him for that purpose, a full and complete list and account of all the fees, commissions, and fines taxed, levied, assessed, or col- lected in said City Court. Said books shall be balanced to the last day of each month, and shall be exhibited to the Auditor of said City on or before the fifth day of each succeeding month, and the accuracy of said book shall each time be verified by the oath of such Clerk; and the Auditor shall then eertify to the Treasurer of said City the full amount which shall be due and owing to The City on account of the fees, commissions, and fines taxed, levied, and assessed as aforesaid on the tenth day of the month. The book hereby directed to be kept by the said Clerk of the City Court shall at all times be open to the inspection of the Mayor, Auditor, Treasurer, or any committee of the General Council of the said City, and it is hereby made the duty of the Attorney, Clerk, and Marshal of said City Court to give to said Mayor, Auditor, Treasurer, or committee any information or facts in their possession touching the business of said Court, and the fees, commissions, and fines taxed, levied, assessed, and collected thereon. 31. Witnesses shall not be allowed any fees for attend- ance on this Court unless they live beyond the limits of The City of Louisville. If they live outside of said City they shall be allowed such fees as are allowed witnesses in the Circuit Court. 32. Nothing in this act shall be construed to prevent the Mayor and General Council from remitting any fine, penalty, or cost. 33. The City Court of Louisville shall have the same jurisdiction within The City of Louisville as is conferred on city and police courts by Section 13 of the Criminal Code of Practice. It shall have exclusive jurisdiction as an examining court of all offenses committed within The COURTS OF LAW. 19] City of Louisville, and its powers in such cases, and the the ee = . 4 tion of its offi- effect of its acts, shall be the same as those of a County cers. Approv- a . . > f +] IF Judge in other counties. ee Pa ees 34, In all cases where persons are presented to said Court charged with an offense within its jurisdiction the punishment of which is limited to a fine of twenty dollars or less, the Judge may hear and determine the case and impose such fine without the intervention of a jury; in all other cases he shall cause a jury to be impaneled, unless waived by the party charged; and in all cases of drunkenness or disorderly conduct, in addition to imposing a fine, he may hold the offender to bail in any sum not exceeding one thousand dollars to keep the peace and be of good behavior for any length of time not exceeding one year, or he may impose the fine without holding to bail; but in no case shall he hold to bail without imposing a fine; and thereupon the offender shall be forthwith committed to the City Workhouse, and shall there be kept in custody until the bail be given or the time for which it was required shall have expired, and until the fine and costs are paid or replevied or satisfied by labor as provided by law. 39. In all preliminary examinations before said Court when the offense charged is not capital, the accused shall be admitted to bail to answer from day to day until the case shall be disposed of; and no person who is charged with an offense not capital in The City of Louisville, and who tenders propes and sufficient bail, shall be committed to jail or the station-house unless intoxicated or violent at the time, or arrested after or before the regular business hours of the day, or at night, or on Sunday; but shall be taken forthwith before said City Court if in session, or if not in session before the Clerk of said Court, or before the Judge of said Court if the Clerk can not be found, and bail shall be accepted by said Court, or Clerk, or Judge, as the case may be. All such bail-bonds or recognizances, if forfeited, shall be prosecuted to judg- ment in said Court, in the same manner as provided by COURTS OF LAW. law for similar cases in the Circuit Courts; and for that purpose the said Court shall hold monthly terms, to commence on the first Monday of each month. 36. Policemen shall have power to execute warrants of arrest, and subpoenas and attachments for witnesses, whether the same be directed to them or not. 37. Section 5? of said act, entitled ‘‘ An act regulating the City Court of Louisville and the remuneration of its officers,’’? is amended by adding after the words ‘‘sup- ported by the affidavits of two credible housekeepers of The City of Louisville,’’ the following words: ‘‘ When the Judge of said Court is compelled to vacate the bench because of the filing of said affidavits, the Judge pro tem. who tries the case shall not receive any pay for his services unless the trial of the case occupies more than one day, and then he shall be paid only the sum of four dollars per day; and said sum on the written request of said Judge pro tem. shall be paid by The City of Louisville, and shall be deducted from the salary of the regular Judge.”’ 38. Section 9% of said act is amended by adding the following words: ‘‘ In case of a vacancy of said Marshal's office the Judge of said Court shall fill said office if the unexpired term be less than one year; if it be more, he shall appoint some one to fill the office till the next general election after the vacancy, at which election a new Marshal shall be regularly elected as in the first instance.” 39. The Prosecuting Attorney, subject to the provisions, limitations, and conditions of Section 84 and Section 16° in said act, entitled, ‘‘An act regulating the City Court of Louisville and the remuneration of its officers,’’ shall receive as compensation for his services thirty per cent. of all fines and forfeitures imposed and adjudged by said 2Section 14, preceding. 3Section 23, preceding. 4Section 20, preceding. 5Section 31, preceding. COURTS OF LAW. 193 Court; but no taxed fees shall be allowed in any prose- cution or action. 40. The Clerk of the City Court of Louisville shall be entitled to the same fees as are now allowed by law to the Clerk of the Jefferson Circuit Court for similar services, not exceeding one dollar and twenty-five cents in each suit or proceeding in said Court, to be charged to and paid by the party for whom the services are rendered. He shall furnish his own deputies and all books and stationery for his office at his own expense. 41. The Marshal of the City Court of Louisville shall be entitled to fees for his services at the rate’ of fees allowed to the Sheriff of Jefferson County for several services, not exceeding one. dolar and twenty-five cents in each suit or proceeding in said Court, to be charged to and paid by the party for whom the services are rendered. He shall furnish and pay his own deputies. 42. All laws or parts of laws heretofore enacted regu- lating or relating to the compensation of said officers are hereby repealed. 43. An act entitled ‘‘An act to amend an act establish- ing anew charter for The City of Louisville, approved March 38, 1870, and to regulate the compensation of the Clerk and Marshal of The City of Louisville,’”’? approved March 10, 1882, be amended by inserting in the title thereof the word ‘‘Court”’ after the word ‘‘City”’ and before the word ‘‘of’’ in the last line of said title, and by striking from the second Section of said act the word ‘several’? and inserting the word ‘‘similar’’ in place thereof. 44. Section 10 of an act entitled ‘‘An act regulating the City Court of Louisville,” approved February 21, 1880, is hereby amended as follows: ‘‘The Judge of the City Court of Louisville shall appoint an Interpreter for said Court for a term of three years. The said Interpreter shall receive an annual salary of six hundred dollars to be paid in monthly installments out of the City treasury. He shall attend said Court during its sessions, and be 13 An act to amend an act entitled An act establishing a new charter for The City of Louisville, ap- proved Mar. 3, 1870, and to regulate the compensation of the Clerk and Marshal of The City of Lowisvilte. Approved Mar. 10, 1882. An act to amend an act entitled An act to amend an act entitled an act establishing a new charter for The City ot Louisville, ap- proved Mar. 3, LSLO ads FO regulate the compensation of the Clerk and Marshal of The City of Louisville, ap- proved Mar. 10, 1882. Approv- ed April 1,1882. An act to amend an act entitled An act regulating the City Court of Louisville and the remunera- tion of its offi- cers, approved Feb. 21, 1880. Approved Apr. 21,1882. 194 An act in re- lation to the Interpreter of the City Court of Louisville. Approved Apr. 12, 1884 An act to amend an act entitled An act establishing a new charter for The City of Louisville, ap- proved Mar. 3, 1870. Aprpov- ed May 8, 1884. COURTS OF LAW. subject to its orders. For a failure to perform his duties the Court may remove him and appoint another to fill his place. The Interpreter provided for herein shall be ap- pointed by said Court on the first Monday in September, 1882, and he shall hold his office for the term of three years from the date of his appointment. ° 45. The term of office of the Interpreter of the City Court of Louisville shall be four years, and he shall receive an annual salary of nine hundred dollars, to be paid in monthly installments out of the City treasury. 46. This act shall take effect from and after its passage, except that part thereof which relates to the term of office of the said Interpreter which shall take effect from and after the expiration of the term of the present Inter- preter of said City Court. 47. Hereafter the Clerk of the City Court of Louisville shall have no right to make any charge against or collec- tion from The City of Louisville for any services rendered by him as Clerk in any suit, action, or proceeding in said Court in which said City is a party or has an interest, and in lieu thereof, the Clerk of the said City Court of Louisville shall hereafter be paid by The City of Louis- - ville the sum of one thousand dollars per anna, payable quarterly, as full compensation for all fees and costs for services rendered by the Clerk of said Court to The City of Louisville. The Clerk of said Court shall be entitled to have, charge, and receive from the defendant as costs, only on conviction, fees not exceeding two dollars in each suit, action, or proceeding in said Court. Otherwise than as provided by this act the Clerk of said Court shall be entitled to-have, charge, and receive the same fees as are now allowed by law to the Clerks of the Circuit and County Courts of this commonwealth for similar services. The Clerk of said Court shall furnish his own deputies and all books and stationery for his office at his own expense. 6 Hnacted in lieu of Section 10 of the act of February 21, 1880. COURTS OF LAW. 48. Hereafter the Marshal of the City Court of Louis- ville shall have no right to make any charge against or collection from The City of Louisville for any services rendered by him as Marshal in any suit, action, or proceeding in said Court in which said City is a party or has an interest, and in lieu thereof the Marshal of said City Court of Louisville shall hereafter be paid by The City of Louisville the sum of one thousand dollars per annum, payable quarterly, as full compensation for all fees and costs for services rendered by the Marshal of said Court to The City of Louisville. The Marshal of said Court shall be entitled to have, charge, and receive from the defendant as costs, only on conviction, fees not exceeding two dollars in each suit, action, or proceeding in said Court. Otherwise than is provided by this act, the Marshal of said Court shall be entitled to have, charge, and receive the same fees as are now allowed by law to Sheriffs of this commonwealth for similar services. The Marshal of said Court shall furnish his own deputies and all books and stationery for his office at his own expense. 49. The Prosecuting Attorney of the City Court of Louisville shail be entitled to have, charge, and receive as compensation for his services, thirty per cent. of all fines and forfeitures collected in the City Court of Louis- ville during his term of office, either made to The City or the commonwealth, which shall be in lieu of all salary and fees of any kind. 50. When a suit, action, or proceeding in the City Court of Louisville is dismissed for the reason the defendant was wrongfully arrested, or the prosecuting witness fails to appear and testify, the Court may dismiss such case at the costs of the prosecuting witness, and such witness be required to pay the costs, and for that purpose may be proceeded against by the imposition of a fine not exceeding five dollars, or as in cases of contempt. 51. The said City Court of Louisville in addition to 19, 196 An act to amend the charter of The City of Louis- ville. Approv- ed May10,1884. COURTS OF LAW, the jurisdiction it now has by law shall have exclusive jurisdiction of all prosecutions or proceedings for the punishment of keepers of all bawdy or other disorderly houses within the limits of The City of Louisville. 92. The foregoing provisions of this act as to the Clerk of the City Court of Louisville, the Marshal of the City Court of Louisville, and Prosecuting Attorney of the City Court of Louisville, shall not take effect or go into operation until after the expiration of the term of office of the present Clerk, Marshal, and Prosecuting Attorney of the City Court of Louisville. 93. The fees and emoluments of the present Clerk and Marshal of the City Court of Louisville shall be and remain as now allowed by law during their present term of office, except that the claims of said officers against The City of Louisville for fees or for services shall not exceed the amount of money collected by The City of Louisville from the City Court of Louisville, or paid into the City treasury as the proceeds of fines or forfeitures imposed or adjudged by the said City Court of Louisville, the said City in no event to pay said Clerk and Marshal more than is received by the said City from the fines and forfeitures had in said Court during their present term of office. 54. All acts or parts of acts in conflict with this act are hereby repealed. oo. The charter of The City of Louisville is hereby amended as follows: The City Court of Louisville shall have jurisdiction to try misdemeanors and the police of said City shall have authority to arrest persons committing misdemeanors within one mile outside of said City limits as if said offenses had been committed within the limits of said City. 06. This authority shall not extend nor interfere with chartered privileges of the towns of Crescent Hill, Park- land, and Clifton. The provisions of this act shall not apply to the grounds owned, loaned, or controlled by the COURTS OF LAW. 197 Eclipse Base Ball Association. That if the persons arrested are residents of The City of Louisville then they shall be tried by the City Court of Louisville, but if the persons arrested are residents of Jefferson County then they shall be tried by any Justice of the Peace in Jeffer- son County. 57. Section 41 of the charter of The City of Louisville, approved March 3, 1870,7 is hereby so amended as to make eligible to the office of Prosecuting Attorney of the City Court of Louisville any person who is not less than twenty-four years of age, and who has practised law in the City, County, and State Courts held in The City of Louisville for a period not less than one year preceding the day of election. All laws contrary to this act are hereby repealed. 58. It shall be the duty of the Marshal of the City Court of Louisville to settle with and pay over to the Treasurer of The City of Louisville all sums of money due said City on fines and forfeitures in said City Court at least once in each month. 09. It shall be the duty of said City Court to cause said settlement to be made, and enforce the payment of such sum or sums as may be due The City of Louisville from said Marshal at any time, by rule or other sum- mary process; or The City of Louisville may, if it elect so to do, recover said sum by action in the Jefferson Court of Common Pleas on the bond of said Marshal. 60. Section 4 of an act entitled ‘‘An act regulating the City Court of Louisville and the remuneration of its officers,’? approved February 21, 1880, is amended as follows: That where in the sixth line of said Section 4 of said act the words ‘‘fifteen hundred dollars’’ appear the same be struck out, and that in lieu thereof the words ‘‘two thousand dollars”? be inserted, so that the sentence 7Section 41 of the charter was repealed by “ An act regulating the City Courts of Louisville and the remuneration of its officers,’ approved February 21, 1880. An act to amend Sec. 41 of the charter of Louisville, approved Mar. 3, 1870. Ap- proved May 8, 1884. An act con- cerning the City Court of Louisville. Approved Mar. Al 1Sit. 198 An act for the benefit of The City of Louisville, and to amend the charter of said City. Approv- ed Mar. 9, 1868. An act to authorize the general Coun- cil of Louisville to inerease the salary of the Judge of the Pours ie Chancery Court 2 TiC O uenketl Court of Com- mon Pleas of Jefferson County. Ap- proved Mar. 9, 1868. An ordin- ance for the benefit of the Judges of the Jefferson Court of Common Pleas, of the Jefferson Cir- cuit Court and Louisville Chancery Court Approved Feb. 1, 1869. COURTS OF LAW. of said Section as amended will read, ‘‘In lieu of all fees and emoluments for services rendered The City of Louis- ville he shall receive from said City a salary of two thousand dollars per annum.’ But nothing in this act shall be so construed as to increase the compensation from the State of Kentucky. 61. The validity of The City ordinances may be tried by a writ of prohibition from the Judge of the Jefferson Court of Common Pleas, with the right of appeal to the Court of Appeals by either party. Should the Judge of the City Court decide against the validity of any City ordinance, said decision, with the ordinance, shall, on request of the City Attorney, be certified on the record, and The City of Louisville shall have the right by appeal to carry said decision for review direct to the Court of Appeals, or to the Jefferson Court of Common Pleas and thence to the Court of. Appeals if The City should so elect. 62. The General Council of The City of Louisville is hereby authorized to appropriate any sum not exceeding two thousand dollars annually to the Judge of the Louisville Chancery Court, and the same sum to the Judge of the Court of Common Pleas of Jefferson County, to be paid to said Judges quarterly, as an addition to the salary now allowed said Judges by law. The sum which may be appropriated under this act shall not be increased or diminished during the term of office of either of said Judges. 63. Asumof money sufficient therefor is hereby appro- priated out of the revenue of The City for the present and each year hereafter, to give to each of the Judges of the above-named Courts the sum of one thousand dollars per annun in addition to their present salaries. Said one thousand dollars each is to be paid every year to the said Judges in quarterly installments. And the Auditor is hereby authorized and directed to draw his warrant for the same atthe end of each and every quarter, v7z: at the first of April, July,October,and January. And said quarterly COURTS OF LAW. installments and salary is hereby declared to have begun and become due from the first day of January, 1869; Provided, that in the event the legislature of the com- monwealth of Kentucky shall increase the salary of said Judges, the amount of the salary of said Judges so increased by the legislature shall be deducted from the sum hereby appropriated. 64. All persons in this commonwealth who are now or may be hereafter engaged in the business of an auctioneer of commission houses in The City of Louisville, shall be exempt from serving on juries while carrying on such business. 65. Whereas, the time served by the jury in the case of Thomas M. Green against Thomas F.. Hargis, a period extending from February 4, 1880 to June 4, 1880, or in all more than seventeen weeks, equals the average time required of citizens of this commonwealth for service on juries; therefore, H. A. Witherspoon, Joseph Gault, W.C. Priest, W. L. Murphy, Henry W. Barrett, Joseph Enders, R. C. Hill, Henry Winter, Joseph H. Otter, J. T. Campbell, R. C. Miles, and W. C. Kendrick, who com- posed the jury aforesaid are hereby exempted from jury service in this commonwealth for a period of ten years from the date of the passage of this act. 66. Justices of the Peace of The City of Louisville cranting changes of venue as provided in Section 1, Article 3, Chapter 12; and Section 3, Article 18, Chapter 28 of the General Statutes, shall not grant such changes of venue to any Justice outside of The City of Louisville unless by the written consent of the parties to the suit. Any Justice of the Peace violating the provisions of this act shall be guilty of a misdsmeanor and fined in a sum of not less than five nor more than twenty dollars. 67. The City of Louisville is hereby laid off into four Justices’ Districts as follows, to wit: The First District thereof is composed of the First, Second, and Third wards of said City; the Second District thereof 1s com- posed of the Fourth, Fifth, and Sixth wards of said 199 An act to exempt auc- tioneers of com- mission houses in The City of Louisville from serving on ju- ries. Approved Feb. 5, 1880. An act for the benefit of H. A. Wither- spoon and oth- ers. Approved Mar. 18, 1882. An act to regulate the changes of ven- ue in Justices’ Courts of The City of Louis- ville. SA p- proved Jan. 7, 1882. An act to re- duce the num- ber ot Justices’ Districts and to lay off and establish four Justices’ Dis- tricts in The 200 COURTS OF LAW. City of Louis- City; the Third District thereof is composed of the ville. Ap- roved Mar. 29, 1882. Seventh, Eighth, and Ninth wards of said City; the Fourth District thereof is composed of the Tenth Eleventh, and Twelfth wards of said City. 68. An election for two Justices of the Peace shall be held in each of said Districts on the first Monday in August, 1882, and on the same day every fourth year thereafter; and for a Constable in each of said Districts on the first Monday in August, 1882, and on the same day every second year thereafter. 69. The term of office of said Justices of the Peace and said Constables shall commence on the first day of June in the year:succeeding their election. | 70. Justices of the Peace of Districts in said City, as heretofore established within, or in part within, Districts as established by this act, shall at the expiration of their present term of office turn over to and deposit with the Justices of their respective Districts as established by this act all public records, books, dockets, papers, docu- ments, and property belonging to their office. 71, All Justices’ Districts in said City except as herein laid off and established are hereby abolished, to take effect at the expiration of the present term of office of the present Justices of said City. | 72. Any Justice of the Peace of said City failing or refusing to comply with the requirements of Section 48 of this act shall be guilty of a misdemeanor, and upon conviction fined in a sum not less than twenty nor more than two hundred dollars. 73. Every Constable of said City may, by and with the approval of the Jefferson County Court, appoint some fit person or persons (not exceeding two in each of said Justices’ Districts) possessing in every respect the same qualifications of a Constable, to perform all the duties and acts which may be performed by such Constable; and 8Section 68, preceding. COURTS OF LAW. said appointment shall be revoked by said Court on motion of said Constable. Said Constable shall be re- sponsible upon his official bond for the official neglect, misconduct, or other official act of such appointee. Said Constable may require such appointtee to give to him a bond with surety to the same import and effect as the bond required by law of said Constable to the common- wealth, and said appointee and his sureties or surety shall be responsible to said Constable upon said bond for the official neglect or misconduct or default of said appointee. 74, The Justices’ Districts laid off and established by this act shall not be altered, changed, increased, or inter- fered with by the Jefferson County Court. 75. They (Justices of the Peace) shall have concurrent jurisdiction with the officers now authorized by law to take bail“of persons charged with the commission of misdemeanors for their appearance before the proper tribunal. 76. They shall have the same original jurisdiction to take bail in cases of felony, after finding by examination that said cases are bailable, as the Justices throughout the State now have. BGS See Acts AND ORDINANCES—BUILDINGS—CiITY ATTORNEY—Con- DEMNATION—CoRPORATE PowERS—County RELATIONS—FINES AND MIs- DEMEANORS—LICENSE—MECHANICS, LABORERS, AND MATERIALMEN— PoLicE—TAXATION. 201 An act to regulate the jurisdiction of Justices’ of the Peace in The City of Louis- ville. JAp- proved April 22, 1882. An act es- tablishing a new charter for The City of Louisville. 3, 1870. Sec. 9. OCHA PY HR xX ’ ELECTIONS. C ON THEN TS ¢ 1. An Election Board created. 2. First general election under the charter of 1870. 3. The time during which polls must be kept open. 4. Qualifications of a voter. 5. Places of voting, precincts, offi- cers of election, and manner of conducting elections. 6. Special elections to ascertain the popular will as to charter amend- ments. 7. Regulation of elections; poll books, returns, notice, certificates. 8. Officers of election enumerated; selection and government of same. 9. Salaries of officers of election. 10. The pay-roll of election officers. 11. Contested elections; -a board to determine contests established. 12. A contested election of a mem- ber of the Council to be determined otherwise. 13. The contesting party to give notice within ten days. 14. Depositions may be taken and read as evidence. 15. Who may contest an election. 16. Elections by the Council, General 17. Special elections. 18. Engine houses and police sta- tions not to be made places of voting. 19. Election precincts and places of voting. 20. Those in the First Ward. 21. Those in the Second Ward. . Those in the Third Ward. . Those in the Fourth Ward. . Those in the Fifth Ward. 25. Those in the Sixth Ward. . Those in the Seventh Ward. . Those in the Eighth Ward. . Those in the Ninth Ward. . Those in the Tenth Ward. . Those in the Eleventh Ward. 31. Those in the Twelfth Ward. 1. An Election Board is hereby established, consisting of the Mayor, one member of the Board of Aldermen, two of the Board of Councilmen, and the Clerk of the Alder- ApprovedMar. men.. Said Alderman and Councilmen shall be appointed by their respective boards in January of each year, to serve for one year. And said Board shall receive all the election returns of that year for municipal purposes, ELECTIONS. 913 compare the votes of the different candidates, and furnish the parties elected certificates thereof within five days. } Any three of said Board may act. Vacancies in said Board may be filled at any time by the respective boards of the Council, and in default thereof they may be filled by the Mayor. At the first election under this charter the Election Board then in office shall discharge the duties imposed on’the Election Board .by this Section. 2. This charter shall go into full force and effect on the first Saturday in March, 1870, and then and thereafter shall be the charter of The City of Louisville. The first general election for Mayor, Aldermen, Councilmen, School Trustees, and other City officers not required to be elected at other times shall be held on that day; but the officers under the City government, and the Police Com- missioners, and the lieutenants and police shall continue in authority until the election and qualification of the 1A tie vote for two candidates for the office of town marshal of the town of Princeton having been received at an election for town officers, under the special statute, which neither required nor authorized the examiners to do more than examine the polls and report the legal number of votes cast for “ach candidate, said board had no right to decide by casting lots.— Hammock v. Barnes, 4 Bush, 390. The general law regulating the examining boards in state, district, and county elections, does not embrace town elections held under special statutes for towns or cities—Jb. The mode prescribed by law to determine who has been elected to an office is a board to examine the poll-books and issue a certificate of election, and a board, in case the election be contested, to decide who is entitled to the office. The decision of the contesting board is final and conclusive on all questions both of law and fact. The courts can not adjudicate upon such questions, or decide such contests; but may by mandamus compel either board to act when it refuses without good cause to do so.— Batman v. Megowan et al., 1 Met., 5383; Newecum v. Kirtley, 13 B. Mon., 517. The signature of the election clerk at the foot of each page of a poll-book is legal evidence of its identity, but the absence of such signature will not of itself be sufficient to authorize the rejection of a page of the poll-book, the authenticity of which is established by legal and competent evidence; certainly an examining board can not reject, but such a board must count all votes certified to by the officers of election.— Clark v. McKenzie, 7 Bush, 523. An action may be maintained against a judge of an election where he refuses, when acting in that capacity, to permit a qualified voter to vote; but to sustain the action it must be alleged and proved that such refusal was knowingly wrongful and not according to the honest under- standing by the judge of his own duties. It must be shown, too, that the An act es- tab'ishing a new charter for The City of Louisville. Approved Mar. 3, 1870. 129: sec. 204 ELECTIONS. An -a¢5 to amend an act entitled An act establishing a new charter for The City of Louisville, approved Mar. 3, 1870. A p= proved Mar. 3, 1871. See. 4. officers provided for in this charter in their stead: The term of each and every City officer and Schodl Trustee who may be elected as provided in this Section? shall expire at the same time it would have expired if said election had been held on the first Tuesday in December, 1869, instead of the day named above. The Mayor, Aldermen, Councilmen, School Trustees, and other City officers who may be elected on the day this charter takes effect shall enter upon the discharge of the duties of their respective offices on the second Monday after said election. 3. At all elections held hereafter in The City of Louis- ville for municipal purposes and the election of City officers the polls shall be opened at 7 o’clock A.M. and closed at 6 o’ clock P. M., and the said polls shall be kept open during that entire time. refusal resulted in the exclusion of the party complaining from the exercise of suffrage.— Canefield v. Bullock, 18 B. Mon., 494; but see Morgan v. Dudley, 18 B. Mon., 693; and Miller v. Rucker, 1 Bush, 135. The duties of an election board are held to be merely mechanical or mathematical; they may possibly judge as to whether or not the returns of the election are in proper form and legally attested, but after that they must compute the votes cast for the several candidates and issue certificates accordingly; such duties are purely minis- terial, and the officers composing the board may be compelled by mandamus to perform them.— Clark v. McKenzie, 7 Bush, 523. And the certificate so issued is the evidence of the election of the person holding it—Jb. Such certificate must be issued to the person credited with the highest number of votes, and, where a board gave a certificate to one who had not received the highest number of votes, the fact was held to be no obstruction to the award- ing of mandamus.—Ib. For, until ministerial officers shall have performed the exact duties imposed upon them by law, they must be considered as in default.— Ib. *There are provisions of the constitution which present a complete corps ol officers for the administration of the State government, executive, legis- lative, judicial, and ministerial, designated in the constitution and provided for by legislative action; but no provision is made for officers for, and the government of municipalities, except Secton 6 of Article 6, which provides that such officers shall be elected in such manner, for such time, and with such qualifications as the legislature may prescribe. This failure to make specific provision in the constitution for city and town governments, the fact that such governments were at the time of the adoption of the constitution and have ever since been controlled by the legislature, taken in connection with the Section 6 of Article 6, clearly shows the intention of the framers of ELECTIONS. 205 4. Voters for City officers shall possess the same quali- fications as voters for State officers. Any laws in force in this commonwealth punishing illegal voting at State elections shall apply to illegal voting in this City for officers or on any subject upon which a vote may be taken, subject to all the provisions of this charter touching the qualifications of the voter. 9. The General Council may, by ordinance, provide two or more voting-places in each ward, define the boundaries of such precincts, and appoint all officers required to conduct City elections; and, if there be two principal political parties, shall divide the officers between them at such voting-places as nearly equal as may be; and the officers of such elections shall be entitled to like pay with like officers of State elections; and such elections, as to opening and closing the polls, and in all other respects, the constitution to leave all these matters to the legislative will. Otherwise the sixth Section of the sixth Article would have no operation, for if the eighth Section of Article second has reference to towns and cities as well as to the election of State governmental officers, the sixth Section of Article sixth is surplusage, there being no space for its occupancy, towns and cities, with all their machinery of government are the creatures of legislative will, as has been repeatedly held by this court. The power to create carries with it the power to destroy, and the power to destroy necessarily implies . the power to regulate. This court has repeatedly construed the sixth Section of Article sixth to mean that the officers therein mentioned should be elected and not appointed, but it has also held that such election need not be by the whole body of the “qualified voters,” but that it might be by a limited number. In the case of Police Commissioners v. City of Louisville, 3 Bush, 599, it was held that a selection and appointment by the Police Commissioners of The City of a police force was an election within the meaning of Section 6, Article 6; and in City of Paducah, v. Cully, 9 Bush, 325, it was held, construing the same Section and Article, that the city council might elect the city treasurer. These cases are in themselves sufficient to determine the construction of this Section, for if the word elected in that Section has reference to the qualification of electors found in the eighth Section of Article second, then the whole body of those qualified to vote under that Section and found within the city limits would have been required to make the election valid. It can not be said that the legislature can limit the number of those who vote for city officers and yet may not regulate or prescribe the qualifications of those who do vote. The selection of a limited body by legislative action to elect is the fixing of the qualifica- tions of electors.— Buckner v. Gordon, Court of Appeals, April 12, 1884. An act es- tablishing a new charter for The City of Louisville. Approved Mar. 3, 1870. Sec. 111 et’ seq. 206 AST a Cit = tO authorize a special election in The City of Louisville. Approved Feb. 9, 1856. Ordinance, approved Apr. 2, 1860. ELECTIONS. shall be conducted as the law requires State elections to be conducted. 6. The General Council of The City of Louisville may order a special election to be held upon any day named in the resolution or ordinance authorizing the same, to ascertain the opinion of the qualified voters upon any of the proposed amendments to the City charter; but such election shall only be upon three days’ notice, to be pub- lished in two or more newspapers in said City. 7. The Mayor shall cause to be prepared and delivered to the clerks of election in each precinct in The City suitable poll-books, in which shall be recorded the name of every person voting and the candidate voted for. At the close of the election the clerk and the judges at each poll shall immediately sum up and enter in the poll-book at the bottom of the list of voters, the number of votes cast for each candidate for each office. They shall then certify over their signatures the list of voters and the number of votes cast for each candidate, each judge taking a copy of the certificate. They shall then seal up the poll- book and deliver it to the sheriff who shall, on the Monday succeeding the election, return it to the Mayor. The Mayor shall issue to the candidates having the highest number of votes for the different offices notice of their election, and summon the Board of Aldermen and Board of Common Council to meet in their respective chambers The word “election” is used in its constitutional sense and meaning to designate a selection by the popular voice of a district, county, town, or city, or by some organized body in contradistinction to the appointment by some single person.—Police Commissioners v. Louisville, 3 Bush, 591, An election by the council of a city is an election within the constitutional provision which requires officers of cities and towns to be elected.—City of Paducah v. Cully, 9 Bush, 323. The qualifications for electors fixed in the several charters of the town and cities of the State are and were so variant that no general rule as to qualifications can be evolved.—Buckner v. Gordon, supra. Long prior to and ever since the adoption of the constitution it has been the legislative rule, rather than the exception, to fix in the charters of towns and cities a qualification for electors different from that prescribed in the constitution for state, county, and district electors.— Jb, ELECTIONS. 207 on the Tuesday next succeeding their election, at 74 o'clock p. M., and -he shall report and return to such meeting the poll-books and certificates. If the judges can not agree as to the qualification of any one offering to vote, the sheriff shall decide between them. The Mayor shall cause a copy of this ordinance to be delivered to each officer of an election, with the notice of his appoint- ment. Any officer of election who shall violate the provisions of this ordinance, shall be fined not less than twenty-five nor more than one hundred dollars. 8. At each place of voting there shall be two judges, one clerk, and a sheriff, who shall be nominated to the Council in November or December of each year by the Council. They shall hold their offices one year, and such of them as shall qualify and be in attendance at an election shall fill all the vacancies in the offices fore on- ducting that election. Persons selected as such officers shall take an oath to discharge their duties with fidelity, and any person selected for such office who shall fail to discharge its duties without having first been excused or relieved from the discharge of the duties of such office by the Mayor of The City, having qualified, shall be fined not less than one nor more than ten dollars. The Mayor shall cause a notice to be delivered to each person appointed as an officer thereof, informing him of his appointment. 9. The following sums are appropriated to all officers acting at elections held in said City, for which she is bound by law to pay, to wit: Judges, two dollars per, day; sheriffs, two dollars per day; and clerks, five dollars per day, to be paid on certificates of the Clerk, out of any money in the treasury applicable to the pay- ment thereof, and charged to incidental expenses. This ordinance shall apply to all officers of elections held as aforesaid, who have not been heretofore paid. 10. It shall be the duty of the Enrolling Clerk of the Council within ten days after each election heid in said Ordinance, approved Dec. Teisile Ordinance, approved July 19, 1856. Ordinance, approved May 11, 1874. City to make out a correct roll of all persons who served , 208 ELECTIONS. Ordinance, approved Apr. 10, 1852. as officers at the election, whether as judge, sheriff, or clerk, and the precinct and ward -where said officers served; also the name of the owner and location of the room used as a voting-place, for which rent is properly payable by The City for said purpose, and the amount to be paid each. The election roll, as thus prepared, shall be reported to the General Council by said Enrolling Clerk within thirty day after each election in said City. 11. When the election of any officer elected under the provisions of the charter of The City of Louisville, other than members of the General Council, is contested, the president of the Board of Aldermen and the president of the Board of Common Council shall constitute a Board to determine the contest, and its determination, if con- curred in by the General Council, shall be final. If the members of the Board do not agree, they shall separately report to the General Council their conclusion and the facts upon which it is founded, and then the General Council shall immediately determine the contest upon the facts reported. 12. When the election of a member of the General Council is contested, that Board to which he belongs shall, after its first meeting after notice of contest shall be given, select a board of three of its members for determining the contest, and its decision shall be reported to that Board of the General Council by which it was appointed for its future action. 13. No application to contest the election of any officer shall be heard unless notice thereof in writing, signed by the party contesting, is given within ten days after the election to the officer returned. The notice shall state the grounds of the contest, and none other coming from the party giving the notice shall afterwards be heard. 14. Immediately after such notice each party may pro- ceed to take proof by depositions, under the same rules and regulations: as govern the taking of depositions in suits in Chancery, except that no dedimus shall be neces- sary in any case. The depositions shall be sealed up by ELECTIONS. 209 the officer taking them, and directed to the board decid- ing the contest. Such depositions, properly taken, shall be read as evidence before that branch of the General Council or the board having jurisdiction of the case; but either may, in its discretion, call for and hear other proof. 15. Any citizen of Louisville may contest the election of any officer on the ground of his ineligibility, but no one but a defeated candidate shall contest an election on other grounds. Any member of either Board of the General Council may, within one week after the first meeting of the General Council, contest the qualification and election of any other member of the Board to which he belongs. 16. Elections of officers by the Council shall be con- ducted in joint session in the hall of the Common Council, at such time as may be appointed by concurrent resolutions of the Boards thereof. | 17. Whenever a special election may be necessary, it may be ordered by joint resolution of the Council, and shall be governed by the same rules as other elections, unless otherwise expressly directed. 18. It shall be unlawful to hold an election in any of the engine-houses or police-stations of The City of Louisville. 19. The election precincts and places of voting shall be at or near the following places: 20. First Ward.— First Precinct: Bounded by the Ohio river on the north, Beargrass Creek on the south, the center line of Hancock Street on the west, and the City limits on the east; the voting-place to be at or near Gay’s lumber office, on Fulton Street, between Cabel and Adams streets. Second Precinct: Bounded on the north by the old bed of Beargrass Creek, on the south by the Louisville and Frankfort Railroad, by the City limits on the east, and the center line of Wenzel Street on the west; the voting-place shall be at or near Kast Main 14 Ordinance, approved Oct. 28, 1858. Ordinance, approved Nov. 5, 1853. Ordinance, approved Feb. 16, 1878. Ordinance, approved Sept. 30, 1882. 210 ELECTIONS. and Pocahontas streets. Third Precinct: Bounded on the north by the Louisville and Frankfort railroad, on the south by the center line of Broadway to Baxter Avenue, thence on the south and east by the southern and western boundary line of Cave Hill Cemetery and the City limits, and west by the center line of Wenzel Street, extended to the center line of Broadway; the voting-place to be on Baxter Avenue, between the bridge and Hamilton Avenue. Fourth Precinct: Bounded on the north by the center line of Broadway to Baxter Avenue, thence on the north and east by the southern and western line of Cave Hill Cemetery, thence on the south by the City limits, and on the west by the center line of Barrett Avenue to the City limits; the voting- place to be at or near the corner of Baxter Avenue and Howard Street. 21. Second Ward.— First Precinct: Bounded on the north by Beargrass Creek, on the south by the center line of Green Street, on the east by the center line of Wenzel Street, and on the west by the center line of Shelby Street; the voting-place to be at or near the corner of Main and Campbell streets. Second Precinct: Bounded on the north by the center line of Green Street, on the south by the center line of Laurel Street extended to Barret Avenue, on the east by the center line of Wenzel Street to Garden Street to terminus in straight line to Barret Avenue, to Laurel Street extended, and on the west by the center line of Shelby Street; the voting- place to be at or near the corner of Campbell and Kellar streets. Third Precinct: Bounded on the north by the center line of Laurel Street, on the south by the City limits, on the east by the center line of Barret Avenue, and on the west by the center line of Shelby Street; the voting-place to be at or near the corner of Logan and Mary Streets. 22. Third Ward.—First Precinct: Bounded on the north by Beargrass Creek, on the south by the center line of Market Street, on the east by the center line of ELECTIONS. Shelby Street, and on the west by the center line of Hancock Street; the voting-place to be at or near the cor- ner of Clay and Main streets. Second Precinct: Bounded on the north by the center line of Market Street, on the south by the center line of Walnut Street, on the east by the center line of Shelby Street, and on the west by the center line of Hancock street; the voting-place to be at or near the corner of Clay and Green streets. Third Precinct: Bounded or the north by the center line of Walnut Street, on the south by the center line of Broad- way, on the east by the center line of Shelby Street, and onthe west by the center line of Hancock Street; the vot- ing-place to be at or near the corner of Clay and Chestnut streets. Fourth Precinct: Bounded on the north by the center line of Broadway, on the south side by the City limits, on the east by the center line of Shelby Street, and on the west by the center line of Hancock Street extended; the voting-place to be at or near the north or southwest corner of Roselane and Shelby Streets. 23. Fourth Ward.—First Precinct: Bounded on the north by the Ohio river, on the south by the center line of Market Street, on the east by the center line of Hancock Street, and on the west by the center line of Preston Street; the voting-place to be on Main, between Preston and Jackson Streets. Second Precinct: Bounded on the north by the center line of Market Street, on the south by the center line of Marshall Street, on the east by the center line of Hancock Street, and on the west by the center line of Preston Street; the voting-place to be at or near the corner of Jackson and Green streets. Third Precinct: Bounded on the north by the center line of Marshall Street, on the south by the center line of Broad- way, on the east by the center line of Hancock Street, on the west by the center line. of Preston street; the voting-place to be at or near the corner of Jackson and Gray streets. Fourth Precinct: Bounded on the north by the center line of Broadway, on the south by the City limits, on the east by the center line of Hancock 211 212 ELECTIONS. Street extended, and on the west by the center line of Preston Street; the voting-place to be held at or near the corner of Jackson and Lampton streets. 24. Hifth Ward.—First Precinct: Bounded on the north by the Ohio river, on the east by the center line of Preston Street, on the south by the center line of Market Street, and on the west by the center line of First Street; the voting-place to be on Main Street, between Floyd and Brook streets. Second Precinct: Bounded on the north by the center line of Market Street, on the east by the center line of Preston Street, on the south by the center line of Walnut Street, and on the west by the center line of First Street; the voting-place to be on Green Street, between East and Floyd Streets. Third Precinct: Bounded on the north by the center line of Walnut Street, on the east by the center line of Preston Street, on the south by Broadway, and on the west by the center line of First Street; the voting-place to be on Chestnut, between Brook and Floyd streets. Fourth Precinct: Bounded on the north by the center of Broadway, on the east by the center of Preston Street, on the south by the City limits, and on the west by the center line of First Street; the voting-place to be at or near the corner of Floyd and Breckinridge streets. 20. Sixth Ward.—First Precinct: Bounded on the north by the Ohio river, on the south by the center line of Green Street, on the east by the center line of First Street, and on the west by the center line of Third Street; the voting-place to be at or near the corner of Second and Jefferson streets. Second Precinct: Bounded on the north by the center line of Green Street, on the south by the center line of Jacob Street extended to Third Street, on the east by the center line of First Street, and on the west by the center line of Third Street; the voting-place to be at or near the corner of Second and Chestnut streets; Third Precinct: Bounded on the north by the center line of Jacob Street extended to Third Street, on the south by the City limits, on the east by the center line of First ELECTIONS. Street, and on the west by the center line of Third Street; the voting-place to be at or near the corner of Second and College streets. 26. Seventh Ward.— First Precinct: Bounded on the north by the Ohio river, on the south by the center line of Green Street, on the west by the center line of Fifth Street, and on the east by the center line of Third Street; the voting-place to be at or near the northwest corner of Third and Jefferson streets. Second Precinct: Bounded on the north by the center line of Green Street, on the south by the center line of York Street, on the east by the center line of Third Street, and on the west by the center line of Fifth Street; the voting-place to be on Fourth Street, between Walnut and Chestnut. Third Precinct: Bounded on the north by the center line of York Street; on the south by the City limits, on the east by the center line of Third Street, and on the west by the center line of Fifth Street; the voting-place to be on Breckinridge Street, between Third and Fourth. 27. Highth Ward.—First Precinct: Bounded on the north by the Ohio river, on the south by the center line of Market Street, on the east by the center line of Fifth Street, on the west by the center line of Seventh Street, the voting-place to be at or near the northeast corner of Sixth and Market streets. Second Precinct: Bounded on the north by the center line of Market Street, on the south by the center line of Chestnut Street, on the east by the center line of Fifth Street, on the west by the center line of Seventh Street; the voting-place to be at or near the courthouse. Third Precinct: Bounded on the north by the center line of Chestnut Street, on the south by the City limits, on the east by the center line of Fifth Street, and on the west by the center line of Seventh Street; the voting-place to be at or near the corner of York and Sixth streets. 28. Ninth Ward.—First Precinct: Bounded on the north by the Ohio river, on the south by the center line of Jefferson Street, on the east by the center line of 213 214 ELECTIONS. Seventh Street, on the west by the center line of Tenth Street; the voting-place to be on the north side of Market Street, between Eighth and Ninth streets. Second Precinct: Bounded on the north by the center line of Jefferson Street, on the south by the center line of Walnut Street, on the east by the center line of Seventh Street, on the west by the center line of. Tenth Street. The voting-place to be on Ninth, near Green Street. Third Precinct: Bounded on the north by the center line of Walnut Street, on the south by the center line of Lexing- ton Street, on the east by the center line of Seventh Street, on the west by the center line of Tenth Street; the voting-place to be at or near the corner of Eighth and Magazine streets. Fourth Precinct: Bounded on the north by the center line of Lexington Street, on the south by the iTty limits, on the east by the center line of Seventh Street, on the west by the center line of Tenth Street; the voting-place to be at or near the corner of Eighth and Churchill streets. | 29. Tenth Ward.—First Precinct: Bounded on the north by the Ohio river, on the south by the center line of Market Street, on the east by the center line of Tenth Street, on the west by the center line of Fourteenth Street; the voting-place to be on Eleventh Street, between Main and Market streets. Second Precinct: Bounded on the north by the center line of Market Street, on the south by the center line of Grayson Street, on the east by the center line of Tenth Street, on the west by the center line of Fourteenth Street; the voting-place to be at or near the corner of Thirteenth and Jefferson streets. Third Precinct: Bounded on the north by the center line of Grayson Street, on the south by the center line of Broadway, on the east by the center line of Tenth Street, on the west by the center line of Fourteenth Street; the voting-place to be at or near the corner of Twelfth and Madison streets. Fourth Precinct: Bounded on the north by the center line of Broadway, on the south by the City limits, on the east by the center line of Tenth ELECTIONS. Street, on the west by the center line of Fourteenth Street; the voting-place to be at or near the corner of Twelfth and Maple streets. 30. Hleventh Ward.—First Precinct: Bounded on the north by the Ohio river, on the south by the center line of Rowan Street, on the east by the center line of Four- teenth Street, on the west by a line commencing at the intersection of Jefferson and Twenty-first streets, thence northwardly with the center line of Twenty-first Street to the center of Portland Avenue, thence eastwardly with the center line of Portland Avenue to the center line of Kighteenth Street, thence northwardly with the center line of Eighteenth Street to the northern limits of the Tity; the voting-place to be on Portland Avenue, near Seventeenth Street. Second Precinct: Bounded on the north by the center line of Rowan street, on the south by the center line of Market Street, on the east by the center line of Fourteenth Street, on the west by the center line of Twenty-first Street; the voting-place to be on Main Street, between Seventeenth and Eighteenth Streets. Third Precinct: Bounded on the north by the center line of Market Street, on the South by center line of Grayson Street, on the east by the center line of Fourteenth Street, on the west by the center line of Twenty-first Street; the voting-place to be on Green Street, between Fourteenth and Fifteenth streets. Fourth Precinct: Bounded on the north by the center line of Grayson Street, on the south by the center line of Broadway, on the east by the center line of Fourteenth Street, on the west by the center line of Seventeenth Street; the voting-place to be at or near the corner of Fifteenth and Walnut streets. Fifth Precinct: Bounded on the north by the center line of Grayson Street, on the south by the center line of Broadway, on the east by the center line of Seventeenth Street, on the west by the center line of Twenty-first street; the voting-place to be at or near the corner of Eighteenth and Chestnut streets. Sixth Precinct: Bounded on the north by the 215 216 ELECTIONS. center line of Broadway, on the south by the City limits, on the east by the center line of Fourteenth street, on the west by the center line of Twenty-first Street; the voting-. place to be on Elizabeth Street between Sixteenth and Seventeenth streets. 31. Twelfth Ward.— First Precinct: Bounded on the north by the Ohio river, on the south by the center line of the canal, on the east by the center line of Kighteenth Street, on the west by the Ohio river; the voting-place to be at or near the southwest corner of Tarascon and Second streets. Second Precinct: Bounded on the north by the center line of the canal, on the west by the center line of Thirtieth Street southward to Duncan Street on a direct line of Thirtieth Street, on the east by the center line of Twenty-first Street across Portland Avenue to to the center line of Eighteenth Street; the voting-place to be on Twenty-sixth Street, between Portland Avenue and Bank Street. Third Precinct: Bounded on the north by the center line of Duncan Street, on the west and south by the City limits, on the east by the center line of Twenty-first Street; the voting-place to be on Market Street, between T'wenty-second and Sayre streets. Fourth Precinct: Bounded on the north by the Ohio river, on the west by the City limits, on the south by the City limits, on the east by the center line of Thirtieth Street; the voting-place to be at or near the southwest corner of Commercial Street and Rudd Avenue. esr See GENERAL CoUNCIL— OFFICES AND OFFICERS—POLICE—REGIS- TRATION, i dia aNd ed bel thd eds OS _ ENGINEER. GC. OU NCE WIN. 1. The Engineer’s office created and assistants provided for. 2. Election and term of office. 3. Shall have the direction of pub- lic works, 4, Duties, salary, and bond. 5. Ordinances regulating the de- partment. 6. The Engineer’s department re- established and continued; officers named, 7. The Engineer to have the con- trol of the department. 8. The senior assistant engineer to be Engineer pro tem. in certain emer- gencies. 9. The duties of the Engineer enumerated. 10. The officers of the department to perform engineering and survey- ing work. ' 11. Closing or barricading of pub- lic ways during their improvement. 12. The lines of public ways to be extended and marked in advance of Improvements. 18. The responsibility of contrac- tors and builders in reference to obstructions incidental to work and improvement on public ways. 14. The laying of gas-, water-, and drain-pipes regulated. 15. Permits for the.improvement of sidewalks by owners. 16. The office of “Engineer in charge of streets and City maps” created. 17. Salary of the Engineer in charge of streets and City maps. 18. The office of “Clerk in charge of buildings and street-repairs depart- ment” created. 19. Salary of the clerk in charge of buildings and street-repairs depart- ment. 20. The office of “ Book-keeper for the City Engineer” created; salary. 21. Additional assistants and em- ployes provided; street department; sewer department; salaries. 22. The offices of “Inspectors of bowlder, Macadam, alley, gutter and alley repairs for the Eastern and Western districts of The City of Louisville” created; salary. 23. Grade-maps thereof. and duplicates 1. There shall be a principal Engineer for said City, who shall have power to appoint as many assistants and other employes as may be authorized by ordinance for the efficient management and conduct of this department. 2. He shall be elected by the General Council by viva- voce vote in joint session every two years; the election to The charter, act of March 3, 1870. et seq. See. 29 “~t 218 Ordinance, passed Feb. 27, 1877. seq. See. 1 et ENGIN £ER. be within the first month after the inauguration of the new Council; Provided, that the first term of said officer shall expire as if the election had taken place in January, 1870. | 3. He shall have the direction in the improvement and repairs of public ways, and other public works which the General Council may by ordinance or resolution direct to be made, and which may be confided to his supervision. 4. His duties shall be prescribed by ordinance. He shall receive an annual salary of not more than five thousand nor less than three thousand dollars, in the discretion of the General Council; and his assistants and employes shall receive such compensation as shall be prescribed by ordinance. He shall be required to enter into covenant to The City, with good surety, to be approved by the General Council, for the faithful and efficient performance of his duties. 9. The General Council shall pass all needful ordi- nances to give efficiency to this department, and prevent abuse of the powers conferred upon said Engineer. 6. The department of the City government heretofore designated the City Engineer’s department is hereby reestablished and continued. ‘The officers shall consist of the City Engineer, the assistant engineers, and the field- and office-force necessary to execute the regular work of the department, and such other work as may from time to time be ordered by the Mayor and the General Council. Of the assistant engineers for the City work proper there shall be one principal assistant engineer, one first assistant engineer, and two second assistant engineers; and of the field- and office-force there shall be one draughtsman, one clerk, one leveler, one chainman, two street supervisors, one superintendent of bowlder repairs, one superintendent of Macadam repairs, one superintendent of gutter repairs, one clerk in charge of building permits, and such transitmen and rodmen as the department may from time to time require. ENGINEER. 219 7. Subject to such rules, regulations, and restrictions as may from time to time be prescribed by the General Council, the City Engineer shall have supervision and direction and control of the Engineer’s department, and shall assign to the officers thereof and the employes their duties, and prescribe rules and regulations to be observed and complied with by them in the performance of their duties. 8. Whenever from sickness, absence, or other cause the City Engineer shall be unable or fail to discharge any of the duties of his office, his place shall be supplied and duties performed during the time or for the occasion by the senior assistant City Engineer, unless otherwise directed by the General Council. 9. The duties of the Engineer shall be as follows: (1) To have records kept in suitable books and in appropriate form, with proper and convenient indexes for ready reference thereto, of all matters pertaining to the depart- ment. (2) At the earliest time practicable, to have made, with the assistance of the officers and employes of the department, a complete topographical and drainage-map of The City, and to prepare and preserve in proper form as part of the records of the department, a complete register of all useful field-notes for levels. and proper running out of street-lines; and at the end of every year to indicate by platting on the topographical map all important changes in streets and City lines. (3) In like manner to prepare without delay, with such force as may be necessary, a Sewerage map, with accompanying profiles and sections. (4) To prepare in appropriate form and carefully preserve as part of the records of the department a perfect register of contract measure- ments, plans, profiles, and cross-sections, with proper notes of dimensions and calculations. (5) To make and carefully preserve, as part of the records of the depart- ment, maps, profiles, and working-drawings, with such indorsements thereon as will give the date of commence- ment and completion of the work, and all information 220 ENGINEER. which would be of use in future in repairing and recon- tructing. (6) Tomake monthly and annual reports to the Council of the business of the department and of the contracts completed, as well as all expirations of un- finished contracts and those in process of execution. (7) ‘To keep in convenient form all communications made by him to any department or office of The City; also signed duplicates of all contracts as made through him or by the Mayor and attested by him; and also books of accounts showing systematically all transactions of or relating to the Engineer’s department. (8) To make out to be submitted for the approval of the Council, all bills of apportionment of the costs of all work chargeable to property-holders upon a list furnished by the Assessor. (9) To preserve carefully in his office all instruments, maps, plats, and surveys, with all records, books, papers, and other things relating thereto. (10) To cause to be carried into effect, and to superintend all contracts of The City concerning or for the improvement of public ways. The City Engineer shall have charge of all the public works in The City and entire control and supervision of the construction of all work executed by The City, con- sistent with the terms of the contract. 10. The officers of the department shall perform all surveying and engineering and work relating thereto which may be ordered by the General Council, and perform all other acts relating to matters placed particu- larly under their charge which the best interests of The City may require. They shall not be hindered or obstructed in surveying, leveling, or causing to be erected any public works under their control. Any person violating this clause shall be fined not less than ten nor more than twenty dollars for each offense. 11. The City Engineer shall cause to be closed streets or alleys while under improvement, reserving if practicable, a passage on one side; and the whole or any part of any street or alley may be inclosed with barriers. Any person who shall remove or interfere with said barriers without ENGINEER. 221 permission of the City Engineer, or shall ride, drive, or lead a horse or other animal over such barrier or upon the place intended to be excluded shall be fined five dollars for each offense. 12. The City Engineer shall from time to time, in advance of improvement, extend the lines of all public ways and mark the street when necessary with suitable “ *% stone monuments. 13. Heshall when necessary cause to be erected suitable, barriers across any public way wherein alterations or improvements of any kind are in progress; but the con- tractor shall in all cases be held responsible for any damage arising from imperfect barriers; and when it is necessary to deposit materials of any kind on public ways adjacent to the improvement in which they are to be used great care shall be taken by the contractor that such material shall occupy a small space and be removed as soon as possible; The City to be in no case liable for damages arising from an improper use of any public way by any contractor or builder. 14. The City Engineer’s department is empowered to supervise and control the laying of gas-, water-, or drain- pipes, and removing any part of the street or sidewalk for the purpose of excavating cellars or for the erection or alteration of any building or buildings. It shall be his duty before any person or persons shall commence. such work to give a permit for the same, and to require that a covenant be entered into before the Mayor or City Engineer that the parties in question during the time in which the streets or sidewalks are being excavated or pavements removed, shall accept full liability and be held responsible for any accident that may occur to individuals or to the public; and the parties so obtaining permits will be required to erect such barricades as may be necessary for the protection of life and property, and to leave the streets and sidewalks in as good condition as when said work was cagmmenced, and to keep the same in like good condition for six months thereafter. All Ordinance, passed Feb. 27, itt ee Sec. 138 ENGINEER. Ordinance, approved Aug. 24, 1870. Ordinance, approvea Apr. 25, 1881. Ordinance, approved Aug. Plater Ordinance approved Sept. 1, 1883. connections with sewers shall be Peliaation: and approved before being covered. 15. The City Engineer is hereby authorized to issue permits to property-owners desiring at their own expense to improve the sidewalks in front of their property; Provided, the person or persons applying for said permit execute a bond to The City of Louisville to perform the work in accordance with the directions of the City Engineer; the work to be executed under his supervision and in accordance with the grades to be furnished by the said City Engineer. 16. The office of assistant City Engineer, to be known and designated as ‘‘ Engineer in charge of streets and City maps,’’ is hereby, created, and the City Engineer is hereby authorized to appoint a suitable person to said office. 17. The assistant provided for in Section 1 of this ordi- nance shall receive a salary of two thousand dollars per annum, to be paid in monthly installments on the City Engineer’s pay-roll. 18. The office of ‘‘Clerk in charge of buildings and street-repairs department’? is hereby created, and the City Engineer is authorized to fill the same by the appoint- ment of some suitable person. 19. The salary of the ‘‘Clerk in charge of buildings and street-repairs department’? shall be twelve dundred dollars per annwm, payable in monthly installments. 20. The office of Book-keeper for the City Engineer is hereby created, and the City Engineer is hereby authorized to appoint a suitable person to said office. The salary of Book-keeper for the City Engineer shall be sixteen hundred dollars per annwm, payable in monthly installments. 21. The City Engineer is hereby authorized to appoint the following assistants and employes with the compensa- tion herein fixed, to wit: Street Department: One assist- ant engineer, Eastern District, per year, fifteen hundred dollars; one assistant engineer, Western District, per ENGINEER. year, fifteen hundred dollars; one leveler, per year, eight hundred dollars; one assistant clerk, per year, eight hundred doUars. Sewer Department: One assistant engineer, Eastern Distrtct, per year, fifteen hundred dollars; one assistant engineer, Western District, per year fifteen hundred dollars; one transitman, per year, six hundred dollars; one draughtsman, per year, one thousand dollars; one assistant clerk, per year, eight hundred dollars; said sums to be paid on monthly pay- rolls made by the City Engineer. 22. There are hereby created the offices of Inspectors of bowlder, macadam, alley, gutter and alley repairs for the Eastern and Western Districts of The City of Louisville. There shall be one of said Inspectors for each district, to be appointed by the City Engineer. Said Inspectors shall each receive the sum of five dollars per day. 23. Whenever hereafter the the City Engineer shall report any grade-map, and the same shall be approved by the General Council, said map shall thereafter remain in the office of the Clerk of either Board, as a part of the records of their office, and shall not be removed there- from by any person; and it shall likewise be the duty of said Engineer to prepare a duplicate of said map, upon which shall likewise be indorsed the resolution of the approval of said grade by the General Council, which duplicate shall be carefully preserved in, and form a part of the records of the office of the City Engineer. Bes-See BurLpDINGs — CISTERNS, WELLS,AND HYDRANTS — CONTRACTS — GAS—OFFICES AND OFFICERS—PUBLIC WAyYS—RAILROADS— SEWAGE AND DRAINAGE— TELEGRAPH, TELEPHONES, AND CONDUITS—TRANSFER AND TRANSPORTATION COMPANIES — W ATER. Ordinance, approved Dec. 29, 1883. Ordinance, approved Feb. 27, 1856. Sec. 5255, Title xii, op. 1021, Revised Statutes U. S. Mar. 3, 1873. OHA CG Reel FEDERAL RELATIONS. C OANS TSN aL se 1. The control and management of ; Federal buildings in Louisville au- of the Louisville and Portland Canal | thorized. assumed by the United States pro- viso. 3. Exclusive jurisdiction ceded to 2. The purchase of ground for | the United States; reservations. 1. The Secretary of the Treasury is directed to assume, on behalf of the United States, the control and manage- ment of the Louisville and Portland Canal, in conformity with the terms of the joint resolution of the legislature _of the State of Kentucky, approved March 28, 1872,1 at such time and in such manner as in his judgment the interest of the United States and the commerce thereof may require; Provided, that after the United States shall assume control of said canal the tolls thereon on vessels propelled by steam shall be reduced to twenty- five cents per ton, and on all other vessels in proportion. 1This resolution, as it appears on the journal of the legislature, is entitled “Resolution 387, in relation to the Louisville and Portland Canal; approved March 28, 1872,” and is as follows: Whereas, All the the stock in the Louisville and Portland Canal belongs to the United States Government except five shares owned by the directors of the Louisville and Portland Canal Company, and said directors, under the authority of the legislation of Kentucky and the United States, executed a mortgage to secure bonds named in said mortgage, some of which are out and unpaid, and said Canal Company may owe other debts; and, Whereas, It is right and proper that the government of the United States should assume the control and management of said canal; therefore, Be it resolved by the General Assembly of the Commonwealth of Kentucky, that the president and directors of the Louisville and Portland Canal Company FEDERAL RELATIONS. 2. The United States Government is hereby authorized and empowered to purchase and hold ground within the corporate limits of The City of Louisville sufficient and suitable for the erection and use of public buildings for occupation as a post-office, United States Collectors’, Pension Commissioners’, and offices for the use of other United States officials and the Federal Courts in said City. 3. Exclusive jurisdiction over such ground as may be purchased and held for the aforesaid use is hereby ceded to the United States so long as they remain the owners thereof, for all purposes except the administration of the criminal laws of this commonwealth and the service of any civil process therein, and shall be exempt from State and County taxes. R@S- See BRIDGES AND FERRIES —CANALS— CORPORATE POWERS — SEWAGE AND DRAINAGE— TAXATION. are hereby authorized and directed to surrender the said canal and all the property connected therewith to the Government of the United States upon the ' following terms and conditions: Z1. That the Government of the United States shall not levy tolls upon said canal, except so much as may be necessary to keep the same in repair, pay all necessary superintendence, custody, and expense, and make all necessary improvements. 72. That The City of Louisville shall have the right to throw bridges over the canal at such points as said City may deem proper; provided always, that said bridges shall be so located as not to interfere with the use to the canal and so constructed as not to interfere with its navigation. 23. That the title and possession of the United States to said canal shall not interfere with the right of the State to serve criminal and civil processes and with the State’s general police powers over the territory covered by the said canal and appendages. 24. And further, that The City of Louisville shall at all times have the right of drainage into said canal, provided that the connections between the drains and canal shall be made upon the most approved plan to keep out mud and garbage. 25. That the use of the water-power of said canal shall be guaranteed forever to the actual owners of property contiguous to said canal, its branches and dams, subject to such restrictions and regulations as may be made by the secretary of that department of the United States Government which may have charge of the said canal. 26. That the government of the United States shall, before such surrender, discharge said mortgage and pay all debts due by the said Canal Company and purchase the stock of said directors. 15 225 An act au- thorizing the purchase of grounds for Federal build- ings in The City of Louis- ville, and ced- ing to the United States jurisdiction oversame, Ap- proved April 24, 1880. CUT GAS EU Mite ele FINANCE, COUN WI ENG aos 1. “ Bounty Bonds” of February 27, 1865; authority for their issue. 2. Authority for additional bonds. 3.. Popular vote unnecessary. 4, Ordinance. 5. “School Bonds” of June 10, 1865; authority for their isssue. 6. Ordinance. 7. “Cabel - Street Improvement Bonds” of March 26, 1866; authority for their issue. 8. Ordinance. 9. “School Bonds” of April 10, 1866; authority for their issue. 10. Ordinance. 11. “Water Bonds” of 1857; ordinance. 12. “School Bonds” of May 1, 1867; authority for their issue. 13. Ordinance. 14, “ E. & P. Subscription Bonds” of October 1, 1868; ordinance. 15. “ Water Bonds” of May 1, 1859; ordinance. 16. “Old - Liabilities Bonds” of June 1, 1869; authority for their issue. 17. “City - Hall Bonds” of April 1, 1871; ordinance. LE SeN SA my Grote Ls. 2Air dine Subscription Bonds” of September 1, 1871; ordinance. 19. “City - Institutions Bonds” of June 1, 1872; authority for their issue. 20. Ordinance. 21. “Old Liabilities May 1, Bonds” of March 1, 1874; authority for their issue. 22. Ordinance. 23. “Street-[mprovement Bonds” of August 25, 1866; September 15, 1866; October 1, 1866; December 15, 1866; authority for their issue. 24. Ordinance. 25. “Street-[mprovement Bonds” of August 1, 1867; ordinance. 26. “Sewers Bonds” of July 1, 1868; authority for their issue. 27. Additional authority. 28. Ordinance. 29. “ New-Jail Bonds” of October 1, 1868; Authority for their issue. 30. “Old - Liabilities Bonds” of April 1, 1871; ordinance. 31. “ Road-bed Bonds” of July 1, 1873; ordinance. 32.04 i & POR. TRS SBondaaon January 1, 1873; authority for: their issue, 33. “City - Hall, Reconstruction, and Road-bed Bonds” of 1873; au- thority for their issue. 34. “ Reconstruction Bonds” of July 1, 1878; authority for their issue. 35, Ordinance. 36. “Old - Liabilities May 1, 1880; issue. Bonds” of authority for their oO 37. Ordinance. 38. “Improvement Bonds” of July 1, 18838; authority for their issue. 39. Ordinance. FINANCE. 40. Ordinance. 43. Appropriation of one million 41. Acts relative to said bonds. dollars for claims prior to 1879. 42. Transfer of proceeds of Jail 44. Copies of lost L. & N. tax- and Improvement Bonds to the | receipts available. Workhouse account ; houses-of-refuge 45. Farmers’ Loan and Trust Co. tax. authorized to act as The City’s agent. 1. In order to raise a fund for the payment of additional bounties, and thus, by encouraging enlistments in the military service of the United States, to avoid a draft in The City of Louisville, the General Council of said City shall have the power to issue and dispose of the bonds of said City to the amount of one hundred thousand dollars, bearing six per centum per annwm interest, with coupons for semi-annual interest, and having such maturities, not exceeding twenty years from their date, and payable at such times and places, and in such sums as may be ex- pressed in said bonds. To provide for the payment of said bonds and interest, said General Council shall have power, from and after the tenth of March, 1865, to levy and collect an ad valorem tax upon all real and personal property within the limits of The City of Louisville, at the rate of not exceeding ten cents per annwm on each one hundred dollars’ worth of said property, which taxes shall be secured by len on the property as now provided in the City charter, and shall be collected as other taxes. And if said ad valorem tax shall be levied the General Council shall, at the same time and for the same purpose, levy a per capitation tax of not exceeding ten dollars on each white male resident of said City between the ages of twenty and sixty years; Provided, however, that no person who has served two years or more in the army of the United States since the present rebellion, or who is exempt from draft by having furnished a substitute in said service, shall be subject to said capitation tax; and said ad valorem and capitation tax shall be levied and collected on assessments to be made under the direction of said General Council. : vo wo ~ An act to providea boun- ty fund in The City of Louis- ville. Approv- ed Feb. 1, 1865. FINANOE. An act to enableThe City of Louisville to issue bonds to provide a boun- ty fund. Ap- proved Feb. 7, 1865. 2. In order to raise a fund for the payment of additional bounties, and thus by encouraging enlistments in the military service of the United States, to avoid a draft in The City of Louisville, the General Council of said City shall have power to issue and dispose of the bonds of said City to the amount in the aggregate of one hundred thousand dollars with coupons for semi-anuual interest; said bonds to be for one thousand dollars each,and payable twenty years after date, at such times and places as may be expressed in said bonds; the principal and interest of said bonds to be a charge upon and paid out of the Sink- ing Fund of said City. 1 —_— 1 Authority will be found above for the issues of such City-of-Louisville mature will be seen from the following table, furnished by the Secretary and mee Ss Date. For What Purpose Issued. Qe [se 3 g See Mebruaryi2s, 1860) 204% ckcocsanecsteseee||) sp OUD TY! a ceccas Nace eannseh ogee cuneate eee nee eed 6 7 TUNG LO, PESO. Meee sebeces caeeescecs ieeeesess Schoolstie. ee JEN Ph oc ba tdtestnausecseyeenets 6 33 March 26,1 86622; 2.040 .chsct bacteseeseeees|) SOabelsstreet improvement..-....0— ee oe 6 8 PA DUlelOWLSHG concssest anes acca eeestenarece SCHOOIS Ritaes its eeacteee ce ee ee 6 30 MV aryl SILSST 2. ceetcscoscsdsosecoteneeteee Coreedit mV ber, COM Pal Vacs ayere snc seen tere eee 6 500 Mat, 150%, cate a icnceee ee cet ee BOhogls,Gedeccusctd nla este kad ena 6 27 UP UStCO, LSO85 et cesencosaeracoctecer senses IW aris Siasscssesacctase sere sseettmere eet arenes 6 21 October MSH Seren. ec steeeeeeee Ke 8 Px Railroad cass ore eee 4 812 December 1; USGS osc ss cece ceccc fe a WV DLGT bitte ceeceet Ogrea t cletets cai een cceteea ae a on mn + May 1, 1850... 255 -c5.ccccdecnsssesaucen-acasde}y, YU bOR) WOR) DAILY tat oe cpus nee ee eee eulrkeob 224 JUNCGEL, WSCO ec ccdotsceseciexcceowte wont eee lier OL CLMITE DIL BLAS pee. cared, ocr neene ee eee 6 65 PUM Wl, PEGI ceaconsenstecs sesecs meat te SCHOOlS eo trcees a cceteost ytess set urea eee! 6 23 April Wl, shoal eee este hact catacese City Halles cae ek ae ee eee i 150 meptem berg, USiile..scses.s sees seer esse rere L., N. A. & St. L. A.-l. Railroad........... 7 485 PUNO LS TB (Lis ek cuucereshoealcstceeste was City WEnstitUtlo nieces ceca aeons eeeer fs 200 Octoverill 1862 amet ot eee W RO 0k, cata ateor tence ae akon ohana een Tenene Coees 6 6 Bebraanys2, LSG30 222. ssccc oct ducsctict as WRAP Ts cronccnace einen satel, Useene Beet aceeetttc ee teeeee 6 10 March tl” 181420 2... wtecrercusrte er teceters Oldjliabulities.. ces scream ve 394 AUP USE 2D LSOG sco tests eneeee creme tence Street improvementit.2. ,.scsccecen ecole 6 32 Septem berilO 1866s. csccssejesass sea eesoes Street Lap TOVOMeN Lessee cer ese seen nea 6 10 Ootobersl 1 Sbbwe ee een, Street improvements... sere cee eee GP PD Decempberplo, WSCC 51. .ccceces toca ces ea Street improvement.................. Stes, 6 88 ULY Wl PUSS Tires hecepeccvenccsctecerscosecovese| nl AVY LOL) COM DAL Yiy cee rence: seca ones ie ees 6 499 August 1) 1867... scseccsscs Street improvement... iy a-0-d ree. ver aes 6 89 igi velt SISOS Jecccscsccs ce ecs Whar te Cee ee ee et ee ate 6 124 MUL Valle OGSia.ceotsbeens tae NOWOLBic tees cc eee tocceuNe po5d obec tat eee ea 6 S1 October 1, 1868........... IN OW SMI. 2 Oia van testes edlseste ben tee Neat gee eee 6 133 PATIL s PLB lcsssteee esses Old liabilities............ ef 119 DUNO Ls sLS iT Live accesses Sewer improvement... 7 423 OLY A, (2.54 Lectetnasses Road-bed. cscc e.g ysce 7 150 January 1, 1873..... ... K. & P. Railroad... 7 998 ADCIM gel Bio ac-teechasens Dity Halls. 7 200 SAELY AP LSS toices costacepoets on sdcereecsersesn|. SVC CONBLERCRION cs ekoys este eee 7 600 PULVUIMLS Ar eevaecoostssccssceeete cere stke Road-bedice.. westerns SHawly seesd 7 200 May A SLSR ie ses tierscacicatescohoegiceg Five per cent, 10-40 old liabilities ....... twafl etd 500 DVT VLE ALS OO LEM ceavecs sederscevone tee usecer: Five per cent. 20-40 old liabilities ......... 5 500 SRR EE GS icepoctooractnorbochaen aadoae rrr Municipal improvements................... 06. 4 1000 SD ELVead pL nGt ie cs abd ont ase -wann.c..05,sccccsauvooess 150,000 150,000 Bank Of America, New YOLK se. o...cshcsdecesons a 485,000 485,000 Bank of America, New York. :.....c...ccasses osc 200,000 200,000 Mercantile Bank, New York.....................000 6,000 6,000 Mercantile Bank, New York............. 10,000 10,000 Bank of America, New York...........ccec0e: 394,000 394,000 PSEC TLE AUTEN (101 COie nate: osceneacevaesseocenscesseses 32,000 32,000 Sinking Fund Office 10,000 10,000 Sinking Fund Office 20,000 20,000 Sinking Fund Office 38,000 38,000 Bank of America, New YOrK.......c.cceccsessesees 499,000 499,000 PERCU De IG COCO: Fy yesh suse tet asaa cdeesecee access 89,000 89,000 Sinking Wier P CG: fae oe es es tete odes 124,000 124,000 PIE LOe OU MO TCO, oo oan culc hoses gus ced conenone ss ake ; 81,000 81,000 Sinking Fund Office............:..:... 5 Re Mats eitbexvaie 133,000 133,000 Pa RIM OREN O10 OG coos e) aacndt en Orestes soa eee 119,000 119,000 Banke of America. New York ..20 ius. Je. sccceces 423,000 423,000 Bak OteAmorica New Y OPK. 2.2.3.2 ess. .aceeces 150,000 150,000 Ban bsOL A Merce, NEW OTK -c. eicasareucnrcuei-02 998,000 998,000 Banuksoreamerica, New) OPK. .cdscscsccedtocessses 200,000 200,000 BankroteAmentca NOW YOLi.-s.cgircssecusezeososs 600,000 600,000 Barc pfeamericn. NOW: VOLK. Acs.c.cccchecnsancetes 200,000 200,000 Bank or Amorich. N6w: YOrie.c..cc.t-cs ecccsdunusee 500,000 500,000 Bank of America, New: York..........-:..000:.ssees 500,000 500,000 The United States National Bank, New York DOO QOUiAN Weer ac eatewenees The United States National Bank, New York) 1,000,000 |.................. $7,805,000 .. $7,805,000 000 The order in which these bonds | Payable by Special Taxation. eee ete re ceeere tenn e teens ceweoe eee ee sewers eseene eee e er weeernreees see. Aeneas eewcee ee eee Cee eereeee ete eeesceece ree snes Cee eee eneens Peer er eeeaweres Ae eee ewe eee eeeee eee meee ee anenee Pewee teens means Perce eee eee weees ey er es Aone ease eee tee eee ee eee eee eer eee Fee ee eee eee nneeee ere er ees See eww meen eeeee One e wwe ewe eenene eee eee eee eee eee eee eee eee ere eee e eee eee eee FOP eee eee eeeeeenee Bae meee enews ORO eR eee eee eweene Peet meee ee een eee Peewee sens weeeee $500,000 1,000,000 $1,500,000 229 An act to amend the two acts concern- ing bounty fun ds to be raised by The City of Louis- ville. Approv- ed Mar. 4, 1865. 230 Ordinance, approved Feb. 11, 1865. An act to amend the charter of The City of Louis- ville for school purposes. Ap- proved Feb. 28, 1860. Sec. 10. Ordinance, approved Feb. 11, 1865. FINANCE. 4. For the purposes set forth in the aforesaid act, and as permitted thereby, the Mayor is hereby authorized and directed to issue coupon bonds of The City of Louisville to the amount in the aggregate of one hundred thousand dollars, with coupons for the semi-annual payment of interest thereon at the rate of six per centwm per annum, said bonds to be each for one thousand dollars, and payable twenty years after date; the bonds and interest- coupons aforesaid to be a charge upon and paid out of the Sinking Fund of said City of Louisville, and to be payable in Louisville, Kentucky, at the office of the Treasurer of said City. 9. Should the provisions hereinbefore made for raising means for the establishment and maintenance of said Male High School, Female High School, and said Public Schools of Louisville, and for the erection of said houses as hereinbefore provided for be insufficient, it shall be the duty of the General Council to pledge the credit of the said City for any sum or sums of money, not exceed- ing two hundred thousand dollars, to carry into effeot the educational system herein provided for. | 6. Whereas, by the tenth Section of ‘‘An act to amend the charter of The City of Louisville for school purposes,”’ approved February 28, 1860, it is made the duty of the General Council of The City of Louisville to pledge the credit of said City to an amount not to exceed two hundred thousand dollars to carry out the system of public schools of Louisville; therefore, to provide means to perfect and complete the system of public schools in The City of Louisville the Mayor is hereby authorized and directed to issue the bonds of said City for one hundred and twenty thousand dollars in sums of one thousand dollars each, having twenty years to run from the date of their issue, and bearing interest at the rate of six per centum per annum, payable semi-annually; the interest and principal payable at the Treasurer’s office in The City of Louisville; said bonds, when issued, to be placed at the disposal of the president and Board of FINANCE. Trustees of the Male High School, Female High School, and the Public Schools of Louisville; the proceeds of said bonds when sold or disposed of to be used as provided in this ordinance. To provide means to pay the interest as it may fall due and the principal of said bonds at maturity an ad valorem tax of not exceeding five cents on each one hundred dollars’ worth of all the real estate and slaves assessed for taxation in The City of Louisville for the year 1865 is hereby levied, and annually. there- after until the interest and principal of the bonds herein authorized are all paid or provided for; said tax to be levied and collected as other City taxes are levied and collected. The president and Board of Trustees of the Male High School, and Female High School, and Public Schools of Louisville are hereby authorized to sell and dispose of the bonds specified in the first Section of this ordinance for cash, or may exchange for material and labor in such manner and upon such terms as may best accomplish the object and purposes of their issue, and which is further provided in this ordinance. First, re- imburse the Sinking Fund of The City of Louisville in the sum of sixteen thousand dollars, with interest from the —— day of ——, 1863, for the purchase of the Curd property on First Street. Second, reimburse the educa- tional fund of the School Board for $6,331.21, $6,921.08, $4,866.13; total, $18,118.42; which amount was paid for real estate, repairs to school-houses after government use, and for the completion of the new Female High School building (Curd property). This ordinance shall not take effect until it has been published and approved by a majority of the qualified voters of The City of Louisville voting thereon, as provided by the charter of said City. 7. The General Council shall have power to pass ordi- nances to procure the improvement, from time to time, of the whole or any portion in length or width of any unpaved street or alley now established, or which may be hereafter established within the limits of The City, by grading, or by grading, curbing, and paving with bowlders _ 231 An act to amend the charter of The City of Louis- ville. Ap- proved June 2,1865. Sec. ». 232 Ordinance, approved Mar. 19, 1866. FINANCE. or with stone, with or without macadamizing and gravel, together or alone, or otherwise improving the same; all of which shall be done at the cost of the: owners of the property fronting such street or alley; which cost shall be apportioned according to the number of feet each may own in front of said improvement, and be at once collect- able from said property-owners; and a lien is hereby created on said property for the cost of said imyfrove- ment. But when the General Council shall think fit, either before the contract for the improvements shall be made or after the work shall have been completed, the payment of the cost of any or all such improvements may from time to time be provided for or advanced by The _ City for the property-owners; the repayment of which advances, with interest thereon to The City shall be secured by a lien on the property, and may be made due to and be collected by The City in such annual install- ments as shall be fixed by the General Council, and to be considered and held against said property as taxes, and inserted for collection in the: tax-bills against said property, and the payment thereof be demandable, enforced, and collected as other City taxes. To provide funds with which to make such advances the General Council shall have power and authority to pledge the credit of The City, and from time to time to issue and dispose of appropriate bonds of The City having such dates and maturities, and bearing interest payable annu- ally or semi-annually, with interest-coupons attached, as the General Council may provide. Yet when the lien shall not have been otherwise enforced, the owners of said prop- erty or any portion thereof may, at any time before or after maturity of said bonds, disencumber and relieve said property of the lien aforesaid by paying to The City the amount paid or assumed to be paid by The City, together with the legal interest as may have accrued thereon on account of the improvement for which The City may have ald or assumed payment as aforesaid. 8. Under the authority given by the charter of The City, as amended by an act approved June 2, 1865, FINANCE. Section 5, the Mayor of The City is hereby authorized to issue and deliver to J. H. Dennis, who has graded Cabel Street from the north side of Franklin Street to the south side of Fulton Street, under ordinances here- tofore passed, coupon bonds of The City of Louisville, bearing a semi-annual interest of three per cent., being six per centum per annum, for the sum of thirty-four thousand seven hundred and forty-seven dollars and ninety-four cents, that being the sum = apportioned against the owners of property fronting on said street. The bonds thus issued shall be payable in not more than twenty years, and shall not be of less denomination than five hundred dollars, and upon the delivery thereof, The City of Louisville shall be subrogated to the len of said Dennis on the property apportioned as aforesaid, and to all his rights against the owners thereof. 9. For the purpose of raising money for the mainten- ance of the Male High School,the Female High School, and the Public Schools of Louisville, the General Council of said City shall in the year 1860, and annually there- after, cause to be levied and collected a tax of not less than twenty cents on each one hundred dollars’ worth of the property assessed for taxation within the City limits, as provided for in Article v1, Sections 1 and 2 of this charter; upon the completion of the assessment of property for taxation, the amount levied as above shall annually be passed to the credit of the school fund upon the books of The City of Louisville; and the said amount shall be paid over to the Board of Trustees in equal and regular monthly installments, the first payment to be made during the month of April; in the year 1860, the other payments to be made monthly thereafter by warrants to be drawn by the Auditor of the said City of Louisville upon the Treasurer of said City in favor of the secretary of the said Board of Trustees; and for the same purposes and no other shall be appropriated the sum or sums which may be received from year to year as the portion of the said City of the school fund of this common- 233 An act to amend the charter of The City of Louis- ville, for school purposes. Ap- proved Feb. 28, 1860. Sec. 8, et seq. 234 Ordinance, approved Jan. 30, 1866. FINANCE. wealth; and all fines and forfeitures collected in the City Court of Louisville for the use of said Male High School, Female High School, and the Public Schools of Louis- ville, as hereinbefore provided; and so much as may arise from real, personal, or mixed property in the City of Louisville, which from alienage, defect of heirs, or failure of kindred capable in law to take the same, shall escheat to the commonwealth of Kentucky, and which is hereby declared vested in the said Board of Trustees for the use and benefit of the Male High School, Female High School and the Public Schools of Louisville; and -the said City by the Mayor thereof, or such officer as the General Council may appoint for that purpose, shall enter upon and take possession of any and all such property, or in its corporate name sue for and recover the same, or any chose-in-action, right, or credit of such decedent, and reduce the estate into possession as aforesaid, without office found; and the said Council shall furnish to said Board of Trustees an adequate amount of money, credit, or property to enable the said Board of Trustees to build or procure such school-house or school- houses in each ward as hereinbefore provided for; and this amount of credit, money, or property shall be in addition to the amount hereinbefore provided for, for the use and benefit of the Male High School, the Female High School, and the Public Schools. Should the pro- visions hereinbefore made for raising means for the establishment and maintenance of said Male High School, Female High School, and said Public Schools of Louis- ville, and for the erection of said houses as hereinbefore provided for, be insufficient, it shall be the duty of the General Council to pledge the credit of the said City for any sum or sums of money, not exceeding two hundred thousand dollars, to carry into effect the educational system herein provided for. 10. In pursuance of the powers conferred by an act of the General Assembly of the Commonwealth of Kentucky, approved February 28, 1860, entitled ‘‘ An act to amend FINANCH. the charter of The City of Louisville for school pur- poses,’’ and for the purpose of building or purchasing school-houses and the necessary ground for public schools in The City of Louisville, the Mayor is hereby authorized and directed to execute coupon bonds of The City of Louisville to the amount in the aggregate of eighty thousand dollars, with coupons for the semi-annual pay- ment of interest thereon at the rate of six per centwm per annum, said bonds to be each for one thousand dollars, and payable twenty years after date thereof, in Louisville, Kentucky, at the office of the Treasurer of said City. To provide for the payment of said bonds and interest, the General Council shall, from year to year, if necessary, and until a sufficient sum shall be realized to pay said bonds and interest, pass ordinances levying a special annual tax, not exceeding two cents on each one hundred dollars in value of the taxable property in The City, in. addition to the taxes otherwise authorized by law to be levied; which said special taxes shall be, and are hereby pledged to the payment of the aforesaid bonds and interest thereon. This ordinance shall not take effect till it shall be submitted to and approved of by a vote of the qualified voters of The City of Louisville at the general municipal election in April, 1866. 11. The Mayor of said City is hereby directed to subscribe for, in the name of The City of Louisville, five thousand five hundred shares of one hundred dollars each of capital stock in the Louisville Water Company. To pay for the same the Mayor is directed to issue and sell, under the direction of the General Council of The City of Louisville, as many bonds of The City of Louis- ville, as may be necessary for that purpose, for one thousand dollars each, all bearing date of May 1, 1857, payable thirty years after date, and bearing interest from date at the rate of six per centuwm per annum, payable semi-annually, and with the necessary coupons attached for each half-yearly payment. The principal and inter- est to be made payable at such place or places within the Ordinance, approved June 30, 1856. FINANCE. United States as may be agreed upon with the pur- chasers.! ‘To secure the payment of the principal and interest of said bonds the Mayor, for and on behalf of The City of Louisville, is hereby directed to execute a deed of mortgage to the Commissioners of the Sinking Fund of The City of Louisville of the five thousand five hundred shares of stock in the Louisville Water Company hereinbefore authorized to be subscribed, together with all the dividends which may be declared upon said stock, and said Commissioners shall hold said stock in trust to pay the principal and interest of said bonds, and they shall have power to receive and collect all the dividends on said stock and apply the same towards the payment of the interest on said bonds; and any surplus there may be after the payment of the interest on said bonds shall be invested by said Commissioners of the Sinking Fund, under the direction of the General Council of The City of Louisville, in profitable stocks, so as to raise a fund for the payment of the principal of said bonds at maturity. The better to secure the principal and interest of said bonds as they respectively mature, a tax of ten cents on each one hundred dollars’ worth of real and personal estate and slaves in The City of Louisville is hereby levied, to be collected annually until the inter- est and principal of said bonds shall be paid or certainly provided for. If the taxable property of The City of Louisville shall so increase as to make it manifest that a levy of less tax than ten cents on the hundred dollars’ worth of real and personal estate and slaves, when added to the dividends received from the stock, will certainly provide for the payment of the principal and interest of said bonds, then the Council shall have power from time to time so to modify the tax herein levied as to raise the sum that may be required for the purposes aforesaid and no more. ‘The subscription herein authorized to be made is to be upon the express condition only that said Water 1For the act authorizing this issue of bonds, see Chapter xlviii, post. FINANCE. Company will execute a covenant with The City of Louis- ville, binding said Company not to accept, after the subscription herein authorized to be made, of any further subscription to its capital stock except by agreement on the part of the persons taking stock, that The City may at any time purchase said stock by paying the holder the money advanced by him and ten per centwm per annwin interest thereon from the time of payment; the dividends which may be received by said stockholders to be esti- mated as part of such per cent. The stock hereby authorized to be subscribed shall be voted by the Mayor for and on behalf of The City, and said Mayor shall cast the vote of The City’s stock for such persons for directors in said Company as may from time to time be designated by the General Council of The City of Louisville in joint session. ‘This ordinance shall not take effect until after it shall have been submitted to the qualified voters of The City of Louisville, and approved by a majority of those voting thereon as prescribed in the City charter; and all ordinances in conflict herewith are hereby repealed. - 12. The General Council of The City of Louisville shall have authority to pass an ordinance directing the issue of two hundred thousand dollars in the bonds of said City, said bonds to bear interest at the rate of six per cent. per annum, the interest to be paid semi-annually and the principal to be paid at such time and place as the said General Council may by ordinance determine, for the payment of which principal and interest said General Council shall have power to levy and collect a tax upon all property in said City taxable for State purposes; and it shall be the duty of said General Council to order an election to take the sense of the qualified voters of said City upon said ordinance; and should a majority of the votes cast favor such ordinance, then the said General Council may cause bonds in the aforesaid amount of two hundred thousand dollars to be issued, which bonds shall be placed in possession of the Board of School Trustees of said City, and the proceeds of the sales An act for the benefit of the public schools of Lou- isville. Ap- proved Feb. 7, 18hieeeo eo. L FINANCE. Ordinance, approved Mar. 3, 1867. Ordinance, approved Apr. 18, 1868. thereof shall be applied to the erection and preparation of buildings for the use of the Public schools of said City. 13. As permitted by an act of the General Assembly of the Commonwealth of Kentucky, approved February 7, 1867, entitled ‘‘ An act for the benefit of the public schools of Louisville,’’? the Mayor of said City is hereby authorized and directed to execute coupon bonds of The City of Louisville to the amount in the aggregate of one hundred thousand dollars, with coupons for the semi- annual payment of interest at the rate of six per cent. per annum, said bonds to be payable thirty years after date thereof at the office of the City Treasurer in Louis- ville, Kentucky, where the coupons also shall be payable. The bonds shall be issued in denominations of not less than five hundred nor more than one thousand dollars each, and shall be transferred to the president of the Board of School Trustees of The City of Louisville; the proceeds of the sales thereof shall be appropriated by said Board to the erection and preparatian of school buildings for the use of the public schools of Louisville, and to no other purpose; said bonds shall have the corporate seal of The City thereto affixed; shall be signed by the Mayor and attested by the Auditor, and the coupons shall be signed by the Auditor. To provide for the payment of the principal and interest of said bonds the General Council shall annually, by ordinance, levy and collect a sum sufficient to pay such semi-annual interest, and the prin- cipal when it shall fall due; such levy and collection to be made upon and collected as against all property in The City aforesaid taxable for State purposes; and further, to pay said principal and interest, the property, faith, and credit of The City shall be, and are hereby pledged. This ordinance shall not take-effect until it shall have been published and approved by amajority of the qualified voters of .The City who may vote on the proposition, as provided for by the City charter. 14. The Mayor is hereby authorized and directed tu FINANCE. —_—— 239 subscribe, in the name and for and in behalf of The City of Louisville, for ten thousand shares of one hundred dollars each of the capital stock of the Elizabethtown and Paducah Railroad Company; and in payment therefor to execute and deliver, on demand, to said Company the bonds of The City of Louisville to the amount of one million dollars, of the denomination of one thousand dollars each, negotiable and payable to bearer twenty years after the date of their issue, and bearing interest at the rate of seven per centwm per annum, with semi- annual interest-coupons attached; the principal and interest to be payable in the city of New York; and for the payment of said bonds and interest the ten thousand shares of the capital stock hereby authorized to be sub- scribed for, and all the dividends accruing thereon, and the faith and property of The City, are hereby pledged. The bonds aforesaid to be under the seal of The City and signed by the Mayor, and countersigned by the Auditor; and the coupons to be signed by the Auditor alone. To pay the interest on said bonds as the same shall fall due, and the costs of collecting such tax, an ad valorem tax of fifteen cents on each one hundred dolars’ worth of the property in The City designated in Section 9 of the act approved February 24, 1868, entitled ‘‘An act to amend the charter of the Elizabethtown and Paducah Railroad Company,’ shall be levied annually, and be collected as provided in Section 15 of the act aforesaid, and be faith- fully appropriated to the payment of said interest. But should said tax of fifteen cents yield in any year more than a sufficiency to pay the interest aforesaid and costs of collecting such tax, the General Council shall have power to reduce said tax accordingly. Should there, in any year, be any dividend on the ten thousand shares of stock paid for by said bonds, the same shall be applied towards the payment of the interest on said bonds; whereupon the General Council shall have power to reduce accordingly the tax of fifteen cents levied as aforesaid; and should said dividends in any year be sufficient to pay the interest in said year, then to suspend 240 FINANCE. for such year the collection of said tax. And should there be any surplus of said dividends after paying said interest, the same shall be applied to the purchase of the bonds aforesaid, if they can be purchased at par or less than par, and if they can not be so purchased such surplus shall be invested in some safe and profitable manner, and in such way that the money may be readily realized when needed to buy or pay off the bonds afore- said. Upon the surrender, as provided in Section 21 of the act hereinbefore mentioned, of receipts given for taxes paid to defray the interest aforesaid on the bonds aforesaid prior to the time of declaring the first cash dividend by the aforesaid Railroad Company to the amount of one hundred dollars or more, there shall be issued to the holders thereof certificates setting forth the number of shares of stock to which the holder is entitled, and there shall be given a separate receipt for any fractional part of a share, which receipt shall be negotiable by indorsement, and may be added to other like receipts or tax-receipts to make up a full share; and all certificates of stock shall be converted into stock on demand at the office of said Company. That there shall be issued on presentation of tax-receipts paid in, pro- viding the interest on the bonds issued by The City of Louisville, in payment for the subscription of stock in the Elizabethtown and Paducah Railroad, certificates of stock for same in even sums of one hundred dollars. To enable The City to pay off, discharge, or renew the bonds aforesaid, said City shall have all the rights, privileges, and powers as embraced in and contemplated by Section 19 of the act hereinbefore referred to. It shall be the duty of the Mayor to deliver to the Company said bonds and receive therefor the stock in said road.. This stock shall be issued to The City of Louisville, Kentucky, but none of said bonds shall be delivered until there are filed with the Mayor the affidavits of the president and three of the directors of said Company, stating that there is other bona fide subscription of stock in said road of not less than fifteen thousand shares (one million five hun- FINANCE, dred thousand dollars), nor shall said bonds be delivered until said Company agrees to make and publish in at least two of the daily papers published in The City of Louisville, Kentucky, a semi-annual statement showing fully and correctly the condition of said Company. This ordinance shall take effect only upon its being voted in favor of by a majority of the qualified voters of The City of Louisville voting thereon at a special election, which shall be held at the usual voting precincts in said City on the second day of May, 1868, for the purpose of taking the sense of the qualified voters aforesaid in the premises. 15. The Mayor of said City is hereby directed to sub- scribe for, in the name of The City of Louisville, two thousand two hundred shares of one hundred dollars each of the capital stock in the Louisville Water Com- pany. To pay for the same the Mayor is directed to issue and sell under the direction of the General Council of The City of Louisville as many bonds of the City of Louisville as may be necessary for the purpose, for one thousand dollars each, all bearing date the first day of May, 1859, payable thirty years after date, and bearing interest from date at the rate of six per centum per annum, payable semi-annually, and with the necessary coupons attached for each half-yearly payment; the prin- cipal and interest to be made payable at the Bank of America in the City of New York. To secure the payment of the principal and interest of said bonds, the Mayor, for and on behalf of The City of Louisville, is hereby directed to execute a deed of mortgage to the Commissioners of the Sinking Fund of The City of Louis- ville of the two thousand two hundred shares of stock in the Louisville Water Company hereinbefore authorized to be subscribed, together with all the dividends which may be declared wpon said stock; and said Commis- sioners shall hold said stock in trust to pay the principal and interest of said bonds, and they shall have the power to receive and,collect all the dividends on said stock 16 241 Ordinance, approved Jan. 14, 1859. FINANCE. and apply the same towards the payment of the interest on said bonds; and any surplus there may be left after the payment of the Interest on said bonds shall be invested by said Commissioners of the Sinking Fund, under the direction of the General Council of The City of Louisville, so as to raise a fund for the payment of the principal of said bonds at maturity. The better to secure the principal and interest of said bonds as they respec- tively mature, a tax of ten cents on each one hundred dollars’ worth of real and personal estate in The City of Louisville is hereby levied, to be collected annually until the interest and principal of said bonds shall be paid or certainly provided for. If the sum of ten cents upon each one hundred dollars’ worth of taxable property as_ above authorized to be levied, shall be more than sufficient to pay the interest on the bonds herein directed to be issued, then the surplus shall be applied to supply the amount necessary, if any deficit exist, to pay the interest accruing upon the bonds heretofore issued by The City of Louisville to the Louisville Water Company, under and by virtue of an ordinance of the General Council of The City of Louisville, approved June 30, 1856, entitled ‘‘An ordinance to promote the erection of water-works in The City of Louisville; and if, after the foregoing pro- visions of this Section have been fulfilled, a surplus should still exist, it shall be paid into the Sinking Fund to the credit of said Louisville Water Company, and shall be held by said City as a fund pledged and dedicated to the discharge of the principal and interest of the bonds herein authorized to be issued by The City, and the pay- ment of the principal and interest of the bonds issued under the ordinance approved June 30, 1856, above referred to. If the taxable property of The City of Louisville shall so increase as to make it manifest that a levy of a less tax than ten cents on each hundred dollars’, worth of estate and personal property, when added to the dividends received from the stock, and the amount of taxes received from the levy authorized by the ordinance of June 30, 1856, will certainly provide for the payment FINANCE. of the principal and interest of said bonds, then the Council shall have power from time to time to so modify the tax herein levied as to raise the sum that may be required for the purpose aforesaid, and no more. If an installment of interest on the bonds issued as provided herein shall fall due before money sufficient to pay the same shall have been collected, the Mayor of said City shall have power in the name of the City, to borrow a sufficient sum to pay the same and execute the bond of The City therefor; or the General Council may order the same to be paid out of the Sinking Fund. This ordinance shall not take effect until it shall have been submitted to the qualified voters of The City of Louisville, and approved by a majority of those voting thereon, as pre- seribed in the City charter. 16. To pay off and discharge the old Habilities of The City of Louisville, now existing and not otherwise pro- vided for, and for the purpose of paying the cost of rais- ing Fulton Street and draining the old bed of Beargrass Creek in said City and for the purpose of constructing sewerage in the Western District of said City, the General Council of said City may issue bonds of said City to the amount of five hundred thousand dollars; three hundred thousand dollars to be appHed to the discharge of said old abilities and one hundred thousand dollars to be ap- plied to constructing sewers in said Western District and one hundred thousand dollars to be applied to raising said Fulton Street and draining the old bed of Beargrass Creek in said City. Said bonds shall be made payable within thirty years from date and bear such rate of interest as may be determined by the General Council. The title of said bonds shall be ‘‘Old ability and improvement bonds.”’ 17. By virtue of Section 64 of the new charter of said City, approved March 3, 1870, the Mayor of said City is hereby authorized and directed to have prepared, and to issue and dispose of two hundred and fifty bonds of said City, of the denomination of one thousand dollars each, 243 An act for the benefit of The City of Louisville. Approved Mar. 15, 1869. Ordinance, approved Mar. 18, 1871. 244 approved Mar. 18, Ordinance, 1871. FINANCE. to be entitled and known as ‘‘ City Hall Bonds,”’ they to bear interest at the rate of seven per cent. per annum, and to have coupons attached for the semi-annual payment thereof, which bonds and coupons shall be attested by the City Auditor; they: to become due and payable twenty years after their date, and the interest and principal to be paid at the office of the Commissioners of the Sinking Fund of said City. Said bonds or their proceeds shall be used solely to pay for work and material used in the erection of the City Hall. The tax to be levied in pur- suance of Section 64 aforesaid to pay the interest and principal of said bonds shall be paid into the Sinking Fund of said City by the Tax Receiver on every third day after its collection by him, and the Sinking Fund is charged with the interest and principal of said bonds, which shall be countersigned by the Treasurer of said Sinking Fund. 18. The Mayor of said City of Louisville is hereby authorized and empowered for and in the name of said City. to subscribe and pay for, as hereinafter provided, ten thousand shares of fifty dollars each of the capital stock of the said New Albany and St. Louis Air-line Railway Company; such subscription, however, is to be made by said City of Louisville subject to these express conditions: (1) That the said Railway Company shall procure on actual and bona fide capital of one million dollars, either in subscription to her capital stock or in donations, right of way and cross-ties donated excepted, by or from parties other than the said City of Louisville; (2) That the name of said Railroad Company shall be so changed as to read and be the ‘* Louisville, New Albany and St. Louis Air-line Railway Company;’’ (8) That the eastern terminus of said road shall be located in The City of Louisville, Kentucky, south of the Ohio river; (4) That this said sum of five hundred thousand dollars shall be expended in building and completing said road ready for the rolling-stock the first fifty miles of said road, beginning at New Albany, Indiana, and extending west FINANCE. toward St. Louis, Missouri—proof being furnished to the Mayor before the bonds are issued to the Company of a due expenditure of the money aforesaid for the purpose aforesaid, and said poof shall be the sworn affidavits of the president and secretary of the Company, or the said president and chief engineer thereof; and (5) That the said City of Louisville, Kentucky, shall be entitled to fsuch] a number of directors in said Company as will bear the same proportion to the whole number of said directors as the stock of said City—to-wit: five hundred thousand dolars—bears to the whole stock of the Company; the said directors due to said City to be annually elected, in the month previous to the election of directors by the stockholders, by the General Council of said City, voting in joint session viva voce; and upon the happening of these conditions, but not before, the subscription hereby authorized shall be valid and binding, and the same shall be paid for as herein provided. Upon the happening of said conditions, but not before, the subscription hereby authorized to be made shall be paid for in the bonds of the said City of Louisville, of not less than one hundred dollars each, upon the call of said Railway Company; said bonds being payable in twenty years after their respective dates, and bearing interest at the rate of seven per centum per annum, payable semi- annually, and both principal and interest payable in the city of New York. Upon the happening of said condi- tions as aforesaid, but not before, the Mayor of the said City of Louisville shall issue said bonds, with coupons signed by the Auditor for the interest, payable as afore- said upon the call of said Railway Company, and deliver the same to said Rrailway Company and receive stock therefor; and the said Mayor is hereby authorized and empowered, for and in the name of the said City of Louis- ville, to sign his name as such Mayor to the bonds so issued by him, and affix thereto the corporate seal of said City, which shall be attested by the City Auditor. For the payment of the interest accruing on said bonds from year to year an annual tax of five and a half cents on 245 246 FINANCE. each hundred dollars’ worth of property in said City subject to taxation for State purposes is hereby levied for each of the years intervening between the date and the maturity of said bonds, upon assessments to be made by the proper officer in each of the said years, and in accord- ance with the law then in force. And for all taxes paid under this ordinance tax-receipts shall be issued to the tax-payers; and when said receipts shall have accumulated to the amount of one hundred dollars and upon the sur- render of said receipts to the said Company stock therefor to the amount of one hundred dollars shall be issued to the holder of said receipts making the said surrender, and for any fractional part of said one hundred dolars a receipt to the said fractional part shall be issued to the holder as aforesaid; and said receipts shall be negotiable and pass by indorsement; and the said stock to be on demand issued upon said surrender at the office of said Company. The stock of said City of Louisville in the said New Albany and St. Louis Air-line Railway Com- pany so subscribed and paid for as aforesaid, and all interest and dividends accruing on said stock, shall consti- tute and be kept as an inviolable fund for the liquidation, final payment, and redemption of the principal of said bonds at'the times of their respective maturity as afore- said, and the faith and property of The City also are hereby pledged. The said taxes levied under the fourth Section of this ordinance shall be collected by the same officer, at the expense of said Railway Company, and in the same manner, and with the like damages for non- payment as other City taxes; but the General Council may in any year reduce the sum hereby levied if it shall appear by the assessments to be more than may be neces- sary to pay the interest on said bonds for such year. This ordinance shall not take effect unless it shall, at a special election to be holden in said City of Louisville on the sixteenth day of October, 1869, after publication as required by the City charter and its amendments, be approved by a majority of the votes cast for and against it by the qualified voters of said City. FINANCE. 19. For the purpose of building an Almshouse, Work- house, and Pesthouse the General Council may by ordi- nance cause to be issued the bonds of said Citv, not to exceed the sum ot two hundred thousand dollars in amount. Said bonds shall be made payable not exceeding thirty years from date, and at such place as shall be designated in the ordinance or resolution authorizing their issue; not to bear interest more than the rate of seven per cent. per annwm, payable semi-annually, for the payment of which interest coupons may be attached to said bonds. The said bonds shall be signed by the Mayor of said City under the corporate seal, and coun- tersigned by the Auditor of said City. The Auditor shall also sign each of the coupons thereto attached. 20. As permitted by the fourth Sectionof an act of the General Assembly of the Commonwealth of Kentucky, entitled ‘“‘An act to amend the charter of The City of Louisville,’’ passed in the month of February, 1872, and for the purposes named in Ssaid ection of said act, to wit, for building an Almshouse, Workhouse, and Pest- house, the Mayor of said City is hereby authorized and directed to issue and dispose of two hundred bonds of The City of Louisville, of the denomination of one thou- sand dollars each, which shall be entitled and known as ‘City Institution Bonds.’’ Said bonds shall be due and payable thirty years after the date of their issue at the Bank of America, in the city of New York. They shall: bear interest at the rate of seven per centum per annuin, and shall have coupons attached for the semi-annual payment of said interest at said bank. Said bonds shall be signed by the Mayor and sealed with the corporate seal. They shall be countersigned by the City Auditor, who shall also sign each of said coupons; and they shall also be countersigned and registered by the Secretary and Treasurer of the Sinking Fund. The aforesaid bonds or the proceeds of the same shall be applied in the fol- lowing manner and proportions, to wit, one hundred of said bonds to the building of an Almshouse on the 247 An act to amend the charter of The Ciey of Louis- ville; passed in Feb., 1872. Sec. 4. Ordinance, approved Apr. 22, 1872. 248 FINANCE. An act for the benefit of The City of Louisville. Approved Feb. 6, 1874. Ordinance, approved Feb. 14, 1874. erounds purchased by The City for that purpose, seventy of said bonds to the building of a Workhouse, and thirty of said bonds to the building of a Pesthouse. To meet the interest and discharge and pay said bonds at maturity an annual tax shall be levied and collected, not exceeding three cents on each one hundred dollars’ worth of prop- erty in said City subject to taxation for State purposes. Said tax shall be collected by the Tax Receiver and paid into the Sinking Fund of The City of Louisville on every third day after its collection by him, until a sufficient sum shall be realized to pay off and discharge the bonds and interest aforesaid when said tax shall cease. 21. For the purpose of paying off and discharging the old liabilities of The City of Louisville now existing and not otherwise provided for the General Council of said City may, by ordinance, cause to be issued the bonds of said City not to exceed the sum of four hundred thousand dollars in amount. Said bonds shall be made payable not exceed- ing twenty years from date of their issue and at such place as shall be designated in the ordinance authorizing their issue, to be of the denominations of one thousand dollars each, and to bear interest not to exceed seven per centum per annum, payable semi-annually, and for the payment of which interest coupons may be attached to said bonds. The said bonds shall be signed by the Mayor of said City, under the corporate seal, and coun- tersigned by the Auditor of said City. The Auditor shall also sign each of the said coupons thereto attached. Both principal and interest of the bonds herein author- ized to be issued shall be a charge on the Sinking Fund of said City. For the purpose mentioned in the first Section hereof the General Council of said City is hereby authorized to use one hundred of the six hundred City bonds issued under authority granted in Section 8 of an act entitled ‘‘An act to amend the charter of The City of Louisville,’ approved February 20, 1883. 22. As permitted by an act of the General Assembly of the Commonwealth of Kentucky, entitled ‘‘An act for the FINANCE, benefit of The City of Louisville,’ approved the sixth day of February, 1874, and for the purpose named in said act, the Mayor is hereby authorized and directed to have prepared and to dispose of the bonds of The City of Louisville to the amount of four hundred thousand dollars. Said bonds shall be signed by the Mayor under the corporate seal of said City, and be of the denomina- tion of one thousand dollars each, to become due twenty years after their date, to bear interest at the rate of seven per centum per annum, payable semi-annually, for the payment of which interest coupons shall be attached signed by the Auditor. The said bonds shall be counter- signed by the Secretary and Treasurer of the Sinking Fund, and both principal and interest of said bonds to be made payable in the city of New York. The bonds aforesaid shall be called ‘‘ Old liability bonds,’’ and the proceeds of the same shall be applied as far as may be necessary in paying the indebtedness of The City of Louisville. Said bonds both principal and interest shall be a charge on the Sinking Fund of The City of Louis- ville, as provided by Section 1 of ‘‘An act for the benefit of The City of Louisville,’ approved the sixth day of February, 1874. 23. For the purpose of dicharging such debts as said City may now owe to be liable for, and for the purpose of discharging such debts as said. City shall hereafter contract or become liable for in the making of improve- ments and repairs of streets, alleys, sidewalks, sewers, and other public works, and- in the purchase of private property for public use, the said General Council shall have power to cause to be issued and disposed of from time to time as they shall deem expedient, the bonds of The City with or without coupons attached for the annual or semi-annual payment of interest on the same, and having such maturities, not exceeding thirty years, and payable out of such fund or funds created or to be created, as said Council may ordain; not to exceed, how- ever, in amount three hundred thousand dollars in any one 249 An act to amend the charter of The City of Louis- ville. Approv- ede @ bash 7, 1866. See. 5d. 250 Ordinance, approved Aug. 3 1866. FINANCE. year; and the said Council shall levy and cause to be col- lected annually, such taxes as shall be adequate to the pay- ment of the interest and principal of such bonds as they shall become due; and such taxes shall be collected as other taxes are collected and shall be assessed and levied upon the taxable property within The City, or upon such part of such property as said Council may deem expedient. 24, As permitted by the fifth Section of an act of the General Assembly of the commonwealth of Kentucky, approved February 17, 1866, entitled ‘‘An act to amend the charter of The City of Louisville,’ and for the pur- poses therein named, vz: of discharging such debts as The City may now owe or be liable for, and discharging such debts as The City shall hereafter contract or become liable for in making of improvements and repairs of streets, alleys, sidewalks, sewers, and other public works, and in the purchase of private property for public use, the Mayor is hereby authorized and directed to execute coupon bonds of The City of Louisville, to the amount in the aggregate of three hundred thousand dollars, with coupons for the semi-annual payment of interest thereon at the rate of six per centwin per annwmn,”said bonds to be payable thirty years after date thereof in Louisville, Kentucky, at the office of the Treasurer of said City, where the coupons also shall be payable. Such number of said bonds as the General Council may from time to time by resolution direct, shall each be of the denomina- tion of five hundred dollars, and the other of the bonds shall each be of the denomination of one thousand dollars. The bonds may be disposed of in such numbers, and in such manner, and be payable out of such fund as the General Council may by resolution from time to time direct; shall have the corporate seal thereto affixed; shall be signed by the Mayor and by the Auditor, and the coupons shall be signed by the Auditor. The aforesaid bonds, or the money realized therefrom, shall only be applied to the payment of such debts created or to be created for the purposes mentioned in the first Section of FINANCE. this ordinance, as shall from time to time be directed by resolution of the General Council; and to provide for the payment of said bonds and interest, the General Council, after the expiration of the present fiscal year, from year to year if necessary, and until a sufficient sum shall be realized (in addition to the amount collected of taxes already levied for the present fiscal year for that pur- pose) to pay said bonds and interest, shall pass ordinances levying a special annual tax on the taxable property in The City, in addition to the taxes otherwise authorized by law; which said special taxes shall be and are hereby ‘pledged to and set apart for the payment of the aforesaid bonds and interest thereon. And, further, to pay the same the property and credit of The City are also hereby pledged. 29. As permitted by the fifth Section of an act of the General Assembly of the Commonwealth of Kentucky, approved February 17, 1866, entitled ‘‘An act to amend the charter of The City of Louisville,’ and for the pur- pose therein named, e7z: of discharging such debts as The City may now owe or be liable for, and discharging such debt as The City shall hereafter contract or become liable for in the making of improvements and repairs of streets, alleys, sidewalks, sewers, and other public works, and in the purchase of private property for public use, the Mayor is hereby authorized and directed to execute coupon bonds of The Citv of Louisville to the amount, in the aggregate, of three hundred thousand dollars, with coupons for the semi-annual payment of interest thereon at the rate of six per centwm per annum; said bonds to be payable thirty years after date thereof, in Louisville, Kentucky, at the office of the Treasurer of said City, where the coupons also shall be payable. Such number of said bonds as the General Council may, from time to time, by resolution, direct, shall each be of the denomi- nation of five hundred dollars, and the other of the bonds shall each be of the denomination of one thousand dollars. The bonds may be disposed of in such numbers, and in Ordinance, approved July 25, 1867. An act to amend an act entitled An act establishing a new charter for The City of Louisville. Approved Mar. 3, 1871. FINANCE. such manner, and be payable out of such fund as the General Council may, by resolution, from time to time, direct; shall have the corporate seal thereto affixed; shall be signed by the Mayor and attested by the Auditor, and the coupons shall be signed by the Auditor. The afore- said bonds, or the money realized therefrom, shall be applied only to the payment of such debts created or to be created, for the purposes mentioned in the first Section of this ordinance, as shall, from time to time, de directed by resolution of the General Council; and to provide for the payment of said bonds and interest, the General Council, after the expiration of the present fiscal year, from year to year if necessary, and until a sufficient sum shall be realized, in addition to the amount collected of taxes already levied for the present fiscal year for that purpose, to pay said bonds and interest, shall pass ordinances levying a special annual tax on the taxable property in The City, in addition to the taxes otherwise authorized by law; which said special taxes shall be and are hereby pledged to and set apart for the payment of the aforesaid bonds and interest thereon; and, further, to pay the same, the property and credit of The City are also hereby pledged. 26. To pay off and discharge the old liabilities of said City now existing and not otherwise provided for, and for the purpose of raising the grades of Fulton and con- necting streets, and for the purpose of building an outfall sewer from some point in the Western District in said City to the Ohio river, and for the purpose of making a road-bed for the Louisville, Cincinnati, and Lexington Railroad north of Main Street, in accordance with the contract executed the third day of June, 1870, by which the lineand route of connections between said road and the Louisville and Nashville Railroad were designated, the General Council may by ordinance or resolution cause to be issued the bonds of said City, not to exceed the sum of nine hundred thousand dollars in amount; two hundred thousand dollars of which shall be applied to the payment FINANCE. —_— se _ 4 and discharge of said old liabilities; two hundred thous- and dollars to be applied to the raising of Fulton and the connecting streets; three hundred and fifty thousand dollars to be applied to the construction and building the outlet sewer in said Western District; and one hundred and fifty thousand dollars to be applied to making the road-bed aforesaid in said City north of Main Street. Said bonds shall be made payable not exceeding thirty years from date, and at such place as shall be designated in the ordinance or resolution authorizing their issue; not to bear interest more than the rate of eight per cent. per annum, payable semi-annually, for the payment of which interest coupons may be attached to said bonds. The said bonds shall be signed by the Mayor of said City under the corporate seal, and countersigned by the Auditor of said City. The Auditor shall also sign each of said conpons thereto attached; Provided, however, that if the bonds are issued for either improving Fulton Street or the sewer in the Western District herein pro- vided, then they shall be issued for the other under the restrictions herein provided. 27. The bonds to the amount of two hundred thousand dollars authorized to be issued under the act of March 8, 1871, entitled ‘‘An act to amend an act establishing a new charter for The City of Louisville,’ and therein directed to be applied to the raising of the grades of Fulton and connecting streets, be so apportioned and used that said bonds to the amount of seventy-five thou- sand dollars be used and applied to the building of sewers in the Eastern District, and that bonds to the amount of one hundred and twenty-five thousand dollars thereof be used and applied to the raising and improving the grade of Fulton Street east of Preston Street. An annual tax shall be assessed and collected, not exceeding ten cents on each one hundred dollars’ worth of property and improvements named in Section 60 of the new charter, to pay the principal and interest of the bonds of The City of Louisville issued to pay for the building the outfall 2538 An aet ito amend the cbarter of the City of Louis- ville. Ap- proved March VAL oa tava G2 3 and 4. Secs. 254 Ordinance, approved Apr. LST. FINANCE. sewer in the Western District and the sewers in the Eastern District, and the raising or improving the wharf or the grades of Fulton or connecting streets, and the making a road-bed north of Main Street for the Louis- ville, Cineinnati and Lexington Railroad; and that said bonds when issued shall be chargeable to and paid by the Sinking Fund of said City, and if so paid the money arising from this tax shall be paid into that Fund until said bonds are paid off. when this tax shall cease. 28. As permitted by the eleventh Section of an act of the General Assembly of the Commonwealth of Ken- tucky, approved March 3, 1871, entitled ‘“‘An act to amend an act entitled ‘An act establishing a new charter for The City of Louisville,’’’ and by the third and fourth Sections of an act entitled ‘‘An act to amend the charter of The City of Louisville,’? approved March 21, 1871, and for the purposes therein named, to wit, of building a western outfall sewer from some point in the Western District in said City to the Ohio river, and for the raising or improving the wharf and raising the grades of Fulton and connecting streets east of Preston Street, and for the purpose of building sewers in the Eastern District, the Mayor is hereby authorized and directed to issue and dispose of the bonds of The City of Louisville to the amount in the aggregate of tive hundred and fifty thou- sand dollars, with coupons attached for the payment of the interest semi-annually. Said bonds to be of the denomination of one thousand dollars each, and to bear interest at the rate of seven per cent., and to be due and payable thirty years after the date thereof at the Bank of America, New York. Said bonds shall be signed by the Mayor of said City, under the corporate seal, and countersigned by the Auditor, and also by the Treasurer and Secretary of the Sinking Fund, and said Auditor shall also sign each coupon attached.as aforesaid. The aforesaid bonds or the money realized therefrom shall be applied in the following proportions, to wit: Three hundred and fifty thousand dollars to building a western FINANCE. outfall sewer from some point in the Western District to the Ohio river; one hundred and twenty-five thousand dollars to improving the wharf or raising the grades of Fulton and connecting streets east of Preston Street, and seventy-five thousand dollars to building sewers in the Eastern District of said City. To meet the interest and discharge and pay said bonds at maturity an annual tax shall be assessed and collected, not exceeding seven cents on each one hundred dollars’ worth of real estate and improvements in said City. Said tax shall be col- lected by the Tax Receiver and paid into the Sinking Fund of said City on every third day after its collection by him, until a sufficient sum shall be realized to pay off and discharge the bonds and interest aforesaid, when said tax shall cease. Said bonds shall be entitled and known as follows: Four hundred and twenty-five of said bonds shall be entitled and known as ‘‘Sewer Improve- ment Bonds,” and the remaining one hundred and twenty-five shall be entitled and known as ‘‘ Wharf and Fulton Street Improvement Bonds.’’ 29, The several acts incorporating The City of Louis- ville and acts amendatory thereof are hereby so amended that said City may issue and sell, on the order of the Mayor and Boards of Aldermen and Common Council of said City, the bonds of said City, having thirty years to run and bearing a rate of interest not exceeding seven per cent. per annum, payable semi-annually, to an amount not exceeding one hundred and fifty thousand dollars ; the proceeds of which shall be appled to the payment of such liability and expenditure as may be incurred by The City in the construction of a new Jail, in cooperation with the County of Jefferson ; and the said City Council, in case of the issue and sale of such bonds or of any part thereof, shall levy and cause to be collected annually, such taxes as shall be adequate to the payment of the interest and principal of such bonds as [are] due when they become due; and such taxes shall be collected as other taxes are collected and shall be assessed and levied An act to amend the charter of The City- of Louis- ville, author- izing issue of bonds to defray expenses in building a new jail. Approved Mar. 9, 1868. 256 FINANCE. Ordinance, approved Mar. 25/1871: Ordinance, approved Apr. fel ey t upon the taxable property within The City, or upon such - part thereof as said General Council may deem expedient. 30. By virtue of Section 11 of an act approved March 3, 1871, entitled ‘‘An act to amend an act entitled an act establishing a new charter for The City of Louisville,”’ the Mayor of said City is hereby authorized and directed to have prepared and to issue and dispose of two hundred bonds of said City of the denomination of one thousand dollars each, to be entitled and known as ‘‘Old liability bonds;’’ they to bear interest at the rate of seven per cent. per annum, and to have coupons attached for the semi-annual payment thereof, which bonds and coupons shall be attested by the City Auditor and the Treasurer of the Sinking Fund; they to become due and payable thirty years after their date, and the interest and principal to be paid at the office of the Commissioners of the Sinking — Fund of said City. Said bonds or their proceeds shall be used solely to pay the indebtedness and liabilities of said City created prior to the third day of March, 1870. The Commissioners of the Sinking Fund having con- sented, by resolution adopted by them on the twentieth day of March, 1871, to carry the bonds herein authorized to be issued, the same are hereby declared to be a charge on said Sinking Fund to be paid by it as and when pro- vided in Sections 1 and 2 of this ordinance. 31. As permitted by the eleventh Section of an act of the General Assembly of the Commonwealth of Ken- tucky, approved March 3, 1871, entitled ‘‘An act to amend an act entitled ‘An act establishing a new charter for The City of Louisville,’’’? and the fourth Section of an act, approved March 21, 1871, entitled ‘‘An act to amend the charter of The City of Louisville,’’? and for the ° purpose therein named, to wit: of making a road-bed for the Louisville, Cincinnati, and Lexington Railroad north of Main Street, in accordance with the contract executed the third day of June, 1870, the Mayor is hereby author- ized and directed to issue and dispose of the bonds of The City to the amount of one hundred and fifty thousand FINANCE. dollars, with coupons attached for the payment of the interest semi-annually. Said bonds to be of the denomi- nation of one thousand dollars each, and to bear interest at the rate of seven per cent., and to be due and payable thirty years after the date thereof at the Bank of America, New York. Said bonds shall be Known as ‘Road-bed Bonds.’ Said bonds shall be signed by the Mayor of said City under the corporate seal, and counter- signed by the Auditor, and also by the Treasurer and Secretary of the Sinking Fund, and said Auditor shall sign each coupon attached as aforesaid. The aforesaid bonds, or the money realized therefrom, shall be applied to the making of a road-bed for the Louisville, Cincin- nati, and Lexington Railroad north of Main Street, in accordance with the contract executed the third day of June, 1870. To meet the interest and discharge and pay said bonds at maturity, an annual tax shall be assessed and collected, not exceeding three cents on each one hundred dollars’ worth of real estate and improvements in said City. Said tax shall be collected and paid into the Sinking Fund of said City by the Tax Receiver of said City, on every third day after its collection by him, until a sufficient sum shall have been realized to pay off and discharge the principal and interest of said bonds, when this tax shall cease. 32. The Mayor of The City of Louisville is authorized and directed to subscribe, in the name and for and in behalf of The City of Louisville, for ten thousand addi- tional shares of the capital stock of the Elizabethtown and Paducah Railroad Company, in all respects and upon all the terms and conditions mentioned in said ordinance; and after the execution by the Railroad Company of a contract which, to the satisfaction of the Mayor, shall contain all the obligations and stipulations on the part of said Company provided for in said ordinance, and after the performance of all other acts required by said ordi- nance to be performed by said Company before the making of said subscription. 17 The bonds already pre- Ana te £0 authorize the Mayor of The City of Louis- ville to sub- scribe, in the name and for and in behalf of the said City, for ten thou- sand additional shares of the capital stock of the E. & P. R. R. Co. Ap- proved Feb. 18, 1873. An-act for the benefit of The City of Louisville. Approved Mar. 7 > oD 3, 1875. FINANCE. pared and executed by said City officials as aforesaid, with sufficient number of other similar bonds to make up the requisite number, shall, after it has been made to appear thereon that they have been delivered pursuant to this act be delivered to the Commissioners of the Sinking Fund for the purposes and upon the terms mentioned in said ordinance; and all other bonds, con- tracts, and all mortgages, such as are mentioned in said ordinance, shall be executed at such times as as they properly can be, as provided in said ordinance; and generally all the provisions of said ordinance, except the twelfth and fourteenth Sections thereof, which have already been compled with as aforesaid, shall henceforth be in force. It being the intent and purpose of this act to enact all the provisions of the said ordinance, except the said twelfth and fourteenth Sections, in all respects as if the same were herein again copied. 33. For the purpose of completing the road-bed for the Louisville, Cincinnati and Lexington Railroad, north of Main street in said City, as required in or by the con- tract executed on the third day of June, 1870, by which the line and route of connection between said road and the Louisville and Nashville Railroad were designated, the General Council may by ordinance or resolution cause to be issued the bonds of said City, not to exceed the sum of two hundred thousand dollars, or such amount or sum thereof as will complete said road-bed, or as may be required under the provisions of said contract; and for the purpose of completing the new City Hall building in said City and furnishing the same the General Council of The City of Louisville may by ordinance or resolution cause to be issued the bonds of said City to the amount of not more than two hundred thousand dollars. All of the bonds aforesaid shall be made payable not exceeding thirty years from their date, and at such place as shall be designated in the ordinance or resolution authorizing their issue; to bear interest at the rate of not more than eight per cent. per annum, payable semi-annually, for FINANCE. —~——_—_——_ the payment of which interest coupons may be attached to said bonds. The said bonds shall be signed by the Mayor of said City, under the corporate seal, and coun- tersigned by the Auditor of said City; the Auditor shall also sign each of said coupons thereto attached. ‘To provide for the payment of the principal and interest of said bonds the said General Council may levy and collect an annual tax on all property in said City taxable under the revenue laws of the State of Kentucky sufficient, in the opinion of the Commissioners of the Sinking Fund of said City, to pay off and discharge the same; and said bonds and interest thereon shall constitute a charge on said Sinking Fund. Out of the proceeds of the bonds, to the amount of one hundred and twenty-five thousand dollars, authorized to be applied to the raising and improving of the grade of Fulton Street east of Preston Street, under the provisions of Section 3 of an act entitled ‘‘An act to amend the charter of The City of Louisville,”’’ approved March 21, 1871, the General Council of The City of Louisville is hereby authorized to apply the remainder that is left, after the raising and improving of the grades of Fulton Street east of Preston Street is pro- vided for, to the raising and making of the grades of such cross Streets east of Preston Street extending north- wardly and southwardly from Franklin Street to Fulton street, and for the construction of such flood-gates east of Second Street and north of Washington Street for the protection of that portion of said Hity from the high- water overflows of the Ohio river, as the said General Council may by ordinance or resolution direct. 34. The General Council shall have power and is hereby authorized by ordinance to provide for the issue and dis- posal of the bonds of The City to the amount of six hundred thousand dollars, said bonds to bear interest not to exceed seven per centum per annwm, with coupons attached for the payment of the interest semi-annually; said bonds to become due not longer than thirty years after their date; to be signed by the Mayor under the 259 An act to toamendthe charter of The City of Louis- ville” Ap- proved Feb. 20,1873. Sec.8. 260 Ordinance, approved April 26, 1873. FINANCE. een corporate seal of said City, to be countersigned by the — Auditor, and registered by the Secretary and Treasurer of the Sinking Fund. The Auditor shall also sign the coupons attached to said bonds. To pay the interest and provide for paying the principal of said bonds at maturity, the General Council shall have power to annually levy and collect a tax, on every description of property in said City subject to taxation under the revenue laws of the State of Kentucky, of not exceeding seven cents on each one hundred dollars’ worth of property so assessed. The proceeds of said bonds shall be applied as far as necessary in paying the face, with six per cent. interest on same, of such apportionment warrants as have been or may be issued by the General Council for the reconstruction of the carriage-ways of streets and alleys under the provisions of the twelfth Section of the charter, approved March 3, 1870, entitled ‘An act to establish a new charter for The City of Louisville.”’ 39. As permitted by the eighth Section of an act of the General Assembly of the Commonwealth of Kentucky, entitled ‘‘An act to amend the charter of The City of Louisville,”’ approved twentieth February, 1873, and for the purposes named in said Section of said act, the Mayor is hereby authorized and directed to have prepared and to dispose of the bonds of The City of Louisville to the amount of six hundred thousand dollars. Said bonds shall be signed by the Mayor, under the corporate seal of said City, and be of the denomination of one thousand dollars each, to become due thirty years after their date, to bear interest at the rate of seven per cent. per annum, payable semi-annually; for the payment of which inter- est coupons shall be attached, signed by the Auditor. Said bonds shall be countersigned by the Secretary and Treasurer of the Sinking Fund, and both principal and interest of said bonds to be made payable in the city of New York. The bonds aforesaid shall be called ‘* Reconstruction bonds,’’ and the proceeds of the same FINANCE, shall be applied, as far as may be necessary, in paying the face, with six per cent. interest on same, of such apportionment warrants as have been or may be issued by the General Council of The City of Louisville for the reconstruction of the carriage-ways of the streets and alleys, under the provisions of the twelfth Section of the act, approved third of March, 1870, entitled ‘An act establishing a new charter for the City of Louisville.”’ To meet the interest and to discharge and pay the said bonds at maturity, an annual tax shall be levied and collected not exceeding seven cents on each one hundred dollars’ worth of property in said City subject to tax- ation under the revenue laws of the State of Kentucky. Said tax shall be collected by the Tax Receiver and paid into the Sinking Fund of The City of Louisville on every third day after its collection by him, until a sufficient sum shall be realized to pay off and discharge the bonds and interest aforesaid, when said tax shall cease. 36. The Sinking Fund of The City of Louisville is hereby charged with the payment of the floating debt of said City existing on the first day of January, 1879, and that for the purpose of paying the same the General Council of said City is hereby authorized and directed to cause to be issued one million dollars of coupon bonds of said City. These bonds shall bear interest from their date at the rate of five per centwm per annum, payable semi-annually, and the principal thereof be payable at any period to be fixed in the ordinance; not exceeding forty years from their date. One half of said bonds shall be issued so that they may be called in and paid off at any time after ten years from their date, and the other half at any time after twenty years from their date. In order to provide for the payment of the prin- cipal and interest of said bonds as they respectively fall due, the General Council of said City is hereby author- ized and directed to levy annually and cause to be collected a tax of ten cents on each one hundred dollars’ worth of property, real, personal, and mixed, money, An act to amend the charter of The City of Louis- ¥illbentsé p- proved March 30, 1880. 262 FINANCE. choses-in-action, bonds, stocks, and evidences of debt, in said City, subject to taxation under the revenue laws of the State of Kentucky, and the authority and direction to levy and collect said tax shall continue for the purpose aforesaid so long as it may be necessary to pay the principal and interest of said bonds. The said tax when collected shall be paid into the treasury of said Sinking Fund. Said bonds shall be delivered by the Mayor to the Commissioners of the Sinking Fund, who shall hold the same as the property of the Sinking Fund and have the right of a dona fide holder, and may from time to time as they may deem advisable, sell and dispose of the same. ‘The proceeds of the taxes assessed and levied by The City of Louisville prior to the year 1879, except the taxes levied for the benefit of the Public Schools and House of Refuge, as the same may hereafter be collected shall be paid into the Sinking Fund and shall be held and applied to the payment of the bonded debt of said City. The General Council of said City shall for the purpose of providing for the payment of the principal and interest of the bonds issued by said City to the Elizabethtown and Paducah Railroad Company, dated October 1, 1868, and the bonds issued to the same Com- pany, dated January 1, 1873, and the bonds issued to the Louisville, New Albany, and St. Louis Air-line Rail- way Company, dated September 1, 1871, continue td levy annually and cause to be collected a tax of thirty cents on each one hundred dollars’ worth of property, real, personal, and mixed, money, choses-in-action, bonds, stocks, and evidences of debt in said City subject to taxa- tion under the revenue laws of the State of Kentucky; and said levy shall continue to be made so long as it may be necessary to pay the principal and interest of said _ bonds. Said taxes when collected shall be paid into the Sinking Fund of said City and said Sinking Fund shall with said taxes and other resources pay the aforesaid bonds. The bonds authorized to be issued by this act and all other bonds of said City for which The City is primarily liable, shall be a charge on the Sinking Fund FINANCE. 263 of said City. Nothing in this act shall repeal the au- thority which The City of Louisville has to levy and collect taxes to pay the principal and interest of the bonds herein charged on the Sinking Fund, should said taxes be necessary to pay the same. 87. In accordance with the provisions of an act of the General Assembly of the Commonwealth of Kentucky, entitled ‘‘An act to amend the charter of The City of Louisville,’? approved March 30, 1880, the Mayor is hereby authorized and directed to cause to be prepared and issued one million dollars of coupon bonds of said City, of the denomination of one thousand dollars each, to be dated the first day of May, 1880, and bear interest at the rate of five per centum per annum, payable semi- annually, and the principal thereof payable forty years after their date, interest and principal to be paid at the Bank of America, in the city of New York, but five hundred of said bonds shall be issued so that ‘they may be called in and paid off 4t any time after ten years after their date, and the other five hundred at any time after twenty years from their date; and in order to provide for the payment of the principal and interest of said bonds as they respect- ively fall due a tax of ten cents on each one hundred dollars’ worth of property, real, personal and mixed, money, choses-in-action, bonds, stocks, and evidences of debt in said City, subject to taxation under the revenue laws of the State of Kentucky, is hereby levied annually until said bonds, principal, and interest are fully paid. The said bonds shall show on their face that they are a charge on the Sinking Fund; shall be numbered, signed by the Mayor, under the corporate seal of The City, and countersigned by the Auditor, and registered by the Secretary and Treasurer of the Sinking Fund, and the coupons to be signed by the Auditor alone. So soon as said bond#are issued, as hereinbefore directed, the Mayor shall deliver the same to the Commissioners of the Sinking Fund, who shall hold the same as the property of the Ordinance: approved Apr 18, 1880. 264 An act to legalize and make valid one million five hundred thou- sand dollars of four per cent. coupon bonds of The City of Louisville, prepared and issued under an ordinance voted upon by the voters of said City on May 19, 1883. Approved Mar. 20, 1884. FINANCE. Sinking Fund, and have the right of a bona fide holder, and may from time to time, as they deem advisable, sell and dispose of the same. The proceeds of said. bonds, and the taxes assessed and levied by The City of Louis- ville prior to the year 1879, except the taxes levied for the benefit of the public schools and House of Refuge, shall be held and applied by the Sinking Fund to the bonded debt of said City and the floating debt of said City, said floating debts being in all instances first ascer- tained and allowed by the General Council. 38. The one million five hundred thousand dollars of four per cent. coupon bonds of The City of Louisville, prepared and issued under an ordinance voted upon by the voters of said City on the nineteenth day of May, 1883, are hereby legalized and made valid, and that for the purpose of paying the interest and principal of said bonds the General Council of said City is hereby author- ized and directed annually to levy and cause to be collected a tax of not exceeding fifteen cents on each one hundred dollars’ worth of property in said City, subject to taxation under the revenue laws of the State of Ken- tucky, and said tax shall be levied and collected until said bonds, principal and interest, are fully paid. The said bonds are hereby made a charge on the Commis- sioners of the Sinking Fund of The City of Louisville, and the tax herein authorized and directed to be levied and collected shall be paid into said Sinking Fund by The City of Louisville for the purpose of paying the principal and interest of said bonds. Out of the proceeds of said bonds a sum not to exceed the sum of seventy- five thousand dollars may be used in paying the cost of the Courthouse improvement, buying and equipping a new steam fire-engine house and two fire-engines, and the new Eruptive Hospital. The money collected and to be collected under the levy made by said City for the year 1883, described in said levy ordinance, to pay the interest and so forth on City bonds authorized by the ordi- nance referred to in the first Section of this act, is hereby FINANCE. 265 directed to be applied by the Sinking Fund Commis- sioners to the payment of the principal and interest of the bonds described in the first Section hereof. 39. Whereas, by ordinance of the General Council of ‘The City of Louisville, duly approved upon May 4, 1883, it was ordained that the Mayor was thereby authorized and directed to cause to be prepared and issued one million five hundred thousand dollars of coupon bonds of said City, to be dated July 1, 1883, and to bear interest at the rate of four per cent. per annwm, payable semi-annually, and the principal thereof payable forty years after their date, and that all of said bonds should be issued so that they and each of them might be called in and paid off at any time after twenty years after their date, and that so soon as the said bonds were issued the Mayor should deliver the same to the Commissioners of the Sinking Fund of said City, who should sell the same in such quantity as the Mayor and said Commissioners might deem best for the interests of said City. And whereas, such issue of bonds also was by act of the General Assembly of the Commonwealth of Kentucky, approved March 20, 1884, legalized and made valid. And whereas, by further act of the said General Assembly duly approved April 12, 1884, it was enacted that the Commissioners of the Sink- ing Fund of said City were authorized to sell and dispose of the remainder of said bonds upon the best terms to be obtained, though it be at less than their par value, and that the said bonds might, at the discretion of said Com- missioners, before being sold, be changed so as to become due forty years after their date in the place of being twenty-forties as then prepared. And whereas, there are now remaining unsold, in the hands of said Commis- sioners of the Sinking Fund, bonds of said issue to the amount of eleven hundred and ninety-four thousand dollars. And whereas said Commissioners of the Sink- ing Fund have duly resolved to change all of the remain- der of said bonds, being bonds numbered from Nos. 177, 178, 179, 180 and 183 to 1,000 inclusive, of five hundred Ordinance, approved Apr. 21, 1884. Ordinance, approved May 4, 1883. FINANCE. dollar denominations, and amounting in the aggregate to four hundred and eleven thousand dollars, and seven hun- dred and eighty-three one thousand dollar bonds from Nos. 217, 218, 219, 220 and 222 to 1,000 inclusive, and amounting in the aggregate to seven hundred and eighty- three thousand dollars, so that they shall become due and payable forty years after their date in the place of being twenty-forties as now prepared, and to express their action in the premises by.printing upon each of said bonds the following indorsement, to be signed by the President of said Commissioners, and to have their seal thereto affixed: “This bond is one of a series duly authorized by ordinance of the General Council of The City of Louisville and by acts of the General Assembly of Kentucky. Pursuant to said acts this bond has been and is hereby duly changed by the Commissioners of the Sinking Fund of said City so as to become due and payable forty years from the first day of July, 1883, instead of being redeemable after twenty years. Dated, Louisville, Ky., , 1884. as ee f SEAL ) President of the Commissioners of the Los. J Sinking Fund of The City Louisville,” —— : And have further resolved to sell all of said bonds, so remaining, to Kuhn, Loeb & Co., New York, at the price of ninety-seven per cent. and accrued interest, less one-half per cent. commission, amounting in the aggre- gate to ——— dollars. Now, therefore, be it ordained by the General Council of the City of Louisville that the action of said Commissioners as above set forth be and the same hereby is in all things adopted and confirmed as the action of said General Council of The City of Louisville, and that the Mayor shall sign the aforesaid indorsement to be placed upon said bonds and affix the seal of the City thereto, in evidence of such adoption and confirmation. 40. In accordance with the provisions of Sections 67, 68, and 69 of an act approved March 3, 1870, entitled ‘An act establishing a new charter for The City of Louis- ville, and to borrow money to provide the improvements, comfort, convenience, and advantage of the inhabitants FINANCE. of The City, the Mayor is hereby authorized and directed to cause to be prepared and issued one million five hun- dred thousand dollars of coupon bonds of said City, one million to be of the denomination of one thousand dollars each, and five hundred thousand dollars in bonds of the denomination of five hundred dollars each, to be dated first day of July, 1883, to bear interest at the rate of four per cent. per annwm, payable semi-annually, and the principal thereof payable forty years after their date; interest and principal to be paid at the United States National Bank in the city of New York. All of said bonds shall be issued so that they and each of them may be called in and paid off at any time after twenty years after their date; and in order to provide for the payment of the principal and interest of said bonds as they respectively fall due a tax of twelve cents on each one hundred dollars’ worth of property, real estate and such personal estate as is designated in the annual levy ordi- nance for the year ending September 1, 1863, is hereby levied annually until said bonds, principal and interest, are fully paid. The said bonds shall. be numbered, signed by the Mayor, under the corporate seal of the City, and countersigned by the Auditor, and registered by the Secretary and Treasurer of the Sinking Fund, and the coupons to be signed by the Auditor alone. So soon as said bonds are issued, as hereinbefore directed, the Mayor shall deliver the same to the Commissioners of the Sinking Fund, who shall sell the same in such quan- tities as the Mayorand said Commissioners may deem best for the interest of said City, and pay over the proceeds of such sales to the Treasurer of said City. The proceeds of said bonds shall be sacredly applied to the reconstruction of the worn out public ways of said City, to the con- struction of such sewers as are at this time pressingly required, to the repairs of the western outfall sewer, and restoration of the levees and embankments on Fulton Street and the Cutoff. When said bonds are issued the money thus raised shall be applied as follows: One million dollars for reconstruction of streets; four hundred An act to authorize the Commissioners of the Sinking Fund of The City of Louis- ville to. sell bonds. Appro- ved A prifad2: 1884. An act for the benefit of Live Git y ee Louisville, ap- proved March 29, 1878. FINANCE. and fifty thousand dollars to build new sewers and repair the western outfall sewer, and fifty thousand dollars to repair the levee at the head of the Cutoff on the Point. Said bonds shall not be sold for less than par, and the amounts set apart shall under no circumstances be applied otherwise than as named above, and all sums to be paid out of said above named amounts shall be certified to by the City Book-keeper and the City Engineer as being a proper charge against said sums. This ordinance shall take effect only upon its being published as provided in the City charter, and being voted in favor of by such a majority of the qualified voters of The City of Louisville as is required by law, at a special election which shall be held on the nineteenth day of May next, 1883, for the purpose of taking the sense of the qualified voters afore- said in the premises as required by law. 41. The Commissioners of the Sinking Fund of The City of Louisville are hereby authorized to sell and dis- pose of the remainder of the one million five hundred thousand dollars of City - of- Louisville four per cent. coupon bonds, upon the best terms to be obtained, though it be at less than their par value, any provision in the ordinance providing for their issue to the contrary not- withstanding. The said bonds may, in the discretion of the Commissioners of the Sinking Fund of said City, before they are sold be changed so as to become due forty years after their date in the place of being twenty- forties as now prepared. 42. The General Council of The City of Louisville shall have full power to transfer the unexpended balances now to the credit of the Jail and Fulton Street improvement fund to the new Workhouse account, and expend the same in the construction and furnishing the said new Workhouse. The General Council of said City shall have full power and authority to annually levy and cause to be collected, in addition to the sum now authorized to be collected, the sum of one cent on each one hundred FINANCE. 269 dollars’ worth of property in said’ City subject to tax- ation under the revenue laws of the State of Kentucky, making in all an annual levy of not exceeding six cents on each one hundred dollars’ worth of property in said City, to be used exclusively for the support and main- tenance of the houses of refuge. 43. The sum of one million dollars is hereby appro- priated out of the proceeds of the City bonds issued under the authority of an act entitled ‘‘An act to amend the charter of The City of Louisville,” approved March 30, 1880, to pay claims against The City of Louisville existing prior to January 1, 1879. The said claims, when allowed by the General Council, shall be paid by the Sinking Fund of The City of Louisville upon the warrant of the Auditor. 44. Whenever a receipt for taxes paid to the Lotis- ville and Nashville Railroad Company shall have been lost or mislaid, and the tax-payer shall receive a true copy of said bill, attested by the Assessor, and oath being made before a Magistrate or Notary Public that the original tax-receipt has been so lost or mislaid, and never been transferred, it shall be a sufficient guaranty to authorize the Mayor to transfer stock on said attached certificate as on the original tax-receipt, after sufficient security shall have been given to save The City harmless on the original tax bill. 45. The Farmers’ Loan and Trust Company, doing business in the City of New York, is hereby authorized to act as registrar and transfer agents for said City [of Louisville] of bonds issued by it in aid of the Elizabeth- town and Paducah Railroad Company, as authorized by ordinance approved April 18, 1868: Provided, that no charge shall be made against said City for such agency. kes See Auprror — ConTRACTS— CoRPORATE POWERS — GAS —GEN- ERAL CouNCIL— RAILROADS—SINKING FUND—TAXATION — TREASURER —W ATER. Ordinance, approved May 29, 1880. Ordinance, approved Oct. 26, 1855. Ordinance, approved Sept. 8, 1869. CHAPTER Xxhl FINES AND MISDEMEANORS. GOAN ON as 1. Awnings. 2. Bathing. 3. Bell-ringing. 4. Second ordinance. 5. Third ordinance. 6; Bill-posting. 7. Ordinance. 8. Second ordinance. 9. Bicycles. 10. Bridges. 11. Second ordinance. 12. Carcasses. 13. Second ordinance. 14. Third ordinance. 15. Cattle. 16. Second ordinance. 17. Cellars, cellar-doors, ete. 18. Cisterns, wells, ete. 19. Second ordinance. 20. Third ordinance. 21. Contagious diseases. 22. Disinterring and non-interring of corpses. 23. Disorderly conduct. 24. Dogs. 25. Second ordinance. 26. Third ordinance. 27. Drunkenness. 28. English sparrows. 29. Exposure of person. 30. Fast riding and driving. 31. Second ordinance. 32. Fires and fire precautions. 33. Second ordinance. 34. Third ordinance. Orr Ca .Ouw Cv Gr sr Or — HABA Swe SO 67. cars. 68. Fourth ordinance. Fifth ordinance. ‘Sixth ordinance. Gas and other fixtures. Geese. Guns and fire-works. Gutters. . Hides. Horses, mules, ete. Second ordinance. Inflammables and explosives. Ordinance. Second ordinance. Third ordinance. Fourth ordinance. Larceny. Markets. Second ordinance. Nuisances. Second ordinance. Third ordinance. Fourth ordinance. Obstructions in the Ohio river. Paupers and others. Privies, vaults, ete. Second ordinance. Public property. Public ways. Second ordinance. Third ordinance. Fourth ordinance. Fifth ordinance. Riding on the steps of horse- Shade-trees. FINES AND MISDEMEANORS. . Vagrants. . Vehicles. Second ordinance. 69. Slaughter-houses. 70. Street plumbing. 71. Sunday. oo or Third ordinance. . Water. Second ordinance. Ta Second ordinance. 73. Unlawfully wearing _ police- badges. oo . JI oJ 7 -1 -] =] ~I or ~~ . 1. It shall not be lawful to erect, keep, or maintain in or over any sidewalk, street, alley, or public thorough- fare, any awning which shall not extend to the line of the curbstone of the footway or pavement in front of the premises before which said awning shall be placed, the lower part or eave thereof being at least nine feet above the curbstone, and so covered over as to throw water falling thereon into the gutter of the streets, and be supported by iron posts of suitable size, and securely fastened in a block of stone eighteen inches in length and not less than six inches square and placed in the ground four inches inside of and beyond the curbstone and no further; Provided, however, that this ordinance shall not apply to any awning now erected if the same does not extend to the curbstone, and shall not prevent the erection of awnings fifteen feet in width on or over sidewalks which are more than fifteen feet in width. There shall be no side- or end-wings or any rail attached to said awning or iron posts. Any person violating this ordinance shall be fined not less than five nor more than twenty dollars for each offense, and five dollars penalty for each twenty- four hours that the violation continues. 2 2. It shall be unlawful for any one, between the hours of 4 o'clock a.m., and 9 o’clock P.mM., to bathe in the canal, Beargrass Creek, or in the Ohio River, at any point between the eastern and western boundaries of The City, or inany pond within the City limits. For a violation of the provisions of this ordinance each party offending 27) Ordinance, approved May 28, 1875. ~ Ordinance, approved July 25, 1867. shall be lable to arrest, and shall, for each offense, be fined ten dollars. 3. Any person who shall ring the bell of a church, engine-house, or tavern, with the intent to create, or shall Ordinance, approved Oct. 31, 1853. 272 Ordinance, approved Oct. 17, 1853. Ordinance, approved Dec. 30, 1854. An act to establish the boundaries and taxable limits and to amend the charter of The City of Louisville. Approved Mar. 9,1867. Sec. 11. Ordinance, approved Dec. 17, 1855. FINES AND MISDEMEANORS. in any way knowingly create a false alarm of fire, shall be fined twenty dollars. 4. Any person who shall ring a bell in the streets to give notice of an auction or other assembly for a longer time than ten minutes, or elsewhere than before the door of the place of the auction or assembly, shall be fined five dollars. 9. No fire bell or bells shall be rung or tolled in The City of Louisville, except in times of fire, for a longer time than fifteeen minutes. No church bell shall be rung in any one half hour for a longer time than five minutes, unless when rung for fire. Any person offend- ing against this ordinance shall be fined not less than ten nor more than twenty dollars. 6. The General Council shall have power to pass ordi- nances, imposing fines and penalties, to prohibit any one from placing or causing to be placed, in any street or alley, or on any wall, fence, or other place, exposed to public view in the said City, any indecent or gross painted, printed, or written advertisement, bill, or notice, as wellas any such advertisement or notice of professional skill, or remedies for what are usually called secret dis- eases, and to prohibit any such notices, bills, or adver- tisements, whether inclosed in an envelop or other form, or uninclosed, from being left in any yard or premises attached to any dwelling house within said City, or being put under any door, or given to any servant or person about such dwelling house. 7. A fine of five dollars is hereby imposed upon any and all persons who shall paste a handbill or print an advertisement on any house or fence, whether public or private, without the consent of the owner. And the same fine is also imposed upon any and all persons for whose benefit said handbills or printed advertisements are put up. It is hereby made the duty of the police to give information against all persons who may violate this ordinance. FINES AND MISDEMEANORS. 8. It shall be unlawful for any one to place or cause to be placed in any street or alley, or on any wall, fence, or other place exposed to public view within the City limits, any indecent or gross painted, printed, or written advertisement, bill, or notice of professional skill, or remedies for treatment of what are usually called ‘‘secret diseases,’’ or to leave or cause to be left any such notices, bills, or advertisements, whether inclosed in an envelope or other form, or uninclosed, in any yard or premises attached to any dwelling house within The City, or under any door, or to give or cause to be given to any servant or person about such dwelling house or premises, any such notices bills, or advertisements. For a viola- tion of any of the provisions of this ordinance, the party offending shall, for each offense, be fined not less than fifty dollars nor more than one hundred dollars; and, moreover, shall be subject to be arrested and held in custody for trial before the Judge of the City Court of Louisville. 9. It shall be unlawful for any person to use a bicycle on any of the public ways of The City of Louisville without having in connection with such bicycle at all times a gong of sufficient sound, and so used to warn persons of its approach; and also whenever such bicycle is used on any of the public ways between sunset and sunrise a lantern so conspicuously placed as to warn. persons of its approach. Any person violating the pro- visions of this ordinance shall be fined ten dollars for each offense. 10. Any person who shall ride or drive otherwise than on a walk upon any bridge not made wholly of stone, shall be fined four dollars. Any person who shall tie a raft, boat, or other watercraft to any part of a bridge across Beargrass Creek, or shall use such bridge or any part of it for securing a raft, boat, or other watercraft, shall be fined ten dollars. The Mayor shall cause painted signboards to be placed and kept on each bridge across Beargrass, announcing the above fines, whhic the Wharf- 18 273 Ordinance, approved Dec, 9, 1867. Ordinance, approved Aug.. 2, 1882. Ordinance, approved Oct. 17, 1853. FINES AND MISDEMEANORS, Ordinance, approved Mar. 27, 1875. Ordinance, approved Nov. 14, 1853. Ordinance, approved June 29, 1857. Ordinance, approved May 9, 1878. master and Coal Measurer shall see strictly enforced against offenders. 11. Any person or persons who shall drive or attempt to drive any team, wagon, dray, or other carriage, on or across the draw of any bridge in The City of Louisville while the same is opening or shutting, or after the signal is given by the bridge-tender for the opening thereof and before the opening is begun, or who shall disobey or resist the tender thereof in his efforts to keep and pro- mote order and equal convenience among those crossing the same, shall for each offense be fined not less than five nor more than twenty-five dollars. No person shall ride, lead, or drive any wagon, carriage, dray, cart, or other vehicle or conveyance, nor any horse, mare, ox, or other animal over or across any of the bridges constructed in whole or in part of wood or iron within the limits of The City of Louisville at a faster gait or pace than a common walk, and any person or persons who shall be cuilty of a violation of this Section shall, for each offense, be fined not less than five nor more than ten dollars. 12. Any person who shall skin a dead animal, not slaughtered for meat, and shall fail for twelve hours after the death, or for four hours after he is informed thereof, to notify the Street Inspector of the death of such animal, belonging to such person or on or near his premises, shall be fined four dollars. The Street In- spector shall immediately cause the carcass to be removed. 13. All persons, except the owners thereof, who may be guilty of skinning dumb brutes which die within the jurisdiction of said City, shall be subjeet to a fine of not less than ten dollars nor more than twenty-five dollars, to be collected as other fines are collected. 14. It shall be unlawful for any person at any time to remove, haul, or drag any dead horse, mule, or cow through or along any of the public ways of this City, unless such person is first duly authorized to do the same FINES AND MISDEMEANORS. by contract with The City of Louisville; Provided, this Section shall not apply to the owner of such dead animal. Any person violating the provisions of the first Section of this ordinance shall be fined twenty dollars for each offense. . 15. From and after the passage of this ordinance, any person who shall sell or offer for sale any cow, calf, or other cattle in Market Street, on the squares or blocks occupied by any market-house, or the intersections of any stveets adjoining said market-house, shall be fined four dollars. 16. It shall be unlawful for any person or persons to offer for sale, as a business, any cows, calves, or horned cattle in the streets, alleys, market-places, or public land- ings in The City of Louisville; Provided, that this ordi- nance shall not be so construed as to prevent the sale of calves from market wagons. Any person violating this ordinance shall forfeit to The City not less than five, nor more than twenty dollars for each offense. All ordinances or parts of ordinances conflicting with this ordinance are hereby repealed. It shall be the duty of the police to enforce the provisions of this ordinance. 17. It shall be unlawful for any person to permit his cellar-door or cellar-way on any public way in said City to be left open at any time. It shall be unlawful for any person to permit any cellar-door, cellar-way, or grating to any vaulton orin any public way in said City, belonging to premises owned or occupied by him, to be in an insecure condition, or in such condition as to endanger passers-by. It shall be unlawful for any person to place, keep, or “maintain on any sidewalk, street, or alley any cellar_ door, cellar-way, or steps leading into any cellar-door or cellar-way that is otherwise than level with the adjoining pavement, and that extends more than four feet from the line of the adjoining lot. All cellars shall be kept dry and well aired, and free from standing water, putri- fying and noxious vapors and smells, and during the months of June, July, August, and September well 275 Ordinance , approved July 23, 1859. Ordinance, approved June 12, 1866. Ordinance, approved May 9, 1871. 276 Ordinance, approved Oct. 27, 1853. Ordinance, approved Noy. 20, 1865. Ordinance, approved May 16, 1870. Ordinance, approved Nov. 17, 1853. Ordinance, approved Noy. 17, 1853. FINES AND MISDEMEANORS. srpinkled with lime or some other disinfectant, when necessary. Any person violating any provision of this ordinance shall be fined not less than five nor more than twenty dollars for each offense, 18. If any person shall take water from a public cistern for any other purpose than to extinguish fires, or to use it in or upon the public fire-engines or apparatus, or shall open or leave uncovered a public cistern, he shall pay a fine of twenty dollars. 19. Any person who shall unnecessarily hinder or delay another in resorting to or using any public pump, or shall water a horse or other animal, or shall wash himself or his dog, or other animal, or thing, within ten feet of such pump, or shall improperly use the dipper or any appen- dage to such pump, and any brickmason, stonemason, or plasterer, who shall use a pump or cistern to procure therefrom water to carry on his business, shall be fined not less than ten nor more than twenty dollars for each offense. Any person who shall injure, befoul, or corrupt any pump, stock, or appendage thereto, or any spring, well or cistern, shall be fined for each offense not less than fifty nor more than one hundred dollars. 20. It shall be unlawful for any person to place or cause to be placed any rubbish, building material, or other substance on or over any of the public cisterns, or obstruct the way to or around the same. Any person violating this ordinance shall be fined not less than ten nor more than twenty-five dollars. 21. Any person who shall knowingly introduce or aid in introducing into The City any contagious disease; or who, knowing any person to be laboring under such disease in The City, shall fail, within twelve hours, to inform the Mayor or an officer of the Board of Health thereof, shall be fined fifty dollars. 22. If any person shall disinter, or remove from any erave or vault, without proper authority, any human dead body, interred or deposited therein, or shall receive FINES AND MISDEMEANORS. such body knowing it to have been so removed or disin- terred, he shall be fined fifty dollars. Any Sexton or other City officer who shall, without proper authority and consent of the friends of the deceased, permit any human dead body to be taken from its interment, or shall participate directly or indirectly in keeping from interment any such body brought to a graveyard or any cemetery for interment, shall be fined fifty dollars; and any sexton of a cemetery or graveyard shall be fined a like sum for suffering such body to be kept from its proper interment. And all officers, for either of the above offenses, shall be removed from office. When a dead human body is landed in The City from a steam- boat or other vessel, the master thereof shall cause the same to be decently buried and shall pay the expense thereof; and on his failure to do so, the master or person in charge, or any owner of such steamboat or other vessel Shall be liable to a fine of not less than twenty nor more than a hundred dollars. 23. Whoever shall be guilty of any disorderly conduct in The City of Louisville shall be fined not less than five nor more than twenty dollars. 24. The owner or possessor of any bitch-dog who shall permit her, when proud or rutting, to run at large, shall be fined ten dollars. 25. Whenever injury shall be justly feared as likely to result from hydrophobia, the Mayor shall publish his proclamation, requiring all persons owning or having dogs to confine them to their premises for a prescribed time;! and any person who shall omit to secure any dog owned or harbored by him, or shall allow such dog to escape or go from his premises, shall be fined twenty 1An ordinance of the town of Lagrange, directing the marshal to take into his possession hogs running at large in the town, and sell them without notice to the owner, was unauthorized and unconstitutional, inasmuch as it deprived the citizen of property without process from some judicial authority. —Varden v. Mount, 78 Ky., 86. Ordinance, approved Apr. 4, 1870. Ordinance, approved Oct. 26, 1853. Ordinance, approved Nov. 17; 1858. 278 Ordinance, approved Jan. 29, 1859. Ordinance, approved Mar. 26, 1870. Ordinance, approved Sept. 17, 1870. FINES AND MISDEMEANORS. dollars. During that time, any dog found at large shall be forthwith killed and removed under the direction of the Marshal, with the aid of the watchmen, and of such other persons in each ward as the Marshal may employ to assist in effecting the said object without the use of fire-arms, as far as that may be practicable. 26. If any person shall, within the limits of said City, harbor or keep any animal of the dog kind that shall bite or fiercely attack any person whatever, such animal at the time of said biting or attack not being within the owner’s inclosure, such person so harboring or keeping said animal shall, on conviction thereof before the City Court, be fined in any sum not exceeding one hundred dol- lars; and, if any person so convicted shall continue to harbor or keep said animal within the limits of said City, and said animal shall again bite or fiercely attack any person in the manner aforesaid, the person so harboring or keeping said animal shall, on conviction thereof, be fined a like sum, and on any like convictions shall, from time to time, be fined in like manner, provided that this action shall not extend to a case where the person shall break or enter without permission into any inclosure, and shall be pursued therefrom by any such animal. If the owner shall suffer or permit on his lot or premises the loud and frequent or continued barking, howling, or yelp- ing of any animal of the dog kind, so as to annoy and disturb any neighbors, such owner shall, on conviction, be fined in any sum not exceeding ten dollars. 27. Whoever shall be found guilty of drunkenness in The City of Louisville shall be fined not less than five nor more than twenty dollars. 28. Any person who shall in any way wantonly injure or kill any English sparrows, or disturb or destroy their nests, or in any way molest them, shall be fined not less than five nor more than ten dollars for each and every such offense. If the person violating this ordinance be an adult and unable to pay the fine, he shall be committed to the Workhouse for three days; if a minor, he shall be FINES AND MISDEMEANORS. committed to the House of Refuge till relatives or friends pay the fine, not exceeding five days for each offense. 29. Any person who shall expose his person indecently, or cause any person to do so within the City limits, shall be fined twenty dollars for each offense. 30. Any person who shall ride or drivea horse or other animal in a street or alley, at a rate faster than five miles an hour; or when turning a street corner shall ride or drive otherwise than in a walk, or shall drive any vehicle which is not on springs, at a gait other than a walk, over any of the streets or alleys, shall be fined five dolars. 31. No person shall drive a horse or other animal attached toa dray or any vehicle without springs at a gait faster than a walk, within the bounds of Twelfth and Wenzel streets, and Breckenridge and the river. Should the driver of any dray or other vehicle without springs be convicted of a violation of either the pro- visions of this ordinance, a fine of five dollars shall be im- posed on said driver; and in the event that said driver is not the owner of the dray or other vehicle driven con- trary to the provisions of this ordinance, an additional fine in the same amount shall be imposed on the owner thereof. 32. If any person shall put or Keep hay, straw, or fodder, or grain in sheaf, stack or pile, within one hun- dred yards of any half acre lot, or in a dwelling house where fire is used; or shall use a light in a stable, except in a tin or glass lantern, he shall pay a fine of twenty dollars. But this does not apply to keeping provender in a stable or warehouse, nor to fixed gas lights. 33. If any person shall hinder, or delay, or obstruct any fireman in the discharge of his duties during a time of fire, or alarm of fire, or shall at any time deface, break, injure, tread upon, or ride or drive over or upon any hose or other apparatus belonging to or used by a fire company, he shall be fined ten dollars. Ordinance, approved Oct. 17, 1853. Ordinance, approved Oct. 26, 18538. Ordinance, approved July 9, 1859. Ordinance, approved Oct. 31, 1851. Ordinance, approved Oct. 29, 1853. 280 FINES AND MISDEMEANORS. Ordinance, approved Oct. 31, 1853. Ordinance; approved Oct. 31, 18533 Ordinance, approved Oct. 31, 1853. 34. Each Street Inspector may enter any building or lot between sunrise and sunset of any day, except Sunday, for the purpose of examining fire places, hearths, chimneys, stoves, stove-pipes, ovens, boilers, kettles, or other apparatus or fixtures, which may be dangerous in causing or promoting fires, and should danger of the occurrence of fire appear, he may direct the owner or occupant to remove, alter, or amend the same in such manner and within such time as he may deem just. Any person who shall resist or obstruct the entrance of the Inspector into any premises as aforesaid, or who shall fail to comply within a reasonable time with his direc- tions, given as above authorized, shall be fined twenty dollars, and shall also pay a fine of ten dollars for each day during which such direction shall remain uncomplied with. 39. Hearths shall be built on cast-iron, stone, or brick arches, where the back. of the fire-place exceeds three feet in width, the hearth shall extend at least twenty inches in front of the jambs, and when the fire- place is of less width than three feet the hearth shall extend not less than sixteen inches in front of the jambs. ? b) FINES AND .MISDEMEANORS. 283 or turn loose one that is bridled or saddled, or who shall, in a street or open lot, put a stud horse or ass to a mare, or use one as a teaser, or permit such animals to be so put in a street or open lot, shall be fined ten dollars. 44, Any person who shall beat or otherwise injure or misuse a horse or other animal in an immoderate, cruel, or unnecessary degree, or who shall leave, or cause to be left, any wounded, maimed, diseased, or worn out horse or mule, on any street, alley, lot, or on the commons, to die a lingering death, shall, for each offense, be fined not exceeding fifty dollars. 45. The General Council of The City of Louisville shall have power to pass ordinances to prohibit the storing or keeping within the City limits, except in such quantities and manner, and under such terms and regu- lations as may be prescribed by ordinance, articles as follows, viz: Camphene, petroleum, rock and earth oils, benzole, benzine, naphtha, uninspected oils, and any other articles of an inflammable or offensive nature, or which would endanger property or health, or be offensive or uncomfortable to the public or those residing or doing business in the neighborhood; and shall have power to provide for the removal of such articles from within the City limits at the cost of the owners of said property, upon which a lien is hereby created for the cost of such removal. And said General Council shall have power to impose fines to any amount to enforce a compliance with the provisions of any ordinance passed, as permitted by this act. ? 46. No person shall retail gunpowder to minors under fifteen years of age, or free colored persons, without authority from his parent or guardian, or to slaves with- out authority from the master. Any person doing so in either case shall be fined twenty dollars. *As to whether a powder-house is per se an abatable nuisance, see * Dumesnil v. Dupont, 18 B. Mon., 800. Ordinance, approved Aug. 25, 1867. an’ act to amend the charter of The City of Louis- ville. Ap- proved March 4, 1865. Ordinance, approved Oct. 17, 1858. 284 Ordinance, approved Oct. 31, 1853. Ordinance, approved July 13, 1861. Ordinance, approved Nov. 19, 1872: FINES AND MISDEMEANORS. 47. Any person who shall boil pitch, tar, rosin, varnish, or other inflammable substance, except to be done in vessels built into furnaces of brick or stone, and in an open place at least thirty feet from any fence, shed, or house, or else in a fire-proof house, shall be fined fifty dollars. The furnaces for the above purposes, that are or may be in the district bounded by Twelfth, Water, Campbell and Prather streets, shall have chimneys not less than forty feet high, with flues that shall carry off all the gases emitted in boiling. Any person who shall, in said district, keep a furnace for that purpose, without the above required chimneys and flues, shall be fined not less than five dollars, nor more than twenty dollars for each day. 48. No one shall manufacture gunpowder or any other explosive substance used in fire-arms, within the limits of The City of Louisville, and if any one shall within said limits manufacture gunpowder or other explosive substance, he shall forfeit and pay not less than fifty nor more than one hundred dollars for each day he shall so manufacture the same. All such manufacturing estab- lishments shall be abated and removed in the same man- ner and by the some proceedings as other nuisances. It is understood that this ordinance shall not conflict with the manufacture or use of such chemicals heretofore manutactured in this City. 49. No person shall erect, use, or occupy as a powder- magazine any house located within two hundred yards of any other building, nor then unless the house be fire-proof and fully protected from lightning, and inclosed within a fence at least twelve feet high, under a penalty of not less than fifty nor more than five hundred dollars. No person shall have in one house or place other than a powder maga- zine a quantity of gunpowder exceeding twenty-eight pounds, and not more than six and a quarter pounds in any one parcel, under a penalty of fifty dollars: Provided, that kegs of powder for sale or shipment may be kept in FINES AND MISDEMEANORS. 28) store or elsewhere in The City during the day from dawn to sunset only. 50. Persons guilty of petty larceny shall be punished by confinement in the City Workhouse not exceeding three months, and fined any sum not exceeding fifty dollars. 51. If any person shall knowingly sell in any market- house, or the spaces connected therewith, anything for a greater than the true weight or measure thereof, he shall be fined not less than five nor more than twenty dollars for each offense. 52. It shall be the duty of the Market Master and of the police of The City to arrest all persons who shall be guilty of any disorderly conduct by the use of vulgar or profane language, by fighting or quarreling in the market- houses or market spaces, or by obstructing the regular course of business for which the markets were designed; and all persons so offending and thus arrested shall, upon conviction, be fined not less than ten nor more than fifty dollars. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. 03. If any factory, tan-yard, brewery, distillery, or other establishment shall be created or continued so as to cause a nuisance to any person or to the public, the owner or occupant of the premises from which the nuisance proceeds shall be fined ten dollars for each day it con- tinues. ® 04, No establishment for making coal-oil, grease, glue, refining of petroleum, or the manufacture of coal-oil or soap-grease, shall be erected within the limits of The City ’ If the owner of real estate suffer a nuisance to be created or continued by another on or adjacent to his premises, in the prosecution of a business for his benefit, when he has the power to prevent or abate the nuisance, he is liable for an injury resulting thereform to third persons.— Matheny v. Wolffs, 2 Duv., 137. Certain pens in Covington, wherein were kept horses, mules, cattle, and hogs, were held to be nuisances notwithstanding said pens Ordinance, approved Mar. 25, 1871. Ordinance, approved Novy. 14, 1853. Ordinance, approved July 18, 1863. Ordinance, approved Noy. 14, 1853. Ordinance, approved June 18, 1870. 286 Ordinance, approved Aug. TOLL FINES AND MISDEMEANORS. except under express permission of the General Council; and such permission shall not be granted unless it be ap- plied for in writing, setting forth the nature and objects of the proposed establishment, and signed by a majority of the persons owning property, as well as of those residing, on the square on which it is proposed to be erected. If any such establishment be erected and conducted without such permission, and within the district or boundary named in the first section of this ordinance, and so as to cause any unwholeseme or offensive matter or odor, the owner or occupant of such establishment shall be fined not less than fifty nor more than one hundred dollars for each day said establishment is continued as aforesaid. 99. Any vacant lot or lots containing stagnant water or had been continuously kept for the purpose for thirty years; the pursuit of a noxious trade is lawful only so long as it does not interfere with the rights of the public and when such interference occurs no length of time can sanctify it as its exercise is a daily renewal of the offense—Ashbrook v. Yommonwealth, 1 Bush, 139. The rule is settled that offensive odors and smells of a loathsome trade, if detrimental to the comfort of those dwelling around and to passers-by, are a nuisance, and may be abated, although not actually producing disease—Jb. The court will not interfere by injunction when the nuisance sought to be abated or restrained is eventual or contin- gent, nor where the evidence is conflicting, and the injury to the public or to the individua! complaining doubtful.— Hahn and Harris v. Thornburg et al., 7 Bush, 403. Private individuals seeking relief against a public nuisance must show that they suffer an injury distinct from that suffered by the general public, and that the injury is one that the public, in the promotion of the general interest, has not the right to inflict upon them without compensation, —Cosby and others v. O. § R. R. R. Co., 10 Bush, 288. Where a nuisance causes substantial injury to the dwellings around it, and affects the health of the residents, the chancellor will interfere by injunction to abate it, but a clear case must be shown to authorize it.—Lowisville Coffin Co. v. Warren and others, 78 IKy., 400. In this case the Court of Appeals laid down a general principle, as follows: “One living in a city must necessarily submit to the annoyances which are incidental to a city life. It must be recollected that manufacturing establishments are necessary and indispensable to the growth and prosperity of every city, and while the cleanliness and beauty of that part of a city adorned by costly edifices may be marred by the erection of. the foundery or the machine shop, and the comforts of life to some extent interfered with by the hum and noise of machinery, still the manufacturing interest upon which its prosperity depends requires protection, and individual comfort must yield to the public good.” Neither The City of Louisville nor the State of Kentucky can license a private nuisance, or take or encroach on ~ hag FINES AND MISDEMEANORS. other matter or substance deleterious to health shall, upon the petition of two thirds of the property-owners, renters, or residents upon the fourth of the square or block in which said stagnant water or other matter or substance deleteri- ous to health exists or is located, be removed or abated, under the direction of the City Engineer, at the cost of the owner or owners of said lot or lots of ground contain- ing said nuisance as aforesaid. The City Engineer shall give the owner or agent of said lot or lots containing said nuisance three days’ notice for the abatement of same under his directions; and if the said owner or agent fail to abate the same as notified, then the City Engineer shall at once abate the same, the cost thereof recoverable from the said owner or owners or agent, or assessed upon private property without the owner’s consent or payment of his damages; nor can either government appropriate any street to any use to which it was not originally dedicated, without the consent of all those who have individual rights of property or franchises in the street or its uses. But the fact that a new use is made of the street, not inconsistent with its original purposes, will not entitle the owners or tenants of adjoining lots to compensation or to an injunction to prevent such new uses. The owners of lots in cities and towns purchase them subject to all advantages and disadvantages from changes occurring in trade, travel, transportation, e¢c., and a railroad in Louisville having been authorized by the legislature and the municipal goy- ernment, and being an improvement in many respects advantageous to The City and general public, and destructive of the private rights, special privi- leges, and franchises of no one, it can not be deemed a nuisance.—Lexington and Ohio Railroad Co. v. Applegate et al.,S Dana, 289. The keeping of a bawdy house being a public offense, every person who voluntarily aids in establishing a bawdy house should be deemed guilty of a misdemeanor.— Ross v. Commonwealth, 2 B. Mon., 417. The mere renting to another a house to be kept as a bawdy house is no offense unless it be so kept, nor is the act of selling a house to a known bawd an indictable offense-—Jb, The owner of a house may be legally responsible for a criminal use made of his house with his knowledge and consent, and especially to his profit—Ib. The facts that a lessor knew that the lessee was a bawd, that she did use his house with his knowledge and apparent concurrence as a public house of prostitu- tion, and that he derived ample profit for its occupancy, may authorize a jury to find the fact that it was the purpose of the lessor that the tenement should be used as a bawdy house, and that he was co-operator in the unlawful use made by the lessee——Jb. But one who rents a house which is during the time of the lease used as a bawdy house is not responsible, unless it was rented with a knowledge of the purpose for which it is used.—Frederick v. Com- “monwealth, 4 B. Mon., 7. 287 FINES AND MISDEMEANORS. Ordinance, approved Oct. 21, 1875. Ordinance, approved Dec. 2, 1858. Ordinance, approved Nov. 14, 1853. the property containing the said nuisance as aforesaid; the same, with all the cost incident thereto, recoverable in the City Court. 56. It shall be unlawful for any person to collect within the limits of this City any green, raw, or undried bones, whereby the air is rendered offensive or noxious. It shall be unlawful for any person to manufacture bone- dust or crush or grind bones whereby the air is rendered offensive or noxious within the limits of The City of Louisville. Any person violating any of the provisions of this ordinance shall be fined not less than twenty nor more than one hundred dollars for each offense. 97. It shall be unlawful for any person to place or cause obstructions in the Ohio river within the limits of said City, without permission first obtained from the Wharfmaster or General Council, and when such per- mission shall have been obtained, or there shall be any obstruction without permission, it shall be the duty of the person so placing or causing such obstruction, to remove the same at any time he may be required to do so by the Wharfmaster of the General Council. Any person failing to comply with the provisions of this ordi- nance, shall be fined not less than five nor more than fifty dollars for each twenty-four hours said obstruction shall remain. 98. When any pauper or sick person in destitute cir- cumstances shall be landed in The City from any steamboat or other vessel, the master or person in charge thereof shall immediately cause such person to be conveyed to and placed in some suitable and comfortable house, and shall also report the name and description of such person to the Mayor, and pay to the Treasurer to the credit of the fund for the support of the poor at least ten dollars for each such person so landed. If these things be not done at the landing of such person, the master and owners of such steamboat or other vessel shall be fined not less than twenty dollars, nor more than one hundred dollars, for FINES AND MISDEMEANORS. each person so landed. The same penalties apply to all persons who may in any mode bring into The City any such pauper or sick person in destitute circumstances, and fail to report and provide for him as above required. 59. No privy shall be built without a vault at least twelve nor more than thirty feet deep, atid walled with hard brick; nor shall any part of the contents of any privy-vault be removed except by its being taken out of The City, or into the current of the river, in the night- time. Each privy shall be kept in proper condition at all times; and from the first of April till the last of October, shall be well sprinkled with lime at least twice in each month. Any owner or occupant of premises, on which any of the above regulations shall not be complied with, shall be fined ten dollars for each offense. 60. It shall be unlawful for any one to convey or have conveyed any part of the contents of any privy-vault, or other vault containing offensive matter, through or along any of the streets or alleys of The City, and deposit or with a view of depositing the same at any place outside of the City limits near enough thereto to be offensive to any one within the City limits. It shall be unlawful for any one to deposit or have deposited any part of the contents of any such vault as described in the first Section at any place within the City limits, except in the current of the Ohio River. It shall be unlawful for any one to convey or have conveyed any part of the contents of any such vault as described in the first Section along any of the streets or alleys of The City, except in water-tight carts or vehicles, and between the hours of ten and four o’ clock at night: Provided, however, that the contents of any such vault as described in the first Section hereof may be removed at any time in inclosed water-tight carts, if the contents of such vault, before being removed, are first disinfected and deodorized; and after being thus rendered free from offensive smell, to the full satisfaction of the Board of Health, may be removed from such vault and deposited in such place or places as may be petitioned 19 289 Ordinance, approved Nov. 5, 1853. Ordinance, approved May 18, 1872. 290 FINES AND MISDEMEANORS. Ordinance, approved Nov. TPetsoa: Ordinance, approved . Oct, 1 (M853. Ordinance, approved Oct. 17, 1853. Ordinance, approved May 28, 1870. for by all of the property-owners and residents within fifteen hundred feet of the proposed place of deposit, and not otherwise. Whoever shall violate any of the provisions of this ordinance shall be fined for each offense not less than ten nor more than one hundred dolars. 61. Any person who shall injure, damage, befoul, or deface the Courthouse or Jail, or a market-house, hos- pital, university, college, seminary, or school-house, church, or place of public worship, or any property, fur- niture, fixture, fence, or inclosure pertaining to either, or any tree, shrub, or plant on public ground, or any box or plant thereon, or any public pump, post, or other pub- lic property, shall be fined not less than two nor more than five dollars for each offense. 62., Any person who shall, without legal authority, dig, break, displace, or injure any pavement, curbing, or other work on a street, wharf, alley, or sidewalk, shall be fined five dollars. 63. Any person who shall dig or take any sand, gravel, or earth from any street without the permission of the Council, shall be fined five dollars for each cart-load of earth, sand, or gravel [taken] without such leave. 64. Within ten days from and after the passage of this ordinance no person or persons shall throw or lay any ashes, offal, vegetables, garbage, cinders, shells, straw, shavings, glass, dirt, old hoops, or rubbish of any kind whatever, nor allow any noxious or impure liquid to run or flow into or upon any paved street, alley, or public place in The City of Louisville. But all garbage, vege- tables, and noxious and impure liquids and offal shall be placed in a water-tight vessel or vessels, and all ashes, shells, cinders, dirt, and rubbish of every kind shall be placed in a vessel or vessels; and all such vessels, whether of ashes, e¢c., or garbage, etc., shall be kept in a con- venient place for removal by the party or parties authorized by The City to remove them. Any person maliciously turning over or upsetting any tub, box, FINES AND MISDEMEANORS. 291 bucket, half-barrel, or other vessel as aforesaid, thereby spilling the contents or any portion of them on any street, alley, or public place, shall on conviction thereof be fined as provided for in Section 3 of this ordtnance. All boxes or other receptacles provided for in the pre- ceeding section shall be placed, between the hours of sunrise and ten o'clock A. M., at such time as may be fixed by the party whose duty it is to remove the same, in front of the property of the resident thereof; on Mondays, Wednesdays, and Fridays on all paved streets and alleys running north and south; on Tuesdays, Thurs. days and Saturdays on all paved streets and alleys running east and west; and upon all the street sidewalks or upon the alleys, as the case may be. If upon the sidewalk, they shall be placed within one foot of the curbstone thereof; and all such boxes or other receptacles shall be removed within one hour ‘after they shall have been emptied, as provided for in this ordinance; and the same, though they should not have been previously emptied, shall not be allowed to remain upon any street, alley or public place after the hour of ten o’clock A. M. The violation of any of the provisions of this ordinance shall be a misdemeanor, and shall be punishable by a fine of not less than one nor more than ten dollars. 65. It shall be unlawful for any street-railway car to be hauled or moved on any of the public ways of said City other than on the regular rails and tracks of said railway company. And when, from unavoidable acci- dent, a car is thrown from the tract it shall be the duty of said railway company to cause the same to be lifted back on to the railway track. Any company or person violating the provision of the first Section hereof shall be fined for each offense not less than five nor more than ten dollars. 66. Any person or persons who shall obstruct or en- cumber any street, sidewalk or street-crossing, or other public place of The City, by lounging or loitering in or about the same after having been requested to move on Ordinance, approved Sept. SUSAR AI. Ordinance, approved Sept. 22, 1883. 292 Ordinance, approved June UT, Stee Ordinance, approved May 31, 1875. Ordinance, approved 31, 1853. Oct. FIN#S AND MISDEMEANORS. by any police officer, shall be subject to a fine of five dollars for each ofiense. 67. It shall be unlawful for any person to be or remain on any step of any street-car while said car is in motion on any of the streets of The City of Louisville. Any person found violating the provisions of Section 1 of this ordinance shall be fined two dollars for each offense. 68. It shall be unlawful for any person or persons to injure, damage, or destroy, either by barking, peeling, chipping, bending, or in any manner disturbing the healthy growth or thrift of any of the shade-trees along or upon any of the sidewalks, streets, or public ways of The City, or in any way to injure, damage, destroy, or pull down any box or guards placed around said trees for their protection. Any person or persons violating the provisions of this ordinance shall be fined not less than five nor more than twenty dollars: Provided, that this ordinance shall not prevent the owner or owners from trimming or removing shade-trees at ‘their pleasure. It shall be the duty of the police force of The City to rigidly bring to justice every offender or violator of this ordi- nance. 69. No animal shall be slaughtered except in a house or place which is paved on solid earth with brick or stone pave- ment, descending so as to convey the blood or offal to a tub, which shall be emptied, washed, and the place cleansed at the end of each day of killing, or in a house or place equally well guarded against collecting filth or offensive matter, under a penalty of ten dollars for each offense. Slaughter-houses shall be whitewashed at least once a month between the first days of April and Novem- ber, every year, and any occupant thereof failing so to do in any month as above required, shall be fined twenty dollars. 4 4A owned a slaughter-house which he had been working as such for twenty years, when five neighbors brought an action against him for a nuisance and asked an injunction. Held, that an indictment is the proper ee ee Ee eee OE a —s Eee eee lee FINES AND MISDEMEANORS. 293 70. From and after the passage of this ordinance and its approval by the Mayor, that any plumber or other person engaged in laying gas or water pipes in the streets of The City, shall, before commencing such work, enter into bond before the Mayor, in the sum of one thousand dollars, with good and sufficient security, that they will leave the streets in as good repair as when they found them. Any plumber or other person excavating the streets for the purposes indicated in the first Section of this ordinance, before executing bond as provided, shall be fined not less than fifty dollars for each offense, recoverable as other fines are collected before the police court; and in case such persons do not properly repair the streets after such work, after having been notified by the Mayor, they shall be fined ten dollars for each day after such notification. 71. Any person who shall buy, or sell, or manufacture anything on the Christian Sabbath day, shall be fined not less than five dollars nor more than one hundred dollars, and shall be taxed an attorney’s fee, as in case of misde- meanors: Provided, that this does not apply to tavern keepers and apothecaries in their business as such, nor to such persons as do, in good faith, observe some other day of the week as a Sabbath, and refrain from buying, or selling or manufacturing on such day. 72. No person shall hereafter sell, buy, or weigh cattle, hogs, or sheep in The City of Louisville on the Christian Sabbath day, and on conviction thereof, such person shall be fined ten dollars and costs of suit by the City Court of said City. The proceedings against such persons shall be by warrant. But this ordinance shall remedy for a common nuisance, and an individual is entitled to an injunction only when he shows special injury; yet the fact that the injury complained of was common to the five plaintiffs did not make it a public nuisance.— Seifried v. Hays and others, Decided by the Court of Appeals, November 1, 1883. The fact that the nuisance was originally built remote from human habita- tion, and plaintiffs have since put up their dwellings, is no defense in an action seeking to enjoin the further continuance of a nuisance.—Jb. Ordinanee, approved June 30, 1863. Ordinanee, approved Nov. 5, 1853. Ordinance approved Dec. 31, 1858. 294 ==! Ordinance, approved May 9, 1882. Ordinance, _ approved June 19, 1882. Ordinance, approved Oct. 26, 1858. Ordinance, approved Dec. LYsisop: Ordinance, approved June 20, 1857. FINES AND MISDEMEANORS. not apply to or affect any person who conscientiously observes as the Sabbath day any other day of the week. 73. It is hereby made unlawful for any person other thana member of the regular police force of said City, Marshal of the City Court, and his deputies, at any time to wear a ‘‘star’’ or any imitation thereof. Any person Violating the provisions of this ordinance shall be deemed culty of a misdemeanor, and shall be fined ten dollars for each offense. 74, All persons able of body to work and not having es- tate or means otherwise to maintain themselves, who refuse or neglect to do so, live a dissolute, vagrant life, and exer- cise no ordinary calling or lawful business sufficient to gain an honest livelihood, shall be deemed guilty of vagrancy and shall be arrested, and upon conviction thereof be fined twenty dollars. 70. If any driver of a vehicle shall be more than ten feet from the horses or other animals harnessed in the vehicle then under his charge, or shall crack a whip or make other noise calculated to frighten such animal in harness, or shall stand with other drivers in numbers, so as to obstruct free passage on sidewalk or street, or shall stand his vehicle near a tavern or railroad depot, so as to prevent free access thereto by other person or vehicle, or shall so drive as to endanger life or limb of any person, he shall be fined ten dollars. 76. All drivers of teams and vehicles in The City of Louisville, who shall be found out of the reach of the reins attached to said teams and vehicles when in motion, shall be fined not less than ten dollars nor more than twenty dollars, and the fines collected be placed to the credit of the public school fund. 77. Authority is hereby given to the collector or other person in charge of the ferry-boats passing from Louis- ville to Jeffersonville, to reguate and control the wagons, drays, and other vehicles, as to the time and manner of going on and off the said boats, and the place and posi- FINES AND MISDEMEANORS. 995 tion they shall occupy whilst on said boats. It shall not be lawful for wagons, drays, or other vehicles to so crowd together on the wharf of said City, near said ferry land- ing, as to obstruct the passage to and from the landing of said boats; and any person who shall so obstruct the said passage, or shall refuse to take the position on said boats assigned by the said collector or other person in charge, or shall refuse to be controlled by him as ‘to the time and manner of going on and off said boats, shall be liable to a fine of not less than five dollars nor more than ten dollars, and costs of prosecution. 78. Any person or persons who shall, within the City limits, willfully and unlawfully waste or use, or permit to be unlawfully wasted or used, the water of the Louis- ville Water Company, shall, for each offense, be fined not less than five dollars nor more than twenty dollars; and it is hereby made the duty of the policemen of The City to give information to the proper authorities against all persons known to them to have violated the provisions of this ordinance, and to furnish the names of such witnesses as they may know, or may have reason to believe can prove the truth of the charge, and to use their best exertions to have a speedy, full, and impartial investigation on the prosecution for the alleged offense. 79. It shall be unlawful to throw or deposit any article or substance whatever in the reservoirs, or either of them, or do anything, or be guilty of any act that willin any way affect the quality or purity of the water in said reser- voirs, or either of them. It shall be unlawful for any person to deface or injure any of the buildings, ma- chinery, shrubbery, fencing, or other improvements or property of the Louisville Water Company on the lands of said Company, or any of the plugs, hydrants, key- boxes, or service attachments of said Company upon the streets, alleys, or public ways of The City. It shall be unlawful for any visitor to walk, ride, or drive on or through the grounds of said Water Company except upon the ways provided for such use, and then only sub- Ordinance, approved May 24, 1865. Ordinance, approved June 25, 1884. 296 FINES AND MISDEMEANORS. ject to the rules established by said Water Company. Any person guilty of violating any of the provisions of this ordinance shall be fined not less than ten nor more than twenty dollars for each offense. BG= See CouRTS OF LAW— BUILDINGS— GENERAL CoUNCIL—HEALTH — INSPECTION, WEIGHTS, AND MErAsSuRES— LicENSE— MARKETS— POLICE —PuBLic WAYS— REGISTRATION — V EHICLES— WHARVES AND HARBORS. CHAPTER XXIV. FIRE. CO WAL EN I S:, _ 1. Authority for the establishment and maintenance of a Fire Depart- ment. 2. The Chief Engineer of the Fire Department; election and term of office, bond and oath. 3. Election by the Council. 4. Duties and salary of the Chief; his appointees and their qualifications. 5. The salary of the Chief regu- lated by legislative act. 6. The retirement of old and dis- abled firemen on half-pay. 7. Conditions of such retirements. 8. Provision restricted to those who do actual fire-service. 9. Pay-roll of retired members. 10. Duties of the Chief. 11. To be present at all fires and superintend the extinguishment thereof. 12. Clothed with police power in | matters relating to the Department; and may employ extra force of fire- men. 13. Residence of persons connected with the Department. 14. Monthly reports of the Chief; pay-roll. 15. Fire inspection. 16. Regulation of fire companies going to and from fires; and leaving The City. 17. Obedience to the Mayor and Council. 18. Time bells. 19. Of what the Department shall consist. 20. Organization and service of companies. 21. All members of the Department to give bond to The City. 22. Neglect of duty on the part of the Chief; removal; vacancy in office. 23. Regulation of Hook-and-ladder Companies. 24. Absence and interfering with elections as causes for dismissal of members. 25. General qualifications of mem- bers. 26. Horse-feed for the Department. 27. The selling and buying oft horses. 28. The Fire-alarm Telegraph, and the duties of the Chief in respect thereto; employes of this branch of the service. 29. The repair, hose, and harness shop. 30. The removal of employes for cause and their right of appeal. 31. Time of election of the Chief Engineer of the Fire Department. The charter 1, The General Council shall provide by ordinance for sp eae act DEVe WeCS the establishment and maintenance of a Fire Depart- et seg. 298 Ana CLT 0 amend an act entitled An act establishing a new charter for The Oity of Louisville, approved Mar. 38,1870. Ap- proved April 21 ASTS. The charter act of March 8, 1870. Sec. 1038. An act to amend Section 103 of an act entitled “An act establishing a new charter for The City of of Louisville, FIRE. ment, with such force and such organization thereof, and such apparatus, engines, and all things necessary for efficient service, and such buildings for the use of said Department as the General Council may deem sufficient; and provide against fires from defective fire-places, flues, chimneys, furnaces, or other causes, insecure walls and dangerous buildings of every kind. 2. At the first recular election for City officers provided for herein there shall be elected by the qualified voters of The City of Louisville a Chief Engineer for the Fire Department,! whose term of office shall be two years, and until his successor is elected and qualified, who shall give bond and surety and take such oath for the faithful and efficient performance of his duties as may be required by ordinance. 3. From and after the current term of the office of the present Chief Engineer of the Fire Department of The City of Louisville that official shall be elected by the General Council of said City upon a joint v/va-voce vote, and any law in conflict herewith is hereby repealed so far as it relates to this act. 4. The duties of the Chief Engineer shall be defined by ordinance, and the amount of his salary shall be not more than two thousand dollars per annwm.? The other employes of said Department shall be appointed by the Chief, subject to approval or rejection by the General Council; they shall be citizens of the United States, over twenty-one years of age,and shall each give bond and good surety for his competency and the faithful and efficient performance of his duties, which shall be fixed by ord1- nance and rules made by the Chief, not to conflict with any law or ordinance. 5. Section 103 of an act entitled ‘‘An act establishing a new charter for The City of Louisville,’ approved 1See the next succeeding Section. 2 See the next succeeding Section. FIRE. 299 March 8, 1870, is hereby so amended that the General Council of The City of Louisville shall have power, after the first day of January, 1877, to increase the salary of the Chief Engineer of the Fire Department to any sum in its discretion, not to exceed twenty-five hundred dollars per annum. 6. The General Council of The City of Louisville, or any other authority that may now or hereafter have control or management of the Louisville Fire Depart- ment, have full power and authority to retire on pay, amounting to one half the sum received as full pay at the time of retirement, any member of said Fire Depart- ment who may haye become unfitted for active service by reason of old age or permanent disability received by accident while in the discharge of duty. 7. No member of the Fire Department shall be entitled to the benefits of this act unless it can be clearly shown that the member applying for such benefit is permanently disabled, such disability was caused by accident while the party was free from the influence of intoxicating liquors, and had been for a period of twenty years next preceding his application for retirement an active mem- ber of the present Fire Department. 8. This act shall in no way apply to any employe of the Fire Department except those who do actual fire- service. 9. The salaries of all retired firemen shall be paid in monthly installments on the regular monthly pay-rolls of the Fire Department, under the head of ‘‘ retired member,’ and to be provided for out of the Fire De- partment. 10. The duties herein assigned shall be fully complied with by the Chief Engineer. 11. He shall be present at all fires when practicable, and see that a proper application is made of the means at his control for the extinguishment thereof. Approved Mar. 8, 1870. Ap- proved March 20, 1876. An act for the benefit of old and dis- abled firemen of The City of Towis ville. Approved Apr. 15, 1882. Ordinance, approved. July 15, 1878. 300 FIRE. 12. He is hereby clothed with full police authority in all matters relating to the Department, and should an oc- casion occur that those belonging to the department are not sufficient to check the progress of the fire, protect surrounding property, and maintain order, he may, for the time being, employ an additional force, and report the names of all persons thus employed to the General Council, to whom compensation may be allowed for such Services. 13. He shall require all persons connected with the De- partment to reside within a convenient distance of the engine-house of their respective companies (which may hereafter be connected with the Department). 14. It shall be the duty of the Chief Engineer to make a full and complete report to the first regular meeting of the General Council in each month of the persons on duty in the month ending with the day of report, in their respective capacities, the number of days each performed duty, the amount of pay due to each, and such other expenses as have been incurred during the month. Said report shall be made under oath. Upon the approval by the General Council of a report of the Chief Engineer, and allowance of pay and expenses upon the report, it shall be the duty of the Auditor to draw his warrant upon the Treasurer in favor of the parties named in said pay- roll for the full amount of the pay and expenses thus allowed, in accordance with Section 6 of an ordinance entitled ‘‘An ordinance prescribing the manner in which claims against The City of Louisville shall be made.” ® 15. He is hereby authorized, and it is made his duty, to visit any house, yard, or premises in The City wherein itis known or supposed that any character of fixtures exist which may be dangerous in causing or promoting fires, and on examination thereof should any such danger appear he shall direct, in writing, the owner, agent, or 8 See Chapter xiil., ate. FIRE. 301 occupant of the premises containing such fixtures to remove, alter, or amend the same in such manner and time as he may deem reasonable and just. 16. He shall not permit racing to or from fires, and if more than one company proceed on the same street to a fire they shall go in single file. No company shall leave The City to attend a fire ina neighboring town without the consent of the Chief, nor on an excursion unless by permission of the General Council. 17. He shall obey the orders of the Mayor and such regulations as may from time to time be adopted by the General Council. 18. He shall cause the bells to be rung at 7 A. M., 12 mM. 1P.M., 6 P. M., and at 10 P. M. 19. The Fire Department herein established shall con- sist of as many companies (whether of steam fire-engine, chemical engine, or hook-and-ladder companies) as the General Council may from time to time designate. 20. The companies for steam fire-engines shall consist of one captain, one engineer, one fireman, one pipeman, and two drivers, to be appointed by the Chief Engineer, with the approval of the General Council. All persons connected with the steam fire company shall be on per- manent duty at their respective engine-houses. 21. All members of the Department shall give bond, with good security, for their competency to perform the duties they assume, and that they will faithfully perform said duties and such duties as are or may be from time to time prescribed, said bonds to be executed to The City of Louisville, and to be approved by the General Council. * For injuries caused by the negligence of firemen, appointed and paid by The City, when engaged in the line of their duty, The City of Louisville, being required by law to establish and maintain a Fire Department, is not liable.-—Greenwood v. Louisville, 13 Bush, 226. FIRE. 22. For neglect of duty on the part of the Chief Engineer, charges may be preferred against him to the Board of Aldermen, in accordance with the provisions of Section 8 of the City charter, and if the charges are maintained, the said Board of Aldermen shall declare the office vacant. In the event of vacancy in the office of Chief Engineer from any cause prior to the expiration of the term for which he had been elected, the General Council shall fill the vacancy. 23. The hook-and-ladder companies shall consist of ohe captain, one driver, one steersman, one fuel-cart driver, and three laddermen, who shall be on permanent duty at the hook-and-ladder houses, and perform such duties as the Chief Engineer or his assistants may direct. The captains of the hook-and-ladder companies shall also act as assistants to the Chief in the discharge of his duties, and in case of fire, and in the absence of the Chief Engineer, the captain of the district in which the fire occurs shall assume and have full charge of the Depart- ment. The Chief of the Fire Department shall appoint six laddermen, who shall be on permanent duty, and they shall receive the aggregate amount heretofore paid the privates and hosemen, in monthly installments to each, according to the pay-roll, when approved by the General Council. The hook-and-ladder companies to be located: one at the engine-house on Market Street, between Seventh and Highth, the other on Hancock Street, be- tween Market and Jefferson, or at such other places as the General Council may direct. 24. Any officer or other member of the Department who shall have been absent from one fourth of the fires during the month shall be dismissed, unless such non- attendance has been caused by sickness of himself or family; and should any officer or member, or other per- sons employed in any capacity in the Fire Department, interfere with elections further than to vote, he shall be immediately dismissed by the Chief Engineer, and, on his failure to discharge such person, the Mayor shall pro- a - FIRE. ceed against said Chief Engineer as directed in Section 13 of this ordinance. ® 25, All persons belonging to the Fire’ Department shall be white citizens of the United States and qualified voters of The City of Louisville. 26. The Mayor and Joint Committee’on Fire Depart- ment shall advertise for proposals to furnish the Fire Department with horse-feed in quantities to last one or three months, such feed to be delivered as wanted by said Department, the said bids to be confirmed%by the General Council. 27. The Fire Department committee, or a majority of said committee and the Chief Engineer, shall have the power, and they are hereby vested with the authority for and in the name of The City, yet at all times subject to the approval of the Mayor, and at any time, and from time to time, as they may deem advisable, to sell and dis- pose of any horses belonging to the Department; also to buy horses for said Department, the proceeds of sale to be at once paid into the City treasury to the credit of the general fund. 28. The Chief of the Fire Department shall take charge of, superintend, control, protect, and preserve the fire- alarm telegraph, and see that the same is at all times kept in proper working order, and to make such rules and reg- ulations as in his judgment may be proper to be observed in the management, care, and working of the same. The employes of this branch of the Fire Department shall consist of three telegraph operators, one line-repairer, and one assistant line-repairer, who shall be appointed by the Chief and be subject to all the rules and regula- ‘tions governing other members of. the Department. | 29. The Chief of the Fire Department shall also ap- point a competent party to take charge of the repair, 5 Section 22, preceding. 308 304 Ordinance, approved Nov. 8, 1878. FIRE. hose, and harness shop, with not exceeding two assist- ants, who shall be subject to all the rules and regulations governing other employes of the Fire Department. 30. Any employe of the Fire Department may be re- moved by the Chief Engineer for incompetency, neglect of duty, or other satisfactory cause; but any employe so removed or dismissed may appeal to the Mayor and joint committee on Fire Department, and, if the action of the Chief Engineer be not sustained, they may restore him at once to his place. 31, The Chief Engineer of the Fire Department shall be elected by the General Council of said City in joint session on the first Thursday after the first Tuesday in December, 1873, and on that day every two years there- after; said officer to hold until his successor is elected and qualified. kes See AUDITOR — BUILDINGS — FINES AND MISDEMEANORS — OFFICES AND OFFICERS — PoLice — WATER. 5 en Be el ge Bl hd wa ONY GAS. COIN eka NG Loire 1. The Louisville Gas Company, chartered ; proviso. 2. Incorporation; corporate pow- 3. Capital stock. 4. Duties, rights, and privileges. 5. Extension to Portland. 6. Extensions in general. 7 . The laying of pipes, ete. Sa City lamps, cost, etc; charges to consumers. 9. Inspectors. 10. Penalties for disturbing the works. 11. Directors, president; elections, vacancies, etc. 12. Stock made personal estate; how transferred. 13. Proceedings of the board. 14. Misconduct of officers. 15. Compensation. 16. Report and forfeiture to the State. 17. Jurisdiction of forfeiture. 18. Taxation. 19. The City may purchase the works ; proviso. 20. Amendment. - 21. Second amendment. 22. Third amendment; option of holders of fractional shares. 23. When main-pipes shall be ex- tended. 24. Public lamps. 25. The City’s stock. 26. Exclusive franchise. 27. Alteration of charter; condi- tion. 2() 28. Fourth amendment; increase of stock. 29. Authority to purchase stock of other gas companies. 30. The City may sell its stock conditions. 31. Repealer; effect; concurrence of the Council. 32. New charter of April 30, 1884; reincorporation; limitation. 38. Corporate powers; stock, etc. 34. Power to manufacture and vend gas. 35. Rights and privileges; ability. 36. Capital stock. 37. Semi-annual statements. 38. Directors; president; elections. 39. Deferred elections. 40. Employment of agents. 41. Inspector; duties. 42. Proceedings of meetings. 43. Embezzlements; punishment. 44. Protection of the Company’s property; punishment. 45. The City’s option of purchase; sale of City’s stock. 46. The successor of the old Com- pany. 47. No exclusive rights or privi- leges; taxation. 48. Not to be consolidated. 49. The Citizens’ Gas-Light Com- pany incorporated; incorporators ; corporate powers, efe. 50. Capital stock. 51. Rights and privileges. 52. Rights as to public ways. 53. Stock declared to be personal estate. 306 GAS. 54. Directors, president; election, ete. 55, Officers and the affairs of the Company; compensation; dividends. 56. Service of legal process. 57. Power to issue bonds. 58. Protection of the Company’s property. 59. Prevention of frauds. 62. Amendment; increase of cap- ital stock; bonds. 63. May buy or hold stock in other gas companies. 64. Exempted from City taxation; proviso. 65. Expiration of the exemption. 66. Rights granted by the Council; An act to ex- tend the char- ter of the Louis- ville Gas Com- p2ny,.. Aw proved Jan. 30, 1867. conditions. 60. Inspector. 61. Effect of the act; limitation. 67. The City exempted from cer- tain liability. 1. The following charter is granted to the present Louis- ville Gas Company, to take effect at the expiration of the present charter, on the first day of January, 1869: Pro- vided, The City of Louisville does not exercise its privi- lege to purchase the same in accordance with the terms set forth in Article 18 of the present charter. 1 2. A company shall be, and is hereby incorporated, with a capital of fifteen hundred thousand dollars, to be divided into shares of fifty dollars each, to be owned by individuals, companies, and corporations; they and their successors and assigns shall be, and they are hereby, created a body politic and corporate, by the name and style of the Louisville Gas Company, and shall so con- 1The By-Laws adopted by the directors of the Louisville Gas Company, and in force July 1, 1884, are as follows: Article I. The office of the Company shall be open for ordinary business from eight o’clock a.M. to five o’clock p.m. from April 1st, to October Ist, and from nine o’clock A.M. to four o’clock p. M. from October 1st to April 1st every day in the year, except Sundays and legal holidays. Art. IT. There shall bea regular meeting of the stockholders of the Com- pany called for the first Monday in January of each year, at such time of that day, at the office of the Company, as the directors shall determine, for the election of directors, which election shall be conducted by judges chosen for that purpose by the existing board of directors. At such annual meeting there shall be elected five directors to manage the business of the Company for the ensuing year. Notice of the annual meeting for the election of directors shall be given by advertisement in one or more newspapers of Louisville for ten days previous to the day upon which the election is held. Art, IIT, Each board ot directors, at their first meeting, or as soon as practicable thereafter, shall elect a president, vice-president, and such other ; officers as may be deemed necessary. And at the same meeting the president GAS, tinue for twenty years from the first day of January, 1869; and by that name and style, under the restrictions hereafter prescribed, shall be capable to contract and be contracted with, sue and be sued, plead, answer, and defend, in all courts and elsewhere, as natural persons; and may have and use a common seal, and change, alter, and renew the same at pleasure; and may ordain and put in execution such by-laws, rules, and regulations, for the good government of said Company, and for the efficient management of its affairs and prudential con- cerns, as may be deemed expedient, not contrary to the constitution or laws of this State or of the United States. 3. The capital of fifteen hundred thousand dollars shall consist, first, of the stock of the present Louisville Gas Company, on the thirty-first of December, 1868, at par value; secondly, of the contingent fund and undivided profits that the same Company may own at the expiration shall appoint an executive committee, finance committee, and committee on works. Each of these shall consist of three members, and a majority thereof shall form a quorum capable of transacting business. The first named on each committeeshall be chairman of same. Art. IV. The duties of the executive committee shall be those of an advisory board to the president in all matters relating to the interest of the Company. Art. V. The duties of the finance committee shall be to aid the president in the financial management of the Company. Art. VI. The duties of the committee on works shall be to aid the president in all matters appertaining to the works. Art. VII. The president, vice-president, and members of committees shall hold their respective offices until their successors are elected and qualified. Art. VIII. The stated meetings of the board shall be held at the office ot the Company at four o’clock P.M. on the second Monday of each month in the year, and a majority of the directors shall be a quorum. Art. IX. The board shall, at least once in each year, employ one or more qualified experts to thoroughly examine and report as to the correctness and manner in which the books and accounts of the Company have been kept for the current year. Art. X. The president shall be, ex-officio, a member of every committee appointed by the board of directors. It shall be his duty to attend at the office of the Company to take charge; to preside at the meetings of the board of directors; to convene the board or committees whenever, in his opinion, the affairs of the Company require it, or upon the request of two or B07 308 GAS. of its present charter, said fund to be capitalized pro rata for the benefit of the present stockholders, except frac- tional parts of shares, which shall be paid in cash; and, thirdly, new stock may be issued and sold by the new Jompany when required, to the extent of the capital stock; the sales to be made at public auction, after ten days’ notice in the City papers. Should such stock be sold above its par value, such excess shall not be capital- ized or divided among the stockholders, but be employed in the first extensions made by the Company after the sale of said stock. 4. Said Company shall keep an office in The City of Louisville, and its business shall be to make and furnish gas to The City of Lonisville, and residents thereof, and vend the same; and said Company shall have the right to purchase and hold such real and personal property as may be necessary, proper, or convenient in the carrying on and transacting its said business. more members of the board; he shall sign all cheques and affix, or have affixed, the seal of the Company to, and sign all certificates of stock, contracts, etc. He shall have charge of the bonds of all of the officers of the Company, and at the first meeting of each successive board submit said bonds to the board for approval. He may, at his option, sue, settle, or compromise all accounts, allow or disallow claims, provided the amount does not at any one time exceed twenty-five dollars. He shall have general direction and supervision over the affairs of the Company, its officers and employes, with power of removal as to subordinate employes and suspension of heads of departments, consisting of treasurer, secretary, superintendent, assistant engineer and isnpector, and see the By-Laws strictly carried out. He shall have prepared a list of the names of the stockholders at least ten days prior to each annual election for the inspection of stockholders and their legal representatives, and shall at the proper time transmit to the Mayor a list of stockholders eligible as directors on the part of The City. He shall have prepared and lay before the board at the January and July meetings of each year, a full and accu- rate report and statement of the business of the Company for the previous six months, showing receipts and disbursements in detail, and exhibiting the indebtedness of every kind to and by the Company. Art. XI. The vice-president, during the absence, sickness, or disability of the president, is charged with and authorized to perform the duties of president. Art. XII. A treasurer shall be appointed by the board of directors, whose duty it shall be to receive, take charge of, and disburse the cash belonging to the Company. He shall deposit in the bank or banks designated by the 309 9. The Gas Company shall, within two years after this charter takes effect, be required to extend the gas distri- bution to Portland, and lay down street mains along the Portland Avenue to the intersection of Third and Fulton Streets, Portland; thence along Third Street to Commer- cial Street; thence north on Commercial Street to Water Street; thence down Water Street to Grove Street, includ- ing the erection of public lights. 6. The Company may extend the main pipes for dis- tributing the gas, when, in their judgment, it may seem fit; but shall not be bound to extend the same until the private and public lights required by the citizens will pay eight per cent. profit on the cost of the extension; and whenever an extension is required, the Company shall furnish the proper estimates; and when the sum required shall be subscribed, the Company shall be bound to make the extension until their capital stock is absorbed in the gas-works and extensions. board all cash in hands, each day, as nearly as practicable. The treasurer shall have charge also of all bills receivable and payable. He shall counter- sign all checks signed by the president, and no payment exceeding the sum of five dollars shall be made, except by check, provided this shall not apply to the payment of deposits and interest on deposits; and shall keep cash books and all necessary auxiliary books required in accounting for the re- -ceipts and disbursements of cash. He shall have charge of all vouchers, and shall prepare all pay-rolls and be responsible for the clerical accuracy of all accounts passing through his hands. It shall also be the duty of the treas- urer, in company with one or more of the finance committee, to detach, collect, and account for the coupons from the bonds belonging to the trust fund of The City, and any other bonds belonging to or in charge of the Com- pany deposited in the safety vault. He shall attend during the office hours, and longer if business requires. He shall give bond as required. An assist- ant treasurer may be appointed, who shall act in the absence of the treasurer, and give bond as required. Art. XIII. A secretary shall be appointed, whose duty it shall be to keep the general books of the Company, and have charge of all other matters appertaining to the general accounts of the Company and connected with the office He shall have charge of the stock books and accounts, the trans- ferring and canceling of old and issuing new certificates of stock, and counter- sign the same. He shall prepare the dividend lists for payment of dividends by the treasurer. He shall keep the books and accounts of the Company in such form and style as shall be indicated by the president and board of directors. He shall attend daily during office hours, and longer if business 310 GAS. 7. To enable the Company to construct, continue, and extend its gas-works, in The City of Louisville, it is au- thorized to continue the use of the pipes and conductors which may have been laid down; and, with the consent of - the City Council, to own and extend its pipes and conduc- tors through the other streets and alleys of said City; and for that purpose to take up the pavements and to replace the same; and shall be responsible to The City for any damage which may arise therefrom, or any unreasonable delay in replacing the same; and said Company shall be subject to the regulations of The City as to the streets and alleys, and to the same ordinances and penalties that individuals may be subject to; Provided, all extension of pipes and conductors shall be made with the consent of the General Council of The City. 8. The Gas Company shall put lamp-posts, fixtures, etc., along the street mains as they are extended, at a dis- tance apart of about two hundred feet, or as near that requires, and shall keep the records of the board of directors. An assistant secretary may be appointed, whose duty it shall be to act in the absence of the secretary. Art, XIV. A superintendent shall be appointed, who shall, under the control and direction of the president and engineer, have general charge of the works of the Company and all matters connected therewith. He shall have the works and apparatus kept in good repair. He shall, at the end of each month, make an accurate statement of material on hand and consumed during the month, and of all coke, tar, or other material delivered to indi- viduals or contractors, and such daily, and other reports as may be required. He shall keep at the works such books as may be required by the president and board of directors, and shall exercise an active and diligent supervision over all matters appertaining to the duties of superintendent, or with which he may be charged. Art. XV. An inspector shall be appointed, who shall, under the direction of the president and engineer, have charge of all matters appertaining to the distribution of gas, and also the management and care of street-lamps. He shall report as often as required the gas registered by the consumers’ meters. Heshall keep such books and accounts as may be required by the president and board, and shall exercise an active and diligent supervision over all matters appertaining to the duties of inspector, or with which he may be charged. Art. XVI. The directors may, whenever they see proper, appoint a gas engineer, with a suitable salary, to supervise all matters connected with the GAS. . 2 O11 distance as the dimensions of the square may admit, so as to make an equal distribution of the same; and when- ever there are street mains on both sides of the streets, the hghts are to be located so as to alternate, preserving the same distance, namely, about two hundred feet for the lamps on each side of the street. The Gas Company are to keep the lamps in order, to furnish gas, and light and extinguish the same, giving to each light an illumi- nating power of about twelve sperm candles; and the time of burning shall be from the close of twilight at evening until dawn of day in the morning, except on clear moonlight nights, or parts of nights, when the moon shines clear and bright, when the lights may be dispensed with; and shall charge and receive therefor from The City of Louisville only the actual cost thereof. These charges shall not exceed the average charges for similar work or service in the cities of Philadelphia, Baltimore, Cincin- nati, Chicago, and St. Louis, nor shall the price charged manufacture and distribution of gas. Both superintendent and inspector being subject to the engineer. Art. XVII. An assistant engineer shall be appointed, whose duties shall be to supervise, under the direction of the president and engineer, the con- struction, alteration, repair and maintenance of the works and property of the Company, and the manufacture and distribution of gas. Art. XVIII. A purchasing agent shall be appointed, whose duty it shall be to provide and purchase all materials required and to audit all bills and vouchers, and to indicate thereon the proper account to which they are chargeable, and to perform such other duties as may be required. The office of assistant engineer and purchasing agent may be combined if the board should see proper. Art, XIX. Upon the recommendation of the president, the board shall appoint such additional assistance to the clerical forces as may be required. The appointments referred to in the foregoing Sections shall be filled as vacancies arise in them by the board of directors. Art. XX. The offices of assistant secretary and assistant treasurer created by these by-laws may be combined in one and the same person. Art. XXI. Any amendment to these by-laws shall be considered at the meeting subsequent to the one in which it may be proposed, and the vote of two thirds of all the directors shall be required for its adoption. Terms to Consumers.—l. All applications for a supply ot gas must be made in person at the office of the Gas Company, the applicant signing the regulations and stating the probable number of burners that he may require. 2. The Company may require a deposit from each and every person sub- 312 GAS. other consumers of gas be greater than the average price of gas charged such consumers in said cities. 9. A gas inspector or inspectors shall be appointed, whose duty it shall be to examine into all supposed errors in the gas bills of consumers, and correct the same, when called upon by the consumer for that purpose. The man- ner of appointing and the remuneration of said inspector or inspectors is to be made in such manner as the City Council of Louisville and the Gas Company may agree upon. 10. If any person or persons shall willfully, by any means whatever, injure or destroy any part of. the gas- pipes or conductors, lamps, lamp-posts, burners, or any of their works, or fixtures, or machinery, all such persons: shall be bound to the Company for all damages sustained thereby, and may, furthermore, be liable, within two years after the commitment of the offense, and, upon convic- tion, shall be fined in any sum, at the discretion of the scribing for gas, to secure themselves against loss. The rate of deposit shall be as follows: Per Month. WOL'S DUPNOLB ss Ao cied-Sacesctn dod ootevspdacenson suatehen toe nens ia tonde tte enee Tete nes nee aaa cuers caaee cee nee $5 00 For, CO BvDUr ers yi socces sobs deossecs: vasacecewtorsnavtaetrs a tiecw hose aie etee cae ahr aon tar amnne men aeeee eee 10 00 For FtovlLOburnerswa ccc weccccecececencr eter en cate et Renee Sonne oecleaeeall coeanen oe eee eee 15 00 For: 11 to 5 Burners: sh7F der ke doer cosseutas ce tees on sears decevedesesten ine sd edseneiveds eecer .eccrecteenee sour tentes 25 00 For 16 to 20 burners...... «1 Biedae Reasedudeoteiteccestens cases peonectenbedsesecmes Veneto aacdoe ee eereen conaeeiine 30 00 For ZUG j20 PUED OLS wescecsanceccsea2 eoccucsesacenote cae Bsc icae vase seripoveceeteoncecesnteetecesiccadete eas 40 00 For 26 to 60 DUrMergce cians) ecitoeassve anna ccacdiccuiccoccissesessecsieecerddace sacceassececlcesooteanas et aaa 80 00 For’ Sito, LOO DUrMers iin. cecasode ceccse aceo'scen sodsssdseeveretocleve soltccssrpucsectine-cWssctcceeice st: eames em LOU LUD Interest will be allowed the consumer on the amount deposited. 3. Gas will be supplied by the meter or by special contract in writing, and should the meters be found defective they will be immediately changed, and in case of their ceasing to register the quantity of gas consumed, the account will be made by the average of another meter, or by the amount charged during a previous corresponding period. | 4. The service-pipe from the main toward the building to the extent of sixteen feet (when so much is required) will be laid, and the meter furnished by the Company, without cost to the consumer, except as provided in Section 5. 5. No meter will be set where there is not an anticipated consumption of more than one thousand cubic feet of gas per quarter without an extra charge for the use of the meter; and to secure the Company against loss for the use of the service-pipe and meters the rates of rental will be as follows, viz: A 3-light meter registering less than 1,000 feet per QUarteL...,..... cccecee ceeserecseeseesceereesd O 50 A 5-light meter registering less than 1,300 feet per quarter. .............ccssseccscccenseetecccoers 0 50 GAS. } jury, not exceeding one thousand dollars, or by imprison- ment in the City Workhouse, at hard labor, not exceed- ing five years; but this section shall not be held to change the law as to arson, or willfully burning the houses of the Company; Provided, that so much of this section as im- poses imprisonment shall not apply to infants. 11. The stockholders, exclusive of The City of Louis- ville, may elect five (5) directors, and the General Council of Louisville four (4) other directors, and these nine d1i- rectors shall choose from among themselves a president; and to said directors shall be intrusted the real and per- sonal estate, business, property, funds, and financial con- cerns of said Company, and the administration of its affairs. All the directors shall be stockholders to the amount of twenty shares each, in their own right, and, after their first election, shall have been stockholders not less than three months before the election at which they are chosen. They shall serve for one year, and until their A 10-light meter registering less than 1,500 feet per quarter..............ccecsecee. ceeceeseeeeeees $7 05 A 20-light meter registering less than 2,000 feet per quarter.............cccccccecesececeeeeeeneees 1 00 A 30-light meter registering less than 2,500 teet per quarter... 00... cece cette eee 1 50 6. All excesses of pipe over sixteen feet, the stop-cock which in all cases is required between the wall of the building and the meter, and the connec- tions, such as bends, turns, e¢c., must be paid for by the consumer. In all cases, however, where gas is required for short periods, or during only a portion of the year, such price for the whole service-pipe and rent for the meter will be charged as may be agreed upon between the parties. 7. The tubings and fittings for the conveyance of gas within the walls, after it has passed the meter, may be put up by any competent mechanic employed by the consumer or proprietor of the premises; subject, however, to the inspection and approval of the Company or their authorized agents, and no person except the authorized workman or agents of the Company will be allowed to make any connections or alterations between the main in the street and the meter. 8. All screws used in putting up gas tubing shall be made to such standard sizes as may be authorized by the Company, and no tubing shall be used except such as may be now or hereafter allowed by them; and all tubings and fittings shall be examined and approved by the Company, after being fitted, before gas will be supplied. 9. The Company reserve the right to determine where the meter shall be set in all premises, so as best to protect the same from injury or from the frost, and to render it accessible at all times for repairs or removal, and their 314 CAS, successors are chosen; and after the first election there shall be an annual election on the first Monday of Janu- ary in each year, of which notice shall be given for ten days in the newspapers printed in Louisville; and the City Council shall, at their first regular meeting after the first Monday in January, elect the four directors on the part of The City. The president and directors shall fill all vacancies that may arise in their body from death, res- ignation, removal from the City, or the failure to meet their engagements to the Company with promptness; and it shall be the duty of the other directors to declare the seat of a director vacant for that cause, or for a removal from the City. This, however, excepts those vacancies occurring among the directors appointed by The City, which vacancies are to be filled by the General Council of The City. Each share of stock in this Company shall entitle the owner to one vote; and no one individual, company, or corporation, other than The City of Louis- inspector shall at all times be in readiness to examine the apparatus and premises of applicants, free of charge, on receiving one day’s notice. 10. The authorized officers, unless otherwise ordered by the Company, shall introduce the gas into any premises within the range of the street mains whenever they shall be satisfied that the fittings are put up in their proper places, in a workmanlike manner, and are perfectly gas-tight, the applicant having complied with the other regulations of the Company. 11. The Company shall at all times, by their authorized agents, have the right of free access into the premises lighted with gas, for the purpose of examining the whole gas apparatus, or the removal of the meter and service-pipe. 12. No meter will be set to register gas which passes through any other meter, unless the extra meter and fittings are paid for by the consumer; and in all such cases the gas must be paid for by the party holding, and according to the registry of the first meter in the premises; and in no case will the Company be responsible for any imperfections in the said extra meter or fittings. 13. The tenant of any premises using gas shall give notice at the office of the Company when he is about to remove, that the gas may be stopped, or he will remain liable for any gas that may pass through the meter until such notice is given, when the bill will be made out to date and deposit returned, after deducting amount of the bill. The quantity of gas con- sumed will in all cases be ascertained in the manner prescribed in the third article of these rules. 14. In default of payment for gas consumed within ten days after the bill GAS. , 315 ville, shall hold more than two thousand shares of the stock, either directly or indirectly; and if any one shall purchase and hold more, except The City, he shall forfeit his dividends on such excess of stock to the Gas Com- pany. 12 Certificates of stock shall be issued to the holders thereof whenever the same shall be paid for, and stock in this Company shall be considered and pass as personal estate, and shall be transferable on the books of the Company, in such manner as the stockholders or presi- dent and directors, by their by-laws, prescribe; but no stock shall be transferable until all the debts and de- mands of the Company are discharged; and for all debts and demands the Company shall have a lien on the stock. On the second Monday in July and January in each year, the Company shall make a statement of the affairs of the Company, and furnish the same to the stockholders and is rendered, or in case of a leak or injury done to the meter or pipes within the premises of any consumer, the flow of gas shall be stopped until the bill is paid or the necessary repairs made. 15. When a meter has been removed or the gas shut off on account of the non-payment of gas or service bills, a charge of one dollar will be made for turning the gas on again or reconnecting the meter. 16. The price of gas shall be fixed from time to time, and a discount oft the whole dollars will be allowed on the amount of all bills for gas paid at the office of the Company within three .days after the date of the bill; say from the morning of the first day of the month to the afternoon of the fourth day of the month, for each district. As the discount is made to insure prompt payment, none will be allowed under any circumstances after the fourth day has elapsed. 17. The Company reserve to themselves the right at any time to cut off the communication of the service-pipe, if they shall find it necessary to do so, in order to protect the works against abuse or fraud, and in all cases where a change of tenants shall take place. 18. The Company may provide from time to time such further and other rules and regulations, under which the gas may be furnished to private consumers, as experience may suggest, and as the said Company may deem necessary. 19. Each consumer of gas shall be furnished with a copy of the foregoing rules on application at the office of the Company. It is advised that con- sumers give immediate notice at the office if any escape of gas be discovered, as no deduction will be made from the bills rendered for gas passing through O16 “GAS. to the City Council, at which time the semi-annuat divi- dend shall be declared. 13. The president and directors shall keep a record of their proceedings, which they shall produce to the stock- holders at the regular or called meeting, and to a com- mittee of the General Council, at any time during the business hours of the day, for examination or inspection. 14. If any officer of this Company shall, without the authority of the president and directors, appropriate any of the funds of the corporation to his own use, or that of any other person, shall willfully fail to make correct returns, or shall knowingly make false returns on the books of the Company with intent to cheat or defraud the corporation or any person, or to hide or conceal any improper appropriation of the funds of the corporation, the officers so offending shall be deemed guilty of felony, and upon conviction thereof, be sentenced to confinement in the jail and penitentiary of this State for a period not less than two nor more than twenty years. 15. The directors shall allow to the president reasonable compensation for his services; but no compensation shall be allowed to a director, except by the order of the stockholders; and if the president or any of the directors shall Knowingly diminish the capital stock by dividends or otherwise, they shall be responsible to the stock- holders for the deficiency thus created. 16. Reports of the finances and affairs of the Company may be required by the legislature, and the legislature shall have the right, by its committees, to investigate the condition of the Company; and any violation of the essential provisions of the charter shall cause forfeiture; but no forfeiture shall prevent the corporation from col- lecting its debts, and enforcing its contracts, and dispos- ing of its effects. the meter. They are also desired to notify the Company as early in the day as possible of any deficiency of lights, that the evil may be remedied without ' delay. GAS, 17. The Louisville Chancery Court shall have jurisdic- tion to hear and determine alleged forfeiture of this charter on complaint of any stockholder or State of Kentucky. 18. The stock in the hands of the stockholders is exempt from all State tax, and, in lieu thereof, the State impose a tax on the capital stock paid in of fifty cents on the hundred dollars; said tax to be collected from the Gas Company, and when paid, to exempt the property and effects of the Company from any additional tax. 19. The City of Louisville, if it so elect, may purchase the gas-works at the termination of this charter, at a fair estimation of what said works are worth at that time; Provided, that The City shall notify the Company of said election on her part at least one year before the termination of this charter; the value of the works to be ascertained by two competent gas engineers selected, one by each of the parties, and in case of their disagreeing, by an umpire whom they may select; the proceeds of which sale is to be divided pro rata among the stock- holders, including The City of Louisville. This charter is to be valid and in full force when accepted by those who hold the majority of the shares of stock in the present Gas Company; and the new Company shall - become successors to and owners of all real estate and other property belonging to the old Company. 20. The fourth Section? of said act is hereby amended by inserting the word ‘‘extent’’ after the word ‘‘ effect’ in said Section. 21. Should The City of Louisville not elect to take the Louisville Gas-works, as provided for and permitted by the eighteenth Section of the now existing charter of said Company, no company shall organize under the act to which this is an amendment, unless said Company so organized, or proposing to organize, shall agree to become 2S8ection 5, preceding. Asn we toto amend an act to extend the charter of the Louisville Gas Company, ap- proved Jan. 30, 1867. Approv- ed Mar. 2, 1867. An act to amend an act entitled An act to extend the charter of the Louisville Gas Co. Approved Jan. 30, 1867. Approved Mar, 5, 1868. 18 GAS. ANZAC TO amend an act entitled An act to extend the charter of the Louisville Gas Company. Ap- proved Jan. 30, 1868. Ap- proved Jan. 22, 1869. bound in conformity to the agreement which the present Gas Company has entered, or proposed to enter into with said City, and which was approved by the Board of Com- mon Council of said City on the ninth of January, 1868, and by the Board of Aldermen on the twentieth of Janu- ary, 1868; and any organization made under the act to which this is an amendment shall be held as made in con- formity with, and subject to the terms and provisions of, the aforesaid agreement. 22. Whereas, The City of Louisville and stockholders of the old Louisville Gas Company have accepted the said extended charter, and have agreed to certain amend- ments thereof, and desire that they may become a part of said extended charter, be it enacted by the General Assembly of the Commonwealth of Kentucky: That any person who may be entitled to a fractional share of stock under the provisions of Section second of said extended charter may have his or her election either to take the same in cash at par, or have issued & whole share by paying the difference of par value of the frac- tional share and a whole one. 23. The Gas Company shall be bound to extend its main pipes whenever the public and private lights imme- diately arising from said extension will pay seven per cent. profit on the cost thereof; and so much of the fifth Section of said extended charter as requires a profit of eight per cent. on the cost of an extension is hereby repealed. 24. The Gas Company shall put lamp-posts, fixtures, etc., along the street mains as they are extended, at a distance apart of about two hundred feet, or as near that distance as the dimensions of the squares may admit, so as to make an equal distribution of the same; and when- ever there are street mains on both sides of the streets the lights are to be located so as to alternate, preserving the same distance, namely, about two hundred feet for the lamps on each side of the street. The Gas Company GAS. 319 are to keep the lamps in order, to furnish gas, and light and extinguish the same, giving to each light an illumin- ating power of about twelve sperm candles; and the time of burning shall be from the close of twilight at evening until dawn of day in the morning, except on clear, moon- hight nights, when the light may be dispensed with; and said public lights shall be furnished to The City at act- ual cost, but in no event to exceed thirty-five dollars per lamp; and the charge for gas to private consumers shall be so graded as that the Company’s profits shall not exceed twelve per cent. per annum of the par value of the stock, ten per cent. of which may be drawn by the stockholders in semi-annual dividends, and the other two per cent. to be laid out for extensions, and not to be capi- talized except at the end of every five years. Section seven of said extended charter is hereby repealed. 29. The stock and other interest The City has or may have in the gas works shall not be disposed of, but the dividends arising therefrom shall, as far as necessary, be applied to paying for the public lghts of The City; and all investments of unused dividends belonging to The City shall be made by the directors of the Gas Company as trustee, with the concurrence and advice of the City Council, and held as a permanent trust during the con- tinuation of this charter. 26. Said Gas Company shall have the exclusive privi- lege of erecting and establishing gas-works in The City of Louisville during the continuation of this charter, and of vending coal-gas lights and supplying The City and citizens with gas by means of public works; Provided, however, this shall not interfere with the right of any one to erect, or cause to be erected, gas-works on their own premises, for supplying themselves with light. 27. No alteration or amendment to the charter of the Gas Company shall be made without the concurrence of the City Council and the directors of the Gas Com- pany. 320 GAS. An act to amend the charter of the Louisville Gas Company. Ap- proved March 20, 1884. 28. The capital stock of the Louisville Gas Company is hereby increased to three millions of dollars. The additional stock hereby authorized may be sold at such time or times as the directors of said Company may deem proper. The shares of stock shall be fifty dollars each, shall be considered and pass as personal estate, shall be transferable on the books of the Company as: the stock of said Company is now authorized to be transferred, and certificates shall be issued therefor as the same may be sold. 29. Said Louisville Gas Company is hereby authorized to purchase and own the capital stock of any other Gas Company which may be operated in this State with all the rights and privileges of any other stockholder; and may also purchase, own and hold, use and dispose of all such buildings, real and personal estate, machinery, patents, apparatus, and all other property and rights which may be or which may become convenient, proper, or necessary to carrry on its business. 30. The General Council of The City of Louisville is hereby empowered to sell the capital stock owned by The City of Louisville in the said Gas Company. The proceeds of sales of said stock as made, together with the bonds and any funds or sums of money held by said Jompany as trustees of said City, shall be turned over to the Commissioners of the Sinking Fund of The City of Louisville, and the said Sinking Fund shall invest and reinvest the same as often as may be necessary or expe- dient in United States bonds, or other good and well secured interest-bearing bonds; and out of the dividends and interest arising from such investments they shall pay the cost of ighting the streets, alleys, parks, public wharves, and public buildings belonging to said City of Louisville, and they shall invest and reinvest any sur- plus of such dividends and interest as often as may be necessary or expedient in good and well-secured interest- bearing bonds. Upon the sale of her stock, the said City of Louisville shall cease to have directors in said Com- 321 pany, and the other stockholders shall elect the nine directors of said Company. 31. So much of the charter of said Gas Company as is inconsistent with this act is hereby repealed. This act shall take effect and be in force as soon as the same shall be concurred in by the General Council of The City of Louisville and the directors of the Louisville Gas Company. * ? 32. The now existing Louisville Gas Company is hereby chartered and incorporated for the full term of fifty years from and after the first day of January, 1889, and the following charter is granted to said Company, to take effect and be in force upon and after said first day of Jan- uary, 1889, and continue in full force and effect for the term of fifty years, as hereinafter provided. + 33. Said Company is hereby declared to bea body corporate and politic, with perpetual succession, by the name of the ‘‘ Louisville Gas Company,”’’ name said corporation, its assigns, successors, and so. forth, shall be capable in law of contracting and being contracted with, suing and being sued, defending and being defended in all courts and places and in all matters whatsoever, aS natural persons; may have and use a common seal and break, alter and change the same at pleasure; may from time to time ordain and put in execu- tion such by-laws, rules and regulations for the govern- ment and conducts of its affairs, and the efficient and safe management thereof as may be deemed expedient, proper or necessary not inconsistent with the constitution and laws of the United States and of this State, and said Company may take, purchase, hold, enjoy, mortgage, sell, lease, assign, transfer and cenvey such property and property interests, real, personal and mixed, legal and equitable stock in other gas companies, buildings, ma- 8 Concurred in by the Council by resolution, approved May 24, 1884. +The Sections of the charter are preserved in the order of the original act, 32, above, corresponding to 1, 33 to 2, ete. 21 An act to in- corporate t he now existing Louisville Gas Company and to grant it a new charter. Approved Apr. 30, 1884. and by that. - oe GAS. chinery, patents, apparatus, and other things as may be deemed to be proper or necessary to the successful prose- cution of its business of making, storing, distributing, and vending gas in The City of Louisville and its suburbs. And said Company shall have power and authority, whenever the board of directors thereof shall consider the interest of the Company requires it, to issue bonds in any amount not exceeding two millions and five hun- dred thousand dollars, to bear interest at any rate not exceeding six per cent. payable semi-annually, may attach to said bonds coupons for such annual or semi-annual interest, and may secure the payment of said bonds and interest by executing a mortgage upon its property or upon such part thereof as may be designated in such mortgage or mortgages. 34. Said Corporation shall have full power and author- ity to manufacture and vend gas to be made from any and all of the substances, or a combination thereof, from which inflammable gas is usually or may be obtained. 39. To enable said corporation to construct, continue, and extend its gas-works and capacity to manufacture, distribute, and deliver gas in the present or future limits of The City of Louisville and its suburbs, it is hereby authorized to continue the use of its buildings, works, apparatus, machinery, mains, service-pipes, and other property now employed, or which may be employed in manufacturing, distributing, storing, and delivering gas prior to January 1, 1889, and after that time, may, with the consent of the General Council of said City of Louis- ville, own and extend its mains, conductors, service-pipes, and works into and through the other streets, alleys, lanes, parks, roads, and ways of said City and its sub- urbs, and for that purpose and to that end, said Company may open and take up the carriage-ways, sidewalks, and curbings, and shall replace the same in as good condition as before, within a reasonable time, and such power and authority is subject to such reasonable regulations as the Mayor and, General Council may make, and be Hable to GAS. 323 said City for any damage which may arise therefrom, and for any unreasonable delay in replacing the same. 36. The capital stock of said Company shall be five millions of dollars, divided into shares of fifty dollars each, and shall consist, first, of the stock of the now ex- isting Louisville Gas Company, as the same shall be on the thirty-first day of December, eighteen hundred and eighty-eight, at its par value, for which certificates shall be issued; secondly, of the contingent fund and undi- vided profits which said Company may own on said thirty- first day of December, eighteen hundred and eighty-eight, said fund and undivided profits to be capitalized for the equal benefit of the then stockholders, and certificates to be issued therefor; thirdly, the stock may be sold and issued by the Company, when deemed necessary, to the extent of capital stock hereby authorized. The stock of said Company shall be personal estate, and shall be transfera- ble on the books of the Company, in such manner as may be prescribed by the by-laws, but for all debts and de- mands owing or contracted by any stockholder to the Company, for stock or otherwise, said corporation shall have a lien on his stock. The stockholders, other than The City of Louisville, shall be entitled to one vote for each share of stock owned and held by them. 37. The said corporation shall, on the second Mondays in January and July of each year, make a statement of its condition, as of the thirty-first day of December and thirtieth day of June, respectively, immediately preced- ing, which shall be so kept and preserved in the office of the Company as to be accessible to the stockholders at all reasonable business hours; and the board of directors may, on said second Mondays in January and July of each year, respectively, or at such other time or times as they may designate, declare and make dividends of such por- tion of the profits earned by the Company as they may deem advisable. 38. The stockholders of the corporation, other than The City of Louisville, shall elect five directors of the Com- GAS. pany, and The General Council of The City of Louisville shall elect four others, and the nine directors so chosen shall constitute the board of directors of said Company, and they shall choose one of their number to be president of the board; and said board of directors shall be entrusted with the real and personal and other estate and. property interest of said Company, and with the admin- istration, conduct and management of all of its affairs. Each director must be a stockholder in his own right of at least twenty shares of the capital stock of said Com- pany for at least thirty days prior to the time of his election. The election of directors of said Company to be chosen by the stockholders thereof other than The City of Louisville, shall be held annually on the first Monday in July during the continuance of this charter, of which election ten days’ notice shall be given in one or more news- papers published in Louisville, Kentucky; and the Gen- eral Council of said City shall, at its first regular meeting after the first Monday in July in each year during the con- tinuance of this charter, elect the said four directors to serve in said Company on the part of the said City. All of said directors shall serve for one year, and until their successors are duly chosen and qualified, and shall be bona fide citizens of Louisville at the time of their elec- tion. Death, ceasing to hold as many as twenty shares of said capital stock, permanent removal from The City, or other inability to perform the duties of a director of said Company, shall create a vacancy in the board of directors, which shall, in case such vacancy occurs amongst the number of directors chosen by the stock- holders, other than The City of Louisville, be filled by the remaing directors of that class; and in case the vacancy occurs amongst the number of directors chosen by said General Council, it shall be filled by that body: Provided, that the board of directors of the now existing Louisville Gas Company, who shall be in office at the time the charter of said Company expires, shall be and they are hereby empowered and appointed to act as the board of directors of the corporation to which this GAS. charter is granted, until the first regular election herein provided for. 39. If for any cause an election of directors of said Company shall not be held on the days and at the times appointed by this act for such elections, the said corpora- tion shall not for that cause be deemed to be dissolved, but it shall be lawful to hold such elections at another time not exceeding sixty days thereafter, of which public notice shall be given for not less than ten days, and until such elections shall be held the directors of the Company last chosen shall continue in office as directors of said Company. 40. Said corporation shall have full power and au- thority to employ such agents and servants as the busi- ness of the Company may require and to contract with them for their services; and to ‘require of them such bonds and security for the faithful performance of the duties and business which may be assigned to them from time to time as may be deemed necessary and. proper. 41. A competent Gas Inspector shall be appointed by the Mayor of The City of Louisville whose duty it shall be to examine into all errors in the bills of gas-consumers as well as into the manufacture of gas, and to correct ali errors when called upon for such service, also to examine and correct all inaccurate meters that may be reported for examination; and his compensation shall be fixed and paid by The City of Louisville. 42. Said Company shall keep a record of the business transacted at all regular and called meetings of the board of directors, in a book to be Kept for that purpose, which record shall be open to the inspection of the stockholders during business hours, in the presence of one of the officers of the board of directors of the Company. 43. If any servant, agent, employe, or officer of said corporation shall knowingly and wrongfully appropriate the funds thereof, to his own, or to the use of any other person or shall knowingly fail to make correct entries 326 GAS. or shall Knowingly make false entries on the books of the Company, with intent to cheat or defraud the corporation or any person, or to hide or conceal any improper appropriation of the funds of the Company, every such officer, servant, agent, or employe so offending shall be deemed guilty of felony and upon conviction thereof shall be sentenced to confinement in the peniten- tiary of this State for a period of not less than one nor more than ten years at the discretion of the jury. 44. If any person or persons shall wrongfully, by any means whatever, injure or destroy any part of the gas- pipes or conductors, lamps, posts, burners, or any of the works, fixtures, or machinery of said Company, all such persons besides being bound to said Company for the damages it has sustained thereby, shall be lable to indict- ment and upon conviction of such offense shall be fined at the discretion of the jury, in any sum not exceeding one hundred dollars, or by imprisonment in the City Workhouse of Louisville at hard labor, for a term not exceeding one year, but this Section shall not be held to change the law as to arson or willfully burning the houses of the corporation; and all indictments for offenses against this act shall be. prosecuted within two years after the discovery of the offenses aforesaid, and not afterwards. 45. The City of Louisville, if it so elect, may purchase the entire gas-works, property, and effects of the said cor- poration at the termination of this charter, at the fair value thereof at that time; Provided, that said City shall notify the Company of such election on her part at least one year before the termination of said charter. The value of said gas-works property and effects shall be ascertained by two competent civil engineers selected, one by The City of Louisville, the other by said corporation, and to provide against a possible disagreement between said valuers, they shall before entering upon the dis- charge of their duties as such choose an umpire, who shall determine any differences which may arise between said valuers and the valuation of said works, property, and effects and the determinations of said valuers and said umpire shall be binding and final. The proceeds of said works, property, and effects shall be divided pro rata among the stockholders, including The City of Louisville. And power and authority is hereby granted to the said City of Louisville to sell and dispose of and transfer her stock in said corporation or any part thereof, at any time it is deemed advisable by the General Council of said City to do so; the proceeds of sales of said stock as made’ together with the bonds and any funds or sums of money held by said Company as trustee of said City shall be turned over to the ‘‘Commissioners of the Sinking Fund of The City of Louisville,’ and the said ‘‘ Sinking Fund”’ shall invest and reinvest the same as often as may be necessary or expedient in United States bonds or other good and well secured interest-bearing bonds, and out of the dividends and interest arising from such investments they shall pay the cost of lighting the streets, alleys, parks, public wharves, and public buildings belonging to said City of Louisville and they shall invest and reinvest any surplus of such dividends and interest as often as may be necessary or expedient in good and well secured interest-bearing bonds; and the said Company is hereby authorized and empowered to become the purchaser thereof or any part of the same. In the event The City of Louisville shall sell any part of her stock in said Louisville Gas Company, her power to elect directors shall be decreased in proportion to such sale ratably as the four directors herein provided for bear in proportion to the shares held by said City, and if The City shall sell such part of its stock as to lose the right to elect one or more directors the place or places may be filled by the stockholders other than The City so as to keep up the number of nine directors. The sale by The City of her entire stock in said Company shall terminate the right of the General Council of said City to elect directors therein, and the nine directors thereof shall thereafter be elected 328 GAS. by the stockholders at the annual election of directors for said corporation. 46. Said corporation to which this charter is granted shall succeed to and become the owner of the gas-works, property, and effects of the now existing Louisville Gas Company, subject, however, to the right of said City of Louisville to purchase the same under and according to the provisions of the eighteenth Section of the charter of said last-mentioned corporation, approved January 30, 1867; Provided, that this act shall not take effect unless it shall be accepted by the stockholders who own a ma- jority or the shares of the stock of the now existing Gas Company. 47. Nothing in this act shall be construed to give the said Louisville Gas Company any exclusive rights or privileges to the streets or otherwise under this charter; nor shall any of the property of said Company be exempt from municipal or State taxes, or either. 48. Said Louisville Gas Company shall at no time be consolidated with any other gas company, nor shall any other gas company be in any way consolidated with or operated in connection or conjunction with said Louisville Gas Company; nor shall any officer, agent, or servant of said Company be an officer, agent, or servant of any other gas company; nor shall any officer, agent, or servant of any other gas company at any time be an officer, agent, or servant of the Louisville Gas Company. °® 5«An act to extend the charter of the Louisville Gas Company,” approved January 30, 1867, which took effect January 1, 1869, providing for the reorganization of said Company, etc., did not extend or continue in force any of the provisions of the act of 1838, incorporating said Company, which by its own terms expired January 1, 1869. Hence, when in 1878, C. was in- dicted under Section 24, of the act 6f 1838, for embezzling twenty thousand dollars of the funds of the Company while cashier of the same, the Court of Appeals held that even though the embezzlement was committed on July 1, 1868, before the old charter expired, yet there could be no indictment under it after it had expired.—Commonwealth v. Cain, 14 Bush, 525. The Louis- ville Gas Company asserted the exclusive right to manufacture gas in Louisville, under an act of the legislature which is unconstitutional and void, GAS. 329 49. Thomas C. Coleman, Walter N. Haldeman, James Barrett, H. V. Newcomb, G. F. Fuller, E. D. Standiford, Isaac Caldwell, F. T. Fox, and J. P. Johnson, and their associates, successors, and assigns, are hereby created a body corporate and politic by the name of ‘* The Citizens’ Gas-Light Company of Louisville,’ for the purpose of making, selling, and distributing gas for the purpose of lighting the buildings, public and private, in The City of Louisville and its adjoining territories, together with the streets, highways, lanes, alleys, parks, and other public places therein, and for other purposes; and by that name shall have perpetual succession; and are made capable in law to take, purchase, possess, retain, have, hold, and enjoy to them, their successors, and assigns, estates and interests of every kind, real, personal, and mixed, legal or equitable, and the same to manage, control, let, lease, assign, grant, bargain, sell, alien, convey, confirm and dispose of at pleasure; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended against in any competent court of law or equity, and before all tribunals to appear and protect its rights; to make, have, and use a common seal, and the same to break, altar, and renew.at pleasure; and shall also have power to establish and put in execution such by-laws and regulations, not contrary to law, as they may deem necessary or convenient for the government of said cor- poration and the management of their property and concerns, and the duties and employments of their officers and agents, and the same to change, alter, or amend; and generally, to do all things necessary and proper to carry into effect the powers and privileges herein granted. ® and thereby put another company’s right to manufacture gas also in the same city, under a cloud and prevented it from raising the necessary funds for the purpose. Held, that the Louisville Gas Company could be restrained by injunction from setting up such exclusive right.—Citizens’ Gas-Light Co. v. Louisville Gas Company, Court of Appeals, June 16, 1883. 6The Sections of the original act are preserved in order, Section 1 being Section 49 above, Section 2, 50, ete. An actto incorporate the Citizens’ Gas Light CO et Louisville. Approved Mar. ae 1B ie, 330 GAS. 50. The capital stock of this Company shall consist of seven hundred and fifty thousand dollars, in shares of one hundred dollars each; but the stockholders at any special meeting called for that purpose may increase such capital stock to any sum not exceeding two millions of dollars, under such regulations and conditions as they may deem expedient; the holders of a majority of the stock voting for said increase, and casting one vote in person or by proxy for each share of said stock held by them. 51. Said Company shall have power and authority, with the consent of the General Council of said City, to open the ground in any highway, street, lane, alley, park, or other public place within the limits aforesaid, and lay and repair therein their pipes for conducting gas; said Company restoring the same to as good condition as before, within a reasonable time thereafter; said Com- pany being required, in so doing, not to injure any gas or water-pipe, or connection, or sewer laid therein, and said corporation being liable to The City of Louisville for any damage it may have to pay for its negligence in so laying, repairing, or restoring as aforesaid; and such power and authority is subject to such reasonable regula- tions as the Mayor and City Council may make for the protection of life, property, and health of citizens. 92. The said Company shall have authority to open ground, to lay and repair pipes for conduction of gas to consumers in Portland and other towns adjoining said — City of Louisville, in the highways, streets, lanes, alleys, and other public places thereof, subject to such reason- able regulations by the municipal authorities thereof respectively as they shall prescribe; said Company lay- ing, repairing, and restoring the same to like condition as before within a reasonable time. 93. The shares in said capital stock are hereby declared to be personal estate, and transferable on the books of the Company in such manner as the board of directors shall prescribe; and the whole of said capital stock shall GAS. be paid in within two years from the organization of the Company under this charter, and in such equal install- ments and at such times as shall be prescribed by the directors, of which ten days’ notice shall be given per- sonally to each stockholder or by mail, or published in one of the newspapers daily printed in Louisville, of the time and place of paying the same; and said capital stock shall not be Hable to assessments, except for said installments to the amount in all of one hundred dollars on each share; and said Company may provide by its by-laws for the forfeiture of stock in part, or only a part otf which has been paid, and for the sale of such stock to pay any balance due thereon, and sue for and collect such balance due thereon, as may be deemed most expe- dient, and may likewise by by-law provide that unpaid shares of stock shall not be voluntarily transferred until the whole amount of such stock is paid in; and may proceed direct against the original subscriber or his assigns. 54. The first meeting of the Company for the election of directors and organization under this charter, and for the transaction of any other business of the corporation, may be ealled at such time and place as shall be fixed by a written or printed notice, signed by any one or more of the corporators named in the first Section of this act, and personally served on the other corporators named in said first Section of this act, or upon publishing said notice seven days in any newspaper printed in Louisville; at which time and place those corporators named as afore- said, who shall. meet at said time and place, shall constitute a quorum for doing business, and who may choose directors for said Company, consisting of not less than three, nor more than seven members, who shall sev- erally hold their offices for one year and until others are chosen to act in their stead, unless sooner removed by the corporation or by death. An annual meeting of stockholders shall be had one year from the day on which the first or the preceding election of a board of directors doe GAS. shall have taken place for the election of a new board, unless it shall be a Sunday, in which case the Monday following; but the neglect or other fault of the Company - to so elect, or to do any other act required to be done by the Company, its stockholders, or directors shall not work a forfeiture of this charter, or of the privileges and advan- tages under the same; and in case of a removal or holding over their terms, such board of directors may be elected at any special meeting of stockholders. Special meetings of stockholders may be called by the president of the Company, or in case of his absence, neglect, inability, or refusal to act, by any of the stockholders who shall hold one third of the shares of stock, of which ten days’ pre- vious notice shall be given in a newspaper printed in The City of Louisville, as provided by the by-laws of said Company. Atany meeting of stockholders two thirds of the shares of stock shall be represented, in person or by proxy, to constitute a quorum to do business; and a single vote for each share shall be cast in person or by proxy at such meeting; but any number of shareholders may adjourn such meeting from time to time until a quorum shall be present. 99. The board of directors shall choose a president and treasurer from among their number, who shall hold their office one year, or until others are chosen and qualify, and may choose such other officers as they may deem expedient, who shall give bonds to the Company for the faithful performance of their duties in such sum and with sureties as shall be satisfactory to the board. The board shall have the immediate government of the property, business and affairs of the Company, and shall meet as often as they think proper, the president presid- ing, and, in case of an equal division, having a casting vote; a majority of the board constituting a quorum, and the board of directors or the president and treasurer, when authorized by the board of directors, shall have power to make contracts, to manage and dispose of the property and funds of the Company in such manner as GAS. 3093 they shall deem for the interest of the shareholders; and the board shall receive no compensation for their, services unless voted them by the stockholders; and the directors shall make such dividends annually of the profits, if any, as to them shall seem proper. 86. In all proceedings at law or in equity in which this corporation shall be a party, the leaving of an attested copy of any process with the treasurer, or person acting as such, or at his usual place of business with some person of suitable age and discretion, shall be deemed sufficient service thereof. 97. The said Company shall have power to issue its bonds, to extend its works and pipes, to an amount not exceeding one half the amount of capital stock actually paid in at the time. 98. If any person shall willfully or maliciously do or cause to be done any act whatever whereby the works of said Company or any part thereof, or any pipe, conduit, plug, cock, reservoir, or any engine, machine, meter, or structure, or any matter or thing appertaining to the same, shall be injured, destroyed, stopped, obstructed, impaired, weakened, or interfered with, the person so offending shall forfeit and pay said Company double the amount of damages sustained by means of such offense or injury; to be recovered in an action of debt, to be brought in the name of said Company in any court of competent juris- diction, together with costs of suit. 599. Any person or persons who shall willfully or fraud- ulently injure or suffer to be injured any pipes, fittings, or meters belonging to this corporation, or prevent any meter from duly registering the quantity of gas supplied through the same, or shall alter the index of any such meter, or in any way hinder or interfere with its proper action or just registration, or shall fraudulently burn the gas of this corporation or waste the same, shall for every such offense forfeit and pay to the corporation the sum of twenty-five dollars, and in addition thereto shall pay do4 GAS. An act to amend an act entitled An act to incorporate the Citizens’ Gas-Light Co. of Louisville. Approved Mar. 2 ASt 25 ae proved Mar. 8, 1884. to said corporation the amount of damage by them sus- tained by reason of such injury, prevention, waste, consumption, or hindrance. 69. Any person duly authorized in writing by this corporation, over the signature of the president or treas- urer, at all proper times of the day, may, on presenting such written authority, enter any dwelling, store, room, place, or building supplied with lighting apparatus by this corporation, for the purpose of inspecting and exam- ining the meters, pipes, fittings, and works for supplying and regulating the quantity of gas consumed or supplied, and, in case of non-payment of any sum due for gas pre- viously supplied according to his or their contract with this corporation, to prevent and stop the gas from enter- ing the premises of such person or persons, and take and carry away any such meter, pipe, fitting, or other works from the mains or pipes of this corporation. 61. This act shall take effect from and after its passage, and be and continue in force for the term of fifty years. 62. An act entitled ‘‘An act to incorporate the Citi- zens’ Gas-Light Company of Louisville,’ approved March 21, 1872, is hereby so amended that the capital stock of said Company may be increased not in excess of five millions of dollars, and that said Compay shall have the power and authority to issue its bonds not in excess of two and one half millions of dollars, with semi-annual interest-coupons thereto attached, not to exceed six per centum per annum, payable at such times and places as may be named in the body thereof, and to secure the payment thereof by executing one or more mortgages to one or more trustees, for the common benefit of the holders of its bonds, upon its real and personal property, and franchises, rights, and privileges. 63. Said Citizens’ Gas-Light Company shall have the power to acquire, by purchase or otherwise, the control of, and buy, own, and hold stock in any other gas company or companies in this commonwealth, upon such terms as may be agreed upon. GAS. 64. The Citizens’ Gas-Light Company of Louisville, Kentucky, shall be exempted from City taxes on its property and effects; Provided, its prices for public and private lights are not in excess of the prices charged by the Louisville Gas Company or any other gas company that may be hereafter established in The City of Louisville. 65. Provided, that the exemption from taxation herein provided shall expire the first day of January, 1889. 66. The Citizens’ Gas-Light Company, organized under a charter of the General Assembly of the Commonwealth of Kentucky, approved March 21, 1872, entitled ‘‘An act to incorporate the Citizens’ Gas-Light Company of Louis- ville,’ as organized with George Ainslie, president, Samuel L. Avery, Thomas Coleman, James Todd, Samuel Russell, John G. Barrett, and H. Victor Newcomb as directors, is hereby granted the right, so far as The City of Louisville has the legal right so to do, to establish a gas-works and lay down its pipes and mains in and along the streets, alleys, and public ways of The City, and make such other connections and arrangements as may be needful and necessary for the supply of gas to the citizens or City for a period of twelve years from the date of the passage of this ordinance, upon the followmg express conditions, to wit: First: That any and all pipes, mains, and connec- tions in and along the streets, alleys, or public ways, shall be laid subject to ordinance or resolution of the General Council under the supervision of the City Engi- neer. Second: That said Company shall not charge a greater price for gas to consumers, at the present cost of production, than two dollars per thousand cubic feet, and any advance over two dollars per one thousand cubic feet shall be only in proportion to increased cost of produc- tion; and in the event the net profits of the said Company, at the rate of two dollars per one thousand cubic feet, exceed ten per cent. per annwm upon the paid-up capital stock of the Company, the price shall be accordingly re- duced. The quality of gas to be equal to sixteen sperm- An act con- cerning the Citizens’ Gas- Light CFOn On Louisville. Ap- proved May 5, 1884. Ordinance, passed Dee. 15. 1877. et Seq. peak, 306 GAS. aceti candles’ illuminating power. Third: That if at any time The City of Louisville may elect, the Citizens’ Gas- Light Company shall supply the public lights of The City with gas, and it shall not charge The City more than the actual cost of production, which shall be determined in the folowing manner. By dividing the number of feet of gas made into the sum of the following items, after deducting the gross amount of residuals or other materi- als sold, to wit: Coal carbonized, including all charges for storage and handling, and loss on same; me or other agent used in purifying, including all charges for storage and handling, and loss on same; wages, salary of superintendent and two clerks at works and the men engaged at the works in the production of gas; repairs to the works (not including extensions or betterments), including materials actually used and labor actually per- formed; all taxes on works. Deduct coke, tar, breeze, cr other material actually sold. And the said Company shall make semi-annual statements of the actual cost of manufacturing gas to the Mayor and General Council, and the books from which said statements are compiled shall be subject to invesigation of the Mayor or any com- mittee: of the General Council. Fourth: That in the event of the said Company furnishing gas for the public lights, the amount of gas so consumed shall be ascer- tained by placing a meter to each one hundred gas lamps, to be equally distributed throughout The City, and located with proper reference to the highest and lowest levels of the mains, which shall be lighted and extinguished at the hottr of lighting and extinguishing the public lights, and the average amount of gas so consumed shall be the maximum to be charged for all public lights of The-City. Fifth: That said Company shall not require a deposit from gas consumers. Sixth: That said Company shall extend and lay its pipes wherever the gas subscribed for and to be sold shall pay sufficient profit to equal six per cent. on the cost of such extension. Seventh: That said Company shall consent GAS. to the appointment by the General Council of a compe- tent inspector of all meters to be used by said Company that may register incorrectly, so that consumers shall only be required to pay for gas actually consumed by them or passing through their meter. Eighth: That said Company shall be subject to all regulations or require- ments of The City now required of the Louisville Gas Company, and any just or reasonable legislation that may be enacted by the General Council hereafter for the reason- able protection of The City and citizens. Ninth: That said Company shall proceed as rapidly as practicable to establish its works and lay down its pipes and mains after the passage of this ordinance, provided the said Company shall have erected its gas-works, laid its mains, and be prepared to supply the citizens with gas within two years after the approval of this ordinance; and this ordinance and all rights and privileges granted thereun- der shall be null and void should said Company fail to keep or perform each and every provision of this ordi- nance in each and every particular. Tenth: That for the faithful performance of all the provisions of this ordi- nance the Citizens’ Gas-Light Company shall execute a bond with good security to the amount of $75,000, to be approved by the Mayor and General Council. And that within the two years there shall be an investment made by said Company in works and mains equal in value to the sum of $75,000. 67. Nothing herein granted or authorized shall be con- strued as making The City liable for any damage by reason of any right or privilege heretofore granted to, or now existing with, the Louisville Gas Company. kes See ENGINEER— PuBLIC WaAys. bo bo The charter, act of March 38, 1870. Sec. 8. Oi ws Bal ed Ba a Oh" GENERAL COUNCIL CO" NTE Ne Sg 1. The local legislative power vested in the General Council; quali- fications and eligibility of mem- bers; vacancies in membership. 2. The offices of member of the Council and notary-public may be held at the same time. 3. Popular representation in the | | Council; election and term of ser- | vice of members. 4. Terms of Aldermen first | elected. 5. Presidents. 16. Propositions for raising money; amendments. 17. Exemptions and exclusive privileges restricted. 18. General ordinance-power. 19. Regulation of disbursements. 20. Power to impose fines for mis- demeanors. 21. Dog laws. 22. Specific powers of the General | Council enumerated. 6. Control to be exercised by each | Board over its members. 7. Quorum; enforcement of at- | tendance. 8. Clerks and sergeants-at-arms. 9. Public records. 10. Place of meeting. 11. Election of members Jouncil; meetings; adjournments. of the | 12. Elections and terms of Coun- | cilmen. 13. Members exempt from jury | and military service. 14. Vacancies. 15. The manner of passing ordi- | nances regulated. 23. May pass ordinances to enforce the observance of Sunday. 24. Secret-service fund. 25. Freedom of The City; sup plies to the poor. 26. Oath of members of the Coun- ceil. 27. Place of meeting. 28. Clerks of the Council. 29. Clerk of the Board of Alder- | men; duties, ete. 30. Clerk of the Board of Council- men; duties, etc. 31. Clerks’ fees for copies. 32. The making out and registry | of apportionment warrants. 1. The legislative power shall be in a Board of Coun- cilmen and Board of Aldermen, styled ‘‘The General Council of The City of Louisville;’’ members of which shall be white male citizens. of the United States, GENERAL COUNCIL. residents of said City three years next preceding their election, bona fide residents of the wards for which they are chosen, housekeepers or owners of real estate in said City, hold no other civil office,! nor be directly or in- directly interested in any contract with said City or in any application therefor, or a candidate for or hold any office or employment for pay in any company or corporation which holds or is an applicant for any contract with said City, the terms, rates, or prices of which are subject to modification or enforcement by the General Council, nor be in arrears to The City for money collected or held without a settlement or guiéetus therefor. Stockholders in other corporations may be eligible, but shall not vote or interfere directly or indirectly with any matter or question affecting any contract between such company and The City, or right or duty under the same. Alder- men shall have attained thirty and Councilmen twenty- four years of age. The absence of any of these qualifica- tions shall render a person ineligible as a member of either Board. Said Council shall so declare and proceed to fill the vacancy. 2. So much of the act entitled ‘An act to establish a new charter for The City of Louisville,’ approved March 3, 1870, as makes the [holding of the] office of notary- public and that of Councilman or Alderman of the General Council of said City [at the same time, by the same per- son, | unconstitutional is hereby repealed. 3. Representation shall be equal and uniform, and regulated by the number of inhabitants, to be ascertained by the census to be made in 1870, and every ten years thereafter; but, for the purpose of equalizing the wards, the General Council may cause enumerations to be made at shorter periods; and after each enumeration they shall lay off said City into twelve wards as nearly equal as practicable in population. The qualified voters 1See the next succeeding Section. 339 An act to amend an act entitled An act to establish a new charter for Ther Ore ye of Louisville, ap- proved Mar. 3, 1870. Approv- ed April- 20, 18738. The charter, act of Mar. 3, 18702, Bec: 4, et seq. 340) GENERAL COUNCIL. SS of each ward shall elect two Councilmen and one Alder- man; the Alderman to serve two years and the Council- men one year from their general election. 4. The Aldermen first elected under this charter shall divide themselves by lot into two classes; the seats of the first class shall be vacated at the end of one year, of the second class at the end of two years from their gen- eral election; and the vacancies thus made shall be filled by the qualified voters in the ward at the next annual election for members of the General Council. d. Each Board shall elect from its members a president thereof for one year; in his absence a president pro fem. shall be chosen from the members. 6. Each Board shall judge the eligibility and election returns of its members, adopt rules for its proceedings, and punish its members for disorderly conduct; and, two thirds of the members elect concurring, may expel a member; but not twice for the same cause. ? 2 Joint Rules of the General Council | July, 1S84].—1. In all joint meetings of the two Boards the president of the Board of Aldermen shall preside, and the proceedings shall be conducted, as near as may be, according to the rules of the Board of Aldermen. 2. In every case when an amendment of any ordinance or resolution is agreed to in one Board and not assented to in the other Board, it either Board shall request a conference and the other Board appoint a committee to confer, said committees shall, at a convenient time, to be agreed upon by their chairmen, meet and consult together and report their action to their re- spective Boards. 3. When a message shall be sent from either Board it shall be announced at the door by the messenger, and shall be respectfully communicated to the president by the person by whom it is sent. 4. While ordinances, resolutions, efc., are on their passage between the two Boards, they shall be under the signature of the clerks of their respective Boards. 5 After an ordinance or resolution has passed both Boards it. shall be indorsed by the clerk of each Board, over whose signature shall also be stated the respective dates when the same was acted on by the respective Boards. 6. When the ordinance and resolution are so indorsed they shall be delivered to the City Attorney, whose duty it shall be to examine the same and approve or disapprove the same by his indorsement thereon, after which, GENERAL COUNCIL. 7. A majority of the members elect shall constitute a quorum of either Board, but a smaller number may adjourn from day to day; and the attendance of members may be enforced by rules or ordinances, with appropriate fines, not exceeding ten dollars. 8. Each Board shall elect its clerk, and may elect a sergeant-at-arms, define their duties, and fix their pay. if found duly passed and in conformity with the law, they shall be presented to the Mayor for his approval, when, by the charter, he is required to approve, and shall also be presented for the signature of the president of each Board of the Council. 7. When the Board of Aldermen and the Board of Councilmen shall judge it proper to make a joint address to the Mayor, it shall be presented to him in his office by the president of the Board of Aldermen in the presence of the president of the Board of Councilmen. 8. When an ordinance or resolution which shall have passed in one Board is rejected in the other, notice thereof shall be given by the clerk to the Board in which the same passed. 9. When there is a communication from the Mayor, or a message from either Bourd, it shall be received without delay. If the Council be in com- mittee the president shall resume the chair, and if any member be speaking he shall take his seat until the communication or message be received; and when any papers may come officially before either Board they shall as soon as acted on lay the same before the other Board. Rules of the Board of Aldermen [ July, 1884].—1. The stated meetings of the Board of Aldermen shall be held in their chamber, corner of Sixth and Jefferson streets, in every two weeks, and at such other times as may be designated by adjournment, to be opened at such hours as the Board may from time to time prescribe, and seven members shall constitute a quorum to do business. 2. The president shall take the chair at the time appointed for the Board to meef, and shall call the members to order, and on the appearance of a quorum shall caause the journal of the preceding meeting to be read, and no objection being made, it shall be considered approved, when the Board may proceed to business. 3. In case the president shall not attend, the Clerk, on the appearance of a quorum, shall call the Board to order, when a president pro tem. shall be be appointed by the Board for that meeting or until the appearance of the president. 4. It shall be the duty of the president to preserve order, and if any mem- ber transgress the rules of the Board the president shall, or any member may, call him to order, in which case the member called to order shall at once take his seat unless permitted to explain. The president may speak to the points of order in preference to other members. He shall decide all questions ot order, subject to an appeal to the Board. 5. The president shall vote upon all questions, and when the yeas and nays 341 342 GENERAL COUNCIL. The charter, act of Mar. 3, 1870. See. 5 et seq. 9. All records, official proceedings, and papers of the Board of Trustees of Louisville, of the Mayor and Coun- cil and other officers under the first incorporation into a City, those under the charter of 1851, and those of the Mayor and General Council and other officers under this charter, are hereby declared public records, and as such shall be preserved and be entitled to all the faith and are called, the president shall first be called, and then the members by wards, beginning at the upper ward, and if the vote be equally divided, the question shall be lost. 6. Whenever the president may wish to leave the chair he shall have power to substitute a member in his place, provided the substitution shall not continue beyond the day on which it is made. 7. Every member present when a question is put shall vote unless the Board shall for special reasons excuse him. 8. Every motion, resolution, or proposition shall, if the president or any member of the Board require it, be reduced to writing. 9. No ordinance shall be sent from this Board for concurrence on the same day on which it passed this Board, nor shall any ordinance sent to this Board from the other Board for concurrence be acted upon to its final passage the same day it passed the other Board. 10. When a motion is made and seconded it shall be deemed to be in possession of the Board, and shall be stated by the president, or if in writing, may be read by the mover or handed to the clerk to be read by him previous to debate. ) 11. When a question is under debate no motion shall be received unless to adjourn, to lay on the table, for the previous question, to postpone to a certain time, to commit, to amend, or to postpone indefinitely. These several motions shall have precedence in the order in which they are enumer- ated. 12. A motion for amendment until it is decided, shall preclude all other amendments, but shall not preclude members from reading substitutes or amendments for the information of the Board, previous to the decision on the preceding amendment, and every amendment’ or substitute shall be reduced to writing. But no amendment which tends to destroy the general sense of any clause or motion shall be admitted, nor shall a motion or proposition different from that under consideration be admitted as an - amendment. 13. A motion or resolution may be withdrawn at any time before action is had on it, by consent of the Board. 14. All questions to be put in form: “All who are of the opinion that (as the question may be), say aye; those of a contrary opinion, no ;” doubtful cases the president may direct, or any member may call for, a di- and in vision. 15. When a member is about to speak, he shall rise and respectfully address himself to the president, and the president shall pronounce the ward repre- GENERAL COUNCIL. credit of public records. And official copies thereof may be read in all courts with like effect as of other public records. 10. The General Council shall hold their meetings in such separate rooms in said City as may be provided by ordinance, and the place shall not be changed but by ordinance passed by two thirds of the members of each Board voting therefor. sented by the member entitled to speak; and no member shall be allowed to speak except from his own desk, and standing. 16. No member shall speak more than twice on any question, nor longer than ten minutes each time, without leave of the Board, nor more than once until every member of the Board choosing to speak shall have spoken. 17. No member shall absent himself without permission from the presi- dent. , | 18. A motion to adjourn shall always be in order, unless the Board is en- gaged in voting or a member speaking, and shall be decided without debate. 19. The previous question shall be put in these words: “Shall the main question be now put?” and it shall be admitted on demand of two members, and until decided shall preclude all debate or amendment of the main ques- tion. 20. Any member may call for a division of the question when the same shall admit thereof. : 21. The first reading of an ordinance shall be for information, and if ob- jection be made to it, the question shall be: “Shall the proposition be re- jected?” If no objection be made, or the question to reject be lost, the ordi- nance proposed shall go to a second reading without further question. 22. Upon a second reading of an ordinance, the president shall state it ready for commitment, amendment, or postponement. If no proposition is made to commit, amend, or postpone, the president shall put the question of passage: “As many as are of opinion that the ordinance should now pass, say yea; contrary, no.” 23. An ordinance after commitment, or report thereof, may be recom- mitted at any time previous to its final passage. 24. The yeas and nays shall be taken and recorded upon any question before the Board upon the call of any one member, and any member shall have the right to dissent from, and protest against, any ordinance, resolution, or order of the Board. 25. Every ordinance shall be introduced by leave, or by order of the Board, or report of a committee; and no ordinance shall be passed or repealed, or contract or appropriation of money made except for the payment of salaries or money on account of contract adopted, or carrying out the powers of an ordinance, unless there are seven members voting in the affirmative. oO te) 26. All ordinances appropriating money shall be investigated by the finance committee before their passage; and in case they are. presented 343 344 GENERAL COUNCIL. 11. On the first Tuesday in December of each year after 1869, the General election for members of the General Council shall be held, and in one month thereafter they shall assemble, and they shall meet once in every two weeks, and not adjorn for a longer time, but may adjourn from day to day, and sit as long as business may require. When both Boards are in session one shall not adjourn without such investigation, they shall be referred without debate to the finance committee for consideration. 27. In filling blanks the largest sum and the longest time shall be put first. 28. All committees shall be appointed by the president unless otherwise directed by the Board. At the meeting of the Board the business shall be taken up in the following order, to wit: First, communications from City officials; second, * petitions and remonstrances; third, new claims against The City; fourth, reports from standing mn nitites) fifth reports from special committees . sixth, unfinished business; seventh, new business and business from the Board of Councilmen. No business shall be transacted during the call of committees unless by a vote of eight members of the Board. 30. No personalities or reflections injurious to the feelings or harmony of the Board, or any member thereof, shall be tolerated; and the member indulging in any such personalities shall be called to order by the president or any member; and no member shall absent himself from the Board while in session without leave from the president. 31. Whenever the doors are directed to be closed, all persons, except members, and clerks, and sergeants-at-arms, shall retire. 32. The president nor any member of the Board shall be named in debate or during the session of the Board by name, but shall be designated by the ward such member represents. 33. Every member on presenting a paper'to the chair shall first state its general purport. 34. This Board may at any time resolve itself into a committee, of the whole on the state of The City. 35. In forming a committee of the whole the aresoont shall leave the chair, and the chairman to preside in said committee shall be appointed by the president. 36. All amendments made to the original proposition in committee of the whole shall be incorporated with it and so reported. 37. The rules governing the Board of Aldermen shall be observed in committee of the whole so far as they are applicable. 38. A motion for the rising of the committee shall always be in order unless a member is speaking, and shall be decided without debate. 39. The Standing Committees on Finance, Streets, E. D.; Streets, W. D Sewers, E. D.; Sewers, W. D.; Contracts, Police, Fire Department, Wharf, Courthouse and Public Buildings, Railroads, Revision, Education, Gas and GENERAL COUNCIL. without the concurrence of the other for a longer time than twenty-four hours. If they can not agree upon an adjournment, the Mayor shall adjourn them to a day not beyond the regular time of meeting. 12. At the next election for City Council there shall be elected two Councilmen from each ward of said City. The one receiving the largest number of votes cast shall Water, Public Charities, Health, Public Works, Assessments, Elections and Bonds, Public Printing, Grievances, Cemeteries, Taverns and Coftee-houses, E. D., Taverns and Coffee-houses, W. D.; Street Improvements, and Law shall be appointed annually by the president at the first regular meeting after organization, and each committee shall consist of two members, except the Street Improvement Committee, which shall consist of four members, and the Committee on Fire Department, which shall consist of a number equal to the number which shall compose said committee in the Board of Councilmen, and shall be appointed for one year. 40. All propositions, petitions, resolutions, accounts, or other matter connected with The City shall be referred to the appropriate standing com- mittees, unless otherwise disposed of by the Board. 41. Committees appointed to report on any subject referred to them by the Board shall report the facts in relation to the subject referred, with their opinion thereon, and when so directed shall commit the same to writing, and shall attach thereto all resolutions, petitions, remonstrances, and other papers relative to the matter referred. 42. When a motion has been carried or lost it shall be in order for any member who has voted with the majority to move a reconsideration, and in case the motion be made at the same meeting it shall be competent for a majority of the members present to pass a vote of reconsideration. But if it be made at a subsequent regular or called meeting, the subject shall not be reconsidered unless a majority of all the members of the Board shall vote therefor. No more than one motion for the reconsideration of any vote shall be permitted. 453. No ordinance or resolution for the expenditure of money will be enter- tained by this Board after the appropriation for the purposes referred to in said ordinance or resolution has been exhausted. 44. No person except members, City officers, reporters of the City press, and persons by special invitation of members shall be admitted within the bar of the chamber, nor shall there be any smoking within the chamber during the sitting of the Board. And it shall be the imperative duty of the sergeant-at-arms to enforce the rules in these respects, and obey strictly all commands of the president. 45. In the absence of a standing rule the Board shall have reference to “ Cushing’s Manual.” 46, The foregoing rules, nor any of them, nor any part thereof, shall be suspended, changed, modified, repealed, or amended without the concurring vote of eight members of the Board, but any rule may be suspended for the 345 An act to numend an act entitled An act establishing a new charter for The City of Louisville, approved Mar. 83,1870. Ap- proved March 3.1871. “see. 2. 346 The charter act of March 8, Loe Oe So eC.46 et seq. GENERAL COUNCIL. hold his office for the period of two years; the one receiv- ing the next highest number of votes shall hold his office for one year; and ever thereafter there shall be elected one Councilman in each ward at the regular annual elec- tion, who shall hold his office for two years. ® 13. Members of the General Council shall be exempt from serving on juries, from military duty during their 3 Under the charter of The City of Louisville the Common Councilmen are chosen for only one year and the Aldermen for two years from the day of their general election. They can not hold over beyond that period and their acts, resolves, and ordinances, as legislative officers of The City, after the expiration of their terms of office, are void and in no wise operative or binding upon The City.—City of Louisville v. Higdon, 2 Met., 526. In this case a Board of Common Councilmen were elected at the general City election April 4, 1857, and organized for business on the tenth of the same month; on April 6, 1858, they concurred in a resolution which had, on March 18th, passed the Board of Aldermen; a new Board of Councilmen were elected at the general election on April 3, 1858, who organized for business on April 8th; and it was held that the resolution was inoperative and void because the terms of office of the Councilmen concurring in its passage had expired on April 4, 1858.—Ib. time by a majority of the Board in session, that majority being seven members. Standing Rules of the Board of Councilmen [July 1884].—The president with three members of the Board of Councilmen shall be a sufficient number to adjourn, five to call a Council and send for absent members, and make an order for their censure and impose a fine, and a majority of said Board to proceed to business. 2. The president shall take the chair at every meeting at the hour to which the Council had adjourned at the preceding meeting; he shall imme- diately call the members to order, and on the appearance of a quorum he shall cause the journal of the preceding meeting to be read, and when approved shall at once be signed by the president in the presence of the Council, before proceeding with any other business. 3. He shall preserve order and decorum, may speak to points of order in preference to other members without rising from his chair for that purpose. He shall decide questions of order, subject to an appeal to the Council on the request of two members. 4. Business of the Council shall be: First, reading of minutes of the pre- ceeding meeting; second, communications from the Mayor and other City officers; third, reports of standing committees in order in which they stand; fourth, new business, to be called by wards, commencing at the Sixtb and Seventh wards, alternately, in regular order until all the wards are called; fifth, reports from select committees; sixth, new and unfinished business. GENERAL COUNCIL. term, and for anything said in debate they shall not be questioned elsewhere. 14. Vacancies in either Board shall be filled by election in joint session for the remainder of the term vacated. 15. No ordinance shall be passed until it shall have been read in each Board at two several meetings and free discussion allowed thereon, unless this provision be sus- 5. If the order of business is not gone through at any meeting, it shall be the duty of the president to commence where he left off at the previous meeting. 6. Questions shall be distinctly put in this form, viz: “All you who are of opinion that (as the question may be), say aye; you of the contrary opinion, say 10. 7. If the president doubt, or if a division be called for, the Council shall divide. Those of the affirmative of the question shall first’ rise from their seats, and afterwards those in the negative. The president shall thereupon decide, subject to an appeal to the Council. 8. The president shall vote upon all questions, and when the yeas and nays are called the president shall first be called, and if the Conncil be equally divided the question shall be lost. 9. The president shall have the right to name any member to perform the duties of the chair, but such substitution shall not extend beyond an adjourn- ment. He may participate in debate when out of the chair. 10. The Council, in the absence of the president, may appoint some one of its members president pro tempore during said absence. 11. The president shall appoint the following standing committees, viz: A Committee on Finance, a Committee on- Revision, a Committee on Rail- roads, a Committee on Streets for the Eastern District and also one for the Western District, a Committee on Fire Department, a Committee on Police, a Committee on Contracts, a Committee on Courthouse and City Buildings, a Committee on Printing, a Committee on Assessments, a Committee on Sewers for the Eastern District and also one for the Western District, a Committee on Wharf, a Committee on Gas and Water, a Committee on Taverns and Coffee-houses for the Eastern District and also one for the Western District, a Committee on Public Works, a Committee on Elections, a Committee on Health, a Committee on Bonds, a Committee on Education, a Committee on Public Charities, a Committee on Grievances, a Committee on Immigration, a Committee on Cemeteries, a Committee on Street Im- provements. Nocommittee shallsit during the session of the Council acccept the Committee on Revision without the leave of the Council. 12. The committee on taverns and coftee-houses shall have privilege to report at any time. Debate.—13. When a member is about to speak in debate or deliver any matter to the Council, he shall rise and respectfully address himself to Mr. President. 14. If any member, in speaking or otherwise, transgress the rules of the O47 048 GENERAL COUNCIL. pended by a vote of two thirds of all the members elect of the Board in which the proposed ordinance is pending. No ordinance shall embrace more than one subject, and that shall be expressed in its title. No ordinance shall be altered or amended in any way except by repealing ARR 16. Propositions for raising money must originate in 4In reference to the requirement that ordinances shall not be passed by both Boards of the Council at the same meeting, see Broadway Baptist Church et al. v. McAtee § Cassily et al., 8 Bush, 508, and Oyler v. City of Louisville, quoted under chapter xx1x. Council, the president shall, or any member may, call to order such member, and any member so called to order shall immediately sit down, unless per- mitted to explain; and the Council, if appealed to, shall decide on the case without debate. If the decision shall be in favor of the member called to order, he shall be at liberty to proceed; if against him, and the case requires it, he shall be liable to the censure of the Council. 15. When two or more members rise at the same time to speak, the presi- dent shall name the first to speak. 16. No member shall speak more than twice on the same question without leave of the Council, nor more than once until every member in the Council choosing to speak shall have spoken; and no member shall speak longer than five minutes without leave of the Council. 17. Whilst the president is putting a question or addressing the Council, none shall walk across or out of the Council; neither, in such case, when a member is speaking, shall any entertain private discourse, nor while a mem- ber is speaking shall any pass between him and the president. 18. Every member who shall be in the Council when a question is put shall vote on one side or the other, unless the Council, for special cause, shall excuse him. 19. When a motion is made and seconded it shall be stated by the presi- dent, or being in writing, shall be handed the chair and read aloud by the clerk. Every motion shall be reduced to writing if the president or any member desire it. 20. After a motion is stated by the president or read by the clerk it shall be considered in possession of the Council, but may be withdrawn at any time before a decision or amendments by the mover thereof. 21. When a question is under debate no motion shall be received unless to amend it, commit, postpone it, for a call of the question, or for the previous question, or to adjourn, or to lay on the table. ; 22. When a call of the question is moved and seconded, the question from the chair shall be, “Shall the call of the question be sustained?” and if the majority vote in the affirmative the chair shall then take a vote on the preceding proposition. GENERAL COUNCIL. the Board of Councilmen; but the Board of Aldermen may proposeamendments thereto, as in other propositions, provided they do not, under color of amendment, intro- duce matter not relating to the subject. 17. No individual, company, or corporation shall be exempt from duties or burdens borne by others, nor 23. The previous question being moved and seconded, the question from the chair shall be, “Shall the main question be now put?” and if the nays prevail, the main question shall not then be put, but a refusal to sustain the previous question shall not bar the Council from proceeding forthwith to the consideration of the subject. The effect of the previous question shall be to put an end to all debate, bringing the Council to a direct vote upon the amendments reported by a committee, if any, then upon pending amend- ments, and then upon the main question. 24. Any member may call for the division of a question when the sense will admit of it. 25. A motion for amendment, until it is decided, shall preclude all other amendments of the main question. 26. A motion to adjourn shall always be in order, unless the Council is engaged in voting, and shall be decided without debate. 27. Motions and reports may be committed at the pleasure of the Council. 28. No motion or proposition on a subject different from that under con- sideration shall be admitted under color of an amendment. 29. In all cases of election there shall be a previous nomination by some member of the Council. 30. If a question pending be lost by adjournment of the Council and revived on the succeeding meeting, no member who has spoken twice at the previous meeting on said question shall speak on said question again without leave. 31. Petitions, memorials, and other papers addressed to the Council may be presented by any member in his place, who shall briefly state to the Coun- cil the contents thereof, which may be received, read, and referred on the same day to the appropriate committee. 32. On a call of the Council for the yeas and nays on any question pend- ing, the names of the members shall be called alphabetically, which call may be made at any time, whena division or count may be had. 33. On the call of the Council the door shall not be shut against any mem- ber until his name shall be twice called, and then the absentees shall be noted down by the clerk. 34. No member while in debate shall name any other member present. 35. A motion to proceed or dispense with the orders of the day, to dispense with any rule of the Council, to take up an ordinance or resolution out of its regular order, shall require a majority of two thirds of the members elect; to commit or recommit shall be propounded without debate. A motion to re- consider a vote shall not be made after the next meeting of the Council at which such vote was adopted. d49 GENERAL COUNCIL. shall any exclusive privilege or immunity whatever be eranted, except as may be herein expressly allowed. 18. The General Council shall have power to pass all ordinances necessary and proper to carry into effect the powers granted in this charter. ° 5A motion for mandamus against a city council is virtually a proceeding against the corporation, and the judgment is obligatory on the members of the board of councilmen in office at the time of its rendition. It may assume the character of an individual proceeding, if it becomes necessary to enforce the orders of the Circuit Court by attachment or other process for contempt. But a change in the membership of the board does not so change the parties as to abate the proceeding. The constituent parts of the board may not be the same, but the representative body remains identical.— Maddox etal.v. Graham &§& Knox, 2 Met. 56. Where a city council is authorized and required by law to levy and collect a tax upon the real and personal prop- erty of the city sufficient in amount annually to pay off the interest upon bonds issued by the city in payment of a subscription of stock to a railroad company, and the Council refuse to do so, and there is no specific legal remedy provided for non-performance, mandamus may be maintained to compel them to discharge that duty, at the instance of holders to whom the bonds have been passed by the company. Nor is an express refusal necessary to put the defendants in fault, it will be sufficient that their conduct makes it apparent that they do not intend to do the act required—Jb. A manda- mus was awarded against the trustees of Catlettsburg to compel them to repair a street so as to prevent its being washed away by the waters of the Ohio and Big Sandy rivers, the duties of repairing the streets being in view of the peculiar facts deemed ministerial rather than legislative Trustees of Catlettsbwrg v. Kinner and others, 13 Bush, 334. See the cases of Lowisville v. Kean, 18 B. Mon., 10, and Kaye v. Kean, 18B. Mon., 839. And it was declared that where it is expressly made.a city council’s duty to keep streets in repair and the streets were suffered to get very much out of repair a writ of mandamus might issue to compel the council to have the streets repaired.— Hammar et al. v. City of Covington, 3 Met., 494. 36. The chairman of a committee to whom is referred any subject for investigation shall submit the report of the committee at the next regular meeting of the Council, or within a reasonable time thereafter; and all reports, whether in favor of or against any matter referred, shall be in writing if required by the president; and in all cases where the report is against the questions referred, the reasons for said report shall be given, but this rule shall not interfere with the right to move a reconsideration. 87. All propositions, ordinances, or resolutions which have once been rejected by the Council shall not be again introduced unless by special leave, granted by 2 vote of a majority of the members elect. 38. Every ordinance shall be read at two meetings of the Council, unless two thirds of the members elect shall vote for the dispensation of this rule. GENERAL COUNOIL. 19. No money shall be drawn from the City treasury, except upon warrant of the Auditor, made in pursuance of appropriation by ordinance. 20. The General Council shall have power to pass ordinances imposing fines not exceeding one hundred 39. The first reading of an ordinance shall be for information. Unless the rules be suspended, that it may have its second reading, the ordinance shall be referred to its appropriate committee. 40. Upon the second reading of the ordinance, the president shall state that it is ready for amendment or recommitment, and if there is no motion to amend or recommit, the question shall be on its passage. 41. Upon the passage of any ordinance appropriating moneys, or for the paving and grading of any street, alley, or for the digging or walling of any well or cistern in said City, the yeas and nays shall be taken and recorded in full. 42. No ordinance for the improvement of public ways shall be entertained by this Board unless the same be accompanied by a petition of the owners of a majority of the square feet of the ground liable, asking for the improve- ment. Provided, that this rule shall not apply to any ordinance recom- mended by the committee on streets for the district in which the public way to be improved may be situated, the committee stating that, by an actual ex- amination of the ground, they believe the improvement necessary. 43. No ordinance or resolution for the expenditure of money will be en- tertained by this Board after the appropriation for the purposes referred to in said ordinance or resolution has been exhausted. Amending Rules.—44. No standing rule or order of the Council shall be rescinded or changed, or new rules introduced, unless notice of the motion thereof has been given at the preceding meeting. 45. No standing rule or order of the Council shall be dispensed with unless two thirds of the members elect concur therein. 46. No persons except members, City officers, reporters for the City press shall be admitted upon the floor of the Council chamber unless permitted by a vote of Council; nor shall there be any smoking within the chamber during the sitting of the Board. It shall be the duty of the sergeant-at-arms to enforce this rule, with such aid as may be necessary, to be detailed by the Chief of Police. 47. No member shall leave the Council without special leave being granted. 48. That the Council shall adjourn at 10:30 o'clock Pp. M., motions and resolutions to the contrary notwithstanding. . Committee of the Whole.—49. The Council may at any time resolve itself into a committee of the whole on the state of The City. 50. In forming a committee of the whole the president shall leave the chair, and a chairman to preside in said committee shall be appointed by the president. 51. All amendments made to the original proposition in committee of the whole shall be incorporated with it and so reported. The charter act of March 3, 1870. Sec. 8. The charter, act of March 3, 1870. 104. See. GENERAL COUNCIL. dollars for any designated misdemeanor not provided for by the General laws of the commonwealth; but in cases where the general statutes of the commonwealth impose a fine not exceeding one hundred dollars, such fine may be increased by ordinance; but in no case shall a less penalty be provided by ordinance than that which is prescribed by the general statutes for the same or similar offenses. 21, Said Council may, by ordinance, secure owners of dogs the same protection of them that is by law given to other property, and lay a direct annual tax upon them in such sum as they deem proper, and provide that when the tax is paid the owner may have the protection of them enforced during that year. 22. The General Council shall have power to regulate the wharves and landings within the City Hmits, and the use of the same and charges therefor, and to improve, repair and extend them; to provide for the widening, deepening, and extending the harbors in front of The City; making basins and improvements and keeping them in repair, and to regulate the charges for the use of them; to establish and regulate ferries within The City, and prescribe the charges; to establish market-houses and markets and regulate the same, and pass all needful ordi- nances for this purpose; prevent forestalling, regrating, and engrossing, and vending unhealthy or impure articles 52. The rules of proceeding in the Board of Council shall be observed in committee of the whole so far as they are applicable. 53. A motion for the rising of the committee shall always be in order unless a member is speaking, and shall be decided without debate. 54. No ordinance for streets, alleys, sidewalks, fire-cisterns, wells, or any other improvement to be paid for by property-holders, shall be acted upon by this Board unless accompanied by a petition signed by the owners of the property represented by the majority of the square feet taxable for the pro- posed improvement, unless indorsed as a recommendation by the respective committee in charge of said proposed improvement, then only after the ordinance shall have been registered in the City Engineer’s office, and indorsed by him. 55. No resolution for footway crossings, for any kind of repairs to streets, alleys, sewers, catch-basins, bridges, gutters, covered water-ways, plank GENERAL COUNCIL. of any kind; at each market-house there shall be one market-master with police powers in addition to his other duties to be defined by ordinance; to prohibit the sale of fresh meats in small quantities in other places than in established market-houses; to prohibit wooden buildings where permanent buildings may be endangered thereby; to regulate the sale and handling of gunpowder and other inflammable or explosive substances; to regulate and protect the public ways, public grounds and buildings, and prevent encroachments upon them, and placing or leaving any obstructions upon them; to construct and repair bridges and culverts, and to pass all necessary ordinances with appropriate fines and penalties to enforce the provisions of this Section, to establish and control cemeteries according to law, and to acquire lands for that purpose, and provide by ordinance for the management and improvement of the same; to provide for the inspec- tion, weighing, measuring, or gauging of any article vendible within The City, and in what mode it shall be done; and to provide for placing numbers or other marks upon licensed vehicles, and prescribe the fees for such numbering or marking, and fines and penalties for failure of the owners to present their vehicles to be so numbered or marked. 23. The General Council shall have power to pass ordi- nances to enforce the observance of the Sabbath, with walks, or any other kind of work to be paid for out of the general appro- priation, shall be acted upon by this Board unless recommended by the respective committee in charge of the proposed improvement, and then only after an estimate has been made upon its cost by the City Engineer, and its location, classification, and cost registered in the City Engineer’s office, and indorsed by him. 56. All petitions for license for coffee-houses or taverns shall be made to the Council direct, and shall be referred to the proper committee for action who shall report at the next regular meeting. 57. All petitions for sidewalks shall be made to the Council direct, and shall be referred to the proper committee for action, who shall report at the next regular meeting. 58. In the absence of a standing rule, the Board shall have reference to “ Cushing’s Manual.” 23 The charter, act of Mareh 3, 1870. AT, Sec. GENERAL COUNCIL. The charter, act of March 3, 1870. Sec. 109 et seg. Ordinance: approved Apr: 2, 1856. appropriate fines and penalties; but those conscientiously observing another than the Christian Sabbath may be allowed to do so. 24. The General Council may annually set apart a sum, not exceeding one thousand dollars, as a Secret Service Fund, to be at the disposal of the Mayor, and any surplus of said fund not disposed of at the end of the fiscal year shall be returned by the Mayor to the treasury, and by him reported to the General Council. 29. The General Council may grant the freedom of The City, under the corporate seal, to persons for distinguished services, or for benefactions to said City. And when necessary they may grant to the destitute poor of The City supplies out of the general fund of The City. 26. All members of said Council, and all officers of said City, except those hereinafter otherwise provided, shall, before entering upon the duties of their office, make oath or affirmation before some magistrate qualified by law to administer the same, that he will perform the duties of said office faithfully and to the best of his skill and ability, in accordance with the charter and ordinances of said City, and that he will abide by and support the constitution and laws of the United States and of the commonwealth of Kentucky, and that a certificate of the same be furnished said Council. The Mayor is hereby requested to administer the oath or affirmation to any and all executive officers of said City, in accordance with that Order of Business Board of Aldermen.—\. Communications from City officials. 2. Petitions and remonstrances. 38. New claims against the City. 4. Reports from standing committees. 5. Reports from special committees. 6. Unfintshed business. 7. New business and business from the Board of Councilmen. Order of Business Board of Councilmen.—l. Communications from the Mayor and other City officers. 2. Petitions to be called by wards, com- mencing at the First and Twelfth wards alternately, until all the wards are called. 38. Reports of standing committees in the order in which they stand. 4. Reports from select committees. 5. Motions and resolutions by wards. 6. Introduction of ordinances by wards. GENERAL COUNCIL. contained in this ordinance, and furnish said Council with his certificate of the same. 27. From and after the passage of this ordinance, and its approval by the Mayor, the place of meeting of the General Council shall be in the City Hall, at the corner of Jefferson and Sixth streets. The two boards shall meet in the rooms provided for them respectively in the plan of said building. 28. The clerk of the Board of Aldermen and the clerk of the Common Council shall each keep their office in the room west of and adjoining the Mayor’ s office, in the second story of the building on the northwest corner of Siath and Jefferson streets, and their office hours shall beer 7on. 310 Clock A. M. until 12, and from 2 until 6 P. M., of each day, Sundays excepted. ® 29. It shall be the duty of the clerk of the Board of Aldermen carefully to file and preserve in bundles of con- venient size, properly marked with dates, all petitions, contracts, resolutions, ordinances, claims, reports, and all other papers or documents acted upon by the General Council, which had their origin in the Board of Alder- men, or upon which the said Board has acted separately, first enrolling the same and obtaining the signature of the president wherever such signature is necessary; and it shall be the further duty of said clerk to return to the Common Council clerk all papers which originated in that Board, and, as soon as may be after each session, prepare a concise but accurate report of the proceedings of his Board, and present the same under his signature to the City printer for publication, and to certify to the clerk of the Common Council all claims allowed at each session which have received the signature and approval of the Mayor, and which belong properly to his custody and safe-keeping. It is also made the duty of said clerk to keep a correct journal, in a plain, legible hand, of the 6The italicized portions of this ordinance are either repealed or obsolete. Ordinance, approved June 30, 1873. Ordinance, approved Apr. 11, 1856. 356 GENERAL COUNCIL. proceedings of his Board, and furnish a complete index thereto; fo act as clerk to the Mayor; to Keep a record and enter therein all ordinances which have been passed by the General Council and approved by the Mayor, as required by the City charter; to grant and certify copies of all records or papers in his possession to be used either in the courts of law or by The City. He shall take and preserve all necessary bonds from persons licensed to run vehicles, and to perform such other additional duties as may be required by the General Council under joint res- olution, or either Board or committee thereof, or the Mayor. He shall be subject to the same penalties for false entries, prescribed by Section 3, Article 13, of the City charter;7 and, in addition thereto, shall execute bond with approved security in the penal sum of five thousand dollars, conditioned for the faithful discharge of the du- ties of his office. ® 30. It is hereby made the duty of the clerk of the Common Council carefully to file and preserve in bundles 7Charter of 1851. S’The proceedings of the General Council of The City of Louisville are public records, and citizens and tax-payers are bound to take notice of the contents of such records.—Barret and others v. Godshaw, 12 Bush, 592. The clerks of the Boards of Aldermen and Councilmen in The City of Louisville are officers of the City government.—/b. The courts are bound to take judicial notice of the names and official signatures of said clerks, as in the case of any other public officer, without any other evidence than is afforded by the signature, accompanied by the usual indication of official station, such as C. B. A.and C. B.C. These letters following the signatures of persons attempting to perform duties naturally pertaining to these officers, nothing to the contrary appearing, it will be presumed that they are the legal incum- bents of the offices indicated by the letters——Jb. Copies of the journal of either Board of the Council may be used in evidence when attested as such by the clerk of that Board; copies of ordinances, joint resolutions, and other documents the result of the joint action of the two Boards, requiring the approval of the Mayor, may be used in evidence when certified by the Mayor; in making out copies of the records of the proceedings of the Gen- eral Council the proceedings of each Board should be copied separately and attested by its clerk, and those attested by the Mayor should be copied in the same manner and attested by him; the courts are bound to know who are the legal custodians of public records in this State, and it is therefore not necessary that the officer should certify that he is the keeper—a simple GENERAL COUNCIL. in convenient size, properly marked with dates, all peti- tions, contracts, resolutions, ordinances, claims, reports, and all other papers or documents acted upon by the General Council, which had their origin in the Common Council, or upon which said Board had acted separate] y, first enrolling the same and obtaining the signature of the president whenever such signature is necessary; and it shall be the further duty of said clerk to return to the Board of Aldermen clerk all papers which originated in the Board of Aldermen, and as soon as practicable after each session he shall prepare a concise but accurate report of the proceedings of his Board, and present the attestation of a copy by such officer is sufficient—J6. The journal of pro- ceedings required to be kept by the charter of The City of Louisville, should be a veritable and abiding record of the proceedings of each Board, made at the time, under the direction and control of the Board, by which all could be informed what was done there, and nothing done there should be lett to the discretion or interpretation of the clerk.—City of Louisville v. McKveg- ney, etc., 7 Bush, 657. Memoranda made by the clerk of the proceedings, intelligible to no one but himself, and from which he wrote out and had pub- lished what he understood to be the ordinances, are not such a journal, and are wholly insufficient evidence of the passage of ordinances.—Ib. Where unanimity is indispensable to the legal authority to make an order on the books of a corporation and,such order was entered of record, it should be presumed to have been made with the unanimity required, although that fact does not appear in the record—.City of Lexington v. Headley, etc., 5 Bush, 508. It has been repeatedly decided by the Kentucky Court of Appeals that orders or entries on the books and journals of a municipal corporation must be presumed to have been made in accordance with the local law.—City of Covington v. Ludlow, 1 Met., 295. An ordinance was reported to the city council of Covington, at a meeting thereof in August, 1854, and no further action thereon was had. An entirely new board, who subsequently came into office in 1856, by an order, caused the words “passed unanimous” to be added. Held, that the amendment of the entry of the proceedings of the council of 1854 was unauthorized._Ib. And the same decision holds it not to be competent to prove by extrinsic testimony that an ordinance of a city council was voted apon and passed, where the journal of the council showed only that it was reported. No presumption arose that the ordinance was passed from the fact that it was reported, nor from the fact that con- tracts were made and work performed under such ordinance.—Ib. The opinion in the case of Irvin v. Vansant, Court of Appeals, April 4, 1873, unreported, is as follows: “This case differs from the cases of The City of Louisville v. Gordon, etc., Scott, etc., v. Crofoot, and Thompson, etc., v. McClinte, in this: The ordinances under and by virtue of which the work was done were passed B07 358 GENERAL COUNCIL. same, under his signature, to the City printer for publi- cation, and to Keep a book in which he shall enter a schedule of all claims allowed at each session of the Gen- eral Council and approved by the Mayor, specifying for what service the same has been allowed, and the appro- priation to which the same is chargeable; and also all claims authorized to be paid under contract, numbering each claim or allowance, commencing with the first claim allowed in each fiscal year, and furnish the Auditor with a copy thereof after each session of the Council; also to heep a numerical list of all salaries of the City officers or enuployes, and furnish the Auditor with a copy thereof at the close of each month. It is also made the duty of said clerk to keep a journal, in a plain, legible in 1870 instead of 1869. The testimony in these three cases, which was by consent considered in the trial of this, does not impeach the journal of the Board of Common Council kept in and after the month of July, 1870. Appellants, however, deny in specific terms that the ordinances and pro- ceedings set up by appellee were ever passed or had. The only evidence conducing to sustain the material allegations of the petition in this regard is the copies of such ordinances and proceedings filed as exhibits. These papers are attested by the clerk of the Board of Aldermen. This officer no doubt has the legal authority to certify copies taken from the records in his office. It does not appear, however, and we can not presume that he is the keeper of the journals of the Board of Common Council, nor that he has authority to certify as to what appears in these journals. The exhibits, so far as they purport to be copies of the journal of proceedings had in the Com- mon Council, should not have been considered without them. It is clear that appellee did not make out his case. The damages claimed by reason of the alleged location of the improvement on portions of appellant’s lots can not as against this appellee be pleaded as a counter claim. And if it is desired to hold The City responsible therefor appellants should resort to an action at law for the purpose. But as appellee’s right to recover for the cost of the improvement depends upon whether he did or not improve High Street in accordance with the ordinances providing for its improvement, it is proper that the Court should inquire whether or not the City engineers and the con- eractors have encroached on the property of appellants. Neither The City nor the contractors have the right to convert private property into streets until it has been legally appropriated to such purposes, and if in this case any portion of the improvement is on appellant’s property, no recovery can be had against them. Upon the return of the cause it will be proper to have a survey made by an engineer agreed upon by the parties, or selected by the Chancellor, in order that this question may be settled. Either party should be allowed to take further testimony in case they desire todo so. Judgment reversed ancaused erndedma for further proceedings consistent herewith.” GENERAL COUNCIL. BO9 hand, of the proceedings of his Board, and furnish a cor- rect index thereto; to keep a record, and enter therein all joint resolutions which have been passed by the Gen- eral Council, and receive the signature of the Mayor; to administer the oath required by State statute to persons licensed to keep a tavern or tippling-house, to take the necessary bond therefor, to prepare all bonds necessary to be given, from time to time, by City officers; to grant and certify copies of all records or papers in his custody, to be used either in courts of law or by The City; to issue all apportionment warrants against owners of property for grading or paving streets, alleys, or sidewalks, or for digging and walling cisterns or wells; and*perform such other additional duties as may be required by the General Council under joint resolu- tion, or by any committee thereof, or Mayor. He shall be subject to the penalties for false entries prescribed in in Section 2, Article 18, of the City charter; and in addi- tion thereto shall execute bond with approved securitv in the penal sum of five thousand dollars, conditioned for the faithful discharge of the duties of his office. 31. The clerk of the Board of Aldermen, or the clerk of the Board of Common Council, may receive of each person liscensed to keep a tavern, or to retail liquors, one dollar; and of each person liscened to run a vehicle, twenty-five cents for the required bond. ‘They shall also be entitled to fees for copies made and certified by them, but not for copies for The City or commonwealth, at the rate of one and a half cents for every twenty words, to be paid by the person applying for the same, as the case may be.? 32. The clerk of the Board of Councilmen shall make out all apportionment warrants, both original and cor- rected, for which hens are given for improvements of public ways, and shall enter the same in a register Kept by him for that purpose, It shall be the duty of the °The italicized portion of this ordinance is repealed. Ordinance, approved Apr. 4, 1857. Ordinance, approved June 28, 1883. 360 GENERAL COUNCIN. holder of said warrant, when he shall have obtained pay- ment or satisfaction of the same, to cause said clerk to mark upon the register, ‘‘satisfied.”’ Any person receiv- ing payment or satisfaction of an apportionment warrant who shall fail to cause said clerk to mark upon the regis- ter ‘‘satisfied’’ within two days after such payment shall be fined not less than five dollars nor more than fifteen dollars for each day he shall so fail or refuse. ges See AcTS AND ORDINANCES— ADVERTISING — AUDITOR — BouND- ARY AND SUBDIVISION— CITY ATTORNEY — CLAIMS— CONDEMNATION — CoNTRACTS—CoRPORATE PowrERS— CounTy RELATIONS—COURTS OF Law — ELEcTIOoNS— ENGINEER— FINANCE— FInES AND MISDEMEANORS — Frre— Gas— HEALTH— INSPECTION, WEIGHTS, AND MEAsuURES— LI- CENSE— Marxets— Mayor— OFFICES AND OFFICERS— POoLICE— PUBLIC Ways— Rartroaps— REcEIVER oF TaxEs—SInKING FuND—SEWAGE AND DRAINAGE— TAXATION — TELEGRAPH, TELEPHONES, AND CONDUITS — TRANSFER AND TRANSPORTATION COMPANIES— TREASURER — V EHICLES —W ATER— WHARVES AND HARBORS. The opinion in the case of The City of Louisville v. Gordon et al., Court of Appeals, April 3, 1873, unreported, is as follows: “Tt is clear from the evidence in this record that the Board of Common Council during the years 1868 and 1869, did not ‘keep a correct journal of its proceeding,’ as required by The City charter of 1851. The books in the possession and custody of the clerk of that Board do not bear upon their faces the requisite evidences of authenticity; besides it is clearly proved that they were written up long after the meetings, the proceedings of which it is pretended are recorded, were held. In some instances as much as two or three months intervened. The clerk himself swears that the proceedings of the last three or four meetings held by the Board, expiring in April, 1870, were not written out until June or July of that year, and were signed by the president of the Board after he had ceased even to be a member of the Council. It is perfectly evident that the Board did not know, and had no means of knowing the contents of these books; they were written up by the clerk in his office, and privately submitted to the president for his examination and approval. From the present appearance of the books, it can be legitimately assumed that in many instances the president signed his namein advance at intervals through the books, and authorized the clerk afterward to write up the pro- ceedings of the Board; hence his signature is sometimes found in the middle of the proceedings he intended to approve, and sometimes two or three blank pages intervene between his signature and the conclusion of the particular record. We attach no special importance to the signature of this officer, but these facts conduce to show the manner in which these books were kept, and are sufficient to taint them with suspicion. A legislative body cannot keep a journal, unless it is submitted to and approved by the body itself. It GENERAL COUNCIL. is not for the clerk nor the president to determine whether or not the pro- ceedings as written out by the clerk are correct. This alone can be done by the body whose proceedings are being recorded. Our State constitution requires each house of the General Assembly to keep a journal. This con- stitutional provision has been construed by both branches of the General Assembly. The first rule of the Senate requires the speaker, immediately upon taking the chair, a quorum being present, to ‘cause the journal of the preceding day to be read.’ The first rule of the House of Representatives requires the same duty upon the speaker of that House. It is so with the Senate and House of Representatives of the Federal Congress. Notwith- standing the irregularities shown upon the face of the books purporting to be journals of the Board of Common Council, no effort was made to show that any of the proceedings therein recorded have ever been read to that Board, or in any way approved by it. In two or three instances it is shown that the reading of the journal was dispensed with, but it is nowhere proved that any portion of it ever was read to or approved by any member of the Board. A record kept in the manner indicated cannot be received as sufficient evidence of the passage and existence of laws under which the most onerous and oppressive taxation is sought to be imposed upon private citizens. The tax payers have the right to demand that the municipal laws by which they are to be governed shall be regularly passed in accordance with the pro- visions of the City charter, and that the journals of the law-making department shall be kept by the respective branches, and not left to the discretion of the clerk or president.—City of Louisville v. McKegney, 7 Bush, 653. The fact that ordinances passed in the years 1868-1869 have in some cases been upheld by this court, only proves that parties resisting their enforcement did not make the proof presented in this case, The effect of the twelfth Section of the act to amend the charter of Louisville, passed March 3, 1871, (Sess. acts 1571, page 326,) remains to be considered. This Section provides, ‘that the charter, laws, and ordinances of The City of Louisville, as published in Elliott’s aizest of the charter, acts and ordinances of the said City, from the year 1780 to the year 1869, shall be regarded as correct, and shall be held and received as prima facie evidence in the courts of the State of Kentucky; and that the proceedings of the General Council of said City, as heretofore published in the newspapers of said City, selected and declared by the General Council to do the printing and publishing of said City, shall be received as evidence prima facie in the courts of the State of Kentucky.’ Waiving any question of the power of the legislature to so vitalize this digest and these published proceed- ngs, as to affect controversies which had previously arisen, it is sufficient in this case to say that appellant did not present nor rely upon the proceedings of the Board of Common Council as published in these newspapers. News- papers themselves were not offered in evidence, and the copies of ordinances and proceedings filed with the petition do not purport to be taken from these publications. The fact that they are attested by the clerks of the two Boards shows conclusively that they were not taken from such publications, as these officers are not required nor authorized to keep them, nor to certify copies from them. The chancellor properly dismissed Gordon’s petition as to the property-holders, and properly rendered judgment against The City.” 361 CHAPTER XXVIT. HEALTH. CONTENTS. 1. Provision for Health; members. 2. The Board to be rgulated and governed by ordinance. 3. Duties of the Board. 4. They shall recommend sanatory ordinances. 5. Powers of the Council to effect- uate sanatory measures. 6. The Board of Health estab- lished; how constituted; Health Offi- cer. ~] Organization of the Board. The clerk to the Board. 9. Salary of the Health Officer. 10. Duties in general of the Board of Health. 11. Powers of the Health Officer , in respect to sanitary nuisances. co 12. Proceedings upon non-comphi- ance of the owner with the Health Officer’s order. 13. Precautions about infectious or contagious diseases. 14. Vaccination of. others required. minors and 15. Duty of the Board in reference to vaccination. 16. Annual report of the Board to the General Council. 17. All deaths within The City to be certified by attending physicians. 18. Undertakers shall not remove bodies for burial unless with permis- sion of the Board of Health. 19. In the absence of a certificate inquiries may be instituted or an inquest held. the Board of 20. Sextons and others shall require the burial permit of the Board of Health as a condition of all inter- ments by them. 21. A register of deaths and inter- ments to be kept. 22. The Board of Health to secure the enforcement of sanatory ordi- nances. : 23. Office hours of the Health Offi- er. 24. Violation of this ordinance a misdemeanor. 25. The offering for sale of certain unwholesome food prohibited. 26. Animals in an unsound and unhealthy condition not to be bought tor slaughtering purposes. 27. The slaughtering, dressing, or hanging of animals in public places prohibited. 28. The slaughtering of animals in a feverish or overheated condition prohibited. 29. The sale of certain cattle, meat, and milk prohibited. 30. Unwholesome meat not to be offered for sale for human food. 31. Certain calves, pigs, and lambs not to be offered for sale for human food. 32. Cattle intended for food to be kept in healthful places. 33. The cleansing of fish in public markets prohibited. 34. Venders of milk required to obtain permits. 35. Marks of identification on milk wagons. HEALTH. 36. Grocers, bakers, and others sell- 39. Violation of prohibitory pro- ing milk must advertise the dairy- | visions a misdemeanor; fine. men supplying them with the same. 40. Ward physicians to assist in 37. The sale of swill-milk andthe | Vaccination. butter and cheese made therefrom 41. Election and term of office. prohibited, 42. Shall be governed by the Board 38. The sale of decayed or dam- | of Health. aged vegetables and fruits prohibited. 43. Compensation and occupation. 1. A Board of Health may be established, of which the Mayor, Chief of Police, Physicians of the Eastern and Western Districts, The City Engineer, and such others as The Council may provide, shali be members. 2. The duties, places, and times of meeting, and officers of said Board, shall be defined by ordinance. 3. They shall see that all ordinances for the preserva- tion of the health of the inhabitants of The City shall be enforced, and recommend such ordinances from time to time to the General Council as they deem proper for the abatement and prevention of nuisances, and for the pre- vention of the introduction and spread of diseases, con- tagious, infectious or otherwise. 4. They shall also recommend such ordinances as they think best to regulate the sale of drugs and medicines, and prevent the sale of substances deleterious to health. 9. The General Council shall have power to pass ordi- nances, with adequate fines and penalties, to carry into effect such rules and regulations as they may deem proper on these subjects, not in conflict with the laws of the State. 6. A Board of Health is hereby established, and that in addition to the officers named in Section %7 of the City charter as members of the Board of Health, there shall be elected by the General Council in the month of March, 1879, and in that month every sec- ond year thereafter, six physicians, one from every two wards, who shall serve without pay; and in addition to these the General Council shall in the month of March, 363 The charter, act of March 3, 1870. Sec. 97. Ordinance, approved May 17, 1879. 364 HEALTH: 1879, and in that month every two years thereafter, elect a Health Officer. 7. The said Board thus constituted shall organize within ten days after the election of the above-mentioned physi- cians, and elect its president. 8. The clerk of the Chief of Police shall be the secre- tary of the said Board of Health. 9. The salary of the Health Officer shall be twelve hundred dollars per annwm, payable out of the City treasury in monthly installments. 10. The duties of the Board of Health shall be to watch over the sanitary condition of The City; to care- fully guard against all causes of diseases, to use all Known measures to prevent the introduction and spread- ing of contagious or infectious disease, and to perform such other duties as time and experience may determine necessary to promote the health of the inhabitants of this City. 11. To enable the Board of Health to perform the du- ties imposed by this ordinance, the Health Officer is hereby empowered and authorized to order the removal, abatement, or prevention of any and every sanitary nuisance in The City of Louisville that may not require proceedings in court, and specify a -reasonable time within which it shall be done. 12. In the event of the failure of the owner, agent, or occupant of the premises to comply with the order of the Board of Health or Health Officer so to remove, abate, or prevent any sanitary nuisance within the time given, he or she shall be liable to a fine in the City Court of not less than ten nor more than twenty dollars, and it shall be the duty of the Health Officer to institute proceedings in said court to enforce the removal, abatement, or pre- vention of such sanitary nuisance. 13. When a proper complaint is made, or a reasonable belief exists, that an infectious or contagious disease pre- vails in any locality or house, the Board of Health shall HEALTH. ‘sause such locality or house to be visited by the Health Officer for the purpose of inspection, and when such infectious or contagious disease is found to exist, the Health Officer is hereby empowered to send the person or persons so afflicted to the Eruptive Hospital, or to such other place as may hereafter be provided for the recep- tion of such persons. And in case any person so afflicted shall refuse to leave his house, it shall be the duty of the occupant of such house to warn the public of the exist- ence of such disease by the display of a yellow flag from any portion of the premises designated by the Health Officer; such flag to be furnished by the Board of Health. 14. That every person, being the guardian or having the care, custody, or control of any minor or other indi- vidual (excepting such as have had small-pox or vario- loid), shall cause and procure such minor or individual to be so promptly, frequently, and effectively vaccinated, that such minor or individual shall not take, or be liable to take, the small-pox. Any person violating this Section shall be liable to a fine in the City Court of not less than ten nor more than twenty dollars, and shall also be liable to a like fine for every ten days thereafter they shall delay having the operation of vaccination performed. 15. It shall be the duty of the Board of Health to pro- vide suitable measures for vaccinating any and all persons who may not be able to pay for the performance of said operation, and to issue and publish instructions in regard to the proper manner of vaccinating. 16. It shall be the duty of the Board of Health, on or before the first day of March of each year, to make a re- port in writing to the General Council of this City upon the sanitary condition and prospects of said City; and said report shall set forth generally the statistics of deaths, étc., the action of said Board and its officers, and their names, and may contain such other useful information and shall suggest such legislative action as may be deemed necessary for the protection and preservation of life and health. 365 366 HEALTH. 17. Whenever any person shall die in The City of Louisville it shall be the duty of the physician who at- tended during his or her last illness, or the coroner when the case comes under his notice, to furnish, within twenty- four hours after such death, to the family of the de- ceased, or to the undertaker, or other person superintend- ing the burial, a certificate setting forth, as far as the same can be ascertained, the name, sex, color, whether married or single, age, date, and cause of death, and the duration of last illness; and where no physician has been in attendance, the undertaker or family of the deceased shall notify the Health Officer of such fact. 18. No undertaker or other person superintending the burial shall remove any dead body for burial or shipment without having first obtained the permit of the Board of Health so to do, and in order to obtain such permit he shall present to the Health Officer the certificate of the attending physician or the coroner. To said certificate the undertaker, or other person superintending the burial shall, as faras the same can be ascertained, add the occu- pation of the deceased, the place of birth, the time of residence in The City, the date and place of interment, number of house and street in which the death occurred, and in case the deceased is a minor, the full name of father and mother. 19. In case any person die without the attendance of a physician, or if the physician who did attend refuse or neglect to furnish the certificate as required in this ordi- nance, the Health Officer is hereby empowered to in- stitute inquiries into the case, or he may call upon the coroner to hold inquest before the burial is permitted. 20. No person having charge as sexton or otherwise, of any vault, burying-ground, or cemetery within the jurisdiction of the General Council shall inter or place, or allow to be interred or placed, in any vault, burying- eround, or cemetery, the dead body of any person with- out having first obtained from the undertaker, or other HEALTH. person having charge of such dead body, the burial permit of the Board of Health. 21. It shall be the duty of the Board of Health to keep a correct register of deaths and interments, which regis- ter shall contain an exact copy of all such certificates of deaths and interments as shall be reported to it; and the Board of Health shall keep on hand, at all times, a sup- ply of blanks for gratuitous distribution to all persons whose duty it may be to make returns under this ordi- nance. 7 22. It shall be the duty of the Board of Health to make such regulations as shall secure the enforcement of this and all other ordinances that have been or may be passed by the General Council in regard to the preserva- tion of life and health and the prevention of disease. 23. The Health Officer shall be on duty from 9 A. mM. to 12 mM., and from 2 P.M. tod P.M., daily, except Sunday, at his office in the City Hall. A violation of this Section on the part of the Health Officer will be sufficient reason #0 cause him to vacate his office. 24. Any person offending against any of the provisions of this ordinance (except Sections 4 and 6!°) shall be guilty of a misdemeanor, and liable to a fine in the City Court of not less than one nor more than twenty dollars. 25. No person shall bring into The City, or sell or offer for sale in any market, public or private, any cattle, sheep, hog, or lamb for slaughtering purposes that are pregnant or in an unhealthy or unsound condition, nor any meat, fish, game, or poultry that is diseased, unsound, unwholesome, or that for any other reason is judged to be unfit for human food (the fact of any cattle, sheep, hog or lamb being in any stock-yard or slaughter-house pen shall be considered that the same is being exposed there for sale); and the fact that any carcass or part thereof of any cattle, sheep, hog, or lamb is found in any 10Sections 12 and 14, preceding. 367 An ordi- nance to pre- vent the sale of unwholesome articles of food. Approved Oct. Perle 281 et seq. 368 HEALTH. slaughter-house or any public or private market or place, dressed and prepared as such meats usually are for mar- ket, shall be deemed sufficient evidence that the same is on sale; and no animal nor any part therof, nor any fish, game, or poultry that has been inspected and condemned by the Board of Health or any of its officers, shall be held, sold, or offered for sale for human food in this City. 26. No person or persons shall buy or offer to buy, for slaughtering purposes, in any stock-yard, street, or alley, or in any market, public or private, in this City, any cattle, hogs, sheep, or lambs that are pregnant or in an unhealthy or unsound condition. 27. No animal of any kind shall be slaughtered, dressed or hung, nor part of the meat thereof, wholly or in part, within any street, avenue, or sidewalk, or public alley or place in this City. 28. Nor shall any animal be slaughtered while in a feverish or overheated condition, and the meat of any such animal shall not be held, sold, nor offered for sale for human food in this City. 29. No person shall bring into this City, or sell or offer for sale, any cattle unfit for use, or cattle which have been exposed to or are liable to communicate the ‘‘ cattle disease,’’? nor the meat nor milk of any such cattle. All such cattle, meat, and milk shall be confiscated and destroyed. 30. No cased, blown, raised, plaited, putrid, impure, or unhealthy or unwholesome meat, nor the meat of any animal that may have died of disease or accident, or fish, birds, or fowls, shall be held, bought, sold, or offered for sale for human food in this City. 31. No calf, pig, or lamb, nor the meat. thereof, shall be bought, sold, or offered for sale for human food in this City which, when killed, was less than one month old. 32. No cattle shall be kept in any place of which the water, ventilation, and food is not sufficient and whole- HEALTH. 369 some for the preservation of their health and good condition for food. 33. Fish shall not be cleansed of their scales or entrails in any public market where they may be offered for sale. 34..No person shall bring or send into this City for sale any milk without a permit to do so from the Board of Health, such permit to be furnished gratuitously by said Board to all applicants, on condition that none but pure and undiluted milk be sold within the City limits, and subject to the approval of the Health Officer. 39. All milk wagons shall have the name of the owner and the number of the wagon painted thereon plainly and legibly. 36. All grocers, bakers, and other persons having or offering for sale milk shall at all times keep the name or names of the dairymen:from whom the milk for sale was obtained posted up in a conspicuous place wherever such milk may be sold or be kept for sale. 37. No person shall offer or have for sale in this City any unwholesome, watered, or adulterated milk, or milk known as swill-milk, or milk from cows that for the most part are kept tied up in stables, or that are fed on gar- bage, swill, or other like deleterious substances, nor any butter or cheese made from such milk. 38. No person shall sell, hold, or offer for sale, or bring into The City any decayed or damaged vegetables or fruits. 39. Any person or persons violating the provisions of any section of this ordinance, on conviction thereof, shall be deemed guilty of a misdemeanor, and shall be fined for each offense not less than twenty nor more than one hundred dollars in the City Court. 40. There shall be appointed one physician to each ward, whose duty it shall be to report to the Health Officer for the purpose of assisting himin the enforcement of the ordinance in regard to compulsory vaccination. 24 370 HEAT YH: 41. Said physicians shall be elected by the General Council, at such time as may hereafter be specified by resolution of the General Council, and shall hold office for not exceeding two months. 42. They shall be subject to the laws and regulations of the Board of Health, and shall be governed by said Board in the performance of such duties as shall be imposed upon them by said Board. 43. Said physicians shall receive compensation for their services at the rate of one hundred dollars per month, and shall devote the whole of their time during municipal office-hours to the work assigned them, and shall under no pretense engage in any other occupation during such office-hours. kes” See CHARITIES AND CORRECTIONS—BURIALS AND BURYING-PLACES —ENGINEER—F INES AND MISDEMEANORS—-GENERAL CoUNCIL—MARKETS —PuBLIC WAYS. OPEL Abe by bye xe Ve LL INSPECTION, WEIGHTS, AND MEAS- URES. CONTENTS. 1. City Weigher and Inspector; election and term. 2. Location of office; office hours. 3. Office, scales, beams, balances, and weights to be provided by him; duties. 4. Tests and certification thereof by the Sealer of Weights and Meas- ures for Jefferson county. 5. Bond of the City Weigher. 6. Payment of fees. 7. A register to be open to in- spection by certain persons. 8. Deputies and their oath. 9. Accounts and reports. 10. His duty of weighing and cer- tifying. 11. The weighing, inspecting, and marking of baled hay and baled straw. 12. Certification of weight and the results of inspection; fees allowed for such service. 13. Fine for changing the marks of an inspector of hay. 14. Fines for fraud and imposition by holders of certificates. 15. Fines for selling or offering for sale uncertified articles as certified. 16. The Weigher protected from hindrance and interference in the performance of his duties. 17. Tariff of fees. 18. Net weights to be ascertained and allowances made for tare. 19. The Weigher to have no inter- est in articles weighed by him. 20. Inspectors and measurers of brick- and stone-work; election and term of office. 21., General duties. 22. Office to be located within The City and the officers to have exclusive right and authority in their service. 23. The standard of measurement of brick-work; of stone-work. 24. Fees of office. 25. Bond required. 26. Coal, wood, and lime; as much as twenty bushels of coal shall not be sold unless duly weighed. 27. Dealers may select weighers, subject to approval. 28. Oath required of weigher. 29. Mayor’s certificate. 30. Fines for illegal weighing. 31. Coal dealers to have their scales tested by the Sealer of Weights and Measures. 32. Fine for selling coal in as large quantity as twenty bushels un- weighed; exceptions. 35. Drivers’ tickets. 34. Fines of dealers on detection of short weights. 35. Fine of weighers for neglect- ing to have weights, scales, and beams tested. 36. The duties of inspectors, weigh- ers, and measurers of coal, wood, and lime. r 37. Stone-coal classified in classes. four 38. Inspectors, weighers, and meas- urers of coal, wood, and lime; to be 372 An ordin- ance creating [Mavevecospeseaireeh veme City Weigher and Ins spector, defining his INSPECTION, WEIGHTS, AND MEASURES. ready to perform the service of their office at all times; marking of ve- hicles. 39. Location of office; report of violation law to the City Attorney; and quarterly reports to the Council. 40. Fine for unauthorized inspect- ing, weighing or measuring of coal, wood, or lime. 41. Bond required of inspectors, weighers, and measurers. 42. The standard measure of a-cord of wood. 3. Wood may be corded for in- spection. 44. The standard bushel of lime; classification of lime. 45, Fees of inspectors, and measurers of coal, lime. 46. Flour inspection in The City; regulated by the Board of Trade. 47.. Ice sold from wagons; to be weighed; fine. 48. Liquors, oils, and other liquids; percentage hydrometer adopted; duties of inspectors and gaugers. 49. Condemned casks. 50. Fine for fraudulent alteration of marks. 51. Fine for neglect of duty and for fraudulent marking. Value of condemned barrels. 53. Quarterly reports. 54. Tariff of fees. 55. Prime & McKean’s combina- tion rod and scale adopted. 56. The election of two inspectors ot beef, cattle, hogs, and sheep pro- vided for. 57. Terms of office. 58. Appointment and pay of dep- uties. 59. Pecuniary interest of inspect- ors or deputies in live stock. 60. Duties in general. 61. Monthly reports. 62. Tariff of fees. weighers, wood, and uO a So) ~ 33. Oath and bond. 64. The office of measurer of lum- ber created; election, duties, and fees. 65. Removal from office tor cause. 66. Shall measure lumber brought to The City. 67. Fees receivable. 68. Pork, beef, lard, tallow, and butter; fees which inspectors shall be entitled to. 69. Duties. 70. Salt; fees which shall be entitled to. 71. Duties. 72. Officers of inspection, ete., gen- erally shall not be interested in such articles as are inspected by them, under penalty. 73. An inspector, weigher, and registrar for the warehouses in Jef- ferson County; under the control of the Board of Trade and the Jefferson Court of Common Pleas. inspectors 74. Warehousemen’s rates of stor- age, charges for receipts and deliy- eries. 75. Responsibilities and duties of public warehousemen. 76. Proper care and vigilance to be exercised. 77. Common law made statutory. responsibility 78. Removal of grain on notice. 79. Sealer of Weights and Meas- ures for Jefferson County; office created; election, term, bond, reports, deputies. 80. General duties. 81. Additional inspections. 82. Refusal to permit inspection punishable by fine. 83. Schedule of fees. 84. All previous acts repealed. 85. Amendment of the schedule of fees. . 86. All previous and conflicting acts repealed. 1. In the month of November of each year, the General Council of The City of Louisville shall, in joint session, elect a City Weigher and Inspector, whose term of office shall expire in one year from his election, or whenever INSPECTION, WEIGHTS, AND MEASURES. his successor shall be elected and qualified; and every year thereafter said City Council shall elect a City W eigher and Inspector to serve one year, or until his successor be elected and qualified. ! | 2. Such officer shall be styled the City Weigher and Inspector of The City of Louisville, and shall have and keep his office in the center of the business portion of The City, or of that portion wherein his services shall most likely be required, or as near thereto as practicable, and he shall be in attendance at the same time, either in person or by deputy, daily thoughout the year (excepting on national or state holidays and on Christmas day), pre- pared to discharge all his official duties, during the months of December, January, and February, from 8 o'clock A. mM. until 5 o’clock P.M., and during the other months of the year from half past 7 o'clock A. mM. until 6 o'clock P. M. 3. He shall provide for his use, and at his own expense an office, suitable scales, beams, balances, and weights, tested and approved by the Sealer of Weights and Measures for the County of Jefferson and City of Louis- ville, and, when requested, shall weigh any article of commerce and deliver to the applicant a certificate of the weight thereof; keep a register, in a suitable book, of all articles weighed, with the date, number of pounds, the kind of article weighed, by and for whom weighed, and the amount of fee received by him for such weighing. 4. The City Weigher shall cause all the weights, scales, and balances used by him in his business to be tested by the Sealer of Weights and Measures for the County of Jefferson and City of Louisville at least once in every six months, and oftener if necessary, and receive a cer- tificate thereof, to be preserved and filed by him, all to be done at his own expense. d. Within one week after his election the City Weigher, 1The Section numbers above are identical with those of the ordinance as far as Section 18. 373 duties and reg- ulating the fees of his office. Passed Oct. 21, 1875. et seq. sec. 1, S74 INSPECTION, WEIGHTS, AND MEASURES. before he shall enter upon the duties of his office, shall give bond in the sum of three thousand dollars to The City of Louisville for the faithful and impartial discharge of his duties, with at least two good sureties, to be approved by the General Council. 6. All fees allowed to be charged by this ordinance shall be paid by the person requesting such weighing to be done, unless otherwise specially provided for by law or by the owner of the article weighed. 7. The register of the City Weigher shall at all times be open to the inspection of any person interested in any weighing done by the Weigher, to the members of the General Council or any committee thereof, and to the Mayor of The City. 8. The City Weigher may appoint his deputies, who shall take the same oath required to be taken by the City Weigher, and shall give bond with two sureties in the sum of two thousand dollars. 9. The City Weigher shall keep an abstract in a book and register of the number, kind, and amount of articles of merchandise and produce weighed by him, and the fees received therefor, and report the same under oath to the Mayor quarterly on the first meeting of the General Council after the first days of January, April, July, and October of each year. 10. It shall be his duty to weigh all pig-iron, pig-lead, and baled hay and baled straw, or other articles and things which he may be requested to weigh, and he shall give his certificate thereof to the seller of the article weighed, who shall pay all legal fees due for such weighing. 11. It shall be his duty to carefully weigh and inspect all baled hay and baled straw which shall be offered for inspection by him, and for the purpose of such inspection he shall use such instrument as he shall deem necessary for a thorough inspection thereof, and shall classify the same and mark it accordingly, with the weight of each INSPECTION, WEIGHTS, AND MEASURES. bale, as follows: Number one, prime; number two, good; number three, damaged; cipher, condemned. The last class, condemned, shall comprise such as the City Weigher and Inspector shall be satisfied was baled with a view (by the party baling or causing it to be bailed) of defraud- ing purchasers by the incorporation of foreign substances in such bale to increase the weight thereof. It shall further be the duty of the*City Weigher and Inspector, in all bales of hay inspected by him bound with wooden hoops of staves or ropes, or hoops of any kind, to care- fully estimate the weight thereof, and deduct the same from the weight of such bales, marking every bale with its net weight. 12. The City Weigher and Inspector shall give certifi- cates of the weight and quality of the hay or straw weighed and inspected by him to the person having the same weighed and inspected, and he shall keep a correct abstract of every certificate in a book to be kept at his office; and for his services as such Weigher and Inspector he shall be entitled to demand and receive forty cents per ton for each ton of hay or straw weighed and inspected, the fee to be paid by the person for whom such inspection was made, twenty cents for the weighing and twenty cents for the inspection thereof. 13. Any person changing the marks or brands of the inspector of hay, either as to weight or quality shall, upon conviction thereof, be fined not less than twenty nor more than one hundred doUars. 14, Any person who shall have had any article inspected or weighed as aforesaid, and received a certificate of the inspection and weight thereof, who shall sell a part thereof and afterward sell or offer to sell the remainder as for the quantity called for in his certificate, or shall change, alter, or in any manner falsify the certificate of the Inspector and Weigher, or shall suffer any of these things to be done shall, upon conviction thereof, be fined not less than twenty nor more than one hundred dollars for each offense. 375 O76 INSPECTION, WEIGHTS, AND MEASURES. 15. If any retailer or other person shall sell, or offer to sell, any baled hay, pig-iron, pig-lead, or baled straw, or other thing, under pretense of a weigher’s certificate obtained under and by virtue of the weight of another and different lot from the one he sells or offers for sale, he shall pay a fine of not less than one hundred dollars. 16. Any person who interferes with the public scales or the Inspector and Weigher while in the discharge of his duty, by demanding or exacting more weight of and for the article weighed than what he declares it to be, or by threatening or menacing him, or by using harsh or abusive language to him while in the discharge of his duty asa public officer, or who shall cause any noise or dis- turbance in or about his office, or who shall interfere with any person or persons who are about to have weighing or inspecting done, or who have already had the same done, by menacing or otherwise abusing them therefor, or by using unseemingly profane or offensive language toward him or any of his deputies, shall be deemed guilty of a misdemeanor, and shall be fined therefor not less than fifty dollars nor more than one hundred dollars for each offense. 17. The City Weigher and Inspector shall be entitled to receive for his services for weighing the following fees, and no more, to be paid by the person employing him, to wit: For corn, wheat, rye, oats, barley, flaxseed, and bran, in barrels, tierces, hogsheads, sacks or boxes—For 50 packages or under, 2 cents per 100 pounds; for over 50 packages and not over 200, 14 cents per 100 pounds; for 200 packages and not over 500, 14 cents per 100 pounds; for 500 packages and upward 1 cent per 100 pounds. For sugar in hogsheads— For 5 hogsheads or under, 25 cents; over 5 and not exceeding 10, 20 cents; for over 10 and not exceeding 20, 15 cents; for over 20 and not exceeding 30, 124 cents; for over 30 and not exceeding 50, 10 cents; for over 50 and not exceeding 100, 8 cents; for over 100, 64 cents for each hogshead. For sugar in barrels or boxes — For 20 or un- INSPECTION, WEIGHTS, AND MEASURES. der, 10 cents; over 20 and not exceeding 50, 6 cents; over 50 and not exceeding 100, 5 cents; 100 or upward, 4 cents for each barrel or box. For coffee in sacks or barrels — For 20 or under, 5 cents; over 20 and not exceeding 50, 3 cents; over 50 and not exceeding 100, 24 cents; over 100, 2 cents for each sack or barrel. For hemp— For 5 tons or less, 40 cents; over 5 and not exceeding 10, 30 cents; over 10 and not exceeding 50, 20 cents; over 50 tons, 15 cents for each ton. For lard in barrels — For 25 barrels or less, 6 cents; over 25 and not exceeding 50, 5 cents; over 50 and not exceeding 100, 4 cents; over 100, 3 cents for each barrel. For lard in kegs — For 25 or less, 14 cents; over 25 and not exceeding 50, 1 cent; over 50 3 of a cent for each keg. For lead and iron and _ other metals — For 5 tons or less, 30 cents; over 5 tons and not exceeding 10 tons, 25 cents; over 10 tons, 20 cents for each ton. For hides— For the first 100, 1 cent apiece; over 100, $ cent apiece for each hide. For peltries — the same as herein provided for hemp. For bacon in meat and bulk, or for pork — For 5 tons or less, 40 cents; over 5 and not exceeding 10 tons, 30 cents; over 10 and not exceeding 20 tons, 25 cents; over 20 tons, 20 cents for each ton. For cotton in bales— For 10 bales or under, 15 cents; over 10 and not exceeding 20, 10 cents; over 20 and not exceeding 50 bales, 8 cents; over 50 and not exceeding 100, 6 cents; over 100 bales, 5 cents for each bale. For pearlash, saleratus, blacksalts, potash, or any other article of merchandise not herein enumerated — For 20 casks or barrels or under, 5 cents per cask or barrel: for any number over 30, 4 cents per cask or barrel. 18. In weighing the Weigher and Inspector shall ascer- tain the net weight of allarticles weighed by him, allowing ‘for tare the just and proper number of pounds, as ascer- tained by him from weight and actual experience and the custom of weighers, and merchants and dealers in such articles as are weighed by him. 19. The Inspector and Weigher herein provided to be elected shall not be interested, directly or indirectly, in any article inspected or weighed by him. SS oa INSPECTION, WEIGHTS, AND MEASURES. An ordin- ance providing for the election of the inspect- or and meas- urer of brick and stone work and defining their duties. Approved May 2, 1855. “Sec. 1, et seq. 20. The General Council shall hereafter, in the month of April of each year, upon joint ballot, elect two persons as inspectors and measurers, of brick and stone work, who shall hold their office for one year from the date of their election and until their successors are elected and qualified. 21. Each inspector and measurer of brick and stone work shall at all times (holidays excepted) be ready to perform any of his duties, and when required shall promptly and justly inspect and measure any brick and stone work, and certify to said inspection and measure- ment, and in all respects execute the duties of his office faithfully, under the penalty of twenty dollars for any violation thereof. 22. They shall keep their office within the corporate limits of The City of Louisville, and no person beside them, duly elected by the General Council, shall, for profit or hire, inspect and measure brick and stone work within said limits of said City under the like penalty of twenty dollars. 7 23. The standard measurement of brick work shall be twenty-one brick to the cubic foot, making the deduction for all openings, save and except fire-places, flues, and hollow walls. The standard measurement of stone work shall be twenty-five feet for each and every perch, measuring walls without any deduction for openmgs whatever. In no case in the measurement of brick and stone work shall any deduction be made for mortar. 24. The inspectors and measurers shall charge and be allowed one and a half per cené. upon all jobs of two hundred dollars and more in value, and on all jobs of less value than said sums two per cent. as fees of office. 25. They shall each, before entering upon the duties of their office, give bond in the sum of five hundred dollars, with good security, to be approved by the General Council, for the prompt and faithful discharge of their office duties. INSPECTION, WEIGHTS, AND MEASURES. 26. From and after the passage of this ordinance it shall not be lawful for any dealer in cannel, anthracite, or bituminous coal to sell as much as twenty bushels thereof in The City of Louisville, unless the same shall have been weighed by the City Weigher, or by a weigher engaged by or in the employment of such dealer. 27. Every dealer in such coal may select his own weigher, and shall pay him for his services, and such weigher shall not be authorized by the Mayor to act as weigher unless he is capable of attending to the business of weighing coal. 28. No person shall act as such weigher until he shall have made oath before the Mayor that he understands the act and business of weighing coal, and that he will faith- fully and impartially discharge all duties that may be required of him as a weigher of coal by the City Council of Louisville, and comply with all laws in force in regard to the weighing of coal, and those to be enacted. 29. Whenever such oath shall be taken and as required, the Mayor shall issue to such weigher a certificate that he has taken the oath as required by law as the weigher ‘of the person at whose instance he was sworn, and that he is authorized to act as such. 30. Any person who shall act as weigher of coal who has not complied with the above requirements, shall be fined not less than twenty nor more than fifty dollars; and any coal dealer who shall permit any person to weigh coal, sold or to be sold, by such weight on his scales, with his knowledge and consent, shall be fined not less than fifty nor more than one hundred dollars; Provided, that such dealer, in cases of sickness or unavoidable absence or death of the weigher employed by him, shall cause a deputy weigher to be duly qualified as above required, but who shall act only as the deputy of such weigher. 31. Every dealer in coal shall have his scales tested by the Sealer of Weights and Measures for the County of Jefferson and The City of Louisville, at least as often as An ordin- ance regulating and providing for the weigh- ing ote oor. whensold. Ap- proved Apr. 3, 1880. Sec. 1 et Seq. 9 INSPECTION, WEIGHTS, AND MEASURES. once every two months, if such scales be not under a cov- ering or shed and protected from the weather; and if his scales be protected from the weather, he shall have his scales tested by the Sealer of Weights and Measures at least once every four months. 32. Any person whoshall sellas much as twenty bushels of coal without weighing the same as provided in this ordinance, except by express contract, shall be fined not less than twenty-five nor more than fifty dollars; Pro- vided, that whenever the Ohio River shall overflow the scales now used by the coal dealers in this City for weigh- ing coal, so that they can not be used for that purpose, and only in that event, the weigher of each dealer whose scales are so submerged shall estimate each load sold, and give his certificate accordingly. But all scales hereafter erected by coal dealers shall be placed above high water mark. If a coal dealer has no seales of his own, or his are out of repair or submerged, he shall go to some scales where there is an authorized weigher of coal. 33. Every person weighing coal under the provisions of this ordinance shall give to the driver of the vehicle, in which the same is hauled and delivered, a certificate or ticket of the weight thereof, and it shall be presented by the driver to the person to whom such coal is to be delivered, or to his agent; and he shall not deliver such coal until said ticket be signed by said purchaser or his agent, or unless, after reasonable search, such person or his agent can not be found. 34. Any person believing that any load of coal offered to be delivered to him does not weigh as much as the ticket represents, shall have the same weighed and take a certificate of the weight, and if it shall be that said load is as much as twenty-five pounds short in weight, or as much as twenty-five pounds less weight than represented in the ticket, the dealer so offering to sell said coal shall be fined for each offense not less than ten nor more than twenty dollars. Butif it shall turn out on the weighing of such load of coal that it is not deficient in weight, INSPECTION, WEIGHTS, AND MEASURES. then the person having the same weighed shall be lable to the coal dealer for the detention of his team and hand, and also for the cost of weighing same. 35. Any person who shall weigh twenty bushels of coal, or cause the same to be weighed, within The City of Louisville, without using such weights, beams, and scales as Shall have been first examined, tested, and sealed by the Sealer of Weights and Measures for the County of Jefferson and City of Louisville, shall be fined not less than twenty nor more than one hundred dollars. 36, Hach inspector, weigher, and measurer of coal, wood, and lime shall, by himself or deputy, when re- quired, inspect and measure all stone-coal sold by whole- sale, and class the same, according to quality, and shall estimate two thousand six hundred and eighty-eight cubic inches as a bushel, and give the seller a certificate of the quantity and quality thereof, and shall in like case in- spect and weigh all stone-coal sold by retail, estimating sev- enty-six pounds of screened, or eighty-four pounds of unscreened coal as a bushel, and shall give the driver of the vehicle carrying it a certificate specifying the quan- tity by weight such vehicle contains, and the quality of coal, and also the names of the seller and purchaser, ana the seller shall furnish each driver of a vehicle loaded with stone-coal a certificate ef the name of the seller, and to whom the coal is to be delivered, which certificate shall be filed by the inspector. 37. All stone-coal shall be classed as one of four classes, and whenever the greater part 1s slacked or in a pulver- ized state, it shall be rated in the fourth class, and a fair deduction of weight shall be made on account of mud or water therein. 38. Each inspector, weigher, and measurer of coal, wood, and lime shall, in person or by deputy, be at all times (Sundays excepted) in readiness to perform any duty connected with the office. He shall measure, mark, and certify vehicles for the conveyance of coal, wood, Ordinance, approved May 12, 1854. An ordin- ance prescr ib- ing the duties of inspectors, weighers, and measurers of coal, wood, and lime. Ap- 382 INSPECTION, WEIGHTS, AND MEASURES. proved Aug. 28, 1856. Sec. 1, et seg: Ordinanec, approved Noy. 17, 1853. Ordinance, approved Nov. 5, 1853. and lime, and in all respects shall perform his duties, un- der penalty of twenty dollars for each and every viola- tion thereof. 39. He shall keep an office at or near the public scales, which shall always be in order and repair, and it is made imperative on him to report to the City Attorney for prosecution all parties not elected as provided for in the charter who are in the habit of weighing or measuring coal, wood, or lime for dealers in said articles. He shall report quarterly, on the first days of April, July, Octo- ber, and January, of each year, to the General Council, the quantity of coal, wood, and lime inspected, measured, or weighed by him. 40. Any person other than an inspector, weigher, and measurer of coal, wood, or lime, elected under the pro- visions of the City charter, who shall inspect, weigh, or measure coal, wood, or lime, or measure and mark ve- hicles for conveying the same, shall be fined twenty-five dollars for each offense. 41. He shall, before entering upon the duties of his office, give bond and security in the sum of two thousand dollars for the faithful performance of his duties, and bond to be approved by the General Council. 42. Two hundred and twenty-one thousand one hun- dred and eighty-four cubic inches shall be the standard measure of one cord of wood, and all wood fuel inspected shall be measured by that standard, and shall be classed as first, second, or third rate, according to its quality. 43. Whenever its inspection is desired, and the inspec- tor believes that he can not do justice by measuring it in the boat, load, lot, or parcel, asit is on or near the wharf, if the purchaser so requires, the seller shall have the wood corded at the wharf for convenient inspection at his own cost and charge. 44, The standard bushel of lime shall be two thousand six hundred and eighty-eight cubic inches; and lime brought into The City for sale shall be classed as follows: INSPECTION, WEIGHTS, AND MEASURES. Unslacked lime, well burnt, first quality; clean slacked lime, second quality; and slacked lime, mixed with water or other injurious matter, shall be classed as refused. 45. Each inspector, measurer, and weigher of coal, wood, and lime shall be allowed these fees, namely: Five cents’ for each hundred bushels of coal inspected and measured in bulk by the boat-load, lot, or parcel, and sixteen cents for each hundred bushels inspected and weighed by the small quantity, and at those rates for less quantities; four cents for each cord of wood; and at the rate of twenty-five cents for each one hundred bushels of lime; and twenty-five cents for each vehicle he shall measure and stamp, to be paid by the sellers of the coal, wood, or lime, or by the owners of the vehicles respectively. 46. The Louisville Board of Trade shall have power to define the duties of the flour inspectors of Louisville, to fix their fees; and establish such rules and regulations as they may see proper for governing the same. So much of Section 8 of the charter of The City of Louisville, and all acts or parts of acts in conflict herewith are hereby repealed; provided, that the fees of the present inspectors of flour shall not be changed during their term of office. 47. All persons selling ice, from wagons or other vehicles, in this City, shall furnish each wagon or vehicle with a scale-beam, and weigh each parcel before delivering it whenever the purchaser desires it. Any person violat- ing any of the provisions of the first Section of this ordinance shall be fined five dollars for each offense. 48. Each inspector and gauger of liquors, oils, and other liquids, shall provide himself with, and use the hydrometer as required by the inspection laws of Ohio, and known as the per centage hydrometer, now manu- factured by D. Wells, of Cincinnati, and, on request of the owner or agent, shall attend immediately in any part of The City, and there gauge the cask and examine the quality and proof of liquors contained therein, and mark 383 Ordinance, approved Dec. 2, 1855. An act to amend an act entitled An act to incorporate the Louisville Board of Trade. Approved May 5, 1880. Ordinance, approved July 18, 1874. Ordinance, approved Oct. 28, 1853. Ordinance, approved Apr. 4, 1865. INSPECTION, WEIGHTS, AND MEASURES. on the barrel or cask its true contents in wine gallons, with the name of the inspector and place of inspection. In case the contents be spirits, he shall also mark thereon its quality of proof. 49. If he thinks the cask is not in good condition for exportation, he shall mark it ‘‘condemned,”’ and if the heading or staves of the cask be of unusual thickness, he shall allow for that and condemn the cask; and any person who shall sell or offer to sell the contents, or the cask and contents, without apprising the purchaser of such unusual thickness of the cask, shall be fined fifty dollars. 00. Any person who shall, with intent to defraud _ another person, alter or deface any mark made on a cask for or by the inspector, shall be fined fifty dolars. 51. If an inspector as aforesaid shall neglect or refuse, except when sick, to perform his duties aforesaid within a reasonable time after being requested to do so, he shall be fined twenty dollars; and if he shall Knowingly mark any cask of liquors, oils, or other liquids, as containing less or more than its true contents, or of spirits as of a proof different from its true proof, he shall be fined fifty dollars. 52. Condemned barrels shall be valued at fifty cents. 93. Every three months the inspector shall report to the Council the number of casks of different kinds and contents inspected, and the fees received by him. 04. Each inspector and gauger of liquors, oils, mo- lasses, and other liquids, shall have the following fees, to be paid by the employer, namely: For gauging (in- cluding proving when necessary) whisky, oil, molasses, petroleum, or benzine, for each barrel, seven and a half cents; for single barrels of either, fifteen cents; for gaug- Ing varnishes or turpentine, fifteen cents per barrel, pipe, or half pipe; for ullaging, separate from gauging, five cents per barrel; for proving without gauging, five cents INSPECTION, WEIGHTS, AND MEASURES. per barrel; for gauging liquids not named, fees to be same as for whisky. 59. Each inspector and gauger of liquors, oils, and other liquids shall, in addition to the requirements as provided in ordinance approved October 28, 1853, provide himself with, and use in all inspections of liquids made by him, Prime & McKean’s combination rod and scale, as now used by the United States government. 06. There shall be elected at such time as the General Council may by resolution determine, and annually thereafter in the month of October, two inspectors of beef, cattle, hogs, and sheep. 57. The inspectors first elected under this ordinance shall hold their office until the first day of November, 1871, and the inspectors subsequently elected shall hold their office for one year, or until their successors are elected and qualified. | 58. Said inspectors are hereby empowered to appoint as many deputies as are necessary to carry out the pro- visions of this ordinance, subject to the approval of the General Council; the pay of all deputies thus appointed to be paid by the inspectors from the fees received as hereinafter mentioned. 99. No inspector or deputy inspector holding office under this ordinance shall, during his continuance in such office, be engaged or interested, directly or ‘indi- rectly, in the purchase or sale of any cow, bullock, bull, or calf, sheep, or lambs, or any lot or lots of either. 60. It shall be the duty of said inspectors and their deputies to inspect the condition of every animal named in Section 3 of this ordinance that is brought into this City for sale for slaughtering purposes. and all such animals as may be condemned, as specified in an ordi- nance approved October 18, 1870, entitled ‘‘An ordinance to prevent the sale of unwholesome articles of food,’’? a —— 2Q. v. in Chapter xxvii., ante. 25 Ordinance, approved Apr. 14, 1874. An ordin- ance creating the office of in- spectors of live stock, and pro- viding for the inspection of same. Ap- prov ed Nov. 14, 1870. Sec. l, et seq. INSPECTION, WEIGHTS, AND MEASURES. An act to create the office of inspector of imported Jum- ber in The City of Louisville. Approved Jan. 14,1858; am- ended Feb. 17, 1858. shall be indelibly marked or branded in such manner as the Board of Health may direct; and said inspectors or their deputies shall notify the owner or owners or the agents of the owners of such animal that the same can ‘not be offered for sale for slaughtering purposes, nor can it be slaughtered or offered for sale for human food in this City. 61. It shall also be the duty of said inspectors to make monthly reports in writing, through the Board of Health, to the General Council, the number and kind of animals inspected, and also the number and kind condemned. 62. Said inspectors are hereby empowered to collect from the packers, butchers, and other persons buying such live stock as is mentioned in Section 8 of this ordi- nance? for slaughtering purposes, the following fees: For beef cattle (cows, calves, bulls, or bullocks), in lots of five and less than five, five cents each; in lots of more than five, three cents each; sheep and lambs, in lots of ten or less than ten, three cents each; in lots of more than ten, two cents each; hogs or pigs, in lots of twenty or less, two cents each; in lots of more than twenty, one cent each. 63. Before entering upon the duties of their office the inspectors and deputy inspectors shall take an oath to faithfully comply with all the ordinances and regulations now in force or that may hereafter be passed by the General Council in relation to their duties, and they shall also give bond with security (to be approved by the Gen- eral Council), the inspectors in the sum of five thousand dollars each, and the deputy inspectors in the sum of twenty-five hundred dollars each, for the faithful per- formance of their duties. 64. The office of Measurer of Lumber for The City of Louisville is hereby created. The General Council of The City of Louisville shall annually, in the month of January, 8 Section 59, above. INSPECTION, WEIGHTS, AND MEASURES. elect some suitable person to fill the office aforesaid; and they shall, by ordinance to be approved by the Mayor of said City, prescribe the duties of such officer. and also the fees to be paid him for his services, and by whom ghey shall be paid. 65. The Mayor and General Council shall have power to remove said officer, and declare said office vacant for any willful neglect of duty, or failure on his part to dis- charge impartially and in good faith the duties of said office. 66. The measurer of lumber shall measure, or cause to be measured, all foreign lumber brought to this City, when called upon so to do, and shall keep a record of the same. | 67. The measurer shall receive fees for his services at the following rates, to be paid by the parties employing him: For all sawed lumber, twelve and one-half cents per thousand superficial feet; and for logs, eight cents per thonsand cubic feet; and ten cents per thousand for inspecting shingles. 68. Each inspector of pork, beef, lard, tallow, and but- ter shall have, of persons employing them, these fees, to wit: For each barrel or tierce of beef or pork, twenty- five cents, and for each half barrel, fifteen cents; for each cask, barrel, firkin, or keg of lard, tallow, or butter, five cents. 69. His duties shall be the same as those prescribed for like officers under the State laws. 70. Each inspector of salt shall have these fees of per- sons employing him, namely: For each barrel of a parcel nor more than five, five cents; of a parcel between five and ten barrels, four cents; and of a parcel more than ten barrels, three cents a barrel. 71. His duties shall be the same as those prescribed for like officers under the State laws. 72. Any inspector of flour, or of pork, beef, lard, tal- low, and butter, or inspector and gauger of liquors, oils, 387 Ordinance, approved Apr. 29, 1858. Ordinance, approved Noy. 17, 1853. Ordinance, approved Noy. 5, 1853. Ordinance, approved Nov. 17, 1853. INSPECTION, WEIGHTS, AND MEASURES. An act to regulate public grain ware- houses in this commonwe Ith. Approved Apr. 28, 1880. Sec. 11 et Seq. and other liquids, or inspector, weigher, or measurer of coal, wood, and lime, who shall, for himself or for others, be engaged or interested in the business of buying, sell- ing, or trading in such articles as he is authorized to in- spect, weigh, gauge, or measure, or shall interfere in such purchase or sale, by recommending a particular pur- chaser or seller, with a view of obtaining employment in his office, shall be fined twenty dollars, and such act shall be cause of removal from his office. 73. The Louisville Board of Trade may, from time to time, appoint, in such way as it shall provide beforehand by its own by-laws, an inspector, weigher, and a regis- trar for the warehouses in Jefferson County, and fix their duties, the amount and kind of bond to be given by them, and their fees; and the said Board of Trade shall, at least once in each year, establish standard grades of the various kinds of grain by which the inspectors shall be governed in their inspections, but any warehouseman or other person in interest may, on summary complaint to the Jefferson Court of Common Pleas, or the Circuit Court of the County obtain a reduction of those fees if, in the opinion of that court they are exorbitant, and the same court shall, upon complaint of malfeasance or neglect, remove any inspector, weigher, or regtstrar, and declare him incompetent for reappointment for any length of time, the proceedings being as near as may be similar to those of vacating an office. 74, Every such warehouseman shall, before receiving any grain on store, and thereafter, within the first week of every January and July, publish his rates of storage and charges for receipts and deliveries, by posting them in his office and in the rooms of the Board of Trade in The City of Louisville, and shall not increase them during the intervening time. } 75. No public warehouseman shall be held responsible for any loss or damage to property by fire while in his custody, provided reasonable care be exercised to protect and preserve the same; nor for loss or damage by heating, INSPECTION, WEIGHTS, AND MEASURES. if he has exercised due care in handling and storing the grain, and the heating resulted from causes beyond his control. To prevent injustice from heating, it shall be the duty of the warehouseman, as nearly as possible, to de- liver out grain of each grade in the order of time in which it was received. In case, however, that a warehouseman shall discover that any part of the grain in his warehouse is out of condition, or becoming so, and it is not in his power to preserve the same (provided it is not stored in a separate bin, and as above provided for), he shall, by notice published in a daily newspaper of Louisville, or in the county where the warehouse is situated, if there be one, and posted at the Board of Trade rooms, of its actual condition, as near as he can ascertain it; state the kind and grade of grain, and the-bin in which it is stored, and shall also state, in such notice, the receipts outstand- ing upon which such grain will be delivered, giving the numbers, amounts, and dates of each, which receipts shall be those of the oldest dates then in circulation or uncanceled, the grain represented by which has not pre- viously been declared or receipted for as out of condition; or if the grain longest in store has not been receipted for, he shall so state, and shall give the name of the party for whom such grain was stored, the date it was received, and the amount of it; and the enumeration of receipts and identification of grain so discredited shall embrace, as near as may be, as great a quantity of grain as is con- tained in such bins; and such grain shall be delivered upon the return and cancellation of the receipts, and the unreceipted grain upon the request of the owner or per- son in charge thereof. 76. Nothing herein contained shall be held to relieve the said warehouseman from exercising proper care and vigilance in preserving such grain after publication of its condition; but such grain shall be kept separate and apart from all direct contact with other grain, and shall not be mixed with other grain while in store in such warehouse. 359 390 INSPECTION, WEIGHTS, AND MEASURES. An actto provide for the $2023 eer aro Weights and Measures for Jefferson Co. and to fix his duties and fees. Approved Mar. 3, 1882 Sec 1 et seq. 77. Any warehouseman guilty of any act or neglect, the effect of which is to depreciate property stored in the warehouse under his control, shall be held responsible as at common law, or upon the bond of such warehouse- man, and, in addition thereto, the license of such ware- houseman shall be revoked. 78. In case the grain declared out of condition, as herein provided for, shall not be removed from store by the owner thereof within two months from the date of the notice of its being out of condition, it shall be lawful for the warehouseman where the grain is stored to sell the same at public auction, for account of said owner, by giving ten days’ public notice in a daily newspaper of Louisville, or of the county where the warehouse is situ- ated, if there be one. 79. The County Court of Jefferson County at its levy term in March, 1882, and every four years thereafter, shall elect a Sealer of Weights and Measures for Jefferson County, for aterm of four years. Said officer shall before entering upon the duties of his office give bond to the commonwealth for the benefit of whoever it may concern in the sum of two thousand dollars, with sufficient surety to be approved by the County Court, for the faithful discharge of the duties of his office and the proper care of the weights and measures intrusted to him. Said officer shall annually make a written report to said County Levy Court at the March term, under oath, setting forth an itemized statement of all scales, weights, and measures tested and sealed by him during the past year, and his fees therefor. Said officer may appoint one or more deputies to assist him in the performance of his duties herein prescribed. 80. It shall be the duty of said officer to take charge of the standard weights and measures for Jefferson County, and to safely keep the same; to examine, test, and seal all scales, weights, and measures in use or intended for use in said County (including The City of Louisville) INSPECTION, WEIGHTS, AND MEASURES. oo1 once in each year; and if they are inaccurate he shall require that they be made correct; Provided, that all dormant scales exposed to the weather or out doors, of the capacity of eight thousand pounds and over, shall be inspected twice in each year. 81, Upon complaint of any responsible person, or the request of the owner, it shall be the duty of the said officer to make additional inspection of any scales, weights, or measures designated; Provided, that if upon such complaint the scales, weights, or measures be found substantially correct, the complainant shall pay the fee. 82. If any person shall refuse to permit any scales, weights, or measures used or about to be used by him or them to be inspected, or if on its being inspected and found materially incorrect and condemned by said officer, shall continue to use the same without correcting it, he shall be deemed guilty of a misdemeanor, and upon con- viction before the Jefferson Circuit Court if he resides in the County, or in the City Court if he resides in The City of Louisville, he shall be fined ten dollars; and it shall be the duty of said officer to prosecute all persons who violate the provisions of this act or the provisions of Section 5, Chapter 112, of the General Statutes. 83. As a compensation for his said services the said officer shall be paid by the owner or user of the scales, weights, or measures inspected, the following fees: For inspecting, testing, adjusting, and sealing dormant scales of thirty thousand pounds capacity and over, six dollars. For inspecting, testing, adjusting, and sealing dormant scales of sixteen thousand and up to thirty thousand pounds capacity, four dollars. For inspecting, testing, adjusting, and sealing dormant scales of eight thousand and up to sixteen thousand pounds capacity, three dollars and fifty cents. For inspecting, testing, and sealing dormant scales of four thousand and up to eight thousand pounds capacity, three dollars. For inspecting. testing, and sealing dormant and platform scales of two thousand and up to four thousand pounds capacity, two dollars. 392 oN «Yaa 6 oon a8) amend an act entitled An act to provide for a Sealer of Weights and Measures for J efferso ne Co. and to fix his duties and fees; approved Mar. 3, 1882. Ap- proved March 12, 1884. INSPECTION, WEIGHTS, AND MEASURES. For inspecting, testing, and sealing platform scales of one thousand and up to two thousand pounds capacity, one dollar. For inspecting, testing, and sealing platform scales of four hundred and up to one thousand pounds capacity, fifty cents. or inspecting, testing, and sealing beam scales of one thousand pounds capacity and over, seventy-five cents. For inspecting, testing, and sealing beam scales of two hundred up to one thousand pounds capacity, fifty cents. For all other scales, balances and patent balances, twenty-five cents each. For inspecting, testing, and sealing weights of fifty pounds and over, ten cents. or weights of five pounds and up to fifty, five cents each. For pyramid piles of weights, fifteen cents a pile. For all wine and dry-measures, five cents each. For. yard-measures, two and one half cents each. + 84. All acts and parts of acts within the purview of this act are hereby repealed. This act shall take effect from its passage. 85. Section 5 of the act entitled ‘‘An act to provide for a Sealer of Weights and Measures for Jefferson County and to fix his duties and fees,’’ approved March 3, 1882, is amended, so that the said Section 5° shall read as fol- lows: As compensation for his services the said officer shall be paid by the owner or user of the scales, weights or measures inspected the folowing fees. For inspecting, testing, and sealing dormant scales the following fees: For scales over 50,000 pounds’ capacity, $10; from 30,000 to 50,000 pounds’ capacity, $6; from 8,000 to 30,000 pounds’ capacity, $4; from 4,000 to 8,000 pounds’ capacity, $3; from 2,000 to 4,000 pounds’ capacity, $2; from 1,000 to 2,000 pounds’ capacity, 31; from 100 to 1,000 pounds’ © capacity, 50 cents. For inspecting, testing,,and sealing platform scales the following fees: For scales over 4,000 pounds’ capacity, $3; from 2,000 to 4,000 pounds’ capacity, $2; from 1,000 to 2,000 pounds’ capacity, $1; from 100 to 4 See Section 85, following. 5 Section 83, above. INSPECTION, WEIGHTS, AND MEASURES. 1,000 pounds’ capacity, 50 cents. For inspecting, testing, and sealing beam-scales the following fees: For scales over 1,000 pounds’ capacity, $1; from 100 to 1,000 pounds’ capacity, 50 cents. For inspecting, testing, and sealing all other scales, balances, and ‘patent balance-weights and measures the following fees: For scales and balances, 50 cents each; each weight over 50 pounds, 10 cents; each weight less than 50 pounds, 5 cents; each wine and dry- measure, 5 cents; each yard-measure, 24 cents. 86. All acts and parts of acts in conflict herewith are hereby repealed. This act shall take effect from and after its passage. Bes See Courts oF LAW—FINES AND MISDEMEANORS—GENERAL Councit — LIGENSE— MARKETS — OFFICES AD! OF PLGEE & = eto WAYS—SINKING FUND. 393 OFA PTE es LICENSE. CONDENTS:. 1. The General Council to pro- vide for license for the various busi- nesses and employments carried on in The City, and fix penalties for doing business without license; list of em- ployments and approximated rates for each. 2. The Council may require li- cense for employments not herein named. 3. Businesses, professions, and crafts may be graded and classed by the Council, and rated according to statute. 4. Duration of licenses and pay- ment of charges therefor. 5. Literary and charitable enter- tainments may be exempted. 6. Licenses may be transferred with the Council’s consent. 7. License on dogs. 8. Sinking Fund to have control of license matters; ordinances in force; proceeds. 9. Attorneys and physicians ex- empted. 10. Dentists exempted. 11. Mode and conditions of trans- fers of license. 12. Non-compliance with regula: tions a misdemeanor. 13. General requirement of license and penalty for not obtaining license. 14. The renewal of license. 15. The revocation of license. 16. Each business carried on in the same house to pay a separate license. 17. The License Inspector; pre- liminary provisions for the office; duties. 18. Salary of the first assistant in- spector. 19. Salary of the second assistant inspector. 20. Bond required of all licensed auctioneers; penalty for not having license or not complying with bonds. 21. Architects. 22. Astrologers. 23. Auctioneers. 24. Banks. 25. Billiard-tables. 26. Butchers, traders, and others. 27. Cattle-brokers. 28. Chiropodists. 29. Circuses. 30. Claim agents. 31. Clairvoyants. 32. Club-houses. 33. Coffee-houses; application, pe- tition, and statement. 34. Response of the notice, bond, certificate. Council; 35. Classes and rates. 36. Classification. Hi Duration of licenses. 38. When licenses begin to run. 39. Retail licenses; certificates to be exposed to view. 40. Closing of houses on procla- mation by the Mayor. 41. Violations of ordinance to be punished by fine. 42. 43. 44, 45. 46. cant. 47. 48. 49. 62. 63. 64. cants. 65. 66. 67. 68. en Sree ae oot Ut sII 1 “J +71 -7 -1 ~~] He OO ed Commercial agents.. Dealers in milch-cows. Distillers; classes and rates. Fine for violation; repealer. Sworn statement of appli- Dogs and bitches; rates. Collars. Collection of licenses. Violations and fine. . Eating-houses. . Exchange offices. Exhibitions. Express companies. . Flying-horse arrangements. Fortune-tellers. Green-grocers. House agents. . Hucksters. Importers of malt-liquors. Classes and rates. Agents to be licensed. Violations of ordinance; fine. Sworn statement of appli- Insurance offices. Intelligence offices. Liquor dealers. Rates. Certain dealers not included. Violation of law; fine. Additional licenses. Sworn statements. . Livery-stable keepers. . Lottery offices. Market stalls. Mercantile agents. Patent-right dealers. Pawnbrokers. Peddlers. . Photographers. . Pork-houses. . Porters. . Public balls and dances. . Real estate agents. Retail liquor dealers. LICENSE. 86. To licensed grocers. 87. Sample dealers. 88. Second-hand and junk shops; defined. € 89. Bond required. 90. Purchases of minors pro- hibited. 91. Register of purchases; in- spections. 92. Non-compliance with the law a misdemeanor; fine. 93. Shipping agents. 94. Shooting galleries. 95. Skating parks. SG.e Rinks ‘ 97. Street brokers. 98. Swimming pools. 99. Taverns; application, petition, and statement. 100. Response, notice,-bond, cer- tificate. 101. Taverns without retail liquor license. 102. Classes with retail license, and rates. 103. Classes without retail license. 104. Classification by the Council. 105. Duration of license. 106. When licenses begin to run. 107. Certificates to be exposed. 108. Closing up by proclamation of the Mayor. 109. Violations of ordinance; fine. 110. Telegraph offices. 111. Telephone companies. 112. Ten-pin alleys. 113. Tobacco warehousemen. 114. Classes and rates. 115. Amount of sales authorized. 116. Additional licenses. 117. Dealersand buyers + 1s rates. 118. Amounts authorized to be bought or sold. 119. Sworn statements. 120. Violation of license law; fine. 121. Copies of ordinance. 122. Veterinary surgeons. 395 An act to The General Council shall by ordinance provide for to revise and 396 LICENSE. amend the tax laws of the City of Louisville. Approved May 12, 1884. I, Sec. 9. ATt: the following licenses, to be paid into the Sinking Fund, with adequate penalties for doing business, or using, holding or exhibiting the articles herein named without the required license: For every retail grocer, confectioner, victualer, hawker, huckster, peddler, or any other retailer, except of spirituous, vinous or fermented liquors, not more than $100. Any other merchants or dealers in dry goods, clothing, drugs, medicines, wares or merchandise of any kind, not more than $2,500. In grading the licenses the General Council shall consider the repeal hereby effected of the ad valorem tax on merchandise, and shall aim to impose a tax of not less than $1 on every $1,000 of yearly sales at wholesale, and of not less than $2 on every $1,000 of yearly sales at retail, and to collect the license tax within the above limits at the end of the year for the excess of sales over the estimate made at the time of granting the license. The sum of $2,100 shall, on the first of every month, beginning on the first of June, 1884, be paid by the Sinking Fund Commissioners into the City treasury for the benefit of the school fund, in lieu of the school tax on merchandise, which is hereby repealed. For any theatrical exhibition, lecture, concert, show or performance in The City for pay, such sum as the General Council may prescribe by general ordinance or joint resolution. For each vehicle running in said City for profit or hire, not less than $2 nor more than $30. For every lottery office or agency therefor, $200. For each billiard table, bowling alley, pool-table or shooting- gallery, not less than $50 nor more than $100; but if the establishment containing any of these do not allow to be sold or drunk on the premises any spirituous, fermented or vinous liquor, then the rate for such shall not be more than $50 nor less than $10 each. For taverns or hotels, public boarding-houses, or places of public resort or entertainment, wherein no malt, fermented, vinous or spirituous liquors are retailed, not less than $10 nor more than $50. For each tavern or hotel, coffee-house, club- room or any other establishment wherein malt, fer- mented, vinous or spirituous liquors are sold by retail LICENSE. 397 within said City, not less than $75 nor more than $1,000. For each livery stable or real estate office, not less than $10 nor more than 8100. For each rendering or tanking- house, dealer in cattle, sheep, hogs and other live stock, poultry excepted, and pork-houses, not less than $10 nor more than 8500. For each intelligence office, claim agent, street broker, pawnbroker, express company, commercial agent oragency therefor, or broker’ s office, telegraph office, insurance office or agency therefor, not less than $10 nor more than 8500. For each bank, banking-house, or ex- change office, not less than $50 nor more than $500. For conducting an office or carrying on the agency of any express or insurance company, not more than $800 per annum. FKoreach dealer in wood, lumber and coal, not less than $5 nor more than $200. For each brewer or distiller, not less than $50 nor more than 8500. For each master builder or architect, not less than $5 nor more than $50. For each veterinary surgeon and chiropodist, not less than $5 nor more than $25. Foreach astrologer, fortune-teller and clairvoyant, not less than 8200. For each auctioneer, not less than $20 nor more than S300. 2. For any other business or employment not herein named the General Council may by ordinance designate and fix the rate and cause a license therefor to be taken as herein provided. 3. Every business, profession, or craft herein provided to be licensed, the General Council may grade and class and fix the rate of license at or within minimum and maximum herein provided. 4. No license shall be for a longer period than one year, but may be for a shorter in the discretion of the General Council, and the charge therefor shall be paid into the City Treasury before granting the license. 9. Literary or charitable entertainments may be allowed by the General Council without license or charge. 6. Any of the unexpired time of licenses herein per- mitted may be transferred by the holder with the assent LICENSE. An act to umend Section 96 of an act en- titled An act to establish a new charter for The City of Louts- ville. Approv- ed March 38, 1870. Approv- ed March 20, 1876. An act to exempt and re- lease dentists from license in The City of Louisville. Ap- proved Feb. 20, 1884. An -Otdi- nance regulat- ing the trans- fer of licenses, Approv’d June 15, 1878. Ordinance, ppproved May 28, 1856. of the General Council expressed by ordinance or joint resolution. 3 7. The Council may also levy a yearly license tax of two dollars on dogs, as under Section 8 of the charter of 1870. 8. The enforcement of the license and collection of the tax on licenses shall remain as heretofore, under the con- trol of the Commissioners of the Sinking Fund; the ordinances on this subject now in force shall remain in force as far as compatible with this Section until repealed by the General Council; the proceeds of these taxes shall go to the Sinking Fund, except as herein provided. 9. Section 96 of an act entitled ‘‘An act to establish a new charter for The City of Louisville,’ approved March 3, 1870, is so amended as to exempt attorneys- and coun- selors-at-law and physicians from the provisions of said act. 10. It shall hereafter be unlawful for The City of Louis- ville to charge or collect any license from dentists in said City. 11. All licenses may be transferred from one person or firm to another, but no such transfer shall be made until the same has been indorsed by the Treasurer of the Sink- ing Fund upon the back of the license, and the transferee has paid into the treasury of said Sinking Fund five per cent. on the sum paid for such original license. 12. Any person or firm who shall do business upon a license transferred, withdut the person or firm to whom the same is transferred having compled with the provis- ions of Section 1 of this ordinance, shall be deemed ecuilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars nor more than twenty dollars for each offense. 13. Whenever anything is required, either by the City charter or ordinances, to be licensed, any person who shall do such thing without being thereto, at the time, duly licensed by The City, shall be fined not less than LICENSE. B99 five nor more than fifty dollars each day, and shall be taxed an attorney’s fee as in case of misdemeanors; but when the fine is otherwise specially designated, then he shall pay such fine. | 14. Licenses may be renewed on the same terms which they are granted. 15. Every license is granted subject to the right of the General Council to revoke it upon sufficient cause, to be judged of and determined finally by the General Council; upon such revocation the license is void, and the amount paid for such license shali be forfeited. 16. In every case where more than one of the pursuits, employments, or occupations which by charter and ordi- nance are specially required to be licensed shall be pursued or carried on in the same place by the same person at the same time, the license shall be-paid for each pursuit, employments, or occupation, according to the rates severally prescribed by ordinances regulating the same. 17. The duties of License Inspector are to be performed by the Assessor of Taxes, until the Council shall provide for the election of License Inspector for the Eastern and Western Districts, but when they are elected and quali- fied all the enactments as to said duties will refer to said inspectors within their respective districts. The License Inspector shall keep in a book in his office an alphabet- ical list of all licenses, adding each one as it is issued. In each month he shall furnish each day watchman with a list of all licenses in his ward, and designate a day or days in which said watchman shall inspect his ward, and ascertain and report to him all persons who do anything without license which is required to be licensed, and the License Inspector may, under resolution of the Council, impose the same duties on one or more of the other officers of The City. He shall also, in every February and August, report to the Council a list of all licenses issued during the previous six months, and separately of Ordinance, approved Mar. 9, 1857. Ordinance, approved Nov. 1, 1858. Ordinance, approved May 19, 1877. An Ordin- anee as to the duties and office of License In- spector. Ap- proved Nov.17, 1853. 400 Ordinance, approved Aug. 14, 1867. Ordinance, approved Sept. 16, 1867. Ordinance, approved Oct. 27, 1853. LICENSE. each kind, with the names, alphabetically, of the persons having license, date of its issue, and price thereof, and shall recommend such changes in prices and other things in regard to licenses as he may deem expedient for the future, and whenever required he shall report thereon to the Mayor or Council, or a committee thereof. 18. The salary of the first assistant license inspector shall be 81,320 per annwm, payable monthly out of the Sinking Fund. 19. From and after the passage of this ordinance the salary of the second assistant license inspector shall be $1,000 per annwn, payable monthly out of the Sinking Fund, upon the certificate of the Assessor that the said assistant has performed the duties required of him. 20. License may be granted to persons to act as auc- tioneers ‘for selling at auction or public outcry in The City, goods, wares, merchandise, bank, railroad, in- surance, and other corporation stocks, houses, lots, lands, and manufactured articles and produce of all kinds; but no person shall receive such license until he shall have entered into bond ina penalty of $3,000, with one or more sureties, approved by the Council and conditioned as required by the City charter or by law. If any person shall sell such property as is described without being at the time licensed so to do, or if, being licensed, he shall fail to comply with any condition of his bond, or with law or ordinance relating to such auctioneers, he shall, in either case, be fined fifty dollars. ? | ——_—__—_—— 1The right to grant licenses may be delegated to cities and towns by the State legislature.—Kniper v. City of Louisville, 7 Bush, 599. This delegated authority must be strictly construed and closely pursued.—Ib. And where the statute specifies the minimum and maximum limits of the amount ofa license fee, as in the charter of The City of Louisville, such limits must be strictly observed by the authorities fixing the license fee.—Jb. So, where the statute said, for each brewer or distiller, not less than fifty nor more than five hundred dollars; and the ordinance of the Council, passed thereunder, required brewers to pay one tenth of one per cent. on the amount of liquor manufactured, the ordinance was held inoperative and invalid._Ib. A dog LICENSE. 401 21. Every person or firm whose business it is to plan, design or superintend the construction of buildings or steamboats, or of roads or bridges, shall be deemed an architect, and shall pay a license therefor of ten dollars per annum. This shall not include a practical carpenter who labors on a building, or a master builder or con- tractor. Any person violating any of the provisions of this ordinance shall for each offense be fined ten dollars. 22. All astrologers who shall practise their business in said City for fee or reward shall pay a license each of two hundred dollars per annwm. Any person who shall violate this ordinance shall for each offense be fined not less than twenty nor more than one hundred dollars. 23. Every person shall be deemed an auctioneer whose ordinance, requiring “the owner to apply to the city clerk to register, and pro- cure a brass collar, duly stamped, for each dog, and to pay to the city clerk at the time of registry two dollars for every dog so owned and registered, which tax the clerk shall pay into the city treasury,” etc., was held to be a police regula- tion.—Commonwealth v. Markham, 7 Bush, 486. And this ordinance was declared to be a license law: the two dollars being the price of the license or tax for the privilege, and the collar and stamp being passports for the security of registered dogs.—Ib.; Falmouth v.Watson, 5 Bush, 660. The act of March 2, 1860, prohibiting sales by sample and without license, in The City of Louisville, of goods of a non-resident having no place of business in that City, is constitutional, and the act is not repealed by Section 10 of the act of 1865, empowering the authorities of Louisville to grant license for such trade.—Commonwealth v. Smith, 6 Bush, 303; Mork v. Commonwealth, 6 Bush, 397. The State may constitutionally require a license for selling in particular places, without requiring it in all places, even though revenue as well as local policy may be one of the effects and motives of the requisition.— Mork v. Commonwealth, supra. All contracts to pay for goods purchased of peddlers selling goods not manufactured in Kentucky, and selling them without license, are void.—Bull § Rayburn v. Harragan §& Bracken, 17 B. Mon., 349. Selling goods by sample is not peddling.—Commonwealth v. Jones, 7 Bush, 502. A. provision of the charter of the town of Richmond, authorizing a tax of five per cent. upon all sales made by autioneers, except such as were made by the citizens of town or county who were bona fide owners of the property sold, discriminated against citizens of other States, was there- fore declared unconstitutional.— Daniel v. Trustees of Richmond, 78 Ky., 542. It is in the power of the city officers alone to call on hawkers and peddlers for an exhibition of their license to sell.—Stromburg v. Earick, 6 B. Mon., 581, On the trial of an indictment for retailing ardent spirits without license, tl. > commonwealth is not bound to prove the negative of no license,—the defenc.- 26 Ordinance, approved Oct. Lele tL Ordinance, approved July 23, 1870. Ordinance, approved July 14, 1870. 402 LICENSE. business it is to offer property at public sale to the highest or best bidder, and shall pay a license therefor. Auc- tioneers whose annual sales do not exceed $50,000 shall pay a license of $25 per annwm,; whose annual sales do not exceed $100,000 and are over $50,000, shall pay a license of 850 per annum; whose annual sales do not exceed $200,000 and are over $100,000, shall pay a license of S100 per annwm,; whose annual sales do not exceed $300,000 and are over $200,000, shall pay a license of $200 per annum, and those whose annual sales exceed $300,000 per annum shall pay a license of $800 per annwin; Pro- vided, that the provisions of this Section shall not apply to judicial or executive officers making auction sales by virtue of any judgment or decree of any court, nor public sales made by or for executors, administrators or guard- ant must show license.—Haskill v. Commonwealth, 3 B. Mon., 342; and see Ridding v. Commonwealth, 3 B. Mon., 339, as to the sufficiency of the indictment. The General Council of The City of Louisville is not bound to license coffee-houses, but may refuse to do se. The business of a coftee-house keeper is not like a lawful business, which anybody who choses may carry on, but it is of that nature that, although it can not be prohibited by the City authori- ties, it may be subjected to their police regulations.—City of Louisville v- Kean, 18 B. Mon., 9. And, hence, the granting or refusing to grant a tavern or coffee-house license is the exercise of a judicial, not an arbitrary, discre- tion, and there will be no cause of complaint until the discretion shall have been abused.— Jb. But a court of law in Louisville has awarded mandamus . compelling the General Council to grant tavern license after they had refused it, and the award sustained in the Court of Appeals—— NWaye v. Kean, 18 B, Mon., 839. Though the discretion in granting or refusing liquor license is broad, it may not be exercised in an arbitrary and unlimited manner. But if the evidence fails to show any necessity for the grant, the court will not say that the refusal was an abuse of the discretion conferred. — Hoglan v. Commonwealth, 3 Bush, 147. Tavern-keepers may be required to pay a license to towns by authority of legislative enactment, notwithstanding they have paid both the United States and State lcense-——Mason v. Trustees of Lancaster, 4 Bush, 406. And town authorities may refuse to grant license, and without such license a tavern-keeper will not be authorized to sell liquors, even though he had paid for and obtained a license from the United States, and also from the State——Jb. On an application for tavern license, the County Court has a large margin of discretion which the Court of Appeals should never control unless it has been manifestly abused.—Nepp v. Common- wealth, 2 Duv., 546. It was held in Trustees of Falmouth v. Watson, 5 Bush, C60, that authority conferred on the town trustees by act of the legislature to exact the payment of not more than three hundred dollars from any per- LICENSE. ians of any estate held by them. Any person violating any of the provisions of this ordinance shall for each offense be fined not less than twenty-five nor more than fifty dollars. 24. Every incorporated bank, organized under law, having a place of business in this City, where credits are opened by the deposit or collection of money or currency, subject to be paid or remitted on draft, cheque, or order, or where money is advanced or loaned on stocks, bonds, bullion, bills of exchange or promissory notes, or where stocks, bonds, bullion, bills of exchange or promissory notes are received for discount or for sale, shall be re- garded as a bank, and shall pay an annual license graded as follows, to wit: Each bank having a capital of $50,000 or under that sum, 850; each bank having a capital of son selling spirituous liquors by retail within one mile of the town limits, is a police regulation, and not unconstitutional; but that, if it were a simple tax for local municipal purposes alone, it would be unconstitutional. Druggists may sell liquors for medicinal purposes without license.—Anderson v. Com- monwealth, 9 Bush, 569; Hainline v. Commonwealth, 13 Bush, 350. A. statute will not be construed to impose a double tax upon the same property for the same purpose, unless it is required by the express words of the statute or by necessary implication.—Livingston v. City of Paducah, decided by the Court of Appeals January 27, 1885, A tax statute which discriminates and directly imposes upon a particular kind of property a double burden for the same purpose is invalid.—Jb. The statute providing for the imposition of a special tax upon vehicles running in the city of Paducah, notwithstanding the same vehicles are, by a different statute, subject to an ad valorem tax for the same purpose, is valid to the extent that it provides for a tax upon vehicles “used in the conducting of or in connection with the regular business of the per- son or persons so using them,” the subject of taxation being the business, and not the vehicles used as means in carrying it on; but so far as the stat- ute imposes a tax upon vehicles “owned and used in the city for family use only,” it is invalid, this being a double tax directly imposed upon the same property for the same purpose.—I>. Money received by a city in considera- tion of a license to sell can not be retained if the city fail to issue a valid license.—City of Owensboro v. Elder, Decided by the Court of Appeals Septem- ber 28, 1881; unreported. It was not necessary to allege that he, the person to whom the license was issued, received no benefit from the license issued; this is not like a case where the city has improved the property of a party, although under a void ordinance; the party paying will not be allowed to re- cover the money back when he has derived such benefits as would have resulted from the labor expended, if the ordinance had been a valid one. —Ib. 403 Ordinance, approved May 31, 1879. 1, et seq. Sec. 404 Ordinance, approved Apr. 2, 1888. Sec. 1, et seq. Ordinance, approved Dee. 17, 1869. Sec. 1, set seq: Ordinance, approved Jan. 19, 1874. LICENSE. $50,000 and not exceeding $100,000, 8100; each bank hav- ing a capital of over $100,000 and not exceeding $200,000, - S150; each bank having a capital of over. $200,000 and not exceeding $300,000, $200; each bank having a capital of over $300,000 and not exceeding $400,000, $300; each bank having a capital of over $400,000 and not exceeding $500,000, $400, and each bank having a capital exceeding $500,000, 8500. Each day any incorporated bank shall do business in this City without first obtaining a license, as provided in Section 1 of this ordinance, shall be held to be a distinct offense, and for each and every violation of this ordinance shall be fined twenty dollars. 29. Each and every billiard table in this City kept for profit or hire or compensation of any kind shall pay a license of fifty dollars per annwm into the Sinking Fund, provided, however, if the establishments in which such table or tables are kept do not sell or allow to be sold or drunk on the premises any spirituous, fermented or vinous liquors, then the rate for such table or tables shall be twenty-five dollars each. Any person who shall keep a billiard table without having first obtained a license as provided in Section 1 of this ordinance shall be fined for each offense not less than twenty-five nor more than fifty dollars. 26. The price of license per annwmn for butchers, huck- sters, and traders in the private markets shall be as fol- lows, v7z.: Butchers’ license, twenty-five dollars per annum, hucksters’ and traders’ license, not less than ten nor more than thirty dollars, to be rated by the License Inspector. Gardeners retailing vegetables of their own raising shall not be required to pay license therefor. Any person who shall sell or offer for sale without having first procured a license as provided in the foregoing Section, or who shall violate any of the provisions of this ordi- nance, shall for each'offense be fined not less than five nor more than twenty dollars. 27. Any person whose business it is to buy, or sell, or LICENSE. 405 —— deal in horses, cattle, hogs, or sheep, shall be considered as a cattle-broker, and shall pay each an annual license of twenty-five dollars. Any person violating this ordi- nance shall, for each offense, be fined not less than ten dollars, nor more than twenty-five dollars. 28. Each and every chiropodist who is engaged in the Ordinance, : briny : : - ‘ ’ approved July practice of his profession in said City for fee or reward, 14, 1870. shall pay a license of ten dollars per annwm. Any person violating any of the provisions of this ordinance shall for each offense be fined not less than five nor more than ten dollars. 29. The price of license for a circus shall be fifty Ro dliNoe: dollars for each twenty-four hours, and any person who 17, 1853. shall exhibit a circus in The City without license, shall be fined not less than fifty nor more than a hundred dollars for each day’s offense. This license shall apply only to the exhibition under one large booth or awning, and all those exhibitions that accompany the same, that also exhibit for profit separate from the other, shall be charged an additional twenty-five dollars, each, for each twenty-four hours so exhibited. 30. Hereafter it shall be unlawful for any person to Ordinance, engage in the business of obtaining pensions from the Se iaT7, ne government of the United States or prosecuting or collect- ing claims against the same for compensation without having first obtained a license therefor. The price of the license for such claim-agent shall be twenty dollars per annum. Any one violating the provisions of this ordi- nance shall for each offense be fined not less than ten dollars nor more than fifty dollars. 31. All clairvoyants who shall practise their business Ordinance, : ‘ : : approved Aug. in said City for fee or reward, shall each pay a license of 93° 1879. twenty dollars per annum. Any person who shall violate this ordinance shall, for each offense, be fined not less than five nor more than fifty dollars. 32, Every club-house and club-room and every place Seat ais approvec Cl. of resort generally known as such, wherein malt, fer- 10, 1871. 406 An ordi- nance concern- ing coffee- houses and cof- fee-house keep- ergs as to the rates of license and regulations for such houses. Approved Oct. 30, 1882. Sec. 1. Id., Section 2. LICENSE. mented, vinous, or spirituous liquors are sold by retail within The City of Louisville, shall pay a license of two hundred dollars per annwm. Any person violating any of the provisions of this ordinance shall be fined for each offense not less than twenty nor more than fifty dollars. 33. Each and every applicant for a license to keep a coffee-house in The City of Louisville shall transmit a petition to the General Council, signed by a majority of persons residing, doing business, or owning property within four hundred and twenty feet of the house or place where it is proposed that the coffee-house business Shall be conducted, said petitioners expressing their desire that the license be granted, and their belief that the applicant will keep an orderly and respectable house. The petition shall be accompanied by a statement from the Secretary and Treasurer of the Sinking Fund of the class for which the license ought to be issued, and shall be acted upon at the regular meeting of the General Council next after the meeting when it is received, or so soon thereafter as practicable, and no license to keep a coffee-house shall be granted except upon such petition and statement. 34. The General Council, being satisfied to grant such a license, shall, through the clerk of the Board of Coun- cilmen, notify the applicant that he will have such license upon the payment into the Sinking Fund of the charge therefor. Upon making such payment, the applicant must also execute a bond, with good security, before the chief License Inspector, or one of his assistants, in the following form : “Know all men by these presents, that we (name of grantee and name of security) are held and firmly bound unto the Commonwealth of Kentucky in the sum of five hundred dollars, for the payment of which we bind our- selves, our heirs, executors, and administrators, jointly and severally, firmly _ by these presents. , 18—. “The condition of the above obligation is such that, whereas the said has obtained a license to keep a coffee-house at street, in The City of Louisville, for the term of Now, if the said «“ Witness our hands and seals this day of LICENSE. 407 shall keep an orderly and quiet house, and not permit gaming or riotous or disorderly conduct therein, and shall not violate any of the ordinances of The City of Louisville in relation to coffee-houses or coffee- house keepers, then this obligation to be void, otherwise to remain in full force and virtue.” , Upon payment being made, and bond executed as aforesaid, the chief License Inspector, or one of his as- sistants, shall issue to the grantee a certificate that he is duly licensed, which certificate shall be in form as fol- lows: “This is to certify that at No. — Street, in The City of Louisville, with the privilege of re- tailing liquors, he having paid into the Sinking Fund of said City dollars, the price thereof, and executed bond to comply with all the ordi- nances of The City of Louisville in regard to coffee-houses and coffee-hous » keepers. has obtained license to keep a coffee-house 99 35. Coffee-houses shall be classed into three classes, 77. section 3. the price of license for which shall be respectively as fol- lows, to wit: For the first class, one hundred and fifty dollars; for the second class, one hundred and twenty- five dollars; for the third class, seventy-five dollars per annum. 36. The General Council shall, at the time of granting J, Section 4. the license, fix the class of the applicant. 37. No license shall issue for a longer period than one 17, Section 5. year, and shall be limited to the person or persons des- ignated, and to the place designated. 38. All licenses shall run from the date of the issuance 77, section of the same. oP) ’ ~ . 39. The certificate of license for retailing malt, fer- 1., Section 7 mented, vinous, or spirituous liquors shall be hung up in a conspicuous place in the bar-room of the person licensed, and be at all times plainly exposed to public view. 40. If on certain days, on account of unusual excite- 77. section ment being anticipated, the Mayor shall deem it necessary for the public peace and welfare to require all coffee- houses to be closed, he may issue his proclamation to that effect, and all coffee-house keepers shall on such 2) 408 LICENSE. days close their bars and refrain from selling liquors accordingly. . Id., Section 9. 41, Any person violating any one of the provisions of this ordinance shall, for each offense, be fined, before the Jity Court of Louisville, not less than twenty nor more than one hundred dollars. ie aes 42. Any person or firm whose business it: is, as an 14, 1870. agent, to negotiate sales or purchases of goods, wares, or merchandise, shall be deemed a commercial agent, and shall be licensed. Commercial agents whose annual sales and purchases do not exceed one hundred thousand dollars shall pay a license of twenty-five dollars per annum, and if such sales and purchases exceed the sum of one hundred thousand dollars, shall pay a license of fifty dollars per annwm. Any person violating any of the provisions of this ordinance shall be fined not less than twenty nor more than fifty dollars for each offense. _ Ordinance, 43, Each and every person whose business it is to buy approved July 14, 1870. or sell or deal in milch cows exclusively shall pay a license of ten dollars per annum. Any person violating any of the provisions of this ordinance shall for each offense be fined not less than ten nor more than twenty dollars. An ordi- 44, Every person, firm, or corporation who distills nance to license 2 distillers. Ap- spirits, or who brews or makes mash, wort, or wash for PaO he distillation or the production of spirits, shall be deemed a distiller, and shall be licensed and classified thus: 1. Distillers who distill not exceeding five hundred barrels per annum shall pay $50 per year. 2. Not exceeding one thousand and over five hundred barrels per annwm, shall pay $100 per year. 3. Not exceeding one thousand five hundred and over one thousand barrels per annwwin, shall pay $150 per year. 4. Not exceeding two thousand and over one thousand five hundred barrels per annwm, shall pay $200 per year. 5. Not exceeding two thousand five hundred and over two thousand barrels per annwin, shall pay $250 per year. 6. Not exceeding four thousand LICENSE. and over two thousand five hundred barrels per annwin, shall pay an annual license of $3800. 7. Not exceeding six thousand and over four thousand barrels per annwin, shall pay an annual license of $400. 8. Not exceeding eight thousand and over six thousand barrels per ai- num, Shall pay an annual license of $450, 9. Those who distill over eight thousand barrels per annum shall pay an annual license of $500. 45. Any person violating any of the provisions of this ordinance shall, for each offense, be fined not less than fifty nor more than one hundred dollars. All laws and ordinances in conflict with this ordinance are hereby re- pealed. 46. The applicant for license under this ordinance shall be sworn by a proper officer as to the amount dis- tilled by him the year previous to his application, as near as may be, and to the best of his knowledge and belief, or the same may be estimated, and the license issued to him shall be upon the basis of such estimate or oath; and if, during the year, it shall be ascertained that such estimate or oath indicated too small or too large an amount, a deduction or an increase in charge for such license shall be made accordingly. . 47. Hereafter it shall be unlawful for any person or persons to own, keep, or harbor upon his or their premises any dog or bitch of the canine species without first obtaining a license therefor as follows: For each dog there shall be paid annually a license of two dollars, and for each bitch there shall be paid annually a license of .two dollars. 48. Upon the payment of said license, the Sinking Fund Commissioners shall cause to be delivered to the owner or Keeper of each dog or bitch upon which license is paid, as required in the foregoing Section, a metal collar of suitable size, to be worn by each dog or bitch, with the word ‘‘licensed’’? and number of same stamped or im- pressed thereon, of which there shall be kept in the office 409 Id., Sections hare Gay Id., Section 4. An VOrgd i nance estab- lishing a license on dogs and bitches. Ap- proved Oct. 21, 1874: See. 1. Id., Section 2. 410 Id., Section 8. TId., Section 4. Ordinance, approved Noy. 28, 1879. LICENSE. of the Sinking Fund a record book of the same, giving the name and residence of the owner and keeper of the dog or bitch, and the date of payment of the license. 49. It shall be the duty of the officers of the Sinking Fund to collect the license herein provided for as other licenses are collected. 50. Any person violating the provisions of this ordi- nance shall, for each offense, be fined not less than three dollars nor more than ten dollars. 3 d1. Every place where food or refreshments of any kind, not including spirits, wines, ale, beer, or other malt liquors, are provided for casual visitors and sold for con- sumption therein, shall be regarded as an eating-house, and shall pay a license, those of the first class $80 per annwin, second class $20 per annwm, third class $10 per annum, 3The following is the unreported decision in the case of Oyler v. City of Louisville, Decided by the Court of Appeals of Kentucky, November 21, 1879: “Dogs are not property in any such sense that the public may not for its owh convenience or safety prohibit any one from keeping or permitting a dog to be harbored on his premises. The General Council of Louisville has power to pass ordinances imposing fines not exceeding one hundred dollars for any designated misdemeanor not provided for by the general laws of the State. Sec. 8, pp. 10 and 11, Lucas’ Charter. Dogs, though sometimes useful, are known not to be generally so, and it is also known that they are often mischievous, and sometimes dangerous, and the keeping of them may be restrained, Tenny v. Lenz, 16 Wis., 568, or even prohibited by the law-mak- ing power. The power to prohibit altogether includes power to prescribe the terms on which they may be kept, and the General Council therefore had power under that provision of the charter referred to, supra, to pass the ordi- nance in question, the license fee being imposed, not as a tax, but to defray the expense of ‘issuing the license and furnishing a collar for each dog licensed, and by way of restraining the keeping of dogs within The City. Tenny v. Lenz, supra; Board of Trustees v. Markham, 5 Bush, 481. We perceive no irregularity in the proceedings of either Board of the General Council, except that the ordinance seems to have been.voted on by the Board of Aldermen on the same day it was received from the Board of Common Councilmen, in violation of Rule Number 9 of the Aldermen. The charter quires each Board to adopt rules for the transaction of business, but it does not make an adherence to those rules necessary to the validity of the acts of the General Council. The rules are for the government of the Boards and that they were not being observed may furnish grounds of objection in the Council, but will not affect acts otherwise regularly adopted, after they have passed out of the hands of the two Boards and the Mayor.” + LICENSE. to be assessed as provided for by act of the Common- wealth of Kentucky, approved March 18, 1870. Any person violating any provision of this ordinance shall, for each offense, be fined not less than five nor more than twenty dolars. 52. Offices or places where money, notes, or bills ‘of exchange are bought or sold, shall be licensed as ex- change offices, and the price of license therefor for one year shall be according to the class in which it shall be placed by the License Inspector, and for one in the first class, $800; second, $200; and third, $100. 93. The price for making any lecture, concert, theat- rical exhibition, or other exhibitions for money or prop- erty, except lectures on scientific subjects, and such as are otherwise provided for, shall be not less than five nor more than twenty-five dollars for each day or night, nor less than twenty dollars nor more than forty dollars for a month, as the Assessor may rate them, or two hundred dollars for a year, the time to be specified in the license. An ordinance entitled ‘‘An ordinance as to the license for exhibitions,’’ is so amended es to theaters as to fix the an- nual license for such places of amusement at two hun- dred dollars per annum. 04. Each and every express company having an office or agency and doing business in this City shall pay a license of two hundred dollars per annum. Any one violating any of the provisions of this ordinance shall, for each offense, be fined not less than twenty-five dol- lars. 4 4The unreported opinion in the case of the Adams Express Company v. Louisville, Court of Appeals, September 23, 1871, is as follows: “Although the petition alleges that the license inspector exacted and received the sum of five hundred dollars for license under the ordinance set out in the petition, it neither alleges that the General Council enacted no other ordinance on the same subject, nor that it did not adopt and ratify the action of the inspector in putting the Adams Express Company in the first class of such corporations, of which a license for five hundred dollars wus exacted, and we can not therefore presume that the action of the inspector, in 411 Ordinance, approved Nov. 14, 1858. Ordinance, approved Nov. 17, 1853; and ordinance ap- proved Sept. 3, 1866. Ordinance, approved Apr PePAST le 412 Ordinance, approved July 24, 1882. Ordinance, approved July 23; 1870. . Ordinance, approved July 5, 1881. Ordinance, approved Apr. 28, 1877. LICENSE. 99. Flying-horse arrangements or establishments in The City of Louisville shall pay a license of two hundred dollars per week. Any person who shall keep or open for public any flying-horse arrangement or establishment without first obtaining a license so to do shall be fined fifty doHars for each day such flying-horse shall have been used before the granting of such license. 96. All fortune-tellers who shall practise their business in said City for fee or reward shall pay a license of two hundred dollars per annum. Any person violating any of the provisions of this ordinance shall, for each offense, be fined not less than twenty nor more than fifty dollars. 97. Any person may sell in The City of Louisville fresh meats and fresh vegetables in such quantities as they may desire at the place to be designated in their license, upon the payment into the Sinking Fund of said ‘ity the sum of thirty dollars per year, or fifteen dollars per six months. Any person violating this ordinance shall be fined not less than five dollars nor more than twenty dollars for each day that said business may be carried on without license. 598. Every person or firm composed of one or more per- sons whose business it is to act as agent for any party in the leasing or renting of houses or real estate, or who shall advertise or hang out any sign or device which shall designate him as an agent for the renting or leasing of houses orreal estate, shall be considered as house-agents, and shall pay the annual license of twenty-five doliars to the Treasurer of the Sinking Fund before any such person or . firm shall be permitted to transact any such business, and granting the license and exacting the fee therefor of five hundred dollars, was not substantially and really the action of the General Council, done under the law authorizing it to provide for licensing express companies. Wherefore, waiving the consideration of the constitutional questions, pre- sented in the argument, we are of the opinion that the statement of facts made in the petition does not constitute a cause of action for restitution of the license fee, and the demurrer to the petition was properly sustained. Where- fore the judgment is affirmed.” LICENSE. if such person or firm fail to pay said license, then he or they shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined not less than five nor more than twenty-five dollars for each offense; provided, that the real estate agents who have paid a special license therefor shall not be required to pay a house- agent’s license. 59. Every huckster doing business in said City shall pay a license of ten dollars per annwm,; provided, how- ever, that the provisions of this ordinance shall not be so construed as to apply to any person or persons living in the country that may bring to The City any country pro- duce or marketing and sell the same from his or their wagons, whether to the stores or upon the streets to the citizens. Any person violating the provisions of this or- dinance shall, for each offense, be fined not less than five nor more than twenty dollars. 60. From and after the passage of this ordinance all persons, firms, or corporations who shall engage in the business of selling or delivering any beer, ale, porter, or any other kind of malt or fermented liquors, within this City, which has been brewed out of this City, shall pay a license for doing such business; provided, however, that coffee-house keepers, hotel-keepers, and liquor dealers who have license shall not be affected by this ordinance. 61. Those whose sales amount to $500,000 shall pay a license of $600 per annwm, those whose sales amount to as much as $400,000 shall pay a license of $500 per annum; those whose sales amount to $800,000 shall pay a license of $400 per annum, those whose sales amount to as much as $200,000 shall pay a license of $300 per annum, those whose sales amount to as much as $150,000 shall pay a license of $200 per annwm, those whose sales amount to as much as $100,000 shall pay a license of $150 per annum, those whose sales amount to as much as $75,000 shall pay a licesne of $125 per annwm,; those whose sales amount to as much as $60,000 shall pay a license of S100 per annum; those whose sales amount to as much as $50,000 shall pay a Ordinance, approved Oct. Dh Mg bth tB Ordinance, approved July 23, 1870. Sec. 1. Id., Section 2. 414 LICENSE. Id., Section 3. I2., Section 4. Td., Section 5. Ordinance, approved Apr. 18, 1871 license of $75 per annum, and all others who sell less than as much as $50,000 of said liqiors shall pay for their license at the rate of one sixth of one per cent. on their sales; provided, that no person doing such business in this City, whether he has a place of business in said City or not, and whether he sells by sample or otherwise, shall be permitted to take out a license to do such business and pay for the same not less than twenty-five dollars. 62. Those who sell such liquors as agents, or who have not a regular and stated place of business in this City, or who act as agents for the delivery of such liquor sold to parties in this City, shall take out a license therefor according to the provisions herein. 63. Any person, firm, or corporation violating any of the provisions of this ordinance shall be fined not less than twenty nor more than one hundred dollars for each offense. 64. Every applicant for license under this ordinance shall be sworn by a proper officer as to the amount of his sales the year previous to such application, to the best of his knowledge and belief, or the same may be estimated, and the license issued to such person, firm, or corporation shall be upon the basis of said previous sales so estimated or sworn to; and if during the year it shall be ascertained that such estimate, whether under oath or otherwise, indicated too large or too small an amount of sales, a deduction or an increase in charge for such license shall be made accordingly. 65. Hach and every insurance company having an office or agency, and doing business in this City, shall first obtain a license therefor and shall be rated as follows, to wit: Kach company whose capital and assets do not exceed three hundred thousand dollars shall pay a license of one hundred dollars per annwm; each company whose sapital and assets is over three hundred thousand dollars, and does not exceed eight hundred thousand dollars, shall pay a license of one hundred and fifty dollars per LICENSE. 415 annum; each company whose capital and assets exceed eight hundred thousand dollars shall pay a license of two hundred dollars per annwn. Any one violating this ordinance shall for each offense be fined twenty-five dollars. 66. Intelligence-office keepers shall pay an annual license of twenty dollars. Every person whose business it is to find or furnish places of employment for others, or to find or furnish servants upon application in writing or otherwise, receiving compensation therefor, shall be regarded as an intelligence-office keeper. Any person violating any of the provisions of this ordinance shall for each offense be fined not less than five nor more than ten dollars. 67. No person shall do business in this City as a liquor merchant or dealer in liquors without first obtaining a liquor dealers’ license. 68. Liquor dealers and merchants shall pay an annual license of $1 for each $1,000 worth of liquors sold by them, or at that rate on their sales; and those whose sales amount to $1,000,000 or over shall pay a license of 8700 per annum, and those whose sales are less than $1,000, 000 and over $600,000 shall pay a license of $650 per annum. 69. No one who sells liquor by the glass, to be drunk in the house, shall be licensed under the provisions of this ordinance. 70. If any merchant or dealer in liquors as aforesaid shall do business without a license, or make sales beyond the amount authorized by his, her, or their license, he or she shall be fined not less than ten dollars for each day that said business may be carried on without license or beyond the amount authorized. 71, It shall be the duty of merchants and dealers afore- said, whose sales exceed the amount authorized by his, her, or their license, to take an additional license to cover said sales, and it shall be the duty of the License Inspector to issue such license upon the payment of the Ordinance, approved July 14, 1870. An Ordi- nance reguiat- ing and estab- lishing the rates of license of liquor deal- ers. Approved July 23, 1870. Sec. 1. Id., Section 2. Id., Section 3. Id., Section 4. Id., Sections 5 and 6. LICENSE. Id., Section 7, Ordinance, approved July 14, 1870. Ordinance, approved Oct. 29, 1853. Ordinance, approved Oct. 28, 1853. Ordinance, approved July 14, 1870. theretofore issued, and shall cancel the old license. If any merchant or dealer shall continue to sell beyond the amount authorized by his, her, or their license for thirty days, the License Inspector shall assess and collect from him the rate of license next above the one he has taken out, and said merchant or dealer shall not be entitled to a license authorizing any kind of business whatever in The City of Louisville until he has paid said assessment. All laws and ordinances in conflict herewith are hereby repealed. 72. The applicant for license under this ordinance shall be sworn by a proper officer as to the amount of his sales the year previous to his application, as near as may be, or to the best of his knowledge and belief; or the same may be estimated, and the license issued to him shall be upon the basis of his sales so estimated or sworn to; and if during the year it shall be ascertained that such esti- mate or oath indicated too large or too small an amonnt of sales, a deduction or an increase in charge for such license shall be made accordingly. 73. Any person whose business it is to keep horses for hire or to let, or to Keep, feed, or board horses for others, shall be regarded as a livery-stable keeper, and shall be licensed as follows: For one of the first class, fifty dollars per annum; second class, thirty dollars per annum; third class, twenty dollars per annwm. The mode of assessment to be regulated by the Board of Commissioners of the Sinking Fund, as per act approved March 18, 1870. Any person violating any of the pro- visions of this ordinance shall for each offense be fined not less than ten nor more than twenty dallars. 74. The price of license for a year for keeping a lottery office shall be two hundred dolars. 75. Licenses for rent of stalls in the market-houses shall be paid for in bankable funds. 76. Every person or firm whose business it is, for profit, gain, or hire, to give information to others concerning the LICENSE. 417 difference between the amount received for the license credit, business standing or pecuniary condition of mer- chants, tradesmen, or of any other class of persons, shall be deemed mercantile agents, and shall pay a license therefor of fifty dollars per annum. Every person vio- lating any of the provisions of this ordinance shall be fined not less than twenty nor more than thirty dollars. 77. Every person whose business it is to sell or offer for sale patent-rights shall be regarded as a patent-right dealer, and shall pay a license of ten dollars per annwi. Any person violating any of the provisions of this ordi- nance shall for each offense be fined not less than five nor more than ten dollars. 78. Every person whose business or occupation it is to take or receive, by way of pledge, pawn, or exchange, any goods, wares, or merchandise, or any Kind of personal property whatever, as a& security for the repayment of money lent thereon, other than keepers of exchange- offices, banks, bankers, and commission merchants, shall be deemed a pawnbroker, and shall pay a license therefor, and the price of such license shall be one hundred dollars per annum. Any person violating any of the provisions of this ordinance shall for each offense be fined not less than twenty nor more than fifty dollars. 79. Any peddler who shall sell or offer to sell goods, wares, or merchandise of any kind whatever in said City shall pay a license of twenty dollars per annwm, or five dollars for one month. Any person violating any of the provisions of this ordinance shall for each offense be fined not less than five nor more than ten dollars. 80. Any person who makes for sale photographs, ambrotypes, daguerreotypes, or pictures of any kind by the action of light, shall be regarded a photographer, and shall pay an annual license therefor of ten dollars. Any person violating any of the provisions of this ordinance shall for each offense be fined not less than ten nor more then twenty dollars. 27 Ordinance, approved July 14, 1870. Ordinance, approved June LS hor. Ordinance, approved Apr. 12 18708 Ordinance, approved July 14, 1870. 418 LICENSE. Ordinance, approved Apr. 1, 1874. Ordinance, approved Jan. 4, 1870. Ordinance, approved Apr. 6, 1882. 81. Pork-houses, in the payment of license, shall be divided into five classes, and shall pay an annual license therein as follows, to wit: First class, two hundred and fifty dollars; second class, two hundred dollars; third class, one hundred and fifty dollars; fourth class, one hundred dollars; fifth class, fifty dollars. The above classification shall be as follows, to wit: Class first shall authorize the slaughter, annually, of any unlimited number of hogs; class second shall authorize the slaugh- ter, annually, of any number of hogs not exceeding thirty thousand head; class third shall authorize the slaughter, annually, of any number of hogs not exceed- ing twenty thousand head; class fourth shall author- ize the slaughter, annually, of any number of hogs not exceeding ten thousand head; class fifth shall au- thorize the slaughter, annually, of any number of hogs not exceeding five thousand head. Any person vio- lating the provisions of this ordinance shall be fined not less than thirty nor more than fifty dollars for each offense. 82. Porters engaged in carrying baggage for trav- elers, or expressing goods or merchandise from any part of The City, in any vehicle drawn by hand, shall be licensed, and the price of license per annwm shall be five dollars for each person licensed. Each porter, before obtaining license, shall execute bond to The City in the penalty of two hundred dollars, with ap- proved surety, conditioned that such porter shall faith- fully account for all baggage or merchandise to the person entrusting him therewith. He shall be assigned a num- ber, which he shall place conspicuously on his vehicle whenever he is engaged in his business. For each neg- lect or failure to comply with either of these require- ments he shall be fined ten dollars. 83. Every society, association, person or persons who shall give any public ball or dance, in said City, for which they shall charge any fee for admission, either by the sale of tickets or by any other device by which money or other LICENSE. thing of value shall be received or paid for such ball or dance, shall pay a license, for each such ball or dance, of ten dollars. Any person who shall act as manager, door- keeper, seller of tickets, or in any way take part in the conduct or management of said balls, shall be amenable to the provisions of this ordinance. See CHARITIES AND CoRRECTIONS—FINES AND MISDEMEANORS— FEDERAL RELATIONS—CouNTY RELATIONS—MARKETS—SCHOOLS. Ordinance, approved Nov 4, 1874. CHAPTER XXXVI. PUBLIC WAYS. CONT EN ei 1. What are public ways; exclu- sive control of them; what are im- provements of public ways; how improvements are to be made. 2. Original construction; cost of the improvement; how and by whom paid; manner of apportionment. 3. A lien upon adjacent property created and interest allowed on un- paid costs of original improvement of public ways, reconstruction of side- walks, and of digging and walling of public wells and cisterns; how such lien may be enforced in a court of law; rule as to passage of ordinances for such improvements. 4. Cost of making sidewalks; how apportioned. 5. Improvements by property- owners on permission of the General Council. 6. Attested copies of certain papers to be conclusive proof in actions at law in respect to some things and prima facie evidence as to others; right of redemption to exist two years from the date of the order of court confirming sale. 7. Apportionment warrants; pro- visions for their issuance, registration, etc. 8. The repairing and cleaning of public ways and making of footway crossings. 9, Eastern and Western Districts created for the purpose of assessment for reconstructing carriage-ways. 10. The street-improvement com- mittee created; + duties. 11. Power of the Council in refer- ence to repairing and cleaning public ways. 12. The City divided into Eastern and Western Districts for the pur- poses of repairing public ways and making crossings. 18. Such work in each district to be let to the lowest bidder; form and nature of proposals. 14. Regulation of contracts. 15. The amount and character of work to be determined by Council resolution. 16. The assessment of expenses. 17. Existing contracts not affected by this law. 18. Gas and water pipes, private drains, etc., to be laid before the recon- struction of a street, upon ten days’ notice. 19. Notice of intended construction to be given to gas and water compa- panies and property-holders by the Engineer. 20. Excavations in public ways to be inclosed. 21. Excavations adjoining public ways regulated. 22. Digging or removing sand, gravel, stone, or earth from public ways prohibited; fine. 23. Injury to public ways from adjoining excavations to be repaired by the person making such excava- tions; fine. 24. All vaults and other excava- tions in public ways to be arched in and securely covered; fine. PUBLIC WAYS. 497 25. Holes and excavations in pub- lic ways to be repaired within a day after completion of work. 96. Fine for violation of 20 and 21. 27. Unlawful to leave vehicles on sidewalks during night-time. 98 Unlawful for beasts or vehicles to go upon sidewalks, | 29. Unlawful to occupy sidewalks for horse-shoeing or wheel-tiring. 30. Unlawful to place any building or erection upon a sidewalk. 31. Unlawful to inclose a sidewalk or a part thereof, except as permitted by ordinance. 32. Unlawful to place or keep ona sidewalk any wood, coal, lime, sand, evc. 33. Unlawful to dig, break, dis- place, or injure pavement or curbing. 34. Displacement or injury to pave- ments and sidewalks for the purpose of private improvements to be re- paired within a day after the work is completed. 35. Bricks, stone, dirt, sand, etc., placed on sidewalks during improve- ments to be removed within-a day after the work is completed. 36. Such brick, stone, dirt, efc., placed upon a street or alley to be removed within three days after the work is completed. or 37. Unlawful to occupy a sidewalk for vending articles. 38. Unlawful to throw or pour or permit to run, or cause to be run, over a sidewalk, any slop, filthy water, offal, ete. 39. Unlawful to place or throw on a sidewalk filth or offal, peels, skins, rinds, ete. 40. Three feet next the property line or next the curb allowed for dis- playing goods. 41. Unlawful to leave a vehicle or other obstructions in the streets day or night. 42. Only one-third of a_ streets’ width may be used during the im- provement of adjoining lands. 43. Sidewalks may be used in ship- ping or receiving goods and merchan- dise, provided a passage-way be kept open. 44. Unlawful to allow water to flow from drain and other pipes upon or Into a way during the construction, 52 repairing, or reconstruction of such way. 45, Fine for violation of ordinance. 46. Effect of ordinance on previous laws. 47. Unlawful for three or more per- sons to congregate on streets or side- walks so as to obstruct passage. 48. Fine for violation of ordinance. 49. A Street-cleaning Department established; officers and employes; compensation. 50. Employment by contract of drivers, carts, and teams, and the use thereof, under the Mayor’s direction. 51. The Mayor’s control over the street-cleaning force. 52. The Supervisor of street-clean- ing to execute bond. 53. Duties of the Supervisor. 54. Scavenger districts. 55. City garbage-carts to go their rounds at regular periods and remove garbage. 56. Times at which carts shall tra- verse each district. 57. Garbage boxes. 58. Duties of policemen with re- ference to garbage and its removal. 59. The sprinkling of streets. 60. Leakage and waste in taking yater from fire-plugs; regulation of tubes, orifices, ete. 61. To sprinkle streets without license a misdemeanor. 62. More than one party not to sprinkle the same square. 63. Sprinkling regulated. 64. The sprinkling tube; excessive sprinkling, causing mud and pools of water, prohibited. 65. The ordinance not applicable to private sprinkling with hose. 66. Regulation of the sprinkler- tube and orifices. 67. Violations of the ordinance. 68. Time at which certain provi- sions shall take effect. 69. The in fencing of excavations and the lighting of obstructions in the streets. 70. Violation of the ordinance a misdemeanor. 71. The cost of improving public ways; apportionment and lien. 498 PUBLIC WAYS. ———EEE A Be CLO amend the charter of The City of Louis- ville. Ap- proved March 24,1882. Sec. ds 72. Lawns and grass plots on 83. Directions to the Engineer. Third Street, between Kentucky and GA Bohne (Strectiriateen eae 85. Griffiths Avenue named. 73. Lawns and grass plots on East Broadway, from Baxter Avenue to 86. Tyler Avenue named. the City boundary. 87. Murrell Court named. 74. Authority to reduce the width 88. Big Mack Avenue named. of certain streets and alleys. BOS Bickh PAs enietened 75. Authority to close all streets 90. Monroe Street, between Tenth between Seventeenth, Nineteenth, | and Twelfth, named Rowan Street. and Bank Streets and Portland Ave- Sl. Market Gtrests weet om ieren™ pn Pees : ty-sixth Street, named. ie: Approval of the a 92. Burnett Avenue named. sine tsi See ee 93. Twenty-first Street, between 78. Story Avenue named. Rowan and Bank Streets, named. 79. Reservoir Avenue named. 94. Bertrand Street named. 80. Frankfort Avenue named. 95. Nashville Avenue named. 81. Barrett Avenue named. 96. Preston Lane named. 82. Various streets in the West- 97. Morton Avenue named. ern. District re-named. 98. Lucas Place named. 1. Public ways, as used in this act, shall mean all public streets, alleys, sidewalks, roads, lanes, avenues, highways, and thoroughfares, and shall be under the exclusive management and control of said City, with power to improve them by original construction and reconstruction thereof, as may be prescribed by ordi- nance; improvements, as applied to public ways, shall mean all work and material used upon them in the con- struction and reconstruction thereof, and shall be made and done as may be.prescribed either by ordinance or contract approved by the General Council. ! 1 DEDICATION oF PuBLIc WaAys.—The legal effect of a dedication must be determined by the terms of the dedication, and not by the intentions of the dedicator in making it—E., Lex. § B.S. R. R. v. Combs, 10 Bush, 382. When land is laid off into lots, streets, and alleys, and lots are sold, each lot- owner has the right not only to use the streets as ways of ingress and egress, but also to have them thrown open to be used by the public in any manner consistent with the uses for which they are established.—F.. § P. R. R. Co. v. Thompson and others, 79 Ky., 52. But the occupation and use of the street of a city or town as the site of a steam railroad, does not entitle owners of the fee adjacent thereto to the center of the street to compensation, as for prop- erty taken for public use-—Jb. A street in an incorporated town is not a public road, within the meaning of Section 41, Chapter 94, of the general statutes, providing a punishment for erecting a fence in or across a public PUBLIC WAYS. 499 2. When the improvement is the original construction Jd., Section 2. of any street, road, lane, alley, or avenue, such improve- ment shall be made at the exclusive costs of the owners of lots in each fourth of a square, to be equally appor- tioned by the General Council according to the number of square feét owned by them respectively, except that road.—Clark and others v. Commonwealth, 14 Bush, 166. The bare recitals in the deed are not evidence sufficient of a dedication to the public use; and even if they were construed to be an act of dedication, this alone would not convey the way to the public use. The dedication must be accepted by the city or county court upon their records, or by continued use and recognition of the alley as a highway, for such a length of time as would imply an acceptance.— Brizzolari v. Senour & Noonan, Superior Court, Oct. 9, 1882, unreported. If land be conveyed as bounded by an alley, there is an implied covenant that such an alley actually exists, and the grantor, his heirs and assigns, are estopped to deny its existence—Jb. When the owner of land adjoining The City of Louisville recorded a map thereof, laying it off into lots and streets, _ with the intention of dedicating the streets to the City, and sold lots calling for city streets as boundaries, there was a dedication, although at the time the map was recorded the territory embraced therein was not a part of the City.— ‘ Davis, Moody & Co. v. City of Louisville, Court of Appeals, Feb. 24, 1883, un- reported. That provision of the Louisville charter, which declares as public all streets and parts of the same laid out or extended by any person or persons, amounts to an acceptance of such dedication for the use of the public, without any affirmative act on the part of the City; this provision, which is found in the old charter [1851], is not inconsistent with the new charter, and is, therefore, not repealed by it—IJb. The exclusive use of the street is in the public, even when the fee to the center of the street isin the owners of the abutting lots; such owners have not, nor can they haye, any possession or right to the possession, in fact or in law, of the street or any part of it—J., M. ¢ I. R. R. Co. v, Esterle, 13 Bush, 667. But, the owner of the abutting lot has an interest in the street inseparably accompanying his title to the lot, and this interest consists of certain valuable and indispensable ser- vices and easements in and over that street, which are as inviolable as his property in the lot itself; this peculiar interest exists as well when the fee is in the public as when it is in the lot-owner.—J/., M. § I. R. R. Co. v. Esterle, 13 Bush, 667, The title and possession of streets are in the public, and it alone can, by its representatives the municipal authorities—maintain any action for recovery of possession or for an injury to the street.—Cosby v. O. fk. Rk. R. Co., 10 Bush, 288. The right to use the street is an incorporeal hereditament legally attached to the ground contiguous thereto—an incident to the title assured by law—a right of which the owners of such contiguous property can not be deprived without compensation.—Jb. But exclusive use and possession of the street of a town for more than fifteen years, under a purchase from the trustees of the town, vested the purchaser with title, whether or not the trustees of the town were invested with authority to sell.— Brown v. Stubblefield’s Administrator, Court of Appeals, Oct. 21, 1882, unreported. HOO PUBLIC WAYS. corner lots (say, thirty feet front and extending back as may be prescribed by ordinance) shall pay twenty-five wer cent. more than others for such improvements. Hach subdivision of territory bounded on all sides by principal streets shall be deemed a square. When the territory contiguous to any public way is not defined into squares It is not competent for the citizens of a town, by deed, to transfer to an indi- vidual the title to or exclusive use of the streets, alleys, or public grounds dedicated to the use of the public— Alves’ Executors and Heirs v. Town of Henderson, 16 B. Mon., 131. If a private citizen take and hold possession of a public way in a town for twenty years, the complete title will be vested in him or those holding under him.—Dudley v. Frankfort, 12 B. Mon., 610. But the possession and use must be adverse and the use exclusive.—Alves’ Executors and Heirs v. Town of Henderson, 16 B. Mon., 131, The dedication of streets and alleys to the use of the public, to be effectual, must be accepted by the corporation; and the presumption of an acceptance by the corpora- tion is rebutted by the fact of the continued possession by the original pro- prietor, and particularly his vendees, although the dedication be evidenced by the recording of a plat of the town and sale of lots— Trustees of Lagrange v. Bain, Court of Appeals, September 26, 1882, unreported. The act of dedi- eating land to public use fora street or highway does not of itself convert the land dedicated into a public street or highway; there must be some acceptance of the dedication by the town if a street, @r by the county court if a public road, before an indictment can be maintained against those whose duty it is to keep the street or road in repair, or against others for a nuisance in obstructing travel, etec—Gedge and others v. Commonwealth, 9 Bush, 61. The dedication must be accepted by the local authorities either upon their records or by continued use and recognition of the land as a highway for such a length of time as would imply an acceptance.—J6. The continuous use of a road by the public for fifteen years or more, with the exercise of power over it in appointing overseers, would constitute it a bighway.—J). And, when a street has been dedicated by a deed, the marking out of the street by order of the town authorities, connected with its use by the public as a street, would be an acceptance of the grant—Jb. Where a dedication of a highway is claimed to have been made to the public, reason and autho- rity require that the acceptance of the dedication must have been made by the county court upon its records, or by such acts of control or recognition as will furnish a presumption of its existence — Wilkins v. Barnes, 79 Ky., 523. Unless a dedication be accepted by the constituted representatives of the public in its organic capacity, the acceptance will be ineffectual_—Td. A plan of a town laid out upon a navigable river, with a space shown upon the plat between the lots and the river, indicating its appropriation to public use, and a sale of lots under such a plat, are circumstances which, in the absence of contradictory evidence, show a dedication of such space to public use. Though the establishment by the proprietor of a ferry upon that space would be sufficient to show a reservation of his right, to the extent of the unin- terrupted and exclusive use for that purpose, and after an acquiescence in such PUBLIC WAYS. by principal streets, the ordinance, providing for the im- provement of such public way, shall state the depth on both sides fronting said improvement to be assessed for the cost of making the same, according to the number of square feet owned by the parties respectively within the depth as set out in the ordinance. claim for more than thirty years it can not be questioned.—City of Newport v. Taylor's Executors, 16 B. Mon., 699; Rowan’s Executor v. Portland, 8 B. Mon., 258. A published map of a town must be taken as the written and recorded representations of the town; of its localities and divisions; its streets, alleys, thoroughfares, commons, and public grounds, so far as they are indicated by it; and in these respects must be regarded as having entered into and formed a part of every contract for the sale of lots in the town, by their number or positions in the plan, and as having been adopted and confirmed by every conveyance of a lot described by a similar reference.— Memphis and St. Louis Packet Co. v. Grey, 9 Bush, 137. Every purchaser of a lot purchases, as ap- purtenant thereto, every advantage, privilege, and easement represented on said plat or map as belonging to it; and every conveyance of a lot or parcel of ground in said town should be regarded as a conveyance of a proportionate right to all these appurtenances.—Jb. And so, where a portion of the grantees of the company to whom the grant called Henderson’s Grant was made, had by an ordinance, set apart a portion of the grant for the town of Henderson, by a plan set forth in a plat, in which public grounds, streets, and alleys were laid down, it was held that the public grounds, streets, alleys, and the space between the lots and the Ohio river, were dedicated to public Alves Executors and Heirs v. Town of Henderson, 16 B. Mon, 131. The owner of the soil not only retains the fee, but he is entitled to all minerals, etc., that may be discovered imbedded in the highway, and such minerals use. may be worked by him in any manner so as not to interfere with the use of the highway by the public.— West Covington v. Freking, 8 Bush, 121. See the decisions therein noticed. Ejectment can not be maintained to recover the title and possession of a street or highway dedicated by the proprietor of the soil to public use; indictment or injunction is the proper remedy.— West Cov- ington v. Freking, 8 Bush, 121, A dedication of land to public purposes may be made by parol and be established by parol evidence.—Griffey et al. v. Bryars et al., 7 Bush, 471. When a dedication or grant of a road or passway to the public or to individuals must be presumed from the circumstances attending its use, they should be such as to sustain the conclusion that such use was without regard to the wishes of the owner of the land, and not merely as a privilege revocable at his pleasure.—Beall v. Clore, 6 Bush, 676. And, if there be no other evidence of a dedication or grant than the pre- sumption arising from the fact of acquiescence on the part of the owner in the free use and enjoyment.of the road or way, such use must have been con- tinuous for the usual or analogous period of limitation to bar the claim of the owner of the land, and render the presumed dedication or grant effectual.—TI6. An owner may dedicate his land to the use of the public by any act which sufficiently evidences his will, without a previous adverse user; and if the 5O1 502 PUBLIG WAYS: 3. A lien shall exist for the cost of original improvement of public ways, for the reconstruction of sidewalks, and for the digging and walling of public wells and cisterns, for the apportionment and interest thereon at the rate of six per cent. per annum against the respective lots, and payments may be enforced upon the property bound site of the road were permanently devoted to public use by its owner, neither he nor his vendees can afterwards reclaim it without a discontinuance of the use on the part of the public—Mclvinney v. Griggs, 5 Bush, 401. When the absolute title to the street is vested in the authorities of a town, instead of a mere easement over said street for public use, the authorities own the coal which is under the surface of such street. And, when individuals mined and removed coal from under the streets of Hawesville, and paid to pretended owners a rental for the same, it was held that, the fee being in the trustees of the town, said trustees might waive the tort committed in the re- moval of the coal without their consent, and recover of the pretended owners the rental so received by them, as money had and received.—Trustees of Hawesville v. Hawes’ heirs, 6 Bush, 232. A fee simple to the streets may be passed to local authorities or the local public by the State legislature in its incorporating act. Ib. A private alley or passway, ten feet wide, was re- served for the benefit of the owners of six lots binding thereon, in the con- veyance of said lots by the original proprietor; by consent of the owners of five of the lots, and of the tenants of the sixth, the owners of an adjacent piece of land erected a three-story building across and over one end of the alley, so as to permit passage to and from the alley through the basement story and agreed that the property holders and their subsequent vendees should have the undisturbed right at all times of passing, etc.; on completion of the building the non-consenting owners of the sixth lot brought suit and obtained judgment for the abatement and removal of the building; the judgment was reversed, and it was held that after the building was finished the full extent of the remedy, if any, was by an action for damages for injury to property.—Lex. City Nat. Bank v. Guynn, etc., 6 Bush, 486. The right of the public to ground in a city or town, which has been dedicated to the use of the public, can not be divested by a mere claim of title or posses- sion, or anything less than actual private occupancy or exclusive use, evidenced by an inclosure, and so continued to be held adversely for twenty years before the assertion of the public right by suit or action.—City of Covington v. McNicle’s heirs, 18 B. Mon., 262; Alves’, etc., v. Town of Henderson, 16 B. Mon.,172. Town authorities have the right to keep streets and alleys open, but. they may not, under pretense of doing so, encroach upon private property.— Dudley v. Frankfort, 12 B. Mon., 610. Authorities so encroaching will be treated as trespassers.—Ib. The center of a street or highway is the limit and boundary of lots or land bounded by such street or highway; and where land is sold bounded on a highway, or upon or along a highway, the thread or center line of the same is presumed to be the limit and boundary of such land, in strict analogy with the case of a stream of water not navigable; and the same rule applies to a private street, as well in the city as in the country PUBLIC WAYS. therefor by proceedings in court, and no error in the proceedings of the General Council shall exempt from payment after the work has been done as required, by either the ordinance or contract ; but the General Council, or the courts in which suits may be pending, shall make all corrections, rules, and orders, to do justice to all par- opened by the grantor, upon which he sells house-lots binding upon it.— Trustees of Hawesville v. Lander and others, 8 Bush, 679. RIGHTS AND RESPONSIBILITIES RELATIVE TO PuBLic Ways.—The power of the legislature to incorporate a city is not questioned; nor is it “oubted that the municipal government has authority, as an incidental corporate right, to grade and pave the streets and to alter and change the grades at any time and in any way that the public convenience may require, and of that the city authorities are the judges, and their decision, made with due regard to paramount laws and private rights, is final and conclusive.—Keasy v. The City of Louisville, 4 Dana, 154. Private property can not be taken for public use without the owner’s consent or a just compensation made to him; but public improvements may be made, in consequence of which an individual may sustain much injury, and yet, unless his property, real or per- sonal, or the use of it, or some prescriptive right, franchise or privilege, is taken from him, or directly interfered with, he has no claim to indem- nity.—Ib. Every owner of ground on a street in a city has a right, as invio. lable as it is indisputable, to the common and unobstructed use of the contiguous highway, so far as it may be necessary for affording him certain incidental easements and services and a convenient outlet to other streets, And of this right the legislature can not deprive him without his consent or a just compensation in money.— Transylvania University v. City of Lexington, 3 B. Mon., 25. The streets of a city or town are established not only for the public, but for the special convenience of those who may purchase the adja- cent lots; and such proprietors have certain rights of use, facilities, and easements, constituting franchises in the nature of incorporeal hereditaments, incident to their titles, which neither the general nor local public can claim- and which are as inviolable as the rights of property in the lots. Where individuals have such peculiar rights in a street, it may be unconstitutional to discontinue it, close it up, or appropriate it to any purpose incompatible with its original dedication, without their consent and a just compensation to them.—Lexington and Ohio R. R. Co. v. Applegate et al.,8 Dana, 289. A property-owner, when his property is not touched nor he deprived of its use, can neither be made to pay for the advantages nor can he claim pay for the disadvantages which result to him from public improvements. And though there may be extreme cases where the deprivation of the use of property not touched may entitle the owner to compensation from the public, as a general rule the law gives no damages where there has been neither trespass nor nuisance.— Keasy v. City of Louisville, supra. The city authorities possess the right to judge when and how a street shall be improved, but the public right to regulate the common passways of the city is, of course, not arbitrary and unlimited. Private rights must be regarded. The public, like a private person 503 9) O4 PUBLIC WAYS. ties concerned, and in no event, if such improvement be made as is provided for either by ordinance or contract, shall The City be liable for such improvement, without the right to enforce it against the property receiving the benefit thereof; but no ordinance for any original improve- ment mentioned in this act shall pass both Boards of the —_——_——_ —— a ~* must so use its own as not to injure another’s property.—City of Lowisville v. Lyonet al., December 19, 1856, unreported ; Lowisvillev. Rolling Mill Co.,3 Bush,. 416. The power of municipal corporations to make street improvements at the expense of lot-owners is derived solely from legislative enactment, and will not be enlarged by implication or construction, but will be always strictly construed.— Murray and others v. Tucker and others, 10 Bush, 240; Caldwell and others v. Rupert and others, 10 Bush, 179. The City of Louisville alone has the power under its charter to determine the necessity for street improve- ments, and this power can not be delegated; no agent of the Council can make or vary a contract for such improvements, and no variation can after- wards be ratified by the Council so as to create an obligation on the part of the lot-owner.—Murray and others v. Tucker and others, supra. An ordinance, passed under the provisions of a Section of the original charter of 1870, requiring a street to be reconstructed by tearing up and removing the mate- rial used in its original construction and substituting therefor what is known as the Nicholson pavement, at the cost of the adjacent lot-owners, was held to be constitutional, although said street was originally improved at the cost of said lot-owners under the charter of 1851, which provided that said street should be kept in repair, efc., at the general expense of The City.—Bradley v. McAtee and others and City of Louisville, 7 Bush, 667. In this case the Court of Appeals declared the general rule that the right of the State gov- ernment to assess the costs of the improvement of streets on the property fronting the same grows out of the sovereign power of taxation. Purchasers of lots in cities and towns take them subject to the discreet exercise by the city or town authorities of all powers which the law gives such authorities over the streets and alleys.—Louwisville and Frankfort Railroad Company v. Brown, 17 B. Mon., 765, Lot-owners 1n cities may be presumed to have pur- chased in contemplation of the power of the local authorities to direct them to make such improvements as are ordinary and useful at their own expense; but when the improvements are of an extraordinary character, and so pecu- liarly injurious to the proprietors as to result, to some considerable extent, in a deprivation of the use of their property and injury to business, such improvements should not be made without compensation.—Lowisville v. Louis- ville Rolling Mill Co., 3 Bush, 416. But, although citizens “must hold their property subject to such diminution in’ its value as may be reasonably con- templated as resulting from any improvement of the streets that the City authorities may deem proper to have made, still it does not follow that they will not be entitled to damages where, as in the present case, the injury they have sustained is of a peculiar and extraordinary character, resulting, to some considerable extent, in a deprivation of the use of their property, and not such ordinary injury as the proprietors of lots had a right to PUBLIC WAYS. General Council at the same meeting, and at least two weeks shall elapse between the passage of any such ordi- nance from one Board to the other. 4. The cost of making sidewalks, including curbing, whether by original construction or reconstruction, shall be apportioned to the front foot as owned by the parties suppose they would be subjected to for the purposes of public improve- _ment.—City of Louisville v. White et al., September 29, 1859, unreported. An agreement by a railroad company to pay lot-owners acertain sum per annum in consideration of the agreement upon their part.to allow the company to maintain its tracks and depots on streets appurtenant to their lots for the period of two years, was obligatory and enforceable—MlKy. Cent. R. R. Co. v. Clark, Superior Court, June 16, 1883, The General Council of Louisville ordered a part of Brook street to be regraded, and the additional embankment, caused by the regrading, to be protected by filling up the front of adjacent lots, or by a perpendicular wall—all to be done at the expense of the lot-owners. On the grounds that the proposed grade would raise said street in front of their mills and lot so as to exclude light and air from their mills, and prevent the use of their only passway to and from them, and that the damage to their property and business, resulting from such improvements, would be irreparable, the Louisville Rolling Mill Company sued out an injunction against The City and its contractors to prevent the prosecution of the work. The judgment of the chancellor perpetuating temporarily the injunction was affirmed, with directions to him to keep control of the cause and modify the injunction from time to time as direeted.—City of Lowisville v. Louisville Rolling Mill Co., 3 Bush, 416. The General Council of The City of Louis- ville, by ordinance as prescribed in the City charter, may direct or authorize the sidewalks, efc., in said City to be graded and paved, efc., at the cost of the owners of property binding thereon; but the Council alone can determine the necessity of such improvement, as well as its kind and character; the Council has no authority to reter to any other body or person the determina- tion of such things.—Hydes § Goose, assignees, v. Joyes, 4 Bush, 464. For, the power to pass ordinances to improve streets is legislative and can not be delegated; it is in effect a power of taxation, which is the exercise of sove- reign authority—Jb. To ordain, generally, that a street or square should be graded and paved, or “so much thereof as the engineer might direct, and according to specifications to be furnished by him,” is simply to delegate to him the power to fix the grade, determine what materials should be used for the pavement, and how much of the street or square should be thus improved, and is not the determination of the Council as to any of these things, but rather a general and unlimited letter of attorney to the engineer to have so much of a square or street as he may deem proper improved to his own liking; to allow such an ordinance to bind the property-holder is to destroy all the safeguards thrown around him by law.—Jb. Subsequent aflirmance Ib. The authorities of the city of Covington had all right and power to regrade by the Council can not vitalize or validate a lifeless or invalid ordinance. oy Id., Section » (2 w 506 TId., Section 4. PUBLIC WAYS. respectively fronting said improvement, except that each corner lot shall pay the cost of its sidewalk intersection. — 8 The General Council may, in its discretion, upon the petition of a majority of the property-owners on the part of a public way proposed to be improved, grant them permission to improve said public way, under the super- a street for any public purpose without incurring responsibility to owners ot adjacent property, though the street may have been raised several feet above the level of the lots.— Wolfe v. Covington and Lexington Railroad, 15 B. Mon. 404; Keasy v. City of Louisville, 4 Dana, 154. 'There is a large class of cases in which no recovery can be had for injuries to adjacent property from the construction of public improvements in the streets of towns and cities, the lot-owner holding subject to the right of the public to use the streets for any purpose not inconsistent with the use for which they were dedicated; but lot- owners have a peculiar interest in the adjacent street, which neither the local nor general public have, in the nature of an incorporeal hereditament—a franchise the right to which is as inviolable as the property in the lots them- selves. If an appropriation of a street, even by legislative and municipal sanction, unreasonably abridges the right of adjacent lot-owners to use the street as a means of ingress and egress, they: are thereby deprived of a pro- perty right without compensation, and an action will lie against the person or corporation guilty of usurping such unreasonable and exclusive use for the recovery of such immediate and direct damages as the owner may sustain. ‘Where a railroad has been so located in a street as to deprive the owner of an adjacent lot of the means of ingress and egress to and from his lot with ordinary vehicles on either side of the road when trains are passing or stand- ing in the street, he may recover from the railroad company such damages as he has thereby sustained — H, L. § B.S. R. R. v. Combs, 10 Bush, 382. The city of Covington could change the grade of a street to suit the grade of arailroad—or authorize the railroad company to do so—not, perhaps, throwing the expense of grading upon the owners of the adjacent lots.— Wolfe v. Coving- ton and Lexington Railroad. The city of Frankfort could permit such grading of a street in that city as was proper to secure the passage of the railroad cars, and no right of action for any partial injury to the owners of property on said trial accrued therefrom.—Lowisville and Frankfort Railroad Co. v. Brown, 17 B. Mon., 763, citing Keasy v. Louisville, 4 Dana, 154, and Wolfe v. Covington and Lexington Railroad. The city authorities of Covington ele- vated the grade of a street six feet above the natural surface of A’s adjacent lot, and B, who owned a lot adjoining A’s, filled up his lot to correspond with the street, neither the city nor A making any provision for the escape of water from the latter’s lot, by reason of which water accumulated in a noxious pond; and it was held that such circumstances did not render the defendant liable for keeping and permitting a nuisance.— Barring v. Commonwealth, 2 Duv., 95. H. owned a lot, on Campbell Street in Louisville, one hundred and thirty- five feet in depth; the authorities widened the street in a manner that took “thirty feet off the front of his lot, and he subsequently sold the lot as one PUBLIC WAYS. 507 vision of the City Engineer, and within such time as may be fixed by the General Council. When improvements in public ways have been made, or public wells or cisterns dug and walled, and the contract therefor completed, the City Engineer shall, by one insertion in one of the daily newspapers published in Louisville, give notice of the hundred and five feet in depth, with an express reservation in the deed of the right of action against The City for wrongfully converting thirty feet of his lot. But the Court of Appeals held that H. had no right of action against The City to recover the thirty feet.— Hawes v. City of Louisville, 5 Bush, 667. Where the contractor is required, by his contract, to keep his work in repair for six months after its reception by the General Council, the requirement does not exempt the property-owners from payment. This stipulation is construed by the Court of Appeals to mean that the contractor was only bound to make good such portions of his work as might prove, within the specified time, to have been defectively done.—City of Louisville v. Henderson, 5 Bush, 515. As construed in Lowisville v. Henderson, 5 Bush, 515, this cove- nant is to be taken simply as a guaranty that the work was well done, as if so it would need no repair within the period fixed; but, Covington v. Dressman et al., 6 Bush, 210, if that guaranty imposed any additional burden on the lot- owners, they should to that extent be relieved, for it is the duty of the city to keep such streets in repair and not impose this on the property-owners. The Court of Appeals has laid down the rule that where municipal authori- ties fail to provide safeguards to warn against an excavation in the public way—and the way’s being at the time incomplete will not take it from under the municipal jurisdiction—if the injured person were “on a proper occasion and in right condition prudently passing that way,” and “ without culpable negligence” fell into the excavation and was hurt, the city is responsible in compensatory damages, but if the accident resulted wholly or partly from his own fault or negligence he would be entitled to nothing.— City of Covington v. Bryant, 7 Bush, 248, A city is not bound to keep all its streets in repair under all circumstances, but only such streets and parts of streets as are necessary for the convenience of the traveling public; and as streets are required for use, they must be placed in a reasonably safe condi- tion.—City of Henderson v. Sandefer 5 Co., 11 Bush, 550. The city must be permitted to exercise its discretion whether the public interests require the improvement of the streets in the uninhabited or sparsely settled portions of it, and its decision is final—Ib. A city is not liable for injuries to horses and carriage resulting froma failure to improve a street which was not needed for the use or convenience of the public.—Ib. The City of Louisville must answer in damages for injuries caused by making a fill across a natural drain.— Kemper and wife v. City of Louisville, 14 Bush, 87. In constructing a street without making a sewer or culvert, the city obstructed the passage of water, caused much of K.’s lot to be covered with water, destroyed his shrubbery and garden, and injured the health of his family: Held, that damages were recoverable for the injury to the house and lot, and, while no recovery could be had for physician’s bills paid or loss of time on the 508 PUBLIC WAYS. time and place fixed for the inspection and reception of the work by the City Engineer, or either of his assistants or deputies, and such owners, their agents and representa- tives, may appear and be heard before such Engineer, his assistant, or deputy, as to whether such improvements have been made in accordance with the ordinance autho- rizing the same, and the contract therefor. part of the occupants on account of sickness caused, still these facts could be proved with a view of showing the extent to which the value of the property had been lessened by reason of the acts complained of. Where street contractors have done their work upon a street, as required by the ordinance of the City authorities and their contract, they are not respon- sible to property-holders for injuries to property resulting therefrom; a city is responsible to property-holders for unnecessery injury to property in the making of local improvements by contractors.—DPearson v. Zable, 78 Ky., 170 Where a city has the power to prevent or abate public nuisances, it becomes its duty to exercise the power in all proper cases. The existence of such a power is indispensable tothe public health and welfare, and the corporation is not at liberty to decline its exercise, when demanded by the public interest, but if it does, the proper remedy for the people is an indictment.—Paris v. Commonwealth, decided Jan. 10, 1883. The streets and sidewalks of a town are public highways, upon which all citizens of the commonwealth have the right to pass and repass, with only such temporary occupancy as may be inci- dental to the exercise of the right or necessarily connected therewith. Any illegal interference with this right, whether by failing to keep the street in repair, or by obstructing it, or permitting it to be obstructed, is a public nuisance.—Ib, To permit “divers men and women of disorderly habits and evil repute to assemble in large crowds” upon the streets and sidewalks, “using loud, profane and obscene language,” so as to obstruct the street and render it ‘dangerous and offensive to persons passing to and fro” is a public nuisance, which it was the duty of the corporation to abate, but if the corpo- ration has provided the necessary ministerial officers for the discharge of this duty it owes to the public, and these officers have in good faith attempted to prevent or abate the nuisance, there should be no conviction.—Ib, An exca- vation six or eight feet deep, running up to the edge of a pavement in a populous city, is a nuisance, if left at night without sufficient lights, safe- guards, or barricades, to warn off passers-by.— Matheny v. Wolfs, 2 Duvw., 137. For injuries caused by falling into a hole in a sidewalk in the city of Lexing- ton, of which hole members of the City Council had notice, the injured person recovered a judgment against the city for five hundred dollars, and the judgment was affirmed: Held, that a drunken man has the right to pre- sume that the streets and sidewalks of a city are safe to passers thereon.— City of Lexington v. Auger, Court of Appeals, June 10, 1882, unreported. The fact that the power is conferred upon the Mayor and Council to make street improvements, “when in their opinion the public good demands it,” does not make it necessary that the ordinance should recite the existence of PUBLIC WAYS. 6. In all actions to enforce liens, as authorized by this Z.. act, a copy of the ordinance authorizing the improvement or work, a copy of the contract therefor, and a copy of the apportionment—each attested by the clerk of the Board of Councilmen—shall be proof conclusive of the due passage, approval, and publication of the ordinance, the opinion, though the rule is different where the jurisdiction is made to depend upon the finding of a preliminary fact—AKerr v. City of Owensboro, Superior Court, April 16, 1884. APPORTIONMENT OF Costs.—The streets and sidewalks in a city are com- mon highways, which all the citizens have an equal right to use, and which it is their common duty, as.a local public, to render useful and to preserve; and, as the legislature can not impose upon any one citizen the whole burden of constructing a public road, neither can any municipality exact the cost of opening or repairing a street from any particular citizen; each and every one, in either case, must contribute his proper share.—City of Lexington v. MeQuillan’s heirs, 9 Dana, 518. The power of grading and paving the streets is an inherent corporate right, and need not be expressly granted by charter. Keasy v. City of Louisville, 4 Dana, 155; and City of Louisville v. Hyatt et al., 5 B. Mon., 199. Even though the local authorities would have no power, independently of a legislative grant, to raise money by taxation for any pur- pose whatever, yet as the public ways belong to the corporation, and the entire local public is interested in and benefited by their improvement, and the local authorities are held responsible for their condition, there should be no doubt of their power to authorize paving and grading to be done, without an express grant.— City of Louisville v. Hyatt et al. 5 B. Mon., 199. The principle upon which the streets of a city may be improved by squares, at the cost of the owners of the lots within the square, under the charter, is substantially the same as that by which the County Courts require roads to be made and kept in repair by the citizens of the county; and which has been long practiced upon without question as to its constitutionality; and which is similar to what is practiced upon and has been held to be constitu- tional in other States, and which this Court is not prepared to decide uncon- stitutional—_Ib. Though the holders of the property within a square can not be compelled to pay for work done upon one of its streets without the sanction of their representatives, when they have not petitioned, yet as they are represented in the city council, and »the charter requires a unanimous vote to grade and pave a street, in any square, at the cost of the citizens thereof, when they have not petitioned for it, an order made for such purpose may be considered as being made with the assent of the representatives of the square.—Ib. The charter of the city of Lexington may be understood as constituting each square of the city a separate municipality, having authority to regulate the streets and sidewalks within it; and, as such, the owners of the larger portion of the ground within a square may by petition, require that the streets within it shall be improved at the cost of the owners of the lots, each one contributing his due propor- tion, according to the extent of his ground upon the street—Ib. The Seetion 5. 510 PUBLIC WAYS. of the due execution and approval of the contract, and shall be prima facie evidence of every other fact neces- sary to be established by the plaintiff in such actions to entitle him to the relief authorized to be given in this act; and in such actions thecourt shall provide in its order confirming any report of sale, that the defendant, cost of original construction and reconstruction of the streets of The City of Louisville may be imposed upon the owners of adjacent real estate.— Broadway Baptist Church et al. v. McAtee & Cassily et al., S Bush, 508, The law-making power determines what are the proper subjects of general or local taxation, and it is not within the province of the courts to abridge this legislative prerogative, nor to refuse their assistance in carrying out the legislative will, on account of doubts as to the policy or justice of the enact- ment through which it may be imposed._Ib. When the subjects of taxa- tion have been determined, then the constitutional limitation requiring equality and uniformity in its imposition upon such subjects applies, and the courts are bound to see that this limitation be not disregarded.—Jb. Each subdivision of territory bounded on all sides by principal streets must be deemed a square, and each one fourth of such subdivision shall be subjected to the cost of constructing and reconstructing the streets and alleys binding thereon.—Ib. Where the improvement is made at the cost of the lot-owners, the expense is to be apportioned among them in the ratio of the front feet of their respective lots. The cost of the work done in front of each lot can not be taken as the measure of the liability of that lot-owner.— Kerr v. City of Owensboro, Superior Court, April 16, 1884. Taxation of adjacent property for street improvements in Louisville could not, under the charter of 1870, be imposed on real estate that had not been laid out into squares; the assess- ments were required to be made against lots forming the one fourth of a square, and there was no authority given to tax any realty for this purpose that did not lie within a tax-district so formed.— Caldwell and others v. Rupert and others, 10 Bush, 179. Each subdivision of territory bounded on all sides by principal streets was deemed a square, and unless property was situated in a territory so bounded it could not be deemed any part of a square, and hence could not be assessed for the improving of adjacent streets.—J6. This was subsequently remedied by legislative enactment, as will be seen in the text above. The Court of Appeals has given the following demonstration, by diagram and description, of héw apportionment for street improvements in Louisville should be made: ‘In assessing for the cost of streets, the rule has always been to assess the two fourths of squares on opposite sides of and contiguous to the improve- ments. Thus, if A street, as shown in the following diagram, is improved from 1 to 2, the assessment would extend each way to the parallel dotted lines, the center of the squares respectively. PUBLIC WAYS. or either of them, or any one claiming through or under them, or either of them, or any creditor of theirs, or either of them, may, within two years from the date of such order confirming a report of sale, redeem the land sold by paying to the purchaser the purchase price, with inter- est thereon from the day of sale at the rate of ten per oli El bcs fy ey z| Bg cs | () |= S 3S ret re 200 Feet. 200 Feet. STR Se T. 2097 00Z “JOO 00Z SD S = (a2) &: — ie 2) oS = ee “When B street is improved the assessment will be extended on each side to the parallel dotted lines, and three fourths of each square will have been assessed once, two fourths twice, one fourth once, and one fourth not at all, and when all the strects bounding the squares are improved, each fourth will have been twice assessed, and each assessment will have been made upon the fourths of squares contiguous to it, and upon no other, thus demonstrating that it was the intention of the legislature that each improvement should be made at the cost of each contiguous fourth of a square. The reason for such a rule of assessment is obvious. The effect of its operation is to charge the cost upon the property which is most benefited by the improvement, and which ought, therefore, in justice to pay for it.’—Schmelz and others v. Giles and others, 12 Bush, 491. Where a part of an alley in Louisville was im- proved in 1866 at the cost of the owners of the lots adjacent to the improve- ments then made, the owners of these lots should not be required to contribute 511 512 PUBLIC WAYS. cent. per annwin, and all the taxes and assessments on and against such land paid by such purchaser, with interest thereon at the rate of ten per cent. per annwm from the date of such payments; and in the event that there be no redemption within the time allowed, the order of con- firmation shall be final, and a deed shall be executed to the purchaser or his assignee. equally with the owners of the other lots, constituting the fourth of the square, to pay for the improvement of the remainder of such alley; the re- quirement of the charter that the cost of such improvements shall be appor- tioned against the lots in each fourth of a square, efc., was doubtless intended to apply only to improvements extending along the whole square; apportion- ment should be so made as to equalize the cost of the improvement as if the whole had been done under one ordinance and contract at the aggregate cost under both contracts.—Beck v. Obst and others, 12 Bush, 268. Under the charter of The City of Louisville, as well as under the act of 1878, in regard to the assessment of property for the cost of improving public ways, only lots within fourths of squares contiguous to the improved way can be assessed to pay for improving it, and this rule applies to streets and alleys alike.— Washle v. Mehan, Court of Appeals, Oct. 13, 1881, unreported. - The propriety of improving a street is a question addressed alone to the municipal legisla- ture, and that body having ordered the improvement, the owners of the property along the street must pay for it, if the assessment be not in plain violation of the provisions of the charter.— Worthington v. Covington, Court of Appeals, Nov. 12, 1881, unreported. The General Council of The City of Louisville is the sole judge of the manner of execution and character of work done in making street improvements, and when such work is accepted by that body the owners of the adjacent lots can not resist the collection of the cost thereof on the ground of a defective execution of the work,— Murray and others v. Tucker and others, 10 Bush, 240. When by taking the proper steps the General Council can make an improvement at the cost of the owners of adjacent property, its powers to improve the streets may be exe- cuted in that way, and The City can in no event be made liable, unless it will have the right to proceed to make the property-holders liable. But if the nature of the ownership of the adjacent property be such that no steps which could have been taken would have rendered it or its owner lable, then The City must pay for the improvement, or it will have, as to such work, no means of executing its general power to improve streets.—Craycroft and others v. Selvage and others, 10 Bush, 696; Caldwell v. Rupert, 10 Bush, 179. Lot-owners are not lable for any part of the cost of street improvements made under a contract with the council of the city of Henderson, in which a part only of the work contracted for was completed by the contractor, received and paid for by the city council.—City of Henderson v. Lambert, 14 Bush, 24. The council is the agent of the law in making contracts for street improvements, so as to make the cost a charge upon the abutting lots; the work to be done must be ascertained and prescribed in the ordinance and contract, and when this is done, certain rights, duties, and liabilities become PUBLIC WAYS. 513 7. The clerk of the Board of Councilmen shall make Jd., Section 6. out all apportionment warrants for which Hens are given, for improvements of public ways, wells, cisterns, and water-plugs, as may be required by ordinance, and within two days thereafter shall enter the same upon a register for that purpose, and when the holder of said warrant fixed, and thereaftér the duty of the council, so long as the contract remains in force or is unchanged by proper proceedings, is to see that it is performed as made.—Ib. By receiving a part of the work and dispensing with the performance of other parts, the city council can not compel the lot-owners to pay for so much as a delinquent contractor may find it convenient or profit- able to perform; the council has no power to accept part performance so as to make the owners of abutting lots liable to pay for the work performed -— Ib. That a lot within a district assessed for local improvements by a city is not benefited by the improvement does not exempt it from taxation.—Pearson and others v. Zable and others, 7S Ky., 170. The City of Ludlow having levied an assessment upon all the rea! estate lying upon a certain street within its limits, for the purpose of improving the street: Held, that a lot upon the street owned by a railroad company was not to be excepted from the assess- ment because it was owned by a railroad company and used for railroad pur- poses.—City of Ludlow v. Trustees of the Cin. So. Rwy Co. 78 BKy., 357, Church property may be required to pay its proper proportion of the cost of the construction and reconstruction of streets in The City of Louisville; ex- emptions made by general laws in favor of church property apply only to taxation for general purposes of government.— Broadway Baptist Church et al. v. McAtee and Cassily et al.,8 Bush, 508. It is held, however, that A cemetery or graveyard can not be subjected to sale to pay for improve- ments on streets adjacent thereto.—Lowisville v. Nevin and others, 10 Bush, 549. That a portion of a public way which was to be improved has not been improved or has been defectively improved will not excuse or exempt own- ers of property adjacent to another portion which has been duly improved from liability to pay the apportioned cost thereof.—Malchus v. District of Highlands, 4 Bush, 547. When street improvements have been accepted by the proper authority of the city, and there is no allegation of fraud or collu- sion, such acceptance is conclusive evidence that the work was performed according to the requirements of the contract.— City of Henderson v. Lambert, 14 Bush, 24. There is no common-law liability resting upon lot-owners to pay for the improvements of an adjacent street.—Jb. And statutes authoriz- _ ing assessments upon abutting lots, to pay for street improvements, must be construed most strictly against those asserting claims under them.—ZJd- Where authority is given the local legislature to order improvements made, on being petitioned by those owning the major part of the apportionable property, the order binds all the owners of such property, and the privileges and burdens fall alike to those who signed the petition and those who did not.—City of Covington v. Dressman, 6 Bush, 210. After the work has been done according to ordinance and contract, it is too late to show that the grade adopted for the street is or was an improper one.—Preston v. Roberts, 12 33 14 PUBLIC. WAY s. =< —= Ls shall have obtained payment he shall notify the clerk of the Board of Councilmen, and it shall be marked upon the register as paid. The clerk of the Board of Council- men shall be allowed a fee of ten cents for the entry and indexing of such lien. A lien shall not be valid against a purchaser, for valuable consideration, without notice, un- Bush, 570. In cases where property-owners in The City of Louisville are to be charged with the cost of improvements, the following provision of the chart-r is applicable: ‘““ When improvements on the public ways have been made, and the contract therefor completed, the City Engineer shall, by one insertion in one of the daily newspapers published in Louisville, give notice of the time and place fixed for the inspection and reception of the work by the City Engineer, and such owners, agents, and representatives may appear and be heard before such Engineer as to whether such improve- ments have been made in accordance with the ordinance authorizing the same or the contract therefor.” This is the only stage of the proceedings to create the lien on their property, where it is provided that the property-owners can complain of a defective execution of the work; and if the Engineer decide against them, his judgment, if accepted by the Council, is conclusive, unless attacked for fraud or collusion.—Harris et al. v. Zable et al., Superior Court, May 16, 1883, The duties of the Engineer under this provision are quasi- judicial, and the person whose property is to be encumbered against his will is entitled to the benefit of the experience, the discretion, and the judgment of the tribunal provided by law.—Jb. If these duties are delegated to any other officials than those to which the charter entrusts them, the inspection and recep- tion of the work would not be sufficient to create any lien upon the adjacent lots—Ib. The notice which the charter requires the City Engineer to give of. the time and place he will inspect and receive street improvements, which are to be paid for by the adjacent property-owners, need not be published more than once.— Boone and others v. Gleason, decided by the Superior Court, May 16, 1883. Such a notice may be published on Christmas day or other legal holiday, and be sufficient, and two days’ notice is ample time.—Jb. An amendment to the Covington city charter provided that the public ways generally might be ordered by the Council to be improved at the cost of the property-owners whenever the owner or owners of the larger part of the front feet of the ground fronting, e¢c., shall petition therefor; and the same statute contained another provision, that the Council might, by a unanimous vote, require the northern portion of Madison Street to be improved in a cer- tain way at the cost of the property-owners, but the Court of Appeals decided the statute unconstitutional and void.— Howell and others v. Bristol and others, 8 Bush, 493. The violation of the constitution here plainly consisted in inequality of taxation. Assessments for street improvements, if suffered to be made in different parts of the same city, under different rules and regulations, would inevitably cause unequal burdens of taxation on the inhabit- ants.—Ib. Assessments for street improvements should be made in accord- ance with the facts existing at the time.— Preston v. Roberts and others, 12 Bush, 570. Such assessments are not, technically, taxes.— Johnston v. Louis- PUBLIC WAYS. ou pea Or less it shall be so entered and registered within three months of the issuing of the apportionment warrant. 8. In lieu of Section 138 of the charter, approved March 3. 1870, entitled ‘‘An act to establish a new charter for The City of Louisville,’ the following law shall prevail concerning the repairing and cleaning public ways and ville, 11 Bush, 527. Errors in assessments to pay for street improvements in The City of Louisville may be corrected by the courts when the property to be assessed is bound by principal streets or laid off into squares; but when the property to be assessed is not bounded by principal streets, nor laid off into squares, the Council must, by legislative action, determine what contigu- ous property is to be taxed, and the extent to which it is to be taxed; if, in such a case, the ordinance be invalid to any extent, this is not an error which the courts can correct.— Loeser v. Redd § Bro., 14 Bush, 18. In directing that the assessment to pay for the improvement of Barret Avenue should extend to the depth of two hundred and fifty-two feet on the east side, and one hundred and forty-seven and one half feet on the west side of said ave- nue, the ordinance was invalid, as decided in Preston v. Roberts, 12 Bush, 570 in so far as it extended the assessment on the east side by one hundred and forty-seven and one half feet—Jb. Where the trustees of a town made a contract with A for the improvement of the streets at the expense of the owners of abutting lots, “the town not to be liable in any event,” and it being afterwards determined by the courts that the trustees had no power to make, such contract, and therefore the lot-owners were not liable, suit was brought to recover from the city for the work done, and it was held that the mere fact of the town’s being benefited by the improvements did not make it liable to pay therefor, nor did the fact that the trustees acted without autho- rity. —Trustees of Belleview v. Hohn § Tropp, Court of Appeals, March 8, 1884. In an action to enforce a lien for street improvements in The City of Louis- ville, it is not necessary to file complete and legally authenticated copies of the record of the proceedings of the General Council before a judgment can be obtained._Jb. The charter provision that the city shall in no event be liable for the cost of street improvements, without having the right to enforce it against the property receiving the benefit thereof, applies only in cases where the city has authority to make the improvements-at the exclusive cost of those owning the property benefited.—Caldwell and others v. Rupert and others, 10 Bush, 179. Where a city builds a street across private grounds, not dedicated or legally appropriated to street uses, the property-owners along its line are not liable for the cost of the improvement, and a private contract by some of them to pay their proportion according to frontage will not exonerate the city from paying what may be left after the enforcement of the private contract.—Jones, Administrator, v. City of Paducah, Court of Appeals, Sept. 20, 1881, unreported. The right of lot-owners to make the im- provements, for the cost of which they were bound by public contract, is waived by their failing to speak when it was their duty to do so.— Broadway Baptist Church et al. v. McAtee § Cassily et al.,8 Bush, 508. Vt has been held AN aCtob0 amend the charter of The City of Louis- ville. Became a law Feb. —, ABT ReG. By e 16 PUBLIC WAYS. making footway crossings: That for the purpose of repairing and cleaning the public ways and making foot- way crossings The City of Louisville is divided into an Eastern and Western District, the dividing line to be the property-line on the west side of Third Street; and the General Council shall assess the expense of repairing by the appellate.court that irregularities in the council proceedings in the city of Covington could be corrected by the lower court, so that no person’s property should be improved at the general expense of the city when, in equity, he ought himself to pay for the same. 6 Bush, 210. It was, in the Covington as in the Louisville charter, expressly given to the courts to correct such irregularities in council proceedings as City of Covington v. Dressman, might defeat manifest intention, and the case of Dressman was the occasion of the Court of Appeals’ construing that it was evidently intended to give the court power to enforce such a portion of the assessment as would be right and equitable, though the ordinances were strictly and technically legal.— 6 Bush, 210. Such an equitable rule of adjustment has been followed in similar controversies of The City of Louisville. Work was done after peti- tion from property-owners, at their instance, and no objection was raised by them to the work while it was in progress, and the Court of Appeals said, Covington v. Dressman: “ We shall not closely serutinize the ordinances to see whether they technically comported with the law, but so far as the same was the exercise of legal authority we shall uphold it, being no longer bound”—irregularities having been made by statute unavailable—“to see that the manner of its exercise was also in strict and technical conformity with the legal provisions under which the power was exercised.” The irregularity in that case obviated was that the ordinance apportioning the costs did not name the lot-owners and apportion to each a given sum per front foot. The contractor bound himself, by his contract with The City of Louisville. “not to sue The City until it shall finally be adjudged that the property- owners are not liable for the cost of the improvements on the street in’ front of their property.” The stipulation is void and does not exempt the lot- owner from the payment of the sum assessed against him for such improve- ment.—City of Louisville v. Henderson, 5 Bush, 515. In an action to charge and recover from owners of property within specified distances their propor- tion of the cost of a cistern in The City of Louisville, which was required to be built by a special ordinance, “at the exclusive cost of the owners of pro- perty chargeable therefor under the City charter and ordinances,” the petition is demurrable unless it plead the general ordinance specifying the distance from the cistern which the property shall be charged; in such cases, it is neces- sary to plead both the special and general ordinance.—Stephens v. Guthrie, 4 Bush, 462; Babbitt v. Woolley, 3 Bush, 703. Where a person is employed by a city council to do work on a public street, under an agreement that he should be paid for it, when completed, by a tax on the lot-owners, if the city fail to adopt such measures as the charter requires to render the lot-owners lable, it is responsible to the contractor.—Kearney v. City of Covington, 1 Met., 339, The City of Louisville is liable to contractors when through the neg- PUBLIC WAYS. streets, *leaning streets, and making footway crossings upon the property therein as it is assessed for other City purposes, to be collected in the same manner, not to ex- ceed thirty cents on each one hundred dollars’ worth of property annually. If the amount collected in any year shall not be expended for these purposes, the surplus shall remain to the credit of the district in which it was collected, and be applied to no other purpose than to diminish the assessment of the district in the ensuing year. Contracts shall be awarded to the lowest and best bidder for the work and materials used in each district ligence of The City’s agents the lien guaranteed proves ineffectual.— Guthrie v. The City of Louisville, 6 B. Mon., 575. The Mayor and Council of The City of Louisville employed persons to grade and pave streets in Louisville, and the undertakers agreed to look to the lot-owners and not to The City for remuneration, but, the non-liability of the lot-owners appearing subse- quently, The City was held bound for the work and material to the under- takers notwithstanding the agreement.— The City of Louisville v. Hyatt et al., 5 B. Mon., 199, And The City could not claim exemption from such liability on the ground that the Mayor and General Council had not the power to bind The City to raise or appropriate the public revenues for grading and paving; for, in truth, they did possess such power when lawfully ex- ercised.—Ib. For the excess of cost of street improvements over the amount to be realized by the sale of adjacent property chargeable with the cost of the improvement, the city of Paducah was held to be liable, James Adm’r v. City of Paducah, Court of Appeals, Sept. 20, 1881, unre- ported. In this case the city caused the street to be built across private grounds not dedicated nor legally appropriated to street uses.—Jb. The power to assess property is not judicial, and cannot be conferred on a judicial tribunal.— Worthington v. City of Covington, Court of Appeals, Nov. 12, 1881, unreported. Property having been assessed at more than half its value, in violation of the provisions of the charter of the City of Covington, the chancellor should not have reassessed the property, but should have perpetuated the injunction restraining the collection of the assessment made, as the charter does not confer upon him the power to regulate irregular assessments.—Ib. See BRIDGES AND FERRIES—BUILDINGS—CISTERNS, WELLS, AND HypDRANTs — CONDEMNATION — CoNTRACTS—CoORPORATE PowERS—ENGI- NEER—FINANCE—F INES AND MISDEMEANORS—GAS—GENERAL CoUNCIL— HratrH—LicensE—RAILROADS (STEAM)—RAILWAYS (STREET)—SEWAGE AND DRAINAGE—STREET IMPROVEMENT—TELEGRAPH, TELEPHONES AND ConpDuItTs. PUBLIC WAYS. e>y The unreported opinion in the case of Graham v. White, Court of Appeals, Dec. 16, 1862, is as follows: “ We are of opinion that the judgment in this case can not be sustained. By the second Section of Article 7 of the City charter, the General Council have no power to pass an ordinance for the improvement of a street or alley, by grading, paving, etc., unless such improvement shall have been petitioned for by the owners of a majority of the feet of ground in front of said improvement, or unless it shall have been voted for by two thirds of the members elected in office in each Board of the General Council,’ the final vote to be taken by yeas and nays and recorded in the journal of the pro- ceedings of each Board of said Council. The ordinance of April 17, 1856, authorizing the improvement of a part of Portland Avenue, provides that for twenty-six feet through the center of the avenue The City was to pay, the residue of the width, including the curbing, to be paid for by the owners of property fronting on said Avenue, provided the Mayor shall, before ad- vertising for the work, obtain the signatures of [the owners] of a majority of feet of ground. On the nineteenth of June of the same year the contract sought to be enforced in this case was entered into. By the terms of this contract the improvement was to have been completed by the first of March, 1857. But at that date the work had not been even commenced, and on the twenty-fourth of the same month, the time for its completion was extended to the first of October, 1857. On the nineteenth of that month, the time was again extended to the first of December following. It is not pretended that the signatures of the owners of a majority of the feet of ground fronting this improvement were ever at any time obtained. And the question is, Could the lot-owners have been made liable under this ordinance upon any contract entered into by the Mayor without his having previously obtained the required signatures? We think not. The evident meaning of the pro- viso contained in the third Section of the ordinance is, that the Mayor should not be authorized to advertise for the work, or contract for its execution so as to bind the lot-owners or their property for any portion of the cost of the improvement except upon the consent of the owners of a majority of feet of ground, such consent to be manifested in the mode prescribed. True, the Council had the power to bind the lot-owners, without their consent, by ¢ vote of two thirds of the Council, taken by yeas and nays, ete. They did not choose, however, to exercise that power in this instance. They chose to make the liability of the lot-owners to depend upon another and different condition—a condition which they had an undoubted right to prescribe. Nor would it be unreasonable to assume that they never would have ordered the improvement by the requisite majority on any other terms. That condition was never performed, and the necessary consequence is that if the contractors had gone on under their contract to complete the work, even within the time limited, and conformably in all other respects to the ordinance, they would have been entitled to no hen upon the property of the lot-owners. Whether if the Mayor had obtained the requisite consent of the lot-owners, in whole or in part, after the advertisement but before entering into the con- tract, it would have been a sufficient compliance with the ordinance, is a question not presented and which need not be answered. But it appears that no work was done under the contract up to the twentieth of June, 1857, when an ordinance was passed, on the petition of the contractors and their sureties, by which bowlders only four inches in diameter were allowed to be 536 PUBLIC WAYS. used instead of five-inch bowlders, and which also provided that the contract in question should not be annulled or affected except in respect to the size of the bowlders, and that in every other respect the contract was to remain in full force and effect. The ordinance, however, under which the contract was made was repealed. Did this ordinance have the effect to create a’ lien on the property of the lot-owners for any part of the cost of the work? It certainly did not, and for this obvious reason, if there were no other, the record wholly fails to show that the ordinance was passed by a vote of two thirds of the Council or that the vote was taken by yeas and nays and re- corded, as required by the charter. In the case of KKaess etal. v. J. Hall et al., (13 B. Mon., 455,) it was decided to be necessary to the validity of such an ordinance, that the record of the proceedings of the Council should show, not only that there was a vote of the two thirds, but that it should also show the votes themselves, and that the omission to enter the votes on the record vitiated the ordinance, so far at least as the lot-owners were concerned; and that the requisition in the newcharter of Louisville that there shall not only be a vote of two thirds, but that it shall be evidenced by the yeas and nays entered on the record was intended to remove all ground of uncertainty and presumption, and to make the record of the yeas and nays the essential and exclusive evidence of the requisite majority having voted for the ordinance. ‘And we do not feel authorized to relax any check placed by the legislature upon the exercise of a power so absoltte, and often so oppressive, and always so liable to abuse, as that conferred by this Section.’. The record of the pro- ceedings of the Council, filed by the appellees with their petition, being defective in those essential particulars, they have failed to present a case en- titling them even prima facie to relief against appellants. Numerous other grounds of reversal are relied on by the appellants, which it is not necessary to notice. It will be proper on the return of the cause to allow the appellees and The City of Louisville so to amend their pleadings respectively, if they shall offer to do so within a reasonable time, as to enable them to litigate any question that may arise between them in consequence of this decision. As to the appellants, the action should be dismissed. It is proper to remark that ‘although the appellees prayed an appeal in the court below from the judg- ment dismissing the petition as against The City, yet that appeal has not been prosecuted here and isnot now before us. But if it were, the directions just given would be equally proper in the present state of the record. Where- fore the judgment is reversed, and the cause remanded for further proceedings in conformity with this opinion.” The unreported opinion in the case of Pope v. Terry’s Executor and The City of Louisville, Court of Appeals, Feb. 24, 1875, is as follows: “The principal ground of defense relied on in these two causes, is that Bax- ter Avenue is not a ‘public way’ within the meaning of that term, as used in Section 12 of the City charter. It certainly is a road or public highway. It is within the corporate limits of The City. It is, by the express language of said Section, subject to the management and control of The City, provided the right to manage and control it can be exercised without an invasion of some private right. The purchase from the turnpike company invested The City with the title to the road or highway as against that corporation. It only remains to be determined whether Morton’s heirs have any such interest in or title to the road-bed as precludes the City government from managing, PUBLIC WAYS. controlling, and improving said avenue, pursuant to the provisions of the City charter. Mrs. Caroline H. Preston, by deed of conveyance regularly executed, and delivered on the twenty-sixth day of March, 1832, granted, bar- gained, and sold to the Louisville Turnpike Company, ‘the right, and privilege, and fee’ to the strip of sixty feet of ground upon which it subsequently con- structed its road; the consideration for the conveyance was one dollar in hand paid, and the advantage the construction of the turnpike road would be to the grantor’s land. This conveyance has since been repeatedly recognized by the heirs of Mrs Preston, who have claimed and accepted all the advan- tages accruing to them from the conditions of the grant, including that of an alleged oral agreement that they should be allowed to pass and repass upon the road without the payment of toll. We will not stop to inquire as to the exact nature of the estate the company acquired in the road-bed by virtue of this conveyance. It certainly did acquire, for the benefit of itself and its lawful successors, a use in, and a right of way over, the land granted, to be held and enjoyed forever, or so long as the use or right of way should be de- voted to the purposes of a public highway. The City is the lawful successor of the turnpike company. It is now devoting, and it proposes for all time to come to devote, the strip of ground to the purpose for which it was granted, It has merely exercised the right of transforming a turnpike road into a street, over which Preston’s heirs and all other persons are allowed to pass with- out the payment of toll. The City, in the exercise of an expressly-delegated power, purchased from the turnpike company its use in or right of way over this ground. Ifthe company had refused to sell, The City would have had the power and authority to acquire title by the condemnation of such estate in the lands as was held and owned by the turnpike company.—Section 10, City Charter. The City was not bound to purchase, nor would it have been com- pelled to condemn any greater estate than was necessary for the accomplish- ment of its ends. , & approved Noy. 8, 1883. TId., Seetion 1. Id., Section’ 2. * 560 Id., Section 3. An ordinance authorizing H. A. Dumesnil to construct and operate a rail- road track on Ormsby Ave- nue from the west line of the Lou. and Nash. railroad at or near Ninth St. to the east line of the C., O. & S. W. railroad, on Fourteenth Street. 2AILROADS (STEAM). 20. Said switch shall be laid down under the super- vision and according to the directions of the City Engineer, and shall be removed if and whenever required by the General Council, and shall conform to such grade of the street as may at any time be established. 21. First—H. A. Dumesnil is, subject to the condi- tions hereinafter named, and as far only as The City has power to grant the same, hereby authorized and em- powered to construct and operate a single- or double-track railroad, having a third rail, commencing on the west side of the line of the Louisville and Nashville Railroad track where it crosses Ormsby Avenue, at or near Ninth Street, if extended, running thence west and down Ormsby Avenue to the east line of the Chesapeake, Ohio and Southwest- ern Railroad on Fourteenth Street, and it shall extend north on Fourteenth Street to the north side of Oak Street to connect with the public elevator tracks. 22. Second—The said track shall be constructed under the supervision of the City Engineer, and shall be so con- structed as to conform to the established grade of the street upon which it is constructed, and so as not to obstruct the ordinary use of said street; and so much of said street as shall be occupied by said track shall be kept in repair at the sole and exclusive cost of the person or persons owning said track. 23. All persons wishing to connect by switch with said tracks shall be, permitted to do so when authorized by resolution of the Council. 24. To enable The City to improve said street, or to construct or repair said street or the sewers in and along the same, it may at any time, upon reasonable notice, require the said track to be temporarily removed or protected by the owner, and exclusively at his cost, so as not to impede or obstruct the repairs and, improve- ments aforesaid. 25. Third—All persons owning and operating any fac- tory. or business establishment along or upon the part of RAILROADS (STEAM). 561 Ormsby Avenue where this right is granted shall have and enjoy the right to use said track for the delivery and receipt of freight in car-load quantities upon equal terms, and no discrimination shall be shown in favor of one shipper over another, but the owner and operator of said railroad track aforesaid shall at all times furnish the necessary motive-power to haul cars in and from said various estab- lishments with all reasonable promptness and dispatch and as their business may require. 26. Fourth—The charges for hauling cars to and from the various establishments on said railroad track shall be uniform, and shall nat exceed one dollar per car, and no discrimination shall be shown one shipper over another in this respect. 27. Fifth—The owners and operators of said track, whenever requested so to do by resolution of the General Council, shall keep a flagman at every intersection of a street crossed by the track aforesaid. 28. Sixth—No locomotive or train upon said track shall be run at a rate of speed exceeding six miles an hour. 29. Seventh—The City of Louisville shall not be liable for any damages sustained by the erection, use, and ope- ration of the railroad track herein authorized to be con- structed, either to persons or property, but the owner and operator thereof shall hold The City free and harmless from all the claims for loss or damage sustained by reason of the construction, use, and operation of said track. c 30. Kighth—Before proceeding to avail himself of the rights and privileges herein granted, the said H. A. Dumesnil shall formally accept the same and enter into contract with The City to comply with the provisions thereof, and shall execute a covenant with The City, with security to be approved by the General Council, that he and his assignees will at all times indemnify The City and hold and save it harmless from all claims for loss or damage arising out of the construction, use, and opera- 36 562 RAILROADS (STEAM). An ordinance granting the right of way.to the Chesap’ke, Ohio and Southwestern Railroad Co. across certain streets in The City of Louis- ville. Id., Section 1. Id., Section 2. tion of the said railroad track herein authorized to be constructed. 31. Ninth—The track herein authorized shall be com pleted within one year from the date of this ordinance ; otherwise this ordinance shall be null and void. 32. Tenth—The grant herein contained shall not extend beyond the period of twenty years. 33. Eleventh—This ordinance shall take effect as soon as Section 8 hereof is complied with. 34. Twelfth—The work to be commenced within ninety days after the approval of said ordinance. 39. Whereas the Chesapeake, Ohio and Southwestern Railroad Company has recently purchased a tract of ground fronting on the south side of Kentucky Street, running thence southwardly across Zane, Churchill and Oldham Streets, to the south side of Oak Street, bounded throughout its whole length by the east line of Four- teenth Street, and desires to lay side-tracks through the same so as to connect with the railroad tracks now laid along Fourteenth Street, north of Kentucky and south of Oak Street: Now, therefore, 36. The right of way is hereby granted to said Chesa- peake, Ohio and Southwestern Railroad Company to con- struct a single railroad track through its said lot and across Kentucky, Zane, Churchill, Oldham and Oak Streets, so as to connect the same with the tracks now laid in Fourteenth Street, north of Kentucky and south of Oak Street. ~ 37. Said right of way is granted and to be enjoyed only - to the extent that The City of Louisville has the author- ity to grant the same, and on the condition that the said Railroad Company shall agree and become bound to indem- nify The City for all costs and damages which The City may incur or sustain by reason of having granted the right of way aforesaid, and from time to time to relay and arrange the railroad tracks to conform to such grade RAILROADS (STEAM). or changes of grade as from time to time may be estab- lished by the General Council, and so as to form the least possible obstruction to the streets, in the customary use thereof, and so as not to obstruct the,;proper flow of water along the street or the customary use of said street, and keeping the streets so occupied in order between the rail- road tracks and for two feet on each side thereof. 38. The Chesapeake, Ohio, and Southwestern Railroad Company is hereby empowered and authorized (so far as The City has the right to grant such right) to construct and operate a railroad, with single or double track, along and over A Street, through the City limits, the same to form part of a railroad connecting the railroad ordinarily known as the Cecilia Branch Railroad, now operated by said Chesapeake, Ohio, and Southwestern Railroad Com- pany, with the railroad of the Louisville Railway Trans- fer Company. 39. In consideration of said grant the said Railroad Company shall, at its own expense, keep in good repair the street along which said track shall be laid; and in order to enable The City to improve said street, said Com- pany shall, on reasonable notice and request, remove said track temporarily, and, after such improvement shall have been made, replace the same at its own expense. 40. Said Company shall, under proper regulations for the safe and convenient use of said tracks, permit all other railroads now built, or hereafter to be constructed, and desiring to cross through the southern portion of The City, to use, and such railroads shall use the tracks laid down through A street, upon the condition, however, that before entering upon the use of said tracks, any such railroad company shall pay to said Chesapeake, Ohio, and Southwestern Railroad Company its pro rata share of the cost of constructing the same, including damages awarded by reason of the construction thereof, and shall bind itself by contract with The City of Louisville for the benefit of all parties interested, that it will contribute 563 An ordinance to permit the Chesapeake, Ohba. Pe nd Southwest e rn Railroad Co. to construct and operate a rail- roqgd. track through The City limits along and over A Street. Ap- proved June 22, 1882. Sec- tion 1, Id., Section 2. Id., Section 3. 564 RAILROADS (STEAM). Id., Section 4. Td., Section 5. An ordinance granting the Chesapeake, O hvorera na Southwestern Railroad Co. the right to construct and extend its rail- Poa dt toa Fourteenth Street between Main and Mar- ket, crossing Main Street between Thir- teenth and Fourteenth Streets to Ro- wan or Mon- roe Street. Approved Oct. 25, 1888. Sec- tion 1. its pro rata share toward the repair and maintenance of said tracks, and toward the construction and maintenance of any additional tracks, and of any switches, gates, cul- verts or bridges, that may be necessary to the safe and efficient use of said street, and toward the maintenance of such watchmen as may be necessary to the proper cuarding of the street crossings; and such road shall be subject in such use to all the provisions of this ordinance. And that any party or parties who may hereafter estab- lish manufactories or warehouses in the vicinity of A Street shall have the privilege of constructing, at their own expense, tracks connecting their establishments with the tracks to be laid on A Street. 41. All persons or corporations desiring to connect by switch with said railroads on A Street shall obtain per- mission for such privilege from the General Council. And that all railroads that may, under the provisions of this act, use said tracks on A Street, shall place upon and take from such side-tracks cars loaded with freights shipped from or destined to points on such roads, with- out extra charge. 42. The rate of speed within the City limits shall not exceed six miles an hour. 43. The said Company shall indemnify The City and hold it harmless against any damages or loss by reason of the grant contained. 44. The Chesapeake, Ohio and Southwestern Railroad Company is hereby authorized to construct and extend its railroad, with not exceeding four tracks, from any point on Fourteenth Street, between Main and Market Streets, and crossing Main Street between Thirteenth and Fourteenth Streets to Rowan or Monroe Street, and so as to connect the property now owned by it on the south- east corner of Main and Fourteenth Streets, with the lot of ground lately occupied by James Clark’s tobacco factory, situated at the southwest corner of Rowan or Monroe and Thirteenth Streets; said tracks to be con- RAILROADS (STEAM). nected with and to branch off from the railroad tracks now laid in Fourteenth Street. 45. Said Company shall employ and keep such watch- men upon the tracks, and shall erect and keep up such gates for the prevention of injury to persons and vehicles, as the City Council may from time to time require. 46. The work shall be done under the supervision of the City Engineer, and the tracks and rails shall at all times be kept at even surface with the surface of the streets, and the spaces between the rails shall be kept in repair at the exclusive cost of said Company. 47. Said Company shall indemnify and hold harmless The City of Louisville against any claim for damages by any person by reason of the construction and operation of said track or tracks, and shall bind itself to The City for the performance of each undertaking in this ordi- nance. 48. Trains shall not pass over said tracks at a rate of speed exceeding six miles per hour, nor shall locomotives or cars be permitted to stand across or in Main Street. 49. The contract made between the Louisville, Cincin- nati, and Lexington Railway Company and the Shelby Railroad Company, for the lease and operation of the road of the last-named company, be and the same is hereby declared legal and valid as if the said companies had been specially authorized to make the same. 50. It shall be lawful for said Louisville, Cincinnati, and Lexington Railway Company to contract with the Mayor and General Council of The City of Louisville, in behalf of said City, for the removal of said Company’s track and depot on Jefferson Street to, along and upon the fill and depot-grounds north of Main Street, in said City, and near to and along the old bed of Beargrass Creek as far as Second Street, in said City, on such terms as may be agreed on; and for that purpose said Mayor and Council may use and appropriate an amount of money not exceeding sixty thousand dollars, originally Id., Section 2. Id., Section 3. Id., Section 4. Id., Section 5. Any wot o amend the charter of the L., C. & L. R’y Co. Approved April 1, 1880. Sec. 1. Id., Section 2. 566 An ordi- nance making an Appropria- tion tor the completion of the road-bed from a point near the round house of the Louisville, Cincinnati & Lexington Railway Com- pany, east of Southall Street, to Brook St., and directing a conveyance of The City’s title to the road- bed, and grant- ing the right of way; also directing the conveyance of The City’s title or claim to the spaces or par- eels of land between Brook and Second streets and the south line of the Wharf, on the north line of W ater St. Approv’d Apr. 24. 1880. Sec- tion ihe Id., Section 3. RAILROADS (STEAM). raised for the purpose of such removal; and if, after meeting the requirements of such contract, any part of said sum remains, the same shall be paid into the City treasury, to be thereafter expended in the. Eastern Dis- trict of said City. ; d1, The sum of sixty thousand dollars is hereby ap- propriated for the completion of the road-bed and way, as provided herein, out of the proceeds of the bonds issued to construct a road-bed for the L., C. and L. Rail- road Company, under contract of June 3, 1870. 52. The Mayor is hereby authorized and directed to convey by deed to the L., C. and L. Railway Company such title as The City of Louisville has to the road-bed, bridges, and right of way from near the round-house of the L., C. and L. Railway Company east of Southall Street, along Pocahontas Street and the old bed of Bear- grass Creek to Brook Street. Also all the land belonging to The City between Brook Street and Second Street, and the south line of the wharf and the north line of Water Street, to be used for depot and depot purposes, together with the right to operate a double-track steam railway along the route, with switches, sidings, and turnouts be- tween Brook and Second Streets, so far as the same are on public ways, as hear as may be, as shown on a map or plat on file in the City Engineer’s office. 53. Simultaneously with said conveyance, the L., C. & L. Railway Company shall execute a bond, with good security, to be approved by the General Council, that said company will construct a first-class double-track road-bed along the route aforesaid, and finish the same with steel rails, and use and operate the same on or be- fore the first day of August, 1880, and on or before that date remove its tracks, and forever relinquish all its rights and franchises it now owns, or claims to own, on Jefferson Street, west of the present grounds of said Com- pany at the head of Jefferson Street, and put said Jefferson Street in good repair where the same had been RAILROADS (STEAM). occupied by the rails, cross-ties, efc., of said Railway Company ; that said L., C. & L. Railway Company shall construct a track upon said road-bed from their round- house aforesaid to their depot at Second Street, and of such gauge as to allow the cars of the Louisville and Nashville Railroad Company to be run on the same for the delivery and reception of freight by the loaded car- load to and from one consignor to one consignee in said depot, or at any private side-track along said track ; and said track shall be operated by the L., C. & L. Railway in conjuction with the lines of the Louisville Railway Transfer Company, and shall have the right to charge for every car-load of freight carried between the said depot on Second Street, or any of the private side-tracks between said depot and the round-house and the junction of the two roads at or near the House of Refuge, a sum not exceeding two dollars per car-load, and shall be at all times ready to make an agreement with the Louisville and Nashville Railroad Company by which said L. & N. Railroad Company shall charge one dollar less per car- load than established rates from their Broadway or Maple- street depots—this reduction to be made by the L. & N. Railroad Company on all such freights as would have been loaded at the expense of the said L. & N. Railroad Company had said freights been delivered at their said depot at Broadway or Maple Street. 54. The road-bed hereinbefore described, and the lay- ing of the rails on the same, shall be constructed and finished under the supervision of the City Engineer, and allowances for same shall be made by the General Coun- cil from time to time as the work progresses, upon the sworn estimates of the Company’s engineer. That said L., C. & L. Railway Company shall keep such guards and watchmen at the streets where crossed by the cars and engines of said company as may be required by the Mayor of The City of Louisville; that the rate of speed used by said Company on the line of road from the round- house aforesaid to the depot at Second Street shall not 568 RAILROADS (STEAM). Id., Section 4. Asn ordi nance for the benefit of the Ohio & Mis- sissippi R. Rk. and the other railroads cross- ing the bridge of the Louis- ville Bridge Co. Approved June 30, 1870. Sec. 1. Id., Section 2. exceed six miles per hour from 6 A. M. to8 P. M., and shall not exceed ten miles per hour from 8 Pp. M. to 6 A. M. 59. All merchants and manufacturers along said route shall have the right to connect their places of business by switch with the tracks herein provided for, provided they first obtain the consent of the General Council, and such switches are constructed under the supervision of the City Engineer. 56. If either The City of. Louisville or the L., C. & L. Railway Company shall be prevented, hindered, or de- layed in the full and complete performance of any matter or thing required under Section 3 of this ordinance, or the bond aforesaid, by legal or equitable proceedings or legis- lative requirements, the time of such prevention, hin- drance, or delay shall not be computed as part of the time within which anything required of either party shall be performed. 57. In order to facilitate the transfer and exchange of business between the various railroads now crossing or which may hereafter cross the Louisville Bridge, now erected over the Ohio River, and connecting with the Louisville and Nashville Railroad, and in order to give shipping facilities to manufacturers, merchants, and all others who may establish warehouses, factories, lumber- yards, coal-yards, and other places of business along the route of the various roads coming in and going out of The City of Louisville, the right of way is hereby granted to the Ohio and Mississippi Railroad, and such other rail- roads aS may come into The City and desire to use said bridge, to lay down their track or tracks with the neces- sary switches from the south end of said bridge to Four- teenth Cross-Street, and along said Fourteenth Street to the southern limits of The City of Louisville, and along Kentucky or Zane Street to the Louisville and Nashville Railroad depot. 98. The Louisville and Nashville Railroad Company shall have the right of way along said Kentucky or Zane RAILROADS (STEAM). and Fourteenth Streets, and thence to the depot or depots of the connecting roads which are now or may be estab- lished in The City of Louisville by the various railroads crossing the Louisville Bridge. 59. The right of way and other immunities and privi- /d., Section 3. leges herein granted are upon the express conditions that said railroad companies shall allow any and all parties owning property or doing business on the line of said railroad to have switches and side-track or tracks along- side and through their property, and to connect with the main track or tracks; and it shall be and it is hereby made the duty of said railroad companies using said streets to receive and deliver on said switches or side- tracks freight by the car-load on the same terms and price as though received and delivered at the principal depot or depots of said railroad companies: And pro- vided further, that the railroad companies aforesaid, be- fore entering upon the streets aforesaid to lay track or tracks, with switches and side-tracks, necessary to facili- tate the local and through business, shall severally enter into bond, to be approved by the General Council of The City of Louisville, conditioned to pay all cost or dam- ages which may result to individuals or the owners of property by reason of the laying down of said track or tracks, and for which The City of Louisville would be liable in the use of the same, and to make, grade, and pave, according to ordinance, and keep said several streets along which said tracks may be laid in good order from curb to curb (after the same shall have been made), as may be directed from time to time by the General Coun- cil, under the supervision of the City Engineer. 60. The motive power to be used on the south side of Main Street shall be what is called a steam pony or dummy, and the motive power to be used on the north side of Main Street may be such steam power as is used by the various roads crossing the bridge: Provided, the rate of travel shall not exceed six miles per hour. Id., Section 4 61. The switches and side-tracks heretofore authorized Jd., Section 5. RAILROADS (STEAM). Id., Section 6. ~ Id., Section 7. Id., Section 8. Id., Section 9. Id., Section 10. to be laid down in the streets aforesaid shall be laid down under the supervision of the City Engineer; and the right is hereby expressly reserved to The City of Louis- ville to change or alter the grades of said streets, and to pass all such ordinances in relation thereto as the public interest may require (not inconsistent with or repugnant to the rights herein granted). 62. All the railroads using the bridge from the north side of the river shall do all local business over the bridge and at the depot north of Main Street, except for live- stock. 63. All railroad companies which desire to cross the bridge aforesaid, for the purpose of exchanging freight and passengers, shall do so on equal terms, without being compelled to enter into any combination as to rates of freight and passengers; and all railroad companies accepting the provisions of this ordinance shall enter into a written contract with The City of Louisville and each other, binding themselves to carry out the provisions of the same, before entering upon the streets aforesaid. 64. The rights and privileges herein granted shall be null and void and of no effect, and shall cease, whenever the said railroads and the Louisville Bridge Company shall fail to permit any and all railroads desiring to do so to cross said bridge and the Bridge Company’s railroad track with their cars on equal terms. 65. The Louisville and Nashville Railroad, the Louis- ville Bridge Company, and the Jeffersonville, Madison and Indianapolis Railroad Company shall relinquish and forever abandon the right of way in or along Maple Street, and shall take up the track in said street, and leave said street in as good repair as when the track was first laid ; and said companies shall have the right to extend their tracks from a point on Fourteenth Street along Kentucky Street, and thence into the Louisville and Nashville Railroad. 66. Railroad companies accepting the terms of this RAILROADS (STEAM). ordinance shall give bond, to be approved by the General Council, that they will build a bridge over the track in Broadway, of such suitable structure and dimensions as may be named and designated by the City Engineer, and when required by the General Council, first having one year’s notice—railroads not to be responsible for damage to property-owners by reason of constructing said bridge. 67. The Louisville Bridge Company, or the railroad companies crossing the bridge of said Bridge Company, are hereby autherized and empowered to construct and operate along Fourteenth Street and along Maple Street one or more additional railroad tracks connecting their said depots and the tracks over and across the said bridge with the Louisville and Nashville Railroad depot and with such Union Depot as may hereafter be located and constructed in said City; and said railroad companies may construct and operate one or more tracks connecting said bridge with the Louisville and Nashville Railroad depot, of such gauge or gauges as to allow the cars of other connecting roads to pass over the same to and from said Depot. 68. The Louisville Union Depot and Transfer Company shall locate its buildings and warehouses at some point south of Main Street in said City. The said railroad companies using said bridge as herein provided, or the company operating said Union Depot, is hereby autho- rized and empowered to extend, construct, and operate said connecting tracks on and along Tenth Street, from Maple Street to Oak Street, thence along Oak Street east- wardly to the line of the Louisville and Nashville Rail- road, thence parallel with said road southwardly to the Southern Stock-yard, with the privilege of crossing all public streets and alleys intersected by said route. 69. In consideration of the powers and privileges herein eranted to the various companies named, it is provided that such of said companies as accept and exercise these privileges shall permit the owner or owners of any ware- house, manufactory, lumber-yard, or other business estab- 571 An ordi- nance to afford to the Louis- ville Bridge Com pany, to the various Railroad Com- panies crossing the Ohio River on the bridge of said Bridge Company, and to the Union Depot and Transfer Com- pany proper fa- cilities for the transaction of their business. Approv’d Mar. 14,1872. Sec- tion 1. Id., Section 2. Id., Section 3. D712 RAILROADS (STEAM). TId., Section 4. Id., Section 5. lishment, to connect the same with said connection track or tracks at any point between Main Street and Broad- way: Provided, that such owner or owners must first obtain the consent of the Mayor and General Council of said City to connect their warehouses, e¢c., as aforesaid. And further, that said companies operating over said con- necting tracks shall run cars, either loaded or empty, as may be required, into and out of all such warehouses, manutactories, efc., over the tracks consented to by the aforesaid City authorities ; and shall deliver and receive freight therefrom directly from and into their cars, as may be required by the operators of those business places. And no discrimination shall be shown in favor of one shipper or receiver over another; but the cars shall be run into and out of all such warehouses, e¢c., as promptly as possible. And there shall be charged for the transfer of such cars between the respective depots of said railroad companies in The City of Louisville and the places where the same are to be delivered or received on said private tracks not more than one dollar for each car, loaded in whole or in part. 79. In further consideration of the powers and privi- leges herein granted, the railroad companies, or other companies accepting and exercising the same, shall, at their own exclusive cost and expense, keep in good repair’ the streets on and along which the said connecting track or tracks may be laid and operated. To enable the said City to improve the said streets, or to construct or repair the necessary sewers in, along, or over and across the same, the said companies shall, whenever such improve- ments or sewers are to be made, after receiving due and proper notice thereof, at their own cost and expense exclusively, temporarily remove such track or tracks, or so protect the same that such repairs, improvements, or sewerage may not be impeded. 71. The companies exercising the privileges herein granted shall, at their own cost, Keep and maintain a flagman at each and every intersection of a street crossed RAILROADS (STEAM). by the tracks herein authorized, within the limits of said City, when so ordered by resolution of the General Coun- cil. 72. The rate of speed within the limits of The City of Louisville on the tracks herein authorized shall not ex- ceed six miles per hour. 73. For any damage done to person or property, caused by the operation of the cars or engines of said companies within said City, The City shall not be Hable; but said companies shall hold The City free and harmless from all claims for loss or damage sustained by reason of the ope- ration of the tracks herein authorized. 74, The Louisville Bridge Company, or the railroad companies now crossing the bridge of said Company, if desiring to avail themselves of the privileges herein grant- ed, shall within ninety days after the date of approval of this ordinance by the Mayor formally accept the same on the conditions provided, and enter separately into con- tract with The City to carry out the intentions hereof. 75. For any violation of such contract or of the provi- sions of this ordinance by either of the companies, the contract shall terminate and this ordinance be void and null to the company concerned. 76. All other railroad companies that may hereafter construct their roads and cross the bridge aforesaid, as also the Union Depot and Transfer Company, after it shall erect the proposed Union Depot, shall, if they wish to avail themselves of the said privileges, be permitted to do so upon equal terms with the other companies, after entering into contract with said City as herein provided, the contracts to be reported to the Council for approval. 77. This ordinance shall take effect as soon after its pas- sage as Section 8 hereof shall be complied with. 78. Upon being requested so to do by the Elizabeth- town and Paducah Railroad Company, the Mayor is hereby authorized and directed to enter into a contract Id., Section 6. Id., Section 7. Id., Section 8. Id., Section 9. An ordi- nance to au- thorize and di- rect the Mayor O74 RAILROADS (STEAM). to contract with the E: & P. BR. BR. Co, to extend and ope- rate its branch railroad and run its cars on and along Fourteenth St. Approved Oct. 27, 1818. See, 1 An ordi- nance in re- gard to the right of way to the Louisville, Harrods’ Creek & Westport Railway Co. Approved Apr. 8, 1878. Sec. 1. with said Company, allowing, so far as The City has the power to grant the same, the said Company to extend (under the direction of the City Engineer) and operate its branch railroad, with such sidings as it may deem necessary, and operate the same on and along Fourteenth Street, from the City limits to Maple Street—said track to be temporarily removed when necessary for City im- provements of said street—and to run its cars on the railroad already constructed on and along Fourteenth Street to the Ohio River Bridge of the Louisville Bridge Company, and on all branches or switches of said road as may be now or hereafter constructed, which contract shall contain the same terms, conditions, limitations and covenants, so far as the same are applicable, which are contained in the several contracts between The City of Louisville and the Louisville Bridge Company, the Louis- ville and Nashville Railroad Company, and the railroad companies crossing said bridge, executed pursuant to the provisions of an ordinance entitled ‘‘An ordinance to afford to the Louisville Bridge Company, to the various railroad companies crossing the Ohio River on the bridge of said Bridge Company, and to the Union Depot and Transfer Company, proper facilities for the transaction of their business,’ approved March 14, 1872; which con- tract shall bind the said Elizabethtown and Paducah Railroad Company in all respects as the said other- mentioned companies are bound by their said several con- tracts. 79. Right of way is hereby granted, so far as the Gen- eral Council has the right to grant the same, to the Louisville, Harrod’s Creek, and Westport Railway Com- pany to build and operate their railway inside the City limits, from the City limits, near the Cut-off, along the middle line of Fulton Street, as far down as Adams Street, and thence along the north side of Fulton Street, as the track is now located and the road operated, to foot of First Street (with one switch or turn-out), until such time as said street may be graded and paved by ordinance, RAILROADS (STEAM). when said track shall be laid by the company in or on such portion or line of Fulton Street as the General Council may desire, the same to be built upon grades selected by the City Engineer, and under his supervision: Provided, that the right of way herein granted shall cease and be of no effect whenever the Louisville, Harrod’s Creek, and Westport Railway Company shall fail to comply in any particular with this ordinance and the terms of the lease herein provided to be made. 80. And no trains shall be run at a greater rate of speed than six miles per hour, and The City may, at any time when necessary for repairs of streets, or making sewers, culverts, or other improvements, cause said railway to remove all or any of said tracks and replace the same free of any cost to The City. The same rules and regula- tions as to the rate of speed and running arrangements and charge for fares shall apply and be binding upon said railroad company as now exist with the several street-car railroad companies. 81. The right of way herein granted shall continue seventeen years from date of the approval of this ordi- nance, and at the end of said term the said Louisville, Harrod’s Creek, and Westport Railway Company shall remove its rails, cross-ties, eéc., and put said street in good repair, provided The City desires such removal. 82. The said Louisville, Harrod’s Creek, and Westport Railway Company shall, upon notice from the City Engi- neer, and under his supervision, and at the exclusive cost of said Company, construct, at each intersection crossed by said railway, a crossing for all kinds of vehicles, and keep the same in good repair. 83. Said Company shall be bound to receive and deliver freight on switches connecting with said road within the City limits, by the car-load, at a rate not exceeding one dollar per car-load extra. 84, His Honor the Mayor is hereby authorized to make to said Louisville, Harrod’s Creek, and Westport Rail- On a Id., Section 2. Id., Section 3. Id., Section 4. Id., Section 4. Id., Section _6. 1 RAILROADS (STEAM). Id., Section 7. way Company a lease to the following-described pieces of land, for the term of seventeen years from the date of the approval of this ordinance—to wit: The first piece beginning at a point two hundred and eighty-eight feet north of the north line of Water Street on the east side of First Street; thence north one hundred feet, east four hundred and twenty feet ; thence south one hundred feet ; thence west four hundred and twenty feet to the begin- ning. The second piece beginning at the southeast corner of a lot of land owned by John Shallcross’ heirs, one hundred and forty-eight feet five and one half inches east of the west line of Brook Street, and running with the north line of Fulton Street east four hundred and forty feet; thence north one hundred feet; thence west four hundred and forty feet to Shallcross’ east line ; thence south to the point of beginning, excepting all such spaces as are now occupied by coal-scales and coal-roads, all of which is correctly represented on the map accompanying the petition, as indicated by the red ines—the Mayor to report the lease to the General Council for its approval. 85. His Honor the Mayor, and the chairmen of the finance and wharf committees of each Board of the Gen- eral Council, shall be and they are hereby appointed a committee to fix the price to be paid by said Railway Company for the use of said land, to prescribe the time and manner in which the payment shall be made, and to prepare the lease, and the Company is to give bond, with good security, for the payment of said lease, to be ap- proved by the Council. 86. Before this ordinance shall take effect, or any right under it, said Louisville, Harrod’s Creek, and West- port Railway Company shall execute to The City of Louisville, for the benefit of the citizens individually, a bond, with good security, to save The City of Louisville and the citizens thereof free from all damages resulting from the operating of the route herein named by said Louisville, Harrod’s Creek, and Westport Railway Com- pany. RAILROADS (STEAM). 87. And this route and right of way is granted along Fulton Street, from the City limits near the Cut-off down to or near the foot of First Street, in lieu of any and all grants heretofore made by The City of Louisville, which grants are surrendered upon the accceptance of the one herein named. 88. The said Railway Company shall at all times keep its rails and tracks even with the surface of the streets through which the same is laid, and shall at all times keep their cars out of the lines of the streets, unless the said cars are in motion or receiving or unloading freight or passengers. 89. Said Railway Company shall, within three months after the passage of this ordinance, lay a turn-out or a switch on the north side of Fulton Street, from Brook Street to First Street, north of the track now in use, for the purpose of loading and unloading cars. 90. The Louisville, New Albany and Chicago Railway Company, a corporation organized under the laws of the State of Indiana, is hereby constituted a corporation, with power to sue and be sued, contract and be contracted with, to haveand useacommon seal, with the power inci- dent to corporations, and authority to operate a railroad. 91. The Louisville, New Albany and Chicago Railway Company is hereby authorized to purchase or lease, for depot purposes, in The City of Louisville or County of Jefferson, such real estate as may be deemed by it to be necessary for passenger and freight depots and transfer, machine-shops, and for all switches or turn-outs neces- sary to reach the same; and is also authorized to connect with any railroad or bridge now operated or used, or which may be hereafter operated or used in said County of Jefferson, and may build any such connecting lines, or lease or operate the same, and for all said purposes shall have the right to condemn all property required for the carrying out of the objects herein named, and may bond the same, and secure the payment of any such 37 O77 Id., Section 8. Id., Section 9. Id., Section 10. An act to incorporate the New Albany and Chicago Railway Co. Approved Apr. 8,1880. Sec. 1. Id., Section 2. 578 Id., Section 3. RAILROADS (STEAM). bonds by a mortgage of its property, rights, and fran- chises. 92. Said corporation shall have the power and right to condemn all property in The City of Louisville or County of Jefferson, in this State, which may be deemed by it to be necessary for the purposes set out in this act; and that the proceedings for that purpose shall be insti- tuted either in the Jefferson Court of Common Pleas or the Louisville Chancery Court, and shall be carried on, as nearly as may be, as actions at law by ordinary pro- ceedings. Warning orders against non-residents, absent defendants, or unknown owners of property, must be published three times in one of the daily newspapers published in said City of Louisville, State of Kentucky— the last publication at least ten days before the trial. The owners of distinct parcels of one contiguous tract may all be included in one proceeding, or any one or more of them holding contiguous tracts may be proceeded against in a separate action. The court shall make all such rules, orders, and judgments as will secure a fair trial by an impartial jury of said City or County, and shall give precedence upon its docket as soon as the par- ties are before the court and the issue made up. ‘The _ jurors shall be sworn truly to ascertain’ and determine by their verdict the amount of compensation each owner will be entitled to if his land or property described in the petition be condemned. The court in which these pro- ceedings are brought shall have power to assign a day for the trial of the case as soon as the petition is filed. Upon the return of the verdict, the court shall render judgment vesting title to the property described in the proceedings in said corporation, said judgment to take effect upon the payment into court by said corporation of the amount of money named in the verdict within thirty days after the rendition of said judgment : and should said corporation fail to so pay said money within said time, the said pro- ceedings shall be dismissed without prejudice to other and subsequent proceedings. RAILROADS (STEAM). 93. The Louisville, New Albany and St. Louis Railway Company, a corporation formed and existing under the laws of the States of Indiana and Illinois, is hereby made a corporate body within this commonwealth, with all the rights and privileges, and subject to all the duties and liabilities conferred or imposed upon other railroad com- panies incorporated by the laws of this commonwealth. 94. Said Company shall have the right to build and operate a railroad in the County of Jefferson, and in The City of Louisville, from the terminus of any bridge now or hereafter built across the Ohio River, or from any rail- road-transfer landing on the said river to any station, or to a junction with any other railroad in the said County or City; and may purchase, lease, or make running arrangements with the owners of any such railroad, and said Company may carry and transfer its locomotives, cars, freight, and passengers across the Ohio River; it being the intent and purpose of this act to enable and authorize the said Company to build, own, and operate a line of railway from some convenient point in the said City of Louisville to any such bridge or transfer landing ; and so as to connect the same with a line of railway in the State of Indiana by bridge or river transfer ; and the said Company may establish and construct such depots, sidings, turn-tables, shops, and offices as may be deemed expedient, and it may purchase, lease, or otherwise ac- quire property for the said railroad depots, sidings, shops, offices, and other purposes of the said Company; and for these objects may condemn property by proceedings in the Jefferson Court of Common Pleas or Louisville Chan- cery Court; and in such proceedings the owner or owners, or claimants of the property sought to be condemned, Shall be made defendants, and be summoned as in other actions. Theactions shall be tried by a jury, unless a jury be waived; and the proceedings shall be according to the practice in the cases of a traverse of the return upon a writ of ad quod dainnum. 95. The said Company may issue and sell its negotiable O79 An actin relation to the Louisville, New Albany and St. Louis Railway Co. Approved Apr. 9,1880. Sec. 1. Id., Section 2. Id., Section 3. 580 RAILROADS (STEAM). Id., Section 4. An act to charter the Louisville and Nashville Rail- road Co. Ap- proved March 5,1850. Sec. 22. bonds, bearing a rate of interest not exceeding seven per centum per annum, payable at such time and place as it may determine; and may secure the same or other obli- gations by a mortgage upon the property, rights, and franchises of the said Company within this State, either separately or in connection with the property out of the State. | 96. The said Company shall have the right to build or operate its railroad over and along such public ways in The City of Louisville as may be permitted by the Gen- eral Council of the said City: Provided, said Company does not interfere with the chartered rights of any other railroad or railroad company or companies. 97. The corporation of The City of Louisville, and the County Courts of the Counties of Jefferson, Bullitt, Nel- son, Larue, Barren, Allen, Green, Taylor, Hardin, Hart, Edmondson, Warren, and Simpson, and of any other counties through which this road may pass, a majority of all the members of the Board of Councilmen of said City, and of the County Courts of said counties, con- curring therein, be and they are hereby authorized to subseribe for and on behalf of said City and counties as many shares in the capital stock of said railroad as to them may seem expedient, and to levy the sum so sub- scribed on the taxable property of said City or counties ; and the better to ascertain the public sentiment of said City and counties in reference to the proposed subscrip- tion of said stock herein authorized, said Board of Coun- cilmen and County Courts are hereby authorized, if by them deemed expedient, in such manner as they may direct and prescribe, to submit the same to a vote of the qualified voters of said City and counties respectively. ? 2 The City of Louisville was, prior to March 1, 1882, the owner of nine- teen thousand one hundred and thirty-two shares of stock in the Louisville and Nashville Railroad Company. By authority of an act of the Legisla- ture, approved February 1, 1882, the Commissioners of the Sinking Fund of — The City of Louisville disposed of ten thousand of said shares. The balance of nine thousand one hundred and thirty-two shares is still held by The City. RAILROADS (STEAM’, 581 98. The profit declared on the stock of The City of Louisville and the respective counties shall only be held subject to the order of the board by consent of the Gene- ‘ral Council of The City and the respective county courts. 99. The Railroad Company may guaranty the payment of the interest and principal of all or any part of the bonds of the several counties which have been or may be delivered in payment of stock by an indorsement on each bond so guarantied the following words: ‘‘'The Louis- villeand Nashville Railroad Company guaranty the pay- ment of the interest and principal of the within bond,”’ to be signed by the president and countersigned by the secretary, and the seal of the corporation affixed. Coun- ties, towns, cities, and other corporations that have or may subscribe for stock and pay the same in bonds, may, under the provisions of laws in their respective States, retire the bonds issued by them and delivered in pay- ment of stock, by the transfer of the county or cor- poration stock made by the proper authority, or may by indorsement in these words, ‘‘Convertible into stock at the election of the holder in five years after a through run of the cars from Louisville to a point within the city of Nashville,’ to be signed by the Mayors of cities and Clerks of County Courts. On such transfer being made, the Railroad Company shall cancel so much of the stock of the county, city, or corporation, and issue the same to the holders of such transfers or convertible bonds. The bonds, when surrendered, shall be canceled. 100. Said Railroad Company may atany time and place, in the United States or elsewhere, without the formality of opening books for public subscriptions, or appointing commissioners for that purpose, receive subscriptions of stock to their Company by individuals, towns, cities, counties, or other corporations, whether payable in money or other things, with such terms and time of payment, conditions annexed, and kind of payment, that may be set forth in the subscription ; and when the stock so sub- scribed is earned or paid for, certificates thereof shall be An act to amend the charter of the Louisville and Nashville Rail- road Company. Approved Jan. 17,1856. Sec. 1. Id., Section 2. Id., Section 1. 582 RAILROADS (STEAM). An act to amend the charter of the Louisville and Nashville Rail- road Company. Approved Feb. 6,1858. Sec. 7. An act to amend the charter of the Louisville and Nashville Rail- road. Approv’d Feb. 10, 1864. Sec. 2. issued to those entitled to it. Said Company may also contract to pay, in the capital stock of the Company, for anything necessary to carry on the work of construction, or pay any debt of the Company ; and may sell, convey, and deliver any property received for stock, or mortgage or pledge the same. 101. To enable the Louisville and Nashville Railroad Company to make profitable the outlay for grading, ma- sonry, and bridging, to the south bank of Green River, the General Council of The City of Louisville shall be and are hereby authorized and empowered to subscribe three thousand additional shares of the stock of the Louisville and Nashville Railroad Company and pay for the same in the bonds of The City of Louisville, in sums of not less than one hundred dollars nor more than one thousand dolars, the one fourth thereof pay- able in one year, one fourth in two, one fourth in three, and one fourth in four years from their respective dates, bearing six per cent., payable half-yearly at some bank in The City of Louisville, and payable to the Louis- ville and Nashville Railroad Company, signed by the Mayor of The City, and with the seal of the corporation affixed, countersigned by the Auditor, and the coupons signed by the Auditor. 102. The City of Louisville, and the several counties holding stock in said road, paid in bonds, may sell to said road, or to others, their stock for the redemption of their bonds: Provided, however, that no sale shall be made by the justices of the peace, or County Court of any county, or The City of Louisville, without the question of ‘‘sale or no sale’’ shall first be submitted to the legal voters of the county or city desiring to sell—said election to be held, after sixty days’ notice, in the manner elections are held for members of the legis- lature ; a majority of the voters voting for the sale shall authorize a sale to be made. |“ BG@SSee AssEssorn—BRIDGES AND FrERRIES—CoRPORATE PowERS— ENGINEER—FINANCE—FINES AND MISDEMEANORS—GENERAL CouNCcIL— Pustic Ways— Raitways (STREET) —Sinxine Funp — TAaxaTIoNn — TRANSFER AND TRANSPORTATION COMPANIES. OHA P TER: xXx xX VILL RAILWAYS (STREET). CONG ENTS: 1. Legislative authority to The City in regard to street railways. 2. Petition of owners and tenants as a prerequisite; recital in the ordi- nance and effect thereof. 3. Letting of franchises. 4. Regulation of fares. 5. Ordinance protection to street railroads. 6. Majority of interest. 7. Effect of the act. 8. The City is given the power to cause the construction of railroads in her streets; proviso; the Council may empower others to construct street railroads, subject to its regulation and control. 9. Ordinance regulation of the terms and conditions of street rail- ways. 10. The consent of the General Council necessary before laying down tracks in any street. 11. Proviso with regard to con- flicting franchises. 12. Regulation of gauge, grade, and bridges. 13. The bond which railway com- panies shall enter into with The City; forfeiture of franchises. 14. Further conditions. 15. Bond for the fulfillment of re- quirements of the Council. 16. Proposals; advertising, etc. 17. Fare of passengers. 18. Costs of construction; receipts ; reports, etc.; franchises not transfera- ble. 19. Exemption of The City from liability for damages. rails, 20. Contracts. 21. List of stockholders. 22. The use of tracks by other com- panies; conditions. 23. Specifications to be met by all licensed companies. 24. Effect of the ordinance; con- tracts. 25. Use of tracks by other vehicles than cars; fine. 26. Obstruction by vehicles; fine 27. Obstructions on tracks; fine. 28. Disorderly conduct of passen- 29. Numbering and licensing of cars; price of license. 30. Fine. 31. Relative movement of cars. 32. The Council to prescribe terms and conditions of occupancy of streets with railways. 33. Restrictions of such grants. 34. Law governing construction of railways. 35. Street railways may be ope- rated on Sundays. 36. The Louisville City Railway Company incorporated. 37. Corporate power and autho- rity. 38. Capital stock. 39. Directors; by-laws; subscrip- tions. 40. Payment of subscriptions. 41. Extensions; right of way; in- cidental powers. 42. Rates of fare. 43. Repairs of street. RAILWAYS (STREET). 44. Commencement of operation under the franchise. 45. Council may regulate fare. 46. Issuance of bonds. 47. Empowered to carry freight. 48. May build tracks upon any City street with the Council’s con- sent. 49. Authority to issue bonds, cou- pon and registered. 50. Payment of bonds; mortgage; proviso. 51. Right of way; Brook Street. 52. Payment of costs of repairs required. 53. Numbering and registering of cars; license. 54. Substitution of tram for cres- cent rails. 55. Line of cars from the L. & N. depot to Brook and Main streets. 56. Curves and connections. 57. The Company to discontinue litigation against The City; and pay costs. 58. After fulfillment of conditions by the Company, The City to keep street in repair. 59. Supervision by the City En- gineer. 60. The contracts between The City and the Company continued and modified. 61. Acceptance of ordinance by the Company; contract; time tor completing work. 62. Right of way in Fifteenth Street granted. 68. The Engineer’s supervision. 64. Observance of the contract of March 28, 1864. 65. Right of way in Highteenth Street granted. 66. Dean & Coleman tram-rail re- quired; Engineer’s supervision; con- ditions. 67. Contract of March 9, 1874, ad- hered to. 68. License. 69. Time for beginning and com- pletion of work. 70. Right of way in Main, Six- teenth, Seventeenth, and other streets granted, 71. The Dean & Coleman tram- rail required; Engineer’s supervi- sion; conditions. 72. Express condition as to old tracks in Portland Avenue. 73. Contract of March 9, 1864, ad- hered to. 74. Acceptance by the Company. 75. The City’s right to purchase waived for fifteen years. 76. Ordinance permitting the use of Market Street conditioned. 77. Right of way in Second, First, and Twelfth streets granted. 78. Contract of March 9, 1864, followed. 79. Engineer’s supervision. 80. Time allowed for beginning and completion of work. 81. Right of way in Second Street, Shipp Avenue, First Street, and House of Refuge grounds granted. 82. Time allowed for work. 83. Running of cars; fare, etc. 84. Johnson tram-rail required; Engineer’s supervision. 85. Contract. 86. Acceptance by the Company. 87. Gates. 88. Removal of tracks; opening of Second Street. 89. Contract with House of Refuge. 90. Repair of streets. 91. Adjustment of disputed rights between The City and the railway companies; reference; basis of settle- ment. 92. Numbering and licensing of cars. 93. Brook-street right of way con- firmed. 94. Curves and connections. 95. Contracts; conditions. 96. Rate of fare chargeable. 97. Right of way in Main and Fifteenth streets granted the Citi- zens’ Passenger Railway Company; conditions, 98. Right of the Louisville City Railway Company to use the fran- chises of the Citizens’ Passenger Rail- way Company; stipulations and con- ditions. 99. Repairs. managers of RAILWAYS (STREET). 100. Use of present tracks and privileges of extension. 101. Engineer’s supervision. 10z. Contract of December 30, 1865. 103. The Citizens’ Passenger Rail- way Company authorized to be sold to the Louisville City Railway Com- pany. 104. The Central Passenger Rail- road Company incorporated; term of years; powers. 105. Authority. to build and ope- rate a railroad; location of tracks; terms and conditions. 106. Capital stock. 107. Board of directors; by-laws; subscriptions. 108. Election of directors; vacan- cies; powers. 109. Extensions of tracks; power to condemn by writ of ad quod; au- thority to acquire, hold, and convey real estate, borrow money, ete. 110. Motive power; regulation of rate of speed, fares, trips, etc.; Com- mencement of operations; the Du- mesnil contract assumed by the Com- pany. | 111. Real estate held not to exceed in cost $100,000. 112. Power to lease property or franchises. 118. May adopt by agreement _ other motive power. 114. Power to subscribe to capital stock in other companies, etc. 115. How subscriptions to be made. 116. Amount invested; limit. 117. Authority to buy, sell, or lease property and franchises. 118. Authority to carry freight and parcels. 119. Authority to lay tracks on any street in The City to which the Coun- cil may consent. 120. May operate cars by the cable system, electricity, etc. 121. Right of way in Baxter Ave- nue granted; also in Fourth Street, Ormsby Avenue, and Seventh Street; mode of construction, conditions, modification of existing contract; specific requirements. 122. Annual license; repairs of streets. 123. Ordinance may be repealed. 124. Acceptance within thirty days. 125. New contract. 126. Duty of Company when streets are improved. 127. Repeal and effect. 128. Right of way in Fourth Street and Magnolia Avenue; condition. 129. Acceptance. 130. Right to repeal ordinance. 131. Joint use by the Louisville City Railway Company. 132. Right of way in Fourth Street beyond Magnolia Avenue; condi- tions. 133. Acceptance. 134. Right of repeal. 135. The Company required to con- struct and operate its road on Fourth Street, between Magnolia Avenue and Lee Street. 136. Time allowed for compliance. 137. Required to reconstruct and operate its road on Walnut, from Twenty-first to Twenty-fifth Street, and on Fourth Street. 188. City’s right to purchase waived for fifteen years. 139. Time for completion of work. 140. Right of way in Nineteenth, Bank, and Thirty-third streets, High _ Avenue, Thirty-fifth, and Water streets; conditions and stipulations. 141. Repeal of former grants. 142. Right of way to the Kentucky Street Railway Company along Fifth, Chestnut, Brook, and Oak streets. 143. Conditions. 144. Privileges to passengers of being transferred to Walnut-street line; union of the two lines; con- nection during the Southern Exposi- tion. 145. Further conditions of the grant. 146. Engineer’s supervision; re- moval of tracks. 147. Authority of the City Council made necessary before building line of railway. 148. Constructed lines declared legal. - 149. Power to build and operate on other streets. 150. Power to borrow money, ete. 151. Right of way granted to the Crescent Hill Railway Company 585 586 An act to empower The City of Louis- ‘ville to autho- rize the con- struction of railroads in any of its streets, to be propelled by horse power. Approv’d Mar. 2, 1860. Sec. 1. Id., Section 2. Id., Section 3. RAILWAYS (STREET). through Hamilton Avenue, Payne | cuted to The City as a condition and Bridge Streets. precedent. 152. Engineeer’s supervision; re- 155. Contracts governing Comp’y. moval of tracks, etc. 156. Time allowed for beginning 153. Term of franchise limited to | of work. twenty years. 157. License. 154. Covenant required to be exe- 158. Repeal of former grant. 1. The General Council of The City of Louisville may pass ordinances from time to time authorizing the con- struction of a railroad, to be propelled by horse-power and to be used only for the transportation of passengers, in any street in said City, and regulating the mode of constructing and using the same; but no such ordinance shall be passed until the majority in interest fronting the street between the termini of the proposed railroad shall petition in writing for the same. 2. Every such ordinance shall recite on its face that such petition had been presented to the General Council ; and in all suits or proceedings instituted to prevent or re- strain the construction of such railroad, or in any way in- volving the right to construct tbe same, this recital shall be received as prima facie evidence of the facts recited ; and in all suits or proceedings to prevent or restrain the use of said railroad, or to remove obstructions therefrom, or to enforce penalties for obstructing the same, said recital shall be received as conclusive of the facts recited. 3. The right to construct and use any railroad which may be authorized by ordinance shall be publicly let to the person or persons who will agree to transport passen- gers for the smallest sum, or who will pay The City the largest per centwm of his or their gross receipts, which- ever shall be required in the ordinance, and will comply with all the conditions required by the ordinance ; notice of the time and place of the letting shall be published at least ten days in three daily papers published in said City; and the ordinance shall be published along with said notice: Provided, however, the General Council may have the right to reject any such offer or bid should they deem the amount so bid insufficient. RAILWAYS (STREET). 4. The General Council shall, in every such ordinance, prescribe what shall be charged for the transportation of passengers ; but in no case shall any higher sum than ten cents be allowed for the transportation of one passenger from one terminus of the railroad to the other. 5. The General Council may from time to time pass ordinances, with suitable penalties, to prevent the ob- struction of any such railroad or to compel the person or persons running or having charge of the same to keep the same in good order. 6. In determining the majority of interest, as specified in Section 1 of this act, the same shall be determined by the value of the property as assessed by the City Assessor at the preceding assessment. 7. This act shall not affect the rights of any railroad company now occupying any street in said City, and it shall take effect from and after its passage. 8. The General Council of The City of Louisville are hereby empowered and authorized to have constructed a railroad or railroads, with single or double tracks, in such streets of said City as they may by resolution desig- nate: Provided, that steam-power shall not be used in the propulsion of cars. To carry out the powers granted in Section 1 of this act, the General Council may, by con- tract, sale, or bargain, empower any corporation or corpo- rations, parties or company, to construct said street rail- roads, the General Council reserving all rights to regu- late and control the same. 9. Any company or individuals organized for the pur- pose of laying down rails for running street-passenger cars, to be drawn by horses or mules through the streets of Louisville, shall be guided, governed, and regulated by the following conditions and such restrictions as the General Council may hereafter pass. 10. No company or individuals shall be permitted to lay down a track through any of the streets of said City Id., Section 4. Id., Section 5. Id., Section 6, Id¢., Section 7. An act for the benefit of The City of Louisville. Approved March 2, 1863. Secs. 1 and 2. An ordi- nance prescrib- ing the terms and conditions of street pas- senger rail- roads in The City of Louis- ville. Approv- ed July 26, 1863. Sec. 1. Id., Section 2. 588 Id., Section 3. Id., Section 4. RAILWAYS (STREET). without first having obtained the consent of the General Council, designating the company or individuals to whom the privilege is granted and the streets through which said line shall run. 11. Provided, that before said street railroad company or individuals shall commence to run their cars upon any street where it will injuriously affect or interfere with the business of any omnibus line or lines, they shall, at the option of the owner or owners of such omnibus line, purchase such omnibus line or lines, together with all property belonging to and used in such omnibus business, at a price to be agreed upon between said street railroad company or individuals and such omnibus line or lines; or if they can not agree, then to be ascertained in the folowing manner: One disinterested person, acquainted with the value of said omnibus business and property, shall be chosen by said street railroad company or indi- viduals, and one by such omnibus line ; and the two per- sons so selected, if they can not agree, shall choose a third, and the valuation set by these persons, or any two of them, in writing, on such omnibus business and pro- perty, shall be final and conclusive. 12. All tracks laid shall be of the gauge of five feet and two inches, and of the most approved rail, and the same to be laid according to the direction of the General Coun- cil and City Engineer, and in such manner as to be no impediment to the ordinary use of the streets, with suit- able bridges at all the gutters, so as to permit the flow of water under the same, and on such grades as are now or may be hereafter established by the General Council. 13. Any company or individuals to whom any privilege shall be granted by The City, shall first enter into a good and sufficient bond in the penal sum of twenty-five thou- sand dollars with The City; said bond to be drawn by the City Attorney or Assistant City Attorney, and to constitute a lien upon all the property and franchises of the Company ; to bowlder between the rails; also to pave or bowlder (as the street may be) two feet on the outside ZAILWAYS (STREET). 589 of each rail, so as to correspond with the street outside ; to keep the same in good repair, to the satisfaction of the , General Council; and also that no motive-power, except horses and mules, shall be used upon any road ; and that no road shall be used in any way for the transportation of freight, but expressly for City passenger cars. And if any company, or individual to whom any privilege shall be granted, shall fail to keep so much of such street or streets, as above specified, in good and sufficient repair, or shall refuse to pay into the City treasury the amount of the tax or license fixed by the Council for the privi- lege of using the street, as required by this Section, the General Council shall have the right to prevent the use of said street or streets by removing the rails therefrom. 14. And upon the further condition that any company or individual to whom any privilege may be granted shall place and continue upon said roads good cars, with all modern improvements for the comfort and convenience of passengers, and that they run passenger cars thereon as often as the public convenience may require, and under such directions as the General Council may from time to time prescribe. 15. And provided, also, that any company or individual to whom such privilege may be granted shall in all respects comply with the directions of the General Coun- cil in building said roads, and in the running of cars thereon, and in any other matters connected with the regulation of the same: And provided, also, that any company or individual shall, before the permission takes effect, enter into a bond, with mortgage, as hereinbefore provided, to be drawn by the City Attorney or Assistant City Attorney, and approved by the General Council, binding themselves and their successors to abide by and perform the stipulations and provisions herein contained, and also all such other resolutions or ordinances as may be passed by the General Council regulating the running upon said roads. Td., Section 5. Id., Section 6. 590 Id., Section 7. Id., Section 8. Id., Section 9. Id., Section 10. RAILWAYS (STREET). 16. Provided, that the City Auditor shall, when in- _ structed by the City Council, advertise for ten days in the official papers of this City, stating the routes which have been designated by Council for street railroads, and ask for sealed proposals under this ordinance to construct the same, and the company or individual that will pay the highest amount of license per car per annwm, and the highest amount for each passenger carried, and also to bid for the lowest price of commutation tickets, in packages of not less than twenty-five, shall be considered the successful bidder: Provided, however, the General Council shall be the judges of the bids. 17. And provided, any such company or individual shall not charge more than five cents for each passenger on any of said roads. 18. And provided further, that they shall file with the City Auditor a statement, under oath, of the cost of each mile or fraction of a mile of road completed ; and also a monthly statement of the gross receipts, and shall exhibit the books and vouchers belonging to said com- pany or individual to a committee of the General Coun- cil, or to any person or persons the Council may appoint to examine such books and accounts at any time. But no company or individual, to whom any privilege may be granted, shall assign or transfer their franchise in said road or roads without first obtaining the consent of the General Council thereto. 19. And provided further, that The City of Louisville shall not be held liable to any company or individual for any damage any company or individual may incur from the breakage of any sewer or water-pipe, or from any delay in the transportation of passengers that may be caused by the laying of sewer-, water-, or gas-pipes, or the necessary repairing of the same, or from any other delays or damages that may be caused by fire or otherwise; but any such company or individual shall be liable for any loss or injury that any person may sustain by reason of any carelessness, neglect, or misconduct of their agents RAILWAYS (STREET). or servants in the management, construction, or use of said track or roads; and any such company or individual shall indemnify and hold The City harmless from any damage that may be claimed by property-holders or by any person or persons on account of the laying of said track, or in the use or by reason thereof, or by running the cars thereon. 20. And provided, any company or individual to whom privilege may be granted as aforesaid, shall, within ten days after the passage of a resolution granting such privi- lege, come forward and sign the proper contract, agreeing to abide by these stipulations and other ordinances that may be passed hereafter by the General Council regulat ing such roads, and agreeing further to commence said road within sixty days thereafter, and complete the same _within twelve months. 21. The president and secretary of each and every such company or of individuals shall, on the first day of Jan- uary in each and every year during the continuance of the contract, furnish to the General Council a full and complete list of the stockholders thereof; and such state- ment shall be verified by the oaths of said president and secretary, to be administered by a notary public of the County of Jefferson, and attested by his seal, or by any person authorized to administer oaths. 22. The City Council shall, at any future time, have the power, when the public good demands, to grant a second or third company or individual the right to occupy any track already laid down: Provided the expense of laying and keeping in repair said track, so far as used by different companies or individuals, shall be equally borne by all those that use them ; but the Council shall not have the right to grant a permit to run upon any route already disposed of for a greater distance than one tenth of the whole route. 23. The following specifications regulating the running of street railroads in Louisville are required of each and 591 Id., Section 11. Id., Section 12. Id., Section 138. Ia., Section 14. 592 RAILWAYS (STREET). every company or individuals taking out license under the provisions of this ordinance—viz:; (1.) No car shall be drawn at a greater Speed than six miles an hour. (2.) While the cars are turning the corners from one street to another, the horses or mules shall not be driven faster than a walk. (3.) Cars driven in the same direction shall not approach each other within a distance of three hun- dred feet, except in case of accident, when it may be neces- sary to connect two cars together; and also except at stations. (4.) No car shall be allowed to stop on a cross- walk, nor in front of any intersecting street, except to avoid collision or to prevent danger to persons in the street. (5.) When the conductor of any car is required to stop at the intersection of streets to receive or leave passengers, the cars shall be stopped so as to leave the rear platform slightly over the crossing. (6.) The con- ductors and drivers of each car shall keep a vigilant | watch for all teams, carriages, persons on foot, and espe- clally children, either on the track or moving towards it, | and on the first appearance of danger to such teams or persons, or other obstructions, the car shall be stopped in the shortest time and space possible. (7.) The con- ductor shall not allow ladies and children to enter or leave the cars while in motion. (8.) Conductors shall announce to the passengers the names of the streets, or the place wherever the cars cross in connection with any other rail- road track. (9.) The cars after sunset shall be provided with signal lights. (10.) No cars shall remain standing at the central or principal depot more than five minutes, excepting at the ferry landing ; and the cars shall run as often as the public good demands or the General Council may from time to time direct. (11.) The cars shall be entitled to the track, and any vehicle upon the track of said company shall turn out when any car comes up, so as to leave the track unobstructed, and the drivers of any vehicle refusing to do so, when requested by the driver of any car, Shall be liable to a penalty of not exceeding five dollars on conviction before the City Court of Louisville, and costs of prosecution ; and all fines collected under v RAILWAYS (STR EET) ‘ 593 this Section shall be paid into the City treasury, to be appropriated to the School Fund. (12). Provided, that if any person or persons shall have cause to remove any large iron safe, or other large and heavy substance, they shall be allowed a sufficient time to load and unload the same, without being liable to the penalty attached by this Section. 24. This ordinance shall continue and be in force from and after its passage. All contracts made under the pro- visions of this ordinance shall be for the term and period of twenty years. 29. Any person or persons who shall use or cause to be used on any street railroad, or on the track, or part of track, of any street railroad company, any car, omnibus, or other vehicle, fitted or adjusted to run on the rail or track, or part of rail, of any street railroad in The City of Louisville, to carry passengers and compete with said railroad company, or owners of any street railroad in carrying passengers, without the consent of such rail- road company or owners, shall be fined not less than five dollars nor more than fifty dollars for every offense. 26. Any owner or driver of any dray, wagon, or other vehicle, who shall willfully or maliciously, or unneces- sarily obstruct, hinder or delay the passage of cars of any street railroad company over their track by standing their vehicle on or across the track of any railroad company, or moving thereon, shall be fined five dollars for every such offense. 27. Any person or persons who shall willfully or mali- ciously place any obstructions upon the track of any street railroad company in The City of Louisville, so as to hin- der or delay unnecessarily the cars of said company, or damage the same, or willfully or maliciously damage or injure the property of any street railroad company, shall be fined not less than five dollars nor more than fifty dol- lars for each offense. Id., Section 15. An ordi- nance concern- ing street rail- roads. Ap- proved Oct. 30, 1865. Sec- tion 1. Id., Section 2. Id., Section 3. 28. Any person or persons who shall enter any car or Jd, Section4. 38 594 RAILWAYS (STREET). An ordi- nance concern- ing street rail- road cars. Ap- proved July 16, 1866. Sec.1. TId., Section 2. The charter, act of Mar. 8, 1870. Sec. 15. cars of any street railroad company in The City of Louis- ville and refuse to pay the usual and lawful fare for carrying passengers thereon, or who shall molest or ob- struct and disturb the conductor or driver, or passengers of said car, or who shall use profane or obscene language on said car, shall be fined not less than five dollars nor more than fifty dollars for each offense. 29. It shall be unlawful for any street railroad car to be for any time used for carrying passengers on any of the railways in The City without being numbered and duly licensed for and during the time such car shall be so used. The price of license for each street railroad car used within the City limits for carrying passengers shall be twenty-five dollars per annwm until otherwise ordained. 30. If any car shall be used without being numbered or licensed as required by this ordinance, the company to which said car shall belong, or for whose benefit the same shall be so used, shall be fined not less than ten nor more than twenty dollars for each day or part of day such car shall be so used. 31. Cars driven in the same direction shall not approach each other within a distance of three hundred feet, except in case of accident, when it may be necessary to connect two cars together, and also except at stations. For a vio- lation of the provisions of the second Section of this ordinance, the driver of the car so violating, or the com- pany allowing it, shall be fined five dollars for each offense. | 32. Said Council shall prescribe by ordinance the terms and conditions upon which the public ways of The City may be used or occupied by street railways. 33. No grant for a double track shall be made; nor shall a grant for the construction or operation of any street rail- way be made, until those applying for such privilege fur- nish the General Council with the written consent of a majority of the owners of property fronting or binding on RAILWAYS (STREET). the proposed line of railway; nor until public notice of the intention to make the grant, and inviting proposals therefor, shall have been published for ten days in one or more of the principal daily papers of The City ; nor shall the grant be made except to persons who shall agree to carry passengers at the lowest rate of fare, and give good security to comply with the terms of the grant and ordi- nances of The City not in conflict therewith. 34, The construction of street railways shall be under the direction of the General Council, and shall conform to the grade of the streets, and be subject to removal or obstruction during the construction, reconstruction, and repairs of streets and other public improvements, and to be replaced at the cost of the owners or operators of such railroad without claim for damages for such obstruction or removal; and this shall be so stated in the grant and contract. 39. The provisions of the General Statutes regarding the observance of Sunday shall not apply to street rail- way companies. 36. Bland Ballard, J. B. Smith, G. H. Ellery, Z. M. Shirley, J. T. Boyle, J. G. Barret, and W. C. Hite, and their successors, are hereby created a body corporate and politic, by the name of the ‘‘ Louisville City Railway Com- pany,’’ for the term of thirty years, with all the powers and authority incident to corporations, for the purposes hereinafter mentioned. 37. The corporation is hereby authorized and empow- ered to construct, maintain, and operate a single- or double- track railway, with all necessary and convenient tracks for turn-outs, side-tracks, and appendages, in The City of Louisville, and in, on, over, and along such street or streets, highway or highways, within the present or future limits of The City of Louisville, as the General Council of _ said City shall authorize said corporators so to do, in such manner, and upon such terms and conditions, and with such rights and privileges, as the said General Council 595 An act con- cerning street railways. Ap- proved Mar. 5, 1880. An act to incorporate the Louisville City Railway Com- pany. Ap- proved Feb. 15, 1864. Sec. 1. Id., Section 2. 596 Id., Section 3. Id., Section 4. Id., Section 5, RAILWAYS (STREET). may, by contract or otherwise, with said corporation or any of them, prescribe, as provided in an act entitled ‘“‘An act for the benefit of The City of Louisville,’ approved March 2, 1863; but said corporation shall not be liable for any baggage carried on said railways, kept in and under the care of its owner, his servant or agent. 38. The capital stock of the Louisville City Railway Company shall be one hundred thousand dollars, and may be increased, from time to time, at the pleasure of said corporation. It shall be divided into shares of one hun- dred dollars each, and be issued and transferred in such manner and upon such conditions as the board of direc- _ tors of said corporation may direct. 39. The affairs of said corporation shall be managed by seven directors, one of whom shall be president—all of whom shall be stockholders in said corporation. The first board of directors shall consist of Bland Ballard, J. B. Smith, G. H. Ellery, Z. M. Shirley, J. T. Boyle, J. G. Barret, and W. C. Hite, who shall continue in office until their successors shall be elected by a majority in interest of the stockholders of said corporation ; and the board of ~ directors chosen by the stockholders shall continue in office for one year, or until their successors are elected and qualified. If any of the above-named directors shall decline or refuse to act, a majority of the others shall fill the vacancy by appointing or choosing some one else. They may adopt such by-laws, rules, and regulations for the government of said corporation, and the management of its affairs and business, as they may deem proper, not inconsistent with the laws of this State. The said cor- porators, or any of them, may open books of subscription, and receive subscriptions to the capital stock of the Louis- ville City Railway Company, herein incorporated ; and such books of subscription may be opened and subscrip- tions received at such times and places, and upon such notices thereof, as any three of said corporators may deem right and proper. 40. At every subscription of stock to the capital stock RAILWAYS (STREET). of said Louisville City Railway Company there shall be paid, at the time of subscribing, to said corporation, or such agent as any three of them shall designate, ten per cent. of the amount so subscribed ; and so soon as the one hundred thousand doHars of capital stock is subscribed, and ten per cent. thereof paid in, the said corporators, or any of them, shall give notice of the time and place at which an election shall be held for a new board of direc- tors, who shall hold and continue in office as provided herein. The board of directors of said corporation may fill all vacancies in their body which may happen by death, resignation, or otherwise, and may make such calls of payment of stock as they deem proper, not to exceed five per cent. for every thirty days. 41, The said corporation is further hereby authorized to extend such railways as they may be authorized to con- struct under this act to any point or points within three miles of the limits of The City of Louisville; and to enable the said corporation to construct any railways authorized by this act, the said corporation is invested with the right to acquire such land or right of way, by writ of ad quod damnum, in the same manner that turnpike-road compa- nies are authorized by the one hundred and third Chapter of the Revised Statutes of Kentucky, as may be necessary for laying their tracks, side-tracks, turn-outs for car-sheds and stables. The said corporation are authorized and empowered to acquire and hold and convey real estate, exclusive of their tracks and right of way, to an amount not to exceed fifty thousand dollars. The said corpora- tion may borrow money to an amount not to exceed the capital stock of the Company, and issue bonds in sums of one hundred, five hundred, and one thousand dolars, and may pledge and mortgage the property of the said corpo- ration, including railway tracks, fixtures, rolling-stock, and all appurtenances and real estate belonging to said corporation. 42. The rate of fare for any distance within the City limits shall not exceed five cents, and outside the City Id., Section 6. Id., Section 7. 598 RAILWAYS (STREET). Id., Section 8. Id., Section 9. An act t» amend the charter of the Louisville City Railway Com- pany. Ap- proved Mar. 9, 1867. psec. Id., Section 2. limits it shall not exceed ten cents for each passenger, ex- pect when cars or carriages shall be chartered for a spe- cific purpose. 43. The cars to be used upon said railways shall be ope- rated by animal power, and the streets on and along which said railway company may run their tracks shall be kept in good repair by said company for two feet on either side of the track, so long as said company shall continue to operate said roads, under such regulations as the General Council may prescribe by ordinance or agreement. 44, The railways authorized to be constructed by this act shall be commenced within sixty days after the right of way on or over said street or streets shall be obtained, and the consent or agreement of the General Council pro- cured, and the same shall be completed at the rate of two miles per year, and within three years from the commence- ment thereof. Nothing in this act is to be construed so as to limit or affect the rights and powers of The City of Louisville now vested in said City, or the General Council thereof; and is not to affect the legal rights of other com- panies, or the right and power of The City to agree or contract with other persons or companies to build street railroads in said City. 45, The charter of the Louisville City Railway Com- pany is so amended as to allow said Company to charge on their routes within the City limits whatever rate of fare as may be allowed by the General Council of said City. 46. Said Company are hereby authorized to issue the bonds of said Company, signed by the president and coun- tersigned by the secretary of said Company, with semi-. annual coupons, having not over thirty years to run from their date, bearing interest at a rate of not exceeding ten per cent. per annum. And to secure the payment of said bonds and coupons the president of said Company is hereby authorized to execute a mortgage on all of the property, tracks, franchises, stock, and other things and RAILWAYS (STREET). rights now owned by said Company, and on such fran- chises, rights, stock, tracks, and other property hereafter acquired or owned by them. 47. Whereas the said Louisville City Railway Com- pany is now operating lines of railroad in The City of Louisville and County of Jefferson for the accommoda- tion of passenger travel only; therefore, for the further convenince of the public, the said Company is hereby au- thorized and empowered to carry freight and parcels by horse-power over its lines and charge a reasonable com- pensation therefor: Provided, however, that should the said City Council hereafter desire to regulate the rates and character of freight and the running of cars therefor over the said road, they may do so; but the said Com- pany shall not be compelled to carry freight. 48. The Louisville City Railway Company shall have the right to build, construct, and operate a line or lines of single- or double-track street railway upon such street or streets in Louisville as shall be by the General Council of said City, by resolution or otherwise, authorized and consented to. 49. The Louisville City Railway Company is hereby authorized to make and sell its negotiable bonds, to an amount not to exceed one million dollars, bearing a rate of interest not to exceed six per centwm per annum, payable semi-annually, and which bonds may be made payable at any time not exceeding thirty years after date, and may provide for the exchange of any such bonds for any of the bonds or notes of said Company which may be outstanding. The said Company is-authorized to attach coupons for the-interest thereon to any of such bonds, or, at the request of the holder of any such bonds, may cause the same to be registered in his name upon the books of the Company, in which case the bonds so registered shall be transferable only upon the books of the Company by such holder in person or by attorney, and the said Com- pany may make regulations providing for such transfers, and also for a change of any of the said bonds, at the 599 An act to amend the charter of the Louisville City Railway Com- Den yin sep proved April 15, 1882. Al aee Ko amend the charter of the Louisville City Railway Com- Pan yoy A p= proved Apr. 26, 1884. o An act ‘to amend the charter of the Louisville City Railway Com- pany. Ap- proved May 12, 1884. Sec. 1. 600 RAILWAYS (STREET). Id., Section 2. An ordi- nance for the benefit of the Louisville City Railway Co. Approved Sept. 11,1872. Decal, Id., Section 2. request of the holder, from coupon into registered bonds, or from registered into coupon bonds, and when any bond shall be registered it shall be so stated in an indorsement on such bond. 90. The said Company is authorized to secure the pay- ment of the bonds aforesaid, with the interest thereon, by a mortgage or deed of trust upon any or all of its pro- perty, rights and franchises, and may provide therein that the bonds so secured shall be certified by the trustee in the deed of trust or mortgage to be the bonds secured thereby, and that the holder of any such bonds may by agreement with the Company convert the same into bonds of smaller denominations: Provided, that this act shall not authorize said Company to include in said mortgage the following lines—the right to build which is claimed by and now in litigation between the Central Passenger Railway Company and the said Louisville City Railway Company—namely: The intersection of Nineteenth and Walnut streets, along Nineteenth Street to Bank Street ; thence along Bank Street to Thirty-third Street, to High Avenue ; thence along High Avenue to Thirty-fifth Street; thence along Thirty-fifth Street to Water Street (or Port- land Wharf); thence along Water Street (or Portland Wharf) to a point near the Ferry landing. And it shall be so expressed on the face of the mortgage. d1. The right of way, so far as the General Council has the power to grant the same, is hereby granted to the Louisville City Railway Company to lay down a single- track railway, with turn-outs in Brook Street, from Jef- ferson to Main Street, with curves connecting the Brook- Street track with the Main- and Jefferson-Street tracks. 52. The said Louisville City Railway Company shall put that part of the street between its rails and for two feet on each side in perfect repair; shall pay all back license and such sums as were expended by The City in repairing the street on its account, as shown on the books of the City Engineer, during the years 1869, 1870, 1871, and 1872; the above sums to be paid in money or by the notes of the Com- RAILWAYS (STREET). pany, with security to be approved by the Mayor and General Council, payable in six, twelve, eighteen, twenty- four, and thirty months after date, with ten per cent. interest from date, negotiable and payable in bank. 53. The said Louisville City Railway Company shall number and register with the License Inspector every car operated by them, and shall henceforth pay to the City Treasurer in advance, as a license for each car to be by it run during the year, fifty dollars. 54, The said Louisville City Railway Company shall, within three years, and sooner if required, take up their crescent rails on its routes in The City and lay down in- stead the tram-rail, and shall at any time, upon two days’ written notice from the Mayor, remove its tracks, efc., from any part of any street, at its own cost, when the same may be improved in any way, either by reconstruc- tion, sewering, or otherwise; and when new streets are made or reconstructed they shall lay down the tram-rail at such time. 099. The said Louisville City Railway Company shall run a line of cars from the Louisville and Nashville Rail- road depot to Main Street at Brook Street, running v/a Broadway, Sixth, Jefferson, Brook, and Main streets, to the corner of Sixth and Main streets, then v7a@ Sixth Street and Broadway to the Louisville and Nashville Railroad depot, or such points as The City may direct, and but one fare shall be charged on the above route. 96. The said Louisville City Railway Company shall lay down necessary curves at the corner of Fourth and Jefferson streets west of Fourth Street, conneeting Fourth Street with Jefferson Street, and shall also lay down curves at Fourth and Main streets, and operate the same in connection with Main Street to Brook Street. The said Railway Company shall have the right to connect the tracks of the Louisville City Railway Company with the tracks of the Citizens’ Passenger Railway at any point they may intersect. 601 Id., Section 38. Td., Section 4. Id., Section 5. Ia Section 6. 602 Id., Section 7. Id., Section 8. RAILWAYS (STREET). 97. Before the said Louisville City Railway Company shall have the right to do anything herein provided, and before said Company shall be in anywise released or relieved from any of its undertakings in its contracts heretofore made with The City of Louisville, the said Louisville City Railway Company shall dismiss all suits now pending in its name against The City of Louisville, and pay all the cost attending such litigation. 58. Upon the payment by said Railway Company of said back license, and upon the payment of such sums expended by The City in repairing the streets on its account, as charged on the books of the City Engineer, Id., Section 9. Id., Section 10. Id., Section 11. during the years 1869, 1870, 1871, and 1872, or the execu. tion of notes for said sums as provided for in this ordi- nance, and upon the dismissal of such actions, and upon the streets between the rails of said Company’s tracks and for two feet each side being put in perfect repair, as here- inbefore provided for, the said Louisville City Railway Company shall thereafter be released from its contract to keep said streets in repair, and said repairs thereafter shall be done by The City. The certificate of the Mayor, City Engineer, and City Attorney, that the foregoing provisions in this Section have been complied with shall be held as conclusive evidence of such compliance and release. 59. All changes of track, laying of curves, and work required to be done by this ordinance by said Railway Company, shall be done under the supervision of the City Engineer. 60. This ordinance is in continuation and modification | of the contracts heretofore made between The City of Louisville and the Louisville City Railway Company. 61. The said Louisville City Railway Company shall, within one month from the approval of this ordinance, notify the Mayor of its acceptance of the provisions of said ordinance, or the same shall be inoperative ; and the said Railway Company shall, within one month after the RAILWAYS (STREET). 603 passage of this ordinance, enter into a contract with The City to carry out the provisions of the ordinance, or the same shall be null and void. The above curves and work ordered and agreed to be done shall be done within three months from the approval of this ordinance. 62. The Louisville City Railway Company having pro- duced herewith a petition in writing, giving the written consent of a majority of the owners of property fronting and binding on the route named in the title of this ordi- dance, and the intention of making the grant and inviting proposals therefor having been duly published according the charter, permission is hereby granted to said Louis- ville City Railway Company, so far as The City has the right to grant the same, to lay down and operate a single- track railway from Main Street, through Fifteenth Street, to Rowan Street, connecting at Main Street and Rowan Street with single curves, and from Rowan Street to Port- land Avenue. 63. The extension of the railway track herein allowed shall all be made under the supervision of the City Engi- neer, and subject to removal or obstruction during con- struction, reconstruction, or repairs of streets and other improvements, and to be replaced at the cost of said Rail- way Company, without claim for damages for such obstruc- tion or removal—said tracks to conform to the grades of the streets. 64. The terms of this ordinance and its duration are to be the same as those defined and set out in the contract between The City of Louisville and the Louisville City Railway Company, of date, twenty-eighth of March, 1864, as fully as if this ordinance were a part of said contract. 65. The Louisville City Railway Company having pro- duced herewith a petition, in writing, giving the written consent of a majority of the owners of property fronting and binding on the extension named in the title of this ordinance, and the intention of making this grant and inviting proposals therefor having been duly published An ordi- nance granting permission to the Louisville City R’w’y Co. tolay downand operate a sin- gle-track rail - way with nec- essary curves through Fif- teenth St. from Main Street to Rowan Street and thence to Portland Ave. ANY por 0, ved Nov. 16, 1872. sec. 1. Id., Section 2. Id., Section 3. An ordi- nance granting permission to the Louisville City Railway Co. to extend the line of rail- way on KHigh- teenth Street, from Kentucky Street to Du- mesnil Street. Approv’d Noy. 4,1874. Sec- tion 1. 604 RAILWAYS (STREET). Id., Section 2. Id., Section 8. Id., Section 4. Id., Section 5. An ordi- nance granting permission to according to the City charter, permission is hereby granted to the said Louisville City Railway Company, so far as The City has the right to grant the same, to extend and operate the track, with necessary turn-outs, through and along Kighteenth Street to Dumesnil Street. 66, The extension of the railway track herein allowed shall be made with the Dean and Coleman tram-rail, and under the supervision of the City Engineer, and subject to removal or obstruction during the construction, recon- struction, or repairs of streets, building of sewers, and lay- ing of gas- and water- pipes, and to be replaced at the cost of said Railway Company without claim for damages for obstruction or removal, and tracks to conform to the grade of the street. 67. The terms of this ordinance and its duration are to be the same as those defined and set out in the contract between The City of Louisville and the Louisville City Railway Company, of date, ninth of March, 1874, as fully as if this ordinance were a part of said contract. 638. This ordinance and grant shall not take effect, but shall be null and void, unless said Railway Company shall, within two months from the approval hereof, exe- cute and deliver to The City of Louisville a covenant, with good security, to be approved by the General Coun- cil, conditioned for the full and faithful performance of the contract, and securing to The City of Louisville the prompt payment of fifty dollars per car per annum as a license for all cars operated over the extension herein granted. 3 69. The said Louisville City Railway Company shall commence work on the said extension within sixty days of the approval of this ordinance, and complete the same within one year from that date, and shall charge only one fare over said extension to the central portion of The City not below Sixth Street. | 70. The Louisville City Railway Company, having pro- cured herewith a petition in writing, giving the written RAILWAYS (STREET). * 605 consent of a majority of the owners of property fronting and binding on the route named in the title of this ordi- nance, and in accordance with the charter of The City of Louisville, permission is hereby granted to said Louisville City Railway Company, so far as The City has the right to grant the same, to extend the tracks on Main Street from Fifteenth to Seventeenth Street, and tolay down and operate a single-track railway from Main Street through and along Sixteenth Street to Bank Street, and a single- track railway, with the necessary turn-outs, on Seven- teenth Street, from Portland Avenue to Main Street, and to connect the track on Main Street with the track on Six- teenth Street, and to connect the,track on Seventeenth Street with the tracks on Main Street and Portland Ave- nue, and to connect the track on Sixteenth Street with the tracks on Seventeenth Street v7a@ Bank Street. 71, The extension of the railway track herein allowed, and the tracks to be laid,shall be with the Dean & Cole- man tram-rail, and under the supervision of the City Engineer, and subject to removal or obstruction during the construction or reconstruction of streets, and to be replaced at the cost of said Railway Company, without claim for damages for such obstruction or removal, said tracks to conform to the grades of the street. 72. The right to make the extension on Main Street, and to connect the tracks on Main Street with the tracks on Portland Avenue v7a Sixteenth and Seventeenth streets, and all things contained in this ordinance are upon this express condition, however—to wit: That the said Louis- ville City Railway Company shall, within thirty days after constructing said railways on Main, Sixteenth, and Seventeenth streets, and connecting the one with the other by the necessary curves, take up its rails and discontinue forever the right to use or operate a track or tracks on Portland Avenue from Seventeenth to Rowan Street. 73. The terms of this ordinance and its duration are to be the same as those defined and set out in the contract between The City of: Louisville and the Louisville City the Louisville City Railway Company to extend the tracks on Main Street, from Fifteenth to Seventeenth Street, and to lay down and operate a sin- gle-track rail- way on be Bp. ae teenth Street, fron Main St. to) Bank St. and a single- track railway, with the neces- sary turn-outs, on Seventeenth St., from Port- land Avenue to Main Street, and to connect the one with the other. Ap- proved Nov. 14, 1876. Sec- Dota. Id., Section 2. Id., Section 38. Id., Section 4. 606 ® RAILWAYS (STREET). Id., Section 5. An ordinance in relation to the Louisville ' City Railway Company. Approved Oct. 28, 1878. Sec- tion 1. Id., Section 2. An ordinance to extend street railway tracks. Approved Nov. 28, 1881. Sec. 1. Id., Section 2. Id., Section 3. Railway Company, of date, March 9, 1864, as fully as if this ordinance were a part of said contract. 74. The said Louisville City Railway Company shall, within thirty days from the approval of this ordinance, notify the Mayor of its acceptance of the provisions of said ordinance, or the same shall be inoperative. 75. The said City hereby waives and postpones its right to purchase the property now owned by the City Railway Company for the term of fifteen years after the right to make the purchase shall accrue under existing contracts ; but the said City shall have the same right to make the purchase after the expiration of said fifteen years, as set out in said contracts. * 76. Unless the said Louisville City Railway Company extend its tracks on Market Street from Twentieth Street to Twenty-fifth Street, and operate the same within six months from the approval of this ordinance, all of the pro- visions of said ordinance shall be null and void—the tracks to be double tracks, and to be operated in the same way, as to motive-power, frequency of trips, etc., as said road is operated east of Twentieth Street. s 77. The Louisville City Railway Company are hereby permitted to extend their double tracks through and along Second Street, from Breckinridge to Oak Street, and through and along First Street, from Market Street to Jef- ferson Street, and through and along Twelfth Street, from Broadway to Oak Street; and they are also permitted to re-lay their tracks on First Street, from the south side of Main Street to Water Street, and on Jefferson Street, from Second Street to First Street. 78. The terms of this ordinance and its duration are to be the same as those defined and set out in the contract between The City of Louisville and the Louisville City Railway Company, of date March 9, 1864, as fully as if this ordinance was a part of the same. 79. The tracks to be laid, and the work to be done, shall be under the supervision of the City Engineer. RAILWAYS (STREET). 607 80. The extension of the tracks provided for in the first Zd., Section 4. Section of this ordinance shall be completed within eigh- teen months from the approval of the same. The said Louisville City Railway Company shall, within thirty days from the approval of this ordinance, notify the Mayor of its acceptance of the same, or the provisions of this ordi- nance shall be inoperative. 81. The Louisville City Railway Company are hereby An ordinance permitted to lay down and operate a double-track rail- Hay an lar ' ie road through and along Second Street, from the extension Bee ave of the tracks on Second Street to Oak Street, provided Approv’d July for in ‘‘An ordinance to extend street-railway tracks, ae eee oe approved twenty-third day of November, 1881.’’ The tracks provided for in this ordinance are to be laid through and along Second Street to Shipp Avenue, and through and along Shipp Avenue to First Street, thence through and along First Street to H Street, thence through the House-of-Refuge grounds, in a southwesterly direc- tion, to the point where the Louisville and Nashville Railroad tracks are crossed by the drive or roadway through said grounds. 82. The Louisville City Railway Company shall com- Id, Section 2. mence the work of laying said tracks herein provided for within one year from the approval of this ordinance, and complete the same within eighteen months from said ap- proval. 83. The said Railway Company shall run cars over the 1., Section 3. above extension to Shipp Avenue as often as once an hour from 7 o’clock A. M. to 6 o’clock P. m., and they will be _ allowed to charge one fare of five cents from each passen- ger over said line to Shipp Avenue, and ten cents fare from Shipp Avenue to the terminus of said railroad near the Louisville Jockey-Club or Fair-Association grounds. 84, The extension of the tracks over the paved part of Jd, Section 4. Second Street shall be made with the Johnson pattern of tram-rail, and the unpaved part may be made with T pat- tern of rail, to be taken up and relaid with the Johnson 608 RAILWAYS (STREET). Id., Section 5. Id., Section 6. Id., Section 7. Id., Section 8. Id., Section 9. Id., Section 10. An ordinance concerning the Louisville City Railway Com- tram-rail when the street is improved. The work shall be done under the supervision of the City Engineer. 85. The terms of this ordinance and its duration are to be the same as those defined and set out in the contract between The City of Louisville and the Louisville City Railway Company, of date March 9, 1864, and as amended November 24, 1873, and October 23, 1878. 86. This ordinance and grant shall not take effect, but shall be null and void unless the said Railway Company shall notify the Mayor of The City of its acceptance of the same within sixty days of its approval. 87. At each entrance of the said House-of-Refuge grounds, by the said tracks herein. provided, the said Ree Company shall provide a gate, to be closed after the passage of each car to and fro. 88. In the event the said House-of-Refuge grounds are sold, then the said Railway Company shall remove the said tracks at their own expense; but in the event that Second Street is opened through said grounds, then the said Railway Company will be allowed to lay their tracks through said Second Street, extended from Shipp Avenue. 89. The said Railway Company shall enter into a con- tract with the managers of the House of Refuge -to hold harmless and protect this institution from all loss or dam- age caused by laying and operating said tracks. 90. In renewing said tracks, the said Louisville City Railway Company shall do so with new material, and whenever the streets are broken the same shall be repaired with new material when necessary, in the opinion of the City Engineer; and for failure to keep and perform each provision of this ordinance the said tracks shall be re- moved, and every right herein granted shall be surren- dered to The City of Louisville. 91. The matters of dispute herein referred to, now ex- isting between The City of Louisville on the one side and the Louisville City Railway Company and Citizens’ Pas- RAILWAYS (STREET), senger Railway Company on the other, are referred to the Mayor and City Attorney for settlement and adjustment, with directions to settle the same upon the basis herein- after set out: First—Said Railway Companies shall, within ninety days from the approval of this ordinance, put all that part of the streets of said City, except bowldered streets, between their rails and for two feet on each side thereof, in repair to the satisfaction of the City Engineer. Second—Said Railway Companies shall be required to ac- count and settle with The City for all sums due for both licenses at the rate of twenty-five dollars per year for each car operated by them, and pay the same in cash within three months from the passage of this ordinance. Third—' When the preceding requirements are complied with by said Railway Companies, then said Railway Companies are released from all obligations to repair the streets be- tween their rails and for two feet on each side thereof, and also are released from the payment of all sums of money now claimed to be due on account of such failures to re- pair streets. 92. Said Railway Companies or assigns shall hereafter number and register with the City License Inspector all cars operated by them, and shall hereafter pay into the City treasury a license at the rate of fifty dollars per anna, payable on the tenth day of each month, for the average number of cars operated during the preceding month. 93. The right of way heretofore granted, so far as the Council has the power to grant the same, to the Louisville City Railway Company to lay down a single-track railway, with turn-outs, in Brook Street from Jefferson to Main Street, with curves connecting the Brook-Street track with the Main-and Jefferson-Street tracks, is hereby confirmed. 94. Said City Railway Company shall maintain the nec- essary curves at the corner of Fourth and Jefferson streets, west of Fourth Street, connecting Fourth Street with Jef- ferson Street, and shall also lay down and maintain curves at Fourth and Main streets, and operate the same in con- 39 609 pany and Citi- zens’ Pass en- ger Railway Company. Ap- proved Nov. 24, 1878. Sec- tion 1. Tite Section ye Id., Section 8. Id., Section 4. 610 RAILWAYS (STREET). nection with Main Street to Brook Street; and said Rail- way Companies may connect the tracks of one with those of the other at any point where they intersect, with proper curves, to be laid under the supervision of the City En- gineer. Id., Section 5., 95, This ordinance is a continuance and modification of the contracts heretofore existing between said City and said Railway Companies. And said Railway Companies shall not have the benefits of the first Section hereof un- less they, within three months after the passage of this ordinance, pay the sums due for back licenses, and within ninety days after the passage of this ordinance make or cause to be made the street repairs therein required; nor shall they have any of the rights conferred in the other Sections of this ordinance unless they or their assigns shall, within one month from the passage of this ordinance, execute bond with good security, to be approved by the Mayor, conditioned for the faithful performance of all things required of them, or either of them, as set out in said last-named Sections of this ordinance. Id., Section 6. 96. Said Railway Companies shall charge but one fare for each passenger between Portland and Brook Street, and but one fare on Preston and East Main Street. Anordinance 97, The right, so far as said City has the power to grant Ee ae ee the same, is hereby granted to the Citizens’ Passenger ner adie Railway Company to extend its tracks on Main Street, Railway Com- from Thirteenth to Fifteenth Street, and through and prone ye P2 along Fifteenth Street to Portland Avenue, with the pede See- necessary curves connecting the track on Main Street and Rowan Street and Portland Avenue with the track on Fifteenth Street, upon this express condition, however, to-wit: that the said Citizens’ Passenger Railway Com- pany shall, within ninety days after constructing said railways on Main and Fifteenth streets, take up its tracks, rails, efc., and discontinue forever the use or right to use or operate a track or tracks on Thirteenth Street, from Main to Rowan Street, and on Rowan Street, from Thir- teenth to Fifteenth Street. a oo a a a? ae —" RAILWAYS (STREET). 98. The Louisville City Railway Company is hereby eranted, so far as The City has the power to grant the same, the right to use and operate the said tracks of the Citizens’ Passenger Railway Company on Main Street, from Twelfth to Fifteenth Street, and on Fifteenth Street, from Main Street to Portland Avenue; upon these express conditions, however—to wit: that the said Louisville City Railway Company shall, within ninety days after the com- pletion of said tracks on said Main and Fifteenth streets, take up its track, rails, e¢c., and discontinue forever the right to use or operate a track or tracks on Portland Ave- nue, from Fifteenth Street to the east side of Thirteenth Street. It is further provided that the said Louisville City Railway Company pay or tender annually in ad- vance, for the privilege of using said tracks on Main Street (from Twelfth to Fifteenth) and Fifteenth Street (from Main to Portland Avenue), to the Citizens’ Passen- ger Railway Company, six per cent. of the cost of said tracks on Main and Fifteenth streets. And it is further provided that the said Louisville City Railway Company shall pay or tender to pay said Citizens’ Passenger Rail- way Company one half the reasonable expenses which the last-named Company may incur in keeping in repair or re- moving or rebuilding said tracks on Main Street (from Twelfth to Fifteenth) or Fifteenth Street (from Main Street to Portland Avenue), or any part thereof, within ten days after notice that said expenses have been incurred. 99. Should the said Citizens’ Passenger Railway Com- pany fail to put in repair any part or parts of said tracks on Main or Fifteenth Street within three days after notice by the said Louisville City Railway Company that said repairs are needed, then the Louisville City Railway Com- pany may make or cause to be made such repairs, and deduct one half the eost of the same from the first annual payment due to said Citizens’ Passenger Railway Com- pany, with interest at the rate of ten per cent. per annwm from the date of said expenditures. 100. If and so longas the said Louisville City, Railway 611 Id., Section 2. Id., Seetion 3. Id., Section 4. 612 Id., Section 5. RAILWAYS (STREET). Company accept and comply with the conditions men- tioned in the second Section of this ordinance, the said Citizens’ Passenger Railway Company shall give to the said Louisville City Railway Company as full and free use as it may itself enjoy of its tracks on Main Street, from Twelfth Street to Fifteenth Street, and on Fifteenth Street, from Main Street to Portland Avenue, for the purpose of operating its present railways. When the interests of the Louisville City Railway Company demand the extension of the railway westwardly on Main Street, from Fifteenth Street to the City limits, the Citizens’ Passenger Railway Company shall build such extension, and grant to the Louisville City Railway Company the same right to run their cars over the same, and subject to the same condi- tions as provided for in the extension on Main and Fif- teenth streets ; and should the said Citizens’ Passenger Railway Company fail to build said extension on Main Street westwardly from Fifteenth Street to the City limits, upon request or notice from the Louisville City Railway Company so to do, then the said Louisville City Railway Company, after having given said Citizens’ Passenger Rail- way Company six months’ notice of their intention so to do, may have and are hereby given, so far as The City has the power to grant the same, the right to make such ex- tension, and give the Citizens’ Passenger Railway Com- pany the right to run it upon like terms with those speci- fied herein in regard to the use by the City Railway Com- pany of the tracks of the Citizens’ Passenger Railway Com- pany on Main and Fifteenth streets. 101. The extensions of the railway tracks herein allowed shall all be made under the supervision of the City Engi- neer, and subject to removal at any time on two days’ notice from the Mayor, whenever the General Council shall order or require the improvement of any of the public ways, by original construction or reconstruction, or for the purpose of laying gas- or water-pipes, sewers, efc.—the removal to be by the said Citizens’ Passenger Railway Company at its own cost. RAILWAYS (STREET). 102. The terms of this ordinance and its duration are to be the same as those defined and set out in the contract between The City of Louisville and the Citizens’ Passen- ger Railway Company, of date, December 80, 1865, as fully as if this ordinance were a part of said contract. 103. The act approved January 22, 1866, entitled ‘“‘An act to incorporate the Citizens’ Passenger Railway Com- pany of Louisville,’’ is so amended as to allow, authorize, and empower said Company to sell, dispose of, and con- vey all and singular its franchises, rights, privileges, and property of every nature and kind, both real and per- sonal; and the sale, transfer, and conveyance made by the said Citizens’ Passenger Railway Company of Louis- ville to the Louisville City Railway Company on the first day of June, 1872, is hereby confirmed. 104. J. L. Danforth, G. H. Cochran, R. H. Woolfolk, H. A. Dumesnil, John M. Robinson, M. M. Green, and J. M. Armstrong, and their successors, are hereby created a body corporate and politic by the name of the ‘‘ Central Passenger Railway Company,” for and during the term of thirty years, with all the powers and authority inci- dent to corporations, for purposes hereinafter mentioned. 105. This corporation is hereby authorized and empow- ered to construct, maintain, and operate a single- or double-track railroad, with all necessary and convenient tracks for turn-outs, side-tracks, and appendages, in The City of Louisville, commencing at the intersection of Water and Second streets, and running south over and along Second Street to Main Street, thence west on Main to Fourth Street, thence south over and along Fourth Street to Oak Street, and over and along Seventh Street, from Main Street to the southern limits of The City ; also on Walnut Street, from the eastern to the western limits of The City, with such further extensions on the same or other streets in The City of Louisville as the General Council of said City may authorize said corporation so to do, in such manner and upon such terms and conditions, and with such rights and privileges as the General Coun- 613 Id., Section 6, An act to amend the charter of the Citizens’ Pas- senger Railway Company of Louisville. Approv’d Mar. 3, 18738. An act to incorporate the Central Pas- senger Railway Company of Louisville. Approved Dec. 20, 1865. Sec- tion 1. Id., Section 2. 614 Id., Section 3. Id., Section 4. Id., Section 5. RAILWAYS (STREET). cil may by contract or otherwise with said corporation or any of them prescribe. 106. The capital stock of the Central Passenger Rail- road Company shall be fifty thousand dollars, and may be increased from time to time, at the pleasure of said corporation, It shall be divided into shares of one hun- dred dollars each, and be issued and transferred in such manner and upon such conditions as the board of directors of said corporation may direct. 107. The affairs of said corporation shall be managed. by five directors, one of whdm shall be president, all of whom shall be stockholders. | The first board of directors shall consist of J...L5 Danforth, Gad. Cochran ahi. Woolfolk, H. A. Dumesnil, and J. M. Armstrong, who shall continue in office until their successors are elected by a majority of those in interest of the stockholders of said corporation: and the board of directors chosen by the stuckholders shall continue in office for one year, or. until their successors are elected and qualified. If any of the above directors decline or refuse to act, a majority of the others shall fill the vacancy by appointing or choos- ing some one else; they may adopt such by-laws, rules, and regulations for the government of the said corpora- tion and the management of its affairs and business as they may deem proper, not inconsistent with the laws of the State; the said corporation, or any of them, may open books of subscription and receive subscription to the capi- tal ‘stock of the Central Passenger Railway Company, herein incorporated ; and such books of subscription may be opened and subscriptions received at such times and places, and upon such notices thereof, as any three of said corporation may deem right and proper. 108. When the number of two hundred and fifty shares of the capital stock of said corporation shall have been subscribed, and twenty per cent. of said subscriptions paid in, the corporators, or any of them, shall give notice of the time at which an election shall be held for a new board RAILWAYS (STREET). 615 of directors, who shall continue in office as provided here- in. The board of directors may fill all vacancies in their body which may happen by death, resignation, or other- wise, and may make such calls of payment of stock as they may deem proper, not to exceed twenty per cent., for every thirty days. 109. The said corporation is further authorized to ex- 17., Section 6. tend such railways as they may be authorized to construct under this act to any point or points, not exceeding five miles from the limits of The City of Louisville, and to en- able said corporation to construct any railway authorized by this act, the said corporation is invested with the right to acquire such land or right of way, by writ of ad quod damnum, in the same manner that turnpike-road compa- nies are authorized by Chapter 103 of the Revised Statutes of Kentucky, as may be necessary for the laying the tracks, side-tracks, turn-outs, for car-sheds and stables. The said corporation is authorized and empowered to ac- quire and hold and convey real estate, exclusive of the tracks and rights of way, not to exceed twenty-five thou- sand dollars. The said corporation may borrow money, not to exceed the capital stock of the Company, and issue bonds in sums of one hundred, five hundred, and one thousand dollars, and may pledge and mortgage the pro- perty of the corporation, including the railway tracks, fixtures, rolling-stock, and all the appurtenances and real estate belonging to said corporation. 110. The cars to be used upon said railroad shall be ope- 17., section 7. rated with animal-power. The rate of speed, frequency of the trips, and price of fare shall be regulated by the General Council of Louisville. The privileges granted under this charter shall cease and be void upon a failure of said corporation to organize and commence the work within one year next after the passage of this act; and provided, that the Central Passenger Railroad Company, hereby incorporated, shall assume to perform and severally the stipulations, and become responsible for all the obli- gations embraced in a contract by and between The City 616 RAILWAYS (STREET). Ani aes tO amend an act entitled An act to incorporate the Central Passenger Rail- way Company of The City of Louisville. Ap- proved March PANE RoW Wes) 268 ol be Id., Section 2. Id., Section 3. An act to amend an act entitled An act to incorporate the Central Passenger Rail- road Company of The City of Louis ville: Approved Mar. 13, 1876. Sec. 1. Id., Section 2. of Louisville and H. A. Dumesnil and his associates, for the construction of a street-passenger railroad on Fourth Street in said City, and this corporation is hereby author- ized to assume the liabilities incurred by the said Dumes- nil and his associates. This act to take effect from its passage. 111. The Central Passenger Railroad Company of Louis- ville is hereby empowered to acquire, to hold and convey real estate, exclusive of tracks and rights of way, not to exceed in cost one hundred thousand dollars. 112. It shall be lawful for said corporation to lease, in whole or in part, its road, property, and franchises, with the consent of the General Council, to any person or per- sons, corporation or corporations, and may, by lease or other contract, acquire the right to use the road or roads, property and franchises of any similar corporation in The City of Louisville or County of Jefferson. 113. It shall be lawful for The City of Louisville, a ma- jority of the General Council concurring therein, and the Central Passenger Railroad Company of Louisville, to change, alter, or amend any contract or agreement here- tofore made in relation to the motive-power to be used in propelling the cars upon its tracks and in relation to opening or keeping streets in repair, and the motive- power used under the contract thus changed or amended may also be used by said corporation on any road ac- quired by lease or otherwise beyond the limits of The City of Louisville. 114. The Central Passenger Railroad Company is hereby empowered to subscribe to the capital stock of any com- pany whose object is such that it will draw travel on their lines—as skating-rinks, base-ball, gardens of various kinds, efc.; also of any building association which shall have for its object the owning of real estate and building houses within the limits of Jefferson County, Kentucky. 115. Subscriptions shall be made by the president on authority of a resolution of the stockholders, approved by the board of directors. RAILWAYS (STREET). 617 116. The amount invested in said companies or associa- tions shall not exceed at any one time thirty thousand dollars. 117. It shall be lawful for said Railroad Company to lease or sell, in whole or in part, its property and fran- chises to any person or persons, corporation or corpora- tions, and by purchase or lease, or other contract, acquire the right to hold and use the road or roads, the property and franchises of any similar corporation in The City of Louisville or County of Jefferson. 118. Whereas the Central Passenger Railroad Company has built and operates lines of railroads in the County of Jefferson and City of Louisville, which are now being ope- rated for the accommodation of passenger travel only; therefore, for the further convenience of the public, the Central Passenger Railroad Company is hereby authorized and empowered to carry freight and parcels, by horse- power, over its different lines, and charge a reasonable © compensation for same: Provided, that hereafter, should the City Council of Louisville desire to regulate the rate and character of freight and running of the cars over said road, it may do so: And provided, said road shall not be compelled to carry freight. 119. The Central Passenger Railroad Company shall have the right to build, construct and operate a line or lines of single- or double-track street railway upon such street or streets in Louisville as shall be by the General Council of said City, by resolution or otherwise, autho- rized and consented to. 120. The right is hereby granted the Central Passenger . Railroad Company to operate its cars of all kinds by the cable system or electricity, or such other power as may be approved by the General Council of The City of Louis- ville. 121. The Central Passenger Railroad Company shall have the right to extend, construct, and operate street railroads as follows—to wit: On Walnut Street, from Id., Section 3. Id., Section 4. ATL aC tai amend an act entitled an act to incorporate the Central Passenger Rail- road Company. Approved April 22, 1882. An act to amend the charter of the Central Pas- senger Rail- road Company approved Dec. 20, 1865. Ap- proved May 3, 1884. Sec. 1. AUN SAH. 0 TO amend the charter of the Central Pas- senger Rail- road Company. Approved May 12, 1884. An ordinance in regard to the Central Passenger Rail- 618 road Company, granting ex- tension and modifying the existing con- tract between the said roa and The City of Louisville. Approved Mar. 22. .18717 Sec. 1. RAILWAYS (STREET). Kighteenth Street to the City limits; from the junction of Garden and Green streets along the Bardstown Pike or Baxter Avenue eastward to the said limits, provided said extension does not conflict with any rights or fran- chises granted by The City or State legislature to any other company ; on Fourth Street, from Oak Street to Ormsby Avenue, thence on said Avenue to Seventh Street, thence on Seventh Street to the City limits (as far as The City may now or hereafter own the street)—all the aforesaid extensions to be laid with a single track, with necessary turn-outs and with the tram-rail: Provided, that said Company shall first agree in writing to accept said privi- leges, and to build, equip, and use the said extensions on the terms, in the manner, and subjeet to all the conditions, provisions, and limitations embraced in their already ex- isting contract with The City for the Fourth- and Walnut- Street roads, and as though the privileges hereby granted were embraced in and formed a part of the aforesaid ex- isting contract, except that the Company shall be and is hereby relieved from so much of said original contract as provides that the Company shall bowlder and pave and keep in repair the streets and water-ways along their said railroad tracks, and that part of said original contract is hereby repealed and canceled altogether, both as to the original roads and these extensions: Provided further, that the said Company shall, by contract in writing with The City of Louisville, bind itself to construct the said extensions and begin the construction of the same at once, and operate them within two years to the following ex- tent—to wit: On Walnut Street, from Eighteenth to Twentieth streets ; on Fourth Street, from Oak Street to Ormsby Avenue, and on said avenue to Seventh Street ; on the Bardstown Pike or Baxter Avenue, from the junction of Green and Garden streets to the City limits: Provided further, that said company shall first execute bond to The City, with sureties to be approved by the General Coun- cil, binding said Company and sureties to indemnify and hold the said City harmless from all costs and damages or RAILWAYS (STREET). liabilities to which she may be subjected, by suit or other- wise, if it should be that The City had no right to confer the privileges hereby intended on account of any contract to which she may be a party, or for any other cause: Pro- vided further, that all these said extensions are to be laid and made under the supervision and direction of the City Engineer: Provided further, that if said track, in the judgment of said Engineer, can not properly cross Bear- grass bridge, then said Company binds itself and agrees to lay said track on a trestle alongside of said bridge. 122. Said Company shall bind itself and agree to pay into the City treasury the sum of fifty dollars for each car operated over its roads on or before the first of May of each year; and when said sum is so paid, then, and not till then, shall the release from repairs aforesaid be valid and binding on said City, and that said release shall be and continue for the period of their lease or contract yet un- expired. 123. Said City reserves the right to repeal this ordinance whenever it is not complied with by said Company. 124. Unless the privileges of. this ordinance are, within thirty days from its passage, accepted by said Company in writing, to be filed with the Mayor of said City, this ordinance to be null and void, 125. A new contract between the parties herein men- tioned be drawn in accordance herewith, subject to con- firmation by the General Council. 126. Provided, however, that should any of the streets be ordered by the General Council to be improved by be- ing graded and paved, then and in that case the said Rail- way Company shall lay down their railway tracks, etc., be- fore the pavement is laid down, and shall run their cars regularly from and within sixty days from the date of which said street improvements shall have been received by the General Council. 127. All ordinances or parts of ordinances in conflict 619 Id., Section 2 Id., Section 3. Id., Section 4. Id., Section 5. ’ Id., Section 6. Id., Section 7. 620 An ordinance in regard to the Central Passenger Rail- road Co., grant- ing the exten- sion of its Fourth-Str eet line. Approy- ed -A pril 10, 1872, Sec. 1. Id., Section 2. Id., Section 3. Id., Section 4. RAILWAYS (STREET). herewith are hereby repealed. This ordinance to be in force from and after its passage. 128. The Central Passenger Railroad Company shall have the right to extend its railway along Fourth Street as follows: From the intersection of Fourth Street and Ormsby Avenue southward and along Fourth Street to Magnolia Avenue, thence westwardly on Magnolia Ave- nue to Seventh Street: Provided, that said Company shall first agree In writing to accept said privileges and to build, equip, and use the said extensions on the terms, in the manner, and subject to all the conditions, provisions, and limitations embraced in their already-existing contract with The City of Louisville for the Fourth- and Walnut- Street Roads, and as though the privileges hereby granted were embraced in and formed a part of the aforesaid ex- isting contract: Provided further, that said extension is to be laid and made under the supervision and direction of the City Engineer. 129. Unless the privileges of this ordinance are, within thirty days from its passage, accepted by said Company in writing, to be filed with the Mayor of said City, this ordinance to be null and void. 180. Said City reserves the right to repeal this ordi- nance whenever it is not complied with by said Company. 131. It is provided that said Central Passenger Railway Company shall allow the Louisville City Railway Com- pany to have the joint use of so much of said track as is situated between Sixth and Seventh streets, upon condi- tion that said Louisville City Railway Company shall pay to the Central Passenger Railway Company one half of the cost of constructing and keeping in repair said track between said Sixth and Seventh streets ; and if said Cen- tral Passenger Railway Company shall elect, as they have promised to do, to take up its tracks in said Magnolia Ave- nue, from Fourth to Sixth Street, then the said Louisville City Railway Company shall pay to said Central Passen- ger Railway Company the remaining one half of the cost RAILWAYS (STREET). _ ——— —_ —— _ of constructing and repairing said tracks and road between Sixth and Seventh streets; and if it fail or refuse to make payment and repairs as herein provided, and in every re- spect operate said track between Sixth and Seventh streets subject to all the requirements of its contracts with The City of Louisville for operating its other routes, and to do all things by said contract required of it, then this grant shall be forfeited. 132. Whereas a majority of the property-owners have petitioned for right of way to be granted to the Central Passenger Railroad Company to construct a railway on Fourth Street, from Magnolia Avenue to the City limits: The Central Passenger Railroad Company shall have the right to build a street railroad on Fourth Street, extend- ing as far as said street may be in the City limits, com- mencing at the terminus of their present railroad route at Fourth and Magnolia Avenue, thence on and along Fourth Street to the City limits: Provided, said Company shall first agree in accepting said privilege not to charge over five cents fare, and when The City orders said street to be graded and paved, to build, equip, and use the said rail- road route on the terms, inthe manner, and subject to con- ditions, provisions, and limitations embraced in their already existing contract with The City of Louisville for the Fourth- and Walnut-Street routes : Provided, further, that the said railroad is to be laid and made under the su- pervision and direction of the City Engineer. 133. Unless the privileges of this ordinance are, within sixty days from its passage, accepted by said Company in writing, to be filed with the Mayor of said City, this ordi- nance to be null and void. 134, Said City reserves the right to repeal this ordinance whenever it is not complied with by said Company. 135. The Central Passenger Railroad Company shall ex- tend its lines of railroad southwardly on Fourth Street, from Magnolia Street to Lee Street, as required by the con- tracts between the Company and The City of Louisville, 621 An ordinance granting the right of way to the Central Passenger Rail- way ou Fourth St., from “Mag- nolia Ave. to the City limits. Approved April 17, 1875. Sec. 1. Id., Section 2, Id., Section 3. An ordinance requiring the Central Pas- senger Rail- road Company to extend its 622 lines south- wardly on Fourth Street from Magnolia Street to Lee Street. Ap- proved Nov. 30, 1878. Sec- tion 1. Id., Section 2. An ordinance in relation to the Central Passeng’r Rail- road Company. Approved Oct. 12, 1880. Sec- tion 1. Id., Section 2. Id., Section 3. An ordinance in relation to the Central Passeng’r Rail- road Company, granting the extension of its lines. Ap- proved Jan, 25, 1884. RAILWAYS (STREET). by laying its tracks along that portion of Fourth Street, and by equipping and operating the same by running cars thereon as the Company has laid its tracks and equips and operates and runs cars upon that portion of the Company’s line on Fourth Street, from Magnolia Street to Main Street, under the said contract and ordinances in relation thereto. 136, The said Company shall comply with the provisions of this ordinance within thirty days from its approval. 137. The said Central Passenger Railroad Company be and is hereby required to reconstruct and operate their road on Walnut Street, from Twenty-first to Twenty-fifth or Mercer Street, in the same manner as to motive-power, frequency of trips, e¢c., as said Walnut Street is now ope- rated from Eighteenth Street to Twenty-first Street ; and are required to reconstruct and operate their road on Fourth Street in the same manner as to motive-power, frequency of trips, eéc., as their road is now operated on Fourth Street, from Main Street to present terminus. 138. In consideration of the above the said City of Louis- ville hereby waives and postpones its rights to purchase the property now owned by the Central Passenger Rail- road Company for the term of fifteen years after the right to make the purchase shall accrue under the existing con- tract (to wit: twenty-sixth January, 1896), but said City shall have the same right to make the purchase after the expiration of said fifteen years, as set out in said contract. 139. If said Central Passenger Railroad Company does not reconstruct and operate said track, as required above, within sixty days from the approval of this ordinance, all the provisions of said ordinance shall be null and void. 140. In pursuance to a petition of a majority of the property-holders and property on the route hereafter de- scribed, the Central Passenger Railroad Company shall have the right (so far as The City has the power to grant the same) to extend its street-railroad tracks from the in- tersection of Nineteenth and Walnut streets, along Nine- —————— CC er RAILWAYS (STREET). 623 teenth to Bank Street, thence along Bank Street to Thirty- third Street, thence along Thirty-third Street to High Avenue, thence along High Avenue to Thirty-fifth Street, thence along Thirty-fifth Street to Water Street (or Port- land wharf), thence along Water Street (or Portland wharf) to a point near the ferry-landing: Provided said Company will first agree in writing to accept said privi- leges, and to build, equip, and use the said extensions on the terms, in the manner, and subject to all the condi- tions, provisions, and limitations embraced in their al- ready-existing contract with The City of Louisville for the Fourth- and Walnut-Street roads, and as though the privileges hereby granted were embraced in and formed a part of the aforesaid existing contract: And provided fur- ther, that said Railroad Company shall first execute bond to The City, with surety to be approved by the Mayor, binding said Company and sureties to indemnify and hold The City harmless from all costs and damages or Habili- ties to which she may be subject by suit or otherwise, if it should be that The City has no right to confer the privi- leges hereby intended, on account of any contract to which she may be a party, or for any other cause: Pro- vided also, that said extension is to be laid and made under the supervision and direction of the City Engineer, and to be commenced within six months and completed in eighteen months after the passage of this ordinance, un- less delayed by legal interference. 141. All grants made heretofore to any street-railroad company over route herein mentioned, or any part of same that is not now used and operated over as a street railroad, are hereby repealed. 142. The construction and operation of a line of street railway is hereby authorized and permitted under Section 15 of the City charter of 1870, on the terms and conditions hereinafter stated, to the Kentucky Street Railway Com- pany, granted in accordance with the written consent of a majority of owners of property fronting or binding on the said line of street railway, beginning at or near the inter- An ordinance to authorize the building and operation Of-a line of street railway , beginning at Main St. and extending on and along Fifth St. to Chestnut e 624 RAILWAYS (STREET). St.; thence east- wardly on and along Chestnut St.to Brook St.; thence south- wardly on and along Brook St. to Oak Street; thence west- wardly on and along Oak St. to Fourth Ave., by the Ken- tucky Street Railway Com- pany, upon cer- tain conditions andterms. Ap- proved July 6, 1883. Sec. 1. Id., Section 2. Id., Section 3. Id., Section 4. section of Main and Fifth Streets, and extending on and along Fifth Street to Chestnut Street ; thence eastwardly on and along Chestnut Street to Brook Street; thence southwardly on and along Brook Street to Oak Street ; thence westwardly on and along Oak Street to Fourth Avenue. 143. This ordinance shall not take effect until public no- tice of the intention to make the grant shall have been given by publication for ten days in one or more of the princi- pal daily newspapers of The City, inviting proposals there- for by the Mayor of said City, the said Railway Company paying the cost of said publication ; nor unless said Ken- tucky Street Railway Company bids the lowest rate of fare for carrying passengers, and give good security to comply with the terms of said grant and ordinances ot The City not in conflict therewith. 144. Nor shall this grant become effectual except upon the condition that passengers traveling on said line are to be allowed to transfer on to or from a line on Walnut Street on cars coming from or going east or west on Wal- nut Street without additional charge; and the tracks of the two lines may be united and connected on Walnut Street; that said line of railway on Brook Street shall be completed as far south as Oak Street, and thence along and on Oak Street to Fourth Avenue, and there connect- ing with the Fourth-Avenue line, and operated along the whole line during the one hundred days of the Southern Exposition, unless prevented by legal or plete pro- ceedings. 145. Nor shall said grant become effectual unless and except upon the further condition that said Kentucky Street Railway Company will not hereafter build, or at- tempt to build, any line of street railway within the City limits unless authorized thereto by the General Council of said City, except the lines named in its charter, and said Company shall apply at the next session of the Gen- eral Assembly of the Commonwealth to so amend its char- RAILWAYS (STREET). ter as to require the consent of said General Council to build or operate any other line of street railway in said City except those named in the original charter. 146. Said line of railway shall be constructed under the supervision of the City Engineer, and operated or remova- ble under the provisions of Section 15 of the City charter of 1870. 147. An act entitled ‘‘An act to incorporate the Ken- tucky Street Railway Company,”’ approved April 19, 1882, be and is hereby amended so that hereafter it shall not be lawful for said Railway Company to build any line or lines of street railway in the City limits of Louisville un- less it be authorized to do so by the General Council of said City. 148. All the lines of single- and double-track railway which have been or may hereafter be constructed upon the streets named and particularly designated in the origi- nal charter of said Company, and also the line on Fifth, Chestnut, Brook, and Oak streets, which was built and is now being operated by the consent of the General Council of The City of Louisville, are declared lawful, and the power to so construct and operate said lines is expressly conferred. 149. Said Company shall have the right to build, con- struct, and operate a line or lines of single- or double- track street railway upon such other street or streets in Louisville as shall be by the General Council of said City, by resolution or otherwise, authorized and consented to. 150. Said Company shall have the right to borrow money, for the purpose of building, equipping, and main- taining all or any of its lines of railway, and execute a mortgage upon both its property and franchises for pay- ment of same. | 151. The Crescent Hill Railway Company is hereby given, so far as The City has the right to grant the same, the right to build, lay down, and operate a street rail- 40 625 Id., Section 5. An act to amend an act entitled An act to incorporate the Kentucky Street Railway Company, ap- proved April 19, 1882. Ap- proved April 24, 1884. Sec- tion 1. Id., Section 2. Id., Section 3. Id., Section 4. An ordinance granting the right of way to the Crescent Hill Railway Co., through Hamilton Ave. and Payne St. Approved July 6, 18838. Sec. 1. 626 Id., Section 2. Id., Section 3. Id., Section 4. Id., Section 5. Id., Section 6. Id., Section 7. RAILWAYS (STREET). road, to be run with animal-power, with the necessary turn-outs, turn-tables, efc., commencing on Bridge Street, one hundred feet southwest of Baxter Avenue, through and along Bridge Street and Hamilton Avenue to Payne Street, thence eastwardly through Payne Street to the City limits. 152. The said railway tracks herein allowed shall be made under the supervision of the City Engineer, and sub- ject to removal or obstruction during the construction, re- construction, or repair of streets, building of sewers, and laying down of gas- and water-pipes, and to be replaced at the cost of said Railway Company without claim for damages for obstruction or removal, and the tracks are to be made to conform to the grade of the street. 153. The permission herein granted shall continue for twenty years from the date of the approval of the ordi- nance, provided the same is not sooner terminated or for- feited, as hereinafter provided. 154, This ordinance shall not take effect, but shall be null and void, unless said Railway Company shall, within three months from the approval thereof, execute and de- liver to The City of Louisville, covenant, with good se- curity, to be approved by the General Council, condi- tional for the full and faithful performance of this ordi- nance, and the payment of all license legally imposed and the taxes lawfully assessed and levied. 155. The said Railway Company shall be governed by the same contracts as now exist between The City of Louis- ville and the Central Passenger Railway Company. 156. Said Company shall commence work on said rail- way in said streets within six months from the approval of this ordinance, and shall operate the same to Charlton Street within one year from the approval thereof. 157. The said Railway Company shall pay into the Sinking Fund of The City a license at the rate of fifty dollars per annum for every passenger car operated or run over its tracks during the year; which shall be paid RAILWAYS (STREET). 627 monthly on the average number of cars run fifteen hours each day forsaid month ; but no charge is to be made for cars of other parties that are operated over said line ; pro- vided said cars have paid their license to The City of Louisville. 158. This ordinance repeals the ordinance granting per- Id., Section 8. mission to the Crescent Hill Railway Company to lay track along Hamilton Avenue and Payne Street, which passed April 19, 1883.1 fas=See CoRPORATE PowERS—ENGINEER—FINES AND MISDEMEANORS— GENERAL CounciL—PuBLic Ways—RAILROADS (STEAM). 1In a technical sense, a street railway is not arailroad.—Lou. § Port. R. R. Co. v. Lou. City Rw’y Co., 2 Duv., 175. A city has no right to authorize the con- struction of street railways without some legislative enactment vesting the mu- nicipal authorities with such power.—Covington Street Railway Company v. City of Covington, 9 Bush, 127. The city of Covington was authorized and had the right to exact a bonus from the Covington Street Railway Company of two hundred and fifty dollars per annum for the privilege of using its streets for railway purposes, and the obligation of the company to pay such bonus was enforced.—Covington Street Railway Company v. City of Covington, 9 Bush, 127. A carrier of passengers for hire is required to use the utmost care and skill which prudent men are accustomed to use under like circum- stances, and no more; therefore it was error to instruct the jury that the de- fendant, a street railway company, “was bound, as far as human foresight and care would enable it, to carry the plaintiff with safety”; such an instruc- tion prescribed the utmost care and largest foresight of the most skillful human being.—Lou. City Railway Co. v. Weams, decided by the Court of Ap-. peals Oct. 5, 1882, unreported. The City of Louisville can require the tram-. rail to be substituted for the crescent-rail, used in the street railway tracks constructed by the Louisville City Railway Company, under a contract w ith The City for the right of way, etc., in which it was stipulated that the most, approved rail should be used. The law, under which the contract was made : reserved to the City Council the right to regulate and control such railway 8. as it may authorize to be laid down and operated in the streets and highw ays of The City; all the streets were bowldered or macadamized when the rail- way tracks were constructed with the crescent-rail; The City having inaug-. urated a system of street improvements, by which ‘he Nicholson. was being gradually substituted for the stone pavements, required the railway company to take up the crescent-rail and put down the tram as the construction of the Nicholson pavement progressed, it being agreed that the tram- rail was better | for streets when the Nicholson pavement was used ; and the Court t of Appeals held that The City hadthe right to require the railway compan y to substitute the tram- for the crescent-rail, at the cost of the railway company, as the con= : 628 RAILWAYS (STREET). struction of the Nicholson pavement progressed.—Lowisville City Railway Oo. v. City of Louisville, 8 Bush, 415. And, in construing the contract be- tween The City and the railway company, the court said that a municipal cor- poration had no power to limit its legislative discretion by covenant. The City of Louisville can not refuse to exercise its power to regulate and control its streets and highways when public necessity or convenience demands that it shall be done, nor can The City be allowed to excuse its failure in this par- ticular, upon the ground that it has by contract deprived itself of the right to act.—Ib. The unreported opinion in the case of the Lowisville City Railway Co. v. City of Louisville, Court of Appeals, Dec. 5, 1871, is as follows: “The first paragraph of the first Section of the contract between The City of Louisville and the Louisville City Railway Company, after reciting that The City consents and agrees that the Railway Company shall construct and operate a railroad or railroads on, over, and along certain portions of Main, Jefferson, Broadway, Sixth, Twelfth, and Preston streets, concludes by pro- viding that the ‘said Railway Company shall have the right to connect any of said railways the one with the other.’ The second paragraph of this Sec- tion authorizes the Railway Company, in case the consent of the First- and Second-Street Horse Railroad Company can be secured, to ‘lay down, under the provisions of this agreement, a line of road from the corner of Fourth and Main streets, out Fourth to Jefferson, up Jefferson to Second, out Sec- ond to Breckinridge.’ The necessary consent of the Horse Railroad Com- pany was secured, and this line of road has been constructed. The Com- pany claims the right to connect their Fourth-Street road with their road along Jefferson Street, by putting down a curve at the corner of Fourth and Jefferson, enabling them to transfer their cars from one road to the other by turning down Jefferson. The City insists that whilst the Company has the right of way up Jefferson from Fourth, it has not such right to connect the Fourth-Street road with the Jefferson-Street road in this manner, and upon the petition of The City the Chancellor perpetually enjoined the Company from putting in the curve and making the proposed connection. The lan- guage of the contract is that the Company ‘shall have the right to connect any of said railways the one with the other.” This language clearly limits the right of making connection to the railways named in the preceding por- tion of the agreement, and naturally excludes the idea that any other toad, the continu: ition of which may be authorized by a subsequent portion of the contract, shall be embraced thereby. Nor does the fact that the Fourth- Street road was to be constructed under the provisions of the agreement iecessarily give the Company the right to connect it with the roads named in the first paragraph. The provisions of the agreement as to the manner in which the various roads should be put down followed the grant of the right of Ww ay, and the right to connect certain specified roads cam not be regarded as “one ‘of the} “provisions of the agreement as to the putting down of the roads. Nor can a be. conceded that the right of the Company to connect certain roads, the. one with the other, gave them, independent of the express grant of ‘the right. ‘of way along Fourth, from Main to Jefferson Street, the right to, ‘build: a, road: along that street to connect the Main-Street and Jefferson- Sti eat roads. “Three of the six roads they were authorized by the first para- graph t to construct run along streets parallel with the Ohio River; the re- } es ,7yaTsqaoy RAILWAYS (STREET). maining three run along streets perpendicular to the river, and the natural and legitimate inference from the language of the contract, considered in connection with these facts, is that the connections should be made at the crossings of the various roads. Otherwise the Company might, under the pretext of connecting their roads, lay down their track over an indefinite number of the streets embraced within the limits of the territory around which they were authorized to put down their roads. The judgment of the Chancellor perpetuating the injunction is affirmed.” 629 The charter actof March 3, 1870. Sec- tion 28. An act to amend an act establishing a new charter for The City of Louisville, a p- proved March 38,1870. Ap- proved March 38,1871. Sec. 3. CHAP TEE XO Xe RECEIVER OF TAXES. CONTENTS: 1. Failure of a Receiver to square accounts of previous collections a cause of ineligibility. 2. Conyersion of public moneys and other valuables made a felony. 3. To settle his accounts with the finance committee of the General Council; guietus. 4, Duty in regard to publishing notices of taxes; nature of the notice. 5. He shall receive only bankable funds at par value; pay over to the Treasurer every other day; statement and affidavit; receipt. 6. Entries of collections; how kept and subject to inspection. 7. Unpaid tax-bills. 8. Salary. 9. Vacancy in the office. 10. Finalsettlement with The City. 11. Erroneous tax-bills in the Re- ceiver’s hands; Assessor not to cor- rect save according to prescribed form. 12. The Mayor and finance com- mittee to regulate and supervise cre- dits and corrections on such bills. 1. No Receiver of Taxes, after the first election under this charter, shall be eligible to any office unless he has ac- counted with said City for all previous collections and ob- tained a guwietus. 2. Said Receiver shall not use, or in any way convert, any money or other thing of value belonging to The City to his own use or that of others ; if he do, he and his sure- ties shall pay the same with interest, and he shall be guilty of felony, and upon conviction shall be confined in the penitentiary not less than five nor more than twenty years. 3. The Receiver of Taxes of The City of Louisville is hereafter required to settle his accounts with the finance committee of the General Council and obtain his guietus therefrom on or before the fifteenth day of March of each RECEIVER OF TAXES. year, for the taxes for which bills had been placed in his hand for collection for the preceding year ; and if a qz- etus therefor is not held by said Receiver on said day, the Board of Aldermen shall by resolution declare vacant the office of said Receiver, which shall be filled by an election by the General Council, in the month of March, in joint session, by a viva voce vote, for the unexpired term. 4. Until otherwise ordered, it shall be the duty of the Receiver of City Taxes, at his own cost, to give notice by publication in at least two of the daily City newspapers, one of which shall be a German paper, of the time at which the taxes are due and the place where the same will be re- ceived ; also such discount, if any, as may be allowed for advance payments, and the rate of increase of interest added by law to such bills as are not paid when due. 9. Said Receiver shall not receive for taxes anything but bankable funds at par value, and it is made his duty to pay over to the City Treasurer every other day (Sundays excepted) all moneys collected by him as taxes, and at the same time furnish said Treasurer with a statement thereof, showing for what kind of taxes the same has been col- lected, of whom, and when collected, all of which shall be verified by the affidavit of the Receiver of City Taxes annexed thereto, which affidavit shall contain the further statement that in said payment, with his former pay- ments, is included all the taxes collected by him to that time ; whereupon said Treasurer shall give him a receipt for the amount then paid. 6. Entries of such collections shall also be made at once and kept by the Receiver in appropriate record-books, to be furnished by and to be the property of said City ; which books, as well as the statement of collections fur- nished as aforesaid by the Receiver to the Treasurer, shall at all times be subject to the inspection of the Mayor and finance committee of either Board of the General Council. 7. Nor shall the said Receiver, in any settlement he may make with The City, be allowed any credit for any 631 An ordinance to regulate the office of Re- ceiver of City Taxes, and fix- ing his com- pensation. Ap- proved Feb. 21, 1880. ~SecaI. Ta., Section 2. 632 Id., Section 3. Id., Section 4. Id., Section 5. An ordinance to regulate the making of credits upon erroneous tax- bills in the hands of the Receiver of Taxes or agent for the collec- tion of back taxes. Ap- proved May 7, 18838. Sec. 1. [d., Section 2. RECEIVER OF TAXES. unpaid tax-bills, unless he shall make affidavit that the same has not been collected, and that he has used all the means provided by law for enforcing the payment thereof, and that the same could not be collected. 8. The salary of the Receiver of City Taxes, including the receiving of railroad and all other taxes assessed and and levied by the General Council, shall be as follows— to wit: One half of one per cent. on the first million dol- lars collected and paid by him.as provided by law, and one per cent. on the balance collected and paid in like manner by him, and on such tax-bills as may be collected by suit three per cent. on the amount so collected and paid as provided by law. Said salary shall be payable in monthly installments out of the City treasury, upon the proper pay-roll. 9. Should the office of Receiver of City Taxes become vacated from any cause, all tax-bills, moneys, books and papers in his custody pertaining to said office shall at once be delivered to the City Treasurer and City Assessor. 10. The said Receiver shall make a final settlement with The City for the tax-bulls for the preceding year which had been listed with him on or before the fifteenth day of March of each year while in office, and at the expiration of his term, within ten days after the qualification of his successor. In the event of his failing to hold a guiéetus on the said fifteenth day of March, while in office, he shall be removed as provided by the charter. 11, The Assessor shall have no power to alter, change, or enter any credit upon any tax-bill in the hands of the Receiver of City Taxes, or the agent for the collection of back taxes, until such proposed change, alteration, or credit shall have been submitted to and approved by the Mayor and joint committee on finance. 12. Upon application for a correction of any tax-bill after the same is in the hands of such Receiver or Back- tax Collector, by credit or otherwise, the City Assessor shall submit the same in writing, with his recommenda- RECEIVER OF TAXES. 633 tion, to the Mayor and joint committee on finance, who shall cause the same to be entered in a record-book for that purpose, to be kept by the Mayor’s clerk, and at once transmit a copy of such credit to the City Book- keeper and to the Receiver of City Taxes, or agent for the collection of back taxes. ges See ADVERTISING—ASSESSOR—OFFICES AND OFFICERS—TAXATION. A NAA CL.tO provide for a registration of voters in The City of Louis- ville? Ap - proved Apr. 28, 1884. Sec. 1. CHA PTH RR xek. REGISTRATION. CONTENTS: 1. Appointing Board; officers of | registration; appointment, eligibility, politics, term of service, oath, exemp- tion from jury-duty. 2. Notice of appointment; failure to appoint; non-attendance and refu- sals to act; filling of vacancies. 3. Police and inquisitory powers of officers of registration. 4. Forms and registration-books. 5. General Registration; time and manner of registering. 6. Who may register; qualifica- tions. 7. Aliens; naturalization. 8. Mode of registering; certifica- tion and signatures of clerks and others. 9. Return and custody of books. 10. Special Registration; time and manner of conducting. 11. Distribution of books by the County Clerk for special registration ; duties of officers; returns. 12. Removals of voters and re-reg- istering of same; certificate. 18. Striking off names; notice and other proceedings. 14. Use of the registration-books at the polls on election day; duties of officers; who may vote; provisions for unregistered voters; care and custody of books. 15. False ment. registration; punish- 16. False registration-books; pun- ishment. 17. Perjury. 18. Fine and punishment for ob- structing registration. 19. Witnesses in prosecutions and indictments under the registration act. 20. Officers’ fees. 21. Copies of the act for insertion in registration-books. 22. When the act to take effect. 1. The County Judge of Jefferson County, the Sheriff of said County, and the Clerk of the Jefferson County Court shall constitute a Board, which shall, between the first and fifteenth days of June in each year, appoint four sober and discreet citizens in each election precinct of The City of Louisville, two to act as judges of registration, one as clerk of registration, and one as sheriff of registration, in the precincts for which they are appointed. No person shall be eligible as judge, clerk or sheriff, who is not a REGISTRATION. voter in the precinct for which he is appointed, and a housekeeper; and when there are two distinct political parties, said officers of registration shall be so selected as that one of the judges of each precinct shall be of one political party, and the other of the opposing political party. They shall serve for one year from the time of their appointment, and each officer of registration, before entering upon the discharge of his duties, shall take the oath prescribed by Section 1, Article 8, of the Constitution, and shall, during the period of his term of service, be ex- cused from jury duty.? 2. The Sheriff of Jefferson County shall, at least five days before the General Registration in each year, as pro- vided for in this act, give each officer of registration writ- ten notice of hisappointment. Should the Court, Sheriff and Clerk fail to appoint, or should all the officers ap- pointed fail to attend at the place of registration for one hour after. the time for commencing the registration, or re- fuse to act, then the Sheriff, Judge or Clerk, or either. of them that can be found of the County, shall appoint offi- cers to act in their stead for that registration ; but should one or two officers be in attendance, he or they may fill vacancies for the purpose of conducting that registration, and may administer the necessary oaths of office. 3. Officers of registration shall have the same power to preserve order at the places of registration as is exercised by officers of elections at the polls. If the officers of reg- istration entertain any doubt as to whether or not any person offering for registration is entitled to such regis- tration, or if any one’s right to register is challenged, citizens may be called in, not exceeding three in number, who shall be examined touching the qualifications of such person or persons who offer to register. 4. It shall be the duty of the County Clerk of Jefferson County to prepare the proper forms, and cause to be 1Sections of the chapter are numbered the same as those of the original act. 635 Id., Section 2. Id., Section 3. Id., Section 4. 636 Id., Section 5. REGISTRATION. printed two registration-books for each precinct in The City of Louisville, one of which shall be kept in his office, to be used as provided in Section 7 of this act, and the other furnished to the clerks of registration and election, before each registration or election-day, as hereinafter provided. Said books shall be so arranged as that the names of voters may be registered alphabetically, and shall be ruled and headed as follows: * OUIB NT : LO[OD * g0U9pIsoyy * SyIBUUOY, * UOlpo[H snsny -uorooT aT 19q Ud AO NT “UOLpo[Y Loquiaoeq * sUOIpO TY [vroedg 3. The officers of registration shall attend at the voting- places of their respective precincts on the first Monday in July in each year, and on the two next succeeding days, from the hours of 6 in the morning until 9 in the evening, and shall record in the registration-book, which shall be furnished by the Clerk of the County Court to each regis- tration-clerk, a list of such qualified voters of the precinct asmay apply for registration. If either of said days shall fall upon the fourth day of the month, then said fourth day shall be omitted as a day of registration, and the reg- istration shall proceed on the next succeeding day, as if said fourth day had not intervened. Said list of voters shall be in alphabetical order, and shall show the name of the person registered, the name of the street or alley, and number of the house, lodging, or tenement in which he lives, and whether he be white or colored ; and if said house, lodging, or tenement be not numbered, the loca- tion thereof shall be described in the registration-book, as accurately as is practicable, giving the street, and be- tween what streets. No person shall be registered who does not personally appear before the officers of registra- tion, and if he be not personally Known to one of the offi- cers, or if any bystander shall demand it, he shall be REGISTRATION. sworn in by one of the officers, and interrogated by him, or by such bystander, touching his qualifications, as pro- vided in this act. Opposite the name of each person so sworn the clerk shall write the word ‘‘Sworn,’’ which en- try shall be prima facie evidence of such swearing in any prosecution under this act. Said registration in July shall be Known as the General Registration, and any per- son then registered may vote at all elections until the next General Registration, unless he becomes disqualified after registration. 6. Every person shall be entitled to be registered who would be entitled to vote at the next succeeding August election—that is to say, every male citizen who, on that day, shall have attained the age of twenty-one years, and shall have resided in the State two years, or in The City. one year, and in the precinct in which he offers to regis- ter sixty days. No person shall be registered who does not personally appear before the officers of registration, and if he be not personally known to one of the officers, or if any bystander shall demand it, he shall be sworn by one of the officers, and interrogated by him, or by such bystander, touching his qualifications, as provided in this Section. Opposite the name of each person so sworn the clerk will write the word ‘‘Sworn,’’ which entry shall be prima facie evidence of such swearing in any prosecution under this act. 7. Any alien, possessing all the qualifications of a voter named in Section 6 of this act, except citizenship, shall be entitled to be registered ; but the clerk shall write op- posite to his name, in the column headed ‘‘ Remarks,”’’ the words ‘‘ Not naturalized,’’? and such alien will not be entitled to vote at any election held under that registra- tion, unless he shall produce to the officers of election his naturalization papers in due form of law. 8. In making the registration, the clerk shall act as the recording officer, and the judges shall decide all questions relating to the qualifications of persons offering to be re- 637 Id., Section 6 Id., Section 7. Id., Section 8. 638 Id., Section 9. Id., Section 10. REGISTRATION. gistered, except that, in case of a difference of opinion be- | tween the judges, the clerk shall have the casting vote. It shall be the duty of the clerk to number, consecu- tively, the names recorded under each letter of the alpha- bet as they are taken down; and, at the close of the registration, he shall sign his name as clerk after the last name recorded under each letter, as aforesaid, in such manner as that no more names can be recorded above his, and shall foot up and certify in the back of the registra- tion-book the whole number of names recorded at that registration, and this certificate shall be signed by all the officers of registration before leaving the place of registra- tion, and in the presence of bystanders, any two of whom, may, if they desire, sign their names as witnesses thereto. In addition to the requirements above, the clerk shall sign his name as such clerk at the foot of each page. 9, On the day following the close of the registration, the clerk shall deliver the registration-book into the hands of the Clerk of the County Court, or one of his deputies, and shall take his receipt therefor. It shall be the duty of said County Clerk to keep said books safely in his office, and not to suffer the same to be taken therefrom, except as provided in this act. He shall also cause to be made one copy of each registration-book in the blank book re- tained by him, as provided in Section 4 of this act, which shall be kept in his office, and not be taken therefrom for any purpose. In case of loss of any registration-book, a copy shall be made by the County Clerk from the copy retained in his office, which copy shall be used in regis- trations and elections with the same effect as the origi- nal. The Clerk shall permit any citizen, at any time, to copy any registration-book without fee or charge, and he shall also furnish copies at the same rate as provided in Section 20 of this act for copying the book kept in his office. Copies furnished to citizens under this Section shall be paid for in cash by the person ordering them. 10. On Tuesday next after the first Monday in October, 1884 (eighteen hundred and eighty-four), and on the same REGISTRATION. day in every second year thereafter, there shall be a reg- istration of those persons whose names were not regis- tered at the previous July registration, and who, but for this act, would be entitled to vote for electors for Presi- dent and Vice-President or for members of congress at the ensuing election. On the first Wednesday in November in each year there shall be a registration of those persons whose names are not already on the registration-books for that year, and who, but for this act, would be entitled to vote at the ensuing municipal election. When, by vir- tue of any further act of the legislature, or of any procla- mation or writ of election issued under existing laws, an election is ordered for any day other than one of the days mentioned in Sections 6 and 10 of this act, at which a vote is to be taken in The City cof Louisville, it shall be the duty of the Sheriff of Jefferson County to fix a day for the registration of those entitled to vote at such election whose names are not already on the registration-books for that year, and to publish notice of such day as a part of his notice of the election; and where, by virtue of the City charter or any special law, an election or vote is or- dered to be held or taken in The City of Louisville at any other time than one of the days aforesaid, then the Coun- cil, or other body or person so ordering said election or vote, shall, at the same time, fix a day for the registration of those persons entitled to vote thereat whose names have not been recorded on the registration-books of that year, and shall require the same to be published in like manner as the time and place of said election or vote are required by law to be published. Registrations under this Section shall be Known as Special Registration, and any person so registered shall be entitled to vote at all elections held prior to the next General Registration. Registrations prior to special elections shall be held not less than ten days prior to the election. 11. On the day prior to each registration provided for in the previous Section, the County Clerk shall deliver to the registration clerks the registration-books for their several 639 Td., Section 11. 640 Td., Section 12. Id., Section 18. REGISTRATION. precincts, and, on the day of such registration, the regis- tration-officers shall attend at their several places of re-- gistration, and shall register the names of all persons ap- pearing before them who may be entitled to vote at the election for which the registration is held, and whose names are not already on the register for that year. The names shall be recorded immediately following the names recorded at the previous registration, and the registration shall be conducted, and the books returned, as provided in Sections 5, 6, 7, 8, and 9 of this act. Immediately after the books are so returned, the County Clerk shall cause the names recorded at that election to be copied into the book retained in his office, as provided in Section 9, of this act. 12. Any person removing from one precinct to another, after having been registered for that year, may apply to the clerk of registration of the precinct from which he re- moves, on a registration day, and have his name canceled off by writing opposite to it the word ‘‘ Removed,’’ and thereupon said clerk shall give him a certificate in the fol- lowing form: has removed from the precinct, ward, and that his This is to certify that cinet, —— ward, to the registration has been canceled. [Signed. ] ——— ——,, Clerk. ae Pe Upon presenting said certificate to the officers of regis- tration of the precinct to which he has removed, he shall be entitled to be there registered if he possesses the other qualifications named in Section 6 of this act; and no per- son so removing, after being registered, shall be registered in another precinct without the production of such a cer- tificate. 13. Any voter may, by giving five days’ notice, in writ- ing, to any person whose name has been registered, move the County Court to strike his name from the register, and both parties may introduce witnesses, not exceeding two in number, on each side. Said notice must be served per- sonally. If, at the hearing, the Court shall be of the opin- REGISTRATION. ion that the person registered is not lawfully entitled to register, it shall direct the Clerk to strike his name from the register, by inserting opposite to it the words, ‘‘Stricken off by order of the County Court Clerk.’ If the person upon whom notice is attempted to be served can not be found, the Clerk shall write opposite such name, on the registration-book, the word ‘‘ Doubtful,’’? and when, at an election, such person, whose name is marked ‘‘ Doubtful,”’ shall offer to vote, he shall be sworn, and his right to vote investigated fully. 14. On the Saturday previous to the first Monday in August, 1884, and on the juridical day previous to every election to be held, or vote of the people to be taken there- after in The City of Louisville, the Clerk of the County Court shall deliver to the clerks of election the registra- tion-books for their several precincts, together with the poll-books ; which said registration- and poll-books shall be produced by said clerks at their several precincts when the polls are opened on the day of election. Atsaid elec- tion no vote shall be received, unless the name of the per- son offering to vote is on the registry provided in this act ; or, unless he produce before the officers of election his written affidavit, stating that he was necessarily absent from The City; or that he was ill and unable to attend ; or that some named member of his family was so ill as to require his constant attention, such absence or illness cov- ering the period allowed for registration, and stating facts showing him to be a qualified voter of the precinct; and, also, the facts in reference to his residence required to be entered on the register, and shall also prove by the writ- ten affidavit of a registered voter of the precinct, who isa householder, that he Knows such person to be a qualified voter, and stating the facts in reference to such person’s place of residence required to be entered on the register. Said affidavits shall be returned by the officers of election to the County Clerk, indorsed as follows: ‘‘ Filed before us this ——— day of ———, eighteen ———, Judges.”’ And shall be kept on file by the County Clerk. Any vote 41 Id., Section 14. 642 Id., Section 15, Id., Section 16. Id.. Section 17. Id., Section 18. REGISTRATION. received by the officers of election in contravention of this act shall be void, and shall be rejected from the count. The officers of election shall, when a vote is cast, mark op- posite to the name of the person voting, in the column of the registration-book provided for that election, the word ‘* Voted,’ and at the close of the election, and before closing or leaving the voting-place, shall mark opposite the name of each person who has not voted at that elec- tion the words ‘‘ Not voted.’’? The registration-book shall be returned to the County Clerk, by the clerk of the elec- tion, on the day next succeeding the election. i 15. Any person who shall cause himself to be registered in more than one election precinct, otherwise than is pro- vided in Section 12 of this act, or more than once in the same precinct, or who shall cause himself to be registered, knowing that he is not lawfully entitled to registration ; and any person who shall aid or abet in the commission of any of said acts, shall be deemed guilty of a misde- meanor, and shall be imprisoned in the county jail not less than one nor more than twelve months. 16. Any officer of registration, or other person, who shall unlawfully alter any registration-book, or add any name thereto, or who shall willfully secrete, suppress, or destroy any such book, or who shall make, or aid in mak- ing, any false or fraudulent registration-book, shall be deemed guilty of felony, and shall be confined in the peni- tentiary not less than one nor more than five years; and shall forfeit any office he then holds, and shall forever be disqualified from holding office. 17. Any person who shall willfully make any false statement, under an oath lawfully administered under this act, shall be deemed guilty of perjury, and confined in the penitentiary not less than one nor more than five years. 18, Any person who by himself, or in aid of others, shall forcibly break up, or attempt to break up, a regis- tration held under this act, or shall forcibly prevent, or REGISTRATION. attempt to prevent, any person from approaching or en- tering a place of registration, for the purpose of register- ing, shall be fined not less than one hundred nor more than five hundred dollars, or imprisoned not less than six nor more than twelve months in the county jail, or both. 19. No witness shall be excused from testifying before any grand jury, or in any prosecution or indictment un- der this act, on the ground that his testimony may crimi- nate himself; but no such testimony shall be used against him in any prosecution, except for perjury in giving the same. 20. For his services under this act, the County Clerk shall receive the following fees, and no other: For copy- ing the registry lists required to be kept in his office or to be used in supplying lost books, the sum of two cents for each voter whose name is so copied ; for his services under Section 13 of this act, the sum of twenty-five cents for the name of each voter stricken off the lists; for receipting to clerks of registration and election for registration-books, the sum of five cents for each book receipted for. The Sheriff shall receive for serving the notices provided for in Section 2 the sum of sixty cents for each actual service. Officers of registration shall receive three dollars per day for each day employed in attending at the place of regis- tration, but clerks of registration and election shall not be entitled to any pay, except upon the production of the County Clerk’s receipt for their respective registration- books, which receipt shall be the voucher of the officer paying them. The City of Louisville shall pay all fees and expenses incurred under this act for registration. 21. A co of this act shall be printed in each reeistra- py —p g tion-book made under its provisions. 22. This act shall take effect and be in force from its passage. Bas” See Courts oF LAw— ELEcTIONS—GENERAL COUNCIL— OFFICES AND O¥FFICERS—POLICE. 643 Id., Section 19. Id., Section 20. Id., Section 21. Id., Section 22. CHAPTER XLL SCHOOLS. G OUND IN Sse 1. Election of Trustees; style of Board; term of office. 2. Board to control and manage schools and school property; oath of office before judicial officer; by-laws; majority a quorum; meetings; ap- propriations by a majority; records open to inspection. 3. Election and dismissal of teach- ers and professors; salaries; course of study; examinations; districts; class- books; white children over six equal rights; sectarian books and teaching prohibited; Secretary and Superin- tendent elected; duties; salary. 4, Board to make annual report to Council of pupils and property. 5. Tax of 25 cents for mainten- ance in 1870; amount levied credited to School Fund on books of City; paid to Board semi-weekly School Fund; escheats vest in Board by title a corporation; manner of recovery ; Male High School a college; may confer degrees and grant diplomas. 6. Tax increased to 30 cents; Sec- tion 80 of charter amended; subject to general election. 7. Tax .of eight cents, for three years, for school-houses. 8. Income to be annuaHy ascer- tained; expense not to exceed esti- mate; gifts and devises. 9, Examination of professors and teachers. 10. No portion of school-property or funds to be applied for schools not under control of Board. 11. Vacancies in Board; children beyond City limits; tuition fees cred- ited by tax. 12. Colored children not to attend schools for white; school-tax kept separate.and applied to education of colored children. 13. May borrow $20,000 per month for three months and pledge school- tax. . 14. Qualification of Trustees. 15. Board to judge of qualification of members; Secretary to give se- curity. 16. Children beyond City limits. 17. Council to execute and deliver to Board eighty-five $1,000 bonds. 18. Preamble as to act; issuing 85 bonds. 19. Act ofJanuary 17,1870, amend- ed; Sinking Fund to pay bonds. 20. Appropriation for three school- houses for colored children, ete. 21. School Commissioner for Louis- ville; elected by Council; duties; compensation. 22. Duty of Commissioner; Audi- tor to pay School Fund to Treasurer of Board. 23. City deemed one district; re- ports; census of white children; pen- alty; local authority. 24. Repeals general, not local, laws conflicting. 25. President of Board to make re- port required of Commissioner; to draw for school revenue; responsi- bility of Treasurer; no compensation for Schoo] Commissioner deducted. 26. Pay of School Commissioner fixed by Council. 27. General statutes; report to Su- perintendent before August 1; duty as i ce to; revenue; pro rata ot white chil- dren between six and twenty years of age; census or tax-book of current or preceding year used. 28. Article 2, Section 18, General Statutes; applied tocities and towns reporting as one district. 29. Commissioner for each county and The City of Louisville; qualifi- cations; election; duties; compensa- tion. 30. Report’ by Commissioner by first of June; duties; census of white children between six and twenty years, etc. 31. Duty of Commissioner; Presi- dent of Board to report; draw for School Fund; Treasurer and secu- rities. : 32. Cities and towns when a dis- trict; to report; to take census; local authority. 38. Local laws not affected by act. 34. Escheated property; how re- imbursed. 35. Uniform system of schools for eolored children. 36. Census of colored children be- tween six and sixteen and distribution of School Fund. 37. Unlawful for colored child to attend school for white. 38. Colored school-houses; surplus fund; location. 39. Tax of 8 cents for school-houses; how credited and paid. 40. Levy one year; subject to elec- tion. 41. City constituted School District for taxation purposes; not to. apply to persons residing out of City. 42. Vaccination of pupils in all schools compulsory. 43. Health Officer to visit public and private schools. 44. Penalty for violating act. 45. Escheat to Board of property abandoned for eight years. 46. Recovery by owner; liability of Board. SCHOOLS. 645 47. Act to apply to Louisville only. 48. Preamble to general act April 24, 1882. 49. Additional tax of 2 cents; School Fund for white and colored united and equalized; ages of colored children six to twenty. 50. Mixed schools prohibited. 51. Tax of 3 cents to equalize white and colored per capita; subject to election in August, 1882. 52. Act to be ratified by election. 53. University of Louisville; cor- porators and powers. 54. Officers, how appointed; bonds; conferring degrees. 55. Terms of office; vacancies. 56. Trustees to make annual report to Council. 57. Donations to University held in trust; resolutions at Radical Church. 58. Medical Institute to convey property to University and cease to exist; college building, ete. 59. Repealing act for benefit of Louisville College; proceeds of sale of seminary lot. 60. Professors to continue in office; removal. 61. Academic and medical pupils; reciprocal privileges. 62. Diploma and degree from the Law Department a license to practice law. 63. Corporate title of the Board of Trustees changed to the ‘ Louisville School Board ;” corporate powers. 64. Quinquennial reports of the Board to the Superintendent of Pub- lic Instruction. 65. Other reports; taking of census, 66. Appointment, duty, and com- pensation of census-taker. 67. Taxation of merchants for school purposes. 68. Effect of act; repealer. 1. At the first general election for City officers under this charter there shall be elected, by the qualified voters in each ward of said City, two qualified persons as Trustees of the ton 76. The charter, act of March 3, 1870. Sec- 646 SCHOOLS. Id., Section 77. Male High School, the Female High School, and the Pub- lic Schools of The City of Louisville, and the persons so elected shall constitute and be styled the Board of Trus- tees of the Male High School, the Female High School, and the Public Schools of The City of Louisville ;1 and the Board of Trustees first elected under this charter shall, within three months after the election, cause the Trustees from each ward to be divided by lot into two classes, and the members of the first class shall vacate their office at the end of one year from the day of their general election ; and annually thereafter there shall be elected by the qualified voters in each ward one qualified person as Trustee of said schools, who shall hold his officé for two years, and no longer. ; 2. The control and management of said schools, and the property and funds belonging thereto, and which may accrue in any way to them and their establishment, man- agement, and maintenance, under the provisions of this charter or otherwise, shall be vested in the said Board of Trustees, subject to the provisions of thischarter. The members of said Board of Trustees shall, before entering upon the duties of their office, make oath or affirmation before some judicial officer of this commonwealth faith- fully to discharge the duties enjoined on them. The said Board of Trustees shall have power to make by-laws, not in conflict with this charter, for carrying out the duties of their office, and to determine their own rules of pro- ceeding ;? but a majority of the whole Board shall be 1See amendment of this Section by an act of April 8, 1884, Section 63, post. 2The rules governing the Board of Trustees [July 1, 1884] are as follows: _ Article I. Officers —31. The officers of the Board of Trustees shall consist of a president, a vice-president, a secretary (who shall act as treasurer), and a superintendent of schools. Organization? 2. The president and vice-president shall be elected annu- ally. The secretary and the superintendent of schools, and the superinten- dent of German, shall be elected at a regular meeting in July, and shall hold their offices for three years from the time of their election. 23. The members elect of each successive Board of Trustees shall be sum- moned by the secretary of the Board to meet on the Monday after the issue SCHOOLS. necessary to form a quorum for the transaction of business. They shall meet at least once a month, and oftener if neces- sary, for the transaction of business; and no appropria- tion of money shall be made by said Board without the concurrence of a majority of the members-elect. A. cor- rect record of all their proceedings shall be kept in a book of their certificates of election, when they shall organize by the election of a president and a vice-president, who shall hold their respective offices for one year. Art. II. Duties of Officers —1. It shall be the duty of the president to pre- -side at all meetings of the Board, to sign the records of its proceedings, and certify transcripts of the same when necessary; to call meetings of the Board whenever he may deem it advisable, or when requested in writing to do so by three members; to appoint all committees, unless otherwise ordered; to visit, as often as convenient, each of the public schools of The City, and lay before the Board, from time to time, such suggestions as may occur to him for their improvement. He may, at pleasure, address the Board, the chair being first assumed by the vice-president, or some other member selected by him. He shall vote first on all questions presented by the Board. 22. The vice-president, in the absence of the president, shall be clothed with all the powers and perform all the duties of the president. Art. IIT. Committees and their Duties.—21. There shall be eighteen stand- ing committees, to be appointed annually—viz: (1) A committee on finance, consisting of three members; (2) a committee on salaries and supplies, con- sisting of three members; (8) a committee on buildings, consisting of five members; (4) a committee on escheats and school property, consisting of three members; (5) a committee on normal class, consisting of five mem- bers; (6) a committee on examination and course of study, consisting of six members; (7) a committee on high schools, consisting of the president ot the board and six other members; (8) a committee on intermediate schools, consisting of five members; (9) a committee on district schools, Eastern Dis- trict, consisting of three members; (10) a committee on district schools, Western District, consisting of three members; (11) a committee on colored schools, consisting of five members; (12) a committee on German, consisting of five members; (18) a committee on penmanship and drawing, consisting of three members; (14) a committee on grievances, consisting of three mem- bers; (15) a committee on rules, consisting of three members; (16) a com- mittee on printing, consisting of three members; (17) a committee on sani- tary affairs, consisting of three members; (18) a committee on amusements, consisting of five members. 22. The committee on finance shall examine all bills and claims which may be presented against the Board of Trustees, and report the same to the Board audited and approved, or rejected, with the reason for such rejection. They shall, each month, report the salaries of teachers and janitors for payment, and see that the requirements of the rules governing district schools are fully complied with. This committee, at least once a year, and oftener if required by the Board, shall examine the books, inventories, accounts, and vouchers of 647 648 SCHOOLS. Id., Section 78. provided for that purpose, which shall at all times be open to the inspection of the citizens of Louisville. 8. Said Board shall elect the professors and teachers, regulate and fix their salaries, dismiss or suspend any teacher or professor for misconduct or neglect of duty, prescribe the branches of education to be taught, the the secretary, and report upon their correctness to the Board. The chairman of this committee, or, during his absence from The City or other disability, the other members of the committee, in order of appointment, shall counter- sign all cheques for the disbursement of money in the hands of the treasurer. 23. The committee on salaries and supplies shall have charge of all ques- tions concerning salaries, and see that the schools are supplied with the neces- sary fuel, furniture, fixtures, etc., and shall report a list of salaries at the reg- ular or a called meeting in June. 24. The committee on buildings shall have charge of the erection of new buildings and the repair and alteration of old ones; submit plans, specifica- tions, and estimates of the same to the Board for approval; make contracts for the work and material of the same, under instructions from the Board; see that said work is executed in a workmanlike manner, according to contract; and in all cases require approved security for a faithful performance of all contracts. ; 25. The committee on escheats and school-property shall report on the char- acter, condition and value of all escheated property, and also upon all prop- erty liable to escheat in Louisville. All matters of title and questions of law shall be referred to this committee. 76. The committee on examination and course of study shall have con- trol of public examinations of the high schools, and also of the examinations for promotion in the district schools, and tor transfer to the high schools, the result to be reported to the Board at the regular meeting in August. And no change shall be made in text-books unless referred to the committee and approved by the Board, as hereinafter provided. In the month of May, an- nually, they shall examine the course of study prescribed for the district and high schools, and shall recommend to the Board, at the regular meeting in June, such improvements in the course of study and such changes in text- books as they may deem expedient; such recommendation shall be considered at the regular meeting in July: Provided, that when a text-book is once in- troduced into the schools, it shall require a two-thirds vote of the entire Board to change it: And provided further, that in no case shall the committee make a report upon any book or publication unless a copy for each member of the Board shall have been left with the secretary, by the publisher or his agent, free of cost. 27. The committee on high schools shall have the immediate control and supervision of the male and female high schools, and report from time to time ~ upon their condition, character and efficiency. They shall recommend to the Board suitably qualified persons as professors and teachers for said high schools. SCHOOLS. necessary qualifications, the mode of examining appli- cants for admission, and the number of pupils annually to be admitted to each school. They shall fix the bounds of districts for each school within which the children shall be entitled to admission; but a majority of said Board may permit scholars residing in one district to attend a 78. The committee on intermediate schools shall examine the intermediate department of the ward schools at least once in each halt year, without giv- ing previous notice to the instructors; and shall, at the regular meeting of the Board in August, make a report in writing, giving the result of their ex- aminations and visits. 29. The committee on district schools shall examine all the schools in their respective districts at least once in each half year, and note the methods of instruction pursued therein, and that each subject required to be taught by the graded course of instruction has received due attention, and report the re- sult to the Board at the same time and in the same manner as required of the committee on intermediate schools. That portion of The City east ot the center of Third Street shall constitute the Eastern District, and that portion west of said line the Western District. 210. The committee on German shall exercise a general supervision over the German department of the schools. They shall visit these departments at least once in each half year, and report their condition to the Board. 711. The committee on penmanship and drawing shall have the general supervision of this subject in the high, intermediate, and district schools. They shall visit each school once in each half year, and carefully examine the methods of instruction pursued, and make such suggestions for the ad- vancement and improvement of the pupils as they may deem necessary. They shall also, in the months of December and June, carefully examine the copy- and drawing-books of the various schools, and report in writing the re- sult to the board at the next regular meeting after such examinations. To enable the committee to expedite their labors, the principals shall collect the copy- and drawing-books in their respective schools and deposit them in the office of the superintendent at such times as he may direct, and assist in their inspection upon the call of the committee. 712. The committee on grievances shall investigate all cases of difficulty and misunderstanding between teachers, parents-and teachers, or teachers and pupils, and all other cases of difficulty, or grievances which may be referred to them: Provided, that all complaints shall be preferred in writing, specify- ing the charge or charges, and handed to the secretary of the Board, who shall furnish the chairman of the committee on grievances and the accused a copy of the same. When notified by the chairman to do so, the accused shall file his answer; and if,in the judgment of the committee, the proof be required, the chairman shall notify the parties interested of the time and place for them to appear with their witnesses before the committee, so that a fair and impartial investigation of the case may be made. Said committee, at the next stated meeting thereafter, shall report in writing an abstract of 649 650 SCHOOLS. school in another, and shall provide class books for chil- dren attending the public schools whose parents are un- able to furnish them. It is provided, however, that all white children over six years of age, within each district, shall have equal rights of admission to the schools of that district ; and that no catechism or other form of religious | the proof, together with the decision of the committee for the action of the Board. 713. The committee on rules shall consider and report on all additions, alterations, or amendments to the rules of the Board or of the schools; and no action shall be taken on any proposed addition, alteration, or amendment un- til reported upon by this committee. The annual report of this committee shall be made at the regular meeting in June. 714. The committee on colored schools of The City of Louisville shall have the immediate control and supervision of the colored schools, and report, from time to time, upon their condition, character and efficiency. They shall recommend to the Board suitably qualified persons as teachers for the colored schools. 215. The committee on normal class shall have the immediate control and supervision of said class, and shall nominate for election by the Board a com- petent person for the teacher thereof. 716. The committee on printing shall have charge of the printing of the manual of rules, of all forms, blanks, etc., for the use of the schools, and of all other matters of printing that may be referred to them. They shall invite the proposals of printers for all such work placed in their hands, and under instructions from the Board make contracts for the faithful performance of such work. 217. The committee on sanitary affairs shall examine all the schools in The City at least once during the year, and make to the Board such recommenda- tions concerning the hygiene of the schools as may seem to them proper and necessary. They shall consider and report upon all sanitary questions that may be referred to them. 218. The committee on amusements shall havecharge of the May-day pic- nic and other festivals given by the Board for the amusement of the children of the public schools, and shall carry out such arrangements as may be ordered by the Board for these occasions. 19. All calls for meetings of standing or special committees shall be issued by the secretary, upon notification by the chairman. 20. Reports of all committees shall be made in writing, and shall be signed by the members of the committee, or by the chairman for them. Art. IV. Rules of Order.—1. At the hour of meeting, or as soon there- after as a quorum shall be present, the president, or in the absence of the presi- dent and vice-president, a temporary chairman, elected by a quorum of the Board, shall call the Board to order, which shall proceed to business in the following manner: (1) Calling the roll; (2) Reading the minutes of the pre- vious meeting; (3) Report of the superintendent; (4) Report of the commit- SCHOOLS. belief shall be taught or inculeated, nor shall any class- book be used which reflects upon any religious denomina- tion; nor shall any of said schools be so conducted as to interfere with the religious belief of parents or pupils. The Board shall elect a secretary, who shall attend all meetings of the board, keep their records, and perform tee on finance; (5) Report of the committee on salaries and supplies; (6) Re- port of the committee on buildings; (7) Report of the committee on escheats and school-property; (8) Report of the committee on examination and course of study; (9) Report of the committee on high schools; (10) Report of the committee on intermediate schools; (11) Report of the committee on district schools, Eastern District; (12) Report of the committee on district schools, Western District; (13) Report of the committee on German; (14) Report of the committee on penmanship and drawing; (15) Report of the committee on grievances; (16) Report of the committee on rules; (17) Report of the committee on printing; (18) Report of the committee on sanitary affairs; (19) Report of the committee on colored schools; (20) Report of the com- mittee on the normal class; (21) Report of the committee on amusements; (22) Call of wards; )23) Report of special committees; (24) Deferred busi- ness; (25) New business. : 32. When a member is about to speak in debate, or to deliver any matter to the Board, he shall rise in his place and respectfully address the president. He shall confine himself to the question under debate and avoid all person- alities. 23. No member shall speak more than twice to the same question, unless permission be granted by the Board, nor more than once until all other mem- bers choosing to speak shall have spoken. Speeches of members shall be re- stricted to five minutes. 24. No member, while speaking, shall be interrupted by another, except by his own consent, or when a question of privilege or point of order is raised, 25. When a question is under debate no motion shall be received, except to adjourn, to lay on the table, for the previous question, to postpone to a cer- tain time, to commit, to amend, or to postpone indefinitely. 26. Every motion shall be reduced to writing, if the chairman so direct, or any member request it. 47. When a motion has been carried or lost, it shall be in order for any member who has voted with the majority to move for a reconsideration; and in case the motion be made at the same meeting, it shall be competent for a majority of the members present to pass a vote of reconsideration; but if it be made at a subsequent regular or called meeting, the subject shall not be reconsidered unless thirteen members of the Board shall vote therefor. No more than one motion for reconsideration of any vote shall be permitted. 28. Every member who shall be present when a question is put shall vote, unless the Board, for special reasons, excuse him. Z9. All motions and propositions may be referred to a committee, and all reports be recommitted at the pleasure of the Board. 652 SCHOOLS. \ é 3 such other duties as may be required of him by the said Board of Trustees; they shall also ele@t some competent person as superintendent, who shall perform such duties as may be required of him by the Board of Trustees ; and said secretary and superintendent shall receive an annual salary, to be payable by the Board monthly. 210. Any member may demand the division of a question when it em- braces two or more distinct propositions. 211. The vote ofsixteen members of the Board shall be necessary for the addition, repeal, amendment, or suspension of any standing rule of the Board or of the schools. 712. Thesense of the Board upon any question shall be taken by yeas and nays whenever demanded by any member. 718. All motions and resolutions for the appropriation of money shall be voted on by yeas and nays, after reference to the committee on finance, 214. When the Board is called upon to vote by yeas and nays on any ques- tion, it shall be the duty of the chair to ask if all the members are in the room; and if they are not, he shall require such as have been present, and may be in the building, to take their seats; and no vote shall be taken until such call has been made and due time for members to reach their places has: been al- lowed. 215. Inthe election of all officers and teachers the vote shall be taken viva voce. Art. V. Meetings.—The stated meetings of the Board shall be held on the first Monday of each month, at 8 o’clock p. M., from the first of April to the first of September; and at 73 o’clock Pp. M., during the remainder of the year. A majority of the members actually in office shall constitute a quorum. No member shall leave any meeting without consent of the presiding officer of the Board. At any meeting the Board shall stand adjourned, without motion, at 103 o’clock p.m. Called meetings shall be held whenever ordered by the president, or whenever requested by three members of the Board, or in the president’s absence. by any four members of the Board. No business shall be transacted except as specified in the call. Art. VI. Contracts.—31. No contract for building or supplies shall be made with any person or corporation in which any member of this Board is directly or indirectly interested. Art. VI. Employes.—3 1. No person shall be employed as professor, teacher, secretary, superintendent, or janitor, who has in the Board either father, brother, husband, or son. Duties of Officers —Art. I. Duties of the Superintendent.—Z1. The Super- intendent of the Public Schools shall act under the advice and direction of the Board of Trustees, and shall have the superintendence of all the schools controlled by the Board, school-houses, books, and apparatus. He shall de- vote himself exclusively to the duties of his office. He shall keep regular office hours, other than school hours, at a place to be provided for that pur- pose. He shall, as far as possible, acquaint himself with whatever principles and facts may concern the interests of popular education, and with all the SCHOOLS. 653 4. The said Board shall, at the end of each scholastic year, make out and report to the General Council of The City of Louisville a written or printed statement, in such form as may be prescribed by said Board, showing the nuinber of pupils in each of the schools, the condition and amount of property and funds belonging thereto, and matters pertaining in any way to the organization, discipline, and instruction of the schools, to the end that all the children in this City may secure the best education possible. 22. He shall visit each high and district school bi-monthly, or oftener, if his duties will permit, and shall pay particular attention to the classification of the pupils in the several schools, and to the apportionment among the classes of the prescribed studies. In passing daily from school to school, he shall endeavor to effect improvements snd remedy defects, and for that pur- pose shall require the principal of the school to accompany him in his exami- nation. 23. He shall inspect the grounds, buildings, furniture, and apparatus of the schools, and report to the Board whenever the provisions for warming, ventilating, or lighting the school-houses are unfavorable to the health and physical development of the pupils. He shall report such buildings as are not kept strictly clean and in good order, and such as are not convenient, attractive, and adapted to the best requirements. ; 94. He shall devise and report to the Board a system of blanks for regis- ters, reports, and other statistics, and prescribe rules for keeping and return- ing the same. He shall see that proper supplies are kept on hand for distribu- tion to the various schools. In order to secure uniformity, he shall require each teacher, except in such grades as he shall deem it inexpedient, to keep a daily record of the recitation and deportment of each pupil, according to the following method of notation—viz: 1 signifies very bad; 2, bad; 3, indiffer- ent; 4, good; 5, excellent, and 6, without fault. 25. He shall keep a book containing the addresses of other superintendents and educators with whom he can effect a regular exchange of school docu- ments. 26. At the regular meeting of the Board in the month of August in each year, he shall present a report of the progress and condition of the schools, and suggest such measures as in his judgment may conduce to their improve-. ment. This report shall be published in the annual report of the Board. 27. He shall see that indigent children are supplied with books and station- ery at the expense of the Board of Trustees, 28. He shall promptly notify the Trustees of any school when the weekly reports of principals show that the school has more than the required num- ber of teachers, and two weeks from the time of this notice the extra teachers must be dropped from the roll, unless the average attendance shall have sufli- ciently increased. If, however, there be an excess of pupils attending one school, and there be room in an adjacent ward-building for their accommoda- tion, the superintendent shall have power to transfer such number as he may Id., Section 79. 654 SCHOOLS. Id., Section 80. such other information as may be necessary to be laid be- fore the General Council of said City. 9. For the purpose of raising money for the mainte- nance of the said schools, the General Council shall, in the year 1870, and annually thereafter, cause to be levied and collected a tax of feventy-five® cents on each one hun- 3See amendment following. deem necessary, care being taken to select such pupils as reside nearest to the adjacent school. | 29. The superintendent of public schools shall have authority to send any principal to another school than his own to see the modes of government and instruction there pursued: Provided, that the principal so sent shall not leave his own school until after its opening, and shall return to it before its dis- missal. Art. II. Duties of Secretary.—31. The secretary shall attend all meetings of the Board of Trustees, and make a full and faithful record of their proceed- ings, and an index to the same. He shall record and report, monthly, a list of teachers employed by the Board and their respective salaries, as reported to him, and such bills as may have been audited by the committee on finance. He shall file all reports and communications that are accepted by the Board. He shall safely keep all books, documents, and papers belonging to the Board of Trustees. He shall notify individual members of every stated or called meeting of the Board. He shall notify all committees of their appointment, and the subjects referred to them, and deliver to the chairman a list of the members thereof. He shall call together the committees when notified to do so by the chairman. 72. He shall keep a regular set of books (journal, ledger, and cash-book), which shall exhibit at all times the exact condition of the finances of the Board, These books shall always be open to the inspection of the members of the Board and other citizens of Louisville. Heshall receive all money due the Board and disburse the same by their order, taking adequate vouchers therefor. All cheques for the disbursement of money in his hands shall be signed by the secretary and countersigned by the chairman of the committee on finance; or, in the absence of the latter from The City, or other disability, by the other members of said committee in order of appointment. Before entering upon the duties of his office, he shall give bond, with security, to be approved by the Board, for the faithful discharge of his duties, and for the re- ceipt and proper disbursement of all money coming into his hands. 23. Under the direction of the committee on supplies he shall furnish the schools with all blanks, registers, supplies, fuel, and necessary furniture. 24. At the end of each scholastic year he shall prepare and submit to the Board a detailed report of the cost of each school. 25. He shall keep all unexpended funds in one of the chartered banks lo- ee! _—* SCHOOLS. 655 dred dollars’ worth of real, personal, and mixed estate of all kinds, including moneys and choses-in-action, except such things as are exempt from taxation by the laws of the United States and of Kentucky: Provided, that such assessment shall only be made on personal estate, moneys, and choses-in-action so far as the same shall be in excess cated in this City, said funds to be deposited to his credit as secretary of the Board of Trustees. 26. He shall have and keep regular hours from 9 to 12 A.M. and from 3 to 5 Pp. M. 77. He shall make out a catalogue of the teachers for the year, together with the salary and grade of each, and publish the same in the annual report. Art. III. Duties of the Superintendent of German.—1. The superinten- dent of German shall be elected for a term of three years. He shall be the official organ of the committee on German, and have the power to give such advice and directions to the principals and teachers in the German depart- ment of the public schools as shall be deemed most efficient to promote a uni- form and steady progress in the study of German throughout The City; and it shall be the duty of those teachers to obey such directions. 22. He shall act with reference to general school matters conjointly with the superintendent of public schools, and in matters pertaining to the Ger- man department, under the advice and direction of the committee on Ger- man; shall devote himself during the daily session of the schools exclusively to the discharge of his duties, and keep one daily office-hour after the close of the schools. 23. At the regular meeting of this Board in the month of August in each year he shall present a report of the progress and condition of the German department, and suggest such measures as in his judgment may cause the improvement thereof. This report shall be published in the annual report of the Board. He shall submit to the committee on German quarterly reports, embracing, besides a general review of the progress made from time to time, such statistical notes and information as will admit of a correct judgment upon the favorable and unfavorable results attained in this department. 74. It shall be his special duty to visit the schools and see that the daily in- structions are carried on properly and profitably. For this purpose he shall, whenever it appears to be necessary or desirable, proceed himself with actual instruction of classess in the presence of their respective teachers. 25. It shall be further his duty to call a meeting of the German teachers whenever it appears necessary, expedient, or desirable, for the purpose of dis- cussing with them the course of study, and to point out the best manner of carrying out the same. 26. He shall also teach the classes in German in the Eighth- Ward School. 77. In other respects he shall conform to the general rules governing the public schools in The City of Louisville. 78. He shall have charge of the German department of the normal class Art. IV. Duties and Compensation of the Attorney of the Board—The term of office of the attorney of the Board is fixed at three years. It shall be his 656 SCHOOLS. . of the owner’s debts; and upon the completion of the as- sessment of property for taxation, the amount levied as above shall annually be passed to the credit of the School Fund upon the books of The City of Louisville, and the said amount shall be paid over to the Board of Trustees by the Receiver of Taxes in regular semi-weekly install- duty, when applied to by the officers of the Board, to give advice upon all le- gal questions of interest to the Board; to conduct all legal cases in which the board is concerned; to examine and report upon titles of property; to attend to the interests of the Board regarding escheated property, fines, and gene- rally the legal matters; and for compensation he shall be allowed twenty-five per centum of all the escheated property; and he shall receive no other com- pensation except by special provision of the Board. Art. V. Duties and Compensation of the Carpenter of the Board—The term of office of the carpenter of the Board is fixed at three years. Under the di- rection of the committee on buildings and the superintendent, he shall keep the school-houses, fences, and furniture in proper repair, himself doing such repairing as can be done without assistance, and superintending such assist- ance as may at any time be necessary. He shall do no work except such as may be directed by the committee on buildings, or the superintendent or sec- retary. When required by the superintendent, he shall make and file in the office of the secretary a complete inventory of all apparatus, reference-books, clocks, thermometers, chairs, bells, settees, mats, black-boards, composition- boards, desks, maps, cards, and other movable.property belonging tothe seve- ral schools. For compensation he shall be allowed $900 a year. The Board reserves the right to dismiss the carpenter on one week’s notice. Scuoot Disrricts.—District Intermediate Schools.—First District Inter- mediate School, corner Market and Wenzel streets——The District shall be that part of The City east of the center of Hancock Street. Second District Intermediate School, corner Floyd and Chestnut streets ——The District shall be that part of The City between the centers of Hancock and First streets. Third District Intermediate School, corner of Center and Walnut streets — The District shall be that part of The City between the centers of First and Tenth streets. Fourth District Intermediate School, Seventeenth and Madison.—The District shall be that part of The City between the center of Tenth and Twenty-first streets, and also that portion south of Main and west of Twenty-first Street. Fifth District Intermediate School, corner of Thirty- fourth and High Avenue, Portland.—The District shall be that part of The City west of the western line of Fourth Intermediate School District. District Secondary Schools.—First District Secondary School and Branches, Cable Street, between Main and Washington.—The District shall be that part of The City bounded by a line commencing at the intersection of Hancock Street and the river; thence south with Hancock Street to Beargrass Creek; thence east with Beargrass Creek to Wenzel Street; thence south with Wen- ze] Street to Jefferson Street; thence east with Jefferson Street to Baxter Avenue; thence southeast with Baxter Avenue to Beargrass Creek; thence east with Beargrass Creek to the City limits; thence northwest with City ee SCHOOLS. — - ‘ —— = - ments, the first payment to be made in the year eighteen hundred and seventy, within one week after the collection of said amount shall have been commenced, and the other payments to be made semi-weekly thereafter, in current money, by the said Receiver of Taxes ; and for the same purposes, and no other, shall be appropriated the sum or limits to the river; thence west with the river to Hancock Street. Those children under eight years of age living on the east side of Wenzel, between Main and Jefferson, and on both sides of Market, between Wenzel and John- son, and on north side of Jefferson to railroad crossing, shall be permitted to attend the Second-Ward School without permits. Overhill-Street Secondary School, Overhill Street, between Broadway and Underhill_—The District shall be that part of The City bounded by a line commencing at the inter- section of Jefferson and Wenzel streets; thence east with Jefferson Street to Baxter Avenue; thence southeast with Baxter Avenue to Beargrass Creek; thence east with Beargrass Creek to City limits; thence southeast and south- west with City limits to Beargrass Creek; thence west and north with Bear- grass Creek to Broadway bridge; thence on a line with Wenzel Street ex- tended to Jefferson. Second- Ward Secondary School, Market Street, between Campbell and Wenzel.—The District shall be that part of The City bounded by a line commencing at the intersection of Wenzel and Beargrass Creek; thence with Beargrass to the center of Shelby; thence south to center of Main; thence west to center of Clay; thence south to center of Jefferson; thence east to center of Shelby; thence south to center of Walnut; thence east to Wenzel; thence north with Wenzel to place of beginning. Third District Secondary School, Broadway, between Clay and Shelby _streets.—The District shall be that part of The City bounded by a line commencing at the intersection of Jackson Street and the southern boundary of The City; thence running northwardly to center of Broadway; thence east to center of Hancock; thence north to center of Chestnut; thence east to center of Shelby; thence north to center of Walnut; thence east to Wen- ze] Street; thence south with Wenzel Street extended to Broadway and Beargrass Creek; thence south with Beargrass Creek to the City limits; thence south and west with City limits to the place of beginning. Fourth District Secondary School, Waluut Street, between Jackson and Han- cock.—The District shall be bounded by a line commencing at the inter- section of Clay and Market streets, running thence to the center of Preston ; thence south to center of Broadway; thence east to the center of Hancock; thence north to the center of Chestnut; thence east tothe center of Shelby; thence north to the center of Jefferson; thence west to the center of Clay; thence north to the center of Market. Main Street District Secondary School, Main Street, between Jackson and Hancock.—The District shall be bounded by a line commencing at the intersection of the river and Hancock Street; thence with Hancock Street to Beargrass Creek; thence east with Beargrass Creek to the center of Shelby Street; thence south with Shelby Street to the center otf Main Street; thence west with Main Street to the center of Clay Street; thence south with Clay Street to the center of Market Street; thence 42 658 SCHOOLS. sums which may be received from year to year as the por- tion of the said City of the school-fund of this common- wealth, and so much as may arise from real, personal, or mixed property in The City of Louisville, which from alienage, defect of heirs, or failure of kindred capable in law to take the same, shall escheat to the Commonwealth west with Market Street to the center of First Street; thence north with First. Street to the river; thence with the river to the place of beginning. Fifth District Secondary School, corner Floyd and Chestnut streets.—The- District shall be that part of The City west of the Western line of Third and Fourth Secondary School Districts, and east of a line commencing at the center of First and Main; running thence south to the City limits. Sixth District Secondary School, Gray Street, between First and Second.— The District shall be that part of The City between First and Third streets. Seventh District Secondary School, corner Fifth and York streets.—The Dis- trict shall be that part of The City between Third and Seventh streets lying south of Chestnut. Eighth District Secondary School, corner Walnut and Center streets-The District shall be that part of The City between Third and Seventh streets lying north of Chestnut. Ninth District Secondary School, corner Ninth and Magazine streets——The District shall be that part of The City west of the western line of the Seventh and Eighth Secondary School Districts and east of Tenth, from the canal to the center of Chestnut; thence with Chestnut to the center of Twelfth; thence with Twelfth to Broad- way; thence with Broadway to Fourteenth; thence with Fourteenth to the City limits, the southern boundary of The City, excepting that part assigned to the Tenth-Ward Branch School. Tenth District Secondary School, cor- ner Thirteenth and Green streets.—The District shall be that part of The City west of the western line of Ninth Secondary District, and east of a line commencing at the corner of Fourteenth and the canal, running thence south to the center of Main Street; thence southwest to the center of Fifteenth and Market streets; thence south to Walnut Street; thence south- east to the center of Madison and Fourteenth streets, and south to the City limits, excepting that part assigned to the Tenth-Ward Branch School. Thirteenth Street Secondary School, Thirteenth near Maple——The District. shall commence at Twelfth and Magazine, and run thence with Magazine to Fourteenth; out Fourteenth to City limits; thence east to Tenth, in Tenth to Maple; thence west to Twelfth, in Twelfth to Magazine. Duncan Street School, corner Seventeenth and Duncan streets——The District shall be that part of the Eleventh Ward west of the western line of the Tenth Secondary District, and north of Jefferson Street. Madison Street (District Secondary) School, Madison and Seventeenth streets.—The District shall be that part of the Eleventh Ward west of the western line of the Tenth Secondary District, and between Jefferson and Broadway. Grayson Streeet School, Grayson, be- tween Twenty-second and Mercer streets——The District shall be that part of the Twelfth Ward south of Duncan Street. Montgomery Street School, corner Montgomery and Twenty-fifth streets, Portland.—The District shall be that part of The City west of the western line of the Eleventh Secondary District, SCHOOLS. of Kentucky, and which is hereby declared vested in said Board of Trustees for the use and benefit of said schools ; and the said Board of Trustees, by the president thereof, or such officers as the board may appoint for that pur- pose, shall enter upon and take possession of any and all such property, and by its title shall be a corporation, and in the name of its president may sue for and recover the same, or any chose-in-action, right, or credit of such de- cedent, and reduce the estate into possession as aforesaid, without office found; and said Board may sell, and the president thereof convey, all such property by warrant or deed or otherwise, as in the opinion of said Board may be and east of the center of Third Street, Portland, and south of the canal. Portland (District Secondary) School, corner of Thirty-fourth and High Avenue, Portland.—The District shall be that portion of The City west of the western line of the Montgomery Street School District, and south of the canal. District Primary and Branch Schools —New Jerusalem School.—The Dis- trict shallinclude that part of The City known as New Jerusalem. German- town School.—The District shall be that part of The City lying south of Kentucky Street and east of Clay Street. Fifth Ward Branch School, Floyd, between Breckinridge and St. Catharine.—The District shall be that part of the Fifth Ward south of Breckinridge Street. Sixth Ward Branch School, St. Catharine, between First and Second.—The District shall be that part of the Sixth Ward south of Breckinridge Street. Bullitt Street Branch School, Bullitt, between Main and river.—The District shall be that portion of The City between Main Street and the river and First and Twelfth streets. Cali- fornia School, corner Kentucky and Seventeenth streets——The District shall be that part of the Eleventh Ward south of Broadway. Shippingport School, Shippingport.—The District shall be that part of The City north of the canal. Colored Schools.—Fulton Colored Primary School, Elm and Pocahontas streets.—The District is included in that of the Eastern Colored School. Eastern Colored Secondary School, Jackson and Breckinridge streets.——The District shall be that part of The City from the center of BrookStreet east to the City limits, except that part of the First Ward included in the District of the Ful_ ton Colored School. Central Colored Intermediate School, Sixth and Ken- tucky.—The District shall be that part of The City from the center of Brook Street west to the center of Tenth. Western Colored Secondary School, Maga- zine, between Sixteenth and Seventeenth.—The District shall be that part of The City from the center of Tenth Street west to City limits, except that part assigned the Portland Colored School. California Colored Primary School, Harney Street, between Sixteenth and Seventeenth. Portland Col- ored Primary School, Twenty-eighth and Lytle streets——The District is in- cluded in that of the Western Colored School. 660 SCHOOLS. deemed to the best interest of said schools. The Male High School shall be; in fact and in law, a college, entitled to the rights, privileges, and immunities enjoyed by other colleges in this commonwealth ; and, on the reeommenda- tion of its faculty, the Board of Trustees aforesaid shall An act to amend an act entitled An act establishing a new charter for The City of Louisville, ap- proved March 5, 18/0/28 Ap = proved March 24,1880. Sec- tion 1. ) The charter, act of Mar. 3, 1870. | Sec. 81. have the power to confer any and all degrees that may be lawfully conferred by any college or university in the Com- monwealth of Kentucky, and attest the same by a diplo- ma, under the seal of the institution, signed by the presi- dent, vice-president, and secretary of said Board of Trus- tees, and the faculty of the said Male High School. 6. The eightieth Section of an act, entitled ‘‘An act establishing a new charter for The City of Louisville,” approved March 38, 1870, be amended by striking out the words ‘‘twenty-five cents,’’ and inserting in lieu thereof the words ‘‘ thirty cents’”’: Provided, however, that this amendment shall not take effect until it is ratified by the qualified voters of The City of Louisville, at the ensuing general election in August, 1880; and for the purpose of ascertaining the sense of the people of The City, it shall be the duty of the judges of the election to ask each voter if he votes for or against the school-tax ; and it shall be the duty of the clerk to record the names of those voting for and those voting against said tax ; and the votes on this subject shall be counted, and the result certified in the same manner as provided by law for other elections held on said day ; and if the majority of those who vote on this subject at said election vote for said tax, it shall be the duty of the General Council to levy said tax of thirty cents instead of | twenty-five cents, as originally provided in said act. 7. For the purpose of raising money to enable said Board of Trustees to build or procure such school-house or school-houses in each ward as hereinbefore provided, for the use and benefit of such schools, the General Coun- cil shall cause to be levied and collected annually a tax of eight cents on each one hundred dollars’ worth of real estate and improvements assessed for taxation as afore- SCHOOLS, said ; but this levy is only to be made for three years, un- less ordered by the Council to continue. 8. It shall be the duty of the Board of Trustees, upon the completion of the assessment of property for taxation, annually to ascertain the sum likely to accrue from taxa- tion for the said schools for the current fiscal year ; also to ascertain and estimate, as correctly as may be, the whole amount of means applicable to educational pur- poses for the current fiscal year; and said Board of Trus- tees shall not expend or contract for the payment of a larger sum than the amount estimated to be received for the year: Provided, however, that this Section shall not be construed so as to prevent said board from receiving or expending any sum or sums that may come to them by gift or devise, or by any law of the commonwealth or or- dinances of The City passed according to law. 9. The said Board shall have power to examine, or cause to be examined by competent persons, all applicants for the office of professor or teacher in said schools. 10. No portion of the property or funds held or raised for said schools shall. ever be applied to the support of any school or schools not entirely under the same control and management, in every particular, as the public schools of Louisville are. 11. The Board of Trustees shall have the power to fill all vacancies in their Board, occasioned by death, removal, resignation, or other cause, occurring in the interim of the . general elections. The persons so elected shall hold their offices until the next succeeding general election. The Board shall have the power to admit to the said schools under their control pupils from beyond the limits of The City, and may collect from all persons so admitted tuition fees for the benefit of the school-fund of The City, mak- ing an equitable allowance or deduction for taxes of such children or their parents on property in The City; and children of persons residing outside of the City limits shall not be admitted as pupils in any of the public schools Id., Section 82. Id., Section 88. Id., Section 84. Id., Section 86. SCHOOLS. la Section 8&6. Id., Section 87. An act to amend an act entitled An act to amend the charter of The City of Louis- ville, approved April 19, 1878. Approved Apr. 10, 1878. Sec- tion 1. except upon the payment of such tuition fees as the said Board may require as aforesaid. 12. Neither the General Council of The City of Louis- ville nor Board of Trustees of said schools shall suffer children of the African race to become pupils of said schools with white children; and the said General Coun- cil and Board of Trustees shall keep as a separate fund the school-tax levied by said City and paid by persons of the African race within said City, and shall apply and use said school-fund or tax so paid by persons of the African race in the education of the children of the African race residing within said City, or who pay a school-tax in said City ; and such fund to be used alone for the educational benefit of the children of said African race. 18. Said Board shall have the authority to borrow money, in sums not to exceed twenty thousand dollars per month, for a term not to exceed three months, to meet the current expenses of said schools, said Board pledging as security for the payment of such loans the proceeds of the school-tax levied and collected during such year as the said loans may have been effected. 14. No person shall be eligible as Trustee of said schools who has not attained the age of thirty years and is not the owner of real estate or a housekeeper ; who is not a citizen of the United States and a bona fide resident of the ward for which he may be chosen, or who has not been a resi- dent of the Commonwealth of Kentucky for five years and of The City of Louisville three years next preceding his election ; or who holds or discharges any office to which he has been, under existing laws, elected by popular vote ; or who is, at the time of his election, interested in any con- tract with the said Board of Trustees of Public Schools; or who holds any office of trust or salary in any corpora- tion which holds any contract with said Board of Trustees or The City of Louisville, the terms, rates, or prices where- of are subject to modification or enforcement by said Board of Trustees or City of Louisville ; or whose father, SCHOOLS. 663 son, brother, wife, daughter, or sister is employed as a teacher or professor in the Male High School, Female High School, or any of the public schools of Louisville, at the time of his election; or who is a member of either Board of Council, or interested in the purchase or sale of books or stationery, or both, or agent therefor. And if, after election, any member of said Board of Trustees should remove out of the ward for which he was chosen, or become a candidate for or accept any office which would render him ineligible, or should become interested in any contract with said Board of Trustees; or if his father, son, brother, wife, daughter, or sister should be employed as a teacher or professor in either of the said high schools or other public schools of Louisville, his seat shall thereby be vacated, and the vacancy supplied as hereinbefore pro- vided. 15. The Board of Trustees of Public Schools shall judge of the qualifications of its members; and the secretary of said Board shall give good and sufficient security for all money that may come into his hands. 16. The Board of Trustees of the Male High School, the Female High School, and the Public Schools of The City of Louisville, shall have power to admit to the said schools under their control pupils from beyond the limits of The City who, or whose parents, pay taxes on property within the limits of said City : Provided, however, that they may collect from all persons so admitted such tuition fees for the benefit of the school-fund of said City as said Board may by rule establish, making an equitable deduction for the taxes of such pupils or their parents, so paid by them for City taxes as aforesaid. 17. The General Council of The City of Louisville is authorized to cause eighty-five bonds of said City, for one thousand dollars each, bearing interest at the rate of seven per cent. per annwm, payable semi-annually, with cou- pons attached therefor, to be executed and delivered to the Board of Trustees of the Male High School, Female The charter, act of March 38, 1870. Sec. 121. An act for the benefit of the public schools of The City of Louis- ville. Approv- ed Apr. 8, 1880. Sec. 1. An act for the benefit of the public schools in The City ot Louis- ville. Approv- ed Jan.17,1870. Sec. 1. 664 AD act tor the benefit of thie papain schools of The City of Louis- ville. Approv- ed January 31, 1878. Sec. 1. Id., Section 2. SCHOOLS. High School, and other public schools of The City of Louisville, of which twenty-one shall be payable two years after date, twenty-one shall be payable three years after date, twenty-one shall be payable four years after date, and twenty-two shall be payable five years after date. 18. Whereas, by an act entitled ‘‘ An act for the bene- fit of the public schools in The City of Louisville,”’ ap- proved January 17, 1870, the General Council of The City of Louisville was authorized to execute and deliver to the Board of Trustees of the Male High School, Female High School, and other public schools of Louisville eighty-five bonds of said City, for one thousand dollars each, bearing interest at the rate of seven per cent. per annum, and the Sinking Fund of said City was charged with the principal and interest of said bonds; and the Receiver of Taxes of said City was directed to pay out of the school-revenue to the Commissioners of the Sinking Fund sufficient to meet the principal and interest of said bonds at maturity, and twenty-one of said bonds have been paid; and it has been represented that if the school-revenues are relieved of the payment to the Sinking Fund of the remaining sixty-four bonds, and thus relieved appropriated to the construction of three school-houses for colored children in Louisville, the School Board will be enabled to provide adequate edu- cational facilities for the colored children of said City ; now, therefore, to effectuate these ends: 19, The second Section of an act entitled ‘‘An act for the benefit of the public schools in The City of Louisville,”’ approved January 17, 1870, shall be and read as follows: The Sinking Fund of The City of Louisville is charged with the payment of the principal and interest of the said bonds. 20. The portion of the school revenues which, under the act mentioned in the first Section of this act, would have gone to the Commissioners of the Sinking Fund, shall be appropriated and used by the Louisville School Board in the construction and equipment of three school- SCHOOLS. houses for colored children, to be respectively located in the eastern, western, and central portions of The City of Louisville ; and the said school-houses, and the schools to be established and operated therein, shall be under the: control and management of said School Board : Provided, however, that any balance left after building said houses shall be set apart and invested for the benefit of the col- ored schools, and the interest arising therefrom shall be exclusively and sacredly applied to the payment of teach- ers of said schools, and for their maintenance and opera- tion. 21. There shall be a commissioner of common schools in each of the counties of the State, who: shall possess a fair English education, good moral character, and ability to manage the common-school interest of the county effi- ciently; but in addition to the Commissioner for the County of Jefferson, there shall also be one for The City of Louis- ville, who shall be elected by the General Council of said City, during the month of November, 1870, and biennially thereafter ; the duties of said Commissioner within said City shall be the same as those prescribed for other com- , missioners, and his compensation shall be fixed by said City Council and paid out of the City treasury. 22. It shall be the duty of the Commissioner, whenever any district or districts shall be legally entitled to their proportion of the revenue, estimated and apportioned for that school year, or to part thereof, as provided in Sec- tion 7, Article 1, of this chapter, to draw an order on the Auditor of Public Accounts for such distributable share or shares. The order, when countersigned by the Super- intendent, shall entitle the Commissioner to a warrant on the treasury for the amount thereof, which he shall imme- diately collect and pay out to the teachers of such dis- tricts as may be respectively entitled thereto ; but if any city or town, organized as one district, as provided by this act, he shall pay the same over to the treasurer of the board of trustees or school board of such city or town. In case the Commissioner shall fail or refuse, for 665 An act to re- vise, amend, and reduce to one the laws relating to the common schools of Ken- tucky. Ap- proved March QI St STO> SATs 4, Sec. 1. ld Art. 4. Sec- tion 8. 666 SCHOOLS. Td., Art. 5, See- tion 6. Mids! path. fhe > Sec. 3. Am Het, to amend an act entitled An act to revise, amend, and re- duce to one the laws relating to the common schools of Ken- tucky. A‘p- proved March 3, 1871. Sec- tion 7. thirty days after collecting the amount thus due, or after he could have collected the same, to pay the teacher, he and his sureties shall be liable to the person aggrieved for the amount due, and thirty per centwm damages, which may be recovered by action or motion in the court having jurisdiction thereof. 23. Whena city, town, or village establishes and main- tains a system of common schools adequate to the teach- ing of all the children therein, and which all applying for instruction are permitted to attend free of charge, the same shall be deemed one district, and entitled to its pro- portion of the school-fund. Such city or town shall, through its school-agents or other officers deputed for that purpose, make its annual report to the Commissioner of the County, for the several schools therein, at the time and in a similar manner to that required of trustees of other districts. They shall also take the census of the white children therein, and make return thereof to such Commissioner as, and at the time, trustees are required by this chapter to do; and shall, for neglect or violation of their duties in that respect, be liable to the same pen- alties. The Commissioner shall have no control over the schools in such districts; but the same shall be governed in all respects by the local authorities. 24. All general laws, or parts of general laws, now in force which conflict with this act, are hereby repealed. But this act is not to affect, modify, or repeal any local or special law which establishes any city or town in one dis- trict, but the same shall be governed in all respects by the local laws and authorities. 29. It shall be the duty of each Commissioner, on or before the tenth day of January, April, and July in every year, to prepare and cause to be placed in the hands of the Superintendent of Public Instruction a report, certi- fied by the County Judge or Clerk as having been sworn to by him, showing the districts in which schools have been taught for a full session, and those in which schools have ’ SCHOOLS. been taught for one half the session, as required in Sec- tion 5 of this amendment; and if said report is approved by the Superintendent, he shall certify the amount due for said schools to the auditor, who shall draw his war- rant on the treasury in favor of the Commissioner in pay- ment of the same, which he shall collect as soon thereaf- ter as possible, and when collected pay over to the trus- tees of the districts in proportion to the amounts they are respectively entitled to, for the use and benefit of the teachers thereof: Provided, that in cities organized as one district the president or chairman of the school board of such cities shall make the report required of them by this act under oath, direct to the Superintendent of Public Instruction, and draw an order on the Auditor of Public Accounts in favor of the treasurer of such school board, which, when approved and countersigned by the Super- intendent of Public Instruction, shall entitle such treas- urer to a warrant on the treasury of the State for the amount thereof; and the said treasurer and his securities: shall be accountable for the same upon his official bond in any action by such school board: Provided further, that no part of the ‘‘County Commissioner’s Fund,’’ or his compensation provided for in Section 2 of this act, shall be deducted from the money to which such City is entitled. That so much of Section 8, Article 4, as comes in conflict with the provisions of this Section is hereby repealed. 26. The pay of the School Commissioner of The City of Louisville during the school-year ending June, 1871, Shall be fixed by the Mayor, City Attorney, and Assistant City Attorney of Louisville: Provided, the amount of said pay shall not exceed the amount of commissions received by the other School Commissioners of the commonwealth. 27. The Superintendent of Public Instruction shall, on or before the first of August in each year, ascertain and estimate, as near as may be, the net revenue that will ac- crue from all sources during the school-year, the pro rata share thereof each white child will be entitled to accord- 667 An act relat- ing to the office of School Com- missioner of The City of Louisville. Approved Mar. 22, 1871. Sec- tion 1. The General Stat Utes eOn Kentucky. Art:..i,.. See:7, Chap. 18. 668 SCHOOLS. Id., Art. i, See- tion 9. Id., Art. vy, Sec- tion 1. ing to the whole number of white children between the ages of six and twenty years in the State, and the pro- portion thereof each county and each district will be en- titled to, according to the whole number of such children residing in each county and district respectively, as shown by the returns of the county commissioner. If at the time of making such estimate and apportionment the tax- book or census returns of the commissioner for any county has not been made to him, he shall use the returns made and tax-book for the previous year. It shall be the duty of the Superintendent, on or before the first day of August, to file a copy of said estimate and apportionment with the Auditor of Public Accounts, and to inform each county commissioner of the amount each district of each county will be entitled to. It shall be the duty of the Auditor to furnish to the Superintendent such facts and statements as may be needed in making the estimate and apportionment. Whatever difference may exist between the actual and estimated revenue of the school-fund for any school-year shall be taken into the account of the estimate and apportionment for the succeeding school- year. 28. The provisions of the foregoing Sections shall apply to all cities and towns reporting as one district, which have not now the privilege of levying a special school-tax, except that such cities and towns, for the purpose of establishing a graded system of free schools, may levy a tax, not exceeding thirty cents in any one year, on the hundred dollars’ worth of taxable property in the district. 29. There shall be a Commissioner of Common Schools in each of the counties of the State, who shall be pos- sessed of moral character and ability to manage the com- mon-school interests of the county efficiently. He shall possess a good English education, and shall be competent to examine the teachers who shall apply to teach the com- mon schools in the county, and to correctly certify the same. In addition to the Commissioner for the County of Jefferson there shall be one for The City of Louisville, SCHOOLS. 669 who shall be elected by the General Council of said City during the month of November, 1874, and biennially thereafter ; the duties of said Commissioner within said City shall be the same as those prescribed for other com- missioners, and his compensation shall be fixed by said City Council, and paid out of the City treasury. 30. It shall be the duty of each commissioner, on or be- fore the first day of June of each year, to prepare, mail to, and cause to be placed in the hands of the Superintendent of Publie Instruction a report certified by the County Judge or Clerk as having been sworn to by him, showing the whole number of white children, between the ages of six and twenty years, residing in his county, and the whole number residing in each district, described by its number, of his county. Heshall base his report upon the census taken during the month of April, and reports thereof made to him by the district trustees. If such re- ports are not in from any district by the tenth day of May, the commissioner shall appoint a suitable person to take the census of such district, who shall be paid a reasonable compensation for his services, out of the amount due that district for the next school-year. 31. It shall be the duty of each commissioner, on or before the fifteenth of November, February, May, and the first day of July in every year, to prepare and cause to be placed in the hands of the Superintendent of Public In- struction a report, certified by the County Judge or Clerk as having been sworn to by him, showing the districts in which schools have been taught fora full session, and those in which schools have been taught for one half the ses- sion; and if said report is approved by the Superintendent, he shall certify the amount due for said schools to the Au- ditor, who shall draw his warrant on the treasury in favor of the commissioner in payment of the same, which he shall collect as soon thereafter as possible, and when col- lected pay over to the teachers of the districts in propor- tion to the amounts they are respectively entitled to for the use and benefit of the teachers thereof: Provided, Id., Art, ¥, Sec- tion 7. Id., Section 8. 670 Id., Art.vi, Sec- tion 6. SCHOOLS. that in cities organized as one district the president or chairman of the school board of such cities, shall make the report required of them by this act under oath, direct. to the Superintendent of Public Instruction, and draw an order on the Auditor of Public Accounts in favor of the treasurer of. such school board, which, when approved and countersigned by the Superintendent of Public In- struction, shall entitle such treasurer to a warrant on the treasury of the State for the amount thereof ; and the said treasurer and his securities shall be accountable for the same upon his official bond in any action by such school board: Provided further, that no part of the ‘‘ County Commissioner’s Fund,’’ or his compensation provided for in Section 12, Article 1, of this act, shall be deducted from the money to which such city is entitled. All reports made to the commissioner shall be carefully filed and pre- served by the commissioner and shall be subject to his revision and correction if mistakes should be detected therein. . 02. When a city, town, or village establishes and main- tains a system of common schools adequate to the teachings of all the children therein, and which all applying for in- struction are permitted to attend free of charge, the same shall be deemed one district, and entitled to its proportion of the school-fund. Such city or town shall, through its school-agent or other officers deputed for that purpose, make its annual report to the commissioner of the county for the several schools therein, at the time and in a simi- lar manner to that required of the trustee of a district. They shall also take the census of the white children therein, and make return thereof tosuch commissioner as, and at the time, trustees are required by this chapter to do; and shall, for neglect or violation of their duties in that respect, be Hable to the same penalties. The com- missioner shall have no control over the schools in such districts ; but the same shall be governed in all respects by the local authorities. SCHOOLS. 33. But this act is not to affect, modify, or repeal any local or special law which establishes any city or town in one district ; but the same shall be governed in all respects by the local laws and authorities. 34. The net proceeds of any estate embraced in this chapter, which may be paid into the treasury, shall be reimbursed to the proper owner, who had not before as- serted claim thereto by petition or otherwise, upon his producing to the Auditor evidence of the justice of his claim, certified to be competent by a majority of the Judges of the Court of Appeals. In such cases the At- torney General, if he deems it proper, shall be allowed time to adduce countervailing evidence before such cer- tificate is given. | 39. There shall be a uniform system of common schools for the colored children of this commonwealth. 36. The number of colored children in each district, between the ages of six and sixteen years, shall be taken and reported at the same time and in the same manner as required by law for taking the census of white chil- dren; and the distribution of the colored school-fund shall be made at the same time and in the same manner as provided by law for the distribution of the school-fund for white children. 37. It shall not be lawful for any colored child to attend a common school provided for white children, nor for a white child to attend a school provided for colored chil- dren. 38. The Board of Trustees of the Public Schools of The City of Louisville are hereby authorized and empowered to use the surplus or balance remaining after the building of the school-houses for colored children, provided for in an act entitled ‘‘An act for the benefit of the Public Schools of The City of Louisville,’ approved January 31, 1873, amounting to about the sum of forty-five hundred dollars, to the erection, purchase, or procuring of two other school-houses for colored children, to be situate, Id., Chapter 36, Art. v, Sec. 6. An act to establish a uni- form system of common scho’ls for the colored children of this commonwe lth. Approved Feb. 28, 1874. Sec- tion 1. Id., Section 8. Id., Section 16. An act to amend an act entitled an act for the benefit of the public schools of The City of Louis- ville, approved Jan. 31, 1878. Approved Feb. 1; 1876. 672 An act for the benefit of the public schools of The City of Louis- ville. proved 1876. Ap- Feb. 1, Sec. 1. Id., Section 2. An amen charter act to dat be of The City of Louis- ville proved 1880. Mgt She Apr. 8, sec... SCHOOLS. one in the eastern and one in the western part of said City of Louisville. 39. For the purpose of enabling the Board of Trustees of the Male High School, the Female High School, and the Publie Schools of The City of Louisville, to build, en- large, procure, repair, or purchase such school-house or school-houses as may be necessary or suitable in the vari- ous wards of said City for the use of white children, the General Council of Louisville shall cause to be annually levied and collected a tax of eight cents on each one hun- dred dollars’ worth of real estate and improvements and mixed property, and on such personal property, money, and choses-in-action, as shall exceed the owner’s debts, now subject to taxation within the taxable limits of said City. Said tax, when levied, shall be passed to the credit of the school-fund on the books of The City of Louisville, and shall be paid to the said Board of Trustees by the Receiver of City Taxes in the same manner that other funds belonging to said Board are now paid over by said City. 40. This tax shall only be levied annually for five years: Provided, that this tax shall only be levied for one year, unless the voters of Louisville, at the next regular ensu- ing municipal election, order it to be continued; and it shall be the duty of the Mayor and General Council to submit the matter to the voters of Louisville at said time ; and it shall be the duty of the officers of the election to ask each voter whether he votes for or against the school- tax; and if a majority of those voting on this question vote in favor of said tax, then it shall be continued to be levied and collected for three years more by said General Council. 41. The City of Louisville is hereby constituted a school district, which shall be under the management and con- trol of the Board of Trustees of the Male High School, the Female High School, and the public schools of The City of Louisville, and all the property therein, both real, per- SCHOOLS. sonal, and mixed, including money and choses-in-action, except such things as are exempt from taxation by the laws of the United States and of Kentucky, shall be as- sessed and taxed for school purposes in said district: Provided, that such assessment shall only be made on per- sonal estate, money, and choses-in-action, so far as the same shall be in excess of the owner’s debts: Provided, that the provisions of this act shall not apply to any per- son residing outside of the limits of The City of Louisville and owning personal property, choses-in-action, money, etc., within said City, who does not avail himself of the benefits of the City schools. 42. No principal of any school, and no principal or teacher of any private, sectarian, or other school, shall admit to any such school any child or minor who shall not have been vaccinated within five years next preced- ing the admission, or application for admission, to any such school of such child or minor, nor shall any princi- pal or teacher retain in or permit to attend any such school any child or minor who shall not have been vaccinated within five years next preceding the taking effect of this statute. The evidence of such vaccination to be presented to any such principal or teacher as is mentioned above shall be a certificate signed by the Health Officer or any practising physician. 43. The Health Officer is hereby empowered to visit any and all public and private schools in The City, and to make, or cause to be made, an examination of the chil- dren and minors in attendance therein as often as he may deem necessary to secure compliance with the provisions hereof. 44, Any principal of a public school, or principal or teacher in any private or other school who shall violate any of the provisions of this statute, or shall in any way prevent, or attempt to prevent, the Health Officer from exercising the power conferred by this act, shall be fined for each offense not less than five dollars nor more than 43 673 An act to amend the charter of The City of Louis- Ville... Ap- proved Apr. 8, 1882. Sec. 20. Id., Section 21. Id., Section 22. 674. An act to amend Art. 1 and Article 5, Chap. 36, of the General Stat- utes of Ken- tucky, entitled Escheats and Escheators, so far as the same shall apply to The City ‘of Louisville. Approved Apr. 22, 1882. Sec- tion 1. Id., Section 2. SCHOOLS. one hundred dollars, recoverable upon ordinance-warrant in the City Court, and paid into the City treasury. 45. Article 1, Chapter 36, General Statutes, be amended as follows: ‘‘Thatall property, rights of property, credits or moneys held on deposit or otherwise, the last-kKnown owner of which has not been heard of for eight years, and has not exercised any act of ownership over the same for eight years, shall vest in the commonwealth, without office found, and may be recovered by the commonwealth by an action in equity ; the receipt of the Auditor or the order or judgment of a court of equity shall be a full discharge or acquittance to the person or depositary sur- rendering the possession of said property : Provided, that property in The City of Louisville subject to escheat to the commonwealth shall vest in the Board of Trustees of the Male High School, Female High School, and the Public Schools of The City of Louisville for the use and benefit of the said schools, and the said Board shall have and ex- ercise as to all such property the rights, remedies, and responsibilities of the commonwealth, as provided in this chapter so amended. 46. Section 6, Article 5, Chapter 36, General Statutes, is hereby repealed, and in lieu thereof it is provided that the net proceeds of any estate embraced in this Chapter which may be paid into the treasury shall be reimbursed to the owner or person by law entitled to the same, who had not before asserted claim thereto, upon his produc- ing to the Auditor the certificate of a court of equity, that in a proceeding upon petition in said court, after due notice served upon the Auditor and time given to make defense, it was found upon final hearing that the claim was just and proper: Provided, that the State shall not be liable for money paid to the Board of Trustees of the Public Schools of The City of Louisville, but the said Board shall be liable therefor in like manner as the State is liable where it has received the escheated. property, and shall refund the same upon like proceedings against it, as provided for in this chapter against the State. ~ het el SCHOOLS. 47. This act shall apply to The City of Louisville only. 48. Whereas, by existing law there is a difference in the per capita to which the white and colored-pupil chil- dren of this commonwealth are entitled ; and whereas no such difference in the per capita due such white and col- ored-pupil children should exist; and whereas, the tax of twenty cents on the one hundred dollars now levied in support of common schools was levied only after the rati- fication and approval of the white voters of the common- wealth, and was only intended for the benefit of white children ; and whereas an additional tax of two cents on the one hundred dollars levied on all the property in the commonwealth subject to taxation for revenue purposes will make the per capita of the white-pupil child and the colored-pupil child the same: therefore, 49. A tax of two cents on each one hundred dollars’ worth of property in this commonwealth, subject to taxa- tion for State revenue purposes, be and the same is here- by levied andimposed. Said tax, when collected, shall be placed to the credit of the common-school fund of the State, which entire fund shall hereafter be united and be- come one fund, to which the white- and colored-pupil chil- dren of this State shall be entitled in the same proportion. The school-ages of colored children shall be from six to twenty years, and the capitation-tax Imposed upon colored people for common-school purposes is hereby repealed. 50. But nothing in this act shall be construed in any wise or to any extent, or for any purpose, to authorize any white child to attend any common school for colored chil- dren, or any colored child to attend any school for white children, but white and colored schools shall be forever kept and maintained separately. d1. This act shall not take effect until ratified and ap- proved bya majority of the legally qualified voters of the State voting on the question; and to ascertain the sense of the qualified voters it shall be the duty of the sheriff and other officers conducting the next annual election, to 675 Id., Section 3. ALTE &Gted Th relation to the common scho’ls of this com-: monwealth, providing for the levy of ad- ditional tax, and submission of same to the people. Ap- proved Apr. 24, 1882. Id., Section 1. Id., Section 2. Id., Section 3. 676 SCHOOLS. } Id., Section 8. An act to establish the University of Louisville. Approved Feb. 7, 1846. tion 1. Sec- be held on the first Monday in August, 1882, to open a poll in the various precincts in their respective counties and take the sense of the qualified voters of the common- wealth upon the propriety and expediency of imposing an additional tax of three cents on each one hundred dol- lars’ worth of property in the State subject to taxation, for the purpose of increasing the common-school fund of Kentucky, and of equalizing the white and colored per capita. 92. This act shall take effect from and after its passage, so far as it provides for a submission of the vote to the people. | 593. An institution of learning shall be and the same is hereby established and incorporated in The City of Louis- ville, and that George W. Weissinger, Garnett Duncan, Samuel 8. Nicholas, Wm. E. Glover, W. S. Vernon, Isaac Everett, James Marshall, Henry Pirtle, Jas. Guthrie, Chapman Coleman, and Wm. F. Bullock, shall be and they are hereby appointed trustees of said University, and shall have perpetual succession ; and they and their successors in office shall be a body politic and corporate in law, under the name and style of the President and Trustees of the University of Louisville; and by that name and style may sue and be sued, plead and be impleaded, defend and be defended, contract and be contracted with, in all courts of law and equity of this commonwealth ; and shall have power and authority to acquire and hold all such real and personal estate, money, goods, or chat- tels, as may be necessary, convenient, and proper for all or any of the departments of the University aforesaid ; and by that name and style shall also have power and authority to acquire and hold real and personal estate sufficient to yield an annual income, rent, or interest not exceeding forty thousand dollars per annwm ; and from time to time, if by them deemed expedient, to sell and convey the same, and to re-invest or dispose of the pro- ceeds in such manner as the interests of said University SCHOOLS. 677 may require; and shall have and use a common seal, and the same may alter and renew at pleasure, or may pass all needful and necessary by-laws and regulations, not contrary to the constitution and laws of this common- wealth, and may change; modify, and repeal the same at pleasure, and re-enact others, from time to time, as the interests of said institution may require. And the said President and Trustees of said University of Louisville shall have full power and authority to establish all the departments of a university for the promotion of every branch of science, literature, and the liberal arts; and also may establish faculties, professorships, lectureships, and tutorships, and alter or abolish the same at pleasure ; and may appoint lecturers and tutors thereto, and may remove any one or all of them at pleasure and appoint others in their stead. 54. The said President and Trustees may appoint a treasurer, secretary, and librarian, and such other officers and agents as they may deem necessary for the purposes of education, and the prudential management of the fis- cal and other concerns of said University ; and may re- quire bond and security from the said treasurer, secre- tary, librarian, and other officers, for the faithful dis- charge of the duties imposed upon them. And the said President and Trustees may grant and confer all degrees usually conferred in colleges or universities; and gene- rally shall have and exercise all power and other author- ity necessary and proper for an extended university of learning. d0. The said Trustees shall, from time to time, choose one of their own body as President. The President shall hold his office during the pleasure of the Board, or such time as fixed by the by-laws, or until vacated by death, resignation, or removal from the county, or removal by a majority of the Trustees. After the election of President the residue of the Trustees shall class themselves into five equal classes; the first class shall go out of office on the first of March, 1848; the second class on the first of March, Id., Section 2. Id., Section 3. 678 Id., Section 4. ’ Id., Section 5. SCHOOLS. 1850; the third class on the first of March, 1852; the fourth class on the first-of March, 1854; and the fifth class on the first of March, 1856 ; and the Mayor and Coun- cil of The City of Louisville, a majority of all elected concurring, shall fill all vacancies which shall arise in the offices of Trustees from death, resignation, or removal from the county or otherwise, for the balance of the term of the Trustees whose office shall be vacated: Provided, that if the Mayor and Council shall from any cause fail to fill any vacancy which shall arise in the Board of Trus- tees, for the space of thirty days, the President and Trus- tees shall have a right to fill the same: And provided, that when the office of President shall become vacant from any cause, the Trustees may choose a President pro tem- pore until another Trustee shall be elected, after which a President shall be chosen. 06. The said President and Trustees shall, at the close of each academic year, make a report of the condition of each department of the University, of the condition of the buildings, library, apparatus, e¢c., belonging to the same, to the Mayor and Council aforesaid, who shall have the right at all times of inquiring into the same. 57. All gifts, grants, donations, endowments, and _ be- quests which may be hereafter made or granted to any one department of said University, or to any professor- ship, tutorship, or lectureship, therein or thereof, shall be held by the President and Trustees aforesaid in trust for the department, professorship, tutorship, or lecture- ship designated in such gift, grant, donation, endowment, or bequest, and shall be faithfully applied for the object designated, and none other: Provided, that such gitts, grants, donations, endowments, or bequests to said Uni- versity, not designating the purpose for which made, shall be taken as made to the department of said University other than the medical and law departments. And where as, on the twenty-first day of November, 1837, The City of Louisville, of the first part, in accordance with certain resolutions of the citizens of Louisville, passed at a pub- SCHLOOLS. lic meeting held at the Radical Church, in Louisville, con- veyed to the president and trustees of the Medical Insti- tute of Louisville all that square of ground in Louisville bounded by Chestnut, Magazine, Eighth, and Ninth . streets, for the purpose of erecting buildings for a medi- cal college, and for other purposes, as in said deed and resolutions are fully set forth ; and in said deed itis stip- ulated and covenanted by the parties of the second part, in said deed mentioned, who are the president and trus- tees aforesaid, that they will, and that their successors shall, in case a charter for a college or university shall be obtained, and on being requested so to do by the Mayor and Council of said City, convey to the trustees of such college or university so chartered, the square of land afore- said and all the improvements thereon, and the library, apparatus, efc., belonging to said establishment at the time such conveyance is or ought to be made; now, be it enacted that— 98. When the said President and Trustees, or the said President and Managers, of the Medical Institute of Louis- ville shall, upon request of the Mayor and Council afore- said, have conveyed to the President and Trustees of the University, by this act chartered and incorporated, or their successors, the said square of ground bounded and described and conveyed by the said deed, dated Novem- ber 21, 1837, together with all the improvements thereon, and the library, apparatus, efc., belonging to said estab- lishment, that then, and in that case, the said Medical In- stitute shall cease to exist, and all acts incorporating or creating the same shall be thenceforth deemed to be re- pealed, and the medical school established by said Insti- tute, together with all its rights and privileges, shall thenceforth become the Medical Department of the Uni- versity of Louisville, and shall thenceforth be under the control of the President and Trustees of said University and their successors, to all intents and purposes: Pro- vided, that the President and Trustees of said University shall never appropriate, nor shall the Mayor and Council 679 Id., Section 6. 680 SCHOOLS. Id., Section 7. Id., Section 8. Id., Section 9. of Louisville appropriate the Medical College building on said square, and the library, apparatus, museum, éfc., be- longing to the same to any other purpose than to the use and purpose of the Medical Department of said Univer- sity, nor shall the profits, fees, or revenues of any depart- ment of said University be diverted from the use of such department. 09. From the date of this act going into operation, the act entitled ‘An act for the benefit of the Louisville Col- lege’’ shall be no longer in force, and that the proceeds arising from the sales of seminary lot, so called, lying on the west side of Eighth Street, in Louisville, now or to be hereafter made by the Mayor and Council of Louisville, shall be applied, by and under the direction of the said Mayor and Council, to erection of buildings on said square for the Academic Department of said University. 60. The professors now in office in said Institute, accord- ing to the organization of said Institute, shall continue to be professors in the Medical Department of said University during the pleasure of the President and Trustees of said University, and they, orany one of them, may be removed by the said President and Trustees, and others appointed in their places; but not less than a majority of said Trus- tees shall have power to remove or appoint any professor in said medical or academical, or other department of said University. 61. The pupils of one class of the Academical Depart- ment shall be entitled to attend annually, without com- pensation, a course of lectures on anatomy and physiology, and a course on chemistry, and that one class of the Law Department shall have the right to attend, annually, a course of lectures on medical jurisprudence, also without compensation ; and each department shall, if required, receive from the public schools of The City of Louisville, without charge, any number of pupils, not exceeding six, to each department: Provided, that the pupils shall have been in said schools at least two years, and shall have been recommended to the Trustees of said University by SCHOOLS. 681 the Mayor and Council aforesaid, and after examination by the professors of the department into which they wish to be admitted, shall have been found qualified. 4 62. That a diploma from the University of Louisville, in its Law Department, conferring the degree of bachelor of laws, shall entitle the person on whom it is conferred to practise law, and shall have the same effect as a license to practise law in the courts of this commonwealth, signed by two Circuit Judges. 63. The corporate title of the Board of Trustees of the Male High School, the Female High School, and the Pub- lic Schools of The City of Louisville, is changed to that of the ‘‘ Louisville School Board,”’ and in said name it shall have power to sue and be sued, to contract and be con- tracted with, to make and use a common seal and to alter the same at pleasure, to purchase, take by gift, grant or devise, and to dispose of any real or personal estate, and in general to do all acts, and to have and enjoy all fran- chises and privileges heretofore pertaining to said Board under its former title. 64. It shall be the duty of the Louisville School Board, on or before the first of June, in the year 1888, and every fifth year thereafter, to prepare, mail, and cause to be placed in the hands of the Superintendent of Public In- struction, a report certified by the County Judge or Clerk as having been sworn to by the president or secretary of said Board, showing the whole number of white and black children, between the ages of six and twenty years, resid- ing within the school district of The City of Louisville. 65. For the years in which the census is not hereby re- quired to be taken, the said Board shall, on or before the first of June in each year, prepare, mail, and cause to be 4In the case of The City of Lowisville v. President and Trustees of the University of Louisville, 15 B. Mon., 642, the relation between the University and the State legislature, and also that between the University and The City were defined. An act for the benefit of the law depart- ment of the University of Louisville. Approved Mar. 10, 1856. An aect-to amend the charter of The City of Louis- ville. Ap- proved Apr. 3, 1884. Sec. 1. Id., Section 2. TId., Section 8. 682 Id., Section 4. Id., Section 5. Id., Section 6. SCHOOLS. placed in the hands of the Superintendent of Public In- struction, a report, duly certified, of the number of chil- dren as shown by the last preceding report or census, with such an increase qr addition to that number as is ascertained to be the annual increase of the children in the district, upon averaging the yearly increase during the five years next preceding the filing of the report: Provided, however, that the Board may cause an actual census to be taken in any of such years, and so report to the Superintendent as heretofore required to be done in every fifth year. 66. The Board shall appoint a suitable person to take the census, who shall certify his report of the census to the Board before some judicial officer, and who shall be paid a reasonable compensation for his service. 67. Section 2 of an ‘‘Act to amend the charter of The City of Louisville,’’ approved April.8, 1882, is so amend- ed that merchants who pay alicense to transact their business shall, for school purposes, be taxed on their goods and merchandise. 68. This act shall be in force from and after its passage, and all acts in conflict therewith are hereby repealed. ses” See BOUNDARY AND SUBDIVISION—CHARITIES AND CORRECTIONS— County RELATIONS—CovuRTsS oF LAW—FINANCE—GENERAL CoUNCIL— SINKING FuND—TAXATION. The unreported opinion in the case of City of Louisville v. University of Louisville, Court of Appeals, March 21, 1878, is as follows: “The reservations made in the deed executed in November, 1837, by The City of Louisville to the president and trustees of the Medical Institute, give to The City the right at any time to erect and construct other college buildings on said square, and to alter, change, modify, enlarge, or diminish any and all improvements which may be created or constructed on said square of land other than the Medical College. It was contemplated by those in- augurating tbis enterprise that on this square of ground, conveyed to the Medical College, should be erected an assemblage of colleges—in other words, a university—in which was to be taught all branches of learning; and in order to enable them to accomplish the purpose the trustees of the Medical Insti- tute, by the terms of the conveyance under which they held, were required, SCHOOLS. ‘on the obtention of a charter for a college or university, that the square, building, library, etc., shall be conveyed to the trustees of such colleges, with the consent of the Mayor and Council of Louisville. A charter was obtained for the University, and on the twenty-fourth of April, in the year 1840, the president and managers of the Medical Insitute, in accordance with the pro- visions of the deed, and by the request of the Mayor and the Council of The City, conveyed this property in fee to the president and trustees of the Uni- versity of Louisville, to be held for the same uses and trusts as are contained in the original deed by The City to the Medical College. The University being established, its trustees were invested with the full power to use and control the square for the uses and trusts mentioned in the deed of 1837. An effort was made to divest these trustees of this right by a change made in the charter of The City of Louisville, by which other trustees were to be substituted, and this Court, in the case of The City of Louisville against the president and trustees of the University, held that this grant to the president and trustees of the University was not only valid, but that they held the pro- perty for the purposes for which the corporation was created, and having acquired such corporate rights, neither The City of Louisville or the legis- lature could divest them of their right to the property.—City of Louisville v. President and Trustees, etc., 15 B. Mon., 670. It is manifest that this square of ground was intended, and in fact set apart by the conveyances referred to, for the purpose of erecting colleges for every branch of learning, if desired, with the right of The City to erect as many buildings for that pur- pose as it saw proper, and when erected they became a part of the University proper. The City did erect the building on this square, the use of which is now in controversy. The trustees of the University, in the year 1855, permitted the Trustees of the common schools to use the build- ing for a High School. The School Trustees were to keep it in repair, etc,, and use it free of rent for one year and until notice to quit. The children of The City attended the school, and it was taught in this building from the year 1855 to the year 1876, and notice having been given by the trustees of the University that they wanted the possession, and the Trustees of the school refusing to.comply with their demand, held over, and now The City and the Trustees of the Public Schools are sought to be made liable for rent. There was certainly no agreement on the part of The City or the Trustees to pay rent; and, so far as the agreement of facts can affect the questions involved, it seems that The City claimed the exclusive right to control the building, and the trustees of the University a like right, and neither party has made any con- cession of right by the agreement of record. That The City had the right to erect the buildings on the grounds of the University for the purposes con- templated in the original conveyance, as well as the act incorporating the Uni- versity, and not only so, but the buildings being unoccupied, could demand that the buildings should be used for educational purposes, are rights that can not be questioned; and having erected the building in which these schools were taught, and permitted the use for the school purposes—as The City had the right to demand it should be used—the University can not, by converting itself into a landlord, assert a claim for rent as against these beneficiaries. It was in execution of the trust when these trustees permitted the use of the building, and The City was accomplishing by it the very object it had in view when making the original grant. Whether or not the trustees of the University had the power to determine the manner in which the school should 683 684 SCHOOLS. beStaught, and the professors that should teach—in other words, the right to control the school—are questions not necessary to be decided. It is certain that by the deed to the trustees of the University they were invested with the fee; ‘the parties of the first part have bargained, sold, and conveyed, and by these presents hereby bargain, sell, and convey to the parties of the sec- ond part, the said square, Medical College buildings, library, etc., to have and to hold the same to the parties of the second part, and their successors, for- ever, upon the trusts, efc., and for no other use, trust, or purpose whatever, etc. Although the title is in these trustees, The City, by reason of the res- ervation, would have the right to enter and erect, if it saw proper, a build- ing fora theological school, but when erected, it does not by any means fol- low that the trustees are divested of all control over the building or the or- ganization of that department. The powers of the University are clearly set forth in the charter. Section 1 provides that they shall have full power and authority to establish all the departments of a university, for the promo- tion of every branch of science, literature, and the liberal arts; and also may establish faculties, professorships, lectureships, ete., and alter or abolish the same at pleasure, etc. With this power, however, the trustees could not be said to be acting in good faith, or executing the trusts created by the deed, if they should refuse The City the right to erect buildings for college purposes, and thus to enlarge the University; nor could The City have the right to erect a building for any other use than that consistent with the purposes of the original donation. The claim for rent was properly denied.” The unreported opinion in the case of Board of Trustees of the Male High School, etc.,v. Hewitt, Auditor, Court of Appeals, June 22, 1882, is as follows: “Tn 1856, I. Edgar Thompson, whose domicil was The City of Louisville, died in the County of Trimble intestate, without heirs or distributees entitled to his estate, and N. Parker was, by the County Court of that county, ap- pointed administrator. The estate of decedent consisted, at the time of his death, almost entirely of money, $3,138.17 of which was deposited to his credit in the Bank of Kentucky, in Louisville. Upon a settlement of his accounts there was a balance of $3,100.17 belonging to the estate in the hands of the administrator, and as required in such cases by Chapter 34, Revised Statutes, he paid that sum to the agent of the commonwealth in that county, who on the thirteenth of December, 1859, paid $2,740.14 thereof into the treasury. In 1881 appellants, in pursuance of Section 6, Article 5, Chapter 86, General Statutes, produced to the Auditor of Public Accounts evidence of the justice of their claim, certified by a majority of the Judges of the Court of Appeals to be competent upon the issues raised, and demanded of him a warrant upon the Treasurer for said amount, which was refused by the Auditor. Thereupon appellants filed their petition in the Franklin Circuit Court, praying for a mandamus commanding the Auditor to draw his warrant as demanded. To the petition the Auditor filed both a general demurrer and answer, and the action being submitted for trial, judgment was rendered dismissing the peti- tion. From that judgment this appeal is prosecuted. Appellants claim the fund attempted to be recovered by this proceeding, under and by virtue of Section 9, Article 10, of an act to charter The City of Louisville, approved March 24, 1851, and the subsequent acts amendatory thereof, which were passed in the years 1860, 1861, and 1870. By Section 9 of the act of 1851 it is provided, that ““So much as may arise from real, personal or mixed prop- SCHOOLS. 685 erty in The City of Louisville, which from alienage, defect of heirs, or failure of kindred capable in law to take the same, shall escheat to the common- wealth of Kentucky, is vested in the Board of Trustees for the use and bene- fit of the University and public schools of Louisville, and the said City, by the Mayor thereof, or such officer as the General Council may appoint for that purpose, shall enter upon and take possession of any and all such property, or in its corporate name sue for and recover the same, or any chose-in-action or credit of such decedent, and reduce the entire estate in possession as afore- said, without office found.” By the act approved February 8, 1861, it is pro- vided that “ whatever may arise in cases of escheat shall be vested in the Board of Trustees for the use and benefit of the Male High School, the Fe- male High School, and the Public Schools of Louisville, and said Board of Trustees, by the president thereof instead of the Mayor, or such officer as the General Council may appoint, as provided by the act of 1851, is authorized to take possession of such property, and to sue for and recover the same.” As it is shown that Thompson, at the time of his death, was a resident of The City of Louisville, and that all of his property was in that City, except the small amount he had with him at the time of his visit to the County of Trimble, there can be no question but that the money paid into the treasury of the commonwealth in 1859 “was vested in the Board of Trustees for the use and benefit of the University and public schools of Louisville,” and that The City, by the Mayor thereof, or an officer appointed by the General Council for the purpose, then had the right to take possession of or to sue for and recover the same. By the act of 1861, the power to take possession of and to sue for and recover such estates was transferred from the Mayor and General Council to the Board of Trustees, created by the act of a corporation. But no change was made in respect to the title, or the purpose declared in the act of 1851 to vest escheated property in The City of Louisville in the Board of Trustees for the use and benefit of the public schools there. It follows, therefore, that appellants are proper parties plaintiffs, if the proceeding can be maintained at all. By Section 6, Article 5, Chapter 36, General Statutes, it is provided that the net proceeds of any estate embraced in that Chapter, which may be paid into the treasury, shall be reimbursed to the proper owner, who had not before asserted claim thereto, by petition or otherwise, upon his producing to the Auditor evidence of the justice of his claim, certified to be competent by a majority of the Judges of the Court of Appeals. A similar provision was contained in the Revised Statutes. There is nothing in the Section referred to that confines its operation to cases of individual ownership of escheated estates improperly paid into the treasury, or that excludes the plaintiffs in this proceeding from asserting and maintaining their claim to the fund in the manner that has been done. Appellants being the proper owners of the fund, and entitled thereto, as in our opinion is satisfactorily shown by the record, the law re- quired the Auditor, upon the production of the evidence of the justice of the claim, to issue his warrant upon the treasury for the amount, provided it was not barred by limitation. And the Auditor having refused to issue his war- rant, as enjoined by law in such cases, the proceeding by appellants to obtain a writ of mandamus, commanding him to do so, was properly instituted, and is maintainable-—Dumi v. Harry, 7? Mo., 443; Lindsey v. Auditor, 3 Bush, 233; Auditor v. Adams, 13 B. M., 150; Haley v. Auditor, 4 Bush, 490. The 686 SCHOOLS. only question, therefore, left to be determined, is whether the statute of limi- tation is applicable, and’can be pleaded and relied upon in such cases. That no laches is to be imputed to the common wealth, and against itnotime runs so as to bar its rights, unless so provided by express statutory enactment, is well settled, and consequently the statute of limitations can not be pleaded in bar of recovery by the commonwealth unless specially provided by law. Under the Constitution, suits may be brought against the commonwealth only when the General Assembly may direct by law in what manner and in what courts they are to be brought. As, in order to authorize a suit to be brought against the commonwealth, the General Assembly, under the Constitution, must direct by law,in what manner and in what courts they shall, in each case, or class of cases, be brought, it is manifest it was not the intention of the legislature to make “limitation of actions,” provided for in Chapter 71, General Statutes, applicable to suits brought against the commonwealth, any more than to suits brought by the commonwealth; that the General Assembly should, in its discretion, in each case, or in such cases, where suits against the common- wealth are authorized, prescribe the limitation of time for bringing them. The right to institute the proceeding in this case is conferred by law, but the General Assembly did not deem it proper to prescribe a limitation within which it should be brought; and in our opinion the statutes of limitation can not be pleaded by the Auditor in bar of appellants’ right of recovery. Besides, there is another view to be taken of the question that is decisive. By various acts of the General Assembly, the public schools of The City of Louis- ville are made and considered as parts of the common-school system of the State, and as such entitled to the protection and support enjoined by the Constitution, and from time to time provided for by legislative enactments. The fund sued for, therefore, belongs to one department of the State govern- ment, and is in the possession of another department. If, as is clear, appel- lants are entitled by law to it, the Auditor has no right to interpose the plea of limitation in bar of its recovery, in the absence of an express provision of law empowering and requiring him to do so; for such proceeding would pre- sent the anomaly of the commonwealth pleading limitation against itself.” a GrAr TE Rex, SEWAGE AND DRAINAGE. CON TON. S 1. The City divided into two dis- tricts for the purposes of drainage, ete. 2. Theexpenses of making drains, bridges, culverts, parks, and pleasure- grounds in each district to be assessed on taxable property therein. 8. Ordinances establishing parks and pleasure-grounds to be submitted to the people of the district after pub- lication. 4. The Council may establish sew- age districts with a view to perfecting a system of drainage; map thereof. 5. Taxation of costs of making sewers; assessment in each district to be kept separate. 6. How costs of constructing sew- ers in Third Street shall be appor- tioned. 7. The Engineer shall estimate and apportion the costs in accordance with the ordinance. 8. The provision toapply to sewers made the year the ordinance was ap- proved. 9. Connecting drains; application therefor tothe Engineer; estimate of cost; applicants’ deposit; duplicate certificate. 10. The Engineer to cause such drains to be laid and certify the actual cost. 11. Return of balance of deposit. 12. Competent men to be employed by the Engineer and a record of drains to be kept. 13. The private-drain fund not to be used for other purposes. 14. The grades, inclinations, and depths of drains to be fixed by the Engineer. 15. A fine provided for casting sub- stances into catch-basins and sewers. 1. Section 11 of the charter of The City of Louisville, approved the third of March, 1870, is hereby so amended as to read as follows: Third Street is made a line dividing the entire City into an.EKastern and Western District for the purpose of drainage, building bridges and culverts, and providing public parks and pleasure-grounds. 2. The expense of those in each District shall be as- sessed upon the property therein subject to taxation for general City purposes, to be levied, assessed, and collected as may be provided by ordinance. An act to amend the charter of The City of Louis- sae BA As. Nya proved Mar. 21, 1ST Sec. I. Id., Section 2. 688 SEWAGE AND DRAINAGE. Id., Section 3. Id., Section 4. Id., Section 5. An ordinance in relation to apportioning the cost of making sewers in Third Street. Approved sept. 419, 1871; Sec. 1. Id., Section 2. Id., Section 8. An ordinance relating to drains. Ap- proved June 29, 1874. Sec- tion 1. 3. But no ordinance for the establishment of any park or pleasure-ground shall take effect until it shall have been submitted to the qualified voters of the District to be taxed therefor, at a general election for City or State offi- cers, or at a special election on a day fixed by the General Council, and after publication of the ordinance in one or more of the daily papers of the largest circulation in said City for at least ten days previous to said election, and to be voted for by a majority of those voting thereon. 4. Said Council may lay off The City into as many sewage districts as will, in its judgment, provide an effi- cient system of drainage, to be gradually progressed with from year to year, in carrying out the general plan, and shall cause a map thereof to be made, showing all the main sewers and the territory drained thereby, and the small sewers and the territory drained thereby, so as to make a just and equitable system. 5. And said Council shall assess the cost of said sewers on the property in each district subject to taxation for City purposes, and the sum so assessed upon each district for sewers shall be used solely for the district upon which it was levied—not otherwise. 6. Hereafter, when any sewer may be constructed in Third Street, the cost of said sewer shall be apportioned to the Eastern and Western Districts, in the proportion in which the said Districts are drained by the same. 7. The City Engineer, in making his estimate of the cost of sewers in Third Street, shall make and apportion the same in accordance with the provisions of Section 1 of this ordinance. 8. The provisions of this ordinance shall apply to such sewers in said street as have been constructed this year, or are now in process of construction. 9. Hereafter any person desiring to have a drain con- nected with any sewer in The City of Louisville shall make application to the City Engineer on a blank form SEWAGE AND DRAINAGE. furnished by said Engineer. The City Engineer shall then furnish an estimate of the cost of said drain, includ- ing in said estimate all expenses connected therewith, and a liberal margin for all possible contingencies, and the applicant shall deposit the amount of said estimate with the City Treasurer, who shall furnish him a certificate of deposit in duplicate, the original of which shall be re- tained by the applicant and the duplicate filed with the City Engineer. 10. Upon said duplicate being filed, the City Engineer shall have the drain laid from the sewer to the property- line of the party applying therefor, and at the end of the current month shall certify to the applicant the actual cost of said drain. 11. The Treasurer, upon presentation of this certificate jast named, shall refund to the applicant the excess of the estimated cost over the actual cost, taking up the cer- tificate of deposit and giving the applicant a receipt for the amount of the actual cost. 12. To enable the City Engineer to carry out the pro- visions of Section 1 of this ordinance, he is hereby author- ized to employ in the force of the Street Supervisor men competent to do such work, and he shall keep a record of all the transactions connected with the laying of drains. 13. The money received by the Treasurer for the laying of drains shall be credited to the account of private drains, and shall be used to pay off all liabilities incurred for lay- ing drains, and for no other purpose. 14, The City Engineer is hereby empowered to fix the grades, inclinations, and depths of all drains within the limits of the street or other public way.? 1Tn an action against a city claiming damage for the overflow from a ditch, the allegation that it is the duty of the defendant to keep the ditch in repair is a mere conclusion of the pleader; the bare fact that the ditch is within the corporate limits of the city imposes no obligation to keep it in repair, as it may be on private property, and not under the control of the city.—City of Owensboro v. McAllister, decided by the Superior Court, January 31, 1883, unre- ported. 4t 689 Id., Section 2. Id., Section 3. Id., Section 4. ~ 690 An ordinance to protect the sewers of The City of Louis- ville. A>p- proved August 18, 1874. SEWAGE AND DRAINAGE. ‘ 15, It shall be unlawful for any person to place or throw any dead animal or other substance in or near any catch- basin or sewer, whereby the flow of water through any sewer may become obstructed. Any person violating this ordinance shall be fined not less than ten nor more than twenty dollars for each offense. Bas" See CONDEMNATION—ConTRACTS—CourRTsS oF LAw—ENGINEER— FEDERAL RELATIONS—FiInES AND MISDEMEANORS— PUBLIC WaAys— STREET IMPROVEMENT— W ATER. GEA TER: Xx ITT. SINKING FUND. 6-045, T BN TS. 1. The resources of the Sinking Fund not to be diminished by the General Council. 2. “The Commissioners of The Sinking Fund of The City of Louis- ville” established as a distinct cor- poration. 3. Powers in general. 4. Terms of office. 5. Eligibility and qualification. 6. Former provision for the office of Treasurer. 7. Orders upon the Sinking Fund. 8. Former provision for the office of Secretary. 9. Control of the funds and re- sponsibility therefor; disbursement and investment. 10. Statements and reports. 11. Removal of Commissioners for malfeasance or misfeasance. 12. Penalty for embezzlement. 18. Compensation of the Commis- sioners und Treasurer. 14. The resources of the Sinking Fund; their management and con- trol; restrictions as to charges upon the Fund. 15. Improvement of property the income of which has been set apart for the Sinking Fund. 16. Deposits and loans. 17. Commissioners shall not trade or speculate in City bonds. 18. Control of licenses and other special taxes. 19. Secretary and other officers and their compensation. 20. Salaries chargeable to the Fund; how orders are to be drawn. 21. The corporation continued. 22. Election and terms of office of Commissioners. 23. Vacancies in office. 24. Oath of Commissioners and the Treasurer. 25. The City’s stock in the Water Company and an annual tax for City purposes added to the Sinking-Fund resources. 26. The “Sinking-Fund Tax” pro- vided and described. 27. All City bonds prior to July 1, 1869, made chargeable to the Sink- ing Fund with one exception. 28. Object and resources of the Sinking Fund. 29. Treasurer and Secretary to be appointed; confirmation, bond, oath, term of office, vacancy. 30. Duties of the Treasurer and Secretary. 31. License Inspectors. 32. The Fund relieved of certain charges. 33. Suitable offices to be provided for the Treasurer and Secretary and the Inspectors. 34. Louisville and Nashville Rail- road stock, 35. The Sinking Fund continued as an established corporation. 36. The stock in the Louisville Water Company. 37. Assistant license inspectors may execute process from the Louis- ville City Court. 692 An estab li SINKING FUND. act to shthe boundaries and taxable and to the charter of The City ‘Guak limits, amend Louisville; approved Mar. 9, 1867. tion 10. Sec- 38. Regulation of salaries of Sink- ing-Fund officers. 39. Purchase of Water-Company stock from The City. 40. License may be levied on ex- press and insurance companies. 41. Securities purchaseable by the Sinking Fund as investment. 42. Deposits to be made in an in- corporated bank. 43. Annual election of a Commis- sioner; filling of vacancies. 44, Additional back-taxes; when the Sinking Fund. 45. The Commissioners authorized to secure the payment of certain City bonds by accepting in pledge from the L. & N. R. R. Co. certain United States bonds. 46. Amendment. 47. The stock in the Louisville and Nashville Railroad Company, owned by The City, authorized to be sold. 48. Proceeds of sales to be applied to payment of the City bonded debt; investment. 49. The express repeal of previous collected, to be devoted to the use of | statutes. - 1. The General Council shall have no power to pass or- dinances or resolutions to diminish the present resources of the Sinking Fund of said City, as now established, un- til the debts of said City, now or hereafter charged or chargeable upon said Fund are paid, but may pass laws to increase the said resources ; and the whole resources of said Fund, from year to year, shall be sacredly set apart and applied to the payment of the interest and principal of The City’s debts chargeable on said Fund, and to no other use or purpose, until the whole of the debts of The City are fully paid and satisfied, including the present and any future indebtedness of The City. 2. The Mayor, the president of the Board of Aldermen for the time being, and three persons to be chosen by the General Council on joint ballot, as hereinafter directed, and their successors in office, shall constitute the ‘‘ Com- missioners of the Sinking Fund of The City of Louis- ville ;’? and by that name shall have corporate powers and existence, may sue and be sued, and do and perform all things necessary to execute the duties required and pow- ers given them by this act. 3. They shall elect one of their number president of the Board, may fill vacancies, have and use a common seal, or act without such seal, and pass all necessary and proper rules and by-laws for their government and the officers and employes of said Board, and for the safety, control, SINKING FUND. and application of said Sinking Fund, not inconsistent with the objects for which said Fund is or was set apart, or to this act or the general laws of this State. 4. The said Commissioners, other than the Mayor and president of the Board of Aldermen, shall be chosen for the term of three years and until their successors shall have qualified, except as herein provided. One of the Commissioners chosen at the first election after this act goes into effect, shall hold his office for one year, one for two years, and the other for three years ; and the General Council, at the said first election, shall determine the re- spective terms of said Commissioners. 9. No one, who is either Alderman, Councilman, or offi- cer of said City, shall be eligible for said office of Commis- sioner, to be elected by the General Council, and who does not possess the qualifications required for the office of Councilman by the charter of said City. 6. The Treasurer of said City shall be the Treasurer of said Commissioners of the said Fund, and shall have the care and safe-keeping of said Fund, and his bond as Treas- urer of said City shall bind him and his securities thereto for the safe keeping of all money, property, securities, bonds, evidences of debt, or other valuable thing belong- ing to said Fund which is in his possession or may here- after come to his hands or under his control. Zhe said Commissioners shall severally execute his covenant, with good surety, to be approved by the General Council, to The City of Louisville, faithfully to execute the duties re- quired by this act, and to account for said Fund which may come to his hands or under his control.+ 7. Orders upon said Fund shall be made bya majority of said Board, entered upon the records of their proceed- ings of said Board, and a copy thereof certified by the secretary of said Board, and signed by the president and countersigned by the secretary, and made payable to the 1 Repealed, see Section 20, post. 693 694 SINKING FUND. person or corporation entitled thereto or to the person who, by an order of said Board, is authorized to receive the amount of such order, to pay any debt or interest chargeable upon said fund, payable in another State or city in the United States or Europe. 8. The Treasurer of said City shall be secretary of said Board, and shall keep a true and faithful record of its proceedings, acts, orders, 4nd doings, which shall be sub- ject at all times to the inspection of the Mayor and any member or committee of the General Council. The said Treasurer and his sureties shall be liable, on his official bond, for his acts as secretary of said Board. 9. The funds, estate, and income belonging now or here- after to said Fund, shall be, and is vested in, and be under the control and management of said Board of Commis- sioners, for the purposes herein declared ; if injured, with- held, or abstracted, said Board of Commissioners may sue for and recover the same, or any part thereof, in their corporate name. The said Commissioners shall apply said Fund to the payment of The said City’s debts charge- able on the same, when they can do so on fair terms ; but whenever there shall be a surplus of said funds, which can not be applied on fair terms to the extinguishment of the said Habilities of said City, the said Commissioners may invest the same in bonds of said City, or for which it is bound, or bonds of the State of Kentucky, orin such good and solvent stocks as shall be approved by a vote of a majority of each Board elect of the General Council, by yeas and nays. 10. The Commissioners shall require monthly detailed statements from said Treasurer of the condition of said. funds, which said Commissioners shall be cause to trans- mitted each month to the Board of Common Council- men, and on the first Monday in January of each year the Treasurer shall furnish to the General Council a full detailed statement of the said funds, its receipts and dis- bursements for the preceding year, and shall exhibit to SINKING FUND. 695 the General Council the evidences of payment made by the orders of said Commissioners out of said Fund. 11. The said Commissioners may be removed from office for malfeasance or misfeasance by the Board of Common Council, on charges preferred by the Board of Aldermen, in the same manner the Mayor is subject to removal by the Board of Aldermen. 12. Any person having charge, control, or possession of the said Sinking Fund, or any part thereof, or any of its property, money, or evidences of property or stocks, or other valuable thing, who shall willfully embezzle or mis- apply the same, or any part thereof, shall be deemed guilty of felony, and on conviction thereof shall be confined in the jail and penitentiary of this State not less than one or more than twenty years, at the discretion of a jury. 13. The General Council may, by ordinance, allow a fair and reasonable compensation to said Commissioners the Mayor excepted, who shall not receive any additiona compensation beyond his salary as Mayor; and said Treasurer may be allowed by the General Council addi tional pay for the services required of him by this act. 14. All the resources, taxes, income, and money which an act for have been or may hereafter be set apart for the pay- {Pe benelt se ment of the interest, or the principal and interest, of the Fund of Louis- funded debt of The City of Louisville, shall be under the aah SE a iee control and management of the Commissioners of the 18° See. 1. Sinking Fund of said City, and the Treasurer of The City shall place the same to the credit of said Commissioners whenever received ; the said Commissioners shall keep a separate account of the resources, taxes, income, and money which has been set apart for the payment of the interest, or principal and interest, of the funded debt of The City, which is not chargeable to the Sinking Fund, and they shall not charge said Sinking Fund with the payment of principal or interest of any part of said debt: Provided, however, the General Council of said City shall, upon the unanimous recommendation of all the acting ~ 696 Ia., Section 2. Id., Section 3. TId., Section 4. Id., Section 5. SINKING FUND. Commissioners, have the right—two thirds of the Council, both Boards concurring—to charge said Sinking Fund with the payment of principal and interest, or either of any part of the funded debt of The City. 15. The General Council of The City of Louisville may, by ordinance, authorize or direct the repairing or improve- ment of any property, the income of which has been set apart to the Sinking Fund: Provided, however, the Coun- cil shall have no authority to charge said Fund in any one year in a sum exceeding twenty per cent. of the net in- come of the Fund, excluding investments, for that year. The sums thus charged shall be audited and paid by the Commissioners as provided herein. 16. The Commissioners shall deposit the money to their credit as provided in the preceding Section, or which be- longs to the Sinking Fund, in some one of the incorpor- ated banks doing business in The City of Louisville, which has a paid-in capital of at least $ , on such terms as may be agreed upon, and they shall require such security therefor as will insure its safe keeping. They may make temporary loans to The City of Louisville not exceeding fifty thousand dollars in any one year, but to no other per- son or corporation. 17. It shall be unlawful for a Commissioner of the Sink- ing Fund to trade or speculate in the bonds of The City of Louisville, but any Commissioner may hold or sell any such bond or bonds as he may own at the time he became a Commissioner, and he may purchase such bonds as an investment, having first obtained the consent of the Board of Commissioners to do so, by resolution entered on their record-book. Ifany Commissioner shall violate this Sec- ticn, he thereby vacates his office, and it shall be the duty of the other Commissioners to elect another person to fill the vacancy. 18. The General Council of Louisville shall have author- ity, upon the recommendation of the Commissioners of the Sinking Fund, to change or modify the present mode SINKING FUND. 697 of assessing and collecting license, or other special tax, or other incomes belonging to or set apart as a Sinking Fund, and may enforce the payment thereof in such manner and with such penalties as the Council may deem necessary. 19. The Commissioners may elect a secretary and such other officers as they may deem necessary, and may allow and pay out of the Sinking Fund a fair and reasonable compensation to their officers and employes. 20. The Sinking Fund shall be chargeable with the sal- aries of the License Inspector, Assistant Inspector, Mar- ket- and Wharf-masters, and the Treasurer of the Board. The money belonging to the Sinking Fund, or which may be [placed] to the credit of the Commissioners of the Sink- ing Fund, can only be drawn upon the order of the Treas- urer, approved and certified by the President of the Board of Sinking Fund. So much of the tenth Section of the act entitled ‘‘An act to establish boundaries and taxable limits and to amend the charter of The City of Louis- ville,’ approved March 9, 1867, as requires the Commis- sioners of the Sinking Fund to give a covenant to The City of Louisville with approved security, be and is hereby repealed. ‘This act takes effect from its passage. 21. As permitted by an act of the General Assembly of the Commonwealth of Kentucky, approved March 9, 1867, entitled ‘‘An act to establish the boundaries and taxable limits, and to amend the charter of The City of Louis- ville,’ the Mayor, the president of the Board of Alder- men for the time being, and three persons, to be chosen as hereinafter provided by the General Council on joint ballot, and their successors in office, shall constitute the ‘‘Commissioners of the Sinking Fund of The City of Louisville,’”? whose powers and duties shall be as pre- scribed in the act aforesaid. 22. The three Commissioners to be first chosen by the General Council shall be elected on joint ballot in the month of September, 1867; and of the three so elected the one receiving the highest number of votes shall hold Id., Section 6 ]d., Section 7. An ordinance concerning the Commissioners of the Sinking Fund of The City of Louis- vifle. .Ap- proved Sept. 9, 1867. Sec. 1. Id., Section 2. - ~ 698 SINKING FUND. office for three years, the next highest for two years, and the next for one year, from and next after the day of their election, and until his snecessor shall be elected and shall qualify. In the event of a tie vote the General Council shall then, by ballot, determine the re- spective terms for which each is elected ; and in the month of September of each year, after the first election, the General Council shall, on joint ballot, elect a Commis- sioner to fill the place of the one whose term has expired, or is about to expire. If the persons or person elected at any election shall fail to qualify within ten days next after his or their election, he or they so failing shall be re- garded as declining to act, and the General Council shall, as soon thereafter as practicable, elect, on joint ballot, a person to fill the place until the next session, as herein provided for. 23. Should the office of either of the three Commission- ers become vacant before the term for which he was elected shall expire, or should either of said Commissioners elected decline to act, the acting Commissioners shall then elect a Commissioner to fill the vacancy. Hd, Section 4. Q4@, Each of the Commissioners of the Sinking Fund, and the Treasurer of said Commissioners, before entering on the discharge of the duties of his office, shall make oath well, truly, and faithfully, and according to law, to discharge the duties of his office, which oath, being re- duced to writing, shall be signed by the affiant and. at- tested by the officer who administered the oath, and de- livered to the clerk of either Board of the Council, to be kept as part of the records of The City. An actto 20. There shall be added to the present resources of the eee y ae Sinking Fund of said City the stock owned by her in the he Sinks Louisville Water-Works Company, also an annual tax of City of Louis- forty cents on each one hundred dollars’ worth of such Seen eels real and personal property as may be taxed for City pur- 1869. Sec. 1. poses in said City, to be levied and collected in cash, as herein provided. if SINKING FUND. 26. The General Council shall, in the month of April or May, 1869, and in one of the months in each succeed- ing year thereafter, levy a tax of forty cents on each one hundred dollars’ worth of such real and personal prop- erty as may be taxed for City purposes in said City, which shall be styled the ‘‘Sinking-Fund Tax,’ and shall be in lieu of all taxes now levied for the payment of the bonded debt of The City, other than that required to be levied for the payment of the bonds issued to the Elizabethtown and Paducah Railroad Company. The tax shall be as- sessed, levied, and collected in the same manner and with the same penalties as other taxes of The City are assessed, levied, and collected. 27. The bonds of The City now issued or authorized to be issued by existing laws, and which may be issued prior to the first day of July, 1869, except the bonds issued to the Elizabethtown and Paducah Railroad Company, shall be a charge on the Sinking Fund. 28. The Sinking Fund shall be under the control and management of the Commissioners of the Sinking Fund, and shall be held and sacredly used for the payment of the principal and interest of said bonded debt. The re- sources of the Sinking Fund shall not be diminished, but may be increased by the General Council; nor shall any other bonds, nor the interest thereof, be charged upon said Fund, unless provisions are made for the payment thereof at the time of the charge, sufficient, in the opin- ion of the Commissioners, to pay the same. 29. The Commissioners of the Sinking Fund, a majori- ty thereof concurring, shall appoint, at a salary not ex- ceeding twenty-five hundred dollars per annwin, a suit- able person, who shall act as Treasurer and Secretary of the Board and be the Chief License Inspector, who, be- fore entering upon his duties, shall be confirmed by the Board of Aldermen and shall execute a bond to the Com- missioners and their successors, with good and sufficient surety, to be approved by them, to faithfully perform his 699 Id., Section 2. Id., Section 3. Id, Section 4. Id., Section 5. 700 SINKING FUND. Td., Section 6 duties and faithfully account for all moneys, notes, bonds, stocks, or other things of value that may come to his hands or control, and upon such bonds recovery may be had for any breach of the conditions thereof; and said Treasurer and Secretary shall take an oath before a prop- er officer to faithfully discharge the duties of his office. His term of office shall be two years and until his suc- cessor is qualified ; and all vacancies occurring during the time shall be filled by the appointment of said Commis- sioners. 30. He shall keep a true and correct record of all pro- ceedings of the Board of Commissioners, receive and dis- burse all moneys by order of the Board, and Keep a true and correct account thereof; superintend the issuing of licenses and receive the money therefor, and perform all other acts required of him by said Board. He shall ac- count for all moneys, bonds, stocks, notes, and any other thing of value belonging to the Sinking Fund that may come to his hands or control; and if he shall appropriate to his own use any funds, money, or other property be- longing to said Sinking Fund, or shall fail or refuse to surrender any books, papers, moneys, bonds, stocks, notes, or other thing of value to his successor in office, or to any person legally entitled to receive the same, he shall be deemed guilty of embezzlement, and be punished as provided in Article !2, Chapter 28, of the Revised Stat- utes: Provided, however, that the Treasurer of The City of Louisville shall not be elected or act as Treasurer and Secretary of the Board of Commissioners of the Sinking Fund. ; 31. The Commissioners of the Sinking Fund, a majority of them concurring, may appoint as many Assistant In- spectors as they may deem necessary for an efficient col- lection of licenses, who shall be paid out of the Sinking Fund, but none of their salaries shall exceed one thou- sand dollars per annum. The appointment of Assistant Inspectors shall be contirmed by the Board of Aldermen, SINKING FUND. and they shall hold their offices for one year and until their successors are qualified. Before entering upon their du- ties they shall take an oath before a proper officer to faith- fully perform their duties, and shall execute bonds to the Commissioners of the Sinking Fund, to be approved by them, in such an amount as they may require, to faith- fully account for all moneys and other valuable things that may come to their hands or control, and pay over the same; and that they will perform all the duties of their office. 32. The Sinking Fund shall not be liable for any part of the salaries of the Mayor, Auditor, Assessor, or City Treasurer, and the General Council shall have no power to appropriate in any one year for the repairs and im- provement of property belonging to the Sinking Fund an amount which shall exceed fifteen per cent. of the net an- nual income arising from wharves, market-houses, and licenses, The net income arising from such sources for the preceding year shall be the criterion for ascertaining said per centum. Neither the property nor the income belonging to the Sinking Fund shall be assessed for City taxation. | 33. The Commissioners of the Sinking Fund may pro- vide suitable offices for the Treasurer and License Inspect- ors, and pay for the same out of the income of the Sink- ing Fund. 34, The Sinking Fund shall be entitled to the unclaimed stock subscribed and paid for by The City, of the Louis- ville and Nashville Railroad Company prior to January, 1864, subject to the right of the holders of the tax-receipts to claim the same within one year from the passage of this act,eafter which time their right shall be barred. 35. The Sinking Fund to pay the bonded debt of The City is hereby continued as now established by law. 36. The Commissioners of the Sinking Fund of said City shall have the power to purchase from The City of Louisville, or individuals holding the same, the certifi- TOL Id., Section 7. Td., Section 8. Id., Section 9. The charter, act of Mar. 3, 1870. Sec. 96. An act to amend an act establishing a new charter for 702 The City of Louisville, ap- proved March 3, 1870. City of Louisville the stock in the Louisville Water Com- pany which said City has purchased of individual stock- holders, upon such terms as may be agreed upon between the parties. | 40. The General Council of The City of Louisville shall have authority to levy and collect a special tax or license on express and insurance companies having an office or an agency in said City, not exceeding three hundred dol- lars per annwm, which shall be paid into. the Sinking Fund of said City and become a part thereof. 41. The Commissioners of the Sinking Fund may, when they are unable to purchase the City bonds at a reasonable SINKING FUND. price, purchase as an investment United States bonds, Kentucky State bonds, first-mortgage bonds of Louisville and Portland Canal Company, or stock in the Louisville Gas Company. 42. The Commissioners of the Sinking Fund shall de- posit the funds in their hands as Commissioners in some bank incorporated by the General Assembly of the Com- monwealth and doing business in The City of Louisville, after the bank selected shall have given a bond of sufficient security to secure the said Commissioners the payment of all moneys and other things of value deposited by them with such bank; and upon such bond recovery may be had for any breach of the conditions thereof by suit in any court of competent jurisdiction. 43. The General Council shall, in the month of October of each year, elect a Commissioner of the Sinking Fund to fill the place of the Commissioner whose term of service expires that year. In the event the Council fail to elect in that month, then the election shall be made by the Com- missioners themselves. Ifa Commissioner shall die, re- sign, or from any other cause there shall be a vacancy in the office of the Commissioners of the Sinking Fund, the same shall be filled by the Board of Commissioners of the Sinking Fund at a regular meeting of said Board. 44. The Sinking Fund of The City of Louisville be and is hereby charged with the payment of the floating debt of said City, existing on the first day of January, 1882, and for the purpose of paying the same the proceeds of the taxes assessed and. levied by The City of Louisville prior to the year 1882, except the taxes levied for the benefit of the public schools and House of Refuge, as the same may hereafter be collected, shall be paid into the Sinking Fund, and shall be held and applied to the pay- ment of the present bonded debt of said City. 45. The Commissioners of the Sinking Fund of The City of Louisville and Louisville and Nashville Railroad Com- pany are hereby authorized to enter into an agreement 703 Id., Section 6 Id., Section 7. An act to amend the charter of The City of Louis- ville. 2A p- proved Apr. 1, 1882. An act au- thorizing the Commissioners of the Sinking 704 Fund of The City of Louis- ' ville, to secure the payment of eight hundred and fifty City- of-Louisville coupon bonds, by accepting in pledge from the Louisville & Nashville R. R. Co. a sufficient number of U. S. bonds*to meet the same, principal and interest at ma- turity.. Ap- proved Feb. 1, 1882. Sec. 1. An act to amend an act authorizing the Commissioners of the Sinking TonG ole he City of Louis- ville to secure the payment of eight hundred - and fifty City- of-Louisville coupon bonds, by accepting in pledge from the Louisville & Nashville R. R. Co. a sufficient number of U. S. bonds to meet the same, principal and interest at ma- turity, approv- ed Feb. 1, 1882. Approved Mar. 24, 1882. SINKING FUND. by which the remaining eight hundred and fifty City-of- Louisville coupon bonds issued to the Louisville and Nash- ville Railroad Company under a City ordinance, No. 265, approved thirteenth day of November, 1855, interest and principal, will be secured and paid by a deposit of a suffi- cient number of United States bonds with the said Sinking Fund to fully meet the interest and discharge the princi-_ pal of said bonds at or before their maturity; and upon such deposit being made, or upon the payment of said eight hundred and fifty coupon bonds, interest and prin- cipal aforesaid, the stock issued by said Louisville and Nashville Railroad Company on account of the issue of said eight hundred and fifty bonds aforesaid, shall be sur- rendered to the Louisville and Nashville Railroad Com- pany. 46. Section 1 of an act entitled ‘‘An act authorizing the Commissioners of the Sinking Fund of The City of Louis- ville to secure the payment of eight hundred and fifty City-of-Louisville coupon bonds, by accepting in pledge from the Louisville and Nashville Railroad Company a sufficient number of United States bonds to meet the same, principal and interest, at maturity,’’ approved Feb- ruary 1, 1882, is so amended as to authorize the Commis- sioners of said Sinking Fund to accept in pledge and as security for the payment of interest and principal of the said eight hundred and fifty City-of-Louisville coupon bonds a deposit of a sufficient number of United States bonds, City-of-Louisville bonds, or such other bonds as will, in the judgment of said Commissioners, fully meet the interest and discharge the principal of said bonds at or before their maturity; and upon such deposit being made, or upon the payment of said eight hundred and fifty coupon bonds, interest and principal aforesaid, the stock issued by said Louisville and Nashville Railroad Company on account of the issue of said eight hundred and fifty bonds aforesaid shall be surrendered to the Louisville and Nashville Railroad Company. i a i i SINKING FUND. 47. The Commissioners of the Sinking Fund of The City of Louisville are hereby authorized by the unanimous vote of said Commissioners, in their discretion as to time, terms, and quantity, to sell and transfer the whole or any part of the nineteen thousand one hundred and thirty-five shares of the capital stock of the Louisville and Nash- ville Railroad Company issued to The City of Louisville by said Railroad Company and now held by said Sinking Fund. 48. The proceeds of all such sales shall be sacredly ap- plied to the reduction of the present bonded debt of The City of Louisville, and until Louisville City bonds can be purchased at reasonable rates, in the discretion of said Commissioners of the Sinking Fund, the said proceeds of all such sales of the stock aforesaid shall be invested in United States bonds. 49. The second Section of an act entitled ‘‘An act to amend the charter of the Louisville and Nashville Rail- road Company,’ approved February 10, 1864, so far as the same relates to The City of Louisville, and an act en- titled an ‘‘Act authorizing the Commissioners of the Sink- ing Fund of The City of Louisville to sell, dispose of, and transfer the stock of the Louisville and Nashville Rail- road Company held by said Commissioners for said City,”’ approved April 9, 1880, and all laws in conflict with this act, are hereby repealed. sG@s"See FinancE—GAas—GENERAL CouNnciLt—LIcENSE—RAILROADS— RAILWAYS—LAXATION— W ATER. 45 TOD An act au- thorizing the Commissioners of the Sinking Fund of The City of Louis- ville to sell cer- tain stock in the L. & N. R. R. Co. issued to The City of Louisville by said Railroad Company, and to repeal all other laws on the subject. Approved Feb. 1, 1882. Sec- onl: Id., Section 2. Yy Id., Section 3. CHAPTER XLIV. STREET IMPROVEMENT. CONST I Ness 1. The construction and recon- struction of sidewalks. 2. Grading. 3. Curbing and curbstones. 4. Brick pavement. 5. Drainage from house-pipes and water-ways. 6. Pavement for vehicles. 7. Repaving. 8. Recurbing. 9. Rule governing the contractor. 10. Forfeiture of contract; exten- sion of time. 11. There can be no constructive acceptance of work by the Council. 12. Contractor to furnish list of ownérs for apportionment. 13. Repairs for six months to be at the contractor’s expense. 14. The manner of improving streets with Wyckoff pavement. 15. Grading. 16. Preparation of the road-bed. 17. Curbing. 18. Gravel. 19. Flooring. 20. Pavement. 21. Inspection. 22. Old materials. 23. Rule governing the contractor. 24. Failure to complete work and extension of time. 25. The work to be received by resolution of the Council. 26. Apportionment and property- list. 27. Repairs of the first six monthse 28. The manner. of improving streets with Locust-block or other wooden-block pavement under the Phillips plan. 29. Grading. 80. Preparation of the road-bed. 31. Curbing. 32. Pavement. 33. Inspection. ™ 34. Old materials. 30. Rule governing the contractor. 36. Failure to complete work and the extension of time. 37. Work to be received by resolu- tion of the Council. 38. Apportionment and property list. 39. First six months’ repairs. 40. The manner of improving gide- walks with the senior see pavement. 41. Grading. 42. Curbing. 43. Recurbing. 44, Materials of the composition used and manner of laying the same. 45. The spreading and rolling: of materials. 46. Iron gutters for house-drains. 47. Roadways for vehicles. 48, Failure to complete work and the extension of time. 49. Work to be received by Coun- cil resolution. 50. Apportionment, plat and pro- perty-list. STREET IMPROVEMENT. 51. The first six months’ repairs. 52. The manner of improving streets with asphaltic metal pave- ment. ‘SS esecnssentensteeesestsn one Oni 53. Grading. 54, Preparation of the road-bed. 55. Curbing; old materials. 56. Foundation. 57. Intermediate layer. 58. Surface layer. 59. Inspection. 60. Rules governing the contractor. 61. The manner of improving streets with Higdon’s improved block- stone pavement. 62. Grading. 63. Preparation of the road-bed. 64. Curbing; old materials. 65. Foundation. 66. Gravel. 67. Pavement blocks. 68. Inspection. 69. Rules governing the contractor. 70. The manner of improving al- 71. Grading. . 72. Paving of the carriage-way. 73. Paving with block-stone. 74, Paving with Macadam pave- 75. Curbs. 76. Gutters. 77. Bowlder paving. 78. Materials. 79. Inspection. 80. Requirements as to materials. 81. Rules governing the contractor. 82. Repairs during the first six months. 83. Apportionment and property- list. 84. The manner of improving streets with Macadam pavement. 85. Grading. 86. Preparation of the road-bed. ’ 87. Curbing. 88. Gutters. 89. Footway crossings. 90. Street paving. 91. Old materials. 92. Materials and inspection. 93. Rules governing the contractor. 94. Work to be received by Coun- cil resolution. 95. First six months’ repairs. 96. Inspection. 97. The manner of improving streets with bowlder pavement. 98. Grading. 99. Preparation of the road-bed. 100. Curbing. 101. Gutters. 102. Footway crossings. 103. Bowlders. 104. 105. Curbing along railroad tracks. Old materials. 106. Inspection. 107. Rules tractor. 108. Apportionment and property- list. 109. Top covering. 110. Repairs of the first twelve months. 111. The manner of improving streets with granite blocks. governing the con- 112. Description of the material. 1138. 114. 115. 116. 117. 118. 119. 120. 121. 122. Rules tractor. 123. Work to be received by Coun- cil resolution. Footway stones. Manhole heads, ete. Curbs and gutters. Preparation of the road-bed. Laying the pavement. Laying the footway stones. Old materials. Clearing up. Materials and inspection. the governing con- 124. Repairs of the first six months. 125. Inspection. 126. The manner ot constructing flagstone gutters and curbing with concrete foundations, according to Timmons’ patent. 1, Unless otherwise provided by the ordinance direct- ng the work to be done, the grading, curbing, and paving, General or- dinance con- cerning the im- provement of sidewalks. Ap- proved May 5, 1870. 708 Id., Section 1. Id., Section 2. STREET IMPROVEMENT. and furnishing with metal gutters, or the regrading, re- curbing, and repaving, and refurnishing with metal gut- ters, of any sidewalk or portion thereof which the General - Council may order to be so improved, shall be executed as follows: 2. The grading shall agree with the pitch and grade of the sidewalk, with a sufficient depth below the curb to admit the sand or fine gravel and brick pavement being properly placed. Where there is embankment the sides shall be sloped as much as may be necessary to sustain the pavement in its position. 3. Dividing the sidewalks and carriage-ways, and sup- porting the former, there shall be laid a line of curb-stones six inches in width, and each stone shall be at least five feet in length. When the bottom of a gutter is twelve inches or less below the top of the curb-stone, the depth of the curb-stones shall be at least twenty inches; and in no case shall a curb-stone be of less depth than the gutter-paving alongside; and when the gutter-stones are over twelve inches below the top of the curb-stones, the latter shall be at least twenty-two inches in average depth. Curb-stones twenty-one inches in depth and under shall have a full, square joint, not less than twelve inches deep, and all over twenty-one inches in depth shall havea full, square joint on the ends of one inch additional depth for every additional inch in depth of the gutter over twelve inches. ‘The curb- stones shall be cut with a draft around the top, face, and back, and the exposed top and front faces shall be neatly dressed by bush-hammer to an even, regular face, the up- per face to have the same bevel as the sidewalk—the front face to be cut not less than ten inches deep, and the back not less than three inches from the top. The remainder of the front face shall be scabbled or dressed evenly from the bush-hammer work to the bottom, to admit a close joint with the shoulder-pavement. Curb-stones shall be of good, hard, sound limestone, free from flaws, dry- seams, or cracks. The corner curb-stones at the intersec- tion of streets shall have a top face of the fourth of a STREET IMPROVEMENT. circle of twenty-four inches radius, dressed to bevel with the sidewalk—the front face, back, and joints to agree with the adjoining curb. All curb-stones to be laid true to line and grade, and the joints well filled and pointed with cement mortar. The space between the curb and excavation shall be filled with clay or such other material as the Engineer may direct, according to local conditions, and the filling shall be well rammed. 709 4. The brick pavement shall be formed of good, sound, Jd., Section 3. hard-burned, well-formed, whole paving-brick, and laid on a bed of sharp sand or fine gravel four inches in depth. The pavement shall be laid with the usual bond (herring bone), and properly fitted to the fixtures in the sidewalk. When laid and inspected the pavement shall be covered with sharp sand or fine gravel. No broken, irregularly formed, or soft brick shall be used. The pitch of the side- walk, when finished, shall be three eighths of an inch to one foot, the outer edge being raised one-half inch above thelevel ofthe curb. The clippings next the curb or street- line shall be carefully and neatly done. 9. All drainage from house-pipes and water-ways shall Id, Section 4. be by covered iron gutters of approved pattern, properly set upon a bed of gravel six inches in depth. Their top or cover shall be on a level with the top surface of the pavement, and securely fastened. Brick drains of suit- able size, covered with iron plates, shall be put in when required for large or alley drainage. 6. All sidewalks in front of the property of any person Wd., Section 5. or persons, whose business necessitates the crossing there- of with wheeled vehicles, shall have a roadway, either of bricks placed on edge, or of two rows of stone flagging, extending the entire width of the sidewalk, of suitable distance apart, or of stone-block pavement. Where flag- ging is used, each stone composing the flagging shall be not less than four feet long, eighteen inches wide, and ten inches deep, and the spaces between the flagging shall be paved with brick placed on edge. Where stone-block pavement is used, the blocks shall be of the same dimen- Id., Section 6. Id., Section 7. Id., Section 8. Id., Section 9. STREET IMPROVEMENT. sions, and shall be laid as provided for in the general or- dinance entitled ‘‘General ordinance concerning the im- provement of streets.’’ In all cases provided for in this Section the work shall agree with the pitch and grade of the adjacent sidewalk. 7. Inrepaving sidewalks, such old bricks as are suitable for paving may be used in repaving in front of the prop- erty where they were taken from, and in all cases the old material in the sidewalks belongs to and may be claimed by the property-owners, provided they are removed by them on forty-eight hours’ notice being given in writing by the contractor. 8. Recurbing may also be. done with old or new curb- ing. When the old curbstones have been inspected and found to fill the requirements of this ordinance in dimen- sion and quality, they may be reset in front of the same property before which they were originally placed. And should they require moving out to make the sidewalk con- form to the width required by ordinance, then the trench shall be carefully filed with such material as the Engi- neer shall approve, and be well rammed and made secure and solid before any sand or gravel is placed on it. All the joints in the curbing shall be well filled and pointed with cement mortar. 9. The contractor shall prosecute his work in a prompt and orderly manner, and, when required by the Engineer, shall discharge incompetent employes or workmen. 10. Should the contractor fail to execute the work in the time stipulated, he shall forfeit his contract and be entitled to no pay for the work done; but the time fixed for its completion may, on the written recommenda- tion of the City Engineer, for causes deemed sufficient by him, be extended by resolution of the General Council, and the receiving and apportioning of the cost of any work by the General Council after the time when it should have been completed, shall be regarded as an assent to the extension of the time named in the contract. STREET IMPROVEMENT. 11. The use of the street, or any part of it, by individ- uals or the public, shall not entitle the contractor to pay for the work done by him, unless it shall be received by resolution of the General Council. 12. To enable The City to apportion the cost among the owners of the ground fronting the improvement, the con- tractor shall furnish to the City Engineer a list of the names of such owners and a description of the ground owned by each, and when said list and description shall have been furnished and the work received by the Gene- ral Council as completed, The City will apportion the cost of it among the owners of the ground fronting the im- provement and furnish orders therefor against them re- spectively, and subject to the foregoing provisions. 13. The contractor shall, at his own expense, keep his work in good repair during the six months next after its reception by the General Council, and should he, in the opinion of the City Engineer, be tardy in executing this stipulation, the City Engineer may have the necessary re- pairs made at expense of the contractor. 14, Unless otherwise provided for in the ordinance re- quiring the work to be done, the grading, curbing, and laying of Wyckoff pavement on any street that may be ordered by the General Council shall be done as hereinatf- ter provided. 15. The street surface shall be worked to the grade es- tablished by the General Council, and in cross-sections the center or crown of the street and the slopes shall be made as directed by the City Engineer. From the ground-line down to the curbs the surface shall be gradually sloped sufficiently in excavation to prevent the earth from inter- fering with curb or gutter when laid ; and in embankment the sidewalk shall be filled sufficiently to provide a firm support for the curb-stones when in position. 16. After being graded to the required section the road- bed shall be prepared for paving by the removal of all vegetable or mucky material, quicksand, or any remain- 711 Id., Section 10. Id., Section 11. Id., Section 12. An ordinance prescribing the manner of im- proving streets with Wyckoff pavement. Ap- proved Sept. LO 1 Sil See. tion 1. Id., Section 2. Id., Section 3. 712 Id., Section 4. STREET IMPROVEMENT. ing soil, to the extent directed by the Engineer, and the material removed shall be replaced with gravel, sand, or good earth-filling, as directed. Also, in such places as in the judgment of the Engineer it may be necessary, the road-bed shall be rammed, or shall be rolled with a roller of suitable weight, and no paving material shall be put down before the graded or rolled surface shall have been finally inspected by the Engineer. 17. Dividing the sidewalks and carriage-ways, and sup- porting the former, there shall be laid a line of curb- stones six inches in width, and each stone shall be at least five feet in length. Old curb four feet in length, in other respects according to ordinance requirements, may be used. When the bottom of a gutter is twelve inches or less below the top of the curb-stone, the depth of the curb-stones shall be at least twenty inches average depth, and in no case shall the curb-stone be of less depth than the gutter-pav- ing alongside ; and when the gutter-blocks are over twelve. inches below the top of the curb-stones the latter shall be at least twenty-two inches in average depth. Curb-stones twenty-one inches in depth and under shall have a full, square joint, not less than twelve inches deep, and all over twenty-one inches in depth shall have a full, square joint on the ends, of one inch additional depth for every addi- tional inch in the depth of the gutter over twelve inches. The curb-stones shall be cut with a draft around the top, face, and back, and the exposed top and front faces shall be neatly dressed by bush-hammer to an even, regular face; the upper face to have same bevel as the sidewalk ; the front face to be cut not less than ten inches from the top. The remainder of the front face shall be scabbled, or dressed evenly from the bush-hammered work to the ' bottom, to admit of a close joint with the shoulder pave- ment. Curb-stones shall be of good, hard, sound lime- stone, free from flaws, dry-seams, or cracks. The corner curb-stones at the intersection of streets shall have a top face of the fourth of 2 circle of twenty-four inches radius, dressed to bevel with the sidewalk—the front face, back, STREET IMPROVEMENT. and joints to agree with the adjoining curb. All curb- stones shall be laid true to line and grade, and the joints well filled and pointed with cement-mortar. The space between the curb and excavation shall be filled with clay or such other material as the Engineer may direct, ac- cording to local conditions, and the filling shall be well rammed. 18. When the road-bed is properly prepared, inspected, and approved by the engineer in charge, unless otherwise ordered, a bed of good, sharp, fine gravel or gravel-sand shall be laid upon it, and shall be smoothly rounded to the shape of the street. In the gravel used no stone shall be of larger diameter than one half inch. 19. Upon this fine gravel or sand there shall be laid a flooring of sound, dry, common boards, as directed by the City Engineer, one inch thick, laid close together, run- ning in courses lengthwise of the street. The boards shall be dipped thoroughly in hot coal-tar, when necessary, brought to a proper consistency with pitch, so as to be tough, and not brittle, when cool. The ends of the floor- ing shall be squared, and shall rest on stringers of the same material, placed transversely with the flooring, and be at least ten inches in width, the joints to be broken, when required by the Engineer, on alternate stringers, the whole to be laid evenly and smoothly to the proper camber and grade. 20. On this flooring shall be set or laid, in an upright 713 Id., Section 5. Id., Section 6. Id., Section 7. posture, blocks of sound, dry wood, free from sap, loose - or rotten knots, and all other defects, the particular kind and quality of wood to be first approved by the City En- gineer. The paving-blocks shall be of split wood, irregu- lar in shape, and of sufficient size, and so placed with re- gard to openings as to accommodate the foothold of horses. These blocks shall be well dipped in boiling tar, and the flooring-boards shall be mopped with a coat of hot tar, care being taken to make a perfectly even surface. Upon the flooring-boards so prepared the tarred blocks 714 STREET IMPROVEMENT. shall be set up endwise, side by side, and saw-dust, tan- bark, or any other fibrous material shall be put in the crevices to one inch in depth, for a perfect packing around the blocks, to prevent the gravel working under. The re- maining spaces will then be filled with gravel and with hot var poured over all. The whole pavement-surface shall be finally covered with tar, gravel, and sand, which may be left until thoroughly packed in the openings, and to form a hard, smooth surface. After a sufficient time, in the judgment of the City Engineer, to secure this ob- ject, the gravel and sand may be swept off the surface. Or in leu of flooring-boards and paving-blocks dipped in tar, as hereinbefore stated, there may be used flooring- boards and paving-blocks preserved by the Robbins or other wood-preserving process, to be specially named in the ordinance providing therefor. Each end of the work shall be secured with a wooden curb, prepared in the same manner with the residue of the timber, as above specified, and this curb shall be at least three inches in thickness, and of such depth as may be required, in the judgment of the Engineer, to secure the work. Should locust-wood be selected and named in the special ordinance directing the work, such locust-wood paving-blocks may be laid down without tar-dipping or other wood-preserving prepa- ration, but the flooring-boards shall be prepared as herein- before provided. All coal-tar used in the work shall be pure, and when, in the judgment of the Engineer, itis not so considered, it shall be boiled down and so thickened with pitch as to be tough and fibrous when. cool, and not brittle, even in cold weather. It is to be applied hot and in such quantities as will thoroughly penetrate and fill all the joints. The quantity used in each square yard will be not less than three gallons, and in all cases will be suffi- cient to fill the spaces between the paving-blocks. The whole surface of the pavement, as rapidly as the same shall be completed, shall be covered with hot coal-tar, pre- pared as above specified, and immediately coated with fine sand and gravel, mixed in about equal proportions, and not less than three fourths of an inch thick. STREET IMPROVEMENT. 715 21. Every required facility shall be afforded and sup- plied by the contractor for a thorough inspection of the work and all materials used, both during the progress of the work and after completion. On any dav appointed, and before the commencement of the pavement-work proper, all the flooring and block-material required for each half square of Wyckoff pavement shall be delivered on the site of the work, and either piled or turned over by the contractor’s force for inspection. After the inspec- tion the contractor shall at once remove from the ground, in the presence of the Engineer or his representative, all rejected material, and shall afteward replace the same, giving to the Engineer sufficient notice for reinspection before the material is wanted for work. 22. All old materials from old streets which it becomes necessary to remove from the surface of the street, in the course of the work, shall be the property of the contractor, and the same shall be immediately removed from the site of the work. AI] surplus materials, earth, sand, rubbish, and refuse, are to be removed from the site of the work as rapidly as the work progresses. At such time as the En- gineer may direct the covering sand shall be swept into heaps and immediately removed from the site of the work. 23. The contractor shall prosecute his work in a prompt and orderly manner, and when required by the Engineer shall discharge incompetent employes or workmen. 24. Should the contractor fail to execute his work in the time stipulated he shall forfeit his contract, and be entitled to no pay for the work done; but the time fixed for its completion may, on the written recommendation of the City Engineer, for causes deemed sufficient by him, be extended by resolution of the General Council, and the receiving and apportioning of the cost of any work by the General Council after the time when it should have been completed shall be regarded as an assent to the ex- tension of the time named in the contract. 20. The use of the street, or any part of it, by individ- Id., Section 8. Id., Section 9. Id., Section 10. Id., Section 11. 716 STREET IMPROVEMENT. Id., Section 12. Id., Section 18. An ordinance prescribing the manner of im- proving streets with the locust- bloek or other wooden-b lock pavement un- der the Phillips plan. Approv- ed Sept. 30, 1871. Sec. 1. Id., Section 2. Id., Section 3. uals or the public, shall not entitle the contractor to pay for the work done by him unless it shall be received by resolution of the General Council. 26. To enable The City to apportion the cost among the owners of ground liable for the cost of the improvement, the contractor shall furnish the City Engineer a list of the names of such owners and a description of the ground owned by each; and when said lst and description shall have been furnished, and the work received by the Gene- ral Council as completed, The City will apportion the cost of it among the owners of ground liable for the improve- ment, and furnish orders therefor against them respec- tively and subject to the foregoing provisions. 27. The contractor shall, at his own expense, keep his work in good repair during the six months next after its reception by the General Council; and should he, in ‘the opinion of the City Engineer, be tardy in executing this stipulation, the City Engineer may have the necessary re- pairs made at the expense of the contractor. 28. Unless otherwise provided for in the ordinance re- quiring the work to be done, the grading, curbing, and laying of locust-block pavement on any street that may be ordered by the General Council shall be done as here- inafter provided. : 29. The street surface shall be worked to the grade es- tablished by the General Council, and in cross-sections the center or crown of the street and the slopes shall be as may be directed by the City Engineer. From the eround-line down to the curbs the surface shall be gradu- ally sloped sufficiently in excavation to prevent the earth from interfering with curb or gutter when laid, and in em- bankment the sidewalk shall be filled sufficiently to pro- vide a firm support for the curb-stones when in position. 30. After being graded to the required section the road- bed shall be prepared for paving by the removal of all vegetable or mucky material, quicksand, or any remain- ing soil, to the extent directed by the Engineer, and the STREET IMPROVEMENT. T17 material removed shall be replaced with gravel, sand, or good earth filling, as directed. Also, in such places as in the:judgment of the Engineer it may be necessary, the road-bed shall be rammed, or shall be rolled with a roller of suitable weight, and no paving material shall be put down before the graded or rolled surface shall have been finally inspected by the Engineer. 31. Dividing the sidewalks and carriage-ways, and sup- porting the former, there shall be laid a line of curb- stones six inches in width, and each stone shall be at least five feet in length ; but in resetting old curb, stones four feet in length, otherwise suitable, may be used. When the bottom of a gutter is twelve inches or less below the top of the curb-stone the depth of the curb-stones shall be at least twenty inches average depth, and in no case shall the curb-stone be of less depth than tlfe gutter-pav- ing alongside; and when the gutter-blocks are over twelve inches below the top of the curb-stones the latter shall be at least twenty-two inches in average depth. Curb-stones twenty-one inches in depth and under shall have a full square joint not less than twelve inches deep, and all over twenty-one inches in depth shall have a full square joint on the ends of one inch additional depth for every additional inch in the depth of the gutter over twelve inches. The curb-stones shall be cut with a draft around the top, face, and back, and the exposed top and front faces shall be neatly dressed by bush-hammer to an even, regular face; the upper face to have same bevel as the sidewalk; the front face to be cut not less than ten inches from the top. The remainder of the front face shall be scabbled or dressed evenly from the bush-ham- mered work to the bottom, to admit of a close joint with the shoulder pavement. Curb-stones shall be of good, hard, sound limestone, free from flaws, dry seams, or cracks. Thecorner curb-stones at the intersection of streets shall have a top face of the fourth of a circle of twenty- four inches radius, dressed to bevel with the sidewalks ; the front face, back, and joints to agree with the adjoin- Id., Section 4. 718 Id., Section 5. STREET IMPROVEMENT. ing curb. All curb-stones shall be laid true to line and gerade, and the joints well filled and pointed with cement- mortar. The space between the curb and excavation shall be filled with clay, or such other material as the Engineer may direct, according to local conditions ; and the filling shall be well rammed. 32. First—Upon the road-bed prepared as above speci- fied there shall be spread from curb to curb an underlay- ing of broken stone, not less than six inches nor exceeding ten inches in depth, as in the judgment of the Engineer the foundation may require. The lower course of stone may be rough-broken to the depth of three inches when the broken stone course is eight or less, and to the depth of four inches where it exceeds. eight inches in depth. Above the bottom course the stone shall be ‘‘small- broken,”’ or to pass through a two-and-a-half-inch ring, when required; and the entire course of broken stone shall be spread to the cross-section directed by the City Engi- neér, and shall be thoroughly rammed so as to be solid and compact throughout when ready for the gravel sur- face. A course of gravel four inches deep shall be spread over the broken stone course, and its surface shall be thoroughly rolled and rammed until it is firm and solid, and truly laid to the cross-section directed by the City Engineer. Second—After the street has been prepared and packed or rammed, as above specified, such additional amount of good, coarse, clean gravel shall be put on as may be necessary to give the surface the proper form and gerade to receive the blocks which are to be placed upon it on their ends, as closely as may be, in a manner similar to bowlder pavements ; the space between them to be well filled with good, clean gravel and rammed, and the whole to be covered with one inch of good, coarse, clean gravel, after having been thrice rammed. Third—The blocks, which must be of good, sound locust, white oak, red cedar, or such other wood as may be specified in the ordinance ordering the work, shall be six inches in length, and not less than three inches nor more than eight inches in diame- STREET IMPROVEMENT. 719 ter, free from bark, and sawed evenly and squarely on their ends. 33. Every required facility shall be afforded and sup- plied by the contractor for a thorough inspection of the work and all materials used, both during the progress of the work and after completion. On any day appointed, and before the commencement of the pavement work proper, all the flooring and block material required for each half square of locust-block pavement shall be deliv- ered on the site of the work, and either piled or turned over by the contractor’s force for inspection. After the inspection the contractor shall at once remove from the eround, in the presence of the Engineer or his representa- tive, all rejected material, and shall afterward replace the same, giving to the Engineer sufficient notice for reinspec- tion before the material is wanted for the work. 34. All old materials from old streets which it becomes necessary to remove from the surface of the street in the course of the work shall be the property of the contractor, and the same shall be immediately removed from the site of the‘work. All surplus materials, earth, sand, rubbish, and refuse are to be removed from the site of the work as rapidly as the work progresses, or at such time as the Engineer may direct. The covering-sand shall be swept into heaps and immediately removed from the site of the work; and unless this requirement be complied with to the satisfaction of the Engineer within forty-eight hours after the expiration of the time designated by the City Engineer, the work will not be considered finished accord- ing to contract. 39. The contractor shall prosecute his work in a prompt and orderly manner, and when required by the Engineer shall discharge incompetent employes or workmen. 36. Should the contractor fail to prosecute his work in the time stipulated, he shall forfeit his contract, and be entitled to no pay for the work done; but the time fixed for its completion may, on the written recommendation Id., Section 6. Id., Section 7. Id., Section 8. 720 STREET IMPROVEMENT. Id., Section 9. Id., Section 10. Id., Section 11. An ordinance concerning the improvement of sidewalks with improved composition pavement. Ap- proved May 21, 1872. Id., Section ik of the City Engineer, for causes deemed sufficient by him, be extended by resolution of the General Council; and the receiving and apportioning of the cost of any work by the General Council after the time when it should have been completed shall be regarded as an assent to the ex- tension of the time named in the contract. 37. The use of the street or any part of it by individ- uals or the public shall not entitle the contractor to pay for the work done by him unless it shall be received by resolution of the General Council. 38. To enable The City to apportion the cost among the owners of ground liable for the cost of improvement, the contractor shall furnish the City Engineer a list of the names of such owners, and a description of the ground owned by each; and when said list and description shall have been furnished, and the work received by the Gene- ral Council as completed, the City will apportion the cost of it among the owners of ground liable for the improve- ment, and furnish orders therefor against them respect- ively, and subject to the foregoing provisions. 39. The contractor shall, at his own expense, keep his work in good repair during the six months next after its reception by the General Council; and should he, in the opinion of the City Engineer, be tardy in executing this stipulation, the City Engineer may have the necessary repairs made at the expense of the contractor. 40. Unless otherwise provided by the ordinance direct- ing the work to be done, the grading, curbing, and pav- ing, and furnishing with metal gutters, or the regrading, recurbing, or repaving, and furnishing with metal gutters, of any sidewalk or portion thereof which the General Council may order to be so improved with improved com- position pavement, shall be executed as follows. 41. The sidewalks shall be graded to such a depth as to admit the pavement being laid to the proper grade and pitch of the sidewalk. Where there is embankment the STREET IMPROVEMENT. sides shall be sloped as much as may be necessary to sus- tain the pavement in position. 42. Dividing the sidewalks and carriage-ways, and sup- porting the former, there shall be laid a line of curb-stones not less than six inches in width, and each stone shall be at least five feet in length. When the bottom of a gutter is twelve inches or less below the top of the curb-stone the depth of the curb-stones shall be at least twenty inches, and in no case shall a curb-stone be of less depth than the gutter paving alongside; and when the gutter- stones are over twelve inches below the top of the curb- stones the latter shall be at least twenty-two inches in average depth. Curb-stones twenty-one inches in depth and under shall have a full square joint not less than twelve inches deep, and all over twenty-one inches in depth shall have a full square joint on the ends of one inch additional depth for every additional inch in depth of the gutter over twelve inches. The curb-stones shall be cut with a draft around the top, face, and back, and the exposed top and front faces shall be neatly dressed by bush-hammer to an even, regular face ; the upper face to have the same bevel as the sidewalk ; the front face to be cut not less than ten inches deep, and the back not less than three inches from the top. The remainder of sthe front face shall be scabbled or dressed evenly from the bush-hammer work to the bottom, to admit a close joint with the shoulder pavement. Curb-stones shall be of good, hard, sound limestone, free from flaws, dry seams, or cracks. The corner curb-stones at the intersections of streets shall have a top face of the fourth of a circle of twenty-four inches radius, dressed to bevel with the side- walk; the front face, back, and joints to agree with the adjoining curb. All curb-stones to be laid true to line and grade, and the joints well filled and pointed with cement-mortar. The space between the curb and excava- tion shall be filled with clay or such other material as the Engineer may direct, according to local conditions, and the filling shall be well rammed. 46 Id., Section 2. 722 Id., Section 3. Id., Section 4. Id., Section 5. STREET IMPROVEMENT. 43. Recurbing may be done with old or new curb- ing. When old curb-stones have been inspected and found to fill the requirements of this ordinance in dimen- sion and quality, they may be reset in front of the same property before which they were originally placed. And should they require moving out to make the sidewalk conform to the width required by ordinance, then the trench shall be carefully filled with such material as the Engineer shall approve, and be well rammed and made se- cure and solid before any sand or gravel is placed on it. All the joints in the curbing shall be well filled and pointed with cement-mortar. 44. The composition pavement shall be composed of the following materials, and be laid in two courses, as specified below: The bottom course to be composed of gravel and coal-tar, thoroughly mixed; the top course is to be of gravel, clean, sharp sand, and coal ashes, thor oughly mixed with coal-tar, pine tar, or pitch and rosin, in the following proportions: For each cubic yard of gravel, clean sand and coal ashes is to be added; pitch or pine-tar, five gallons; rosin, two gallons; coal-tar, thirty gallons. 45. After the sidewalk has been graded to the proper depth it shall, if required by the City Engineer, be rolled with a suitable roller until the surface is even, smooth, and solid. Upon this graded surface shall be placed a layer of sharp sand or gravel from two to four inches in thickness, which shall be well rolled. Upon this bed of gravel and sand shall be spread a layer of the composi- tion pavement two inches in thickness, composed of the coarser material, which shall be well rolled until it pre- sents an even and smooth surface. Upon this bottom course shall be spread a second layer of the fine material, care being taken to spread the same evenly, to agree with the pitch of the sidewalk. This second layer shall be at least one inch in thickness. After the top layer is spread it shall be sprinkled with water and a light coating of “4 ain STREET IMPROVEMENT. clean, sharp sand spread over the surface. It shall then be well and thoroughly rolled with a roller of suitable weight, and the borders and places next the curb-stones or fixtures in the sidewalk shall be tamped and rammed until the whole is firm and solid. The pavement shall then be allowed a sufficient time until the material is thoroughly set before being finished. When the pave- ment has become thoroughly set it shall be saturated with coal-tar, rosin, and litharge, prepared as follows: For each barrel of coal-tar shall be added twenty-five pounds of rosin ; after this has been brought to a proper consistency by boiling, thirty pounds of litharge shall be added to harden the mixture ; the quantity used to be not less than one half gallon to the square yard; this mixture to be evenly spread with a scraper made of rubber, or a brush used for the purpose. After it is thus spread, the sur- face of the pavement shall be sprinkled with fine, clean sand and cement, in equal proportions, to a sufficient depth to prevent the roller sticking to the tar. The pave- ment is then to be rolled until the liquid tar is all taken up by the sand, after which the pavement is to be covered with a light sprinkling of clean, sharp sand. The pave- ment when completed is to measure three inches in depth. 46. All drainage from house-pipes and water-ways shall be by covered iron gutters of approved pattern, properly set upon a bed of gravel six inches in depth. Their top or cover shall be ona level with the top surface of the pavement, and securely fastened. 47. All sidewalks in front of the property of any per- son or persons whose business necessitates the crossing thereof with wheeled vehicles shall have a roadway either of bricks placed on edge, or of two rows of stone flagging extending the entire width of the sidewalk, of suitable distance apart, or of stone-block pavement. Where flag- ging is used, each stone composing the flagging shall be not less than four feet long, eighteen inches wide, and ten inches deep, and the space between the flagging shall be paved with brick placed on edge. Where stone-block 723 Id., Section 6. Id., Section 7. 724 Id., Section 8. Id., Section 9. Id., Section 10. Id., Section 11. STREET IMPROVEMENT. pavement is used the blocks shall be of the same dimen- sions, and shall be laid as provided for in the general ordinance entitled ‘‘General ordinance concerning the improvement of streets.’ In all cases provided for in this Section the work shall agree with the pitch and grade of the adjacent sidewalk. 48. Should the contractor fail to execute the work in the time stipulated he shall forfeit his contract, and be entitled to no pay for the work done; but the time fixed for its completion may, on the written recommendation of the City Engineer, for causes deemed sufficient by him, be extended by resolution of the General Council; and the receiving and apportioning of the cost of any work by the General Council after the time when it should have been completed shall be regarded as an assent to the extension of the time named in the contract. 49. The use of the street, or any part of it, by indi- viduals or the public, shall not entitle the contractor to pay for the work done by him, unless it shall be received by resolution of the General Council. 50. To enable The City to apportion the cost among the owners of ground fronting the improvement, the City Engineer shall furnish the Assessor with a plat showing the area to be assessed for the cost of the improvement, and the Assessor shall furnish to the City Engineer a list of the names of such owners within said area, and a de- scription of the ground owned by each; and when said list and description shall have been furnished, and the work received by the General Council as completed, The City will apportion the cost of it among the owners of eround fronting the improvement, and furnish orders therefor against them respectively and subject to the fore- going provisions. 51. The contractor shall, at his own expense, keep his work in good repair during the six months next after its reception by the General Council; and should he, in the opinion of the City Engineer, be tardy in executing this —_- pin) aoe ~~ ee —SeEe Se Se, STREET IMPROVEMENT. stipulation, the City Engineer may have the necessary repairs made at the expense of the contractor. 52. Unless otherwise provided for in the ordinance re- quiring the work to be done, the grading, curbing, and laying of the asphaltic metal pavement on any street that may be ordered by the General Council shall be done as hereinafter provided. 53. The street surface shall be made to conform to the gerade established by the General Council. The rise of the center or crown of the street from the gutter shall be at a rate not greater than one half inch for every foot it is distant from the gutter. It shall be circular in cross- section from gutter to gutter. 54. After being graded to the required section, the road-bed shall be prepared by being trimmed to a uniform surface, and thorougly rolled with a roller of suitable 725 An ordinance prescribing the manner of im- proving streets with asphaltic metal pave- ment. Ap- proved Sept. 5, 1875. “Sec. 1. Id., Section 2. Id., Section 3. weight, and no paving material shall be put down before ~ the graded or rolled surface shall have been finally in- spected by the Engineer. 90. Dividing the sidewalks and carriage-ways, and sup- porting the former, there shall be laid a line of curb-stones six inches in width, and each stone shall be at least five feet in length. When the bottom of the gutter is twelve inches or less below the top of the curb-stone, the depth of the curb-stone shall average at least twenty inches, and in no case shall the curb-stone be of less depth than the adjacent gutter paving, and when the gutter is over twelve inches below the top of the curb-stones, the latter shall be at least twenty-two inches in average depth. Curb- stones twenty-one inches in depth and under shall have a full square joint, not less than twelve inches deep, and all over twenty-one inches in depth shall havea full square joint on the ends of one inch additional depth for every additional inch in the depth of the gutter over twelve inches. The curb-stones shall be cut with a draft around the top face, and front face shall be neatly dressed with bush-hammer to an even, regular face. The upper face Id.. Seetion 4. 726 STREET IMPROVEMENT. Id., Section 5. Id., Section 6. Id., Section 7. to have the same bend as the sidewalk ; the front face to be cut not less than ten inches from the top; the remain- der of the front face shall be scabbled, or dressed evenly, from the bush-hammer work to the bottom, to admit of a close joint with the asphaltic pavement. Curb-stones shall be of good, hard, sound limestone, free from flaws, dry seams, or cracks. The recurbing in reconstruction may be done with old or new curb-stones. When the old curbstones have been inspected and found to be four feet long, and to fill all the requirements of this ordinance in other dimensions and quality, they may be reset in front of the same. property before which they were originally placed ; and should they require moving out to make the the sidewalk conform to the width required by ordinance, then the trench shall be carefully filled with such mate- rial as the Engineer shall approve, and be well rammed, and made secure and solid. All the joints in curbing shall be well filled and pointed with cement-mortar, after having been set true to a line and grade. 96. When the road-bed is properly prepared, inspected, and. approved by the Engineer in charge, unless otherwise ordered, there shall be laid a foundation of good, sound, broken stone, to the depth of seven inches, spread to con- form to the shape of the street, over which fine gravel or sand shall be spread sufficient to fill the lower interstices, all of which shall be well rolled with a roller of suitable weight. 57. There shall be laid on the foundation an interme- diate layer of coarse gravel or fine broken stone, incorpo- rated with asphaltic compound, which asphaltic com- pound shall be made of pure asphaltum compounded with sulphurated hydro carbon, such intermediate layer to be spread to the depth of two inches while in a heated con- dition, and well rolled until cold. 98. On the intermediate layer there shall be laid a sur- face or finishing layer of sand and gravel, or fine broken stone, incorporated with the asphaltic compound, the STREET IMPROVEMENT. same as used in the intermediate layer, to a depth of two inches, which shall be well rolled under a heavy pressure until cold. 09. Every required facility shall be afforded and sup- plied by the contractor for a thorough inspection of the work and of all materials used both during the progress of the work and after its completion. 60. The contractor, or his authorized agent, shall be on the work during working hours. In the absence of both, a written notice served on the foreman shall be considered binding on the contractor. He shall afford all required facilities for the removing or relaying of gas- and water- pipes. He shall prosecute his work in a prompt and or- derly manner. 61. Unless otherwise provided for in the ordinance re- quiring the work to be done, the grading, curbing, and laying of Higdon’s improved block-stone pavement on any street that may be ordered by the General Council shall be done as hereinafter provided. 62. The street-surface shall be made to conform to the grade established by the General Council. The rise of the center or crown of the street from the gutter shall be at a rate not greater than one half inch for every foot it is distant from the gutter. It shall be circular in cross- section from gutter to gutter. 63. After being graded to the required section, the road- bed shall be prepared by being trimmed to a uniform sur- face and thoroughly rolled with a roller of suitable weight, and no paving material shall be put down before the graded or rolled surface shall have been finally inspected by the Engineer. 64. Dividing the sidewalks and carriage-ways, and sup- porting the former, there shall be laid a line of curb-stones six inches in width, and each stone shall be at least five feet in length. When the bottom of the gutter is twelve inches or less below the top of the curb-stone, the depth 727 Id., Section 8. Id., Section 9. An ordinance prescribing the manner of im- proving streets with Higdon’s improv d bl’ck- stone pave- ment. Ap- proved Oct. 3, 1875. Sec. 1. Ia., Section 2. Id., Section 3. Id., Section 4. 728 Id., Section 5. STREET IMPROVEMENT. of the curb-stone shall average at least twenty inches, and in no case shall the curb-stone be of less depth than the adjacent gutter-paving, and when the gutter-blocks are over twelve inches below the top of the curb-stones, the latter shall be at least twenty-two inches in average depth. Curb-stones twenty-one inches in depth and under shall have a full, square joint not less than twelve inches deep, and all over twenty-one inches in depth shall have a full, square joint on the ends of one inch additional depth for every additional inch: in the depth of the gutter over twelve inches. The curb-stones shall be cut with a draft around the top, face, and back, and the exposed top and front face shall be neatly dressed with bush-hammer to an even, regular face, the upper face to have the same bend as the sidewalk, the front face to be cut not less than ten inches from the top; the remainder of the front face shall be scabbed or dressed evenly from the bush- hammer work to the bottom, to admit of a close joint with the block-stone pavement. Curb-stones shall be of good, hard, sound limestone, free from flaws, dry seams, or cracks. The recurbing in reconstruction may be done with old or new curbing. When the old curb-stones have been inspected, and found to be four feet long and to fill all the requirements of this ordinance in other dimensions and quality, they may be reset in front of the same prop- erty before which they were originally placed; and should they require moving out to make the sidewalk conform to the width required by ordinance, then the trench shall be carefully filled with such material as the Engineer shall approve, and be well rammed and made secure and solid. All the joints in curbing shall be well filled and pointed with cement-mortar after having been set true to a line and grade. 65. When the road-bed is properly prepared, inspected, and approved by the Engineer in charge, unless other- wise ordered, there shall be laid a foundation of good, sound.broken stone, the depth of four inches, to be spread —s oC STREET IMPROVEMENT, to conform to the shape of the street, and well rammed or rolled under a heavy pressure. 66. On the foundation of broken stone there shall be laid a bed of bond gravel, and evenly spread to the depth of three inches, which shall also be rolled under a heavy pressure 67. On this bed of gravel shall be placed blocks of Pewee Valley or other hard and durable stone, to be from three to five inches thick, seven inches deep, and not more than fifteen inches in length, to be placed in regular courses, one inch apart at sides and ends; the gutters, however, to be made, for a space of four feet from the curb, of same quality of stone as the paving-blocks, also having the same depth as the paving-blocks, and to be laid in same position as they were taken from the quarry, presenting an exposed surface of not less than twelve by twelve inches, having the same space left between them as between the other paving-blocks; the blocks shall in all cases break joints; the interstices to be filled first to the depth of three inches with bond gravel, which shall be well rammed; the remainder to be filled with a compound, the basis of which shall be sulphurated hydro carbon, intermixed with sand and gravel or fine broken stone, while in a heated state, and well rammed or tramped. 68. Every required facility shall be afforded and sup- plied by the contractor for a thorough inspection of the work and of all materials used both during the progress of the work and after its completion. 69. The contractor, or his authorized agent, shall be on the work during working hours. In the absence of both, a written notice served on the foreman shall be consid- ered binding on the contractor. He shall afford all re- quired facilities for the removing or relaying of gas- and water-pipes. He shall prosecute his work ina prompt and orderly manner. 70. Unless otherwise provided by the ordinance direct- ing the work to be done, the grading, curbing and paving, Id., Section 6. Id., Section 7. Id., Section 8. Id., Section 9. General or- dinance con- cerning the im- provement of alleys. Ap- proved May 18, 1878. 730 Id., Section 1. Id., Section 2. Id., Section 3. STREET IMPROVEMENT. or grading and paving of any alley which the General Council may order to be improved, shall be executed in one of the different methods herein described. 71, All alleys shall be graded with a smooth and even surface true to the established form and grade. In all alleys with center drainage the slope of the sides toward the center shall be not more than three fourths of an inch to one foot. In alleys with side drainage the center line of the crown when paved shall not be more than eight inches above the gutter when laid. 72, The paving of the carriage-way shall be done accord- ing to one of the three following methods, v7z.: with block- stone paving, Macadam paving, or bowlders, as herein provided. 73. The paving of alleys with block-pavement shall be as follows: A bed of clean, sharp paving gravel, six inches deep, shall be placed on the graded surface of the alley. On this bed of gravel, and along the center of the alley, there shall be laid a range of gutter stones nine inches wide, not less than twelve inches long, and not less than eight inches deep. The shoulder-ranges shall consist of a single range of stones placed longitudinally on each side of the gutter-range, each stone of which shall not be less than six inches wide, and the other dimensions shall be the same as for the gutter-range. The edges, ends, faces, and sides of the stone shall be dressed straight and square in shape, so as to form good joints, faces, and beds. The gutter, when formed, shall be true to line and grade. All eutter- and shoulder-stones shall be laid on their natural beds. The paving between the sides and the gutter shall be laid ranging across the alley, square to the line of the eutter, and of uniform thickness in each range. In the paving no stone shall be less than six nor more than ten inches in thickness, and in depth not less than eight inches. They shall be laid smooth and true to grade and form, with joints regularly and squarely broken. Each stone shall be well rammed and bedded as it is laid. On each STREET IMPROVEMENT. side of the alley where there are no sidewalks, a border range of paving-stones, not less than ten inches long, six inches wide, and not less than eight inches deep, shall be laid to sustain the outer edge of the pavement. After the pavement is laid and inspected, it shall be well covered with clean sand or fine gravel, and swept until all the joints are well and thoroughly filled. The paving shall then be thoroughly rammed with suitable rammers until the surface of the alley is smooth and even, and then coy- ered with a coating of fine gravel at least two inches deep. 74. The carriage-way paving between the gutters shall be made as follows: After the road-bed (prepared as re- quired) shall have passed inspection, there will be laid to the depth of seven inches, for the foundation course, a bed of the larger broken stone, which shall not exceed from three to four inches in any dimension. ‘This course of large stone shall be evenly and closely spread, and rolled true to the alley section. Over the first course there shall be spread a second course of small stone, broken to pass through a two and a half inch ring, to a depth of seven inches at the gutters, and eight inches at the crown, which shall also be wellrolled. The street-roller used shall be of at least five tons weight. Finishing the work, there shall be spread over the broken stone a layer of good bond gravel at least two inches thick, which shall be rolled down by the street-roller to the true section of the alley, and the whole pavement, when so completed, shall meas- ure fifteen inches in depth at the crown, and fourteen inches in depth at the sides. 75. When curbing is ordered by the Council on each side of the alley carriage-way, there shall be set a line of curb-stones. The curb-stones, when dressed, shall be of uniform thickness in each square, not less than five inches thick, and not less than four feet long. They shall be at least eighteen inches in depth. They shall be set true to line and grade. 731] Id., Section 4. Id., Section 5. 76. All side gutters in macadamized alleys shall be two Jd., Section 6. 732 Id., Section 7. STREET IMPROVEMENT. (2) feet in width, measured from the curb-stone toward the alley center, and shall be one of the two classes men- tioned below, as the Engineer may determine with refer- ence to the local necessities of the work, and shall consist, first, of block paving formed of four courses of stone laid parallel to the curb; or, second, of block-stone paving formed of three courses, the gutter-ranges laid parallel with the curb, and backing or shoulder-range laid at right angles to the gutter-range. The stone for gutter-range shall be from eight to ten inches in depth, and from eight to ten inches in width. The stone for the backing and shoulder-ranges shall be not less than ten inches in length, from eight to ten inches in depth, and not less than six inches in width. The block-stone for paving open or val- ley gutters crossing the intersection of alleys, shall be laid two and a half feet on each side of the cutter-range, mak- ing the gutter five feet in width in addition to the width of the gutter-range; and all these stones shall be twelve inchesdeep. The gutter-stones shall be laid on their nat- ural beds, the joimts shall be well broken, and the edges, ends, face, and sides shall be dressed straight and square in shape, so as to form good, close joints. The whole of the gutter-work shall be laid on a bed of clean gravel not less than six inches in depth, each stone to be carefully and firmly bedded in the gravel, and then well rammed as it is laid, until true to line and grade, and even and regular on thesurface. After the gutter pavement is laid, rammed, and inspected, it shall be covered with fine gravel and be swept over until all joints are filled. 77. The grading shall be done as specified in Section 1. In alleys with center-drainage the gutters shall be made as specified in Section 8, and in alleys with sidewalks and side-drainage the curbs and gutters shall be made as speci- fied in Sections 5 and 6 of this ordinance. Where center- drainage is used, there shall be laid on each side of the alley a border-range of paving-stones as provided in Sec- tion 38. After the alley has been graded to the proper section, and has been inspected and approved by the City STREET IMPROVEMENT, 733 Engineer, it shall be covered with a bed of good bond gravel (subject to the approval of the City Engineer), to be at least twelve inches in depth, upon which the bowlders are to be laid true to the section of the alley. The bowl- ders shall be sound, hard, and free from flaws, and not less than three (8) inches in depth when set in an upright position, and the largest not to exceed nine inches, and no bowlders shall show an exposed surface exceeding nine inches in diameter. . When required by the Engineer, the bowlders shall be assorted in sizes before being hauled to the site of the work, and all sandstone, limestone, or other inferior material shall be rejected. In laying the bowl- ders, the largest shall be placed at or next to the gutter, and the smallest at and upon the center of the alley. All are to be well set and firmly imbedded endwise in the eravel, with their largest diameter vertical, and to the proper camber or section of the alley. After the bowl- ders have been thus set, the spaces between them are to be filled with fine gravel, and after being swept clean they are to be well rammed with rammers weighing at least fifty pounds. The surface of the alley is to be covered with a coating of fine gravel, and again swept clean, and the second time rammed until the bowlders are firmly secured and forced down even and regular to the proper crown, grade, and section; again covered with gravel and swept clean, and rammed a third time, or the surface shall be rolled or rammed as the General Council may direct. The surface is then to be covered to a depth of two inches with clean, fine gravel. 78. In reconstruction, all old material which is of the proper quality and dimensions shall be used again in the new alley, and all new material required is to be supplied by the contractor. All old material, including broken stone, gravel, curbing, gutter or crossing stone, and iron plates, which is declared by the Engineer to be unfit for use in the new alley, shall be hauled by the contractor to such streets or lots as the Engineer may designate: Pro- vided, the average haul does not exceed two thousand Id., Section 8. 734 Id., Section 9. Id., Section 10. Id., Secs. 11, 12, and 13. Id., Sections 14 and 15. STREET IMPROVEMENT. feet in length; and all such material shall be the property of The City. All earth and other refuse material shall be deposited by the contractor in such place or places as may be selected by him: Provided, that no nuisance be created thereby. 79. Inspection of the work shall be made by the Engi- neer, or an authorized inspector, during its progress. All stone, bowlders, gravel, or other material which may be rejected on inspection, shall be removed by the contractor without delay. 80. All materials herein specified shall be of the best description, each in its class. The stone used, whether in curb or pavement, shall be of good, hard limestone. No stone known as the *‘ blue ledge”’ shall be used in any part of the pavement. Suitable stone from the ‘‘Island”’ quarries will be received for paving, but not for gutter stone. All broken stone used in the paving shall be broken and prepared for inspection before delivery on the work. 81. The contractor shall prosecute his work in a prompt and orderly manner, and, when required by the Engi- neer, shall discharge incompetent employes or workmen. Should the contractor fail to execute the work in the time stipulated, he shall forfeit his contract, and be entitled to no pay for the work done; but the time fixed for its completion may, on the written recommendation of the City Engineer, for causes deemed sufficient by him, be extended by resolution of the General Council, and the receiving and apportioning of the cost of any work by the General Council after the time when it should have been completed shall be regarded as an assent to the extension of the time named in the contract. The use of the alley, or any part of it, by individuals or the public, shall not entitle the contractor to pay for the work done by him, unless it shall be received by resolution of the General Council. 82. The contractor shall, at his own expense, keep his STREET IMPROVEMENT. work in good repair during the six months next after its reception by the General Council, and should he, in the opinion of the City Engineer, be tardy in executing this stipulation, the City Engineer may have the necessary re- pairs made at the expense of the contractor. After the top covering of gravel has remained on the alley for sixty days it shall be removed at the expense of the contractor, when required by the City Engineer. 83. To enable The City to apportion the cost among the owners of ground fronting the improvement, the Assessor shall furnish to the City Engineer a list of the names of such owners, and a description of the ground owned by each, and when said list and description shall have been furnished and the work received by the General Council as completed, The City will apportion the cost of it among the owners of the ground fronting the improvement, and furnish orders therefor against them respectively, and subject to the foregoing provisions. 84. Unless otherwise provided by the ordinance direct- ing the work to be done, the grading, curbing, and pav- ing of any street with Macadam pavement that the Gen- eral Council may order, shall be done as hereinafter pro- vided. 85. The street surface shall be worked to the grade es- tablished by the General Council, and in cross-section the center or crown of a street shall, in a sixty-foot street, be from ten to twelve inches below the top of the curb-stone when set, and in streets of different width there shall be a proportional increase or decrease of this dimension. From the ground line to the curbs the sides shall be grad- ually sloped sufficiently in excavation to prevent the earth from interfering with curb or gutter when laid, and in embankment the sidewalk shall be filled to a sufficient width to provide a firm support for the curbstones when in position. 86. After being graded to the required section the road shall be prepared for paving by the removal of all vegeta- 739 Td., Section 16. General ordi- nance concern- ing improve- ment of streets with Macadam pavement. Ap- proved August 21, 1880. Sec- tion 1. Id., Section 2. TId., Section 3. Id., Section 4. STREET IMPROVEMENT. ble or mucky material, quicksand, or any remaining soil, to the extent directed by the Engineer, and the material removed shall be replaced with gravel, sand, or good -earth-fillng, as directed. Also in such places as in the judgment of the Engineer it may be necessary, the road- bed shall be rammed or shall be rolled with a roller of suitable weight, and no paving material shall be put down before the graded or rolled surface shall have been finally inspected by the Engineer. 87. Dividing the sidewalks and carriage-ways, and sup- porting the former, there shall be laid a line of curb- stones not less than six inches in width, and each stone shall be at least five feet in length. The curb-stones shall be at least twenty-two inches in depth. They shall have a full, square joint not less than twelve inches deep. The curb-stones shall be cut with a draft around the top, face, and back, and the exposed top and front faces shall be neatly dressed by bush-hammer to an even, regular face ; the upper face to have the same bevel as the sidewalk, the front face to be cut not less than ten inches deep and the back not less than three inches from the top. The bottom of the curb-stone shall be parallel with the top, must have a firm, uniform bed, and no underpinning will be allowed. The remainder of the front face shall be scabbled or dressed evenly from the bush-hammer work to the bottom, to admit a close joint with the shoulder pavement. Curb-stones shall be of good, hard, sound limestone, free from flaws, dry seams, or cracks. There shall be corner curb-stones at the intersections of all streets and alleys, which on streets shall have a top face of the fourth of a circle of twenty-four inches radius, and on alleys eighteen inches radius, dressed to bevel with the sidewalk, the front face, back, and joints to agree with the adjoining curb. All curb-stones shall be laid true to line and grade. The space between the curb and excavation shall be filled with earth. The filling shall be well rammed. STREET IMPROVEMENT. 737 88. The gutter-pavement of the street shall be of one Id, Section 5. of the three classes mentioned below, as the Council may direct, with reference to the local necessities of the work, and may consist as follows: First—Gutter-flagging must in all cases be laid on their natural beds, and be composed of best hard limestone or granite, free from seams, frost- cracks, or any other defects, and laid in either one or two courses, parallel to the curb, as the Engineer may plan or specify ; the dimensions to be from three (8) to four (4) feet in length, twelve (12), fifteen (15), or eighteen (18) inches in width, and from eight (8) to ten (10) inches in depth, laid to correspond with the crown of the street, break joints longitudinally, and be set on beds of clean, sharp gravel, six (6) inches in depth, uniformly and closely packed. The flagging must then be thoroughly rammed with a fifty-pound rammer, and covered with good bond gravel three inches in depth. The upper sur- face of the flagging must be neatly and evenly hammer- dressed smooth, and the ends squared and evenly dressed, so as to form joints not exceeding one eighth (4) of an inch in width ; the sides next to the curb must be at true right angles to the ends, and so dressed as to make a close, uniform joint with the curbing, and the opposite side to be parallel with the curbing and dressed square to con- nect firmly with the street-paving, the upper surface of the flagging next to the curb to be eight inches below the grade of the curbing, and the outside line of the flagging to be six and a half inches below the top of the curbing. Said flagging must be in every respect equal in workman- ship and quality to the specimen on exhibition at the office of the City Engineer. Second—Of block-paving, formed of five courses of stone, laid parallel to the curb; or, Third—Of block-stone paving, formed of four courses, the gutter-range laid parallel with the curb, and backing and shoulder-ranges laid at right angles to the gutter-range. All the block-stone paving used in gutter work on streets, with a carriage-way of thirty-six feet and over, shall be from three feet to three feet nine inches in width, meas- 47 738 Id., Section 6. STREET IMPROVEMENT. ured from the curb-stone toward the street center. For streets with a carriage-way of less than thirty-six feet, the gutters shall be two feet six inches in width. The stone for the gutter-range shall be from twelve to fifteen inches in length, from eight to ten inches in depth, and from eight to ten inches in width. The stone for the backing and shoulder-ranges shall not be less than ten inches in length, from eight to ten inches in depth, and not less than six inches in width. The block-stone for paving gutters, crossing intersections of streets and alleys shall be laid two and one half feet on each side of the cutter-range, making the gutter five feet in width in ad- dition to the width of the gutter-range, and all stones shall be twelve inches deep. In laying gutter-stones the joints shall be well broken, and the edges, ends, face, and sides shall be dressed straight and square in shape, so as to form good, close joints. The backing-ranges of the gut- ter shall be dressed with beveled faces, so as to allow the course next to the curb to be within seven inches of the top of the curb, and the course next the gutter-range to be eleven inches below the top of the curb. The whole of the gutter work shall be laid ona bed of clean gravel not less than six inches in depth, each stone to be laid on its natural bed and carefully and firmly bedded in the gravel, and then well rammed as it is laid until true to line and gerade and even and regular on the surface. After the gcutter-pavement is laid, rammed, and inspected, it shall be covered with fine gravel and be swept over until all the joints are filled. The gutter-rang’e shall be not less than twelve inches from the face of the curb, and not less than eleven inches below the top of the curb; and for every additional inch in the depth of the gutter the space be- tween curb and gutter-range shall be increased one inch, and the space be filled by an additional width of backing- ranges of gutter-stones. 89. Foot-way crossings shall be laid across all street. and alley intersections, and shall be formed of stone eigh- teen inches wide, ten inches deep, and from four to five STREET IMPROVEMENT. ) feet long, with good, full, square beds, with close dressed. joints and faces. The outside of the foot-way stones shall be evenly dressed, so as to allow close contact with the range paving on each side of the crossing. The range paving which supports on either side the foot-way stones shall be of block stone not less than twelve inches long, six inches wide, and ten inches deep; to be laid so as to break joints with the crossing stones. The abutment stones shall be nine feet long, six inches wide, and not less than twenty-four inches in depth, or of such addi- tional depth as the work may require. Two and a half feet of each end of the abutment stone shall be beveled according to the directions of the Engineer. The exposed surface shall be bush-hammered, and the back, where in contact with the crossing stone, shall be scabbled or picked — work. The courses of foot-way stones shall be laid twelve inches apart, and the interval shall be filled with. good block pavement or bowlders, as the Engineer may direct. The foot-way stones shall be well tamped on a bed of gravel at least five inches deep. The entire crossing shall be laid so as to form a parallel crown to the street, and be from three to five inches higher than the street pavement when properly crowned, which shall be sloped back on each side of the crossing at least four feet. The location and the height of the crossing and the height of the abutment stone, and its. distance from the curb, shall be directed by the Engineer. 90. The carriage-way paving between the gutters shall be made as follows: After the road-bed (prepared as re- quired) shall have passed inspection, there will be laid to the depth of seven inches, for the foundation course, a bed of the larger broken stone, which shall not exceed from three to four inches in any dimension. This course of large stone shall be evenly and closely spread and rolled, or rolled and rammed, as the General Council may direct, true to the street section. Over the first course there shall be spread a second course of small stone, broken to pass through a two and a half inch ring, toa 739 Id., Section 7. 740 Id., Section 8. Id., Sees. 9 and 10. STREET IMPROVEMENT. depth of seven inches at the gutters, and eight inches at the crown, which shall also be well rolled, or rolled and rammed, as the General Council may direct. Finishing the work, there shall be spread over the broken stone a layer of good bond gravel at least two inches thick, which shall be rolled down by the street roller to the true sec- tion of the street ; and the whole pavement, when so com- pleted, shall measure at least twelve inches in depth at the crown and eleven inches in depth at the sides. 91, All old material, including broken stone, gravel, curbing, gutter or crossing stone, and iron plates, which is declared by the Engineer to be unfit for use in the new streets, shall be hauled by the contractor to such streets _or lots as the Engineer may designate, provided the aver- age haul does not exceed two thousand five hundred feet in length; and all such material shall be the property of The City. All earth and other refuse material shall be deposited by the contractor in such place or places as may be selected by him: Provided, that no nuisance be created thereby. 92. All materials herein specified shall be of the best description, each in its class. The stone used, whether in curb or pavement, shall be of good, hard limestone. No stone known as the ‘‘ blue ledge’’ shall be used in any part ofthe pavement. Suitable stone from the ‘‘ Island ”’ quarries will be received for paving, but not for gutter- stone unless complying with the specification, require- ments in dimension, shape, and joints. All material, stone or gravel, which may be rejected on inspection, shall be removed by the contractor without delay; and all broken stone used in the paving shall be broken and pre- pared for inspection before delivery on the work. — 93. The contractor shall prosecute his work in a prompt and orderly manner, and when required by the Engineer shall discharge incompetent employes or workmen. Should the contractor fail to execute the work in the time stipulated, he shall forfeit his contract, and be en- - 22. — STREET IMPROVEMENT. titled to no pay for the work done; but the time fixed for its completion may, on the written recommendation of the City Engineer, for causes deemed sufficient by him, be extended by resolution of the General Council; and the receiving and apportioning of the cost of any work by the General Council after the time when it should have been completed shall be regarded as an assent to the extension of the time named in the contract. 94. The use of the street, or any part of it, by individ- uals or the public, shall not entitle the contractor to pay for the work done by him, unless it shall be received by resolution of the General Council. 95. The contractor shall, at his own expense, Keep his work in good repair during the six months next after its reception by the General Council; and should he, in the opinion of the City Engineer, be tardy in executing this stipulation, the City Engineer may have the necessary re- pairs made at the expense of the contractor. . 96. Inspection of the work shall be made by the Engi- neer, or an authorized inspector, during its progress. 97. Unless otherwise provided for in the ordinance fe- quiring the work to be done, the grading, curbing, and paving with bowlder-pavement of any street that may be ordered by the General Council shall be done as herein- after provided. 98. The street surface shall be made to conform to the gerade established by the General Council. The rise of the center or crown of the street, when paved, above the cutters, shall be at a rate not greater than three fourths of an inch (? of an inch) for every foot it is distant from the gutter. The graded surface shall be dressed down to a depth of fifteen inches below the top surface of the bowl- ders when completely rammed to place as designed by the plans and grade stakes. The slope of the sides, in ex- cavation, shall be at least one verticle to one horizontal, and the entire top width, inembankment, shall be at least ten feet wider than the width required between the curbs. 741 Id., Section 11. Id., Section 12. Id., Section 13. An ordinance prescribing the manner of im- proving streets with bowlder pavement: Approv’d Aug. 21, 1880. - Sec- tion 1. Id., Section 2. 742 STREET IMPROVEMENT. Td., Section 3. Id., Section 4. 99. After being graded to the required section (see plans and specifications), the road-bed shall be prepared for pav- ing by the removal of all vegetable or mucky material, quicksand, or any remaining soil to the extent directed by the City Engineer, and the material removed shall be replaced with gravel, sand, or good earth filling, as di- rected. Also, in such places as in the judgment of the Engineer it may be necessary, the road-bed shall be rammed or rolled in the ordinary manner, or in such man- ner as the General Council may direct. Upon this road- way the General Council may require, by specification, that a layer of broken stone eight inches in depth bespread; said stone to be so broken that none will measure more than five inches in any direction, nor be less than two inches in thickness. This layer of broken stone may then be rammed or rolled in the ordinary way, or in such manner as the General Council may direct. In all cases where a layer of broken stone is placed under the gravel as above specified, the depth of grading as given in Section 2 shall be correspondingly increased. No paving material shall be put down before the graded or rolled surface shall have been finally inspected by the Engineer. When no broken stone is used for the foundation of the street, a course of good, clean, sharp gravel, six inches in depth, shall be spread over the road-bed, on top of which a second layer of good bond gravel shall be spread, equal to the ‘‘ Pump- kin-patch”’ gravel, and shall be of sufficient depth to per- mit the bowlder-paving to be rammed and finished to the true cross section of the street as shown by the plans. The quality of the gravel shall be in all respects satisfac- tory to the Engineer. 100. Dividing the sidewalks and carriage-way, and sup- porting the former, there shall be laid a line of curb-stones six inches in width, and each stone shall be a least five feet in length. When the bottom of the gutter is twelve inches or less below the top of the curb-stone, the depth of the curb-stones shall be at least twenty inches, and in no case shall the curb-stone be of less depth than the adja- STREET IMPROVEMENT. cent gutter paving; and when the gutter paving is more than twelve inches below the top of the curb-stone, the lat- ter shall be at least twenty-two inches in depth. Curb- stones twenty-one inches in depth shall have a full square joint not less than twelve inches deep, and all over twen- ty-one inches in depth shall have a full square joint on the ends of one inch additional depth for every additional inch in depth of the cutter over twelve inches. The curb- stone shall be cut with a draft around the top, face, and back, and the exposed top and front face shall be neatly dressed by bush-hammer to an even, regular face; the upper face to have the same bevel as the sidewalk : the front face to be cut not less than ten inches from the top. The bottom of the curb-stone must be parallel with the top, must have a firm, uniform bed, and no underpinning will be allowed. The remainder of the front face shall be scabbled or dressed evenly from the bush-hammered work to the bottom, to admit of a close joint with the gutter-block pavement. Curb-stones shall be of good, hard, sound limestone, free of flaws, dry seams, or cracks. The recurbing in reconstruction may -be done with old or new curbing. When the old curb-stones have been in- spected, and found to be four feet long, and to fill all the requirements of this ordinance in other dimensions and quality, they may be reset in front of the same property before which they were originally placed; and should they require moving out to make the sidewalk conform to the width required by ordinance, then the trench shall be carefully filled with such material as the Engineer shall approve, and be well rammed and made secure and solid. All the joints in curbing shall be well filled and pointed with cement-mortar, after having been set true to line and grade. 101. The gutter-pavement of the street may be one of the three classes mentioned below, as the Council may di- rect, with reference to the local necessities of the work, and may consist as follows: First—Gutter-flagging must in all cases be laid on their natural beds, and be composed 743 Id., Section 5. 744 STREET IMPROVEMENT. of best hard limestone or granite, free from seams, frost- cracks, or any other defects, and laid in either one or two courses, parallel to the curb, as the Engineer may plan or specify. The dimensions to be from three (3) to four (4) feet in length, twelve (12), fifteen (15), to eighteen (18) inches in width, and from eight (8) to ten (10) inches in depth, laid to correspond with the crown of the street, break-joints longitudinally, and be set on beds of clean, sharp gravel six (6) inches in depth, uniformly and closely packed. The flagging must then be thoroughly rammed with a fifty-pound rammer and covered with good bond gravel three inches in depth. The upper surface of the flagging must be neatly and evenly hammer-dressed | smooth, and the ends squared and evenly dressed, so as to form joints not exceeding one eight (4) of an inch in width ; the sides next to the curb must be at true right angles to the end, and so dressed as to make a close, uni- form joint with the curbing, and the opposite side to be parallel with the curbing and dressed square to connect firmly with the street paving, the upper surface of the flagging next to the curb to be eight inches below the grade of the curbing, and the outside line of the flagging to be six and a half inches below the top of the curbing. Said flagging must be in every respect equal in workmanship and quality to the specimen on exhibition at the office of the City Engineer. Second—Of block-paving, formed of four courses of stone laid parallel to the curb ; or, Third— Of block-stone paving formed of three courses, the gutter- ranges laid parallel with the curb, and backing or shoul- der-range laid at right angles to the gutter-range. All bleck-stone paving used in gutter work on streets with a carriage-way of thirty-six feet and over shall be from three feet to three feet nine inches in width, measured from curb-stone toward the street-center. For streets with car- riage-way of less than thirty-six feet in width, the gutter shall be two feet six inches in width. The stone for gut- ter-range shall be from eight to ten inches in depth, and from eight to ten inchesin width. The stone for the back- STREET IMPROVEMENT. ing and shoulder-ranges shall be not less than ten inches in length, from eight to ten inches in depth, and not less than six inches in width. The block-stone for paving open or valley-gutters crossing the intersection of alleys shall be laid two and a half feet on each side of the gutter- range, making the gutter five feet in width in addition to the width of the gutter-range ; and all these stones shall be twelve inches deep. In laying gutter-stones, the joints shall be well broken and the edges, ends, face, and sides shall be dressed straight and square in shape, so as to form good, close joints. The whole of the gutter work shall be laid on a bed of clean gravel not less than six inches in depth, each stone to be laid on its natural bed and carefully and firmly bedded in the gravel, and then well rammed as it is laid until true to line and grade, and even and regular on the surface. After the gutter-pave- ment is laid, rammed, and inspected it shall be covered with fine gravel and be swept over until all joints are filed. The gutter or water-ways crossing intersections of streets shall be covered with iron plates of approved pattern. They shall extend the full width of the street, and be not less than eighteen inches wide, and of sufficient depth to pass the drainage through them from side to side of the street, the top to conform to the crown of the street. To sustain the iron plates, there shall be side stones, each of which shall be not less than five inches thick and not less than four feet long, with good, square joints and beds, and of sufficient depth to bed six inches below the water-way and to sustain the plates in their proper places. The bottom of the water-way, between the side stones, shall be paved with hard paving-brick, laid lengthwise of the way, the joints of which shall be well filled with sand. Each piece of covering must have a firm and even bed on which to rest. When the water-ways are sided up, paved, and covered, then the spaces back of the side stones shall be carefully filled and well rammed. The ends of the covered water-way shall be properly shaped and paved. The intersection of the streets shall be formed with a reg- 745 746 STREET IMPROVEMENT. Id., Section 6. Id., Section 7. ular grade and crown, and there are to be no depressions at or over the water-ways. 102. Stone footway crossings, when laid, shall be formed of stone eighteen inches wide, ten inches deep, and from four to five feet long, with good, full, square beds, and with dressed joints and faces. . The outside of the footway stones shall be evenly dressed, so as to allow close con- tact with the bowlder paving on each side of the crossing. The abutment stones shall be nine feet long, six inches wide, and not less than twenty-four inches in depth, or of such additional depth as the work may require. Two and a half feet of each end of the abutment stone shall be beveled, according to the directions of the Engineer. The exposed surface shall be bush-hammered, and the back, when in contact with the crossing stone, shall be scabbled or picked work. The courses of footway stones shall be laid twelve inches apart, and the intervals shall be paved with bowlders, as the Engineer may direct. The footway stones shall be well tamped on a bed of gravel at least five inches deep. The entire crossing shall be so laid as to form a parallel crown to the street, and where itis not adjacent to valley gutters and intersections, the crossing stones shall be from two to five inches higher than the street pavement when properly crowned, the street pavement being sloped back on each side of the crossing at least four feet.. Otherwise, when near valley gutters and intersections, the crossing shall be laid as directed by the Engineer. The location and height of the crossings, and of the abutment stones, and their distance from the curb, shall be as directed by the Engineer with reference to the water-ways or other local necessities. The manner of paving the wings of the alleys shall also be as directed by the Engineer. 103. Upon the bed of gravel prepared as hereinbefore stated there shall be laid closely and true to the section of the street the bowlder course of well selected stone, sound, hard, and free from flaws, the smaller to measure not less than six inches in depth when set in an upright STREET IMPROVEMENT. ee position, and the largest not to exceed ten inches; and no bowlders shall show an exposed surface exceeding nine inches in diameter. When required by the Engineer, the bowlders shall be assorted in sizes before being hauled to the site of the work; and all sandstone, limestone, and other inferior material shall be rejected. In laying the bowlders the largest shall be placed at or next to the gut- ter, and the smallest at and upon the center of the street. All are to be well set, and firmly imbedded endwise in the gravel, with their largest diameter vertical, and to the proper camber or section of the street, After the bowl- ders have been thus set, the spaces between them are to be filled with fine gravel, and after being swept clean, they are to be wellrammed with rammers weighing at least fifty pounds. The surface of the street is to be covered with a coating of fine gravel, and again swept clean, and the sec- ond time rammed until the bowlders are firmly secured, and forced down even and regular to the proper crown, erade, and section; again covered with gravel, and swept clean, and rammed a third time, or the surface shall be rolled or rammed as the General Council may direct. The work shall then be inspected by the City Engineer, and, if accepted by him, the finished surface or the bowl- ders shall be covered to a depth of three inches with good bond gravel. 104. On streets upon which railroad or street railway tracks are located, a curbing formed of stone blocks, dressed similar to those used in gutter pavements, shall be placed on each side of each track stringer. These blocks must be of granite or hard limestone, not less than four inches nor more than five inches wide, and from nine to eighteen inches long, and not less than eight inches deep. This act contains nothing which is not contained in the above act of the same title, approved May 12, 1884, and is therefore not inserted in this book. to A no > eh ee TAXATION. of the schedule embraced in Section 9 of Article 1 of said act, ® the words ‘‘ retail grocer’’ and ‘‘ orany retailer, ex- cept of spirituous, vinous, or fermented liquors,’’ are here- by stricken out. Second—The first part of Section 8 of Article 4 is amended to read as follows: ‘‘ In the months of May and June in each year the Receiver of City Taxes shall, by himself, deputy, or employe, mail to every party in arrears for taxes for that year, to the guardians and committees of infants and lunatics, and to the agents of absent property-owners whose address is unknown to him, post-paid letters, directed to the best. of his knowledge, and indorsed with the request to re- turn to him if not delivered in ten days, substantially framed thus: Your tax bill(s) for 188—, amounting to dollars, besides interest, remain(s) unpaid, and will, if unpaid by the twentieth of August next, be collected by distraint or garnishment of rents, with commission added. Receiver of City Taxes. He shall make a list of all bills remaining wholly or in part unpaid on the first of July, showing whether the party was written to and whether the letter came back -as undelivered. He shall file the list with the Clerk of the Board of Councilmen. For reporting falsely he shall answer to the party aggrieved for all costs, commissions, or damages caused thereby, but neither a false report or a failure to report shall invalidate subsequent proceed. ings under this act. From the words, ‘‘ between the first and twenty-first of August,’’ to the end of the Section named, it shall stand without change. Following right after the above. 86. This act shall apply to the tax bills of 1884, under the assessment of September 1, 1883, and shall take effect from its passage. 37. The official acts of S. S. Meddis, J. G. Hansbrough, and George Mulliken, appointed by the Mayor of The City of Louisville, in September, 1882, a Board of Equaliza- 6See Chapter X XIX, Section 1; ante. 787 laws of The City of Louis- villé. Ap- proved May 8, 1884. Sec. 1. Id., Section 2. An act to amend an act entitled An act to amend the charter of The ~) D (@ ~ TAXATION. City of Louis- val lie.) Aspe proved Apr. 8, 1882. Approv- ed April 19; 1884. Sec. 1. Id., Section 2. Id , Section 38. An act to cure certain de- fects in the as- sessment of property in The City of Louis- ville for taxa- tion, for the vears 1882 and 1885. Approv- ed May 1, 1884. Id., Section 1. Id., Section 2. tion, and 8. 8. Meddis again in September, 1883, a mem- ber of said Board of Equalization under the fifth Section of an act approved April 8, 1882, entitled ‘‘An act to amend the charter of The City of Louisville,’’ are hereby de- clared to be legal and valid, as fully as though the ap- pointment of each of said named members of said Board of Equalization had been consented to and approved by the Board of Aldermen; and the Board of Equaliza- tion shall have full power during the months of June and. July, 1884, to correct, increase, or reduce any unpaid assessment made for the years 1888 and 1884. And any tax-payer delinquent for said years may appear before said Board of Equalization, by petition in writing, for correction of his tax-bill, as in the said act provided. 38. The fiscal year of The City of Louisville shall begin on the first day of September and end on the thirty-first day of August in each year. 39. This act shall take effect and be in force from and after its passage. 40. Whereas, it is represented that the City tax-bills. of Louisville, under the assessments of September, 1882, and 1883, for the years 1883 and 1884, are not enforceable on account of the Boards of Equalization for those years not having been properly made up: Be it enacted by the General Assembly of the Commonwealth of Kentucky, 41, That the Board of Aldermen of said City do forth- with elect three citizens thereof a Board of Equalization, to be governed in all things by the provisions made for such Board in Article 3 (arrears) of an act of this session, known as ‘‘An act to revise and amend the tax laws of The City of Louisville,”’ which Board of Equalization is to hear complaints from tax-payers concerning the assess- ments on which the tax bills for 1883 and 1884 are based. 42. Whenthe Board has done its work, the tax bills for 1883 and 1884 shall be binding, and may be enforced. Those for 1884 shall then be governed in all respects by Ra Ke a po ee TAXATION. 789 Article 4 of the last-mentioned act of this Assembly; and the Tax Receiver shall meanwhile collect such bills of 1884, under the provisions of said article, as far as he can obtain voluntary payment. 43, This act shall take effect from its passage. 44, All property belonging to any city or town of this commonwealth, and which is necessary to the carrying on the government of such city or town, v7z.: Police-court houses, mayor’s offices, including offices for the various city or town officers in said buildings, fire-engine houses, engines and horses belonging thereto, workhouses, alms- houses, hospitals, pest-houses, together with the grounds belonging thereunto, be and the same is hereby exempt from all taxation: Provided, however, that this act shall not be construed to exempt vacant lots, or property upon which such city or town shall receive any rent, dividend, or income. 45. All railroad depots, depot grounds, machine-shops, and improvements, as well as all the property of bridge companies, express and transfer companies, within the corporate limits of said City, shall be assessed and sub- ject to taxation, at their fair value as of the tenth day of January of each year, for all City and school purposes. 46. Any real estate held by the Louisville Board of Trade in The City of Louisville, by purchase in fee simple, not exceeding one hundred by two hundred feet in area, and any improvements thereon, shall be and are hereby exempted from all State taxes so long as such property shall be oceupied by said Board of Trade for the purposes contemplated in its organization. And the General Coun- cil of The City of Louisville is authorized to exempt such property so held and occupied from all taxes authorized to be levied by said General Council of said City of Louis- ville. 47. The real and personal estate now owned or here- after acquired by the Young Men’s Christian Association of Louisville, Kentucky, and used by it for carrying out Id., Section 3. An act ex- empting cer- tain property from taxation. Approved Feb. 22, 1864. Aon a2et to amend an act establishing a new charter for The City of Louisville, a p- proved Mar. 3, 1870. Approv- ed March 8, 1871; Sec. 6. An act for the benefit of the Louisville Board of Trade. Approved Apr. 23, 1878. An act to amend an act entitled An act to incorporate Line Young Men’s Chris- 790 tian Associa- tion of Louis- ville. Ap-° proved Feb. 10, 1880. An vac oO amend an act entitled An act establishing a new charter for The City of Louisville, ap- proved Mar. 3, 1870. Approv- ed April 15, 1882. Sec. 1. Id., Section 2. Id., Section 38. Id., Section 4. An act ex- empting the savings depos - its in the banks of Jefferson County and A he Oltac or Louisville from taxation. Ap- proved April 21, 1882. Sec. 1. Ia., Section 2. TAXATION. the objects of said Corporation, shall, to the extent of thirty thousand dollars in value, be exempt from all State and City taxation, including taxes levied for the year 1880. This act shall take effect from and after 1ts passage. 48. Furniture of the value of three hundred dollars, when owned and possessed by dona-fide residents of said City who are housekeepers and the heads of families, shall not be subject to taxation by said City. 49. Stock of corporations engaged in, and created for, manufacturing and commercial purposes, and conducting business in said City, shall not be liable for taxation in said City. 90. All persons who in good faith have their residence in said City for the greater part of any year for or in which any tax may or shall be levied by it, shall be deemed residents of said City. 51. This act shall take effect and be in force from and after its passage. 52. Hereafter all savings deposits heretofore made, or to be made, in the banks of Jefferson County and City of Louisville shall be exempt from county and municipal taxation. 53. This act be in force from and after its passage, but shall apply to the County of Jefferson and City of Louis- ville only. kes See ADVERTISING—ASSESSOR— BOUNDARY AND SUBDIVISJON—CITY ATTORNEY—CORPORATE PowERS—OCountTy RELATIONS—FINANCE—GEN- ERAL CouncIL—LicENSE—OFFICES AND OFFICERS—PUBLIC WaAyYS—RE- CEIVER OF TAXES—SCHOOLS—SEWAGE AND DRAINAGE—SINKING FunD— TREASURER— V EHICLES— WHARVES AND HARBORS. Peet a? ayes es Oe ae el ge i ey ae epi ck oO OAc ANd sel be DN eho Oa aE TELEGRAPH, TELEPHONES, AND CONDUITS. CON DENTS 3 1. The Louisville Underground Conduit and Electric Light, Tele- graph and Telephone Company; right to lay and use, along and un- der the public ways, conduits, pipes, wires, cables, conductors, and other appliances, and the conditions of such right. 2. The use of the conduits, pipes, wires, cables, eté., by other com- panies. 3. Exclusive right is not granted. 4. The laying of conduits, pipes, cables, etc., regulated. 5. Excavations in the public ways regulated. 6. Gas- and water-mains and sew- ers not to be injured, pavement to be replaced, and the Engineer’s direc- tions to be followed. 7. The City to be held exempt from lability for injuries from the construction, repair, or use of the Company’s property; bond required. 8. Time within which the work shall be begun. 9. Condition precedent to. the right to make excavations in public ways. 10. The Ohio Valley Telephone Company; permission granted to con- struct and operate, in the public ways, pipes, cables, etc., for transmit- 11. The pipes, cables, etc., to be laid under ground and not to interfere with the use of the public way. 12. Shall make no excavations in public ways without permission from the Engineer. 13. The opening and obstruction of streets regulated. 14. Restrictions on the company in regard to public ways, public places, shade-trees, sewers, water-pipes, and gas-pipes. 15. Openings in the public ways to be repaired to the Engineer’s satis- faction. 16. Time within which work shall be begun. 17. Rights reserved by The City in the property of the company. 18. The City exempted from lia- bility for damages arising. 19. Bond required; conditions and security. 20. No exclusive right granted. 21. The Kentucky Steam Heating and Electric Lighting Company in- corporated; powers. 22. Capital stock. 23. Board of directors. 24. May issue bonds. 25. May make by-laws. ting sound, signals, e¢c., by electricity. | 26. Effect of act. An ordinance granting to the Louisville Un- 1. Upon the terms and subject to the provisions herein- after set forth, there be and is hereby granted to ‘‘ The TELEGRAPH, TELEPHONES, AND CONDUITS. derground Conduit and Electric Light, Telegraph and Telephone Co. the right to construct, lay, maintain, use and operate, in The City wot Louisville, and along and un- der the public ways of said City, conduits and spipes; wires, cables, conductors, testing stations and necessary connections, fixtures,and appliances for the transmis- sion of mes- sages, sound and signals, and the production of power, heat, and light by the aid of elec- tricity and otherwise. Ap- proved Jan. 26, 1884. Sec. 1. Id., Section 2. Id., Section 3. Louisville Underground Conduit and Electric Light, Tele- eraph and Telephone Company,” their successors and as- signs, for and during the term of twenty-five years next after the approval of this ordinance, the right to construct, lay, maintain, use and operate in The City of Louisville, and along and under the public ways of said City, conduits and pipes, wires, cables, conductors, testing-stations and necessary connections, fixtures, and applances for the transmission of messages, sound, and signals, and the pro- duction of power, heat, and light by the aid of electricity and otherwise; and in doing so, to use what is called the ‘“McGrew patent,’’ but subject to the right of other com- . panies that are, or may be, formed to use said conduits, pipes, wires, cables, efc., for like purposes, on payment of a fair compensation or rental for such use; and subject further to the right of The City (and which is made a part of the conditions on which the rights herein set forth are granted and are to be accepted), to have the use of said conduits, pipes, wires, cables, e¢c., for police, fire alarm, and City Hall telephone and telegraph use and purposes, and free of charge therefor on the part of said Company. 2, Should any other company or companies desire to use said cables, wires, conduits, efc., permission to do so shall be granted upona fair compensation or rental there- for being agreed on, and payment thereof to said Louis- ville Underground Conduit and Electric Light, Telegraph and Telephone Company, satisfactorily provided for. And in case such compensation or rental can not be agreed on by the parties, it shall be settled by arbitration; each company selecting one fair-minded and disinterested per- son as arbitrator for that purpose, who, in the event of their failing to agree, shall select a third person, fair- minded and disinterested, as umpire. 3. Nothing in this ordinance shall be construed as giv- ing any exclusive right to construct, lay, maintain, use or operate any underground, conduits, pipes, wires, cables, or conductors, or any other electric device. fic? Se ee LCE SS grt ig el ae 1a ie Pac gee rea ae is ee os ae s TELEGRAPH, TELEPHONES, AND CONDUITS. 4. All conduits, pipes, cables, wires, efc., laid under- eround, shall be laid at a sufficient depth, and the laying of same shall be done under the supervision of the City Engineer, and be done by day or by night, as the Gen- eral Council or City Engineer may require, so as not un- reasonably to interfere with or prevent the proper use of any of the public ways. 9. Said Company shall make no excavations in any of the public ways against the orders of the City Engineer; nor shall any excavation be kept open longer than is necessary to complete the work for which the excavation was made. 6. In laying conduits or pipes, or repairing cables or wires, and in doing any work whatever, said Company shall do no injury to any gas or water mains or pipes, or to any sewer; and shall, at its own cost, replace in good and proper manner, and in a reasonable time, all street, alley, and sidewalk pavement that may be taken up by said Company, and make all repairs thereof to the satis- faction of the City Engineer; and, on failure to do so, the same may be done by The City, at the cost of said Company. 7. Inno case shall The City be liable or made to pay for any injury or damage to any person or property caused by constructing any work for, or repairing or using by said Company any of its property; and for all such injuries or damage the Company is to, and shall, hold and save The City harmless and free from all labil- ity. And to that end, and to secure a faithful compli- ance with all other requirements in this ordinance, said Company shall, in a reasonable time after the approval of this ordinance, execute to said City a bond, with surety or sureties, to be approved by the General Coun- cil, in the penal sum of fifty thousand dollars. Said bond to be renewed from time to time with such security as the General Council may require. Id.. Section 4. Id., Section 5, Id., Section 6. Id., Section 7. 8. The work authorized by this ordinance to be done Jd, Section 8. Id., Section 9. An ordinance granting to the Ohio Valley Telephone Co. permission to lay under- ground pipes, cables, con- ductors, and wires. Ap- proved Jan. 26, 1884. Sec. 1. Id., Section 2. Ia., Section 3. TELEGRAPH, TELEPHONES, AND CONDUITS. by said Company shall be commenced within six months next after the approval and acceptance by the General Council of the bond referred to in the next preceding ° Section. 9. Before said Company shall make any excavations in any of the public ways of The City, they shall give satisfactory evidence to the Mayor of said City that they have at least one bona jide telegraph, telephone, or elec- tric light system engaged for service. 10. The Ohio Valley Telephone Company, a corpora- tion organized under the general laws of the State of Ken- tucky, its successors and assigns, are hereby granted per- mission to construct, maintain, repair, and operate in the public streets, avenues, alleys, and sidewalks of The City of Louisville, Kentucky, for the term of twenty-five years successively from the approval of this ordinance, pipes, cables, wires, and other conductors, together with all the necessary testing-stations and other attachments and ap- purtenances for the purpose of transmitting sound, sig- nals and telephone communications by means of elec- tricity. 11. Second—Said pipes, cables, wires, e¢c., shall be laid underground, and in such a manner as not to interfere with the proper use of said streets, avenues, alleys, and side- walks. 12. Third—Said Telephone Company, its successors or assigns, Shall make no excavation in any street, avenue, alley, or sidewalk without first obtaining written permis- sion to do so from the City Engineer. 13. They shall not at any time open or incumber more of any street, avenue, alley, or sidewalk than may be neces- sary to enable them to perform the work with proper econ- omy and efficiency in the laying of their wires, conduits, pipes, or conductors, nor shall they permit such opening or incumbrance to remain for a longer period than may be necessary to do the work for which said opening shall have been made, and they shall put up and maintain about said TELEGRAPH, TELEPHONES, AND CONDUITS. openings and incumbrances such barriers and lights as will effectually prevent the happening of any accidents by reason of such openings or incumbrances. 14, Fourth—In laying their pipes, cables, or conductors the said Telephone Company, its successors, or assigns, shall do no permanent injury to any street, avenue, alley, or other public place or shade tree, nor shall they unnec- essarily disturb or interfere with any sewers, water-pipes, or gas-pipes now laid in The City, or which may be laid at said time. 15. Fifth—Wherever the said Telepone Company, its successors, or assigns, shall open ground for the purpose of laying its pipes, cables, or conductors, they shall with all due diligence, after the completion of said work, restore said streets, avenues, alleys, and sidewalks so opened, or any sewer, gas-pipe, or water-pipe located thereon, toa condition equally as good as when said open- ing was made, at their own expense, and to the satisfac- tion of the City Engineer, and in case of their failure or refusal to do so, The City may proceed to do the same, and the said Telephone Company, its successors or assigns, shall be liable for the cost thereof. 16. Sixth—Said Telephone Company, its successors or assigns, shall commence the construction of said system within six months after the approval of this ordinance. 17. Seventh—The City of Louisville reserves the right to lay wires in the said pipes and conductors for the fire and police service of said City, such use by The City to be free of any charge on the part of said Telephone Com- pany, its successors or assigns; and it is further stipu- lated that in portions of The City wherein telephone pole lines are used the said Company guarantees to The City the use of the top ten inches of said poles, free of charge, for its fire and police service. 18. Kighth—In no case shall The City be liable for any injury or damage to any third party which may be caused by the putting down of said pipes, cables, conductors, or Id., Section 4. Id., Section 5. Id., Section 6. Id., Section 7. Id., Section 8. 796 Id., Section 9. Id., Section 10. AN act to incorporate the Kentucky Steam Heating and Electric Lighting Co. Approved Apr. 22, 1880, Sec- tion 1. Ia., Section 2. TELEGRAPH, TELEPHONES, AND CONDUITS. wires, by the said Telephone Company, its successors or assigns, and the said Telephone Company, its successors or assigns, shall protect The City and hold it harmless from any and all damages which may arise from said cause. 19, Ninth—As soon as practicable after the approval of this ordinance, and before the said Telephone Company, its successors or assigns, shall be allowed to open any street, avenue, alley or sidewalk for the purpose herein- before stated, the said Telephone Company, its succes- sors or assigns, shall execute a bond for the sum of fifty — thousand dollars, with good and sufficient security, in favor of The City of Louisville, conditioned that the said Telephone Company, its successors or assigns, shall faith- fully comply with all the requirements of this ordinance, said bond to be renewed from time to time, with such security as the General Council may require. 20. Tenth—Nothing in this ordinance shall be con- strued as to give to said Telephone Company, its succes- Sors or assigns, any exclusive right to lay underground pipes, conductors, cables or wires, in the streets, avenues, alleys or sidewalks of The City of Louisville. 21. Thomas H. Hays, Harry Stucky, W. R. Ray, W. N. Haldeman, James Bradley, their associates and suc- cessors, be, and they are hereby, created a body corpor- ate and politic, under the name and style of the Kentucky Steam Heating and Electric Lighting Company, for the purpose of heating by steam and lighting by electricity The City of Louisville and Jefferson County, Kentucky, and shall be capable of contracting and being contracted with, suing and being sued, holding, selling, leasing, and conveying real estate and personal property. 22. The capital stock of said Company shall be one hundred thousand dollars, in shares of one hundred dol- lars each, which may be subscribed by any individual or corporation; and said capital stock may be increased by the board of directors of said Company to eny amount not exceeding one million dollars. TELEGRAPH, TELEPHONES, AND CONDUITS. 23. The affairs of said Company shall be managed and controlled by a board of seven directors, to be elected by the stockholders in such time and manner as may be pre- scribed by by-laws of said Company. 24. Said Company shall have power, from time to time, - to incur such indebtedness as it may deem necessary for the successful prosecution of its business, and may issue bonds therefor, not exceeding seven hundred and fifty thousand dollars, payable at such time and place as it may deem proper, bearing interest not exceeding seven per centum per annum, and may secure the payment of such bonds by a mortgage or mortgages on all property purchased or owned by it. | 29. Said Company is given power to make necessary and adequate by-laws, not inconsistent with the constitu- tion and laws of this State, to successfully prosecute its business and to excute the powers herein granted. 26. This act to be in force from and after its passage. Bes See ENGINEER—FINES AND MISDEMEANORS—GENERAL CoUNCIL— License—PuBLic WAYS—STREET IMPROVEMENT. T97 Id., Section 38. Id., Section 4. Id., Section 5. Id., Section 6. GAC ETE Poesy sid TRANSFER AND TRANSPORTATION COMPANIES. CON TENA SS: 1. The Louisville Transfer Com- pany incorporated. 2. To dothe business of a general common carrier. 3. Amenability and liability to The City of Louisville. 4. Powers vested; limitation on real estate. 5. Directors and the principal office. 6. Amendment increasing num- ber of directors. 7. The Louisville Railway Trans- fer Company incorporated; corporate powers. 8. Power to contract with certain railroad companies. 9. Capital stock. 10. Organization and management. 11. Rights and privileges. 12. May issue bonds. 13. Rights of certain railroad com- panies in relation to the Company. 14. Tariffoftransportation charges. 15. The Short-route Railway Transfer Company incorporated; cor- porate powers. 16. Given exclusive privilege of building and operating a railroad through the portion of The City north of Main Street and between First and Fourteenth streets. 17. May have the right of way through any street within the pre- scribed district. io 18. Especial authority and power of the corporation. 19. May make connections with the railroads terminating in The City. 20. May regulate its freight and passenger rates and rolling stock; and may arrange by contract for the use of the property of other companies. 21. Branch roads. 22. Side-tracks and switches. 23. Directors. 24. Provisions which shall be made in the by-laws of the Company. 25. May cause condemnation of land. 26. Proceedings of condemnation. ' 27. Power to borrow money. 28. Regulation of net earnings. 29. Discrimination in transporta- tion charges in favor of any person or concern prohibited. 30. Limitation of the right of con- demnation, 31. The right to connect with other railroads limited. 32. Navigation and wharf rights not to be interfered with. 33. Right of the Company to ex- clusive territory limited. 34. Effect of the franchise upon City ordinances. 35. The right of way granted by The City from Second Street to Four- teenth Street. I TRANSFER AND 36. The tracks to be so constructed as will least obstruct business, traffic, and travel. 37. From Third Street to Tenth Street the tracks shall be elevated to permit passage thereunder. 38. Tracks to be laid under the su- pervision of the City Engineer, and tracks not elevated must conform to street grades. 39. The rate of speed over surface and elevated tracks. 40. Flagmen at thestreet-crossings. 41. Discrimination in rates for or against any corporation, individual, or firm prohibited. 42. Side-tracks and switches. 453. The City of Louisville to be held harmless from payment or lia- bility for damages. 44, Time tor building the railway. 45. Coal toll. 46. The right of way from Second Street along Water Street to Preston Street and from Second Street to the east side of First Street north of Ful- ton Street, granted by The City. 47. Terms and conditions of the grant. 48. Freight rates, tolls, and charges; net earnings; right of condemnation; connecting with other roads; naviga- tion and wharf rights. 49. Legislation in accordance with the ordinance restrictions required as a condition precedent. 50. The West End Transportation Company incorporated; corporate powers. TRANSPORTATION COMPANIES. 51. May construct and operate a street railway within prescribed limits. 52. The power to construct such road dependent on permission of and contract with The City of Louisville. 58. Provisions to be contained in the contract. 54. Theright tocondemn property. 55. May use the tracks of the Louis- ville City Railway Company on Main Street. 56, Capital stock. 57. Board of directors; by-laws, rules and regulations. 58. The Central Transfer Company incorporated; preamble. 59. Incorporators; corporate pow- ers. 60. Specific powers; rights and privileges. 61. Power to borrow money, and incidental powers. 62. Operation and construction of roads and switches. 63. Authority to construct and ope- rate steam- or horse-power railroads. 64. Rights of connection with other railroads. 65. Regulation of rates of trans- portation, ete. 66. Side-tracks and switches. 67. Capital stock. 68. Directors and management. 69. By-laws. 70. Effect of act. 1. S. M. Lamont, Z. M. Sherley, W. F. Harris, Wm. C. Hite, and J. L. Bradley, and their successors, are hereby constituted a corporation, to have corporate existence for thirty years. 2. Said corporation is empowered to carry on the busi- ness of common carriers in transporting passengers, bag- gage, merchandise, and other articles between points within the State of Kentucky and points without. said State, and also between points wholly within said State. 3. Said corporation shall be liable as such to the opera- An act to incorporate the Louis ville Transfer Com- pany. Ap- proved Feb. 11, 1867.) Seer Tl. Id., Section 5. Id., Section 6. 800 Id., Section 10. Td., Section 11. An act to amend an act to incorporate the Louisville Transfer Com- pany, approved Re bietl1c67, Approv’d Mar. 31, 1884. An act to in- corporate the Louisville Railway Trans- fer Company, and conferring certain powers in relation thereto on the Louisville, Cin- cinnati and Lexington, and the Louisville and Nashville Railroad com- panies. Ap- proved March 10,1871. Sec. 1. Id., Section 2. TRANSFER AND TRANSPORTATION COMPANIES. tion of all ordinances of The City of Louisville regulating streets and vehicles, taxation, and licenses, in the same manner that an individual would be or is. 4. Said Company is vested with the general common law powers of corporations, and in addition thereto, may hold such real estate as may be necessary or convenient. in the transaction of their business, not exceeding one hundred thousand dollars in value. 9. The corporators above named shall serve as directors, with full poweras such under this act until their succes- sors are elected. The principal office of said Company shall be in Louisville. 6. ‘‘An act to incorporate the Louisville Transfer Com- pany,’ approved February 11, 1867, is hereby amended so as to authorize the stockholders of said Company to increase the number of directors of said‘ Company to any number not exceeding nine. This act shall take effect from and after its passage. 7. Norvin Green, H. D. Newcomb, Joshua F. Speed, George W. Norton, -Lyttleton Cooke, W. B. Caldwell, E. D. Standiford, Albert Fink, and Samuel Gill and their associates and successors are hereby incorporated by the name and style of the Louisville Railway Transfer Com- pany; and shall, by such name, have perpetual succes- sion, with all the rights and privileges of a body politic and corporate, including the right to purchase and hold, sell and convey, real estate; to have and use a common seal and the same to alter or amend at pleasure. 8, Said Company is hereby authorized and empowered to contract with the Louisville, Cincinnati and Lexington Railroad Company and the Louisville and Nashville Railroad Company, and other parties interested, for the right of way, road-bed, and other properties pertaining to the same, and to build, or complete building, equip, and operate a railroad through The City of Louisville, with a single or double track, on and along the route granted to said railroad companies by The City of Lowis- __. lt ee oe TRANSFER AND TRANSPORTATION COMPANIES. SO1 ville, connecting the Louisville, Cincinnati and Lexington Railroad with the Louisville and Nashville Railroad; and the said Louisville, Cincinnati and Lexington, and Louisville and Nashville Railroad companies are hereby authorized and empowered to sell, convey, and transfer to the said Louisville Railway Transfer Company, their respective rights and interests in said connecting line of railroad now partially constructed, and to receive in pay- ment therefor either money or the stock orbonds of said Louisville Railway Transfer Company, by this act au- thorized to be issued, as may be agreed on between them. And the said Louisville Railway Transfer Company, on making such purchase from said railroad companies, shall succeed to all the rights and powers, and assume all the obligations of said companies, contained in or growing out of the contract of said companies with The City of Louisville, or the charter rights and obligations of the said companies, or either of them, or in any man- ner pertaining to the acquisition of right of way and con- struction of said connecting railroad, 9. The capital stock of said Louisville Railway Trans- fer Company shall be one hundred thousand dollars, in Shares of one hundred dollars each, for which capital stock the said Louisville, Cincinnati and Lexington Rail- road Company and Louisville and Nashville Railroad Company may each subscribe for, hold and own an amount not exceeding one equal half of said stock, which shall be paid for at such time and in such manner as may be agreed upon with, or shall be assessed and called by, the board of directors of the said Louisville Railway Transfer Company. Said railroad companies shall not sell and transfer said stock to any other person or cor- porations without the consent of The City, evidenced by a resolution of the General Council. The capital stock may be thereafter increased, from time to time, by stock dividends, or by further subscriptions thereto, for the ob- ject of carrying out and completing any of the works au- thorized in this act, in such sum or sums, at such time or ol Id., Section 8. TRANSFER AND TRANSPORTATION COMPANIES. Id., Section 4. Id., Section 5. times, and on such terms and conditions, as the board of directors of said Railway Transfer Company shall deter- mine: Provided, always, that in any subscription for, or sale of, additional capital stock the said Louisville, Cin- cinnati and Lexington and the said Louisville and Nash- ville Railroad companies shall each be entitled to take one equal half of such increase. 10. When the original one thousand shares of capital stock shall have been subscribed, the corporators named in this act, or a majority of them, shall designate the time and place of meeting of said stockholders for organiza- tion, giving at least three days’ notice of such meeting, when the company shall be organized by the election of six directors, to serve for the term of one year and until their successors are duly elected and qualified, three of whom shall be stockholders in the Louisville, Cincinnati and Lexington and three stockholders in the Louisville and Nashville Railroad Company; and in case such meet- ing shall fail to make such organization and election of directors, such meeting may adjourn to any other day it may designate; or failing to do that, may be again called together by said corporators, or majority thereof, until an organization shall be effected. Hach director, before entering upon his duties as such, shall make and sub- scribe an oath that he will faithfully discharge his duties as such director in the interest of said Company. ‘The board of directors shall elect one of their number presi- dent, and such other officers as may be designated by the by-laws; and the by-laws shall also designate the time and place of annual meetings of the stockholders for elec- tion of directors, the manner of filling vacancies in the board, and make other rules and regulations for the gov- ernment of the Company notinconsistent with the laws of this commonwealth and of the United States. Such by- laws shall be made, altered, or amended by a majority in interest of the stockholders. 11. The Louisville Railway Transfer Company may ac- quire the right of way, construct and operate any branch oa TRANSFER AND TRANSPORTATION COMPANIES. roads connecting with other railroads terminating at Louisville, or connecting therewith by bridge or ferry, extensions, and switches, to their said connecting rail- road, for the accommodation of the commercial and man- ufacturing business of The City of Louisville, said City consenting thereto; and for the purpose of acquiring the right of way for said connecting railroad, and for such extensions, branches, and switches, and for acquiring lands for depots, stations, turn-outs, machine and car- shops, said Company shall have power to condemn, by commissioners, who shall be appointed by the presiding judge of the Jefferson County Court, in like manner, and with all the powers and franchises granted to the Louis- ville and Frankfort, and Lexington and Frankfort Rail- road companies, for the construction of their Covington and Newport branch road. AI shippers over or along the line of the connecting roads shall be entitled to side- tracks and switches; and said Transfer Company shall furnish to all shippers by the car-load empty cars at either end of said road, or at any switch or side-track thereon, and deliver loaded cars at either end of the road, or at any switch or side-track, at one dollar per loaded car, and empty cars free of charge, in accordance with the contract with The City of Louisville. 12. To aid said Company in the acquisition, comple- tion, and equipment of said connecting railroad, its ex- tensions, depots, switches, and other works, said Louis- ville Railway Transfer Company may issue its bonds in sums of one thousand dollars or less, to an extent not ex- ceeding three hundred thousand dollars, with coupon notes for accruing interest thereto attached ; said bonds having not longer than thirty years to run, and bearing a rate of interest not exceeding ten per cent. per annum ; and may secure payment thereof by mortgage, lien, or liens on the property and franchises and net earnings of said Company ; and said bonds may be further secured, in whole or in part, as to the payment of interest or prin- cipal, or both, by the indorsement or guarantee of the Id., Section 6. 804 Id., Section 7. Id., Section 8. TRANSFER AND TRANSPORTATION COMPANTES. Louisville, Cincinnati and Lexington Railroad Com- pany, and of the Louisville and Nashville Railroad Com- pany, or either of them; and said bonds may be sold, pledged, or hypothecated by the said Louisville Rail- way Transfer Company, for the purpose of raising money for the purchase or acquirement of said roadway, and material and properties for the completion and equip- ment of the same, its extensions, switches, depots, and other necessary works, in such manner and on such terms as the board of directors shall authorize and di- rect; and said Louisville, Cincinnati and Lexington, and Louisville and Nashville Railroad companies may, jointly or severally, indorse or guarantee payment of any or all of said bonds; and may purchase, hold, or sell the bonds and stocks of said Louisville Railway Transfer Company. 13. The Louisville, Cincinnati and Lexington, and the Louisville and Nashville Railroad Company, shall both or either have full power to contract with said Louisville Rail- way Transfer Company as to the transfer to said Louisville Railway Transfer Company of the rights and properties already acquired by them, or either of them, in said con- necting railroad, as to the terms and manner of complet- ing and operating thesame; and when the existing rights of property and franchises shall be fully transferred and relinquished to the said Louisville Railway Transfer Com- pany, and the said Louisville, Cincinnati and Lexington, and Louisville and Nashville Railroad companies, shall _be reimbursed for their respective outlays thereon, the full title thereto shall vest in the said Louisville Railway Transfer Company free from all encumbrance, as if the said Louisville, Cincinnati and Lexington, and Louisville and Nashville Railroad companies had acquired and owned it only in trust for the said Louisville Railway Transfer Company. Said connecting railroad may be leased to and operated by either of said railroad com- panies mentioned, or by other parties, as may be agreed. 14, The transportation charge for transferring freight TRANSFER AND TRANSPORTATION COMPANIES. 805 over said road may be as high, but shall not exceed, fifty cents per ton for freight, thirty-five cents for each pass- enger, fifty cents for each freight car, and one dollar for each passenger, baggage or express car: Provided, that said Transfer Company shall not be bound to carry any lot or single package of freight for less than ten cents. 15. U. E. Ewing, John G. Barret, H. Victor Newcomb, R. 8. Veach, Jilson P. Johnson, W. R. Ray, A. T. Pope, Chas. R. Long, M. W. Ferguson, Charles M. Thruston, B. F. Camp, J. A. Krack, Thos. Bradley, J. Clifford, and their associates, successors, and assigns, are hereby in- corporated by the name and style of the ‘‘Short-route Railway Transfer Company,’’ and shall by such name have a perpetual succession, with all the rights and privi- leges of a body politic and corporate; to contract and be contracted with, sue and be sued; to have and use a common seal, and the same to alter and amend at pleas- ure; to have full power to purchase and hold real estate, or otherwise acquire transfer rights of way in The City of Louisville, and County of Jefferson. 16. Said corporation is hereby granted the exclusive privilege to build, construct, maintain, and operate a rail- way transfer company, by steam or animal power, for the transportation of passengers and freight by the car- load or otherwise, including that portion of The City of Louisville north of Main Street, from the east side of First Street to the west side of Fourteenth Street, for a period of ninety-nine years, dating from January 1, 1873. 17. Said corporation shall have the right, by and with the consent of the General Council of The City of Louis- ville, to the use of or right of way to such streets and alleys and such portions of The City’s wharf within the limits named in the second Section of this act as the in- terests of said corporation may require, and in such man- ner and under such reasonable restrictions and conditions as may be agreed upon between said corporation and the General Council of the said City of Louisville. An act to incorporate the Short-route Railw’y Trans- fer Company. Became a law March 7, 1873. peel, Id., Section 2. Id., Section 3. 806 Id., Section 4. Id., Section 5. 8 fie Section 6. Id., Section 7. Id., Section 8. Id., Section 9. TRANSFER AND TRANSPORTATION COMPANIES. 18. Said corporation is hereby authorized and empow- ered to construct, keep up, maintain, equip, and operate, or permit or authorize others to construct, keep up, equip, maintain, and operate, a railroad, by steam or animal power, with one or more railway tracks within the limits named in Section 2 of this act, and acquire such rights of way and grounds, and establish such buildings, depots, warehouses, and elevators that may be needful to the in- terests of said corporation. 19, Said corporation shall have the right to connect its track or tracks, as may be determined by said corpora- tion, with track or tracks, grounds, buildings, and depots of any and all railroads that may now or hereafter termi- nate in said City. 20. Said corporation shall have the right to regulate the rates of transportation for freight and passengers, cars and locomotives over their track or tracks, as the in- terests of said corporation may require, and to contract with such other companies, corporations, or individuals for the use of their tracks, buildings, depots, and eleva- tors, upon such terms and conditions as said corporation may deem best. : 21. The Short-route Railway Transfer Company may acquire the right of way, construct, and operate any branch road or roads connecting with other railroads ter- minating at Louisville, or connecting therewith by any bridge, extension, and switches to their said railroads or tracks, for the accommodation of the commercial and manufacturing interest of The City of Louisville, said City consenting thereto. 22. That any shipper or shippers over or along the line of railway track or tracks of the Short-route Rail- way Transfer Company shall be entitled to side-tracks and switches upon such terms and conditions as may be agreed upon between said shippers and said Transfer Com- pany. 23. The corporators, as named in the first Section of Ns Arete TRANSFER AND TRANSPORTATION COMPANIES. SOT this act, shall be ez-officio directors of the said Short- route Railway Transfer Company, and shall serve until their successors shall have been elected and qualified as in this act provided. 24. Said corporation shall, by its by-laws, provide for the election of the directors thereof, designating the num- ber and determining their qualifications and the manner and time of their election; the number and title of the officers thereof, and the time and manner of their ap- pointment and the duration of their term of office; the amount of the capital stock of said corporation, dividing the same into shares and determining the amount of each share, and the manner of payment, which capital stock may be increased and diminished as required, in the judg- ment of the directors of said corporation, by the necessi- ties or interests of said Company; which capital stock is declared to be personal property, and subject to the laws governing personal property, and shall be free from all claim of dower or courtesy; and such by-laws shall have the same force and effect as if enacted herein. And the said corporation shall have power to adopt such other by- laws for the government of the Company, its officers, agents, and employes, in the general undertaking of the business of the corporation as, in the opinion of such di- rectors, may be needful and proper, and to alter and amend or repeal the same in accordance with the provis- ions thereof. 25. Should the said corporation be unable to agree with the owners for the purchase of the land necessary or con- venient for the purpose named in this act as aforesaid, or for the right of way for such railways, side-tracks, or switches as they may desire to construct by virtue of this act, and in the accomplishment of the purposes herein contemplated said corporation may file a petition in the Louisville Chancery Court, which court is hereby given jurisdiction hereof, stating the facts relied upon, describ- ing the property sought to be condemned, and making the owners and all persons having lien thereon or interest Id., Section 10. Id., Section 11 808 Id., Section 12. Id., Section 13. TRANSFER AND TRANSPORTATION COMPANTLES. therein parties thereto, and may give notice to all non- residents and unknown owners of property as is now pro- vided in proceedings against them by the laws of this State, and praying that the value of the same may be as- sessed, and that the property described or the right of way demanded, as the case may be, shall be condemned for the use of said corporation, of which suit notice shall be given, as is provided in other like causes tried in said court. 26. Whereas, the issues in such cases shall be made up, if either party shall demand a jury, the chancellor shall fix a day for trial, and shall direct the marshal of said court to select and summon a jury in such manner and from such class of citizens as such chancellor shall by rule of court order and direct, which said jury shall assess the value of the land sought to be condemned or the damage arising from the use of the right of way claimed; and upon the payment into court of such sum so assessed the chancellor shall direct the commissioner of said court to convey such real estate or right of way to said corporation. New trials, rehearings, or appeals may be had in all such cases as in other chancery cases. If neither party shall demand a jury, the chancellor shall try the cause. Evidence may be taken according to the practice.of said court; or, if the trial is by jury, either party may, at their option, produce witnesses on the trial. 27. Said corporation shall have power to borrow money on the credit of the corporation not exceeding the amount of its capital stock, at a rate of interest not exceeding ten per cent. per annum, payable semi-annually; and may execute notes or bonds with semi-annual coupons attached therefor, in sums not less than one hundred dollars, having such time to run or mature as may be agreed upon by said corporation, and execute a mortgage or trust-deed upon its property, franchises, and rights then or thereafter acquired, to secure the payment of the principal and interest; and the stockholders of said cor- TRANSFER AND TRANSPORTATION COMPANIES. 809 poration, individually or in their corporate capacity, or any railroad company or companies or other corporation which, by contract or otherwise, may acquire the right to use any of the grounds, tracks, buildings, depots, and elevators, or other franchises, privileges, or rights of said Company, are hereby authorized to guarantee the payment of the same; and the corporation hereby cre- ated may dispose of such notes or bonds at such rates of premium or discount as the directors may deem best for its interest. This act shall take effect from and after its passage; and all acts or parts of acts inconsistent here- with are hereby repealed. 28. The charter of the Short-route Railway Transfer Company, which became a law March 7, 1873, is hereby amended as follows, to wit: The said Short-route Rail- way Transfer Company shall so fix, regulate, and collect its tolls and charges that the net earnings shall not exceed ten per cent. profit upon the actual money cost of the pur- chase of property and the construction of the road, with its depots, switches, and other necessary works, and when the said earnings shall be increased beyond such amount the rates of freight shall be reduced accordingly. 29. Said corporation shall make no discrimination in charges in transportation over the road in favor of any person, firm or corporation, but all shall enjoy equal rights and privileges in this respect. 30. Said corporation shall not have the right to con- demn property except such as may be necessary for the construction of its main lines of railroad over the right of way granted it from Preston Street to Fourteenth Street, both streets included. 31. The right of said corporation to connect its tracks with those of other railroads shall be, and is, limited to the space lying between Main Street and the Ohio River. 32. Said corporation shall so construct its railroad as not to unnecessarily interfere with the navigation of the Ohio River along the City wharf, and so that the landing, An act to amend an act entitled An act to incorporate the Short-route Railw’y Trans- fer Company, which became alaw March 7, 1873. Approv- ed Apr. 1,.1882. Sees. 1 and 2. Id., Section 3. Id., Section 4. Id., Section 5. Id., Section 6, 810 TRANSFER AND TRANSPORTATION COMPANIES. TId., Section 7. Id., Section & An ordinance granting the right of way to the Short+ route Railway Transfer Com- pany along and over the City wharf and pub- lic ways of The City of Louis- ville, from Sec- ond Street to Fourteenth St. Approved Oct. 15,1881. Sec- tion 1. loading, and unloading of boats shall not be interfered with, and the location of said railroad from Third Street to Fourth Street shall not be north of the red line commenc- ing at the southwest corner of Third Street and the wharf, and running thence westwardly to a point sixty-four feet south of the southeast corner of Fourth Street and the wharf, as shown upon a map on file in the City Engineer’s office in The City of Louisville. 33. The exclusive right of said Company to the space lying south of the right granted to said Company by the General Council of The City of Louisville be limited to twenty (20) years from the ninth day of December, 1881. o4. Any provisions of the ordinances of The City of Louisville, so far as the same are in conflict with this act, are hereby declared null and void. .This act shall take effect from and after its passage. 30. The right of way is hereby ganted, so far as The City of Louisville has the power to grant the same, to the Short-route Railway Transfer Company, to build, con- struct, maintain, and operate a Railway Transfer Com- pany by steam or animal power, over one or more tracks to be laid by said Company, as herein authorized, over or upon such streets, alleys, wharf, or other property owned by The City of Louisville, for the transportation of pas- sengers and freight by the car-load or otherwise, from the east side of Second Street, connecting with the Louisville, Cincinnatiand Lexington Railroad Company, thence along the City wharf and across or over such streets and alleys to Tenth Street, and thence by the most feasible route to Fourteenth Street, or to a connection with the bridge companies and railroads hereinafter mentioned, connect- ing with the Jeffersonville, Madison and Indianapolis Railroad, the Ohio and Mississippi Railroad, the Louis- ville, New Albany and Chicago Railroad, the Louisville, New Albany and St. Louis Air-line Railroad, and the Louisville Bridge Company, and Kentucky and Indiana Bridge Company. 2 ; . i TRANSFER AND TRANSPORTATION COMPANIES. 36. The Short-route Railway Transfer Company shall so build and construct the tracks over the route designated in the first Section of the ordinance as will least obstruct the business traffic and travel. | 37. The Short-route Railway Transfer Company shall elevate its tracks over all the streets, from Third Street to Tenth Street, both included, so as to permit free pas- sage of all kinds of vehicles and pedestrian travel there- under. 38. The Short-route Railway Transfer Company shall lay the tracks under the supervision of the City Engineer, and at all times said tracks, where not elevated, shall con- form to the grade of the streets and public ways. 39. The rate of speed shall not exceed six miles per hour over the tracks laid to conform to the grade of the streets and wharf, and not exceeding fifteen miles per hour over the elevated tracks. 40. The Short-route Railway Transfer Company shall have flagmen at such of the street-crossings as the Gen- eral Council may at any time require. 41. The Short-route Railway Transfer Company shall not discriminate in favor of or against any corporation, firm, or individual in rates over the right of way herein granted or specified. 42. The Short-roate Railway Transfer Company shall have the right to connect by switch or side-track with warehouses, elevators, depots, and bridges of other cor- porations, firms, or individuals from time to time, the General Council consenting thereto. 43. The Short-route Railway Transfer Company shall hold The City of Louisville harmless from any and all damages by reason of the right of way herein granted. 44. The work of building the said Short-route Railway shall be commenced within six months after the approval of this ordinance, and shall be completed within two years from the date of such approval; and if not, the S11 Id., Section 2. Id., Section 3. Id., Section 4. Id., Section 5. Id., Section 6. Id., Section 7. Id., Section 8, Id., Section 9. Id., Section 10. Td., Section 11. An ordinance granting the right of way to the Short-route Railw’y Trans- fer Company to extend its track from Sec- ond St. along Water Street to Preston St., and from Sec- ond Street to the east side of First Street, northof Fulton Street. A p- proved Dec. 9, 1881. Sec. 1. Id., Section 2. id., Section 3. TRANSFER AND TRANSPORTATION COMPANTES. right and grant shall be forfeited. But the General Coun- cil may extend such time, and in the event of any such stoppage by legal interference, the time of stoppage shall be added as further time within which to begin and com- plete the work. 45. The maximum rate of toll upon coal shall be one dollar per car-load. 46. The right of way, so far as The City of Louisville has the power to grant the same, is hereby granted to the Short-route Railway Transfer Company to extend its tracks from Second Street along Water Street to Preston Street, and from Second Street to the east’side of First Street, north of Fulton Street. Said tracks shall be ele- vated over Second Street to admit of pedestrian and vehicle travel thereunder; and shall also be elevated over First Street, and in all other respects to conform to the erade of the public ways in such manner as to least ob- struct business traffic and travel over and along the right of way herein granted. 47. The Short-route Railway Transfer Company shall be subject to all the terms and conditions over the right of way herein granted, as specified in ordinance No. 2,124, entitled ‘‘ An ordinance granting the right of way to the Short-route Railway Transfer Company along and . over the City wharf and public ways of The City of Louisville, from Second Street to Fourteenth Street,”’ approved October 15, 1881. 48. The rate of freight per loaded car shall not exceed one dollar, and that the said corporation shall so fix, reg- ulate, and collect its tolls and charges, that the net earn- ings shall not exceed ten per cent. profit upon the actual money cost of the purchase of property and the construc- tion of the road, with its depots, switches, and other necessary works, and when the said earnings shall be in- creased beyond such amount, the rates of freight shall be reduced accordingly. Said corporation shall make no discrimination in charges in transportation over the road —— TRANSFER AND TRANSPORTATION COMPANIES. in favor of any person, firm, or corporation, but all shall enjoy equal rights and privileges in this respect. Said corporation shall not have the right to condemn property, except such as may be necessary for the construction of its main line of railroad over the right of way granted it from Preston Street to Fourteenth Street, both streets included. The right of said corporation to connect its tracks with those of other railroads shall be, and is, lim- ited to the space lying between Main Street and the Ohio River. Said corporation shall so construct its railroad as not to unnecessarily interfere with the navigation of the Ohio river along the City wharf, and so that the landing, loading, and unloading of boats shall not be interfered with. That the exclusive right of said Company to the space lying south of the right of way granted, be limited to twenty (20) years from the date of the approval of this ordinance, 49. The Short-route Railway Transfer Company shall apply in good faith to the legislature at its present ses- sion, and use their best endeavors to secure amendments to the charter of said Company in accordance with the provisions of Section 3 of this ordinance: Provided, that the grants to said Short-route Railway Transfer Com- pany contained in this ordinance shall not take effect until said Company shall have applied to the legislature and had its charter so amended as to incorporate in it the restrictions and limitations on its rights contained in this ordinance. 50. Wm. R. Ray, Pat. Cooper, Oliver Lucas, John Mason Brown, Thomas H. Hays, and 8. E. Herr, and their associates and successors, be and they are created a cor- poration, under the name and style of the West End Transportation Company; and by said name may have perpetual succession ; may sue and be sued, plead and be impleaded; have and use a common seal, and alter the same at pleasure; contract and be contracted with, and hold and acquire real and personal property, and dispose of the same by sale or mortgage. 813 Ia., Sectior. 4. An act to incorporate the West End Transportation Company of rhe City "of Louisville. Approved Mar. 24, 1880. Sec- tion 1. 814 TRANSFER AND - TRANSPORTATION COMPANTES. Id., Section 2. Id., Section 38. Id., Section 4. Id., Section 5 91. The said corporation shall have power and author- ity to construct and operate a line or lines of street rail- way within The City.of Louisville, within the following limits, to wit: "A p= proved Nov. 27, 1865. Sec- tion 1. Id., Section 2. 828 An ordinance regulating hack-stands. Approved Oct. 26, 1853. An ordinance regulating the loads of ve- hicles which may be used in hauling mer- chandise or other articles in the limits of ThesCitylof Louisville. Ap- proved Aug. 26, 187i sees: Id., Section 2. VEHICLES. 26. Not more than three vehicles shall occupy so much of the same stand at the same time, as lies on one side of the street, and between the intersecting street and the center of the square. Vehicles there shall stand close to the curb-stone, and remove from or change place at the stand, as may be proper in order to promote the convenient transaction of business by other persons or vehicles, and to facilitate such business, the Marshal and watchman shall, whenever expedient, give orders as to vehicles, directing their position and management. Ve- hicles used in carrying passengers shall have preference of place over those carrying goods, and the latter shall remove, when requested, to make vacancies for the former; and any vehicle arriving when there is a vacancy shall take place in rear of others of its class already there. If any vehicle shall fail to comply with any part of these regulations, or any regulation or order which may be as above legally given them, the owner or driver shall be fined not less than five nor more than twenty dollars. 27. Hereafter the weight of a load of merchandise or other articles hauled over any of the streets or alleys of The City by any four-wheeled vehicle shall not exceed in amount as follows, viz.: Eight thousand pounds for tires of six inches or over in width; six thousand pounds for tires of four inches or over in width; five thousand pounds for tires of three and a half inches or over in width ; four thousand pounds for tires of three inches or over in width; thirty-five hundred pounds for tires of two and a half inches or over in width; three thousand pounds for tires of two inches or over in width ; twenty- five hundred pounds for tires of less than two inches in width. 28. The weight of a load of merchandise or other articles —— ee served; and if the party, vehicle, or vessel fail or neglect to comply with the rule, and a collision and injury ensue, such person, vessel, or vehicle should be regarded as in fault, and not allowed to recover damages.— Hawkins & Co. v. Riley, 17 B. Mon., 101, : e ie VEHICLES. 829 hauled over any of the streets or alleys of The City by any cart, dray, or other two-wheeled vehicle shall not ex- ceed in amount as follows, o7z.: Five thousand pounds for tires of six inches or over in width ; thirty-eight hun- dred pounds for tires of four inches or over in width ; thirty-four hundred pounds for tires of three and a half inches or over in width; three thousand pounds for tires of three inches or over in width; twenty-five hundred pounds for tires of two anda half inches or over in width; two thousand pounds for tires of two inches 9r over in width; sixteen hundred pounds for tires of less than two inches in width. 29. Vehicles, whether four-wheeled or two-wheeled, engaged in hauling boilers, engines, cylinders, shafting, or stone, when in a single piece, may haul such articles in excess of eight thousand pounds, provided the tires of such vehicles are not less than six inches in width. 30, Every vehicle licensed to haul merchandise or other articles within the City limits shall have its number, name of owner, and maximum weight of load, as authorized by this ordinance, painted on a piece of tin not less than nine by three inches in size, and fastened in a conspicuous place on said vehicle. 31. Policemen are hereby granted authority to weigh any load that they may deem necessary. 32. It shall be the duty of the License Inspector to as- certain correctly the actual width of tire of each dray, cart, wagon, or other vehicle which shall hereafter be licensed to haul merchandise or other articles within the City limits, and to furnish the Chief of Police with the num- ber, name of owner, width of tire, and kind of each such vehicle. 33. For a violation of any of the provisions of this ordi- nance the owner or driver of the vehicle shall for each offense be fined not less than two nor more than fifteen dollars. | 384, Four-wheeled vehicles constructed with a straight Id., Section 3. Id.. Section 4. Id., Section 5. Id., Section 6. Id., Section 7. Id., Section 8. 830). VEHICLES. la.. Section 9. An ordinance concerning hacks, preseril ‘a ing the duties, etc., of «wners and drivers thereof, enfore- ing observance of said duties, etc., and fixing the charges for transporting passengers and their baggage in hacks. A p - proved Sept 12, 1883. See. Id., Section 2. Id., Section 38. coupling, and withouta fifth or pivot-wheel ora cut-under, may haul one thousand pounds in excess of the above pro- Visions. 35. Ordinance No. 3841 (Elliott’s Revision), approved November 27, 1865, is hereby repealed. This ordinance to take effect January 1, 1872. 36. Coaches, cabs, carriages, or hacks, used for the conveyance of persons within The City of Louisville, for hire or compensation, shall be deemed hackney car- riages or hacks, and so called. 3¢. It shall be the duty of the Secretary and Treasurer of the Sinking Fund to furnish any applicant whom he may deem entitled to same, with a printed copy of Sec- tions 3, 4, 8,9, and 15 of this ordinance; also, if the owner of a licensed hack, with a duplicate of the l- cense, and attached thereto a printed statement of the rate of charges for transporting passengers and their bag- gage, allowed by this ordinance. 38. It shall be the duty of the owner of every licensed hack, before he shall run the same, or be entitled to charge, ask. or receive any hire or compensation for the use thereof, to cause the number of said hack, as stated in his license, to be painted or otherwise delineated in plain and easily legible figures, at least two inches in length, in conspicuous places on each side of his hack, and to have and keep the same at all times so conspicu- ously painted or delineated ; also to place and keep in a conspicuous position, in the interior of such hack, a legi- bly printed copy of Sections 3, 4, 8, 9, and 15 of this ordinance, the name and residence of the owner, a printed and legible copy of the rates and charges authorized by this ordinance, and attached thereto the duplicate of his hack license, in a legible condition, so that the name and residence of the owner, the duplicate license and copy of the rates of charges, and the printed copies of the afore- said sections of this ordinance may be conveniently seen and read in the daytime, by any person capable of read- VEHICLES. ing, who may be a passenger in such hack. And no per- son so obtaining hack license shall permit any other person to drive said hack than a hack-driver, at the time regularly licensed as such, as provided by Section 7, of this ordinance, under penalty of a fine of from one dollar to five dollars for each day or night or part of a day or night he shall so permit. But the person to whom a hack license is granted may himself drive that hack with- out obtaining a hack-driver’s license himself. 39. Every owner or driver of a licensed hack who shall Zz., Section 4. refuse or neglect to convey any person, with or without baggage, to any place in the City limits, when applied to for that purpose, or who shall ask, demand, take, or extort any higher or greater price, rate, or charge than as herein established, or who shall neglect to place and keep the legibly printed copy of the Sections 3, 4, 8, 9, and 15 of this ordinance, the name and residence of the owner, the duplicate license and rates of charges inside of the hack, as prescribed in Section 38, or who shall refuse or omit, when requested, truly to inform any person as to whether the hack is or is not engaged, or of the true num- ber of the hack, the name and place of abode of the owner, or the correct amount of the rate of fare author- ized to be charged for the use of it by this ordinance, or who shall willfully mislead or misconvey any person, or willfully neglect or refuse to convey any person by the most direct route to his or her place of destination in The City, or insult, by abusive, indecent, or opprobrious language, any person or passenger whom he shall have or shall have had in his care, or who may apply to him for conveyance in the hack of which he is owner or driver, shall, for every such offense, be fined from two to twenty dollars, to be recovered from the owner or driver sever- ally and respectively. | 40. Every hack, when driven or used in the night, shall have fixed upon some conspicuous part of the outside thereof two lighted lamps, with plain glass fronts and sides, with the number of the hack painted on each of Id., Section 5. 832 - VEHICLES. Id., Section 6. Id., Section 7. Id., Section &. said glass fronts and sides, with black paint, in legible figures at least two inches in length, and with no other figure or device, so that the same may be distinctly seen and known when the hack may be standing or driven; and the owner or driver of every hack which shall ve driven or used in the night without complying with the foregoing provisions, shall each or either be fined sev- erally and respectively ten dollars for each and every offense. 41, Any hack-driver, while waiting for employment on any stand or elsewhere, who shall snap or flourish his whip, or who shall unnecessarily leave such vehicle, or who shall use indecent or profane language, or be guilty of boisterous talking or hallooing, or other disorderly conduct, or vex or annoy any travelers, citizens, or pass- ers-by, or in any manner obstruct any cross or sidewalk, shall be fined from two to ten dolars for each offense. 42. No person, except as provided in Section 23, shall drive any licensed hack without being thereto at the time duly licensed to drive as hereinafter provided, under pen- alty of a fine of from one to five dollars for each offense. Any applicant, considered suitable by the Secretary and Treasurer of the Sinking Fund to be licensed as a hack- driver, may obtain such license without cost; and it shall be the duty of the Secretary and Treasurer of the Sink- ing Fund to.issue such applicant a license to drive, stat- ing the name, age, and residence of the person to whom the license is granted, the date of the license, and the time for which it is granted, which shall be for one year from the date thereof, and no longer, and upon the issual of the license it shall be the duty of the Secretary and Treas- urer of the Sinking Fund to cause the same to be regis- tered. 43. No owner or driver shall demand or receive any pay for the conveyance of any passenger or baggage, un- less the legibly printed. copy of Sections 3, 4, 8, 9, and 15 of this ordinance, the name and residence of the owner, the duplicate of the hack-license, and attached thereto VEHICLES. the rates and prices of fare as allowed by this ordinance, shall be fixed in the hack in the manner and as directed by the third Section of this ordinance at the time such passenger may be conveyed in such hack, nor if the owner or driver shall have demanded any greater price or rate of pay than he may be legally authorized to demand and receive. 44. No owner or driver of any licensed hack, while on any of the stands now established, or which may be here- after established, or at any steamboat or other landing, or while waiting for employment at any other place in The City than the stable or residence of the owner or driver thereof, shall refuse or neglect to convey any per- son or persons to any place or places in The City, on be- ing applied to for that purpose; and on the person or persons being placed in such hack, the driver shall at once proceed to convey such passenger or passengers to such place or places within the City limits as he, she, or they may desire and request; nor shall the owner or driver place or permit any other person or persons in such hack with- out first requesting and obtaining the express consent of the person or persons therein, or of the person or persons who first engaged to call upon him, under a penalty of a fine of ten dollars for each and every refusal, neglect, or offense, besides a forfeiture of all right to demand or re- ceive any pay from any of the passengers. 45. For a violation or non-observance of any of the pro- visions of this ordinance, the owner and driver of the: hack shall each, or either, be jointly and severally liable to a fine of not less than two dollars nor more than twenty dollars for each offense, unless when the penalty or fine is herein otherwise specially designated, and then he or they shall be so liable to such penalty or fine. 46. The fines and penalties imposed by this ordinance shall be recoverable for the use and benefit of The City of Louisville, before the Judge of the City Court, by a war- rant in the name of The City. It shall be the duty of the 53 Id., Section 9. Id., Section 10. Id., Section 11. VEHICLES. da.. Section 12. Id., Section. 18. Id., Section 14. officer making arrest for any of the causes permitted in this Section to take such steps as may be necessary to have proper care taken of the hack and horses, at the ex- pense of the owner, while the hackman may be in custody. 47. Any owner or driver of a licensed hack, who shall be thrice convicted of a breach of any of the provisions of this ordinance, shall be deprived of his license, and forever debarred from a license under this ordinance unless by consent of the General Council. 48. It shall be the duty of all: owners of hacks now. licensed to comply. with the provisions and requirements of this ordinance within twenty days after its publica- tion, and on failure to do so the license of such one so. failing shall be and is hereby declared forfeited and re- voked from and after that date. 49. The following rates and prices of fare for the use of hacks are hereby established: For transportation any distance in The City not exceeding twelve squares, for one passenger, seventy-five cents. If more than one passenger, then fifty cents for each passenger, counting all. Any distance in The City exceeding twelve squares, but not exceeding eighteen squares, for one passenger, one dollar. If:more than one passenger, then seventy- five cents for each passenger, counting all. Any distance in The City exceeding eighteen squares, for one passen- ger, one dollar and twenty-five cents. If more than one passenger, then one dollar for each passenger, counting all. If, in any of the foregoing cases, the hack should not have been employed by the hour, yet should be used or detained for an hour or more, the charge there- for may, at the option of the driver, be made as though the hack had been employed or engaged by the hour. When engaged by the hour for one or more passengers, the charge for the load shall be, for the first hour two dollars, and at the rate of one dollar per hour for each succeeding hour. And when engaged by the hour, the charge for an hour shall be collectable, though the hack Ss a aeons 2 aa VEHICLES. io 2) Ww or may not have been used the full hour. When engaged by the day the charge shall be eight dollars per day. Ten hours shall be considered a day, but the driver shall not, unless first agreeing thereto, be compelled to drive after dark to make up the ten hours. And if the hack should be used or detained longer than the ten hours, the additional hours, unless otherwise agreed to, shall be charged for as though the hack had been employed by the hour. For services during the night the charge shall be the same as in the day, unless a different contract. be made; yet, in making such contract, the driver shall not be permitted to charge or receive a greater price than the amount allowed to be charged for services during the day, anda sum equal to one fourth of said amount in addition. For attending funerals, two dollars and fifty cents ; but no owner or driver shall be compelled, unless he shall contract to do so, to attend with his hack at a funeral. In the foregoing charges isincluded the charge for transportation of baggage for each passenger, not ex- ceeding fifty pounds in weight, and any excess is to be paid for at the rate of twenty-five cents per one hundred pounds. 90. No driver shall be compelled to take more grown passengers than four. No charge shall be made for chil- dren five years of age and under, who are in care of pas- sengers who are chargeable. Children beyond five years and not exceeding twelve years shall be chargeable only half. price. 91, Any owner or driver having engaged to perform Services with his hack, who shall, without just cause, fail or refuse to comply with the engagement, shall be liable to a fine of from two dollars to twenty dollars for each offense, besides being liable to the party complain- ing in a civil action. 52. Ordinance No. 87, approved April 23, 1884, and all ordinances and parts of ordinances, in so far as they are Id., Section 15. Id., Section 16. 836 VEHICLES. in conflict or inconsistent herewith, are hereby repealed. This ordinance shall take effect from and after its passage. fes~See AssEssoR—CourtTs oF LAwW—FInEs AND MispDEMEANORS—IN- SPECTION, WEIGHTS, AND MEASURES — LICENSE— MARKETS—POLICE—— PuBLic WAYS. The unreported opinion in the case of Means v. City of Louisville, Court of Appeals, February 2, 1865, is as follows: “The charter of The City of Louisville empowers the municipal authori ties to regulate and tax all “vehicles” employed in The City on the transpor- tation of persons for hire. Hacks so employed are certainly such vehicles, and, consequently, the ordinance for licensing such hacks was, so far, author- ized by the charter; and, as the whole ordinance applies, in each and all of its provisions, to the same subject of hacks—for regulating the duties of their owners and drivers, and for enforcing the performance of the prescribed du- ties—the multiplicity of its provisions does not, in any respect, make it un- constitutional. Nor is there any violation of the constitution in any of the various regulations or multiform modes prescribed for enforcing them and securing the public against damage, inconvenience, or imposture. The bond required is prudently conservative to that end, and the requisition confliéts with no constitutional provision or legal principle. Nor do we see that the authority given by the ordinance to policemen to arrest offenders against its provisions is any violation of the constitutional guarantee against arrest under a “warrant,” without a verification of the cause by affidavit. The constitu- tion does not require a warrant for arrest in all cases, even of crimes. An official view or knowledge of an offense may authorize an official arrest of the offender without the specific authority of a previous warrant. But Means was only cited—not arrested. We are, therefore, of the opinion that Means petition for a prohibition was properly overruled by the Circuit Court, and consequently that judgment is affirmed.” . . a CHAPTER L. WATER. CONTENTS. 1. Incorporation of the Louisville Water Company. 2. Capital stock; authority to is- sue bonds. 3. Management of the corporation; president and directors; time and manner of their election. 4. The Company empowered to buy and hold lands; to acquire rights to lay pipes and acqueducts and re- pair the same; to erect buildings, engines, machinery, and reservoirs ; to acquire land or right of way by writs of ad quod damnum. 5. The Company empowered to take water from the Ohio River or elsewhere; to construct pipes and ac- queducts under or over any railroad, canal, highway, street or wharf, on condition. 6. The laying and construction of pipes and acqueducts regulated; the Company to have, conditionally, the exclusive right to supply The City with water. 7. The Company empowered to sell the privilege of using water sup- plied by it and to regulate such use by by-laws. 8. The City may purchase the franchise and property of the Com- pany and assume therewith all rights and responsibilities assigned to the Company. 9. The act of incorporation to be void in a certain event. 10. The maximum prices of water- charges fixed; limitation of time for completing the works. 11. The first issue of City water- bonds authorized. 12. Water a Ve: ANC of the assessments of water rents. ssments authorized, 14. Mode of acquiring real estate for the purposes of the Company. 15. Directors must be residents of Kentucky. 16. Extension of time for com- pletion of the works. 17. Further extension of time. 18. Directors’ term of office ex- tended; any citizen eligible to the Council may be a director. 19. Election of directors, and -va- cancies in the board. 20. The Company may establish rules and regulations for the govern- ment of consumers. 21. Liability of offenders for in- jury to works and other property. 22. The supervision and charge of the reservoir and grounds. 23. The Council may pass ordi- nances for the protection of the works, within or beyond the City limits. 24. The capital stock increased. 25. The additional subscription to be regulated by the Council. 26. The City authorized to sub- scribe; the second issue of City water- bonds provided for. 27. The Company authorized to issue its bonds, and execute mortgage therefor. | 28. The Water Company contin- ued by the City charter of 1870; conditions of additional subscription by The City; no tax or assessment 838 An act to incorporate the Louisville Water Com- pany. Ap- proved March 6, 1854. Sec- tion 1. WATER. to be levied for water used for public 32. Fines and charges for using purposes. water from public or private services 29. The Council authorized to give without Pee ee or loan the Company one hundred 33. Police supervision of the Com- 7 ° ° Sonne Ae ‘ and fifty thousand dollars in City | pany’s grounds and buildings. bonds. 34. Power to borrow money. 30. The rules and regulations of 35. The Company’s taxes regu- the Company to be published in | lated. newspapers. 36. Public fire-cisterns and _ fire- 31. All special rules and regula- | Plugs to be supplied without charge. tions regularly adopted to be re- 37. Exemption of the Water Com- ceived as evidence in courts of law. pany from all taxation. 1. Thomas EK. Wilson, Bland Ballard, John R. Hamil- ton, Charles J. Clarke, Andrew Graham, and Curran Pope, their associates and successors, are hereby made a corporation by the name of the Louisville Water Com- pany, with power and authority to construct and estab- lish within The City of Louisville or elsewhere for the purpose of supplying said City and its inhabitants with water. * 1 The rules and regulations governing the introduction, supply, and con- sumption ‘of water from the Louisville Water-works, adopted by the board of directors, and in force July 1, 1884, are the following: 1, Application.—All applications for service attachments to the distribut- ing pipes, for the purpose of introducing the water into any premises, must always be made by the owner of the premises into which water is proposed to be introduced, or by his duly authorized agent. The applicant must state fully and truly all purposes for which water is required, and frankly, with-- out concealment, answer all questions asked by the Water Company’s author- ized agents relative to its consumption, and sign on the Water Com- pany’s books an application setting forth the purposes for which water is desired. Upon complying with these conditions, the secretary or water purveyor of the Water Company will issue a written permit, granting the applicant the privilege of a service attachment and the use of water in the manner and for the consideration as hereinafter stipulated; and the Water Company will furnish, lay, and keep in repair, free of cost to con- sumers, all service-pipes up to the curb-stone or property lines. In cases where the property lines are defined by fences, walls, or buildings, the Water Company will furnish pipe enough to enable the water consumers to have their service-pipes joined to the Company’s pipes inside the said fences, walls, or buildings. The water consumer must perforate such fences, walls, and buildings, and after the pipes are introduced make them secure against injury by frost, surface or gutter-water, and leakage from the pipes themselves. In cases where there are vaults under the sidewalks, or where the walks are paved with stone flagging, the Water Company will end with the stop-cock f ee ey ie re ee es WATER. 839 2. The capital stock of said corporation shall consist of not more than ten thousand shares, and no assessment shall be Jaid thereon of a greater amount on the whole than one hundred dollars upon each share. Said corpo- ration may issue its bonds for such amountas it may find necessary, payable in not more than thirty years from their issue, and sell the same at such discount as they may deem advisable, and secure the same by a mortgage of the lands and water rents. in or near the line of the curb-stone, from which the water consumers. must extend the pipe and conduct.the water in their own way and at their own cost and risk. Permits for the use of water from service-pipes and water fixtures already in will be granted applicants upon paying the assessed rates upon such services and fixtures. Unexpired water rents will be refunded where the water is ordered to be turned off upon the return of the permits and receipted bills to the Company. . No money will be refunded to any party unless such return is made. No water rent on sprinkling assess- ments will be refunded at or near the end of the sprinkling season. No money will be refunded tor erroneous collections for a longer time than for — the year preceding the year in which the application for correction is made. 2. Size of Attachment.—A|l attachments for ordinary service shall be made by means of brass ferrules of one half (4), five eights (2), three quarters (#), seven eighths ({), or one (1) inch diameter of water-way; and in order to provide an ample supply with-a minimum tax upon the capacity of the works, and at a minimum cost to the consumer, permits for making attachments to supply water for domestic purposes will be issued as follows, to wit: For supplying dwellings of not more than ten rooms, one half (4) inch ferrule. For supplying dwellings of more than ten and not over eighteen rooms, one five eighth (2) inch ferrule. For supplying dwellings of more than eighteen rooms, one three quarter (#) inch ferrule. For supplying stores, one ferrule from one half (4) to five eights (2) inches diameter, according to the wants. For supplying laundries, livery-stables, stock-yards, coffee-houses, barber- shops, restaurants, small manufactories, efc., one ferrule from one half (3) an inch diameter up to as large as the wants willrequire. For supplying hotels, hospitals, railroad stations, hydraulic elevators, and manufactories requiring large quantities of water, the character and size of the attachments shall be determined by the quantities of water required in specified periods of time. 3. Size of Service-Pipe and Stops.—A1]I service pipes shall be one eighth (4) of an inch larger in diameter than the ferrule through which they are sup- plied, and all stop-cocks in the line of the service-pipe or branches under ground must be stops with circular water-ways, of the same diameter of water-way as the pipe in which they are placed. 4. Character of Pipe and Standard Weight.—In all cases service-pipe be- tween the distributing pipe in the street and the street limits must be lead pipe, unless above one and a quarter inches inside diameter, in which cases Id., Section 2. 840 Id., Section 3. WATER. 3. The affairs of said corporation shall be managed by six directors and a president, who shall be stockholders in the corporation ; and a majority of the directors shall be citizens of Kentucky. The directors shall be annually chosen by the stockholders, at such time and place as may be designated by the by-laws of the corporation. The cast-iron pipe may be used. Al lead pipe so used shall be what is called extra strong pipe, and of the following standard weight: Lead Pipe. Per Lineal Foot. Sau MODOC: ace.tedtarscaees WIE Morte les vetasassnaeesta,tesctiscasten tras ters gee te nteaercere 2 pounds 0 ounces. LEAN CH DOUCE stac, nots Memos sna id oa ceeanre sel peemacts nde ee tencu sane, canteen att cneecae set er seers 2 pounds 7 ounces. DEAN CH ADOTER, ts Sema sshe laisse dose devencerncemaacanascmecsetee gotta. tuasssset connecter “et ees POLLILG hag ONOMUEL Gers SD GHANOUE acoces ace caccus sactankeseomaten sucess Sone ncesce eoncasms te sisastcsen tener soveetec cern tes 3 pounds 10 ounces. LL CH Doren Sar cectes eeu ss te esee acer ose nae eeteentess Ria cenes Peveccuddauscasceeeeste: 4 pounds 12 ounces. TAD Ch: DOLE eet AES sedeashsceen coe sseedetuete cocecds pase oa qaee se oes cotemace seus aneteraw ss aetered 6 pounds 0 ounces. LPs THEDUDOUGLS j2n cis snsctatiselehsa «sth prs ope) cee ne ee Aeapsids fae aes Nae Fit Se wtp 2 i 7 pounds 2 ounces. 194 INGE WOPCL.s crass totetaten anes al dag-ton pe sby etete wetness a dee hagas waned A eaten ...8 pounds 4 ounces. QZ PPIN CH DOLE A eecseecs veal cee teeeea some ceseeetenke swan en Men nena ase eee SU nIE re ea eee ete 9 pounds 8 ounces. And cast-iron pipes must be subjected to a hydrostatic pressure of three hun- dred pounds to the square inch before they are laid. 5. Depth of Service-Pipe.— W ithin the limits of the streets service-pipe shall in no case be laid at a less depth than three and a half (81) feet under the surface of the street or sidewalk. | G. Stop-cocks and their Location.—There shall be a brass stop-cock in each service attachment under the exclusive control of the Water Company; the said stop to be placed in the pipe on the sidewalk just inside of the line of the curb-stone, and about one foot distant therefrom. Each such stop-cock shall be provided with a cast-iron box or tube, sufficiently large to afford ready access, with a key for turning on and off the water. The top of each box or tube shall be placed on a level with the grade of the sidewalk, and have an iron cover or cap suitably attached, with the word “ Water” and the number—in Arabic numerals—of the service attachment cast upon the said cover. Water consumers are not permitted to use the stop-cocks on the side- walk; but there shall be a stop-cock placed by and at the expense of the water consumer in every service attachment—located at the first suitable point beyond the street limits—this stop to enable the consumer to turn off the water in case of accident to the pipe on his premises. For damages to buildings or contents, arising from occupants failing to control the flow of water in the absence of such stop-cock, or through failure in trying to use them, the Water Company will not be responsible. ?. Inserting Ferrules and Laying Service-Pipe.—In removing macadamiz- ing, paving, bowldering, and sidewalk paving, and opening trenches for in- serting ferrules, laying service-pipe, and making repairs or extensions, the stone, bowlders, brick, sand, gravel, and earth, or whatever other road metal or street and sidewalk structure may have to be penetrated or passed, must be removed and replaced in a thoroughly workmanlike manner; depositing the excavating material in such manner on the streets, alleys, and sidewalks as to obstruct them as little as possible, and admit of its being replaced in af WATER. directors may fill vacancies in their own board, and ap- pointa president from among the stockholders or directors, and such other officers and agents as may be required to conduct the business of the corporation. The directors shall hold their office until their successors are elected, and a majority of them shall constitute a quorum. At — precisely the same relation in which it was found, leaving the street, alley, or sidewalk in perfect repair, and keep it so for one pear from the date of such work. Notrench or hole in any street, alley, or sidewalk shall on any account be left open during the night. In no case shall service-pipes be laid nearer to house sewer-pipe and connections than five feet in a horizontal direction. Parties who lay their sewer-pipes after the water-pipes have been put in, and place them nearer than five feet from the water-pipes, do so at their own risk, as the Water Company will not be responsible for any damages resulting from such objectionable methods of doing work. &. Water Fixtures on the Premises.—On the premises supplied with water the fixtures, such as hydrants, faucets, wash-basins, sinks, baths, water- closets, urinals, fountains, hose attachments, tanks, e¢c., may be such as will best suit the convenience of the consumer, excepting always those which, in the opinion of the board, are so constructed as to unnecessarily waste water, the use of which is prohibited by the Water Company. 9, Hose Attachments.—Hose attachments connected with service-pipe for sprinkling streets and yards, and for washing sidewalks, walks, steps, win- dows, fronts, etc., shall be placed in the yard wherever convenience and yard room will permit. No hose attachments are allowed upon the sidewalks nor within the limits of the streets. No permits will be granted for hose attach- ments to be used for street sprinkling alone, but only in connection with the ordinary supplies for domestic and manufacturing purposes will hand-hose street sprinkling be permitted. All premises having hose attachments for street sprinkling only will be assessed at the established rates for all purposes for which water can be made available on the premises from the street sprink- ler or hose attachment. 10, Meters.— Water meters will be attached to service-pipes or water sup- plies in all cases where, in the opinion of the board of directors, it is best to do so. The meters will in all cases be owned by the Water Company, and will be attached and kept in repair by and at the expense of the Company. In furnishing water through meters, and charging for said water in quantities as indicated by meters, 1t,1s not claimed that the indicated quantities thus charged for are absolutely correct, but simply the closest approximation to absolute accuracy which the best meters will enable—close enough for legiti- mate business, and much nearer accuracy than by calculation from any avail- able data. If any meter breaks down, or if the counter-gear of any meter is found out of order or broken, and not to have indicated the quantity of water usually consumed per quarter, then, provided the parties using the water passing through such disabled meter have done the same business as during corresponding previous quarters, they shall have rendered and must pay a bill for the water consumed during such quarter or length of time 841 842 la Section 4. WATER. all elections the stockholders may vote in person or by proxy authorized in writing, and each share shall be en- titled to one vote. 4. The said corporation may purchase, take, and hold in fee simple, or for any less estate, any lands necessary for the objects of this act, and for the convenient manage- as the meter was inoperative or did not record the water used, which bill shall be equal in the amount to the bills for corresponding previous quarters- Whenever the consumption of water is a smaller quantity than will amount at the regular rates to twenty-five dollars per quarter, or one hundred dollars per annum, meter rent at the rate of ten per cent. per annum upon the cost of the meter will be charged in addition to the water consumed for each quarter in which it amounts to less than that sum. 11. Branch Service—Applicants desiring to supply more than one house from an attachment will be permitted to have either a ferrule of larger diam- eter, or more than one, so as to equalize the water supply as nearly as pos- sible; but there shall be one principal stop-cock on the sidewalk which shall control the whole supply, and as many auxiliary stops as there are dwellings or premises supplied with water from the attachment, all placed outside of the premises in such a manner as to be at all times accessible to the Water Company. In premises thus supplied with water the occupants are jointly and severally liable for the payment of the water rent for all the premises occupied; the failure on the part of the occupants of any one of them to com- ply with the rules of the Water Company may cause the water rent to be refunded and the water to be shut off by the Company at the principal stop- cock, and the supply to be all discontinued until the rules are complied with 12. Hydraulic Elevators or Power Supplies—Attachments and pipes for supplying elevators or motors of any kind with water will be put in of such dimensions as may be required—not to exceed four inches in diameter. The Water Company does not, however, recommend the use of water for power purposes, for the reason that the available head or pressure from the distribut- ing pipes is small and variable. All risks attending the introduction of such large water supplies into cellars, basements, or premises must be taken by the applicants for or the users of such apparatus. Al] such supplies are to be used for hoisting or power purposes alone, and no water from them will be permitted to be used for any other purpose. Each elevator must be fitted at the cost of the owner with a counter for recording or indicating the quan- tity of water used. The counters must be of such design and construction as will be approved by the Water Company. Meters will be put on such ele- ‘vator or power services as the Water Company may elect. The valves, pis- ton and plunger packings, counters, ete., must be kept in perfect repair by the parties using the same, so as not to waste water. Each elevator or power supply-pipe must be provided by and at the expense of the owner inside the premises which it enters, with a reliable stop-cock, by means of which the occupants can effectually control the water in case of accident to pipes or ele- yators. If the cylinders, pulleys, e¢e., of any elevator are closeted or boxed WATER. ment of the concerns of the corporation, and may acquire the right to lay their pipes and aqueducts through any land through which it may be necessary to lay the same, and to repair the same when necessary, and may erect and establish such buildings, engines, machinery, and reser- voirs as may be required for the purposes aforesaid. If up to avoid unsightliness or to guard against accident, the closets or boxes must be fitted with hinged or sliding doors, to enable the reading of counters and inspection of leaks. 13. Fire Protection or Stand Pipes——Attachments for this purpose will be put in from one to four inches in diameter. Parties desiring such services will be granted them under a covenant with the Water Company, binding themselves under a penal sum of money, to an amount the Company may re- quire, not to use the water from such attachments for any purpose except for preventing or extinguishing fires. 14. Extensions and Alterations.—For any extension or alteration in any of the water fixtures of any consumer written permits from the secretary or water purveyor must invariably be obtained by the plumber engaged to do the work before any such alteration-or extension can be made. Any con- sumer desiring an extension for the purpose of supplying neighboring premises with water will receive permission to do so on condition that he will become responsible for the payment of the water rent for all premises so supplied as long as the extensions are available for supplying anybody with water. 15, Extra Supplies—Applicants desiring attachments of larger diameter than prescribed by the rules of the Water Company, for the purpose of con- trolling a large quantity of water in a short space of time, and thereby en- joy or possess water privileges not granted to the majority of consumers, will only be granted permits for such attachments on condition that the assessments, after being made according to the regular rates, shall be in- creased by a percentage equal to one third the percentage in which the capacity of the extra large attachments exceed the capacity of the pre- scribed attachment. Consumers requiring large supplies of water for manufacturing purposes, and who at the same time require, from their extra large attachments, water for ordinary domestic purposes, shall reduce the branches for the latter purposes down to the established sizes, or else be subject to the payment of an increased water rent, as above stipulated. 16. Locations of Hydrants, ete—Hydrants, hose attachments, goose necks, faucets, or any other device which the consumer may adopt for obtaining water from the service-pipes, shall not be located in such a manner as to afford parties occupying neighboring premises or the public ready access to them, unless all parties having access to such devices for drawing water have their premises assessed and pay for supplying the same with water. 17. Carts for Sprinkling Streets Attachments to supply street-sprinkling carts will be made by the Water Company, in such number, capacity, and localities as will best accommodate the public. All persons desiring to sprinkle streets from carts supplied with water from the Water-works must first ob- 843 844 WATER. the proprietors of any lands which said corporation may need for any of the purposes aforesaid, or the right of way through which the corporation may require for lay- ing its pipes and aqueducts, do not agree with the Com- pany the price to be paid therefor, the Company may acquire such land or right of way by a writ of ad quod tain license from the Louisville Water Company for each and every cart used for this purpose; as well as give bond, with approved security, in the sum of three hundred ($300) dollars, guaranteeing that water from licensed carts shall not be used for any other than street-sprinkling purposes, and in compliance with the ordinances of The City in relation thereto. The license granted for each cart shall be for sprinkling a specified number of squares, naming the said squares in the license; and each license cart, on both sides about midway of the cask, shall have painted, with white paint, the name of the owner, and underneath it the word “ Licensed,” with the number (in Arabic numerals) of the license; both the letters and figures to be suf- ficiently conspicuous to be legible from the distance of sixty feet. The City is divided into four districts. No. 1 lies east of the east line of Third Street, and north of the north lines of Chestnut Street, Garden Street, and Bardstown Pike. No. 2 lies east of the east line of Third Street, and south of the north lines of Chestnut Street, Garden Street, and Bardstown Pike. No. 3 lies west of the east line of Third Street, and south of the north line of Chestnut Street. No. 4 lies west of the east line of Third Street, and north of the north line of Chestnut Street. The streets in the several districts, or such squares thereof as the residents may desire sprinkled, are to be given to such parties, from the number of applicants, as the directors of the Louisville Water Com- pany may select, and for one season only. All parties desirsing to sprinkle streets must make application in writing to the directors of the Louisville Water Company, stating in said application what streets they desire license for, how many and what squares they will sprinkle, and give the names of their bondsmen. Parties desiring to sprinkle streets must obtain their sprinkling subscription-books from the Water Company, which books contain the rules relating to sprinkling, and which, if signed by the president of the Water Company, and in the hands of the parties soliciting subscriptions for sprink- ling, shall be evidence that such parties are duly licensed by the Water Company. Any parties soliciting subscriptions without conforming to this regulation do so upon their own responsibility, and will thereafter not be licensed by the Water Company. The parties licensed by the Water Com- pany to sprinkle streets will be held strictly responsible for the conduct of their drivers in all things relating to the use and waste of water. They are not permitted to haul water taken from the Water Company’s pipes anywhere, except upon such squares and streets for which they have obtained license. They are not permitted to use water in wasteful quantities, but only sufficient to lay the dust, without making muddy streets, or making them wet enough at any one time or transit of the cart to last or keep the dust down for an un- reasonable length of time. What constitutes an unreasonable length of time will in all cases be determined by the Louisville Water Company. The WATER. damnum in the same manner that turnpike road compa- nies are authorized to do by the one hundred and third Chapter of the Revised Statutes, which took effect on the first of July, 1852. 9. ‘The corporation is hereby authorized and empowered to take water from the Ohio River or any other stream or height of the spray-tubes above the streets, and the size of the perforations in the spray-tubes attached to the casks or vessels containing the water will be regulated by the Water Company. The sprinkling season is estimated to last during eight months of the year, viz.: April, May, June, July, August, September, October, and portions of March and November. Theseason is sub- divided into three periods, to wit: Spring, Summer, and Fall. The Spring period commences with the beginning of dusty weather, and ends on the fif- teenth dayof May; the Summer period commences the sixteenth day of May, and ends the fifteenth day of September; and the Fall period commences the sixteenth day of September, and ends when sprinkling is no longer required for the season. The water rent for the whole season is one dollar and fifty cents per one hundred square yards, but this amount is apportioned to the different periods as follows, viz.: For the Spring period, twenty-five (25) cents; for the Summer period, one ($1) dollar, and for the Fall period; twenty-five (25) cents per one hundred square yards. This water rent in all cases to be paid in advance, in the first week of each of the respective periods of the sea- son. Any party obtaining license, and who or whose employe violates any of these rules, is subject to such fines as the Water Company may impose, as well as forfeit his license. The Water Company will, at its option, attach meters to any sprinkler supply now in use or to be brought into use here- after. 18, Fountains.—Permits for fountains will be issued semi-annually. Each such permit must specify the number of hours (and which out of the twenty- four) per day the fountain is permitted to play. The supply-pipes to all fountains out of doors must be provided with stop-cocks under the control of the Water Company. The assessments for out-door fountains shall be made for the length of time the permit is granted, at the expiration of which the water will be turned off, and remain off until another permit is obtained. For out-door fountains the assessments shall be made for the whole year. The assessments will in all cases be made for the full capacity of all the jets and sprays, and the quantity of water discharged in a given time shall be measured at the average pressure during the hours in which the fountain is permitted to play. 19, Boilers.—Steam-boilders taking a supply of water directly from the service-pipe, depending upon the hydraulic and hydrostatic pressure in the pipe system of the Water-works for supplying such boilers under working pressure, or boiler feed-pumps which are connected directly with the service pipe, with no intervening vessel into which to receive the water and from which to pump into the boilers, will do so at the risk of parties making such attachments, as the Water Company will not be responsible for any acci- 845 Id., Section 5. 846 WATER. place, and may lay its pipes or aqueducts under or over any railroad, canal, highway, street, or wharf, but the same shall be done in such a manner as not to obstruct or impede the passage thereon. In laying its pipes or aque- ducts across or through any highway or street, and in-re- pairing such pipes and aqueducts from time to time, said dents or damages to which such devises are frequently subject. House boil- ers for domestic use must in all cases be provided with vacuum valves, to prevent collapsing when the water is shut off from the distributing pipes; and for accidents or damages resulting from the imperfect action of any such valves, from insecure boilers, or from variations in the water-pressure, which may cause fire-backs of cooking-ranges and stoves to be alternately filled with water and steam partly superheated, the Water Company will in no case be responsible. 20, Permits——No person or persons shall lay any service-pipe or do any kind of plumbing work connected with the introduction and supply of water from the Water-works unless he or they first obtain written permits from the said Company for all seperate jobs of plumbing work which he or they may wish to perform. Parties whose business or avocation makes it convenient for them to do their own plumbing work can do so by first ob_ taining from the Water Company a written permit for each and every separate job they wish to perform, the same as a regular plumber. Parties contracting to furnish or put up hydraulic elevators must obtain permits the same as plumbers do before they can attach their elevators to the Water Company’s pipe. 21. License-—Any plumber wishing to do business in connection with the Louisville Water Company shall, before receiving license to do so, file in the office of the said, Company his petition in writing, giving the name of the firm, place of business, and asking to become a licensed plumber in con- nection with the Water-works. The petition must give satisfactory evi- dence that the applicant is a regularly educated plumber; that he is master of his trade, and willing to be governed in all respects by the by-laws, rules» and regulations which are or may be adopted by the board of directors; and every plumber shall not only be subject to and conform to all and singular the rules, regulations, and penalties which now exist or may hereafter be passed by said board of directors, but he shall also enter into a covenant, with one or more sureties to be approved by said board of directors, to indemnify and save harmless the Louisville Water Company of and from all accidents, damages, and losses which said Company may sustain by reason of his fail- ing to comply with all the rules and regulations as are now or may hereafter be established by said Company. 22. Plumbers’ Returns.—Plumbers shall make tull and complete returns of the uses for and to which water is applied under any permit granted. Said return must be made by the plumber doing the,work, within forty- eight hours after the completion of said work, as the water will not be turned on any premises until after said return is made and the work reported to be in accordance with the rules and regulations herein prescribed. WATER. —_——. corporation shall not unnecessarily obstruct such high- way or street; and in every case of the removal of any earth or pavement in any such highway or street, the said corporation shall cause the earth to be replaced and the pavement to be laid new, so that such highway or street shall be in as good condition as the same was before such removal. 23. Re-issues—No plumber or other person shall make any attachment to any old pipe or water fixtures in premises from which the water has been shut off and the supply discontinued without the party desiring such work to be done having first made application and obtained a re-issue and permit for the same. Nor shall any plumber or other person make any alter- ation in any pipe or water fixture attached to the Water-works distributing pipes, to conduct water into adjoining premises, or into stables, baths, water- closets, wash-basins, cisterns, fountains, or for any other purposes whatever, without application having been first made and a written permit obtained from the Water Company for each and every separate job of such modifica- tions in the water fixtures; and in no case shall any plumber, after the com- pletion and trial of any job of plumbing work—be it the first introduction of service pipe, an extension, or a repair—leave the water on the premises, but shall in all cases close the stop-cock on the sidewalk and return his permit. 24. Assessments and Payments.—After the plumbing work is finished, re- turns made and found to agree with the survey of the water purveyor or hydrant inspector, the assessments shall be made according to the established rates, in each case for the period ot one year, and payments made in advance for the time intervening between the date of turning on the water and the date of the next semi-annual prepayments of water rents. The water rents must in all cases be paid in advance, and by the regular consumers for six months in advance. The water rents of consumers in the Eastern District must be paid during the first ten days of January and July, and of consum- ers in the Western District during the first ten days of April and October of each year. All payments are to be made at the Water Company’s office. Parties who use water during the summer months and not during the winter, in either the Eastern or Western District, will be charged full rates for sprinkling privileges, for the reason that the sprinkling rates are for the sea- son and not forthe year. Water consumers by meters or hydraulic elevators shall pay their bills at the end of every three months, or at such time as may be agreed upon. All such consumers may be required, at the option of the Company, to make, as security for the payment of the water con- sumed, a deposit in money to an amount equal to their maximum quarterly bills. Such deposits shall not be transferrable, and shall bear interest at the rate of nine per cent. per annum for such length of time as they are in ad- vance of water bills due and rendered. When all bills are paid and the water supply discontinued, these deposits, with the interest, will be retunded by the Company. 25. Privileges of Water Consumers.— Water consumers are not guaranteed 847 848 WATER. Id. Section 6. 6, Inthe laying and construction of the pipes and aque- ducts in The City of Louisville, the same shall be so laid and constructed that an abundant supply of water can be drawn therefrom for the extinguishment of fires; and said corporation shall furnish water to The City of Louisville for the extinguishment of fires and cleaning streets, upon a specific quantity (except where meters are used) of water for any purpose whatever, but simply an ample quantity for the purposes named in the per- mit; and all other uses the water is applied to is in direct violation of the agreement made between the Water Company and the consumer at the time of granting the permit, and therefore subject to all reasonable penalties which the Water Company may see proper to impose. The Water Company does not guarantee an uninterrupted supply of water for any purpose, but a sup- ply as free from interruptions as is practicable with the current repairs, altera- tions, additions, and accidents attending a public water supply. 26. Filling Cisterns.—Parties having cisterns on their premises may fill them with water from the Water-works, provided that their premises are assessed and they pay for supplying the same with water, and obtain a written permit from the Water Company for each and every time the cisterns are to be filled. Where cisterns are so situated as to be accessible to parties occupying neighboring premises no permit will be granted for filling them with water unless all premises so situated shall have been assessed, and the owners or occupants thereof pay for the use of the water. 27. Use of Hand Hose.—The use of hand hose for sprinkling streets, yards, and gardens; washing sidewalks, walks, steps, windows, and fronts, is not permitted between the hours of 9 A.M., and 4 P.M. in each day. Before and after the hours named the use of the hand hose is permitted, but water is not to be used in needless or wasteful quantities. The use of hand hose in case of fire is at all times permitted, and may be used by any one gaining access thereto. The use of hand hose for washing locomotives, cars, coaches, or vehicles of any description, or for any purpose in which the momentum of the water discharged from the hose nozzle is alone depended upon for pro- ducing the requisite friction to effect washing, is strictly prohibited, unless special permits shall have been granted, and extra water rents paid for all such wasteful uses of water. The use of hand hose for washing streets and gutters and thawing snow or ice is prohibited. The use of hand hose for sprinkling streets, yards, and gardens, washing sidewalks, walks, steps, win- dows, and fronts, without hose nozzle or with hose nozzle larger than one quarter (+) of an inch in diameter, is prohibited. Leaky hose attachments, converting hose into jets for amusement by either adults or children, suffer- ing hose to run when not in use, are all strictly prohibited. Adjusting hose upon temporary, portable, or fixed supports, or devices of any kind, so as to sprinkle automatically, or for the purpose of cooling walls, atmosphere, etc., will be regarded as fountains, and be charged, in addition to the ordinary rates, such amounts as the Water Company may deem sufficient for all such extravagant use of water. 28. Repairs.—Al]] consumers or subscribers entitled to the use of water WATER. such terms as may be agreed between it and the authori- ties of said City ; and it shall have the exclusive right to furnish water to the inhabitants of said City by means of pipes or aqueducts, if the authorities of said City shall agree thereto, and upon such terms and for such time as may be agreed. 7. The said corporation is hereby empowered to sell the privilege of using the water which may be conducted through its pipes or aqueducts to any corporation or per- / shall keep their own service-pipe, stop-cocks, and other apparatus in good re- pair, and shall prevent all unnecessary waste of water. 29. Constant Flow of Water—Watering troughs in livery-stables, stock- yards, slaughter-houses, e¢c., will not be permitted to receive a constant flow of water, but only in such quantities as will supply the actual wants of the stock having access thereto. Neither will continuous streams of water be permitted to flow from hydrants, faucets, draws, water-closets, urinals, or any other apparatus connected with the service-pipe, either for want of proper repair or for protection against frost. In cases where water is discharged into tanks, and the buildings thence supplied, the tanks must be kept perfectly water-tight, and the supply-pipes to the same be provided with ball-cocks, which must always be kept in working order. 30, Consumers’ Penalties—If any party shall refuse or neglect to pay the water rent within ten days after it is due the water will be turned off, and not turned on again until all back rents are paid. Any consumer or subscriber violating, or permitting violations from his attachment, any of the Water Company’s rules and regulations governing the introduction, supply, and consumption of water, will be notified thereof in writing left on the prem- ises; and if he then fails to appear promptly and pay the fine, the water will be shut off, and a double fine imposed, which, in addition to all expenses at- tending the shutting off, will have to be paid before the water is again turned on the premises, as well as give satisfactory assurances that future abuses will not be permitted. In cases of persistent violations and disregard of the Water Company’s rules, the service attachment or ferrule will be withdrawn from the distributing pipe and the supply wholly discontinued. Fines for violations of rules to be imposed and collected in sums varying from two to twenty dollars, according to the nature of the violations. 31. Plumbers’ Penalties—Any plumber violating any of the Water Com- pany’s rules and regulations governing the introduction, supply, and con- sumption of water, or who shall, either voluntarily or at the request of any consumer or subscriber, introduce auy pipe, hydrant, bath, water-closet, uri- nal, or any other device or fixture which is prohibited by the Water Com- pany, shall forfeit his license and not have it renewed, nor be allowed to do busi- ness, either for himself or for other plumbers, in connection with the Water- works, until after the expiration of thirty days, and the payment of a fine (not to exceed one hundred dollars) such as the Water Company may see proper to impose. 54 849 Id., Section 7. 850 Id., Section 8. Id., Section 10. Id., Section 11. WATER. son, and the said corporation may make all reasonable rules and regulations as to the manner and the times in which said water may be taken and used. 8. The City of Louisville may at any time purchase of the said corporation its franchise and all its personal and real property, by paying therefor such a sum as, together with its receipts, will reimburse the whole amount expended, with an annual interest of ten per cent.; and from and after the execution of the convey- ance the said City of Louisville shall have all the right and be subject to all the duties in this act expressed as to said corporation. | 9. This act shall be void if the City authorities of Louisville shall provide by ordinance for the construction of said Water-works as authorized by an act approved the twenty-fourth day of March, 1851, entitled, ‘‘An act to charter The City of Louisville,’? and such ordinance shall be approved by a majority of the qualified voters of said City, voting for or against the same on or before the first Monday in July, 1854, and said Council shall, with- in four months thereafter, provide to carry such ordi- nance into effect, by contracting or causing contracts to be made for the said works; and said votes may ‘be taken on such day as the said Council may designate by resolution; but such ordinance and resolution shall be published in at least two newspapers printed in Louis- ville at least ten days before the voting; and The City may raise the money necessary to the construction of said Water-works by issuing and selling her bonds, having thirty years to run, and secured by a pledge of the water-rents. 10. The price of water furnished by said Company to 2. Enforcement of Rules—These rules and regulations shall be strictly and impartially enforced by such officers or agents as the board of directors may appoint; the said officers or agents shall have unrestricted access, at proper hours in the day, to all premises supplied with water from the Water- works, for making assessments, reassessments, and such other examination and inspection as may from time to time be deemed necessary. WATER. The City of Louisville shall not exceed the average price charged in the cities of Pittsburg, Cincinnati, and St. Louis; and the Company hereby incorporated shall com- plete said Water-works in three years from the date hereof; otherwise this charter shall be forfeited. 11. If a majority of the votes cast upon the ordinance establishing Water-works in The City of Louisville shall be in favor thereof, the said City may issue her bonds for a sufficient amount to cover the cost of such works, and the said works shall stand pledged to secure the payment of the bonds, and the net proceeds of the water rents shall constitute a fund to pay the principal and interest thereof, and shall be devoted to that purpose, and shall be deemed a sufficient provision for said payment; and the General Council may also make the interest a charge upon the Sinking Fund. 12. For the purpose of paying the expense of conduct- ing and managing the Water-works, and paying for the water used for public purposes, and the water board may assess and collect, from time to time, a water rent of suffi- cient amount, in such manner as they may deem most equitable, upon all the lands and tenements adjoining or bounded upon any street, alley, square, block, public ground, or premises through which the water pipe may be laid, such assessment to have the force of the City tax. 13. No tax or water rent shall be levied or assessed for the purpose of paying for the use of the water for public purposes, or for paying the expense of conducting and managing the works, except upon the lands and tene- ments.in the water district. 14. The said City shall have the right to purchase and hold the necessary site for said works, and the right of way, and may appropriate or procure the condemnation of real or personal estate for that purpose within or with- out the City limits: Provided, that in no case shall pri- vate property be taken without the written consent of the owner, or unless the compensation therefor shall be An act to facilitate the erection of Water-works in The City of Louisville. Approv’d Mar. 10, 1854. Sec- tion 1. Id., Section 2. Id., Section 3. Id., Section 4 852 WATER. An act to amend an act incorporating the Louisville Water-works Company. Ap- proved March 3, 1856. Sec. 1. Id., Sections 2 and 8. An act to further amend and renew an act incorporat- ing the Louis- ville Water- works Com- Dany sen p- proved Jan. 20, 1860. Sec. 1. Id., Section 2. Id., Section 3. first fixed by a jury impanneled for that purpose, by the order of the City Court of Louisville, and the compensa- tion so fixed shall be first paid to the owners. 15. An act entitled ‘‘ An act to incorporate the Louis- ville Water-works Company,’’ approved March 6, 1854, be and the same is hereby amended so that no one who is not a citizen of Kentucky shall be qualified to hold the office of director or president in said Company. 16. That the time fixed for the completion of said Water- works mentioned in Section 11 of the act of incorporation aforesaid, be and the same is hereby extended to the first day of January, 1859. So much of said act of incorpora- tion as is inconsistent with the provisions of this act be, and the same is hereby repealed ; and that this act shall take effect from and after its passage. 17. ‘‘An act to incorporate the Louisville Water-works Company,’ approved March 6, 1854, be and the same is hereby renewed and amended so as to allow said Company such other and further time as said Company may require to complete said works, and make all extensions that the future growth of The City of Louisville may from time to time render necessary. 18. The term for which directors hereafter shall hold office shall be three years. Any citizen of Louisville, who is qualified to hold a seat in the General Council, shall be eligible as a director or as president in said Company, whether he be a stockholder or not. : 19. The next annual election for directors shall be held the first Monday in October, 1860, when six directors shall be elected, two of whom shall hold office for one year, two _ for two years, and two for three years, the respective terms to be determined by lot; and thereafter there shall be two directors elected annually. Any vacancy which may occur by death, resignation, removal, or otherwise, shall be filled by the board; and the person thus appointed shall hold his place for the unexpired term of the one in whose stead he is elected. If at any time an election of WATER. 853 directors shall not take place on the day appointed by this act, the corporation shall not for that cause be dis- solved, but an election may be held on another day, in such manner as may be prescribed by the directors or pro- vided for by the by-laws of the Company. 20. Said Company may establish rules and regulations for and concerning the conduct of all such persons or cor- porations as shall use the water from said works, so far as respects the preservation and use, and restraining the waste thereof; and may thereby impose penalties and for- feitures for any violation of said rules and regulations, so that such penalties and forfeitures shall not in any case exceed twenty dollars ; which penalties may be recovered with costs, in the name of the Company, before any jus- tice of the peace in the County of Jefferson or City of Louisville. Said rules and regulations shall be published four weeks successively in three of the daily newspapers published in The City of Louisville; and a copy of said rules and regulations, certified by the president or secre- tary of said Company, with an affidavit of the publication of the same made by one of the publishers of said papers, or by the foreman in their offices, shall be received as evi- dence in all courts and places. 21. If any person shall willfully and maliciously defile, corrupt, or make impure any water used by said corpora- tion, or destroy or injure any pipe, aqueduct, reservoir, fountain, building, or machinery belonging to said Com- pany, such person shall be lable in civil action to said Company for treble the amount of damages caused there- by, to be recovered in the name of the Company before any court having jurisdiction of the amount claimed; and the party so offending shall also be liable to a criminal proceeding, by way of indictment in the Jefferson Circuit Court, and subjected to fine of not exceeding one thou- sand dollars, or to imprisonment in the Workhouse of The City of Louisville for not exceeding one year. If any person shall in any wise injure any of the improvements, fencing, grounds, shrubbery, trees, grass, walks, or drives Id., Section 4. Id., Sections 5 and 6. 854 Id., Section 7, Id., Section 8. An act to amend the charter of the Louisville Wa- ter Company. Approved Feb. 28, 1867. Sec- tion 1. Id., Section 2. WATER. upon the lands of said Company, such person shall be liable to said Company in treble the amount of damage caused thereby, to be recovered. in the name of the Com- pany before any court having jurisdiction of the amount claimed. 22. Said Company is authorized to appoint one or more persons to supervise and take charge of the reservoir and engine-house grounds, who, by virtue of said appoint- ment, shall be vested with all the powers of a policeman of The City Louisville, to preserve order and arrest all trespassers and offenders against the provisions of this act, the original, and such rules and regulations as may be passed and established by said Company. 23. The General Council of The City of Louisville are hereby vested with power and authority to pass such ordi- nances as to them shall seem meet and proper to afford any further additional protection to said works, either in or out of the corporate limits of The City of Louisville: Provided, said ordinances are not inconsistent with the . constitution or laws of this State. So much of the act entitled ‘‘An act to charter the Louisville Water-works Company,’ approved March 6, 1854, and so much of an act entitled ‘‘An act to amend an act incorporating the Louisville Water-works Company,’’ approved March 8, 1856, as is inconsistent with the provisions of this act is hereby repealed. This act shall take effect from its pas- sage. 24, The act incorporating the Louisville Water Com- pany, and the act amendatory thereof, be, and the same are hereby amended so as to increase the capital stock of said Company fifteen thousand shares, in addition to the stock now authorized to be subscribed. 25. The directors of said Company shall not receive subscriptions for said additional stock, or any part thereof, until the General Council of The City of Louis ville shall have given their consent to the same, by ordi WATER. 855 nance or resolution, on such terms and conditions as the General Council shall prescribe. 26. The said City of Louisville, in its corporate ca- pacity, shall have, and is hereby invested with right and power to take and subscribe for said stock, or any part thereof, by ordinance or resolution of the General Coun- cil, and to pay for the stock on such terms as the direc- tors of said Company and The City may agree. The said City shall have authority, and power is hereby granted, by ordinance or resolution of the General Coun- cil, to issue and sell the bonds of said City, payable in not less than twenty nor more than thirty years from their date, in denominations of one thousand dollars each, with coupons attached thereto, payable semi-an- nually, bearing interest of not less than six nor more than seven and three tenths per cent. per annum; which bonds, when so issued, may be paid and delivered to said Louisville Water Company in payment of any stock thus subscribed by said City. » 27. It shall be lawful for said Louisville Water Com- pany to issue the bonds of said Company in denomina- tions of one thousand dollars each, payable in not less than twenty nor more than thirty years, with coupons attached thereto, bearing interest of not less than six nor more than seven and three tenths per cent. per annum, payable semi-annually, and may execute a mortgage on the property and income of said Company for the pay- ment of the same. That this act shall take effect and be in full furce from and after its passage. 28. The Water-works, as an institution of The City, shall remain as now established by law; but the General Council shall not take further stock in the Company without an ordinance first passed for that purpose, de- claring therein the amount to be taken, how to be paid, and the tax necessary to be levied on the water district to meet the same as now required by law to be levied ; and cause such ordinance to be submitted to the quali- Id., Section 3. Id., Section 4. An act estab- lishing a new charter for The City of Louis- ville. Ap- proved Mar. 3, 1870. See. 98. ee) Or ep) An act to amend the charter of The City of Louis- ville; passed in February,1872. Sec. 11. An act for the benefit of the Louisville Water Com- pany. Approv- ed March 20, 1880. Sec. 1. Id., Section 2. WATER. fied voters of said City for approval or rejection, at a gen- eral election, or special one appointed for that purpose, to be provided in said ordinance, after ten days’ public notice through all the daily newspapers published in said City. But no tax or water rent shall be levied or assessed for the purpose of paying for the use of water for public purposes, or for paying the expense of conducting and managing the works, except upon the lands and tene- ments in the water district. 29. For the purpose of enabling the Water Company to extend its mains to Portland and other portions of The City, the General Council of said City is authorized to give or loan the bonds of said City to the amount of one hundred and fifty thousand dollars to said Water Com- pany. The bonds so provided shall be made payable not exceeding thirty years from date, and at such place as shall be designated in the ordinance authorizing their issue, not to bear interest more than the rate of seven per cent. per annum, payable semi-annually, for the payment of which interest coupons may be attached to said bonds. The said bonds shall be signed by the Mayor, under the corporate seal, and countersigned by the Auditor. The Auditor shall also sign the coupons thereto attached. 30. All rules and regulations that may be adopted by the Louisville Water Company for the use of water by all persons or corporations shall be published three times in two daily papers (one English and one German), pub- lished in The City of Louisville, and a copy of said rules and regulations, and all amendments made thereto, and likewise published or certified to by the president or secretary of said Company, with an affidavit of the pub- lication of the same made by one of the publishers of said papers, shall be received as evidence in all courts having jurisdiction. 31. All special rules and regulations that may be adopted by said Company for the private or public use of water by any person or persons, firm or corporation, WATER. 857 and recorded in the minutes or proceedings of the board of directors of said Company, shall be received as evi- dence in all courts having jurisdiction. 32. Any person or persons, firm or corporation, using or taking water from any public or private hydrant or service connection of the Louisville Water Company, or any service connected with said Company’s pipes, with- out first obtaining a license or permit therefor from said Company, shall be fined not less than five or more than twenty dollars for each offense, and a reasonable charge in addition thereto for the use of water as per the tariff of rates established by said Company ; said fine or fines and the charge for water to be recoverable in the name of Louisville Water Company in any court of competent jurisdiction ; and said fine or fines, when collected, shall be paid into the City Treasury, and the amount recovered for use of the water to go to said Company. 33. Said Louisville Water Company is hereby vested with power to appoint one or more persons to be in charge of its premises, warerooms, pipe-yard, service attach- ments, and hydrants for water supply for private or pub- lic use in The City of Louisville, and for the grounds, reservoirs, engine-houses, roads, avenues, and fences in the County of Jefferson, who, by virtue of their several appointments, shall be vested with all the power of a policeman of The City of Louisville or County of Jeffer- son to preserve order and arrest all offenders against the provisions of this act and all other acts of the legislature of the State for the benefit of said Company, and also such rules and regulations as may be adopted by the board of directors of said Company. | 34. Said Louisville Water Company shall have power to borrow money not to exceed at any one time in the aggregate sum of one hundred and twenty-five thousand dollars, as the necessities or interests of the Company may require, and the amount so borrowed shall be paid out of the surplus earnings of the Company. Id., Section 3. Id., Section 4. ia., Section 5, 858 WATER. Id., Sections 6 and 7. An act to amend the charter of the Louisville Wa- ter Company. Approv’d Apr. 22, 1882. Sec- tion 1. Id., Section 2. 30. The taxes paid by said Louisville Water Company for State and City purposes, shall be in lieu of all other taxes of whatsoever kind or character, county or special. This act shall take effect from and after its passage. 36. It shall be the duty of the Louisville Water Com- pany to furnish water to the public fire-cisterns and pub- lic fire-plugs, or hydrants, of The City of Louisville for fire protection, free of charge. 37, The Sinking Fund of The City of Louisville being the owner of the stock of the Louisville Water Company, and said Water Company, by virtue thereof, is the prop- erty of The City of Louisville, therefore the Louisville Water Company is hereby exempted from the payment of taxes of all kinds, of whatsoever character, state, mu- nicipal, and special. This act shall take effect from and after its passage. kes See BOUNDARY AND SUBDIVISION—CISTERNS, WELLS, AND Hy- DRANTS—ENGINEER—FINANCE—FINES AND MISDEMEANORS-——_FIRE—GEN- ERAL CouNCIL—PUBLIC WAYS. 2The property of a water company necessary for its use, like a turnpike or railroad, can not be seized or sold by a collecting officer, and the Chan- ecellor having been appealed to for relief, should require the company to pay the taxes into court; and, upon its failure to do so, place the management of the corporation in the hands of a receiver until the tax be paid unless it ap- pear that the land owned by the company is not -necessary to its operations, and in that event the Chancellor should direct the Sheriff to sell it—Lov. Water Co. v. Hamilton, Court of Appeals, December 20, 1883. Unreported. GUE A PD Bre Pal: WHARVES AND HARBORS. GON EEN TS: 1. The City is expressly given the power to acquire and improve lands for wharves. 2. The vote in the Council on the ordinance authorizing the purchase to be recorded. 3. The Council may issue bonds to raise the purchase money. 4. The execution, counter-signing and recording of the bonds. 5. The ordinance need not be sub- mitted to the people. 6. The expenses of acquiring and improving the wharf may be charged either on the general revenues of The City or to the Sinking Fund. 7. The City may acquire the fee of Beargrass Creek and may cause the creek to be filled up or improved in appropriate manner. 8. Additional wharf-and-harbor bonds authorized to be issued. 9. Disposition of the proceeds of the bonds. 10. Revenues arising to go to the Sinking Fund. 11. The issue of the bonds to be as directed by the Council. 12. Approval of the contract of purchase. 13. A lien for the payment of the principal of the bonds. 14. The semi-annual interest. 15. The estate of John Rowan’s heirs and divisees in the wharf be- tween Second and Ninth streets au- thorized to be purchased. 16. Bonds authorized for payment thereof. 17. Description of the several pieces of land and nomination of the price per foot to be paid for the same. 18. Additional bonds authorized. 19. Authority tosell bonds at eighty cents if necessary. 20. The Mayor authorized to pur- chase for The City, at stated prices, various tracts of land for wharf pur- poses. 21. Condemnation may be resorted to. 22. Wharfage, rents, and income. 3. The Wharfmaster; office, and deputies. 24. General duties. 25. Duty in respect to mooring or unmooring. 26. A wharfage register to be kept. 27. Financialaccounts ofthe wharf- master, 28. The wharf boats. 29. Term of office ot the wharf- master. gang-ways of private 30. Compensation of the wharf- master and his deputies. 31. The election of falls pilots au- thorized. 32. Compensation. 33. Improvement of the wharf at Clay Street authorized and means of paying for the same provided. 34. Power of the General Council to cause the making of levees. 35. Schedule of the rates of wharf- age. 860 WHARVES AND HARBORS. An act for the benefit of The City of Louisville. Approv’d June 3, 1865. tion 1. Sec- 36. Unfinished steamboats and steamboats undergoing repairs ex- empted from paying wharfage. 37. The designation of landing- places for certain boats. 38. The landing of steamboats, barges, flatboats, and keelboats regu- lated. 39. Keelboats, barges, and flatboats subject to displacement. 40. Boats at anchor; the harbor. 41. Failure to pay wharfage and penalty therefor. 42. The wharf to. be protected and kept cleared of obstructions. 43. Sunken boats in the harbor; their raising and removal of their cargo. 44. The landing of rafts of logs and lumber restricted. 45. Boats with infectious or conta- gious disease aboard must obtain a permit before landing, under penalty. 46. Repealer of former ordinances. 1. The General Council of The City of Louisville shall have, and are invested with the power and authority, from time to time, by ordinance, to purchase or lease and improve for the use, benefit, and in the name of said City any additional or other ground within said City, and fronting and near to the Ohio River as shall be con- sidered necessary for wharves, or places for landing of water-crafts of any description, or lumber, or other ar- ticles brought to the said City by water. ! 1The rule of liability for assessing damages for injuries done to vessels at sea is not the rule of liability for injuries to steamboats on the Ohio; the first is governed by admiralty law, the latter by the common law.—Broadwell v. Swigert et al., 7. B. Mon., 39. A vessel approaching a landing on the river, by day or by night, should exercise such care as not to run foul of or injure other vessels which are stationary at such landing, whether there be lights on the stationary vessel or not.—The Blue Wing v. Buckner, 12 B. Mon., 246. The City of Covington, being a proprietor of a wharf and keeping the same for hire, and charging for the landing and anchorage of boats at said wharf, is liable in damages for the loss of a coal-boat at the wharf, occasioned by the want of reasonable care and skill in providing proper fastenings.—Shinkle v. City of Covington, 1 Bush, 617. Riparian proprietors of lots originally fronting on the Ohio River are entitled to the land added thereto by accretion, to be ascertained by extending the original river frontage of the respective lots as nearly as practicable at right-angles with the course of the river to the thread of the stream.— Miller and others v. Hepburn, 8 Bush, 326. A dedication of land, by a proprietor of lands laid out asa town, on a navigable river, to be a common, confers the right on the public authorities of the town to build wharves and charge wharfage.— City of Newport v. Taylor’s Executors, 16 B. Mon., 699. See, as to wharfage privileges, the case of City of Columbus v. Grey, 2 Bush, 476. The slip or wharf being public ground, there is no fee simple title vendible, either by The City itself or the court, as private property appropriable to private use, WHARVES AND HARBORS. 2. The ordinance authorizing or directing the purchase of the ground named in the first Section shall not be valid unless it shall be passed by a majority of the votes of the members-elect in each Board of the General Council, and the yeas and nays taken and recorded in each Board on the record of their proceedings. 3. The said General Council, by a majority of votes of each Board, may, as provided in the second Section, pro- vide by ordinance the necessary funds or money to pay for the ground named in the first Section, by issuing the bonds of The City, payable at such time or times, place or places, and such sums, with or without coupons thereto attached, as shall be named in said ordinance; and shall have power and authority to dispose of said bonds to pay for said ground, or to raise the necessary sums of money to do so, or may cause to be executed the bonds of The City to the vendor or vendors of said land. 4. The said bonds shall be executed by the Mayor, and countersigned or witnessed by the Auditor of said City, and the Auditor shall keep a record of the same in a record book to be provided for that purpose. 3. So much of the City charter, or any amendment thereto, as requires the ordinances herein provided for to be submitted to a vote of the qualified voters of said City, free from subservience to those incidental public services. Such a sale, if valid, might frustrate the enjoyment of eminent and indispensable public rights.—City of Louisville v. Bank of the United States et al., 3 B. Mon., 138. In this case the Court of Appeals construed the deed and contract between The City of Louisville and John Rowan relative to that portion of the City wharf below Beargrass Creek. The litigation between the town of Portland and Rowan’s executors concerning the Portland wharf, is determined in Rowan’s Executors v. The Town of Portland, 8 B. Mon., 232; and in Portland v. Rowan’s Executors, 9 B. Mon., 85, The act of Congresss of August 30, 1852, for appointing Inspectors in certain districts and authorizing them to license engineers and pilots, supersedes any State law on the subject; and a license from such Inspectors is a protection to the holder against any penalty prescribed by a State law for neglecting to obtain a license under its authority. And a license to pilot boats on the Ohio River, between two points, embrac- ing the falls of the Ohio, authorizes the holder to pilot over the falls—Dry- den v. Commonwealth, 16 B. Mon., 598. 861 Id., Section 2. Id., Section 3. Id., Section 4. Id., Section 5. 862 Id., Section 6. (ATP OG bs t.0 authorize the General Coun- cil of The City of Louisville to obtain the title and possession of Beargrass Creek. Ap- proved March 10, 1854. Secs. A Ane: An ordinance to provide the means for the purpose of pur- chasing, repair- ing, and estab- lishing a wharf for The City of Louisville. Ap- proved Aug. 18, 1858. Secs. 1 and 2. WHARVES AND HARBORS. or that comes within the purview of this act, is repealed so far as the provisions of this act are concerned, but not otherwise. 6. The purchase money for ground herein authorized to be purchased, and interest thereon, and the expense or outlays in improving said property for wharfing purposes, may be charged on the general revenues of said City, or the General Council may, by ordinance, make said bonds and interest and costs of improving said ground for wharf- ing purposes a charge on and to be paid out of the Sink- ing Fund of said City. This act shall take effect from its passage. 7. If, in the opinion of a majority of both branches of the General Council of The City of Louisville, that por- tion of Beargrass Creek, which lies within the limits of The City, is a nuisance, or prejudicial to the health of its inhabitants, it shall be lawful for the Council to obtain the title, control, and possession of the ground over which the water of the creek runs, and so much ground on either side thereof as may be necessary for the pur- poses hereinafter stated, in the manner provided by the first Section of the seventh Article of the act to charter The City of Louisville, approved March 24, 1851. And when the title and possession of said ground is thus ob- tained, the General Council may cause said creek to be filled up, or the water thereof to run through culverts ; or improve it in any other manner they may deem most ap- propriate to the health and comfort of the citizens of The City. 8, For the purpose of procuring the means for making the improvements and purchases hereinafter mentioned and provided for, the Mayor of The City is authorized to issue the bonds of The City, in sums of one thousand dol- lars each, to the amount of three ‘hundred thousand dol- lars, bearing interest at the rate of six percent. per an- num, having not more than thirty nor less than twenty years to run; the principal and interest to be payable in WHARVES AND HARBORS. New York or Louisville, as the lender may in the first in- stance elect, the interest to be paid semi-annually. The interest upon the said three hundred thousand dollars shall be paid out of the Sinking Fund. 9. Of tbe money so borrowed, the sum of two hundred thousand dollars shall be used in purchasing and repair- ing grounds for wharf purposes within The City of Louis- ville, and above the old town line. The remaining one hun- dred thousand dolars shall be used in purchasing ground necessary for the construction of a basin or dock and wharf purposes within The City of Louisville, and below Ninth Street, also, for the purpose of grading, repaving, and repairing all that portion of the wharf between Third and Ninth streets, and also for the purpose of regrading, repairing, and repaving Portland Wharf. 10. The revenues arising from the wharf and basin or dock purchased under this ordinance, shall constitute a part of the Sinking Fund revenue. 11. The Mayor shall issue said bonds at the times and for the sums that the General Council shall by joint reso- lution direct. This ordinance shall not take effect until it has been published and approved by the qualified vo- ters of The City of Louisville, as required by the charter. 12. The contract of purchase between The City of Louis- ville and James Thompson, survivor of the firm of C. M. Strader & Co., for the property in The City of Louisville known as Strader & Thompson’s Wharf, at the price of one hundred and seventy-five thousand dollars each, bear- ing date the first day of March, 1854, payable to the order of James Thompson, survivor, with coupons attached, for the semi-annual interest, is hereby approved and con- firmed. 13. To provide for the payment of the principal of said bonds, a lien is directed to be held upon the property purchased as aforesaid ; and after the present debt on the Sinking Fund shall have been discharged, in addition to the value of said property, a sufficient sum in money, 863 Id., Sections 3 and 4. Id., Section 5. Id., Sections 6 and 7. An ordinance to approve and confirm the purchase of the property known as Stra- der & Thomp- son’s wharf and to provide for the payment of the bonds ex- ecuted therefor, and the inter- est thereon. Approv’d Mar. 21, 1855. Sec- tion 1. Id., Section 2. WHARVES AND HARBORS. Id., Section 3.* An ordinance providing for the purchase of certain proper- ty for wharf purposes. Ap- proved Dec. 9, 1867. See. 1. from the net proceeds of the wharves of The City of Louisville, is hereby set apart and appropriated to pay said bonds. 14. To provide for the payment of the semi-annual in- terest upon said bonds, all revenue from property pur- chased as aforesaid is hereby appropriated, and if there should be a deficit, such deficit shall be made up from the gross proceeds of the wharves of The City of Louisville. 15. The Mayor is hereby authorized and directed to purchase, for the use and benefit and in the name of The City of Louisville, and have duly and legally conveyed to said City by deed, with complete warranty, the right, title, interest, and claim of the heirs and devisees of John Rowan, Sr., deceased, being an undivided fourth (The City being the owner of the other three fourths), in and to the wharf, between Second and Ninth streets; also, the right, title, interest, and claim of said heirs and de- visees in and to the strip of wharf of fifty-two and a half feet, more or less at Portland, at or near the foot of Ful- ton Street ; a lien to be retained in the deed for the pay- ment of the purchase money. 16. And upon the purchase of and payment in full for the property aforesaid, the Mayor is hereby authorized and directed to execute and deliver to the proper parties, the bonds of The City of Louisville, payable in thirty years after the date thereof, to the amount of one hun- dred and seventy-five thousand dolars, with coupons attached for the semi-annual interest, at the rate of six per cent. per annum; each bond to be of the denomina- tion of one thousand dolars, and the bonds and coupons to be of the date of the purchase aforesaid, to be counter- signed or witnessed by the Auditor of The City, and to be payable in The City of Louisville, Kentucky, at the office of the Treasurer of said City, said bonds and the interest coupons thereof to be a charge on and paid out of the Sinking Fund of The City: Provided, however, that said ‘purchase shall not be made unless asa part of the terms of WHARVES AND HARBORS. purchase, a clause be contained in the deed aforesaid, re- leasing The City from all claims and causes of action, of every nature and description whatsoever, in favor of said heirs and devisees, which might exist against The City by reason of the manner in which The City has hitherto man- aged, or used, or permitted to be used, the wharf or ap- propriated the rents and profits arising from the same. 17. For wharf purposes the Mayor is also hereby au- thorized and directed to purchase for the use and benefit and in the name of The City of Louisville, and have duly and legally conveyed to said City, by deed, with covenants of general warranty, all that property as hereinafter de- scribed, and at prices not exceeding the amounts herein- after stated, viz.: ee . ° hy acta Y Gay Si pore ae INDEX. ¥ cA” STREET, PAGE. right of way through granted to the Chesapeake, Ohio and Southwestern Railroad Company 563 ABATEMENT OF NUISANCES. See NUISANCES. ABATEMENT OF TAXES. See TAxzs. ACRE-PROPERTY. Sce AssESSMENTS. ACTS, as contained in Elliott’s digest, 2 prior to the City charter, 2 amendatory of the charter, 3 submission to popular vote, 3 how embodied in charter, . 3 convention of delegates may prepare, . 3 conflicting with the charter repealed, ; 4 charter and amendments authorized to be pablished, 4 AGLIONG ALT LAW; . authorized between The City and Jefferson County,........... 174 ADJOURNMENT, Peep eenern | Wounell:.. eras trey aa ee oA De ec To ee BAd ADVERTISING, OFFICIAL, Le Pernone- by Dewenapors-GuLy Glecied, -15.19,9 2 aa lage se ek ew ae 6 aielchat uwo. newspapers: to be elected: 5 kf inies et Ge GE ss. 6 qualifications, 6 rates chargeable, Tee rere Pui es ony ane ast vg oe ke 6 Ral wtir OSE he Tabs, yee. ld clare ee me ete ce ey BS 6 of delinquent-tax list, 6 election of papers to do, : 7 ‘silks WPPREWAG Mg eon, Asta be Bg ccc) Cole are mn Se a Se ako cea oY affidavit to accompany bill, . ; x Oiew ater Companys rules and regulations, po. ey. FS wes ot 856 AFFIRMATION, by City officers, instead of oath,. . 2... . mas abe ed eer 46-F Dyeidernen as Members Of.8 COUT, 01-8 18. son a 3 har nira ya! ALARMS, FIRE, fine for intentionally creating false, ..... Ba cares Ue meee ea trea ahd See FIRE ee a MENT. ALDERMEN. See Boarp or ALDERMEN. ALEHOUSES. See CorrerE-HOUSES. ALIENS, conditional registration of, ......,. wala cht) ce Abie ate a, BS 7 SEc. 38 aOonrw kk -» SB ow bd 11 or) NO ee oo —) ~] 918 Aree INDEX. ALMSHOUSE, controlled and managed by the Charity Commissioners, children in may be apprenticed, . reports of Superintendent, bonds to-build, suthonizeds le een eee ALLEYS. See Pusiic Ways. AMENDMENTS TO CHARTER. See Acts. AMENDMENTS TO ORDINANCES. See ORDINANCES. AMOTION, ; by the Board of Aldermen as a court, ANIMALS, unhealthy or unsound, shall not be sold for slaughtering purposes, unhealthy or unsound, shall not be bought for slaughtering purposes, shall not be slaughtered, dressed, nor hung in a public way or place, shall not be slaughtered while in a feverish or heated condition, ..... shall not be slaughtered, skinned nor dressed in markets, . running at large, may be taken up and sold, dead, may be removed only by contract with The City, APPEALS, from decisions of the Louisville City Court, from Mayor’s order dismissing a policeman, APPORTIONMENT, list of property-owners liable for costs of improvements to be ascertained by Council, 2, ey ee ec ae cane 02 cee eens See Pustic WAYS. APPORTIONMENT WARRANTS, clerk of Board of Councilmen shall make out, registering of, . Chet cs ee inn persons holding shall report payment of ike See PuBLIc WAYS. APPRENTICESHIPS, from the City Almshouse, . frem the House of Refuge, ARBEGUST AVENUE, G. C. Buchanan authorized to operate a railroad track on, ARCHITECTS, who deemed, for license purposes, rate of license, ; fine for not procuring license, . ARREARS. See Taxes. ARRESTS, with and without warrant, . ASSESSMENT, | shall be: made by the w\ssescor [ce 22.2: a oer tye shall be of all lands, improvements, personalty, and investments, . shall be as of September first each year, mistakes in shall not impair them, . preparation and facilities for, PAGE. v1 110 112 247 876 SEC. 2 Et 12 i) ge QO o> He He INDEX. ASSESSMENTS (Continued). accuracy and certainty in required, of property which has been sold for taxes, blank form to be used by Assessor in taking, list of property for, ROW IA Nee ODO VLIIEG Olly i: 7 oe ee GWE vine wsl-vrea yee a lane See TAXES. ASSESSMENT BOOKS, RIGS ETAALATIN Ian el selciartte Ae ird Ue ace a ct APOE «AO re oats HOTS A ha epee, = et Ae Mi MORI al UU ae A at i a ee i ee ASSESSMENT MAPS, shall be used to identify property, .........-. correct reference to sufficient to identify Dennehy. ; ASSESSOR, PO Wreieered eens) i ig a. Oe LL CRCOL OC alge ll ltt EP a Des 4 ila) MTG QSRERSTL ON TS et oe uh Ps, eum ven ge eh ee ng eek Ga compensation, MiewMIAnte Owe. yk) a. et Ee eee clerks and draughtsmen, shall list males of age, duties as to assessment books, shall view land and improvements, ; shall go upon premises to assess goods and phair lists returnable to by property-owners, SAY PACTSLOP CEL iri. ioe 2 aN val aye may assess without returned list, ©... 1% 2... shall prepare blanks, ; may remonstrate if dissatisfied aa lists, duties in ascertaining changes in ownership of property, .. . how shall assess property of heirs, devisees and others, . how shall assess property of joint-owners, ..... how shall assess particular estates, . . . . duty as to taxable property not listed, ........ aupy. ps to-record. of sules:for taxes, ~... . 2°." %iet Go shall keep record of City deeds, .. 2... 2... shall keep a register of real-estate transfers,. . . SEE ORRORROLEIN- EG!) Gc c 4 Slot al tn Moke eat oath... oe Sir FAT FS ae Re Sa ies oe eS) BEL Mi fine for defacing or destroying maps,.eie., OF 68. se yk PPE SeDECH CHEUNG UES 2 Oe cnr 3 SOc oe Cather es Me) ot ts a. Axi Why SAMMI VONDONC. 6 WSC ae el rk curs ees compensation fixed by Gonnai. EO Pig grrr TAMARA ietie Peel ee aes ee eo Nt ie gs Me cd ice PRET ART OUILOUNS Acie cielo lit) ak Mh ea SE pas ae 2 ats Ts Bi iA een AS PERCE DO ste RO len aw. oto yo making or permitting false entries in books, BOM GOULOU ts fo Fc) ksh hota a BRU ise Us, : has no power to series or alter bills in hands of the Receiver until author- ized by Mayor and finance committee,, ....... PAGE. 11 12 887 888 919 SEC. 10 14 48 49 or wos = =P) Co OO SoCoOmOnmDOonoo®d oo KS Ww 10 Or Rm Ww bd tb oo bo Co he _ — 920 INDEX. ASSESSOR ( Continued). Page. SEc. duty of as to applications for changes in bills, . 632 12 shall correct erroneous assessments, 773 9 shall give notice of corrections, 7738 a liable to City for loss of lien, 773 9 complaints as to assessments to be filed vue 774 10 shall make out tax-bills every December . 775 11 shall list bills. with Tax Receiver, 775 11 reductions by Board of Equalization shall is centicd i : 776 4 shall issue new bills after reduction, 776 14 office, laws regulating, . Z 786 31 form of blanks to be used by in puis Te oft proper eS te ety eo 48 how blanks to be filled out,. . .. . 7. eeuoou 49 shall cause the penal clause of the tax lave te mA panied on the reverse ce of assessment blanks; 8 20 ye ec ae en ee era 49 shall ‘report liability 10: pay bead-tax;”. 9". 9) acre een ut or ean ee ee 50 ASSISTANT ASSESSORS, nomination ‘and election; >.) sess ea eke ee CO eee 51 number and duties,’ ) he. 120-5 aetna le alae © sy oh, Oo ee ae eats ee instructions as 40 Proper Manners... owe eevee) ee ee annual report to General Council, . .. . .. ‘ cae ed fe PRRELOD) permit of required to be obtained by undert eee end eyes ators remov- INS. COMBSCS, wen acer Pe a og ae eho ap ah eRe eee Deen Rm shall keep a correct register of Newt a INtErMentsy: Aue. — . 3867 shall keep on hand a supply of blanks for distribution to those Meat to make returns under the burial ordinance,. .......'... , . 867 duty of, to make regulations to secure enforcement of ordinance as to burials, 367 articles of food which have been inspected and condemned by shall not be offered for gale. ar ihe veokre: Cypress Pate aa en eats Waa eee a Vet permit of shall be obtained by persons Sorte or sending milk to The City for Sale “Ne! ye PAN, DRE es Netw Dike iene Ree ae te een Sanne eee ames a shall govern and control physicians appointed to assist Health Officer in vac- CINALING, ”. Vs aseeahe iaelts. Gok caehy fot Sun >. ote Ae adie Darna a a ees inspectors. of live stoek-towepory tO sya: os eta ee eee en eS See HEALTH Ovaiiae BOARD OF MANAGERS HOUSE OF REFUGE. See Housk or REFUGE. BOARD OF POLICE COMMISSIONERS, who shall constitutes) 4 eo PARWss oki sk Sie ee Ge ei eee ee OU LECIn (Ot -OICe ere at : : i ee RTT eg authorized to elect a pales fine Riatreniiatle, see US athe cl hig one aeons tine at AE shall fill vacancies in the force, .. . NA Soy ro Adee pe to shall confirm or reject nominations for ahice i os ise) Sata Peek meee ee ere Somes Rléerkcto\e sore ata see MCR ee mre ee a ee Re 2 at he Mayommay. Convene, <.% > \on Mare sarc ic cas lyst ne se ae emi seen Se ees DADA DD PRP TOWNS KF eH =" i=) a H CO 15 po en 16 04 42 61 woe Om SH He jad fat "INDEX. BOARD OF POLICE COMMISSIONERS ( Continued). shall act upon nominations for lieutenants... . 2. . mae Bie pak: shall elect and organize the force, shall act upon nominations for detectives, power to elect private policemen, restricted in electing, shall assign uniform for, BOARD OF REGISTRATION. See REGISTRATION. BOARD OF TRADE, LOUISVILLE shall control flour inspection, PE Oth eer tee Oe Vere veh, Se appoint and control inspector, weigher and register of grain warehouses, real estate of exempted from taxation, BOARD OF TRUSTEES OF PUBLIC SCHOOLS. See ScHoots. BOATS, See WHARVES, BOHNE STREET, described and named, BONDS, CITY, i Authority for issue of, Bounty Bonds of February 27, 1865, . School Bonds of June ‘10, 1865, . , Cabel-Street Improvement Bonds of fons 26, 1866, School Bonds of April 10, 1866, . Water Bonds of May 1, 1857, School Bonds of May 1, 1867, . E. & P. Subscription Bonds of October sr 1868, Water Bonds of May 1, 1859, . Old Liabilities Bonds of June 1, 1869, City Hall Bonds of April 1, 1871, N. A. & St. L. Air Line Subser sdeian Bonds Santonber 1, 1871, City Institution Bonds of June 1, 1872 Old Liabilities Bonds of March 1, 1874, F Street Improvement Bonds of August 25, 1866; aia ‘16, 1866; October 1, 1866; December 15, 1866, Street Improvement Bonds of August 1, 1867, Sewers Bonds of July 1, 1868, New Jail Bonds of October 1, 1868, Old Liabilities Bonds of April 1, 1871, Road-bed Bonds of July 1, 1873, E. & P. R. R. Bonds of January 1, 1873, City Hall, Reconstruction, and Road-bed Berle of 1873 3 Reconstruction Bonds of July 1, 1878, Old Liabilities Bonds of May 1, 1880, Improvement Bonds of July 1, 1888, . a d } authorized issue to pay subscription to stock in Peuvitle Water Catan: Council authorized to give or loan to the Water Company to secure exten- sion of water facilities to Portland, may be issued to pay for wharves, execution, witnessing and recording of al ordinance directing isssue need not be submitted to Aee: bw & we eon dS po OO -COr GO Gas Go Cee hs ak cate. ~“) Ot CG ee) 7 No NO Ne) rN food bo bd wy Wy CS Imp Sx Oo, © We) bo Oe (OW Or On bo bo ~ Os _ 995 SEC 73 46 oC. we CO 926 INDEX. BONDS, CITY, (Continued). payment of, issued on account of the Strader & es W barf pro- WA OT ep aes ee uae ah cman ree AEE for buying and improving ea for Paitiaye and dock purposes, author- ALY LOPS. Be wicgy seo cess, nL ie rene. ie cae tetas rg ae chow proceeds applied, ovina nei ae ee eg issue to be according to resolution, .. . . see to pay for the Rowan wharf-property, authority oe are ae to pay for the several tracts bought for wharf purposes, ......,... all charged upon Sinking Fund. See SINKING Funp. See TAXES. BONDS OF OFFICERS, form of for all City officers, . . BONES, penalty for collecting raw, green, or undried, within the City limits, .. . penalty for manufacturing from, crushing or grinding, .. .. . BOOKKEEPER, CITY, shall repister all claims againsh he City, ai. varie omeciee eeegeaennes shall certify nojclaime whatever, 50 (0c) fos ae een ane BOUNDARY, CITY, of “March 9.18682 jest ae i ee is ae continued: by, tharter sot 13 70, 7. em eo les ete er ee western, changed February 28,1871, .. . a6) Ma ett eastern; changed February 971880). \aetee ee eee es eastern, changed April 28, 1884, 2. 7. 4. BOUNDARY, WARD. See Warps. BOUNTIES, City bonds for payment of authorized,. . ..... BOWLDER PAVEMENT. See IMPROVEMENT oF PUBLIC WAyYs. BOW LING ALLEYS price of slicense Fors (> cut Pel eg cn ley aiag eecnne amen ere BREWERS. See DISTILLERS. BRICK AND STONE WORK. See Inspectors AND MEASURERS OF BRICK AND STONE WORK. BRIDGES, fines im posed ‘for protection 010 to selicol funda rn en eee penaltyilor destroying; Sema aes rsk. sels \s ese on ae ae es LDU PIN E(k eed) Scr Reins Been . 0°" Saree eee eo 10cm dO authorized to receive sums due from Cave Hill Cemetery Company, efc., . 79 41 authorized to receive donations, bequests, ¢ic.,..0.5 . 72. = 4 4) seme 79 Al INDEX. CAVE HILL INVESTMENT COMPANY (Continued), president and directors shall invest all money of the company in bonds, efc., manner of making investments asda a ees money, property, and incomes of, how applied, annual report of directors, ..... may make by-laws, penaltyin treasurer's bond, . . 2 1.5 ¢..- CELLARS, ‘excavations for making controlled by the City Engineer, . sanatory regulations concerning, ...... doors and entrance-ways regulated, CEMETERIES, ; City cemeteries named, regulations of, penalty for injuring property in, conduct of visitors in cemeteries, . .. fine for violating ordinance concerning, power of Council in reference to. 2.) .3.0..7. persons in charge shall not inter nor place in a vault permit from Board of Health,. ..... CENSUS, corpse without every ten years may be taken as a basis of representation in General Council, Council,may cause special, ... School Board shall procure, for school purposes every five years, CENTRAL PASSENGER RAILROAD COMPANY, PASCO ISO T ALLO ioee Me7y 15 1 Oe aren @ kate ohh oe tc at Oo tae empowered to construct and maintain a railroad, ROMO EPOTIAGL; VEAGICGs. cs ietarAN. or Mall ptoeas oleate’ NG, oat ha GERbAL SLOGIC cs aura eid tal eiehaie reise maa ht' ss GUrechare pores bage eg Ih ve Ms ST eye subscriptions of stock, BlechOn OL cdiretUOTs: «lvl = teeta cee ys. oe BSLEUSIOUES, o6 gee | A Se oe ee ee may condemn land, . ‘ : may buy and mortgage real estate, may borrow money, . animal power to be used, . rate of speed, fares, efé.,... «6.4. + conditon of franchise, ... . : Say RS, pee limitation of real estate to be held by, . . . may lease its property or franchise, ....- . motive-power may be changed, . .... may subscribe stock in other companies, . how subscriptions shall be made, . . MAN Eater ID VeatMelity "ak, cute he may sell or lease its franchise or purchase others, . empowered to carry freight, ....... may build and operate railways in whatever streets ‘may operate by electricity or the cable system, . . . . . . the Council may permit, ke s right of way on Baxter and Ormsby avenues, Fourth and Seventh streets, granted, . .. - - . . . . - ~ PAGE. 19 79 79 80 931 SEC. ore Doe bo bo rt 932 INDEX. CENTRAL PASSENGER RAILROAD COMPANY (Continued), Pace. SEC. license for each car, . . : PR oe as Sah MR RID ale. 122 right to repeal grant peace by Git, 6h, Se Fa el eg ES OE ET seme on Oe eee Oke 123 right of way on Fourth Street, Ormsby, and Magnolia avenues, terms and GOTLCICIONS, a eye Sy Gee Eaten Ve ane Sue ors 128 rg histowepealy 2 er GG ah ig a ohn yh SA se Oe 130 Louisville City Railway Chere to Tate Soiate USG-OL( 0s) Se 3" ja een tases 131 right of way on Fourth Street from Magnolia Avenue to City imits,. . . 621 132 grant may be repealed, . .7. 2: Se Pah gid Reta ape ark FR UL 134 | line extended from Magnolia Avenue i nee Str ne eb sacee « 621 135 extension on Walnut, from Twenty-first to Twenty “fifth Birbets required, . 622 137 City’s right to purchase waived,. . . 622 138 Ninteenth, Walnut, Bank, Wee ahied. High Devens ia fitth to Port- land “Wharf, right of way granted... G07 Ge ee ee a ee 140 repeal of grantsnot Used; SHG ea voee Nie ot tenth ond ce tea name on Ree emt 141 CENTRAL TRANSFER COMPANY, incorporation Of, “<2 3% % Re ae ee Ae i oN Oy ot eS ALN Ae deh ey, ets | Bet 58 succeeds to rights of H. A. Diesen MARE ML Deh re very ok er Sa Fone Mone eee 60 may borrow Money, vas P ReaSe Lene ee ee me 61 may dispose of. bonds; es .cgeee 4 Aa Ao Fh fe oe Le 61 may operate railroad in accordance van tcdinante of Dee te 1882, 5 er ob 62 may connect with other railroads. de ne ay oe ede, eee ane ees ea 64 rates of transportation to “be fixed by Council, 927.08) "ne, oe ck ee es 65 shippers. entitled to-side-track 50S ti eee a wer eee em ht 66 Gapital Stock .'h,2 ere hiner veneer ee Wet e” 5) Soe cee, ee ere 67 directors; ss KIN he RES Seok! Gi cn aatgh ae eect, ea, eee NR CD 68 OFMCETBY 96. 6g a As eee tin Re Sat eee ee alga ee Tae ee 68 ory Tea Wy Tie a ew hee heal el ace eRe Gn he Pong eri ee ed 69 CHARITABLE ENTERTAINMENTS, may. be allowed. without licenses. ©. 2" See ie. tenn to ee a ad 5 CHARITABLE INSTITUTIONS. See Commissioners or PUBLIC CHARITIES. CHARITIES. See ComMIssIOnERS OF PUBLIC CHARITIES. AR, publication of authorized, 4 8 laws in conflict with, repealed, 4 6 manner of amending, by the Council. z 4 by convention, ya oy 5 laws prior to and not Rarer Ww ah eanneees 2 3 CHESAPEAKE, OHIO AND SOUTHWESTERN RAILROAD COM- PANY right to construct a single-track road over a track owned by the Companys and across Kentucky, Zane, Churchill, Oldham, and Oak streets, . 562 36 Conditions Of Cran. | eee AN eee sd ig. ydhe ales Sietaynee ee Ne col ean, Gy am EC 37 right of way through A Street, . . 2. ... x hae Liha ph ieee Wee eas 38 shall keep the street in repair a6 remove tracks when rennestedil he Os 39 other railroad companies may use the track conditionally, . . aie ree OOR 40 side tracks and’ connections aut ei. Bolt aacts ee nee eae Were OMG ee ene 10 Council’s permission necessary, . . . . . oo Weg NA Da Sian sy os PO 41 rate of spéed Timed pa! sui: 5 Aen oes is ee ie pa ae he eos 42 INDEX. 933 CHESAPEAKE, OHIO AND SOUTHWESTERN RAILROAD COM- PANY (Continued), PaGE. SEC. Whe Uityeto we Held tree irom Uamaces, Foye et roe ee eat) O64 43 right of way in Fourteenth, Main, and Rowan streets,.......... 564 44 employment of watchmen and erection of gates, .......... 4569 45 Mamet Lobe executed: 4 mee were A Ore Gar. 5 mel eU., © 5 BOB 46 ALY sto es DOlG tree (Of CAINAMGS, neat Gat aks Viewer Ol ee el ee) O65 47 Rab Cl PROS IM ILO, (8c nel A oP ah ties 1 UUme ne Ree ae sl 565 48 CHESTNUT STREET, Die Ua EGLeet Th WAY GAG RGeON 1 el gee ie we oe ain ye te OL 142 CHIEF ENGINEER OF FIRE DEPARTMENT, Mae OP eeiyralceted, uy the Deaplen: 00 ware oy coe eee es BOB OF 12 Seenerer Our onal) Oleh)... ug waka ob ane 0 aout ads. gate a ok OO 3 Siti ia e men ned shy: OLUINANCE,. y /ursou a ea ke ce) we se ee cee? BOO 4 shall appoint employes of the department,......... Be ee ah. 4 Council empowered to increase the salary of, after January 1, 1877, Pe ta OO 5 On oO eee Ripe, Cee Pin hae et Baer Beet ete ie, Pet. o! DOG 10 Renee ries PGT OTIGE. sulky Sf. ka artes gietsey tae, Cee nee os ca ec et le nee DUS 22 CULE A OLICE: cr esr. sees. May cic. fa medion Aa ey gre omnes ae cr) OU 22 PETTY eet YOON LOW Own ve fever: So Bs ca coh Mae WE ae eee ak somte oy 3s ,OU4 3 RODIN RO LUGE. at rsa alas. > Natrol Caviar. «whe wp Leon ase the ote ORS Ghent a et OU 31 PL SIGNOLTOl: 4 one 56 may issue bonds, .9.°. % ap coy) ei = ASL aes ne ae Oa Cae Penne 57 injuring or destroying probe forfeiture fn Sera ae gs rash 1 Ae ae 58 willfully or fraudulently injuring or altering pipes, meters, ate frreitnre ne 338 59 fraudulently burning or wasting gas, forfeiture for,*. . ... 2. 2.2 94 5 3) 380 59 inspectors, privileges and powers of, < . 2i 2 Ge orkeet eee tet une 60 duration of franchise, *... . .. i, ahs ho Rip tga tet el Sez Sl sc at ROS iba ee OP of Maree 61 capital stock may be increased to five nileonee oe sak he, Ve eed ek Oe 62 bonds may be issued to extent of two and one-half liene Ge ey RR Le ee DTS 62 may acquire control of other! companies) iia) ei.0 ms te ae 63 property and effects of, exempted ‘from City taxes, 402) o 6.5. .) 30s le sence 64 exemption from taxation limited! 5, “cig cs nites ck ton sas a 65 prant.of right by (Phe Gity, eo 2.0%, Fs a ete i Sea dee 66 express conditions of orant, 94.7. bc.- (60 sree Pec kee 66 CITIZENS’ PASSENGER RAILWAY COMPANY, Main and Fifteenth streets, right of way granted to, . 2... ...:.... 610 97 Louisville City Railway Company, granted right to use franchise of, con- CItiONs, 25 Se aay Se eae ee ee 98 TOPAITS Of WAY: ice Gie nh vlcceie Me ame (athe he ott vote epee one Pe aes ee 99 tracks, use and extension, ... . ; 2 a Tee git Tae ae een. E 100 extensions to be under supervision of Gite Hneineer ee Se eee EO Le 101 removal, subject*to, whenyerio we ec ks. ew eine ae eee ec 101 costs of, company to pay,. .. . : a eer ele 101 sale of franchise, etc., to Louisville City; Railway Geen ne. spicier! eo Gls 103 OITY ATTORNEY, ‘election, term and*duties inipeneralyy. gol... Se Sea eae ee 1 shall represent:The City in the courts, oy. oe. bac. ea ne eu pe eee 2 qualifications and Balary, «ie sche) wise eins, Pls os co nals oat Paes SERS get Se a eto INDEX. 935 CITY ATTORNEY (Continued), f Pace. SEc. SOR GNEMILOASUOTIG Bare o.2. OP aE OYs kare Marae a, 6 Nee ae ORG On eta yA, LBO 4 OME TRIS ORIALY Sw, ins Meee We ae diy aman taihmoy ce alie ss! So 150 5 shall have a supervision of taxes and assessments, ........... . 150 6 may, with approval of Council, appoint an assistant, ....... .... 160 6 shall represent'the City in tax-litigation,. .9. 2.9... 5. 6... + +. 160 6 Fence ia seals anny to COUNCIL oa: ie ad ete, Wt es a ae L150 4 accounts due City to be collected by, ie tee eaeriedines lite, ant ay BO 5 Mem penn Compr olnisd OOMMICLCC me late ses u- ee wee eo a 6 162 8 shall institute proceedings for condemnation,. ............. 156 3 duty in reference to condemned pes 1 OME ROO ee wean te x. 59 11 salary fixed, . . an ae Be toi ta) ae eee a Wen ia. “te ATE 33 shall bring suits to recover ee BIreHrdye: Mace eye tedian 0 ake Le aay) 22). 789 22 CITY ATTORNEY, ASSISTANT, PinpMIGIUEADHALTECU Linker. Cotati) coe A al aes we de 2 150 6 SoU Stiiwe Eee el RE cee ROM Meg Slee OAT RE Sy sc Teh Ca FL eMRele sare Maciarce hori! a LE 29 duties= 2.25. ee eee me hes LE 30 shall perform ie services as Gua rane Mave TOQUIrO acre: Guetta. ace (a 31 CII SUR CON ETOCS Rr RRs 80. 2 A Ie ig aun Rane a Bien 2 ane > Saw eee Dae Yi 32 CITY COURT OF LOUISVILLE, provision ot City charter concerning, superseded; .02. . wigs ie 181 1 Perit TOGOLG Meme Meet nic wrier mt ute ert seen hor ait ean iate ul Me! Sata (LOL 2 CROCK Reels Pear tata! oy Mere nae elie ov, es, nV Suet at eT Lee iae tok 2 feaitdoatone Mage Sern ee eae Tae ee cs Pe TRO: kOe GIP pent LOZ 3 elections and terms, . . Ae ae eats LOZ 4 as a court of inquiry, to be A ee open eeerunt Sainte BCMA meine ikes, 7s aR wel LOS 10 TEaNeReTCRCTS ey CUULe days Mentamere ie fe a “te er Lemeer Skee tetitee far Sika leen veh eae 94 184 11 Seeds: LCONL QUOC sO, wae etre ent aioe. aa Oris a. ale eR A Rare tars 189 27 Rae COUT Ce einige ont eae ts Brees ihn va Paths hak omens? se) 189 27 to. Court:of Appeals, o.. «27. eon OO 27 any fine, penalty, or cost may be Potted by the Meo: faa Gannetl eee LOO 32 RALIV ME CTOMSSLOU U1 La Bt ee On canis, Ve wathueitue haw eles NENT 5 Cob ts Se LO], 35 Daiipomestid TeeOrwizancetw.. won we ads soy delee a wea Lentils 181 35 monthly Germs of,. 105 <9.) % : Wwaas seer Ok 35 warrants, subpeenas, and Nainenti may ies puacuted ne Ponoctnen: ieee tL OZ 3 proceedings in, to abate unsafe or dangerous buildings,. . ........ 659 11 frigOL movonsrorsucnabatement, oem imante aes... 4 se ee es ete 00 12 piroe days Loticuto owner requiredwsagamet sa Vos.) Fe Gece 860 12 Notice to non-residents to be by letter. . =. st. ck ce ee ek BO 12 Ta VoorceraAvaleMnent without NGCOpel ais vou Ssh Ne oe aoe, 60 13 may commit offenders to houses of refuge and aNiene pale MMe eae OC 5 May corunite juveniios. to House of Retiror. "sas. ei ee S022 25 commitments by, to House of Refuge, . . . Peel impr ay ey bed 26 may order confinements in and releases from Base of Parubes “erat at ager es De) 40 may commit certain bawds or prostitutes to St. Xavier Institute, . .. . . 185 54 Jurisdiction and Powers, Ber ete ALIS CLILOAILOERT) ysis trey (cag) stoi tiec hat ei 6. wel eee ol) Loe Leen Os SEIT VS OAT OCU Mem A taisct< Pyles ale Ne se Peat 188 exclusive JOrisdiction 16 examine nto, . s)he es» 184 BE ECRC ICH Ole CO HOUCG Aims sc ne te\a es ets 21s ceo; eee ae ahs eee | LOD IO Od 936 INDEX. CITY COURT OF LOUISVILLE (Continued), as to breaches of ordinances, .. ane, as to violations of penal laws of the State, ais : jurisdiction that conferred on police courts by the Rmninet aaa, as an examining court, jurisdiction exclusive, . exclusive jurisdiction of proceedings relative to keeping of aeardene houses, : ‘ of misdemeanors Pent n rs) oe one Aol of es City iene Judge, powers of, in felony cases, to be same as county judges in other counties, shall examine into all felony cases,. . ... 2... a general conservator of the peace, oath, : salary in lieu of feos 4 salary increased, shall devote his ee attention % ne pice: - Judge pro tem., election and compensation, compensation, when shall not sit . ees shall not hold court elsewhere thane in 1 City Couith room as E rbridad: approve Clerk’s bond, fill vacancies in office of Clerk, appoint Prosecuting Attorney pro tem., manner of annulling, setting aside, or modifying Braces or mantener i may suspend the execution of an order or judgment, may direct Clerk to issue warrants of arrest, when may impose fine without a jury, . when shall cause jury to be yee er when may hold to bail, ‘ shall not hold to bail eiehnut imposing Eine, when shall accept bail, shall fill vacancies in office of Marihal shall appoint Interpreter, Prosecuting Attorney, shall examine into all felony cases, . oath and obligations, . duties, shall represent City al SObri tic hirenne Attorney pro tem., appointment ey the J nee oath and compensation,. . duty to give information, . 5 entitled to thirty per cent. of all Anes er ‘forfeits eligibility to the office, Clerk, oath and bond,. . may administer oaths, fines and penalties, subject to, . ; prosecution and punishment for peeee ma SENHA of ante vacancies in office, . PAGE. 184 184 190 190 195 196 SEc. 8 49 INDEX. 937 CITY COURT OF LOUISVILLE (Continued), Pace. SEc. failure to write in order-book a misdemeanor,........... . 186 18 POR PETER ONOCRES, Fos! tris sews elas | utente ne ees eee oe ah eo es 186 19 warrants for arrest for misdemeanors may be issued only by, . . . . . i89 28 in case of refusal to issue warrant,. ... . PE OS A til eee 1a 4 BG 28 shall keep a record of fees, commissions, abe ines taxed, levied, as- sessed, or collected,~ . . ... : ‘ eee ee LOD 30 account to be balanced conte and Varina by Gian Pee a i. * LOO 3 record to be open to inspection by Mayor, Auditor, Treasurer, or any AUyeRIn Ole COUNT T6LOC ge Nets REL Museen cate Geology Be ee ter na. ey ing OO 30 item Warne: SY LOLTNUGION 9 y Seek Meet Pe Ok se ete ae os ADD 30 shall not charge The City for services rendered in cases where it is a Deroy Cougar IM LONCsh ick. 5 -o. ene ella a ai ae LOE. 47 SER PeSDeia os palary. DY? Le Clty. ak goein os oF at ee men yi rl OF 47 rite 7 SW thse bet A apie Wok cake aaa ey hs came LALA, Mat, Gil AST ae Aes SAMUS ee 194 47 to. be paiduby defendants aa Goatsye 1036 $9" aoe meh ake ty ela et 194 47 Revelvanie: On ly-Onwomyletion. nm ters wie Fave! Semele wy Acie oa ete 04 47 not to exceed two dollars in each action or proceeding,...... 194 47 the same fees as those of Circuit and County Courts for similar ser- VIGCE MA Pit cto LY SOR RA eed RM PPR N eet oe FL OF 47 shall furnish his own deputies and fine aN Cetatignery | is) i oly ey LO 47 when to deliver process to the License Inspector, .......: .. 702 37 Marshal, SRE ake Oh ovenets Rien oar ae Ake iy otal naa i OT Dene yee Shad Sand Bat 22 the process of Godt to be aera. to and Eeecnihd Dieta eada tire ene show 22 may execute procéss’' anywhere in the State, 6 fi iS 6 ee Ps 187 22 TRAY APOOM UB peCIn Dati cc kid cai Mee rr cet h tas hee) Geto heya nts LB 22 PEAY AP DOULLW OVUGDULIES © bs eae eral c.. nt aeke or ite fee coke ns. (18S 23 WHOM TOR Tath ke Ate Sra tier tae, £2 ye alee ere phere a mace rat LOS 24 dinbilifyator lepu tyre) ae pret eet hie iat SINR i a tens nl BBO: (4 AL VtG Oly GUNTOrMmaclOn, aythst t-pum weap eens Batik. tye vote? Se Rene extant OO 3 WELCHIICIES ISO IU CONE Mart Mees Ste kit ae Nee. ot oumtrsmhal Girne 2 le iO? 38 shall not charge The City or services where it is a party or has an in- terest. aS 7.8 is ee eA OE Rl: Seb ealen ts) ) LOO 48 shall be paid as aah ie The City, SRS aE en IN A, Lot gcc ee teed hs) BOD 48 fees allowed, .. .« Se aera ey) A Geding cb ew) ae ee AL PO 48 to be paid by anentaye as cate RPE St ue Bt oear: eee kes LOD 48 TOCHAV ADI OO YOCOM VICLLOMY rant wren caleAre | <4) Seem hese! tes L965 48 not to exceed two dollars in each action or proceeding,.. . . . . 195 48 the same fees as are allowed sheriffs for similar services, . . . ; .195 48 shall furnish his own deputies, books and stationery,... . .. . . . 195 48 shall settle accounts with City Treasurer at least once a month,. . . . 197 58 enforcement of payment of amounts due The City, . eae Loe 59 shall not become surety for persons arrested or convicted in Gas Cauti 478 45 fees in cases of taking up of goats, hogs, shoats and pigs going at large, 880 22 shall keep a record of goats, hogs, efc., sold at auction under ordinance, 880 22 duty as to proceeds of sales of goats and hogs found at large,. . . . . 880 25 Interpreter, Dudes shalt appomt;=. . oe fro 2h i 193 44 PORE A CIETTOG:, hen © ga gt MN a SY ee A ate Sites gl ae) 2 TOD 44 salary and how paid,. . . EWR Tie Rte te Cae eee OR eres voy LOS 44 938 INDEX. CITY COURT OF LOUISVILLE (Continued), duties, ga removal from office, day of appointment, ae term lengthened and salary increased, CITY HALL, City bonds to pay for, 4 tax, collection and payment of, Council to meet in,.. ... . salaries of janitors and others, . +63 enpineer of, appointment by Mayor, yo. 6) 7, 3 oe. force to clean and keep in order, . kar expenses of cleaning and keeping i in order, bbw erie CITY LIMITS. See BounpaRy, C1Ty. CITY OF LOUISVILLE, conveyance of land by, to Cave Hill Cemetery Company, shall elect five managers of Cave Hill, . may donate and convey lands, not over 300 acres, contract between and Cave Hill Cemetery Company, title of property condemned, to be vested in, SSW shall have thirty days within which to make compensation in cases of con- demnation of property, incorporation of continued, . power to govern itself, . ... ..-. baits: RieBine Pater ened tate contract and be contracted ee sue and be sued, defend and be defended, acquire and hold property, peat Go Compas ni use, manage, improve, sell and convey, rent, or 19a property, . have a common seal, change same or act without it, . departments of government of, seal of, ; As a ta a eH AM ah oN Ie ean Gates common interests of and Teter son Coane may ns arranged by cpa ttney actions of law between, and County of Jefferson, authorized, . a joint expenses of, and Jefferson County, may be fixed by contract between General Council and County Levy Court, om stock held by in Louisville Gas Company, dividends on, how eapliol may at any time purchase the franchise and property of the Louisville Water Company, ie , ee. not liable in damages for hea of winks by ane Tonerine lender: ground Conduit and Electric Light, Telegraph and Telephone Company, Cyathea) ab ae PRISE SU aes re one shall have use of pipes, por aed etc., of the Louisville Underground Con- duit and Electric Light, Telegraph and Telephone Company, . . not liable in damages for construction of works by the Ohio Valley Tele- phone Company, : shall have use of cables, ete., of Gite Vv atley, Patenhens Gentes CITY PRINTING. See ApvVERTISING, OFFICIAL. CITY WEIGHER AND INSPECTOR, shall‘be elected annually bythe. Gounell) 026s 2 . ao Ree SE at gt ie OR oH 26 requirements. of... 2. 0°: eae Wy bo eh ae eee GE eect hE 27 COOK BENEVOLENT INSTITUTION, incorporation of, oi : ; oes a Le 49 managers; duties, Sane terms of Sited sib 7a ie ; Ae the he eae con od Cee Lok 49 PILLS G01 55) 2 Coens Bye athe (eee aR Rn he ee a eer eee er nese B:8 | 49 chartering act of, revived and Renrued PN eh 8 Sins: ty: tod ee Peete LBS 50 managers of, may erect an hospital, : 133 51 means to establish hospital, .. “ .. . veer: Hele sit 4 hs Paden, See RST LES 51 Bncpocwed te-sell its paal eatates 41) Soy See hii ha eo uy A ys 184. 58 re-investment of proceeds of sales,....:.... Se eh com Food tao Cae SY. 53 saleata be by judicial determinations.” Gy ama ees asp) ale Beet saezs 184 5S CORONER, may hold inquests at the instance of the Health Officer, . . 2... Suse b> BbG6 19 CORPORATE POWERS, General Council may pass all necessary ordinances to carry out,. . . . . . 850 18 See City oF LOUISVILLE. 944 INDEX. CORPORATIONS, when treated as residents for purposes of taxation,. . ae commercial and manufacturing, stock of exempt from taxation, . CORPSES, shall not be removed for burial save by permit, may be removed if Health Officer fail to grant permit, exhumation and reinterment of, in West Louisville Cemetery, unlawful disinterments and removals of, brought to City by steamboats, e¢c., how buried, shall not be removed for burial or ey he without permit of BOkra of Health, persons in charge of bur Wire reas shall not enter or pinch? ina ear: mith out the burial permit of the Board cf Health, CORRECTION, INSTITUTIONS OF. See Boarp or CoMMISsSIONERS OF PUBLIC CHARITIES. CORRECTIONS OF ASSESSMENTS. See Taxus. CORRECTIONS OF TAX-BILLS. See Taxes. COUNCIL. See GENERAL COUNCIL. COUNCILMEN. See Boarp oF CoUNCILMEN. COUNTY, JEFFERSON, City charitable institutions may be located anywhere in, property in, may be condemned by Council for municipal purposes . General Council-and County Court may contract in relation to common in- terests of, and The City, ere actions at law between, and The City authorized, annual joint expenses of City and, may be fixed by contract, County jail controlled by Council and County Levy Court jointly, County salaries paid by City, ‘ See Caner eee cece COUNTY COURT, JEFFERSON, shall have jurisdiction of appeals as to commitments to House of Refuge, . may commit persons to House of Refuge, , shall approve appointment of deputy constables, may not change the Justices’ Districts, Clerk of, shall register mechanics’ liens, e: Judge and Clerk of, members of Registration Boar ny See REGISTRATION. COUNTY LEVY COURT, who shall compose, quorum, . ; times of meeting, COM PENSAablon, > awere ses Ae OURS duty and powers relative to contracts, may adopt rules and regulations, ia may regulate the Sinking Fund of County, have charge of financial affairs of County, appoint Commissioner, . eovenaniioet COMM ISsIONEr&> Were oe ele eee presiding judge of, meetings, how called, . PAGE. 7738 790 066 SEc. 8 49 oR BO CO oO 945 COUNTY LEVY COURT ( Continued), Wertriaomn as (Osan SY CONLLACES, ~ Glew we il ce we we fg ee voting by members restricted in matters of levy or appropriation,. . . . TE NMOTI BARE oF cide wg a, | eam RC EON Nd GID Mean PUNY | ipfe eat de a may enter into a contract with the General Council to fix proportion of joint Se utinerai ey nem ON: COUN: oh head ort ok eM Netetnts eialds whe = oiled a ve-'.6 remeber as US levied DV; 6s.) eta ee) elt aed aie abe Ueled hetl es won fine ennon tiny pedevied: by. jets deg aaiwecsints Tee gels ek aes members of, may .be fined for not erecting and keeping a suitable jail,.. . Shalivelest Sealer or Weights and..Measures, +... 6084 “she ibn,» be gare ges ve Sealer of Weights and Measures shall ae BHINUSE TEODORO. Fe gat oe CRESCENT HILL RAILWAY COMPANY, grant of right of way in Bridge Street, Hamilton Avenue, and Payne Street, laying PIL Y Ot (OL CECH g. acs Roa Cat sa ae dags ee kes el Oh sen ue cwtee 2P o Pre mO me CISe at yee ea) ATEN ea ka a eeeedss re ery era a ot CRIMES, ev Mp asym eerie BIL LAK) nec ad Sie od sca he Sho et AER aoe Sak ah governed by. contracts of Central, Passenger Railway Company, .. . SCALE THOU ORA WOLK, iret rr vee cd VS Een eR heehee Ee I. et cae) Pieaemrm nce LeOrre UIEOC, «4% «fata akon aah Pia en Saal Roe eae OR Op ae? et pcan! akg STE ORO E I OPEN. ort ia eal) oo Sere | wpe (ate a Pen oe ie ter tuk Darhind erdestroying- Oligo wi ver brid ress<19) / a s-1te AOos al, oP eee ee oe officer making or permitting others to make false entries in is Niche. Pe officer receiving money for his vote or influence, . . .... 1... . 2 receiver of Taxes converting money to his own Use,.). . 2. 2 2 2. unlawfully destroying, altering, or concealing registration books, . . 2... PHAMP OAC Sr SEIS tT ATION G. lig ich hist st bo dD dO DS aN 4 GS oau 4 oo Or bo 294 . 294 ee 6 ue yi ee LS - 560 560 wrt 060 niibb0 ae a) 000 Shin? a GU . 561 pee bG1 Mera sc0G L A ee a SEc. 67 12 1 41 3 54 11 19 20 30 948 INDEX. DUMESNIL, H. A., (Continued), Page. SEc. acceptanceand contract, u5: lites, stein Dee See ek 30 time for completion Of work, ‘se. v ess) er ei ey ey ete et 31 duration of franehise, . . . : AE See te an ee ay ee are ene 32 franchise transferred to Coritral Transfer Chnpaan PP diel iber dina en D cee 58 EASTERN DISTRICT, creation Of) oo. ood io Saree Belt Ue [ie bap ns aah eck cd sae) th eee ee 7 EATING HOUSES, described for license purposes; (7. ais aos. teadigy es ce ath en 51 license required. 70/5) eae Moot Ye! aie ON AENEAN tS crs eae ne 51 rates: of license,’ < c- jo0 Be Re ES ep rh Oe om Oe es ek ey 51 fine for’not paying Teense, AP See ego a ete ee ee ey oy 51 EDUCATION. See Scuoots. EIGHTEENTH STREET, right of way through granted Louisville City Railway Company,. ... . 603 65 EIGHTH WARD, boundaries of 7). gs Pe eae ces ee 16 ELECTIONS, Election Board established sc. 45s om) =! Getngst ater te ee eee aah sie ees Spr ee en 1 who toGém poses 9 274)2 2uey Sk ie oe eee oe a appointment, dutiespvacaneles,” clu, ut a-ee icpete near ee a] firat general election undericharter,: <*>. oes oe ee ee 2 time: of keeping polls oper at all Clty, 20s wees eo hoes ee ec 3 qualifications of voters,.... : Bo ee PD oe . 205 i voting places and precincts may he lagenaied ie Tepe al 5 Aas Paaintlae | tote ON 5. officers of siaty be appointed by Counelle. 5. = ise. psn permease eas te 5 pay of election officers,. . ... % 3 : sea ee coi ye 2S 5. in The City to be conducted like Sthte Teta St PRP p ad; shit wee 5 special may be ordered by Council to ascertain popular a as S proposed charter amendments... p03) 5. eee See Bore eee Zarer lee 6 notice required for spevinl election, (4A ane en ee en ee Ge vj poll bookwtocbe used “at 735. ahha SSIS pee Cae ronan ee ene ee 7 Officers, duties; v's 8 SP Ae eG Ride a ee ee 7 fine for violating ordinance, . . : BT aay Pan onr: PAL If two judges, one clerk, and a cherie a Sati iene ype baa cere om tc an eae 8 appointment, term, duties, oath, vacancies, penalty,. .. 9. .... .... 207 8 compensation, .. . SR Me Bre me rey eS hy Rg SP ha Los cy ads 9 election roll, report of, % Goutei: Pe ge te epee (omen te ye ila 10 contested, ‘how’ determined, < (isc voAU sheets, ye ae en eae a oar ee Li board established to Meee GON URES Tau. hee ee mn aha rune Ale: 11 when election of member of Council is contested, no abideenitad! heat Abe} 12 notice of contesting election required, <3 7.1 2°) Jee te. 20s 13 depositions and: other’ proof may be taken; .-5 4.2.5 3 tees see eos 14 who may contest \eleeitons, sc. (00 evtot 8 os ag en ce Sees ea ge 15 by the Council, how conducted,. . . kee) Dn Dee et Sa, eee Mey ead of newspapers todo City advertising: Sis.) reel #e ue ee 1 1 how special elections ordered and conducted,. ............. 209 17 shall not.be held in engine-houses or policestations, .\. 1°) 2.408 22.5. 209 18. precinets:and places.of-votuiay +. = Titannties to 2 to eee eee enon ans Bt Gee aC 19 INDEX, ELECTIONS (Continued), First Ward,. . Second Ward, . Third Ward, . Fourth Ward, Fifth Ward, Sixth Ward, Seventh Ward, . Eighth Ward, Ninth Ward, . Tenth Ward, Eleventh Ward, Twelfth Ward, JgeMaP Ls Renee ee See REGISTRATION. ELECTRIC LIGHT COMPANTES, certain property of, subject to taxation, ES A APY TRS ae ae! ELEEMOSYNARY INSTITUTIONS. See Boarp or CoMMIssIONERS PUBLIC CHARITIES. ELEVENTH WARD boundaries of, . Toke. ch ae ae ELIZABETHTOWN AND ‘PADUCAH RAILRO AD COMPANY, City’s subscription of stock, City bonds authorized, POL, et eS an annual ad valorem tax to pay interest on ott further provision for, ELLIOTT’S DIGEST, declared correct and to be received as prima facie evidence, EMBEZZLEMENT, by City officers, a penitentiary offense, . by Commissioners of Sinking Fund, by Secretary and Treasurer Sinking Fund, See CRIMES. ENGINEER, CITY, applications for building permits to be made to, . shall inspect locations of proposed buildings, may withhold approval of application, . . decision of, may be reversed by Mayor, shall transmit building applications with oro te the Brean s office : shall examine premises where buildings are being erected, shall certify to contractors’ work before claims therefor are presented, . . shall: not certify work if contractor has failed to execute according to con- tract, a ics ay Wome wa shall wee no Saou in apenas of work, ; shall advise Mayor in relation to letting of public works,. . furnish form of bids, . open bids, . . > leo ahs AR Soll cele iis report violations of contracts for eras ae suspend execution of work under contract, . oie notice to Council of suspension or resumption of work, certificate of, as to performance of contracts and furnishing materials, re- quired, PAGE. 209 210 210 211 212 212 213 213 213 214 215 216 709 bo bdo CON Ot Re B® OO NO INI 8S0\ 0 WP PDP ~] co 950 INDEX. ENGINEER, CITY (Continued), Pace. SEc. shall not certify accounts of contractors who have failed to prosecute ac- cording boComtract, 1.0) F vigs. a bies a re ee nce 8 shall not certify contractors’ accounts in advance of WOPRKY Ta cee phe cise 166 8. shall not certify contractors’ accounts until refuse material and rubbish Be TOMO VEO leisnse 215. Rn rap sig tm cme fat, mn oc ar LO 8 QING Created ng kta ne ee yh he Ue oe a toe a 1 nay appoint assistants and employer, .)Gi - st ee See Le 1 election and: f6rmiyy 6 ps). BULB wiinsane tata rg Tenn oo ee 2 shall have direction of public orks silence Slog Seni nee at ik eae wd Ge 8, Bam SRA eo ace 3 duties to be prescribed by ordinance, .. . . FF sch htc oe es 4 compensations \ y's") ss AL ee ey, eae ene ay se ne 4 bond and: spret ys: ic. + epee mats se ee tia ee ee ee © ap ie MoneSe a agree ES 4 ordinances necessary to efficiency of his department shall be races by Cotmeil 5.) cite tail lec tie cre aces eae ice, ‘hina rake 5 department re- puta iched and continted,.- . os. Po Seac steer fee et ene Bo 6 officérs:and force of ‘the departments, (yen tess ae ee eee en ie ae ee fs 6 shall have control and direction of the department, ......... .. 219 7 Acting Engineer in case of inability of Kmgineer, os. 5 Pa ee cee 8 Duties, have records of .departmenti/Kept) s/s 4 +.) eee ene 9 have made a topographical and drainage map of City, and keep a reg- ister, of ‘field-notesiy st so ae ee oe me 9 have madé.a sewerage map,’ 9) eh syle ees aie ae. oe no 9 prepare and keep register of contract measurement, efc., . ..... . 219 9 make and preserve maps, protiles.“ctryn.y., bes ape) aoe ern me ot 9 make reports: to, Councils) yen een ce eee Py tiee, SN cee ee eae ae 9 keep communieations, contracts, accounts,vete, . sn en ee ee? 9 make out:and-submit apportionment bills, S02 4285). ee ede 9 preserve instruments, plats, surveys, cic sb ac). fee ten eee ee 9} superintend the execution, of contracts. =): 20.) ee ca ee 9 have charge of all public works Citysa. 9 eee so ee ee 9 officers of department,.general duties of .\ cays ee en eee” 10 fine for hindering: or obstructingy:-2 ay Pesan fe eee oe 10 shall cause closing of ways under improvement, Jy gota Sey SSE oe a 11 fine for removing or disregarding Darrier,. ae. 6 4.) 1 cae ee ee 11 extend street lines. in. advance of improvement, 0. 7. 925 5 ow os eel 12 department may supervise the laying of gas, water, and drain pipes,. . . . 221 14 department may supervise the removal of parts of streets or sidewalks for building purposes) <2 BAN 2 pe mat aay ee rr de rs ere pees Me a 14 permit of, required, for removing parts of streets or sidewalks for building purposés or laying, pipe: as Visiems tee satin eae gh Fao Shae retiree b 14 shall inspect and approve all connections with sewers Herore covered, 5 29.7 221 14 authorized to appoint an Engineer in Charge of Streets and City Maas eee 16 authorized to appoint a Clerk in Charge of Buildings and Street Repairs, . 222 18 authorized to permit property-owners to improve their sidewalks at their OW CXPOTSG,. ie a! ieee I a ian atte Ge ta At eee e ak RE ene a 15 authorized to appoint) Book-keeper,ic.s age oe ty a te ee 20 authorized to appoint assistants and employes," 2 2 foo) ee 222 20 shall appoint Inspectors of Bowlder, Macadam, etc.,......... . . 228 22 shall prepare and keep duplicates of grade-maps reported to Gann of cee een eae 28 INDEX. 951 ENGINEER, CITY ( Continucd), Pace. Skx¢. may direct the abatement of nuisances of stagnant water and other sub- BU RRMRICIEL Er Onis, GGA t ht kl.) chee oes a a a BG 55 O flicers of Department, Engineer in Charge of Streets and City Maps, office created,. . . . . 222 16 PEARL VO HOe OW Palit. ae oetete 4 het fey hie Nel eet Oi en ae 222 17 Clerk in Charge of Buildings and Street Repairs, office eréaied,.. 74... 222 18 BARRO ENC WT DAIGR Sa) Tyo ela) etn atu aac Me ew oe Pea iatt a Coes 1 222 1y BOGe-eetiar, Oll0G Crentet ste oe ee na ee OP aba, dee soe Tks 222 20 BEULD Ve ee OMW SDE eg eek se tas orth ice Rae y oe /Ph gneeers Lem « 222 20 ALBIS uneineer, Street VopArument, Mi. Ly Moret a ee oe Se ate 2 Ee 21 ASAT yea. Weve y tani ENE Fe Cnc b nc eee Facade & 29 oa) gle 21 Assistant Engineer, Street denartnient W.D a es A dete Bed Pies are 74 21 CAE SS Bc) ES ey a Re AN A Fy ac PY ahs Bic, RO Be Pe 21 Assistant Engineer, Sewer department, E. D, EPO teeta Pan Eee oot 21 salary, .. Phe ete fait sdin Maen Ma). aera By) ts Me Tee Pha eNeIy Ch iar us 21 Assistant Engineer, Sewer decactnent Wey ea ee a OAR wt ete i Ge 21 US ia shel oka be Op ROP MBE gta coe 4 hee te NPR MNP Tog os Re Sa KAS SUR aan ed mb a 21 PAUSIUIN ATS SARAIY | Naat wh Rete g as he eee oe ie oh Ea ea RS PP 21 EAD a PORTE cB ALATY, Wy oak tae ertestiee! ony PON eA Babee gia Wares Unies tent Oo; nous ds n'y ooo 21 Assistant Clerk, /salary,'.c<.) en ol = PP! oboe Se Am tans 21 Inspectors of Bowlder, Macadam, Alley, ens (sh ata ae Ene SS RY Ppp 743) 22 SULT EY, eo Wan Ok phate tes OA a Lee ge er we gees 22 term of office extended,. . . Sey Cay fy ae es, AE eA i Mal al nies ee: Wes) 25 ST desitrss ig | Ro gN Rar ach ets egr AT - B Ae eA One! Winn a OR ot Rn ca ener tO: WL 38 salaries of subordinates, .. . Load Meg Doct tet Fe tee GO Mer He he sania pe ee: a 3 public notice of his Mesection of street oA other improvements,. . . . . 506 5 shall, with the Mayor, let contracts for street repairs and crossings, . . . 519 13 Shallonen prolora stoi OO pUubUGHWOrKy 2 cose % cik. 8 Sek eh. sue LO 13 RUE OL pseeuerocolL Es NUUGR) cy iiemaee.. teks out tans Rents. Stee eine os PLO 14 mAyewien tuedMayor; relat eunceled contracts, «fun a8 3 FS. cs ee 8 DIO 14 Geo. C. Buchanan’s railroad track on Fifteenth Street to he supervised by, . 555 2 V.H. Bullitt’s railroad switch on Magnolia Avenue to be supervised by,. . 560 20 H. A. Dumesnil’s railroad switch on Ormsby Avenue to be supervised by, . 560 22 Chesapeake, Ohio and Southwestern Railroad, to supervise work done,. . . 565 46 Louisville, Cincinnati and Lexington Railroad Company’s road-bed, etc., construction of, under supervision of,..-. .... Weg ata Poe wie POG, 54 Switches and side-tracks, construction of, to he Peper DYnE ae deotoine s gO0 6 Elizabethtown and Paducah Railroad Company, to supervise extension of, . 573 78 Louisville, Harrod’s Creek and Westport Railway Company, may cause OPOsS ieee tny Custos fn 5.02 a eine ER RG: mo dl I, « W oiphts;ands Measures, a) qo) Ase eee ene ce of) Reoenrér Oba axes. a. sath te a ts sian eee : ‘ of registration officers,. - 1. . . of. Glerk of “Board: of :Councilmen,: i). 5s. cate ae ee 6f) Whurfmastery 0) 03h ah ee teh eek Oe Of Talis mplateyc, +}. %, alee scthe! ea LP lea ie ee AAs ee ee ae FELONIES. See Crimes. FERRIES, jurisdiction-qvernd control-of, vested im The: Oity, 02)... Gaerne eer powers.of Mayor and: Councilconcernimpos, «1.99 2.1 'sa ey ene eee niay esta bligh=and rerulete,». Jara dau, . bo se aeeieebs ie a Cre eniac ae limit: rates cof fesniaggiong) te oda Seen 8 se das eee eee preseribe fines and. penalties... {mao 2. soe or eens license and tax, . . ORES SEE eR es Ee Te, ue Ne i ee lah Mane not to be established within four Runaved yards, of eachother.) 22... establishmentof by. owners of ithe lends 2.) erwin ee regulation of “as thus €sta plished. ss she saan On eaeene ne an ne vehicles on Jeffersonville ferry-boats may be controlled and regulated by the person in, eharge ots boats a5 Utes, 2) ete rie eg en ee power,.ol. Council in relationsc0, e. . i ppmer ieee ime errr tet, sien ee FIDUCIARIES requirements as to payment of: taxes on property in charge of,. .... . FIFTH STREET, authority:to lay. street. railway tracks lity. 62a ecm - eee ee eras FIFTH WARD, DOU aPteSs «OF Wake ant eee PPE Pos ee te ea eA og I Pals FINES AND MISDEMEANORS, failing to-return property list, ©... 0. tie) Gnu. geon ons ee een he ae injuring or destroying Assessors’ records, wih oe ... 52.) 23. using fire hydrants for other than fire purposes without permit, -.... . failure to erect and keep a suitable jail, Fa ate aT ar eI oF hl failure or City Court Clerk to enter up orders; ie, ae) on Lea en eee violation by justices of statute as to change of venue,. ......... failure or refusal of justices to cae by statute as to their election ana terms, election officers:vialatin&) Ondin amCenss co.) /.0 o: bees aetna See election officers‘failine to discharge duties. /-.° sae ene ee hindering or obstructing officers of Engineer’s department, ..... . removing. or disregarding Knpineer’s barriers, 0%, vo. sare) sere awnings, erecting and keeping otherwise than according to ordinance, pra bathing in City limits within certain neurs,- 2.0) as eek een ee ee false alarms of fire, intentionally creatinyy (42°. Sy ee ee eee bell-ringing at auctions otherwise than according to ordinance,. . . . . . PAGE. 387 387. 387 392 632 643 178 870 870 oa nr oe co Ww Cor Se re! On oo W oo So ON SEC. 67 maoonmn 142 —t et INDEX. 956) FINES AND MISDEMEANORS ( Continued), PaGE. SEc. ringing fire and church bells otherwise than according to ordinance,. . . . 272 5 mdecent. advertisements, etc. publishing of oy ee ee se eg ee OTD 6 posting bills without consent of owner of premises, . . . ae Uae LD’ 7 indecent advertisements, posting and distributing,. ........... 27 8 bicycles, using otherwise than according to ordinance,. ......... 2738 y bridges, other than stone, fast riding and driving over,.......... 278 10 TR GReaE Ee LEE CTU CG/ Glee at Oh, on a Pee ie oc ace eat cre at te, OL 10 driving over draws of, while opening or shutting,. . ........ 27 11 Ola woud Un iron. Inst TIGM Oe aANGtieiVINOvOVely .f.% 8 65 oc eats oe Oe 11 dead animals, skinning of and failing to notify Inspector, . . ...... 274 12 BRinning ot.such oy others than Ownere, Suan es ees) vier oa 4 15 removing dead animals by others than contractors or owners,.. ..... 27 14 POulny CALLIO. I tno, VICINILy OL GIy. MarWets, oe 6 peta et ke len ees wt NO 15 Peer ieee aii Ley Uva tens oa, 2 ates THN della) utara tin ick os 275 16 cellars, cellar-doors, cellar-ways, vaults, efc., on public ways, violation of BIC OUD. COLMIN Pca ey, caogls AMR! oC ei eT ee iim Rey She Aad Oath pak” A 0 Ei public cisterns, unlawfully taking water from, 2. 2 woe See ns S206 18 “opening and leaving uncovered public cisterns, . ........ 276 18 unlawfully using public pumps, . . . Pee, Aa ek sto 276 19 Coreriie UP OG DStrUCting PUDLIC CISLOTNG. ss ethos” ahi spal «0 sae oe 276 20 Mitroducin g. contagious: diseases. into "The: City, css cu. pee Si. See 2 US STE 21 not giving information to authorities of cases of contagious disease, . 276 21 disinterments, removals, and interments of corpses, ............ 276 22 AON EEL GUTTA Cane ime ase Caran eee tte Mey, Cat Ala eo tee Wo. ek os 277 23 Slainsy Owners Of DiLCN-dowts TUNNING alate ae A Ly sees a gw ap Sete Ue 24 suifering dogs to run at large or not confining same after proclamation by NERY Ot ese ko on era eel’, Weed AMR rig ae a a eee eee Lat OLE 25, AEA IO WHOlS Ol KeECUels Ole leroClous Or, 2. Sitter teal Oa mite eee IO 26 against owners of barking, howling, or yelping dogs, .......... 278 26 ECR OTUCEE Sas aie Pee ae ae Cee rae ee Oe eee il eke ee Ae eee SOTO Zt wantonly injuring or killing English sparrows, -. 7... 0... e's «278 28 ORUOOULE CheDCESOl fon ces te ee ee Poe ee rej gy! ae hs Was Tae ay OTe 29 PaneeRIGIn ee OF OTIV INS OVOr DULG WAY ay renin ce esouas Ma ad pe ole pei ALO 30 PIMerine. Geln ving: OM OUSLYUCLING MLemOl, . (weit Leta Sethe s is Meth ene ete 33 WOM peee aubias Hecke iW ejay b ey oT Meme Se le ARN A eb Te er et eae me 6] ao resisting or obstructing inspection of premises for precaution against fire, . 280 34 non-compliance with requirements concerning the construction of hearths, CEM eT Paes hc An eRAE sy FO, odo Ts dee MER bas cre et, oe ge SF ot DRO 35 UL Mosely PULTE OU CHING V Sy as hel emir Bon gee ih or, Cale ete 280 36 fire-alarm telegraph, injuring, destroying, or interfering with, ..... . 281 37 publie’ras-lamps, injury to.ordnterierence with). ka eso el. 281 38 Peco: PErmit Lento Posi ai LATO) cae veniel” A ia ace) wh ea eg be ZOOM 39 discharging fire-arms or fire-works in public places, .......... =. 282 40 SUI 1 DR DUL UAL GON sO MRG-DALBie ey hao) fe nis, dy asp he hte Pe, 202 40 Sbesructing puiters. with dirperibbien ere ok ew ke ees, Ge . -282 4] hides, fresh, raw or green; receiving, having, or bringing into The City,. . 282 42 horses, mules and asses, unlawfully using in public places, . . 2... . . 282 43 imimoderately or cruelly beating horses or other animals,.. . .. .. . . 283 44 turning out injured or diseased horses and mules to die, . . . . . . . . . 283 44 TSIat ee I OOM GEL: COTATI EL? reve, ce ss! le Sa eo ee A) wee ws ie BOD 46, 9956 INDEX. FINES AND MISDEMEANORS (Continded), . PaGE. SEc. keeping furnace for boiling inflammables, constructed otherwise than as re- Guired by ordimance; . f. 9) tien ce) Aaa te ee er 284 47 manufacturing gunpowder in The City, ........ 284 48 non-compliance with regulations as to powder magazines, 284 49 Petiy TALCEILY) 2. selva eens Tae UR: ey Sp eRe ee es ee seine 285 50 knowingly selling false weights or measures in the markets, 285 51 disorderly conduct in the markets; 6:2 are. nna i ae ee 285 52 TTS COS, ia Beasts. sett sea 5 Malpas 92 ES chin goer. a 6 6 ae ce gh see NG On 285 53 non- bceeihte ve with audios of erecting in City, coal-oil, glue, refining, and other establishmentss.-Ultac i ok Gk eee ee ce ee 54 collecting raw, preen, or undriedbones,..0.) @) io. = ae eo 56 manufactoring bone-dust 2 200. nena a ov, = nul th ae gee ee en ec 56 non-compliance with reg Aigner concerning obstructions in Ohio River ie P.et>. 57 non-complance by masters and owners of steamboats with regulations con- cerning paupers and persons landed in The City, . . ... .:. . . 288 58 non-compliance with regulations concerning Privies, es) wets at ee ee 59 removing contents of privy-vaults otherwise than according to law,. . . . 289 60 public buildings, and property or furniture belonging thereto, injuring, _ aamasing CECT ac hoe eae heel 4 gt chi SO gL cua bce tehsil) 61 digging, breaking, displacing, or injuring work on a street or other public WAY oo is (87h, ei ude eh fees» LeNnRaer ea ea iy ney CN eTelecare nL 62 digging or taking sand, gravel, or earth from a street, without permission of Council cae eee : Uva ra Nee PAPA Mey ess ee Pe 63 throwing or laying dirt and SaBbiEh upon paved streets, alleys, ete, .. .. 290 64 permitting impure or noxious liquids to flow upon paved streets, ete, . . . 290 64 violations of ordinance regulating the deposit and removal of garbage, etc., . 290 64 maliciously. upsetting garbage boxes pezes Fyn - sass ee oea te ee 64 hauling or moving street cars on public ways and not on atrack,. . ... 291 65 lounging and loitering in public ways, yet ce \ wens tee le em ne em, 4 City hospital; penalty for defacing se (anes eee ee rs eee . 494 5 ‘City basin, penalty for violating ordinance eoncerning, ........ . 495 6 INDEX. 959 FINES AND MISDEMEANORS ( Continued), . Pace. SEc. rations adjoining public ways, penalty for not fencing in, . . ... . . 521 21 taking sand, gravel, stone or earth from public way without permission of Aneel ea LLOBT:. DOD GLiyt Seelam tegen, Prom enya lea Sols ye Mo ad +« 521 22 excavation in public way, penalty for failing to cover same, ....... 521 24 excavations in public ways shall be fenced in, penalty for violating ordinance, 522 26 excavations in public ways, failing to replace, penalty for violating, . 522 25 adjoining public ways, failing to fence in during night, penalty for,. . . . 522 26 vehicle, leaving on sidewalk between 6 p.m. and 6 a. m., penalty for, . . 524 45 horses or vehicles, leading or driving on sidewalks, penalty for violating RSL AE A tie Uh el Eben wR eee Marek S rsem od iniye 6! Oak 45 biggkesmithineg on sidewalk penalty; =a gC ee wes. We ett ge ce O24 45 BUDE MEE SOUSRIMCCLII OS DONA LLYE Mee: tne tered em SERN el oY aig SEA ei ot ass 4 op 4: 45 Be eRe DO ALE yee del th inart 2 edge ke MA ay Eke ine ee thr aA 45 sidewalks, obstructing with sn coal or other thing, penalty, ... .. . 524 45 pavement or curbing, penalty for breaking or injuring, ....... gy 45 sidewalks, penalty for failing to remove litter from, after work nytetad . O24 45 public ways, penalty tor failing to remove litter from after work completed, 524 45 sidewalks, vending articles on, penalty for violating ordinance. . ... . 524 45 thre wine ors pouring filthy matter on, penalty ¥ a...) was ok Dad 45 using unauthorized portion of in displaying goods, penalty, .. . . . 524 45 vehicles or obstruction in public ways, penalty for violating ordinance, . . 524 45 public ways, using unauthorized portions of in erecting houses, penalty, . . 524 45 sidewalk, penalty for allowing water to flow on while making or re- CENT GW Rsacr Seca Np Wee ay homme Bist thy MES QIN NA bP, Peavey Ean RA reae ais 3) 45 public ways or sidewalk, obstructing by three or more in a group, penalty . 525 48 BDL EITe Streeks WINOUL w MCENSG bin. ware ah: amen oes oe ta. lacastl ec Baletees «tv OLS 67 vehicle driver of, refusine toleave railway track... 00. 0.6." soho es 2 t. 591 23 railway tracks on carrying passengers, competing with company,. . . 593 25 owner or driver of willfully obstructing railway track, by standing CIVGVEOT Gs wimc cat ROR ete Mes Re er SMe Sal Rear ey sheesh: AOU e 26 railway tracks, willfully niaane Obstructioimeonhey Mie bears) ar ewes the 598 phy ears, persons entering anderetusing to Pay. farey we a ee wwe) O98 28 pureet-cary TUNING without numer OF WCONnSe sa. Bless hw foto hho ODA 30 driving two or more, in same dierction, unlawfully,. ....... . 594 31 irecimeration, ise and unlawtil penalty, 1.4 me a Us sa te gn few tortie « O42 15 a Ie aT DUNST Ges tuase ss Owe it Sa Uae 9 expenses of} how Teported: andspaid vi. Soe" hee es eee eee ene cod) 14 shall consist of as many companies as Council may designate, . .. ... 301 19 fire-engine companiés, of what each shall consist, "oo. 72 ay okey eae en eau 20 all persons connected with a company shall be on permanent duty, . . . . 301 20 all-meinbers of, shall give bond, 6 an te oe Ae ee eee 2] hook-and-ladder companies, of what shall consist,. .......... . 802 eso . officers and -employés'of, and titerpoantiess pny, afc. sy) sin hae ae eee 23 location off! aks at ae he a ip ee Pan ss Cn e n cen 23 INDEX. 961 FIRE DEPARTMENT ( Continued), PAGE. SEc. Caen Ca eUseiisemis fPon) LUesnerviCe ir neta: 1th tg ae hk dle oe ae eo Pawe 24 qualifications for tae ty LL ee RN ak ere te GEE ie 5 tee ce OU 25 horse-feed for, how furnished, BONE ible wn dik) oh Nei ae Aa aan» A) 26 selling and buying horses for, authority fon in whom v pat ee eels) eA 27 Poelr nese Marness SHON! | % wewawe waits wots Te eee x UG 29 any employe of, may be removed by the Chief for eoeetars causé, . . . 804 30 right of appeal of dismissed members, . .. . . 3804 30 fine for hindering, delaying, or obstructing feted in aie aicneere of ihe Oe eee eA eke Lee a ke Roe ee eC ear view 3 e7 1 270 33 PPPs UALOLUS, UNO LOT; A leigevan ts Se meu RE tits arto. 5 Meh le de 33 Chief Engineer, office:created, .°. ... RRER Mae Wien oa PACE Bei tan tls. hel DOS 2 election of to he by Gene a reruiaae BE OR TNE ao 0 ei ee Rts P| 3 AUtienie De CHU ned DY Ordluran Oe. vost Mth ee ce Rh wey hited piven | tue ooo 4 Sittenppone Uspartment em plovesenue mets: . kaw we Ss wy wt OOS 4 ERC UNO Tse at) tes: ik doy 1 ce UM CE ea 5 er Ae As OOO 5 ALT ae east es | fa 8 ase nf ak : hes Her es ey Mae Ao 10 shall be present at all abe. ant saneeint nd the Per miahiicn aereak 299 11 clothed with full police authority,. .. . ak tree easier a eae 5 OO! tay may, in emergency, employ an additional farce aera? ek eee LIUO 12 shall require persons connected with the department to ie a tre convenient distance of engine-houses; . ........... . 800 13 Petite Overt, CUCL OUNGI a Cre tem, eed Want arate al ini uteri eat OOO) 14 Day-rou snd expenses, 10 De Teported Dy; Ue. one altel. tales te ae) OU0 14 STB et Ol Ol DECHNEGI DV] sok Anh te wet ela eee 3k Ba ya eee BUM 15 shall control engines and companies in going to or from Aires 2A OA eS UA! 16 shall obey the orders of the Mayor and regulations of the Council, . . 301 17 Bia reuse iene OUblINe- OG) Same vine auras ets Ver uls Terars ee OUL. LS neglect of duty, .... AeA es iri EASES ACLs PW es Re vor con “OO 2 22 vacancies in office, how filled, Li Aes ea atte” ot. re pl tie Abe, OO2 22 MAGISUATILG GOS eet ie tasetga we ts Ota SPs Wek, Fatal RO a wha tear aieenel a? BOR 23 shall appoint laddermen,. ... . Peds ostn ebt reg Weyer) sat DO 23 shall superintend, protect, and preserve eins fire- Sbie telegraph, *...''. 3038 28 shall appoint employes in the fire-alarm telegraph service,. . . . . . 3808 28 shall appoint person to take charge of the repair, hose, and harness shop, and assistants, Fr Raa MOT ital "Rs wh ane. o's TOG 29 Deuaare WBOh ON uy sige at, «oon 5 OTTO ee ON eae la at eek OOF 31 CERIO TLOC Lr. be- Won Gel cies 1 pots ee kee er nis tne) a Pete oh eo tet as OOS 3) Fire-Alarm Telegraph. penalty for injuring, destroying, or interfering with, ...-..... 281 37 signal-boxes shall not be opened except with keys,.......... 281 37 no signal-box keys to be made or used except as authorized, . . . . . 281 37 Chief Engineer of Fire Department shall superintend, control, and DIOLORCL cogadh ee oor arn OE mes Ret ng Noe yO el iy ae AE nl) OWS 28 EIT Year. i iret eal ree ve, SGT RS Me ety eee soak aged gaara mabe. iOS 28 See CHIEF ENGINEER OF FIRE DEPARTMENT. FIRE HYDRANTS, Council may cause placing of on public ways, ............. 187 1 Water Company shall erect and maintain, ..........44.4... I47 SE UE WADIA vot ct. ge a) aaa tena. Eta aha per Be fee oad tontet ae ae oa E, 9 61 962 INDEX. FIRE HYDRANTS (Continued), design repairs, TENET - cceudet cs) 6 Reet histe <0 sere enna to be used for fire purposes only, permits for using, for other purposes, fine forviolating law,: ioc) +5 muses duty of policemen in reference to,. . cost of erecting, how apportioned, . to be supplied with water free of charge, . FIRST WARD, boundaries of, . . . . FISCAL YEAR, beginning and ending, . FISH, cleansing in public markets prohibited,....-....... sales of, regulated, . retell tame eee See MARKETS. FLAGS, yellow, shall be displayed from premises where infectious or contagious dis- ease exists, FLOODS, Council may provide against, . FLOUR INSPECTORS, under government and control of Louisville Board of Trade, FLYING-HORSE ESTABLISHMENTS, license required fOT, 9.0 29.5" + fees use rate of license,. . . adel penalty for not paying license, FOOD. See HEALTH. See MARKETS. FOOTWAY-CROSSINGS, Council may prescribe manner of making, . districts for purposes of making,. . . manner of letting work, execution of contracts, . . expenses, . . ae ee ee hy ke RL) wal Nt See IMPROVEMENT OF PuBLIC Ways. FORESTALLING, may be prevented by Council,. . FORTUNE-TELLERS. See CLAIRVOYANTS. FOUNTAIN FERRY ROAD, named Market Street, FOURTEENTH STREET, right of way granted certain railroad companies, . . right of way granted Louisville Bridge Company, right of way granted EH.’ & P. R. R. Co.,. . FOURTH STREET, tight to lay railway tracks in,. . south of Oak Street, . FOURTH WARD, boundaries of, . . 364 871 383 412 412 412 519 519 519 519 520 352 SEc.. GS. 10. 10 10 10 10: 36. > 38: 33. 31 13 34. 46- 55» 55- 55. It 12 13: 14 16. | we] hy? INDEX. FRANKFORT AVENUE, name of the Shelbyville Pike changed to, FREEDOM OF THE CITY, to whom may be granted,. . FULTON STREET, cost of raising, City bonds for paying, other bonds for, authorized, appropriation for raising grade, FURNACES, for boiling inflammables regulated, FURNITURE CARS. See VEHICLEs. GARBAGE, regulations concerning keeping and removal of, . boxes, ete., containing, penalty for maliciously upsetting, GARDENERS, retailing vegetables of their own raising not required to pay license, GARNISHMENT OF RENTS, for taxes unpaid August Ist, when unlawful, jurisdiction over, injunction against, when granted, . GAS. See Louftsv1iLLE GAS COMPANY. GAS COMPANIES, certain property of, suject to taxation, GAS INSPECTOR, shall be appointed by Mayor, duties and compensation, . GAS LAMPS, PUBLIC, injuring, defacing, or interfering with, penalty for, GAUGERS, hydrometer to be used by, general duty of, may condemn casks, fines against, fees, Shik lar act ty rod and scale to Be et by, See INSPECTORS AND GAUGERS OF LiIQuoORs, OILS, ETC. GEESE, shall not be permitted to run at large, . sENERAL COUNCIL, proceedings of, need not be published, not to be published unless so ordered, elect Commissioners of Public Charities, ‘ +) ka eee may displace Charity Commisssioners for cause Aa fil vacancies, locate charitable institutions in County, Me locate, establish, and maintain houses of refuge ana reform, shall confer medical care of Pesthouse, Almshouse, and Workhouse on ane si- ‘cians of Eastern and Western Districts, 963 Pace. SEc. 531 80 354 25 248 16 252 26 254 28 284 47 290 64 290 64 404 26 778 18 784 26 784 26 769 5 3 Ad) 41 O20 41 281 38 383 48 3883 48 384 49 384 51 384 4 385 DD 281 39 6 1 7 3 88 1 96 4 98 5 98 5 964 INDEX. GENERAL COUNCIL (Continued), may furnish vaccine-matter to physicians of Hastern and Western Districts, require of the physicians free vaccination of the residents of The City, . . shall provide funds for maintenance of City charitable institutions, . . . pass necessary ordinances in relation to City institutions, may visiti House of Refuge, cht oii). 5 sameeren Ne cae shall elect managers of House of Retuge, =. tee) 20, ieee ee levyand collect. House of Refuge tax, so) se eee Paty Ee pl 2 anal approve all House of Refuge charter amendments are managers of said institution act upon them), \, (.. 0 deus eee eee Re may pass and enforce ordinances regulating House of Refuge arouse 5 shall elect manager of the Cook Benevolent Institution, ......,.. shall not entertain any claim not made out according to ordinance concern- ing’ Claims, 3/0 ave pista fee ae pele ee oe ee may order condemnation of property in City or County,. ...... shall approve all City contracts before they shall become binding, reports and notices to, by Engineer, relative to execution of work under CONETACE,. ° ve see SS oS Ea Teale ae elec Sn ee may cause building of bridges over Beargrass Creek at expense of The City, may cause streets to be paved, graded, etc., at cost of The City,. . . may contract with Jefferson County Court in relation to interests common to City and County... yeaa. : ai partner ane eh to control, jointly with County Levy Goa the oon sailed Ree coh rt members of, may be fined for not erecting and keeping a suitable jail. . . authorized to appropriate sums annually as additions to salaries of Judges of Louisville Chancery and Jefferson Court of Common Pleas. . may provide yoting=places and) precincts, . (seo) cian lunes ee ee ee appoint officers to conduct City elections, . piles die eaten oat shall pass all needful ordinances for Engineer’s department, ....... may regulate the keeping and storing of inflammables and combustibles, . express permission of necessary for the erection of coal oil, glue, and other esta blighiiteniises lene. ee : Me ee ee he ng Pe ls may permit obstructions to be placed in Onis ie er, may cause removal of obstructions in Ohio River, .. . , ae shall provide for the establishment and maintenance of a Fire De parerent shall provide against fires from defective fire-places, flues, efc., . ..... may retire old and disabled firemen on half-pay, 2. ij. .92o. w)-a ee may sell City’s stock in LouisvilleGas Company,. ....... Tad ten concurrence of, in amendments to Gas Company’s charter required. . . legislative power shallibe in peo Ce ee aan cae ee qualifications. of “members;., gee ees Rep te pany shes. f vacancies occasioned by ineligibility, how filled, Be? ey ee ARETE LEN re offices of members of Council and notary may be held at the same time, . representation im, (5s: Gapeisika patie Ueto Selita Net eae eae ohne caine a Aldermen, election and) terms*otje)es ; a certan en eee onan ee eee presidentiof ‘each boards). 5) speek gh. 9 ete ome ey control of its;members. by each; board,:. <.' 61 6.9, eae en ne een ee quorum and attendance, .. . a PNR Re OH hE Pie Ei ats ih Wy Pe gone = each board shall elect if clerk, deans his cee AITO TXT LS De Vole nay sees each board may elect its sergeant-at-arms, define his duties, and fix his pay, . proceedings of; declared publictrecordsh in . 5 60 cmeree nes eee ee een PAGE. 102 102 105 105 118 128 128 129 131 131 SEC Co oc ~TI +7. comoomtnNI Doe KP OOD HK KK He INDEX, GENERAL COUNCIL (Continued), Te ILM PROOMLAY) Os Mae Set aniis MED taceremcg a.) no) sili lo ule a peas Slip Perse) Clk y. ELAN Sh red erst MEW: sm we vee day of general election of members, ;.. . ..... 2 «6» Dramelioerine titer OLOOLUON | huewice ae cit Vee hl sg Rae ialenasl 5 We Ate aa, pale ary Sie remerheyery two pweeks.s fF. aU ley ht ah Epoy en wma adjournment of, shall not be longer than two weeks,. . .....-.. first election of members of Board of Councilmen, ....... terms and elections of Councilmen, ...... members exempt from jury and military service, . . . 2. 6.6 «>. members shall not be questioned elsewhere for anything said in debate, . . Pe CMC ram AE WELLS cor ry gra ork RAN Me ght ot pil sn INL ee MANMSr OL passing OF AMENCINS OTCINANCES, sis ug fos Shae oo le wel propositions for raising money, to originate in Board of Councilmen, . . . shall not permit exemptions from common burdens nor grant exclusive priv- WE) SC ee ae , f an ne EAT eet hee batt Ha shall have power to pass all riences required ‘ carry out powers pranted TAME EGR AT LATIN, Sah 3 Cine nt AM hte pesmi ey AC HL eh eM est so igh appropriation by ordinance necessary before money may be ee from PLOMEU EV Seed e Lola a e/ io Laas wg ete ieatey te WER ere, eek Gres power to pass ordinances imposing fines,. . . : ma gwecure toowners of dogs’ protection: Of (same; 0) tar oat erie. wee) Toate evve Ais bi bek OUI oe ales) sec: cheese eset teu eaten ylank ape ie powers, with reference to wharves and harbers,. ©... ... . 4... Ey eT gia ook ban ae a pee a aa ee eae Mie rege ier eer ace aiaens LRN OEE AA, Re eter eet hd ne eet FS EAI U0, le oon, Set ene, ch Ae OM ye SLI LP PEL OES My eel West MAL. Ns Ole Mote! eS ae ae gel eds PRECLION VOU WOGUeTE: DELON ES. iba) hu) aaa Nets o)sh oh onda eect catile Le inflammables and ores ena ee Lo: a public ways, public grounds and buildings,. . .... . DrWdeoe an (CULV GY tiers ge see) se8 2) ia st oe oe ENTE 2h yaa Be eR Eo oy FORNUL S Me SPS arth Wy ae emee te Re eae va wa De 5 aA lnepertion.< wile ntsy Clem se ose... \atet ta howe BN rac OL eh CHICIONE AUR As sb oleh cans an Mee Mad MTT teer as vst Vah HU ol aS elk’s may pass ordinances and impose fines ip enforce tne Spates of Badan may annually set aside the Secret Service Fund,. 2... 4 ..2 ess oes MG vemraniabiontreodom Ofilho Oy ps) ek serene lenge ky ee Ls we. vali al oa MA v OCTANE SUN DLCs COLNE DOGT.. a rx) th site le: ey Pemeate el sp atPs 5% 25 30,010 6 Plet] Bebero er OR LI Ole bah orto tk STs ed eee aio Se a oh te Clerk of Board of rant onene CULES Of ee ; Mierke DOHLU-Of POUNCE. CULTS 01, .teael aca: Wh cules. s/f tcce Las, eels shall have power to carry out sanitary regulations by imposing fines and pS CO ae ae ted tire ur oer ea tee, Pore pra the shall elect six physicians as mem tee of Board of Hee aie Ser iAw era aay. BHartieipocer Opti: OIGEr ss «is. 20 eae re ees te Phe Creer ae ay Mote een 4 Board of Health shall report once a yearto, ......./.. shall annually elect a City Weigher and Inspector, ...... quarterly reports of City Weigher and Inspectorto,........... licenses granted, applicant to be notified by clerk of,.. ....2..... MSIE UO LCIRMSLECLN NIN gg sy S)ae Gc. cds ae eb aia) ds Sy ogo Wa ee eet MPR RORIECE ME AIEOWELOU YS Cr aie eg aa EC RAY oe tan Java ome ed hehe ne seers PAGE. 543 355 344 344 344 345 345 346 346 347 B47 348 OC Cw Co CO moe. — — bo w& - ~ Ou Or . ~ Co Ww C OG OF OF OF tH O& © SO CN ONC On ot id SS el Ree | Se Py or oO bo « ~ Cc o-oo C9 CIR NIT eae Hm COW L ic) Orv or ~ o> Od Or oo bo os Do he bo 7 ~ Hm He co CO GO CD bh nee co co Or 965 SEc. 10 27 11 11 11 11 12 12 13 13 14 15 16 te 18 bo bo He CO “7 Or co bt bo bw vo Cc oO —) 966 GENERAL COUNCIL (Continued), PAGE. may by ordinance license employments not provided for, . ; 397 grade and class every business, ... -..... oP Ont limit license for period less than one year, . . Vea es 397 allow literary or charitable entertainments without license. 397 may permit transfer of unexpired license, ... . - 897 all licenses granted subject to right of revocation by, : 399 coffee-house keeper’s license, applicants for shall petition, 406 petition to beacted upon by ...... ay fae 406 license granted, applicant to be notified fnreien Cler Ev Gliese 406 coffee-houses to: be-classed "by .7 sy 2 os Nae pee 407 second-hand dealers, bond of, to be fixed and Sppread by, sols Pa tavern-keeper’s license, applicant for shall petition, 423 petition to be acted upon by, . . . : 5 : 423 market-master’s bond to be approved by, .-........ ; 430 leases of stalls in public markets made subject to approval of, . Saphe, bi! duty of market-master to report quarterly collections to. aetoe EP aa eee it F5- shall prescribe fines and penalties for disobeying orders of Mayor, when, 442 may pass proposed ordinance disapproved of by Mayor, when . eta See Mayor may'convene, for special ressonsy ts. ete eee ‘442 shall elect Mayor oro tei ae ple oN: CET Re ped at et teens ia allow compensation for pro tem. Mayor, : . 2 445 fix salary, maximum stated,. .. . : statis eee to fix compensation of Auditor,. .. . 2 . 465 TvGAasirer.d sf en wee. Ay Per ee ariic cas San , hk ek Aesessor 2%. serie Bo se 465 Hevelver Ole Vax een... chee ne eal { 465 fill vacancies in certain offices, Rca ee 466 members of, to take prescribed oath, . gag : 467 officers, may prescribe duties and compensation of, STs et ghee 469 member of, receiving money for his vote or influence, penalty for,. . . 469 salary Or clerk Ol; Gr ery set nee gees fe phate! et 20a ahs naan, a eed Sergeant-At-ArIs, | 95055 eta rere : fa se AE DUG. ties cota bs , ; Wee a ahs) eee ‘ care pr esident of, member of Board of Police aes 3 : . 480 chief of police to report monthly to, ..... 5 thoes PEO: public ways, to apportion cost for making, 5 ee) Cae ene, ces Cama EoD property owners may be permitted to improve public ways by, . wie see public ways, to assess for cleaning and repairing and for making footway OTOSEWHY Smaue bo ee otag ee Ee ek yA ert eg SRLS 515 street improvement committee to be annually appointed by, . . SRT Re public ways, contracts for repairing, to be confirmed by, eke Lome ee hit amount and character of repairs, to be determined by, . ee Oa eU Arbegust-street railroad track, may grant privilege to manufacturers and others to connect with hy switch, rust acim seuss ce eee coe flagmen.at intersections of, may be required by, ........-.-.- + 606 Ormsby-ave. railroad track, may require flagmen at intersections of,. . . . 561 Chesapeake, Ohio and Southwestern Railroad Co.’s A street track, may per- mit:dthers to connect with, ar Bs os as eas ee ee eee 564 may require watchmen and gates erected, ..:.-.:... «+... . 660 INDEX. SEc. m bo bh tb OO ow wo So INDEX. 967 GENERAL COUNCIL ( Continued), PaGE. SkEc. merchants and others along route of L.C. & L. R. R. may connect with, by switch, on getting consent of, ..-.... tits Woe helt “00D 55 bond of company, before laying track, to be approv a ne conditions of, . . 569 59 flagmen at streets crossed by railroads, may be ordered by,. . ..... . 572 71 Louisville, Harrod’s Creek and Westport Railway Company, lease, to be BEC Val eats cee ot Ue eee dee at Se heen aati nt «OAD 84 ReGiliy CIVEN, AI5O LODEIADPTOVEH DY 9. oa edies as tesa sw #4 ei kee OVO 85 railways, street, empowered to pass ordinance authorizing construction of, SMELT art, tt eee Sale” © eae we Me a oe eS DOU 1 Manpowered, to.reject.bids.for franchise’... hse if a eet we ep ee ee OSG 3 PateaschO peenees UG, TOA RMU Stabe tT. alee a eh all ar a Oo Oa Pen hie eth (DBT 4 obstruction of, may pass ordinance protecting, ............. 587 5 io eeeoworcdand repuliaved DY, farc eglet ss cae ae onal (care ec ee OOD. 9 tracks, to consent to, ..... Pee oh Lao eM Nes a eee (Sige, DOT 10 City Engineer and, to direct manner of Ia vin og tratkensne aay. beae ao. et) a O88 12 rails of street railway companies may be removed by, when... .. .°. 583 13 Career RUIy OF LO. Drescrine tlie RCDOUUIC. myn alin ke ha <. yay eh eae Gules OOO 14 bond of railway company,to beapproved by... 2°... wu 6 es et ee «689 15 AM EMIaty COLLSRILIN Gi ye f tg nA'e’ Codi ng) SEEM YA Mos LEM OE eRe gha” ts bi ted cnalet sree ge 57 O0U) 18 railway companies to furnish list of pincenaidess Chg ee eta a Dua ty | 21 tracks, empowered to grant other companies use of, conditions... . . 591 22 public ways, to prescribe use of by street railways . ...: . . 6. .7. 594 32 Louisville City Railway Company empowered to operate on streets consent- (6 oh NM ge? BO hy yes Wal Th bes Sytcty Lory oki Ata SRE s hese Oo 48 Central Passenger Railway Company, to remove tracks Les ordered by . 612 101 School Board annually to report to, on pupils and property, ..... . . 653 t Commissioners of Schools of Louisville, to elect and fix compensation,. . . 665 21 sewate and drainage, may divide City into districts, .......... 688 4 Raecae DLOUGLUY ON pa wile tOlme se. teens tt ee ee ely ete oe we ty O88 5 Commissioners of Sinking Fund, to elect three members, .... . - 092 2 treasurer of, to furnish, annually, statement of funds, receipts, na phe DUTHe LGN lw Wl Siem aoe ae WG en ey ee a AAS i at oe (OOF 10 PNG WALL OL OT CAIISCs DIANNE Olerina cies Bee ee 2 Aen te le oe 695 Val members and treasurer, may give compensation, ......... . 695 13 Sinking Fund, may charge with payment of debts, when, . . . . . . 695, 14 licenses, may change mode of assessing and collecting,. ...... . 696 18 taxation, may levy special tax on express and insurance companies, . . 702 40) resolution, on written recommendation of City Engineer necessary to extend Pier COIN DIC Ol COULAC UM EES Vans a city. cetchs le dahag a rd AO) 10 necessary to entitle contractor to pay for work done, ........ 711 11 disqualification of members of, by failure to pay taxes,. . .. 1... .. . 7857 29 Finance Committee of, shall give Tax Receiver his guietus, . ... .. . 785 30 ie ilatoets LVOCOLY GEOL Olt Vat AX Oe teen Mitr et rots sie) sl bol Wied eee sole® | CSO 30 miny reculate offices of Assessor. and Receiver, . . . 2... . ds +. » 186 31 may pass ordinances to protect the works of the Louisville Water Company, 854 23 authorized to buy or lease and improve grounds for wharf purposes, . . . 860 1 mayiseue City bonds to pay for wharves. 6-2 «6 oe a te ee er 861 3 authorized to buy, fill up, or improve Beargrass Creek, ........ . 862 7 Mime Meera Ve tee ICLEr es: Ver ty ene al de el a de cele ee Pr OEU 31 968 | INDEX. GOATS, Pace. SEc. not permitted to go at large in The City,. . . . ree Abe 17 found going at large, may be taken up, OGRE aah Aiandaed of: PREM eee Yb Ye proceeds of sales of shall be held subject to order of the owner, . . . . .. 879 17 places for keeping, when taken up, .. . Ry egerey oh 18 owners of, may have them restored before or hs of ales on etre of costs, 879 19 one dollar allowed each person taking up, ..... ikke wires aie 20 unlawfully preventing or obstructing taking up of, ae aa Ae Bee i ST ashe U 21 fees taxable in each case asredsts, (4 tenses eee kas eee een ee 22 duties. of Marshal in reference to,, 4 3.4. fh. osu.” a ome ee en 23 GONGS, ELECTRIC, required to be erected and kept by railroad Le at railroad crossings in Ube, Cuy, ae ea ¢ : 886 43. to be placed within three Eros ane males me supervision of ie City a. Engineer, 2... Ae rare eer Airy vals) of te set) 44 fine for non-compliance mt ae ene sitio | VR be Otte FU re re gee ka eee Cena 45 GOODS AND CHATTELS, how assessed. for. taxess*) 403." We a isd a fete) Oe Oe Ue eins A ee 8 GOVERNMENT BUILDINGS. See FepERAL BUILDINGS. GOVERNOR OF KENTUCKY, may discarge Inmates from the House of Ketuge,) iar. ioe te teen oe d+ GRAIN, INSPECTION OF. See INspEcToRS, WEIGHERS AND REGISTRARS OF GRAIN WAREHOUSES. GRANITE PAVEMENT. See ImMprovEMENT oF PUBLIC WAYS. GRAVEYARDS. See CEMETERIES. GREEN-GROCERS, rateof license, =...) % RDS Sha Tae tee enn amt oe 57 may sell fresh meats : aid fy ash segatantee Pea: tea itor tte) 9 APP ah lay Ae 57 to be sold at place'désignated-in license,t ates. 1a eres eee 57 penalty for violating ordinance, ... . nel Seon Rae Mee eee eae 57 may sell fresh meat within four squares of a mar ate Magee PRAM erste Tair, one he, 15 GROCERS, may-have beer-house license. ogi. se fsa mee Rhy oe eee ea 86 applicant-shall present petition, "4. hs sisst ane se ee eee ~ ALD 86 what petition shall contain, . . . ee ee A ited) pg 86 penalty for retailing liquor neat ise Rate oe sir oyster) es CeCe Eee &6 GUNPOWDER, shall ‘not:be retailed to minors.) i) eis) ie et veut pecs ak he Be ec ere 46 manufacture of, in. City. prahibited, ot 0). sei-aistred cin hence seg oe 48 magazines or houses for keeping regulated,. .......:.°. +... - 28h 49 GUTTERS, obstruction of, with dirt, rubbish, e¢c., penalty, . .. . Ceo Soe pire Bee 282 40 See IMPROVEMENT OF PUBLIC tee! HACKS, what vehicles deemed and called, ..... ‘ 830 36 printed, copies of sections of hack pe trates duplicate of Hoeeee: He statement of charges to be furnished to applicants therefor,. . . . 830 37 NUM DETING, oe veces 5s Pe wEp eM ts cums aheme she Cebear ee dr Ted. BSc he BBG 38 INDEX. HACKS (Continued), copy of ordinance, name and residence of hack owner, schedule of rates, . and duplicate of license to be posted inside, ........ persons other than licensed drivers shall not drive licensed hacks; fine, regulations governing drivers as to conveyance of passengers, charges, post- PU aTECHACOM, tL Ot? (re Seay cRNA te aol etn ee Os Bias alee tno, 8. die PR eee 2 fei ote ye 2°) ey Wn ee ee hed ee eas hg he od fine for not complying with requirement,.......... neglect of vehicle and disorderly conduct on part of drivers, . drivers required tovbe licensedy: 4)! jk. 3.) hare es my charee toraualy license, = 4) <; 15) skbeaeepsel sake? GRCCLARC MITA Sha oF. 18 R Bae) lee ee Sea rine GLOUCanead GTivEr sng har oe cel ee vod 1 idvewed Mate eye, st) 20h obs drivers or owners may not demand nor receive fare unless notices are posted as required, nor if excessive in amount, ....... duties of owners and drivers as to conveying passengers,. . . .. 2... - fines and penalties for violation of hack ordinance, and liability of owner HCY CTI = a Nels. Nemes ay ener a ee eee, cat, ee Cin tt de Mie eenrerirec VETO «GFT Op hGys +52 Me 0 tre Aine "eee ba eeee saat of Oye forfeiture of license and disability thereafter, . . . . PaO Lian COs Witt OFGinanced: ON fOrcOd oss n- Bim) eet Mob .t tbe Sc ws ude de ie" bs PEM ANOS DTIGCS Herat se OO Gs [oti i mene Wie Ged fee ene ae) Aas malo) oll Mit ber. Ol passenpers limited. cate weve up ae ul Cone Pavers aT O.1OT CHILTON ewww cia, se emac ene ae core oe ek liability of drivers or owners for breaking engagements,. ...... CEPI ALONG £510 Ae SEAN CG aragin, (us oy) RN ge ad eanor ay ena tee teaver. 0 ty g See V EHICLES. HAND-CARTS. See Porters. HANSBROUGH, J. G., acts of, as member of Board of Equalization, legalized, HARBORS, Council may provide for widening, deepening, and extending, Doatatanchor in, sshiel lpayewnariaeen gras mental cot eee ed os sie) ey te permitting boats to sink, through carelessness, in, a niate LOT een dee Rr. ¢ masters and owners shall raise sunken boatsand cargoes,. . . ...-.. HAY AND STRAW. See Ciry WEIGHER AND INSPECTOR. HAW KERS, mage DOOTeGUITOd, LO-PBY TICGU SUM rah: Gets Meee ded es oe elena HEAD-TAX, See Taxes. HEALTH, stagnant water or substances deleterious to, how abated or removed, .. . sale or offering for sale of unwholesome articles of food, prohibited, . . . buying or offering to buy unhealthy animals for slaughtering purposes, pro- BaDited 37. Mae we Petes ro SUE MR ROS hy es GON alto ERNE pel Sied os be animals shall not be slaughtered, dressed, or hung in public ways, .. . HEALTH, BOARD OF. See BoaArp oF HEALTH. HEALTH OFFICER, ae Chaleolen ORt SNe tami mis 3h are ee ORY Fi eh cette AMR SD Ree rea cae ET Yel OTITIS. or teens ys!) cata” Si, hls MU Se teak bec Pn fe ona PAGE. 850 830 831 83 831 832 832 832 832 832 _~ Oo ww SEc. 45 46 iS MS 970 INDEX. HEALTH OFFICER (Continued), certificates-to before permits granted, 03.) eau esd eae ye ee eee te faillure:of, to grant: burial permis: evel. ism. he ee ae nee ee eee monthly reports to, by sextons of cemeteries, . office created, sol : election by Council, aie term of office, salary, 4 SNP Ten cee pO may order en remov teal Abatement or creation of nuisances, as when duty of to institute legal proceedings, for abatement of nuisances, . inspection of locality and houses where infectious or contagious disease may exist, ene se death poruiicates to be presented to, . S eAne am ees empowered to institute inquiries in the absence of a Heath ceeaienre or cause an Inqiest'to-bemeld, = ay ete) same screenees ee hours during which shall be on antral Se oe 92 ees ew ee eee es violation of provision as to time he shall be on duty, a patient reason to cause him ‘to vacate bis officer.) Vo 05 05 eae eres etree een physicians in the several wards to assist, in vaccinating, . to visit all schools for purposes of vaccination, . HEARTHS, construction of, regulated, as precaution against fire, /:.. .... 4.4.46 HIDES, fresh, raw, or green, having or bringing into The City, HIGHWAYS. See Pusiic Ways. HOGS, SHOATS, AND PIGS, not permitted to go at large in The City, . site found going at large may be taken up, impounded, ana qapeed Aye proceeds of sales of shall be held subject to order of the owner, places for keeping, when taken up, sie eee eee CNS ek tee aa te owners of may have them restored before order of mate on are of costs, one dollar allowed each person taking up, et eee unlawfully preventing or interfering with the taking up of, ....... fees, taxable in each case/as casts, sit = eee ee duties of Marshal in reference to, HORSES AND MULES, unlawfully using, in public places, fine for, . rae « wounded, maimed, diseased, or worn out; fine for ‘aie out to die, HOSPITAL, Louisville Marine (City), placed under the control of the Charity Com- missioners, clinical instruction at, {9.7. = 202 4 a? Ph dest toe UNG Coat Pehapeces mine HOSPITAL, ERUPTIVE. See Eruptive Hospirat. HOUSE AGENTS, who deemed:t6: ba. >.) aan ee ee shall pay license, rate of, penalty for not paying license, real-estate agents not required to pay, Nee HOUSEHOLD GOODS, subject todd walorem. tax; .,0,0 en mee nena el eaet fed fed —_ CO Ww Deo KB ODD OH KH - Dw W OO = bo Oo w 43 19 22 INDEX. 971 HOUSE-NUMBERS. See BuiLprinas. Paat. -SEc. HOUSE OF REFUGE, LOUISVILLE, Board of Managers, SREREDOLGULOMS 1012, ona! Lhe. We: mad ae ee aE, VA grein eee ae LT 18 WULPORBCSH, b=, 6 Semel ahaa eee RAR a res Se ety oie on am ety ld 7 18 corporate powers, PACT Ley ae ee, TERNS RO Se Pe TTT 18 limitation on re ‘all estate held Ley cerned: eee ees crea ih ae Mase A oe Ah. F 18 BSeMUioU Tr ONMIAXALION p40 de eoceses ease: Gril: Lee Coe ee LET 18 WU DAL, 1G LGChlOn Ol, ss yue re ie een We ed OL ed a eet wee i eee A 19 Vacancies, GlowiDility, ere ci sige Foe keane ee Ne pame ne n yk 1S 20 whom may receive into institution, . . . ae. SUS. wre) en hs 21 Larma and conditions of receivingainmstesyra eo. oc es «ceed 2), 118 21] Powers Hionsrererence. ti iNInhles Mawes hnean ewe. erage ad Atel Soaks) 22 may make by-laws, appoint officers, ete, .......... +++... 119 23 Peoria, «Lo toe: legislatures th roksan was ev oy a Leeann tay edge eee iss PAD 23 et PeOMEL NA eLCOLION Olea a... Koa) terete hake Mane ae etey On, Om a,” cod Lae 24 PUT MGr POG COU. GE: TIL Gsovey) eal: AB eee a ee IC GISED AA tetas ee aed lr LSS 3 PeTinisrOiwOsCG, QUOT > BUC cane ant ee Boar el ee ek ee ey ereae Dot eke 38 SX OMI PLM LOU ULY-sOLV ICO A tee Mee ecto t cere gehe 40s beds ox he za ee” V20 43 muLuorizedstorsell a: WOrtion- Ob ANd, 2 seas cel Phe ee tant se ten Pete. et Lk 46 may direct the use of portions of land for cultivation, ......... I1él 47 Commitments to, by Jefferson Circuit and Lotiisville City Court, ........... 122 25 Prescribed MAGN Ole areca pale aS oe ae eu eee ae. 8 Aik Dy koe 76 of juvenile offenders, by City Getic ORE SA Ts Ieee ed mn is eee ae) at private-cxaminations and trighvDStore, 58. bess seeoues Re wee ee) L 2D 28 notice to parents and. guardians) before.) .° 7 .4..5 02) 2 . ‘ : preparation of ond: heal curbing and old materials, POUT AUOM sae ak sete ees intermediate layer, .. . SD CLONES Cig eee Sige INA DeChION Fe werent Ye rule governing contractor SEROINE tee «Bh aloe kee preparation of road-bed, curbing and old materials, BOLT TAONT fe): ys tees . block-stone ‘pavement, [2530.0 vi. the la. PAGE. 722 722 122 723 aot 1 oT +1 wmwNwN we we HR He HCO 15 19 56 59 61 INDEX. BTAVGl nas of rile aes pavement blocks... was ketie:s TNS PECtiOn, wuss fete uu eee rules governing contractor, . with Macadam pavement, .. . PTAMIN OS kk cena. Reg y preparation of road-bed, GUE DIL ee Mee oh Ponte aoe nse PULLGER, Sok) 0. ars’ eye se ohas emceatcaes ues 5 an ee election, term, ae number ae juntiebe : commencement of term of office, . . potas ots . kgs Pe eee tn eee duty of retiring justices to turn over peek Geeouges etc., to the justices under the: New. act, so. vu wet ete ae cok | een ne ks ae eee oldsdistrietseabohshed, "2. 2) sane Meet eta or A a failing or refusing to Spee aa statute relating to their election ari term A DirisdemeanororA: tt 3 ae Cae eens districts not.to bei altered by,County, Court) — a 2) eee eens cue es have concurrent jurisdiction to take bail in cases of misdemeanors charged, have original jurisdiction to take bail in felony cases; JUVENILE DELINQUENTS, may be committed by certain courts to houses of refuge and reform, . . KEELBOATS. See WHARFAGE. KEEPER, of Workhouse, duties, . . . : LEN EN ce Staten aes KENTUCKY AND INDIANA BRIDGE COMPANY, incorporation, 1 ta Ra ae et a a ce UMA LIS Sat Sos, cree RRA | ke ell COTPOTALOLS Fie Meta | toe cote Mena UnSEetnd) 2) ell Cee eee ae eee woneral POWeIs sgt yikes eee eoce che eee eee) ens specific powers, . . 2 .°. SY ee rte ee SAL a power to condemn land, meas of proceeding, privileges relative to the bridpe, oy i... ee). epee een Cee ter eee may borrow money and pledge property in security, Capltakstackey a cosy wk Rey cect ties bin RY as. PRION Anes id board of directors established,. . ... may contract with railroad companies, . . . siibscriptions to, stock, 26 sone. meee gare ln Gene firstjelection-ofsdiréetors, ont, Ve youn te 20a). coe fia eee act oL incorporations public. act, eyes S .) 2 oe) Spe Seen additional powers giveny lio0 A's) Po usae ght 5, oe pa ean eer may. consolidate, issue honds,etts <0 a ate) at ee ae ee rightof way ‘granted by City.of Louieville;. «5. jis 2 ee revulation ‘of piers,;abutmen ts, ecc.) met. 7.0. omens) ee een nn PAGE. 52 52 52 52 52 52 Ho at m On b 71 t 114 42 o . 43 SEC. He bo cr oO Or ~I +I CG © WwW OO oe) oe) INDEX. 979 KENTUCKY AND INDIANA BRIDGE COMPANY (Continued), condition of grant as to time of completion, rate of speed of cars-and locomotives, 4m granted the right to lay tracks in Canal Street, KENTUCKY STEAM-HEATING AND ELECTRIC LIGHTING COM- PAY, incorporation of, . capital stock, board of directors,. .. . 2 : : powers of, . guard UK Ok, TY CR al ea a ee ct enn, een OE Gree srt A Pe eee may make by-laws, . . . aa KENTUCKY STREET RAILWAY COMPANY, right of way along Fifth, Chestnut, Brook, Oak, and Fourth streets, conditions precedent to grant, . Engineer to supervise construction of, ; : ; Council must consent before new lines built, . . ... ‘ : Kae may build other lines, : or may borrow money, : : 2 : LABORERS, liens on buildings for compensation due, .. .. . P : PE MMT EO COU Malet rac N a. oh nc) at he tem Hours to constitute a legal working day, ~ ..5 2)... 2 eee nine hours on Saturdays a legal working day, . eae 8 es See Mrecuanics’ LIEN. LAMPS, GAS. SEE Gas LAMps. BAND, what regarded as for purposes of assessment, : k See TAXES. LANDINGS. See WHARVES. LANTERNS. See Excavations. See Pustic Ways. LAWYERS. See ATTORNEYS aT Law. LEASEHOLDS, Suter ens tor GLY tax OS, Bonne “ORE emake. eye we Me ots lien on for City taxes superior to all claims except State tax, . . .. A See TAXES. LECTURES, enteric tek chs ges Se Mal Tiron ol on typo ke eee Reverb wom scien tilic. SUD OCIS, “ie geaees cen eB ie Un see : ‘ Seaman a GOO. (i. NeSCOGOT,. cen a aN ateg nt cate Jat “dy se ah ww ta Maa ey LEV EKS, may be constructed by the Ccuncil and the cost thereof apportioned as in eireermonsiyLelion, x(n Ge eektae wl nwt k's tae LEVY ORDINANCE. See Taxes. LICENSE, General Council to provide for licensing businesses and employments, . . . may license any, business nut designated, . . ..... : may grade, class, and fix rate of license, ..... . ae trt ih icare ks AGC ees int. vee mets, Rel amare. i Ne. Cala ae oP 5 Maar auese be Pace. SEc. 47 40 47 4] 47 42 796 22 797 23 797 24 197 24 797 25 623 142 624 143 625 146 625 147 625 149 625 150 453 iy 454 18 450 29 461 39 9 4 783 24 783 24 411 53 411 53 411 53 871 34. 8395 ao Je) ~I m Co NW 980 LIC INDEX. ENSE (Continued), literary and charitable entertainments not required to have, unexpired time of may be transferred, . . authority for licensing’dogs, .”, .. <. under management of Sinking Fund, . . proceeds of to go to Sinking Fund, .. . tratsiers Ofnc. eevy: ea sik ene Jee ae fine for non-compliance with license laws TORE WHOL om a er ole eo ieee ge eens wee revocation and forfeiturd, 4. 8s ae nt where more than one pursuit is carried on to license separately)... 0.4, “x. shall be paid into Sinking Fund treasury, Who shall procure, SrEnitectsy:” Wow emats ot ae wa 5 astralor eran”. 22 cera) sees eae SUCLIGIIOEIS Was ck tee ae i eae TNR Fe cram gis PENI al date Bar ee eI billiard tabless.ces. 2a ee Cla eee butchete: tice. Meee een oe ee ae hucksterec& sa eabaat i Sat eee Cattle-brokere seo 2 a4. Veale we ghiropodiste, Gols ala aati RIT OUSE BES, j> MAT sits fl eae Se ie ae pension and claim agents, ..... CATING VATIbS, 5 2) dee ee later ordinance, .... COTISE- HOUSES) Mew tee Ve leieed jue commercial Agents. so7 £1, nt, milch cows, dealers in,. . . . Gistuilers, 2 sf\s. 0) tp ttle 1 eae ea Og a.0 WETS ail, tein os Game: ne Chin “houses, Veta ek ee OXChan Se OMCOS 9 ny hee. er cene lectures, persons delivering,. . .. . exhibitions, theatrical. a) Ave eae éRpress COMpanhiee, 2b. Wet creua ls flying-horse establishments, .. . forbune-tel leray ye so lcre, (ee yt (oan oe TSLERSPAte, | hh holete.. freee Leen nea HTOON- STOCEDEA 21 aka Pare oe house awe te, uc 9” ae Po Na ee importers of malt liquors, .... . agents for malt liquors, ..... Insurance COMPpPanIGd Aa st Ane intelligence oiices, >s 74 ee liquor merehants; 92%. esac & livery-stable keepers,' ..... lottery-office keepers, 4) 2.0, mercantile agents,. ... . merchants and dealers,. . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . ~ - . . . . . . . . . . . . . . . . . . . . . in the same place and not into City . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . > . . . . . . ° . . . . . . . . . . ‘ . . . . . . . . . . . . . . . ‘ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ° . . . - 4 . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . - . . ° . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © . . . . . . . . . . . ‘ * . each pursuit treasury, . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . « . . . . . . . . - ‘ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . PAGE. 397 397 398 398 398 398 398 399 399 399 882 401 401 401 403 404 404 404 404 405 405 405 405 886 . 407 408 408 408 409 410 411 411 411 412 412 412 886 412 412 413 414 414 415 415 416 416 416 882 SEc. 21 23 26 26 28 29 52 53 53 54 55 56 39 57 58 60 62 65 66 67 Lot) ie “4 76 32 INDEX. LICENSE ( Continue), patent-right dealer, pawnbrokers, peddlers, photographers, pool tables, . pork houses, porters, ...-. public balls real estate agents, . liquor-dealers, retail beer-houses, and dances, drummers and sample-dealers, second-hand dealers, . shipping agents, . shooting gallery, skating-park, skating-rink, roller sprinkling carts, street-broker, . . . swimming-pools, . tavern-keepers, retailing liquors, ...... not retailing liquors, . telegraph companies, . telephone companies, . ten-pin or bowling alleys, tobacco warehousemen, . dealers and buyers, traders in private markets, . veterinary surgeons, cars, street, to pay,. Louisville City Railway Company, to pay on each ear, railway companies or assigns, to pay, on cars operated, . . . . Central Passenger Railway Company to pay, for cars operated, . Crescent Hill Railway Company to pay, for cars operated, . authority of Council in the assessment and collection of,. LICENSE INSPECTORS, Treasurer and Secretary of Sinking Fund to be Chief Inspector, assistant inspectors, appointment of,. . . compensation, . offices for inspectors, . Sinking Fund chargeable with salaries, ..... Louisville City Railway Company shall number and register cars with, railway companies or assigns shall number and register all cars with, . shall give information to owner of licensed vehicle, shall furnish Chief of Police with information concerning vehicles. duty of in issuing additional license to merchants, . ; shall require statement under oath from applicants for merchants’ license, . LIEN FOR TAXES, See SINKING FUND. may arise against owner not named in assessment, . . 10 982 INDEX. LIEN FOR TAXES (Continued), assessment must identify the property in order to create, . °. See TAXES. LIEN, MECHANICS’. See Mecuantcs’ LrEen, LIEUTENANTS OF POLICE. See Poutce. LIME, measurement of standard bushel, CIOSRESAOT, ates kt eee ey ee A rads eee ht LIMITS, CITY. See BounDARY, CITY. LIQUOR DEALERS, Retail, who deemed to be, rate of license, . : We A exempted from a swat: license, W holesale, shall pay liquor dealers’ license, . classsification and rates, not to sell liquor by the glass, . fine for not procuring license, . fine for unauthorized sales, additional licenses, . . oath of applicant for license, LIQUORS, GAUGING OF. See INsPEcToRS AND GAUGERS OILS, AND OTHER LIQUIDS. LISTS OF PROPERTY, to be returned to Assessor, to be sworn to, ite failures and refusals to return,.. . .. . when unsatisfactory to Assessor, failing or refusing to return, a misdemeanor, return of, enforceable by judicial process, LITERARY ENTERTAINMENTS, may be allowed without license, . LIVERY STABLES, who deemed keepers of, rates of license, : penalty for violating ree ; LIVE STOCK. See Inspectors or LIVE STock. LOTTERY OFFICES, rate of license, . LOUISVILLE AND JEFFERSONVILLE BRIDGE COMPANY incorporation of, . . incorporators, corporate powers, authority to construct and oper rats a eee heieer Louie ms me Jaffer. BOnyvILIC A een. Boy «Py ae incidental powers, rights a Hiytaee mode of procedure in condemning land, power to lay tracks, construct ways, charge tolls, ete., PAGE. 12 382 382 419 419 882 415 415 415 415 415 415 416 10 10 10 11 ih 1] 397 416 416 416 416 48 48 48 48 48 48 49 SEc. 10 44 44 46 INDEX. LOUISVILLE AND JEFFERSONVILLE BRIDGE COMPANY (Con- tinued), - may lay railway tracks in streets, ey aa ae may borrow money, mortgage property, issue Honay etc., . OME SLOG, $) ae ue en nN one board of directors, ; ie et eee eo corporations authorized to subscribe stock inj... . subscriptions and commencement of preiicss condition of grant of franchise to, LOUISVILLE AND NASHVILLE RAILROAD COMPANY, PEON OleLMeOS: Pal, f) cc ae. ke thea ke Ae mite Pa sbi Signe ol wayanarourteenth Street: a; ce cei Fa he right of way in Kentucky or Zane Street, conditions of rights of way, : abandonment of right in Maple Str eet, . : The City of Louisville authorized to subscribe for aoe in, may levy special tax on account of subscription, Dre ee Toe ae ae ee een ‘guaranties of payment, : ieeedes and Aatiaed of City aie ena "i pay for oe additional subscription by The City, . ! The City may sell steck to redeem bonds, .... - A ee ey. unclaimed stock prior to January, 1864, passed to the Sineins rea Sah Sinking Fund authorized to secure payment of certain City bonds ie ac- cepting in pledge U.S. bonds, aa conditions of such deposit and surrender of Pore The City’s stock in authorized to be sold, SPPleaioimar, PROCES, stra. Wh ala cuanto sts See RAILROADS. LOUISVILLE AND PORTLAND CANAL. See Canats. LOUISVILLE BOARD OF TRADE, shall govern and control flour inspectors,... . . ee ees FU ees may appoint an inspector, weigher, and registrar of Gareenadd fix their fees, bonds, efce., ee ern real estate held by, exempt from taxation, ........ LOUISVILLE BRIDGE COMPANY, incorporation of, . OME I POROTE Clyro 8c en nw is, or Se gr hd ele a era vested with powers, .. . ORS isd ia ott, ts hepa authority to construct a Bride Opis wee Nera tae to purchase: or condemn land, .°- . 2 2. to hold necessary real estate, bridge of, not to obstruct navigation, ae to be governed by federal statutes and decisions,......... may extend railroads over its bridge, charge and collect tolls,. .::.. 1... % PRR COMPUECR ee oy a. 4! oe, de Ln ess shall post the toll rates, part of an act of January 29, 1829, Brolieabie is : capital stock of and subscriptions thereto, .......46+...4-. PAGE. 50 983 SEC. 984 LOUISVILLE BRIDGE COMPANY (Continued), may borrow money, . . INDEX. may pledge its profits rights, efc., as security, . . . DIA Asse (DONS a cat ow po ee ee bonds of, may be hypothecated or sold may makerby-lawaese gt. ow. sane directors and officers of,, . . first and subsequent directors, . elecpion.ol directors ies meee: act of incorporation a public act, charter of, revived and confirmed, . . authority to contract, - . . profits andnetvearnings of, . . 9% >. contracts of, with railroad companies, may issue bonds and mortgage, . . . purchasers under mortgage, . railroad companies may subscribe to stock in, LOUISVILLE CHANCERY COURT, Chancellor’s salary, portion to be paid by City, . at discount, ordinance appropriations tor, ..72 0s) 9s. here shall determine allegations of forfeiture of Louisville Gas Company’s charter, suits of recovery of arrears of taxes to be brought in, LOUISVILLE CITY RAILWAY COMPANY, incorporation,. .. . authority and power, rights and privileges, . capital stock, . . . CLUPBCLOTS G57 vee subscriptions of stock, payment of subscriptions . and election of directors, . ol may extend lines, condemn land, hold and convey real estate, borrow issue bonds, and mortgage property,. .... . maximum rates of fare, . cars to be operated by animal power,. ...... time for construction of road, . limitation and scope of the grant, . amendment of provision as to rate of fare, . . . authority for an issue of bonds, . . . authorized to carry freight, . may occupy such streets as the Council shall permit, authority to issue bonds, mortgage to secure bonds, right of way in Brook Street, . . conditions of grant shall number and register cars with License Inspector, rate of license required, shall substitute tram-rails for crescent-rails, ’ . . . . required to run a line of cars on specified streets, curves and connections, required to dismiss suits against The City, .. . « . - . . . . money, PAGE. 38 SEc. 16 16 16 - INDEX, LOUISVILLE CITY RAILWAY COMPANY (Continued), released from obligation to keep streets in repair, . . . 2. . 2. ese we City Engineer to supervise laying of tracks, . ...-.. +... Ordinancs-continues and modifies contracts... 9). ay Wie eo By ie acceptance and contract, .. .. Pr OA Sade ee right of way in Main, Fifteenth, andl hon an streets, and Portland Avenue, SMOULOra Ot eUOh GX LenS IOIts.| ae ae eyes ens apn sae x elie cere ime eked CEUTA CAO CMNP ATO ol SO Adiees Baty tein bal Mele Lk eee te ge A ee BE es ot a POUT ee wey we rishteenth Strettce. schmidt Celie ais, «ley eee wlan os » Oren erOrierOn SAN G32) 5 yagi ose) ee en Re a ee Bee ote a contract of March 9,1874, ... 9 Ee eK SMR ald INEM te ott hae bond, to be executed, .... ; dhs Pie. : ON ae ny right to lay tracks in Main, Sigteeneh, Sev ain sie Baa streets, SURO ELOL SO CAT ty thr) cpt be cers ae td pa eer wg shall abandon right in Portland Avenue from Seventeenth to Rowan Street, contract of March 9, 1864, . . a Pie hn Se CE as he Ph ery TheCity’s right to purchase waived, ..... Tse : required to lay tracks on Market Street from freer oa to Tw Aree fifth, right to lay tracks in First, Second, and Twelfth streets ....... PEMURACG OL SMEATON Op LOS. .k shale Semi eh ceere Ue as a Pe ean, ord eid ee te rignin QGP’ S BITPOL VISION TOQUILEG, 7 be iat 1s fee Sele Pa eu a erly For te RECEPTANCGE, .~ 2... AY PAE he Pees oe ey a Oe. SSR oR SRL eo right to lay tracks in se a Siete Shaye Avenue, First Street, and BeOUr Nh 6 LLOUSG OL, hei Se OPOUTLAS ihe le ae 8 ale ath SS Wis yon ale We Preivancy, of trips.and rate sof fare,-- ani...) ass. WA vy, a aa PuLiertL OF Miko UE USC ae Yu) rake satel Mak Aw twain eh anbas ibe Mend SRP OP IN ACT Os LOO Sick cos dis oo lay ke Ste A ace MS eget ons ROCEDUAIICH, 20s <. ¥ .C ree alae us Se Oy GPS Is Les Bi aay on Shei eines Fo, See gates at entrance to House of R efuge grounds, .. . Pied ohare al pe duty of Company if House of R efuge grounds are Mela or sande Street is BOGOR sees Mit. brea ye ise a he BANA RRO ger contract with managers of the Haw of R TOO ice, oh RIMMEL ToMoOWINe LACKS AgiCv TOYA lin So SbTOGLS, vrs por MbaN ers) « Ste RAN Moe Malls ey HensIey 106 NOt.O Deer y LN SvOT Gin an eiy., FP array Siig os Vale vie es) ae Foun DLOGk we trect CONUTMNGIR ¢ c S ae CMOTAT YS a eg We alata eds as Gare e mks Sem Doe a Paes PAGE. © Dio 2) Ca Or cr or CO or Cr 990 INDEX. LOUISVILLE WATER COMPANY (Continued), PAGE. may appoint persons to be in charge of premises and property who shall have powers.of policemen; 2.0. .% m eute seen é 857 power to borrow money, . . . . : es ae ; at sae; 857 shall supply the public cisterns ars Rvarantl of The e City tee of chened 858 exemption of from taxation, ... : 858 LOUISVILLE WATER-POWER AND CANAL COMPANY, incorporation of, . . oP ear ey tee ee Teen Pe as COLPORATOTE igh tes hi eee ae oP ytd tes Sp ek ie oP oe eae A COTPOTALE: POW ORS, ae Sawin vse UO secant A eg i ig eee authorized to make canals 7h oa ras uk? me ool ern en fo acquire. and Doldslands.7 02) ta fe sage 7 ome ae a 84 capital stock and subscriptions, me 84 directors: 00 (07 3) 5 eo FE ee aires Re ale Cr iy a hina ote Oilicers; 5 47s Fe Pee a a : RE ee TOMA toe es gil may charge ‘Olle rents, storage, wharfage, nite Se al? Sip ener ins 85 right to use natural water-courses, cross over or under highways, efc., eR oo exclusive franchise conditioned, feist Sy) ca ee an initiof franchises 22a. A eeee me wes Oe : %6 LUMBER. See MEASURER OF LUMBER. LUNATIC ASYLUMS, certain persons returned from, maintenance of, . . ~ 136 MACADAM PAVEMENT. See IMPROVEMENT oF PUBLIC WAYS. MAGAZINES. See GUNPOWDER MAGISTRATES. See JUSTICES OF THE PEACE. MAGNOLIA AVENUE, right: to ley raviroad track Migr. 4.4 cee ele meres PAT its eer fc srt) MAIN STREET, right of extension in, granted Louisville City Railway Conipany, . es) oe 6OUD right of extension of Citizens’ Passenger Railway Company,. .. . 610 MALT LIQUORS. See ImportTERs or Matt Liquors. MANAGERS OF CAVE HILL CEMETERY. See Cave Hitt CEMETERY CoMPANY. MANAGER OF HOUSE OF REFUGE. See Housk or Reruvae. MANHOLES. See IMPROVEMENT oF PUBLIC WAYS. MAPLE STREET, right to lay railroad tracks insom. "eins (g g.e eases nacnas tet tne MAPS, for purposes of assessment of taxes, . is caesar me 9 property may be sufficiently identified 7 OEP eh oe ie additional may ‘be provided ‘by Vouncil, cas 28s eee ee fine: foranjuring or destroying ie, "acme, ee ne nn ere of The City, . ee he rer i tn eee oe. ee. rade, Maps, o Ge. bre) See! ese MN Si) «Th nce ne ee Mk as tee Me when to be reported Dy Mn Pinieeh, aos soa feta a, cage st Scat eee te Of sewage districts”, 2.1, sQ0 ih. iyit thee 8c peek et 6 eee nn coe MARKET HOUSES, stall-rentals,-how paad, io) voce fale Ree eS OLS he ee eee ene eet tg sn] fot —v ~J Cd rt bo bp — Bm Dw bw cw © =~J Or INDEX. 991 MARKET HOUSES ( Continued), PAGE: SEC: HUT Perens wlOwses; 3. 2. aS PWR Re >| ] SPOT Pk MOLL SUR LIS AT; 2. vroy | Seis sated ov Pe Oe RUN ERE oe oh jemi ds, (4 OU) 3 Reto Od. DLICES,: |. Ga wick ie etal po eae IR eee ems ss OS. Ey "ede 400 3 SPORE MOLIOULLLO,. ». 42 <> ol te Se pe ether ke SP REE 8 ABR 9 Peer raliienier Ol) 1GRECy—. ee Swett, « GN CW eet tee Ren 6) 431 4 Toren Mion Or lebeebe 6 Het Sac a ane ioe. Mia Mian i eee ee Bs 4 FOP SHOE NTO VislON me OUCETIIN Se.) segs he) gS tare ales See, a sae Od 10 TAO BNR Reg yaa oo 4 A aCe CoC we ae kre one 435 ]} description and regulation of. stalls, a i a Mae Lees : 435 12 MarrenmiAsuers LO nave management of, Go .. 25.20 Gee oles ee ae le oe ls 435 13 Peewigtionene to, care-and, keepine Ol," 2 il. Pes pivaere Aye) ee ABT ty MARKETMASTERS itt SPEET CI eo. le es oc ba se A tt ee Rte ae aa ASO 9 PMRPCMROC TOG s 6 iS ee poh, QuSee he IRee) oma a RU PeR Ear cen hh ies . 4380 3 CiromnmLOnerents Dyy <4. ees Sree bs tek 5 368 28 meat of cattle which have been exposed to cattle ree shall not he Paarad forsales. > ee, ee ty SS eee ee aw ae eo a a ae . 368 29 meat of unsound or unhealthy cattle shall be confiscated and destroyed, . 368 29 unwholesome meats, efc., shall not be bought nor offered for sale as food,. . 368 30 tal epell now be; cleansed 1.) 0S eee ee IN nds =e Te fee 869 833 butter and cheese made from unwholesome milk shall not be ae or peta for sales eta tae aS 5 cee A ted en oe yes . 869 a7 decayed or damaged vegetables shall not be brought into City or oe “ for SC TCR ORe as Vahey et ’ {PIP A fe Aaa Ae ides ©) VOPR ATT 1 | 38 cooked provisions and liquors not to ee ROI GIN > Mod eel ae a eke, Come Sea 8 24 animals not to be slaughtered, skinned, or dressed in, ..... ... 2... 48 95 smoking in, prohibited during market hours,. ..........46.. 48 26 “ 992 MA INDEX. RKETS (Continued b] penalty for violating ordinance,® fa, io.ar a. no) tee eee er fish, provisions-concerning sulewit,. Wi >. ees dee ea eny oe ene ee penalty for violating ordinance, ss. cevm ea eae eae fresh meats not to be sold within four squares of, det penalty, . MARKET STREET, MA west of T wenty-sixth Streetemamed: © ibe.ce. | 9) mtu ces RKET WAGONS.. See VEHICLES MARSHAL. See Ciry Cotrt or Loursviiwe. MASTER-BUILDERS, not. required to pay arehitects’ licensees caters elo ke eee ee MATERIALMEN. See MecHanics’ LIEN. MA YOR. may be appealed to in regard to applications for building permits,. . . . may overrule Engineer’s decision relative to application for permit,. 2. . duty in relation to unsafe and dangerous buildings, -....... shalli rive notice to ower ae required eee alee mea ee ee may be ordered by Court to abate building nuisances,. . ... .. member Board of Commissioners of Public Charities,. .....4.. 4 visitor toGook Benevolent. Institution, Gh se. ae ee eae F a member. of '‘Compromisé’. Committee, \ Fis 6 me i oe shall certify pay-roll-of (City omicers; Awe... bap aie een ee ae phalledet all public work; ts. .5e Ga) aiteeh «epee wear eel bide to: be-opened/in’ preseue,.Ofs 1) 0, eon a) ei ta tee eee shall issue to successful candidates for office notice of their election, . . . shall summon the Council to meet on the Tuesdav next succeeding their election and report poll-books and certificates, . . . ups wet og shall cause copy of ordinance as to duty of election officers to - delivered toveach officers? o/s cia Le os Gecigete as Oke 5 rie eek ee shall appoint.Gas Inepector, 500.05 a pre ten ree ee power of totadjourn: Councils. tN! Uy ie sie, ad oie en ae secret service. fund: at disposallofiins cc, ums hee he ee ape shall administer oath or affirmation to any and all executive officers and fur- nish Council with certificates thereof, ........ tog Let shall not authorize coal-weighers who are incapable. ......4.2... shall issué-certaficatest0 coalwelghens..) Yvaer anaes ies aoe, ae ee may order coffeé- houses closed iui lite ifs ieee ete ene ae ne may order: tivern-bars closedy 5 af ore: oe. yrs ewes a oe ee eee shall approve leases’ of markepestullss om o.)e Paes collie mete cir chief execttive of "The: Gily, Sees ai ecules eel aie een manner of elegtioiy = tak Uhre ees oe a en eee term’ of -OfR@ery 3 We” Ae ene yh cs ee ee one eee timie, OF GlBCLEOIG ao SL ea tes eed? Ls aspen gy eae eg Cee ee qtslificatloneg,.. ai lee ie tee te Ven eamear kc oe) Menai nint eae eaten Rehnaa when to enteripom hisdtties, Ch rey won pian ae tes painter ee me general duty es oie Gee ee ane te Ac tem ray yg ae ualle cen Se ee shall exercise general supervision over executive and ministerial officers, . sce that laws, ordinances and resolutionseare executed) x icco stea ec cate may appoint his.own clerk and remove nims% 022 G0, at on eae oe PAGE. 438 439 439 878 533 401 Src. earl 51 32 14 91 -1 4] ie aco ho fomy | (9 8) INDEX. 993 MAYOR ( Continued), Page. SEC. Sela apne ead Gis LG DOLCE ets wi ee ed ag oP gic che tee: la 5, AAD 9 mam order Ciivens into services stent Fo ee ee ea te 442 9 approval or veto of ordinances and joint resolutions, ......... =. 442 10 passage of ordinance or resolution over veto,. . 2... 6:1. 2. 1 1 se ss 442 10 ordinances and resolutions to be returned by, ........4..4.. +. 442 11 SOMME iy. PU. CONVERGO NT, oneal ae a eit a AP Le. vs AD 12 BURpOtere a acl ister OALMS. FICet Aa ae iho eat Wey aol ea ag 5S at 4A 15 pee Le Le raoAn Glen insoles, \seuts) a aetel wh cteee hes Us toe oe tees! Beg 449 14 Ee Ve LOMEEN OTE avi. i! Litas Si Ae A Ns ee Lee. Pere ee ee oem stre s 44 e 15 Ore menlOTig et! a5? a Oxcer ante Rem ias Me r R eM eae oa Bim: sf) 44 16 Pe Maen an TEL BELO TOS OT ny. AS Sovcy ee eRe i eas Oe sdee) 16 to hal eas Gin ote, 448 17 Dyes INO CHIZONS INTO ROLVICE: ohn ka a caloe eel de SWL aioe UR ples a) va tos 448 18 Pe TUe AA CACSTOMCET S| uy ie tte et OR ho) Te ad Gee ee ee 4 a8 Le wienrimay Urawian secret service funds {hac o-. Ae atts Gta ey, 443 21 Ee Mice 2 Pekin oo oc bn ir Sealy anise: cit Ae Peat eh geome RPA Areata) ae ATE 33 Reem D LETS GU de A. «sv on, 2 PEN ee ae ee Me cas hg Fis Pil Aa tae Oe EE 33 Reeeeiall Gcuninisver O8bl. Or, OMG, a Md we ka cehccl> earn eel al lad pe) 6d eh ATG 56 aM receive, pilerte: OF Vacated OliGeSs 195m a awk et ae a te ae ht es AT 44 ioniper OF >0aTd (Ol, Force COommissionersie. tov ai sees 0c. oy mute Se Wego 480 1 Bie Wel tONCLISIN iss POLICOMICN,. ails «5 Duar hs Polka he iat ts Satan oie vs Nay ohisitnr Wngls Rh et ee gr hag CO 18 shall annually advertise for proposals to remove dead animals from The COI ae? os ate. Va ERMC, cc Kor oe ieee ae We ee doa cut 26 MEASURER OF LUMBER, Pt EGCER UA ya ale (0 oe ete Vem net 0 OR ata eg aN ih at ian aoe sas 63 Se) CO o> or) se 994 INDEX. MEASURER OF LUMBER (Continued), Council to provide for compensation and prescribe duties of, . . Zl may be removed from’ office for negligeneeretc., 1, vou, so ye seen ee duties, ’ : ; 4 AE EEE Ape ape hk ae Saas MEATS, unlawful to sell fresh, within four squares of a market-house,. ...... penalty for violating provision,) 5 Si ce; 1 2172 eh es hes eo of calves, pigs, or lambs which, when killed were less than a month old, shall not be bought or sold as food, ..... Shits at i eens of animals slaughtered in a feverish or overheated SancaRioa shall not be offered fOr sale 22°80. Qe ea ee ey oe ee a ee of cattle which have been exposed to or.are liable to communicate the cattle disease shall, if offered for sale, be confiscated and destroyed, . . . no cased, blown, raised, plaited, putrid, impure, or unwholesome, shall be held; bought! or sold tomwlood, 005 ais tac. scene EC eee oe of animals which have died of disease or accident shall not be sold or offered for sale ag. food, ts; So See ote 7 sve Meceuee byl aie Rear Seen ee MECHANICS’ LIEN, Act of February 17, 1858, lien given for work done or materials furnished, ........ lien ‘to continue if) contract: be resctmdeds 4) yea ee lienholder to be substituted for evicted employer, ......+.... liens against corporations, societies; ¢i¢4 "5. a.) a eet ee eee how liens. may -bevenforced, (0 95) ".5 a2, a, bees Coes how barred’ by linaitation, #722 Sar op iinet ones cee to: whom liens-are-exproessly seoured) pa 404 us cae, Wolke Gy ss kn eee eee NCGOSEALY WOLOTS VOLO S, 9 wie. ee poo ken a> tee pe dete ee elae SSeeeeL eee NAVIGATION, Louisville Bridge Company shall not obstruct, . . . eae Rhbee Mela ts Short Route Railway Transfer Company shall not bate UGty pee ee NEWSPAPERS, to publish ordinances, .. . election of by the Council, ..... FAW tis a ears A Wins Me ge en Council proceedings in, prior to March 8 Oy be (es ae eer ae te ele NINTH WARD DOUNGSTICS Ol, tI IS arpa st ots ae ei caeets ais at pee ee oe NON-RESIDENTS, taxation or propertysol, a) 5. ties meade: er eee kere ee See TAXEs. NORTH AND SOUTH FERRY COMPANY, The City required to-establish a privilege for,...: 9...) . 08s 2.04. IN COPPOTALOTS OF woo (nies Meree haietls pe tena ee he Ge tse amen ana location ‘of ferty sole ii3 T secty 15.2 verwtee pas on) ee ee Se Pa amen other and similar privileges not to be nearer than four hundred yards to, when:to:make application for privilege; 7 i= *ooun eee. | enna recourse of, on Council’s refusing privilege,. . ./. .. .. power,of Jefferson Circuit Courtrolative:to, sia) oh. gear eae es ee meht ofsappead Ol, actin 5h vn tele ook oo ee eee ee NOTARIES, notineligible to the Connelly) (92 S* 90 oA ee ee ee ee NUISANCES, unsafe or dangerous: buildings deelared,: ae oie ee ee ee ahatement-of unsafe.or dangerous buildings; 9.3)" * oes eee ee informationita Mayor cigs. Sts rte nen Reeve ere ee notice by Mayor-to City “Attorney... oui os nue a eee motions byLA ttorney in Oiy Court... 6 a eee eee ee Issue Ol SUMMORS. cos ee ce Pe eee Cee ee ; trial.of Gases hy ee a) eG eee i ee ee a orderof abatement? §.-< 500 ae Ae ae ee Mayor. may contract tor, Gage mi 25s 155 i een nee ec eant a COSES OF) ab Co Sie eS EE RS ire 2 ae notice to which owners are entitled. 3). 2s 4 ae eee whore, dangers 1MmIneiils sung kts We ewe ern ee mantfactories of fun powuer,; Wee tekken how abated, s 2 52 Cea ee a, ee ee eee ee establishments causing, shall be ined ie. 4 )) oe oar ee : coal oil, grease, glue, and refining establishments; conditions on which, may béferected) rr dil ia- Ha ee ee op aie ie. aera are) stagnant water or substances deleterious to health, how pened or huge aa : Board of Health shall recommend ordinances for the abatement or preven- ton Of. 686d aE Sa Po ci ado ee a SEc. 95 12 32 Noe 17 20 54 55 INDEX. NUISANCES (Continued), sanitary, may be abated or prevented by the Health Officer, . . . .. fine against owners and occupants for not complying with orders of Health Wiifer invreferenes:to;o. wire.? ree « in removing dead animals provided against, : ....... NUMBERING OF HOUSES. See Buripines. NUMBERING OF VEHICLES. See Vtuictxes. See Hacks. OAK STREET, right of way in granted the Kentucky Street Railway Company, OATHS OF OFFIOE, Borer catityoL (City OUICerss«' fein «| akan Oust ad et ps sara pe maminisiered, by the Mayor, 0 anaes ohacayie ce om ates ws Re NELO USSR OMOGSOI ay 6c OS Th eg Sam AG Elon Ceol ee eee cate ale,’ RAE NEC AMROE IVE Yc: 5 de!” A nite Gina eetay ch aR eM COU WAC Se RBEY BALE a ce Mimsy Cicnen and deputies, “a.m oo 2.4) Gk ae MAVBIS dla cide ss PAs Cremer CHersvOl Goal. isc. 2. Se 0S eka, alee en ein, Lk Oe We Peemapenters .of-Liverstock..” Agi yo2 se) BiG tee ena of City Auditor, Treasurer, Assessor, and Tax Receiver,. .°. . of members of Council and all other City officers, ....... WV DOMINA VARIO INISEGL, sc) el Gs ean an ha EES re of executive officers, shall. be Saeineeren by the Maen when requested, Marita Loreal City OTICODS: bol ark, ee. Smee Ua eer tsy” ah ees Oratemistracion, OMeersy |... cs se se AS, Mme HOOL AY TUSTOGS, Us te tee cit lyk 2 CaN a Be a es ewer, Sea aes of Sinking Fund Commissioners,. . . . : ‘aris of Secretary and Treasurer of the Sinking ane SMe bite pte a ceed: OBSCENE ADVERTISEMENTS Density tor painting or*postings:) Je a we OFFICERS, pay-roll of to be made out by the City Book-keeper,........ pay-roll to be certified by the Mayor, oath prescribed for all City officers, . .. . Pe ane tie, if Sch ay rere oath to all executive officers to be administer a be the Mayor, BOUeC ay GiieeDGOD LE We irs ws Mooasaites, Sie weet eRe terms as fixed by thecharter, .. . Be al sar Ph ea CITC MOT! Cn by Se Mk ae Vo, ay EE. fe A ee ee ee ork as aomeensacon +0>be fixed: by Coumctl i. Sates is) state wake PECMCEIMCOLORUL LOT i) A Py oc. 2S § ds cea ake, NAY EVER 5 RE ABET? 9 09) 0. SIC PN a ih Pi Dac oly RE OPE WB Oem a I ate) EO rai a CUAL OWG 1S -U0 TT Aap 1 9 cf Fagan eet ARNE ees ol Si oe RE OR ges PY og DMR GIER ELO CE DALL, can. 5 Uris, (oe aeemt,) c= aay cs eh Big PRE EEDUIEEL EL OPCRD LAS Cte t's. We Wot Weg, tree ea a inital AOA tha ee Cpe Se S2AeF ‘asa plese Mole) 010 peg te mI Sean MUP lee by! MRED Nap tk PA@E. B64 364 881 SxEc. Lt i 27 142 998 LN DX OFFICERS (Continued), . PAGE. SULSTIES ale ay cat es Se, he Diam aol OCR Ren IInETT CRD and Weaath og ina |) 0 a eae a general aS deceats a JB Cat SE MOI Se ee ae tg Rh ot re SL not to be interested in ne cea i The City, PrP tL ECM er Ce eh Sick Ae) causes of removal, Rey if 0p ote oy) he See MEN St nen eR at termination of official employment shall Helier over atthe EAs oh et iat failure to qualify.) \.,\s.5).° Soot Wel Cen ce ici sil ator tues ee ie ere ee aS notice of elections 202.5725 3A Bo, MiP re oe ee ae sie ehiany cence ae aus ce Vacancies. 2. - ae Sac Mi paar Pas tea ey, te gate ois aac mun en ec a ee ee office hours at Gite Hall, “Borg: eA ey py a nen ol, =) OHIO AND MISSISSIPPI RAILROAD COMPANY, right of way through Fourteenth, Kentucky, Zane, and other streets,. . . 568 eOnditions of aerants |e: s-2 ah eiscs | sh nev) heres as eee, Rel Sen eae oD motive-power to: be used; .° ss. ois eee ee eee eee rights reserved by The City, apical ate rates. of transportation, ." eho %r eB e coe bed kn hase etne ee eee eae ee ae contract with: The City, ih, go oo ae oe ota ets A Nao ee bridge to be. built'over "Broadway,'s 2) ina te eae AA gene ee ie OHIO RIVER, bridges‘over, protected; ) 5, 155i ee in) tee ee Ae a ord obstructions in: reeulated,”.> 00.005 oye «kU eye cei aes ce deposits in.of contents. of privy—Valts,") are harstere.0 21cm aaa eee eee See HARBORS. OHIO VALLEY TELEPHONE COMPANY, granted the»right to lay pipes, cables, etc, im Che City 29.8. Oe. goede manner of laying pipes, cables, etc., excavations In-public: ways yy eo! hile 8 0 ical aa pee oes en ee —1 ies) rs restrictions as to openings and encumbrances in public ways,. .. . 794 injury to streets, sewers, water- or gas-pipes forbidden, 795 shall restore streets to condition in which they were found, . 795 time Within twhich ‘to berm works, es iis mcutae la eis 795 rights reserved by The City, 795 Tbe City not liable in damages, . 795 shall execute bond, . 796 not granted an exclusive right, eat 796 OILS. See INSPECTORS AND GAUGERS OF LIQUORS, OILS, AND OTHER LIQUIDs. OLD LIABILITIES. See Bonns, Ciry. ORDINANCHS, publication of, in newspapers, . 1 in book-form, annually, t City Attorney to superintend. . 1 from 1869 to 1872 authorized, . 4 indexing of, for publication, 4 as contained in Elliott’s digest, . 2 prior to the charter, continued in force, . distribution of, when published, . iF construction of, rules for, . 4 breaches of, by minors, . 5 imposing twenty dollars or eae may Re feared in “City girs ths ah 189 ~T ee eR Ore jw WS AI CO INDEX ORDINANCES (Continued), PAGE. none shall be passed until read twice in each board at two several meetings and discugsed,. 1°. +. Pk, Me ac) Pie ar een eely alee bo OSh provision as to mode of passing may ne canard ee Wi ‘ 347 shall not embrace more than one subject, and that shall be SA in (ts BAL etl 600 FS Ol on OS a we os oe 347 shall be amended in no way arent by eure 347 ORMSBY AVENUE, pie iecatle vera road ‘track, ny.) 4) wise sabe tts oh as Wales ss ts eee bce DOU OUTFALL SEWER. See WESTERN OUTFALL SEWER. PARKS. See Pusiic BUILDINGS AND GROUNDS. PARTICULAR ESTATE, ee RRORIN Er eee he ind. yd oN ERE Oey CAN pe eR ae kor heaer Od. See TAXES. PATENT-RIGHT DEALERS, rs, Seok 1, <2 ee eet ae kn waar ata fCIKG) Gilg IS eae ee A eee ee Oe ta he take, eee rn Sia or] Smee: & iy PCM PAVING CCHS, © lan) \ phase Gee we, eee eevieam np tile ant su mttem a ae ALT PATROLMEN. See Pouice. PAUPERS, Paroeneay a 6; CALV SPO SLeATMDOO ES. > PoP ba, cara nis pb, pus laa s)he. OO eee ate rowuried Ny asyliamge ee sale yesge Bi 6) ee Eee Ts eS a ee 285 PHOTOGRAPHERS, Wie Geemed.””\ asrts! keen nus eeu ie es 5 Les Meats Feat ee oe adn teem 417 rate of licenses LoS POs eet eiceselt are Bille Be epee ects Od line for not-paying license) 3%.) stra. 417 PHYSICIANS, of Eastern and Western Districts,...:.. Segara’ 102 have medical care of Pest-, Alms-, and Wane See hee me Lat Oe eee may dispense medicines toute POGh, (lec m er. outs seme reas 105 appointed by Charity, Comumilestorrers, "n tieesiets are iets eel) eee Salary, term of office,“and duties, «aise tetera ene 105 assisting the Health Officer in vaccinating. Se. hoo gon, ee ein la se elected by Council as may be specified in resolution, B70 LOPIAOL OlICeey bee ee ae 370 under control of Board of Health, teat See yl ero Me ik Phaeton ans 370 compensation, time Oca pled, -e7en ain mecu ts Wel cones ee a ne ee 310 exempt from payment of: license. Ae Ree un mre ee cee 398 PILOTS. See Fatus Prots. PIPES, laying of, for gas or water, regulated, .. . RR eae ae ae 520 notice prior to reconstruction, caer” cae ee eet OR wie ees RPE See LovIsvILLE Gas Company. See LOUISVILLE WATER CoMPANY. POLICE Board. of Commissioners established," 4 js) oot A ee ee ee ee 480 who-shall iconstitutesyt. 34) LA hou eel gle tees a oem es an a 450 te? Of SELVICES Ey sf Ate tee ee Noten ee : 480 shallserve:-withonut pays. oa ce" apa’ Ramee oleae yee ee ee 480 shall elect the force every four years, 20)iie eon. aria bee ste 480 number, grades, terms of office, and vacancies, ©) «\-) sp «ewe Woe dismissals by the Mayor and appeals therefrom,......... 480 . eligibility and, qualifications:or members of 10ree, 5.0.0). evan tee ae 480 void elections and appointments. p= urucme. os ols nee Saree Mae 481 interference in elections, what is meant by,. . . 481 applicant’s petition and oath, .... . "LOA, Toe Se nena Gece enna vacancies in the force, how filled, ......... 482 nomination ofa ‘Chier by the Mayor 8) eigen eee ae 482 to be confirmed or réjected by Commissioners, 1s o> ee, 482 term of, servieeon Chict 26g ae es ee Ae es "482 rulesfor the gévernment ior the ioree.” me). fh) apr ert e ma 482 clerk to the Commissioners and Chief, A peed: Aor fama Mente 9 482 the Chief may not buy or control police claims; eee Fae tte ieee Bp eve 0 Commissioners may be convened by the fincas GAO As, Me ; 483 nomination of lietitennnts,, ec e os sne false ee ee ee 483 pay of leutenants and policemény <2). apa e 7 cee eres ee 483 stabion-house .Keeperdwrc 275) selene er ne crs et ee eS 483 causes for dismissal of policemen, ... . 483 right of appeal). icy wi Bret a) fete ola” as a eine eR aa ie ee arrests and bail. SiS ge ice hs ha ee ge ion te oe ee 484 SEC. 50 80 80 80 COCO! ICO OO 5 =a 18 19 Best COE SIND at treats ead Co C CO ~I Od co 10 INDEX. 1001 POLICE ( Continued), PAGE. SE. unlawful for policemen to solicit businesss for lawyers, ....... +. 484 - 18 punishment of the offense, ... . Le eth. Jon te Ala k* Conteh As wy ia eO 19 police jurisdiction of Louisville Jockey Club grounds, ... . | . thas x 321) 20 STURT ALON On tie LOLOES 5°15," Ne eae oe Pe er ae Oo a es OD 21 preuee anid tum Dery ute gp ae ae a ano Bar Rar entoetr taruiedats | SOW yA PUUeLMOMerTARy: POCO. =. « "yi tees Bees utente eee ee feat eg SOD 21 TDI Obe pOsOGmMeny Be) PA eg APR Ws Soe Mier ee cee CongeNG oe. eID 22 PECAN DR abl At Fle war he tlNediarrears gebd ice Peete ee ee alt oy Ae 3 Commissioners limited in electing private policemen, ....... . 488 32 duty to report breaches of ordinance prohibiting ashes, slops, etc., being thrown upon streets, sidewalks, alleys and wharves, ....... 526 58 maqualittec by sauure to pay taxes: Mowe 0 awn nee ee ere ond inn Seo LOO 29 Dave authority to-weigh loads on. vehicles, 2 i005.) aga re ss th wae. £820 31 Chief to be furnished with information concerning vehicles, ..... . . 829 32 making arrests for violation of ordinance concerning hacks, shall have hack und. horsés' properly caren 160s “SA gh scars Os ita ame tee ea OOO 46 officers in charge of reservoirs and grounds of Louisville Water Campane River powery Gl, + 5 calc! de. Pall. Pepe Se A Uae Neos eon SO 22 bond, oath, uniform, duty, and pay of private policemen, ....... . . 489 33 pay-roll of department, how made out, certified, and paid,. ....... 158 14 policemen, fees collected for summoning witnesses go into City treasury, . 187 22 policemen may execute warrants of arrest, subpcenas, and attachments for TKI DUL CSC there amps Vet Mtr. 5, end Mae ew ih eae PEGE ba See, oe Lo 36 “star” or badge of, shall not be worn by others, penalty for, ...... . 294 73 duty of with reference to persons unlawfully and willfully using or wasting WADI: Dass ede eet ae ae Ces ly ENE mpemary ets Um iy ir COE) 78 POLL-BOOKS. See ELEcrions. POLLS. See Evecrions. POOL-TABLES, Eeputor protber-hireto, be licencedyad s Mit ure, seks tent Pons Sieh d ned) O80 41 rate of license,. . . yc (30) Se cee eee contr | a oe eee ed & Oe 4] RERUELONE TTL STIAl yee an OR AAA oe a ee a ey ake ane ee, OEE | wef e y COGO 42 POE EATON, ap Ae besis or representation in. the COoungiln ee \ o- .> soe en yn eta. oul Be BOU 3 PORK-HOUSES, eur ies tenia) U1 POUL. LO) Pies LEGON es, "A sre Mee os. «cv ae hele sg), Meat oh) une helene 41 8 81 Pini OU. ET PALER) am oNs. ) aif woke bce nce. , keen eek cee OS ae Se tek aL 81 Due tornon-complance;with heense JAW. c.uky fs te, take atlas Es aad oo ow. 408 81 PORTERS, MAAARANG-VOl le lOsi yin, vee” ea eeyae atta (Fs oi gta Calpe iy Meds eee Fy Oeste be yo 82 ERE PIT COTIOR. Po sown. bee Ma Pee Da Coos, x ccna] e tel een Leia. « bees 24eh18 §2 LOO2 INDEX. PORTERS ( Continued), bond required se ¥ yw. 0 OL ae Pin ree ee a ree eee ae ner NUD ETIL GE ig Ps ead sa, gl Ve is gee ake fine for non-compliance with: law, s- 1" 5.5) oo) mcrae PORTLAND AND NEW ALBANY FERRY COMPANY, incorporatlen OL..B. whic se inc Gee heath eer ae ee OOP POTHUGOES, sci). he ay peels: de eos ee caw ae he aa ae ears COPPOTALE POWETE So.) Pues sepia, «aera cei Me fleece Bane aa cate ste CAPIC ASUS OI Cicer ayes ler ag fe fad afta svete Oe Gs meee ete dirsetore and president, -o).\. ma) tebe memeber iy ee Peat (direatore tees oe id, UR OR es, Ween: ai OOS ET. | ieee arent Oy ek nee secon subscriptions, Pane TLE le a es eGo may purchase of others wharves, approaches, aciohtoat elc:, may accept certain property in payment of stock, ...... may issue bonds, execute mortgage, etc, . . 6. «6 ee ew may consolidate with other corporations, ... .)). 9. -. so... = 2 sell or. lease its: po ward edes oo ecb ae hen hci en Ae eorpohators chan eed e. arises ia Se 2 eee eae ee capital stock increadedl eS i Oe ee os a ee PORTLAND CEMETERY, office of sexton created i>. ac ree os stan terete ee ee POW DER-HOUSES, regilations, ConGeTnMINg 72) Sew ose ate ae ree ae een PRECINCTS, ELECTION, See Exxctions PRESTON LANE, described’ gnidstiamed- oe, vik a0 eel ete eet eee eee ee PRINTING, CITY. See ADVERTISING, OFFICIAL. PRIVY VAULTS, regulations concerning. . . yeti etl Po ty cok A ae acl sere ee removal of contents of, ea nlaceal eS ah os oes Bie Ss He Nee ee en PROCESS, may bedssued by license inspectors, yaa we ern PROPERTY LISTS, return of by property-owners for purposes of assessment, .. . See TAXES. PROSECUTING ATTORNEY. See City Court or LOUISVILLE. PROSTITUTES between ages ce sixteen and eighteen may be sent to St. Xavier Institute, PUBLIC BUILDINGS AND GROUNDS, City and County may enter into contract relative to, ...... federal, jurisdiction over ceded to United States, ....... EXEMPlOn AVOMMLAXALION Gc. tac mateesi of kre tat wearers Cea penalty for injuring, damaging, befouling, or defacing, . power of Council in reference to, . ..... : Si ap eele Mayor authorized to employ persons to keep Gity Hall in proper order, . to report to General Council names and wages agreed to be paid, PAGE. 418 135 174 225 225 290 352 493 493 Src. 82 59 62 63 64 65 66 66 67 67 13 49 96 54 wow = 61 22 INDEX. 1008 PUBLIC BUILDINGS AND GROUNDS (Continued), PAGE. SEC. PReo CIRCE NAO. © oF Sans age het Ghee Pree Septeh we orene cowie ts | 200 3 courthouse, petialty for defacing, ett, +. 7%. er a le tedges Pees eter. eed 4 Citys nospites, penalty for defacing, ete. o% ee tee aes a te ee ie #4 5 City basin, penalty for violating ordinance concerning, ........,. 495 6 division of The City into two districts for purpose of providing parks and PLOGR ITC COUN Retna. te Peon tM ee ee OT ee eee tl ee APO) 1 ex penseain, G8eh Mistrieh. oc. ee i Te fe eae et ate cay Oepd 2 ordinances establishing parks or pleasure-grounds to ie approved by ROU A VOLO EY ci aa’ sta imae et. p rene ant he nr Rene Sea, Meee mt ieee KOS 3 PUBLIC RECORDS, all records, proceedings, and papers of City authorities, declared to be. . . 342 9 PUBLIC WAYS, MELOTEOUNBORTI.. oe fl’ trannies ao pe ae ake te aka ee ere tan Pabe wee ety LROO 1 PeIEOT VEL GOINLDO Oly 1 bere ass ae beth tore te nde ne a ey We Do et een She tS ] Diverter NN DTOVS, . iscrls 2o iq. Beret od vO Ree ee TN Es ee eo tema t: HO 1 SORA VE man ter TOA TING: Of owt Gee acl penal lteter se Rae Nhe a Ae ae bo fe, OO 1 HeOwAIIrovamMents sliall De Madet2Mic- aii hoe ra pear ts, Peak CR te ty OS 1 Oe CNA COURLEEELION Ane Nereus) SSE A tak, ue Ee oe Leh tarB ee othe, Oe 2 SVGHOse Cost SAG's wee, eins Vo Seen secu ee beet nis a eee og COD 2 Le We POSES, AUPOLUIOTIOU te) felis e clan a ty, EN eee oe tn A Bet eas lees TOO 2 liens on adjacent property for costs of publiewy -way improvements,. ... . 502 3 irLOLesi Owed On: AMmOUnts Cues! 68 gis 5 Pa eel ee carp a ee erie gt OU 3 Cen een RCOUs Pics Bence and terete cir a terete eet 8 ogee me ese OU 3 eercreinsCouneih proceeding’ unavailable, s--0. 5.0.7 ote Was we 2) O02 3 The City not liable unless recourse be had against property Rengteen es Oe 3 ordinances directing original improvement, how passed, ........ . 8502 3 improvements of sidewalks, how.costs apportioned, .......... . 505 4 improvements of public ways by owners of adjacent property, ... . . . 506 5 notice and inspection of improvements preparatory to receiving, ... . . 506 5 evidence in suits to enforce lien for apportioned costs, .... ... . . 509 6 meht of redemption, ). .—.) . 3. Rs rae te Si 509 6 final confirmation and execution of apae aA Rts Ui be Bice get ee: Wes yee SUG 6 mode of apportionment as adopted by the Comte an so ew a. x BOS ‘ek apportionment warrants, making out and registering of,. . ...... . 518 7 Repairing and. Cleaning, The City divided into two districts for purpose of paying cost of,. . . 515 8 expenses to be assessed and collected in each district, . ...... . 6516 8 POSER UTOSSRLG. OL ABSCSRULON ET Cees chu eae” Me pe outer ally en MELD 8 SEC LUS ORE cla ha «a! ae APM ote: a Wey rest Gen Oe ate tcs es LO 8 BAN Oke COUMLTAGUES clan te ME Ue: ere GA aed eh rdied vg Ge esi they, Chutes Ol 8 manner of executing work may be declared by the Gator Spit ek OLS 11 contracts for repairs and crossings, how let, ............ 519 13 Nhells bea -conmrmeds ky the Cater —.-\.Mguie aan, beets kere End Res OLD 14 PomimMencement, Ol Work Under, ssuamee 5. 4s) Al a oe eben OLD 14 PRUCOUAION AIld, FOLbtIt es Seeman.) ve Pia Teh clk a Oe aie ty lanes OLS 14 PERy TUETPIOT Keir oo tines ee tek aot eke® an, 1-5. Lhe Oe eee Penne es. SL OLD 14 amount and general character of repairs to be declared by resolution,. . . 520 15 AsseaenGnt Of Expenses, . oo Ke. +. ae ssante WARE. SEE. ide ts .0RU 16 1004 INDEX. PUBLIC WAYS (Continued), ; Reconstruction, The City divided into two districts for the purpose of paying costs of, . annual assessment in each Mistriets. can ate Ae ee ate ee maximpm rate of ‘assesement,<.55 etl eeu) oo Ce are application .of Tunds:ins wcewaese cai face Ae acer ana ero te mar Street Improvement;Coninuttec. 18 79> Je). sais ee ea we Vee Nuniber Gonipositig’: Kw. 1s tug te igane fee eel MY Cones Neat hs aN ee Udy sy Alba cab wey e We ure ae egy bs hg at Ea ta ne a clerk of And his compensation,’ %,.es ee) ot las uate ee eee See laying of gas and water pipes and drain connections before, .... . nohite by whe ne wmiedr as Si Wy ace te ees ean eee tee me ne Excavations, Use, shall be enclosed with 'a fence, 8.) Asoo. om marks) oes Waantcey cee eae fa unfinished, fo be enclosed-at nie ht we, (ieee es as aid eee ee as requisites of fenee.. 21): (O06 2c ve aoe se Serene aus ee een fine Tor Non-compliance, «2 ese Ae eee) hon eon ewe a eee finished, to be enclosed “at. .all-times, | sq.) Van one ee eee ne removing earth and other materials from public ways restricted, . . , exeavations'adjomin & PUDUC-WAWS..; #ett.. since, Wiese er a arms reeulation Of "oc | Ree. ten ketal eRe Ge own el a eo vaults, e¢c., to be securely arched and covered; penalty, ....... holes, etc., for building purposes to be filled on completion of building; peng lyr see ia LS Shue tae een Nes ek cane ee oI nae fine for viclating ordinance concerning: excavations, 9. 0.53.5 «)s fences and red lights around and on excavations, etc.; fine for not put- TINS Dye i942 hid OR ee Ue ee ee RE vehicles shall not be placed or left on sidewalks at night,. ...... beasts of burden and vehicles not allowed on sidewalks except in pro- eesding. topor from premises, wy. thas) s extn aeey lee ee er eee blacksmithing in prohibited, > \\nts trate: em teen seh ee me obstructions torbiddens, sisnsin. a Rie eae ota eee ee PUFPTest ues i.e. My Ake Rohe. aed fey et Bobet ore Ae, Gale nan, ay ee wood, coal, lime, sand, e¢c., shall not be kept onsidewalks,..). 9. 2! « injury and displacement of pavement or curbing, .......... necessary displacements:repulated,:.. eco e. ota ee ecu cee sy ae removal of building material, etc., from sidewalks,.......°.. removal of building materials, etc., from streets and alleys,. .. .. . occupancy of sidewalks for vending or business purposes unlawful ex- cept as allowed Dy ordinances, .) 2) Shclee sone, ware Dace Seam unlawful to cause or permit slops, filthy water and offal on sidewalks, unlawful to place or throw filth, offal, peels, rinds, etc., on sidewalks,. . three and a half feet of sidewalk allowed for display of goods... . . vehicles and other obstructions not to be left in a street or alley, day or night, ‘ver Spa LAP 6 os eee ke Ba TA ee ae not more than one-third of width of street may be used for building paberial eee is ages Py cg ee Nee corona net pk ares ean i use of sidewalks for shipping or receiving goods and merchandise, . water shall not be allowed to flow from drains during making or repair- ing of the street ortalleyes tay na oe oh nee eenes ad eee PAGE. Or bo bo Or bo oon tet oe ho bh NM bo Do we bw Ox SH | 7 ~ ay OMS od nf Nm bo WS co Sot Or ow) On NS ho 8k ts Oo Go COs RK (Je) SEc. bo hal Co Ww w ie ew oO OF Co oo co ~I ot) ie) 40 41 42 45 44 INDEX. 1005 PUBLIC WAYS (Continued), PaGE. SEc, DEOL 7 IGIBIN PEOTOINIANCES <0 ke Sr le ee war ie Reg? ~~ ae eek we UDR 45 unlawful for three or more persons to stand in groups on streets or side- Wet em nt Gh Deer a RTE TRON a eh: NO Eas” ae Et hye O24. 47 hemtonyiomating the law pie eos deer ae ase ee eee? Cees OD 48 Cleaning, employment of a supervisor, a clerk, and a force to clean public ways BMUsTeMiO Vie SAPNATO. 7%). p en | we eee ale acs bebe Valens Bie) 9s [het vs | OO” 49 SOMTNeCNPALON OF OMPlO Ves, fh st titers PAG & ata alse a aie Ree cree De 49) drivers, carts, and teams may be employed,;. .. 2... se 525 50 force to *be under the direction of the Mayor, 2. 030s i. she, B25 50 Mayor may discontinue the services of the force, . ........ . 525 51 Sa Pan wisON 6” DOT, ¢..9' 0 oo Sabin agree tas oe ee RAM ee ree angen 525 52 suinervisers accounts and reports; “25. ar. ete Ah Fey 525 53 bwo-scayenver districts established-27. “ity. Sts Sa Ra a aay 525 54 daily rounds of City carts for removal of ashes, filth, efe., . .. . 526 55 times when carts shall go their rounds, 5.9.00). 2 os 826 56 ash-boxes, etc., to be placed for emptying betore 7 o’clock a. M., 526 57 breaches of ordinance, how reported and punished, ..... . . 526 58 Sprinkling, ; Prior iio. a8 $o-meatiner, Of, 24 tk WN eC eee ts: owen Rr eo taee f., AG 59 Pen kererAU Uy Waste Ol WARBM carn Wels ititr i ama eerie bees Th ewe oth ame aed 60 io peaasiee orifices Ot carts reculaied sats = Gnas wwkl sb! nape Wek dco Oad 60 iicenpe OL. Dersdie Springs, ofa nut heroin oar tat te seh iets ke 527 61 not more than one party to sprinkle the same square, . ....... 527 62 SeMecehvy Oe. SUTIN KIND PTOHIOIECO. ke a Ge olies uaa a ws atte! tr Man twee ers coe OG 63 Reigiinotinne Above Sthech 15 ese oe Set ae ea ene awn, NOL, 64 shall only lay dust and not create pools or mud, . ..... ... .+627 64 ordinance not applicable to sprinkling with hose, ..... . 527 65 water tobe LUTO WI 1Orwart der GArt, .J9, a0 eus te of poe 527 66 Gineghicn tO; ue: SPTTO eteta el) 2 ela Prokop ty Medan, CD27 66 VIOLBLION OL Orin anCepisd CL CHIOI™ | Yrs ee tas ah Sk ee a eee HOR 67 Particular Public Ways, Prase-plote-ohy Chird: Streeters a: on. pete ees eee eure eos, A O20 Te prase-plote on: Wash Broad way; : =). VM alt Cobre ee eeye: ¢ Oy O20 73 authority to reduce width of certain streets in Portland,-. . .... . 529 7 authority to close streets between Seventeenth and Nineteenth streets, and Bank Street and Portland Avenue, ............ 58 75 PrchereAveniwe NADICG,~ Ln 5 «tesa a ee eR ee We SM Se ee OBI 77 DROME OHS TMC M, Sis ke cee clad ye ere ae eee hae ih a DD 78 HeSen VOLUN Velie TATU. >) a Akasa ne: Meee cl lie Aaa eee ee A Pe EG] 79 Bren foree venue DAM, ies. 1c arene eee oe ted ORG Pee eae “DO 80 BIEL OA VOUTG NAUIOUR . och cetce Se Manila ete ee on a Me SOO 251 waTIOIS streets. VV est End Trenamedersecs fio. wire Sins Pa eee OL 82 Ronnie merest named se” 6. eeccrl) emiaere a On LA cee ey hen |S aD 84 Griffiths Avenue named,...... Marke ot Sena et Nh at, ee del yy 85 enlen ou Ven Ue Namieds) fF. 2 a beim eh sv) suiakee nig wot Shedd ot ODS 86 MIO Curt DAME. . ueihe > cee eee, (or there a nt inet es be wel hOOO 87 Piee eck, 2 VOUUS Nae, 210. Steere n 6 a, as er en aie MR ov SOD 88 eel Ney ONE DAC Al. eee ee 5. oo) Sibir ees Rew eo eae tert cate eo 89 Monroe Street, part of named Rowan Street,. ........, . . » 588 90 1006 ; INDEX. PUBLIC WAYS (Continued), PAGE. SEC. Market Street, west of Twenty-third, named,. . .......:.%: . 683 9] Burnett Avenvenanied, ». )s60 CASS pts ols ena a eee cae o2 a part. of Twenty-first Street named, ia sya eee” © eo oy ee 93 Bertrand Street mame A 2 Ree, ets Pee sa) ete Ge nace ern aie thar 94 Nashville Avenwe: named, “5 Ser hhc cia Meet tae ieee ete aoe eae ae ee 95 Preston, ane namedsn..c- aot eee SCR MMR MMR ym: ye aa ek ee Ne 96 Morton Avenue mamedy 0 eh als hs ee een Baas eee er 97 Toucad’ Place. nameda We Ahys wae ee seen eae ee ae Wy es Phe eee 98 Miscellaneous Provisions, gutters: of, fines for, obStracting ay Jane eet 2). mage ke ioe niet eee 4] penalty for digging or taking sand, gravel, or earth from without Gouncils permission, e's.) 4) 7 6 wese Le ee) eee ae = Pee 63 throwing or laying dirt and rubbish on, penalty for,.. . . ‘Med ee 64 suffering noxious or impure liquids to run or flow upon, penalty for, . 290 64 street cars shall not be hauled on, unless upon track, penalty,. . . .. 291 65 lounging“and loitering; ing penalty Top, cpa st sk oyace bee eee ees eee ee a 66 shade trees on, penalty for Injuruigyys Sia! ihe | Ae cea ee eee 68° excavating in, to lay pipes and not complying with ordinance, fine far, 298 70 power of Council anirererence 40, cons pea = oie nen ee ee 22 how street railway companies may occupy, . . . Sits! ie ae ml tii See ote 32 parties excavating in or disturbing, shall erect barricades and keep way in*good condition six months, fo. 2 ees ie Sore Ugo eee 14 city bends for improvementrol Authorizeds’ =m J ser ecw al eeers teen SE i awnings Over, regulatedys 2 5) ta caliwe. moun Westie ee ap ee er ee 1 use of by cidle on» repalabeds” OY 70. Vaiay ore bee pee aie ee 9 removing dead animals rowel or along y restricted: 1.5.04 be oat ae 14 offering’ cattle for sale,in, ‘prohibited, yes sixa dg use eee ee eee 16 insecure cellar doors, gratings, 2tc¢,,.on; prohibited; | 22.) ys a a. ep eee re 17 cellar doors on, not. to be left open, 4c sage ie in ok eta ac os ee 17 ridjng-and ‘driving,over, speed refulated, 9.5 oto nim bie aoe ema 30 geese shall not be permitted to run at largein,.. ... ..... . . . ., 281 39 may be graded, paved, or Macademized at the cost of The Cin i aids kD t 9 lines of, shall be extended in advance of improvement,....-. ... 221 12 shall-be. closed ‘during wmprovement, ort...) ee vee ie eee 11 Engineer cause the crection of barriers across where alterations or im- provements Bre iin progress, 7. Wy es Oe oA ee ee re a ee arene ee MCC AT Arend mente Ot -3 ke aA, eS Sn, Ae Re ee ae ee re 48 TVOTLG MONT: Fic Ging. seats Sha tbs fe AS Ns: Se eee aay a le AP 49 ordinance granting Tight-oL Ways fa. a ws es ee Gs 51 Ordinance-:granting Net ol “WAV sh lel ecibe es Seals tee. ene ten te ee eet 62 ordinance:pranting right.of Wwayisit na ieee ye ie ee eee 65 ordinance. sranting tight of way, «021.4, coma Scat ee een ee nate 70 ordinance waiving rights of City in reference to,. ........ . 606 75 ordinanee granting Nent alway, Sel. 1) ey eee ee ee me eG: 77 ordinange. granting right: Ofewra'y, wi. 7°. 4. aavele net ne ea ae Pe ey 81 ordinance adjustiny’ dispute, withsi0-5. Gere. wel coupe, ee en re eS 91 ordinance granting use of tracks of Citizens’ Passenger Railway Com- DAILY j) cle NT beh s Servius vie ere. 6), oo ke RCI pal net ee Me a CL RS Te) 97 Central Passenger Railway Company, act of INGOT POrAtiOn; «os uevistus Lata o2y bate Seam eak, oar), Deanne oithene es meni Ee 104 amendment, .; 00." 2 Bato pak .e kis hee ee ee oP Mee Ae Ee 111 amendment," 4°. 5) Osi ee Alyse) eee Ue che, ee ee ne een ae 114 amendment, {05/5 cee yas teas 7 CE ene ee a ae Gt 118 amendment, . A EL ay ee ANIA ME ME Bs a DG Fate ge EA Gh Le 119 nMendinent, so 297.4 2 al oP ei es eri ale gt, en eT oP 120 ordinance prahtitie fight Of ways es cv cake sce) Reel eee en ey ee 121 ordinance granting right: OL wa ywcuse.) « ) bare hewee, pie ee eee eee oth 128 ordinance pranting Tight of pwey, tome. 5! 454 in ly ees ee eT 132 Ordinance Tequirlig EXTENSION, « -eMereeey = ks eves ar eee 135 INDEX. L009 RAILWAYS, STREET (Continued), PaaE. Ske. DERMAL OS requiring Oxtanaions |. ro waas nae Bocas sy ud vera x) O2e 137 Himunce crantinp Senior warn, 2 a owwee ae Glee celnas) a OE 140 Ikentucky Street Railway Company, Do suauorizine bulldine Of POAMAI «Mele. Ms) of Mien 2 ial aoa! Ge. dion, O28 142 amendment of charter, s 2. 4 Sas x Peat et Oh ett ee a O25 147 Orescent Hill Railway Company, DIOMaAnca.PTAntin fe TehiOL WAY: asset best SIRs) elm etna ue fee oH. O20 151 West End Transportation Company, BONO ICON MTAclOns s,s +ctepdh (oly ee a eet ay ea oN ae ome he 50 REAL ESTATE. Sez Taxes. REAL ESTATE AGENTS, Poem eet ep LICENSE. oh.” vr "o “idyst Gall Aer «Mean ake Mesa Bika tie See de 84 CROMER eg ely eee tl re ae ae ie Pores 4, J) 410 84 Porenor mio sting license: law, ay 5. Cp ety Ge Agee? oP ca na Aneto. «4h 84 RECEIVER OF TAXES, mare tha LOE Ol OTC G.ul inet c Gee ail al ha ee er ete Oe al! OMe earn jet Et 1 Sm ESeLete OM IICETOCINEGU Arg ©: 2 on foal one Re ehh Gobet de a aha aye eo, 2 400 2 Pe Mie od PAY Ol, set ae ae nana Us te aca ones mee aie wae) etn eR 1 OD re Seep LraL ames SM eb ee re ve tBins Ct dl te A gegen, SNe ty eA eA SCO OG 3 Pererem Irnminep A PAF li nae ie Rel Dey cals ee ea eed he @tbG 4 term of office extended, 5). .% +... : : 472 23 execution of bond required,. . . .:. . PA tee Mahe eae ie ihe inal lB 28 failure of to settle accounts a cause of ihelienbinee porary oles, fs. S620 1 conversion of public money, liability and punishment,. ........ . 680 y Be eras PAP UISCOC ate a. vas eke. ba ie ey Chup eee” EN Le Ob UA. whe pate lta? GOO 3 Dit ent Ce LOLS SAV Cte: ean ai af ap aeude nee, (tines dae Wel of ve rhe Ue eee e's OSL 4 Pa Treen He. OV Reon tale ere ees van ts) a RR Re eon Lee a Me OO 5 Ne eREGTEDS Ob Aothy | TRAN POL Marty ee ei aol ce we ute en on EM ants Coe ewinal se Oo L 5 a ROGIER AIM aN TELA POCOII Ace. <5. + ote) arate bah et ll ee oe tee eee oo OO 5 FEQOrU AGRA ACRE LOLANLeTLS, or Fl truce vay eG Ncey Stat 6) aye aa thee ee SOO 6 Breninmulowed Onan parc. DIS. Try Ge Vs ce) ee Wogese| chesa hs: eg oh | cane Sere oe DUALS, obec IIe Nee Be a ess Be pacieort ee mms yh Wate Stn chaiT wg Lee Cage Pe a OY 8 BreeueOn tiHUCO 11 CASO, Of VACANCY co x a ve) et a) ceuh ea all el 8 AW Rape e Mao em 9 AARP CLCTINOD ANC QUIET R DS 9! 6a, gt ve olin Nk ee Ea ag te ois) s) Poe me Ge 10 tax-bills in hands of may not be changed by the Assessor, . ...... . 632 11 MSC LE ys, ity ea eh ev bye “oe eeee ec Me Wig Ooms oh nema tea 12 shall collect ad valorem and fee TAK een et any ig eat) Mba saree LOG 2 shall in May and June annually visit aes tee er and demand payment of tax- jeN ER ata e Mee Wait oh Ry ae ag SO Se rae een re 778 18 shall leave with or read to party printed or written notice concerning dis- tran andwarnishment of-rents; Ge so. Sse se es 778 18 Pere T GLO: edo Patt of sues 2d) a’ Sei ra RRM «be Dnata, ah kes 778 18 See eetia ee POCUIPES Ilise) ULV. s) (ate 26 ad We, 6 eR ee hE Ns lela ter PO 18 shall file returns with Clerk of Board of Eoancilaen AS ont Ph et ated SPY aera if 18 answerable for false return’ to injured party, . . . 1. 2.4 6 » «> 778 18 778 18 RRA IWe on 3 Sy y Ce) eh atl Aes o Mame mia at a: ARR) Se Ted wd Age bop CORE se shall levy warrants on goods and chattels not exempt,. ......... 780 19 shall return warrants to Clerk of Board of Councilmen, ........ . 780 19 64 1010 INDEX. RECEIVER OF TAXES ( Continued), shall make out list of unpaid tax-bills against owners of improved lands or improvements; 1. Yay whore Via! aE et eon A Teta gules bed lp = Gece eae shall notify tenants of delinquents to withhold pewter yee Gee ae commission allowed om... We rece cc tay! ely tee ott cge ee an ree shall eivé-wdotiee To.tenants. aie Aeneas. ere as Boerne ee ea answerable for failure to serve notices,. . . ks PAM ARIAS lye hres A Nt shall on May 21st, of second year, list wanaid tax-bills and furnish same to City Attorney,, pin soso een Gel tie ae shall take charge of and collect (aes books, ete., in hand of Back-tax Collectors: 3 5o) eae ee tere oe ee ag ene Siok gan rae ret orange shall state and settle his accounts and receive quietus, .....:.4. 464s allowance. on. uncollected tax-billsyee.es Ble 2 eer ce er eee responsibility for uncollected dax-billeias . 0.0) Gale Gh sae eee failure to receive quietus, .. . RETA Pee Pe eS PM am eae RAR office of, declared vacant,. ..... how, elected for .Gnexpined termy oie sion. tenia Re eet a office of, how: repulateds. foo ey ita le, omg ete ees een shall mail notice to parties, fiduciaries, and agents, in arrears for taxes, of distraint or s@arnishments ) ca Os Oo ~I =i -I a 1013 af. SEC. re 4 13 LT 19 20 co Or oo Oo or) 1014 INDEX. & SCHOOLS (Continued), PAGE unlawful for colored children to attend schools for white, and vice versa, 671 erection of school-houses in The City providedfor, ......... 671 Sanitary Provisions, 7 pupils shall have been vaccinated before being admitted in schools,. . 673 Health Officer may visit any school in The City and examine those in attendance to secure compliance with law as to vaccination, . . . 673 fine for violating the law or obstructing the Health Officer, . . . . . 678 University of Louisville, IMCOLpPOration, | Yq 4 4s en eh ale re NOE tt alate mAs Sea a cee me Cre First Crushes, GUh ee one en Gee See aoe steer 2 Oe Rg mann Sean Oca ee Corporate POW ers, ) vias bese alee) Lhe hints nied eats ames tek an net appointment of officers, . . . DL Mee Mite rae oie oY e conferring of deproes. | 715 Vie ees ash. a ue ae iy ae ea ee at préesident:-of the boards: as wi ole 0) alaeh tn Meeines bint eee tee term .of Otice of Eriastegey 0 Poa arth ee A aa tue ee ce SEc. By 38 42 oo i> OS NOAM TH OT oO Go Or NX Sr BOO Oo co oO =] os] Or Or Or 2 OO a ‘oR ~ INDEX. SECOND WARD, boundaries of, ... . —, ans : SECRETARY AND TREASURER SINKING FUND. See Stnxine Funp. SECRET SERVICE FUND, ROWer OSPF OOINOL iO. OPEAlO ree ch wee Uetins ng Ve) Ee ny Jin Ntine at disposal of Mayor, SERVANTS, DOMESTIC, not included in the nine-hour law,. . . SEVENTH WARD boundaries of, . . . P aad asia arene sete a ce oe SEWAGE AND DRAINAGE, division of The City into two districts for purpose of providing, ' expenses in each district, assessment and collection of, . sewage districts may be established by the Council, map of sewage districts, costs of sewers to be assessed and sania § in each Hien! separately, costs of sewers in Third Street, . . estimate and apportionment, yu. 6 aie send ws drain connections with sewers; application, Seiinate deposit, . laying of drain and certifying of cost,. ..... refunds by Treasurer, . . < assistance of Street Supervisor and force in respect to drains, . Treasurer’s account of private drains; restriction as to use of money, . grades, inclination and depths of drains to be fixed by the Engineer, fine for throwing substances in catch-basins or sewers, . all connections with sewers to be inspected and approved pe ina City En- gineer, aa. : 9 eee Wresetinal City bonds to pay for, in iatarh District Wiehe hs ast Western Outfall and other sewers, City Bons to pay a boeheriead tax authorized to pay sewer bonds and interest,. . . . issuance of bonds and apportionment of proceeds,. .. . tax for cleaning and repairing sewers, . . . SEXTONS OF CEMETERIES, Sine UiIre- permits. Jor A Ul DUTIES, Ws) co tea jo, co os ln de) Sy ov wes kKeepopurial permits filed away, g..« (2405 (.)c.. ae a failing to comply with ordinance concerning rene BrectiemrasOOg tis. eh et es shall obey cemetery regulations,. . . 2. 60. 1 ef a Gig eraves Ae required... 94) oe, kale de eine b RO OO VOL DORT UM cm am ieviic: Mu brsiehtcncayehgel Set its open gates for visitors, . i Ree Kame NCLe cles tht POO OTOL a a ila Ae Mine oll eo ia, 20. 6. | 840d on ie Teports: Of, 10 the Mayor.) 2. 7 yl lode a he, FL) pa on ae eae C97 ee Sexton of Pordand pare PAS AEM te aa ne ae BSC LOt, Sen AG tis. 5 se. SR y we folie PCLT BREE Ty ergs tne teu RSs Parades Man! (ody 2 9 APE 6 NL oie tas AR Wie HUB MRE UPTO DOT Ue, GAIL AN Py, Ga kl vik) «ves @ ee oo Meee shall report monthly to Health Odiner a See CEMETERIES. PAGE. 29 354 443 461 65 1015 SEC. 10 15 oO Om eR WD — et DS © Oo =] tt pt Or Re & 1016 INDEX. SHADE-TREES, ordinance regulations for the protection of, . SHERIFF OF JEFFERSON COUNTY, a member of Registration Board, shall fix day of special registration, SHIPPING AGENTS, who deemed to be, . rate of license,.. . . : fine for not having license, SHOOTING GALLERIKES, rate of license,. . duration of license,. . fine for not having license, SHORT-ROUTE RAILWAY TRANSFER COMPANY, incorporation, . corporators, powers, . Sa ee exclusive priv face granted, right of way, Sawn Ares fs tere ane may construct and operate railroad, may connect with railroads, .. may regulate rates, may operate branch roads, shippers on, entitled to side-tracks ina sine in election of directors, eee capital stock of, personal property, . . may adopt by-laws, may file petition in ewer Chincers Count # res! property, proceedings under, may borrow money, . . may issue bonds, act of March 7, 1878, eeeden: net earnings of, limited, shall make no discrimination in rates, right to condemn property restricted, connecting tracks limited, . shall not interfere with navigation, exclusive right of, to certain space, limited es boas years, right of way granted to, shall not obstruct traffic, shall elevate its track, shall lay tracks under supervision of City Hinpinaer rate of speed not to exceed, shall not discriminate in rates, shall hold City harmless for damages, shall commence and complete work within specified Ror otherwise grants to be forfeited, . unless extended by General Council, maximum rates regulated, PAGE. 292 634 ~ 638 421 42] 421 421 421 421 805 805 805 805 805 806 806 806 806 806 807 807 807 — 807 808 808 808 809 809 809 809 809 809 810 810 811 811 811 Sil 811 811 811 811 811 812 SEC. 68 SHORT-ROUTE RAILWAY TRANSFER COMPANY (Continued), WPHORS 10-8 TOLOMALEG i) ec cl ce ae we hh ee oy Fever, 2reient Teds ter eka lige ee bt tals SIDEWALKS. See IMPROVEMENT oF PuBLIC Ways. See PuBLic ‘Ways. SIGNALS, ELECTRIC. See Gones, Evectric. SINKING FUND, Commissioners, ALIVE PORALLOD Pst cee». AV AY he ace ee Oa Rake (ate Pen IE PECRIICNT, VCO ahah te, aL chr oemen lg teed oP en feeb WAVELET. O6 Se evils, sae er eay ed eedoy be COMIINLOT, BEA), “5 etear te” tri oct Va ee on a eee een R ees PULCR AD Vala Wey, Vet cick ote ox Re ong IS RP ea atte nee acto PORTA OMLOC. D0 laa es ine De | ae Mids elizibilicy-.and qualifications, (fat hae es Ree, aoe Je eriers-upon the Mund, 4. "60 pet ay hay ce ene oe eh eve control and application of funds, estates, and incomes, . Fagnehl ys statements, bP Gee ot Goeth te Pa ce tent eae see haat PEDAL SLALEMOMES as co op ASL er Peg ote ede) oh Momrees awe Te hay BOUIN V Lt POU OMG rn oo heh) gee een Mamet AV Gaseal tee ets | PRIbCAS LOTION. a rh net ood te hase oe Wr cee ek ore COIMLBONSALUU ta ce et el ch eee tend Lem eel ape At 5 control of all resources, taxes and incomes for payment of City funded re E10) a SY Ae BON © nieve Neer e tears 2 °n re A Raa By fo Council may repair or improve property the income of which has been Bel ADAPE PUKING | UTE AL Apa Acre REIL: limit to which Council may charge the Fund, .. .... TUBOR- Of GONUSIt Oh MCS weirs oe ih. Pamtres Belt sltey te hs. te DORAAATICE Game ME Tyrer “Catt ergs cee Meth Buble is Aust OP iePoa so tata ta ee Fn ee 83 assistant inspectors may: execute process, 61.5.4. 5 ts see 387 regulation of salaries, .... Oe a wet WP P AE eas ro Tt Ree 38 duty of Secretary as to Nobueanant for aces. eee icons tee eee G 33 as.to application for tavern licenses /F.5s 5.) as ae ae ee ee ee 97 duty as to transfers of license,. . . sa tea hath aM ottucehs Ki ake Ae: Pe Cimcon at shall furnish ordinance and license to Seon Rae eee Ue rA me: te et 37 issue and repister hack licenses 0%, Beulanty dale mom we tine en en ae 420 Resources and Charges, not to be, diminished by the Counerl wi ae, a eee od 1 may he increased by the; Couneums 0. oh Pees on ce) el ee ee) Bema 1 how kept and applied, ..... . ere Setar irtory ~ee ) Meeee s: 1 City’s stock in Water Company aatied n Pe MME coir rio ge Ati Lis! 25 annual forty: cents tax uddedmoy- io.) - eclice elie 0s Lame ener eran 25 Sinking Fund) tax, ... UR yf arate Fed 1 ahi ape ater Re as eg cae meee 26 all City bonds charged upon is Fund, ahs hog Spat lag POO a cee te ema ee 7 paymentrof thondad debt vex kod Swarts setiede tt ee asa Ie Ween ns ene te ati sh) restriction as-to miaking oliargés, 02). \'= Pattee ilocos ie Da aie alt eae seen eee 28 non-liability for certain salaries, . . Nae Sey re Sea Aer We ae A 32 appropriations to improve property of circle Fund lnmpbeds ae masene scans £ LE 32 | property and incomes of the Fund exempt from taxation, ...... 701 32 , unclaimed stock in Louisville and Nashville Railroad Company,. .. 701 34 Fund: continued as establislied? <5 2a) Wie seater le 35 purchase of certificates of Water Company stock,’. <>... Foe 2 = ee TO) 36 authority to Commissioners, . .. wy 6 2 ee nee ee ee AOL 39 special tax on/express and insurance companies, ....... .. . (02 40 investments, ys SPE G IOS a) Se Pita ne py Us tied a i ca A a a 41 floating debt of The City, ay ny, Hg Ose ob Ware) ah ag A aha ep hincoe Ra RE | a mP 44 arrears of taxes prior to 1882, . . . . (adn DN AM te areata ae Clas 44 surrender of Louisville and Nashville Teasleeatl fee eees stock on de- ’ posit-of certain. bonds 28 pled gesy aiindp soe ee oe 46 authority for sale of Louisville and Nashville stole held by The Oity, . 705 47 proceeds of sales; how applied’ or invested). 5 GA Givsals vas siren OO 48 licerise revenues, <3) hie Lb ao 9 wee Fl ee i es ee ee 2 Ah VALOTE NGA, - inal gee aan Gate». eet ee ae Sa hc Riese ch AL 3 fixed ‘at forty Gents, sic ag oy lame omen cote ois ocean OR aE MCs 30 proceeds of sales of City stock in Louisville Gas Company, . ... . 820 30 SIXTH WARD, botindaries: Of, 0. esi eee. eg eer ont ane Wee ol 14 SKATING PARKS, who deemed keeper ‘of,.:. 0,24) (10) 72 es gE we eee Sa baat, Gite ett 95 as yb 5” etre ea heat ae ee 95 ofa oa pees Se ae 95 Pte ae er A 95 license required,”. .-. rate vot liceise, vay. i. fin for mo0l- Davinre, afin) oe eee INDEX. 1019 SKATING PARKS (Continued), PAGE. SEC. Roller-Skating Rinks, keepers required to have license, .. 05 6 eh ee ee we 422 96 ES LLOBLIER IF cat back R Me bee a lt fapeceterie Gere elne ign by Wb mM 6 422 96 PATE LES TOW Lie WINLE PE hr are eesti tr srs ne thy aos. MeDnetlie, id) 8 422 96 SLAUGHTER-HOUSKES, construction, keeping, and using, regulated, .... . 292 68 SPARROWS, ENGLISH, fine against persons injuring or killing, .........-+.--. 278 7A SPRINKLING, STREET, poner! reriiatiom OF me oe eens dad suet -\ a: |e 526 59 FienithOfieermpy comiral, go. ai7aso. ce * 526 D9 Waele Ol Water PrOniniteds. |e suet seers pl. Fame: ate RAE tog (cae LTRS 527 60 Oinoes, and tunes Of Sorinelinyy Carteret fe. Fre aenue Mon *> 527 60 CONS Tet Ite etme a Mbyte C00. Pecan oni encais te, ahve phe 8 527 6) sprinkling without license,a misdemeanor . . Fi ke We cee ws O28 61 only-one party. to sprinkle samieqWares cr h-wan Sel fey hime 8 es we 527 62 interval of one hour between times of, 527 63 BOTT LDA Gi Gente nate ae Mansi te yc LORE Alo Mend gos Mae” stile SRAWa Bale hae 527 64 RUEEEMPL Otel; ATG TTMLGA AOL MCET sor ase t Sa Tih Rae Ae fac as RC ior ae ore Nt hls Jae alm aE 64 footway crossings not to be sprinkled, ..... 527 66 penalty fon Violating ondingmes, ys 2 “ae elt Ue ey on 528 67 See Pustic Ways. SQUARE, definition of, for purposes of apportionment, ..... +... +. +s 499 2 STONE, POM NY OVC OUSS CUACEM, TOA TO BO Me fT MON a ve ual oe Ob ee) pen, ghee 116 16 STONE-WORK. See Inspectors oF BRICK- AND STONE- WORK. STOVES AND STOVE-PIPES, regulated, as a precaution against fire, 280 35 STREET-BROKERS, Wit Gear eG O° Geok ms = eee ae Tele at, deige, Bp ent, ee aR pe ary 422 97 Be GErth UGAQSE a. «45 Sees MG oe Mh cet ie tees bons. a pie 422 97 Dine tor mot Having license; 2 ke, oe) Sea 422 97 STREET CARS, shall not be hauled or moved on public ways, except upon track, 291 65 being or remaining on steps of, while in motion, penalty for, . 292 67 See RAILWAYS (STREET). STREET INSPECTORS, shall certify to Auditor, monthly, the claims of persons employed by them, 152 6 BOB Meme pare Ot bil Vat MVOUNGI Ia is Ui amis Mayr > eo el aha ere at > 152 6 Piast Unb Y Chm me othe nema. Sow.) aes re?) tothe he encarta sel tO 58 STREETS. See Pusirc Ways. SUNDAY, general Statutes as to observance of not applicable to street railways, . . 595 3 See SABBATH. SUBSCRIPTIONS, Baste WV Auer COONAN Vina wees hs > b> bw Ww Ae PR PR PR Rots WC bo 8S TOUR to OO- O93: CS JeS 69 2S 10902 ae oo 18. 32 32 97 100 99 99 100 100 100 100 100 100 100 | 101 | 103 102 7 102 ; 104 1059 106 107 108 109 INDEX. TAXES, Levies of, after May 12,7884, 3). ts; ad valorem on lands and improvements, ad valorem on personal property, . . . license on trades, occupations, and the use of certain articles, . head-tax on resident males, times, for City purposes proper, . for support of scboois, . for paying Elizabethtown and Paducah Railroad bonds, and St. Louis Railroad bonds, . . manner, and maximum rates of, for paying Louisville, New Albany Sinking Fund, for House of Refuge, . . for use of S . for cleaning and repairing sewers, . . for cleaning and repairing public ways for reconstruction, . .. for paying City bonds of 1883, absence or failure of levy-ordinance, schedule of rates to be used, . what lands subject to, . .. what improvements subject to, what personalty subject to, . Gia VestIneniteiar xe wees faut for school purposes, .. . for paying Elizabethtown and Paducah bonds, for paying Louisville, New Albany, and St. Tae bonds, 879, 1880, 1881, and 1882 of 1876, 1877, Assessments of, fOr TICSTIGG.* faa ses eee ele, 1878, 1 Old y Caciients. secs G Od Ss Se a eh ee I SS SS a cr t rio) co -- =) ae V_~ Co ~I 7-1 ~1 +7 “I 1 6 O © OC OD Re) Oo + He CO ext mDmamomea wv ~ 7 eh PR RP OO al Co Os OY ‘Ss. Or 1G22 INDEX, TAXES (Continued), . without property-sic. .. veiwene uty © ee eee tee where names of owners can not be obtained, ... . .... where there are more than three joint owners, ..... . of particular estates, ... . carat Be a ee Te ne of property which has been sold for taxes, . { .). .. 2. % GOTTeChIONS/Of NAMES. IN Sh aes ce aah ee ere ne en eee eorrection. OL ‘Omissions, =) a) ae wee ee retrospective, ... a Lael pte bile tay Wwanctae eee ited Tee ae GOaI Plants CONCEIMIN Ges pee. Geena eae oe Board of Equalization may approve, reduce, or increase, . . of 1876, 1877, 1878, 1879, 1880, 1881, and 1882 remedied, . powers of ‘Board of Equalization in reference to, . . . . See ASSESSOR. Collection, of license taxes, making out and listing of tax-bills for,.......%.. - . . . . . . . . . . . . . . . . . time allowed forieting 7 oi. ames ee ee ee discounts allowable, .... . * fe fe Pgs SP ied Une co aie duty of the Receiver and. deputy aston. os aes eee personal visits and:solicitation,) 4.9 stony ene POPOLEBS 15 ye ek ER para oe oteuet ee a levy of distress, warrantg) 9c 20))a0 i Sebdiw, pat need ere from fiduciaries snd agents of non-residents, . .... . garnishinent-OF Tents; tesla a, tytn ss eee ree athe neo a restrictions as\to-distrain teu. . 2.5.2.2)...» 2R4 1 authorized to purchase and hold ground for public buildings,. . . . . . 225 2 exclusive jurisdiction ceded to, over grounds owned by, . ......... 225 3 grounds owned by, exempted from State and County taxes, ....... 225 3 UNIVERSITY OF LOUISVILLE. See Scuoots. VACANCIES, Mey bes OM Nile, emer Ree a ee ee ete aa was!) os 2 ATS 48 VACCINATION, SRP EGCAULION GOR Neamt Oey Caden co a mies ny Verio 20 8. te alta 5s DOO 14 fine for non-compliance with ordinancd sla... Mee AY bs, we OOD 14 measures and means, to be provided by the Board of Foster: Manteo NGe Bebe aah, GeO 15 instructions as to manner of, to be published by Board of Health,. . . . . 365 15 ASHIScHTITS We eeituTO nicer Dor DULpOses Orit cats whieh: a ae xt ce) et lc Wane eer OOO 40 Tie PUBLIC ANU: PriVAle PCNUOIe. © ca mene Ieee fice Sy Gat SW wow Wee's co OUD 42 See HEALTH OFFICER. VAGRANCY, , PICA LadL LOL (ia eee Cae ae A toe rea eta anieme D irmis se Seah soe ee KS yy og Lee 74 VALUATION. See Agstesmann, VEGETABLES. See MARKETS. VEHICLES, Stands for, other than hacks, not to stand waiting save in places pieaatee by law, 823 1 SETEAIN DIAC os AanIe GU HS CCTs perme c Mert wc gee twits) ot eye ian 823 2 may stand on any street, if next to tee and with permission of DTOPCT Ege Oiler Ol Lemar team Mun Umut ee aon i tees robe aes, Sur jp) OOS 3 reeulation of position arevehicies QeCupyiny, a wees ek et yo B28 4 POlICe BULDOTILVONL TOLUPeN COOy rd Gurtae a E it ro POP NG AN SO ROR 4 Perot yvIOt Ne OTA Ce Remco MeLei eset yea st Oe Rut hea et). B24 5 Mle ict W HI ONLSete es AN ae thas ae en RNR eae os 7 um Ried Sele) Od 6 Gi POCO GU rir eehe ke Weinman Mes UE Pe Po ile eee ua ee Wl BOF 6 Gil HIGVentle erOOuaman stein hci, as feiss es Lome hates wee eek OSA 6 DORIC OLS Wee ONS te Acc. Ui iru ete th one Wels i eos Cae 6 vehicles and animals not permitted on opposite aide of aresens Pore eee 7 Dire FOTAVIGIRLIOIOL OLUIMATION, ors ey te Lem a coer ae et ak. oe 8 permission not applicable to Sundays, but extends to 10 p. m. Sat- VITOR VGiee os) oy eal Ades as ¢ AIO RA PL: | 10 shall not stand on trae Bete een Fifth and Sixth Fe 1 , hor on Sixth between Jefferson and Market streets, .. . . Pn S26 11 MRE LECT SUT OCG tue athe eR)” FN Pode et eres Sse te alee a0 12 OM aT CGD ETOG ik it eee? sb was Pao oe Ue eh Ca ayers 4 NORD | 12 65 1026 INDEX. VEHICLES (Continued), . Pace. SEC. position of -wagons) 4 y.b y skeet tenn ee ee ee Oe 12 vehicles and animals not permitted on opposite side of street,. . . 825 13 fine. for violation of-ordinance, (c.>. 24. ctx Baas ee le ee ee eo 14 on Secorid Street, ink te op a ae ae eee Se OE comes 15 on Seventh: Stréet, 2.35 us a el wie allo ee a 2 a ee ee 15 on. Green Streeth hao" ins "neice tp as tak * ee tn wel) Pe ee ee Ee 15 pobition of WAGONS, 7 40M tied a ree Rien eels Le Siglo eLOLO 15 vehicles and animals not Ai = on east ae a Basént Siteet . 826 16 fine tor. violation of Ordinance ng). <5. cee eeee Ae oes aaa 16 permission notapplicable fo. Sundays, vas... eres a tee eee ee 18 schedule of levaldrayagers ve svelte seh: ota emo 1 eee ae ence 19 fine for violating ordinance, | 2syet. | ars meme tin antes Fe apne Semen es ns 20 numbering of VOnicless i"). Fe eee, va a eee Ve ase erence nee ge en ee es 21 DOW POSEEG, dale! co: Maem mipmiin en igh Mee hen tay Mee Pa Ani cli eral 30 power of the Council as taj.) - 00) 6 hee ms, i ty eed ee er ee fine for altering or misrepresenting numbers, . . sti...) 4 ©. we Oar 22 fine for riimningsuniicensea vehicles,” ae ou a ios eo a cs eh ee ce 23 driving of wehicles regulated, pu. fo. Gen how) © ee cee ee ee oa ee 24 liability and-fine for wiolating ordinance,” Vo 256s) tikes hee ey 25 weights of loads and widthe Of tines, +. 925 « sscrc. ssn? a ee ea eee ee 27 sehedule.as to four-wheeled vehicles,» A. 2atou «arses eee en ee ee ee 37 schedule as two-wheeled vehicles...) 19) Geto ee ah a ee ae 28 when schedule weights may be exceeded,. . . . nel (adh ee hod tt ees Re D 29 maximum weights and name of owner to es inaieeees on v ahicles At eee, 30 policemen may weigh Toads ice sey oe: street le Mar one eeu ral cy ee 31 duty of License Inspeator as to-yebiciés, 0a. We oe ee ee 32 fine for violation of ordinance, ..... fic ete Din ty yin IS AE) 38 certain four-wheeled vehicles may exceed kneels TALOS, Siro latean oaks Teen tered 34 drivéfs of regulations concerning, i si )s> 1, Nar tects atom) eens one ee ace 75 shall not be absent from their vehicles while same are in motion, . . . 294 76 on ferry-boats between Louisville and Jeffersonville, may be regulated and controlled by the person in charge of the boats,. . ....... 294 it shall not be placed or left on sidewalks during night, .......... 522 27 shall not go on sidewalks except for egress from or ingress to premises, . . 522 28 See Hacks. VETERINARY SURGEONS, required ‘to have license, 4) 4yis. ese ed Sake Locsin cain cae ae ae ee eae dd 122 rate of litense,:.* s7.* 75 cee Core os canon, Vane ete re eee et ne en re va finé.for: violating ordinances Pic. .awaliie neces ce ee ee 122 VETO, ; by. the Mayor, s2.00 07 26 ay te eth set een ace aoe i Sm ee es ie 10 VOTERS. See REGISTRATION. WAGONS. See VEHICLES. WALLS. See BUILDINGS. WARDS, division: of. ‘The: Gity “into, authorized... tee (ay. bene et eee ee eee 3 boundariesof First: Ward icectivs a beeen ed ee) ee ene 9 Second “Ward, 39) Ske Bets hab eek PUR ee ea ie a 10 Third *Wiando3o 07 s008 Ss et be Ca ee seuss en) 11 ee INDEX. WARDS ( Continued), 7 PAGE. ERE Rree VVNATLg force PUM et eee Ma URE tae GORE Gr a tt at cs oo vey Cael EERGba NY GLC. it ae eek eee ee Oh eles MOP De alT coos dette vb. ts 2 ae BREET VV BEG, cn pels Mee ate ets OM wir tet ol A Rarte ean Stace eo fens 8) Seventh Ward, Pe EE arte Caer Grn les a ra ee le a Hay esi Vat ata, cle TT ag ee te ee Kt te ices OO WESTIE VVU ri ee ce ceed eee Oe LET A CoP Es Es oes | OL GGG hy VRE ae a Aon Ce eR RSE Oe eer Sa, OL Eleventh Ward, ee eae rar eel at sels OL Et AG mms elas ot. eae Ria be MATE Pel cee NY ae goo) 4s)" OD WAREHOUSEMEN, GRAIN, posting of rates of storage and charges for receipts and deliveries, . . . . 888 not responsible for Ines or damage by Me, awe. cee wee ea 8” 388 not responsible for loss or damage from heating, ...... 388 shall deliver out grain of each grade in order of time received,. . . .. . 388 duty of with reference to grain in store, either out of aaron or becom- LIED SU, ver Ae ee eee) | MURR eee JE tL: eis det cs Sea ea, MOO not relieved from exercising care and vigilance. patie e rapwat te 388 sHall be held to common law responsibility for negligence, ae aes may We Rey Oe mea a! eis eed, | eae SS RR ei the, Sa OO) SHIGE ADAUCHOM Wyse it ce hana Ae ee. oa ee ARR ee ote, POR ties ss 390 WAREHOUSEMEN, TOBACCO. See Topacco WAREHOUSEMEN. WARRANTS, SUL CH TE WAR Ye LU ICOTS A Mines hcp sie cm RET gO de abe) ise el te Pattee! al roe Gocetict= beenuditore. © ih serena mere ete UNECE tes ei no 14 epparis, Of Oy tae Auditor. Sec none oe ene Bie ei 14 Dimers tial er Be wWilheen mage nae Wl Udeg a (A eric silt. tet oats ee 4 LALO none to be drawn on Treasurer except for claims stlewas or duly cer tified: 151 none to be drawn unless there are funds applicable to_ payment of, . . . . 151 none to be drawn except in conformity with the ordinance concerning claims, 154 WARRANTS, APPORTIONMENT. See APPoRTIONMENT WARRANTS. WARRANTS, DISTRESS. See DistREss WARRANTS. WARRANTS FOR ARREST, in misdemeanor cases, may be issued by Clerk of City Court only, ... . 189 SeNeo Clerk TeTuses: (tetas WO. caieg eens A Mein wats cl) feelers toc. L8O This ve BeOReCUTEK Dy DOMCOMON te) car amram ie aA ltd 9 evn aca be ha Pee sh ee, LOR unnecessary in cases of offenses against City laws,. ..... 484 WATCHMEN. See Porice. WATER, UilawiGlivetakine trom Mi ble tishernin, 0s casi ae sng oa RP ketene tides! ZT willfully and unlawfully using or wasting, how punished,. . ... . . _ 295 throwing or depositing impurities in the reservoirs, fine for, . .. . . . . 295 mHELe OL 1 Sprink Mii PweLreots PTOULMtedg sca. asl, Now ks ela kee ve OEE City authorized to pay for at. contract price, .... 1... 5 ss 701 See LOUISVILLE WATER COMPANY. WATER COMPANY, LOUISVILLE. See LovuisvitteE WatrrR Company. WEIGHER, CITY. See Ciry WEIGHER WEIGHTS. See Ciry WEIGHER. See SEALER OF WEIGHTS AND MEASURES. 1027 SEc. 12 13 14 15 16 17 18 19 20 7 >, ~jI -I ~1 ~1 te Cr 28 102 ~ ; . AIR DEX: WELLS, PUBLIC, . Page. SEC Council may cause’ digging and. walling yao tesla. re ee eee eg ] apportionment Of. costae) 2-5 alte pike: el eee blot pte eee Nn 12 lienon lotsfor paymien or icosts,) "03-959 sin a wre hades ot ee 1 when walled with cement-pipe, how work to be executed, . ...... . 142° 4 when walled. with: brick):-how work:to' be executed; 27. .))) 7a as eee 5 when walled. with galvanized iron pipe, how work to be executed, . .. . 148 6 cleaning and keeping in order, contract for, ... . aia rte Sy Ste 7 notice and inspection before receiving as completed harder eorace ys ROS 5 WEST-END TRANSPORTATION. COMPANY, INCOPPOTALION, <..4 4. e's Se RAS LR, CES. PL NIAY te Caer ie aad ee Ce aa ae 50 authority to build ane operate a me of street rail way,), 50 -rue secs ee ee 51 permission andi eomtracty: Met slip) eile hale amd os yay eee nee Sala ei re ra 52 terms. of construction: anid ‘operation, 231 Gs be. .heie ooh sla econ a ems rene te 58 right to: condemn land +.) i wens ar Be ig iat Cee: OR Lee eee te cea 55 may use tracks of the Lites ille City Ratti ay Goon BIL Yy Vo atic eine sce ect te re ae 55 Capital stock, Wycee pel ec ergs let eee fa on Hale Pat att A gO OE Gt es 56 board of directorsg4e lis) Silk Leak cles Gey Dea ee ican eta ala a 57 WESTERN DISTRICT, : establishment of, i40.0<05, se aS Saher ap a ne ol ca 7 WESTERN OUTFALL SEWER, City bonds for the construction of, . 252 26 tax ‘to pay-prineipal-anditnterest, | s/s «oti van A te ot nt ate a eh 27 appropriation of proceeds, : . 264 28 WEST LOUISVILLE CEMETERY, provisions for discontinuance of 27 ie holt cek ean tle oe ea ee 48 suit'in Chancery Courts Soe, RR MRT Mey Mec ey ee Py oy 48 parties to and determination of Hise BULGE), kilas oc Rel hhc td, oe 49 lot of “Mary..W hipple excepted, 2 4/5 Gas 60 inte icettrane ist eye Se te 50 exhumations and reinterments, <0. 1a. By ips) ln ee eee ae 51 WHARFAGE, rates of for various, kinds OF oats, 1s ean, ee eee ee oe 35 unfinished boats or those undergoing repairs, not ealoes . 51s Che ce eR bee 36 boats at anchor in-the:-harbor‘shall :paye..) 4) 79. vena oe Or 40 neglecting or refusing to ‘pay, ne for Jin. e © obec ante ee ee 41 WHARFMASTER, permission of, necessary before placing of obstructions in the Ohio River, . 288 57 may require removal of obstructions in the Ohio River, ........ . 288 57 election and ‘termicte 7 ee. te eee at ie eee ea 11 Council. to prescribe duties, <4 cox eee lee Coe ey ae we a a 11 bond and oath tequiréd, 2. “tee ye eas | mee ieee eile ate oo an ek al term extended, Re enon em eh ARO Ue ye Ree Mime om a eo TM ah 5 20 Baler yi. dyene tian b gatkl eee usu to: Pa hiceg- ines PEt ce oll Danae Chains ea eat enna 33 Sinking Fund Eee with he Areas Sewn pare ae. Mm ey pr fe Ss 20 location of office. a uch-.. Reale TE eh oe eee aor nae ee See a? 23 deputies...) 0 2p is oo yak est waa all se eect te eMac ic ak Mi nee ee a re 23 peneral duties) > wind. one rer Cate wdc LUV ote DEP EL: pen ERE nema AO ad 24 shall control the mooring and. unmooring of boats, . 9... 2)... 869 25 book to be kept by for registering tonnage, @te.,;. 2. /.- sd eee BG 26 shall keep account of wharfage, fines, ete) 4). see hale) eae ee 27 INDEX. WHAREFMASTER ( Continued), shal pay, repaints mie pinkimm Winds iha ce aii hess alpen 2) Feed ee See Dw) Pte resruletish-Or Private WhAarrDOntiages iia cores a1Le sgh anh, Wal kiys yr bes Laas) tes tertgas pice. Bball be-Lwo yerns.. 9 ont yen wheter kee gens os) tee ore compensation, . . cyte tes RAMAN eng A See ue Ps ee may designate landing-place for any atl line of steamboats, ..... boats not giving place as directed by, subject to fine,. ........ failure to pay wharfage to, fine for, ..:.. ...°. Le ee Rees rafts and lumber shall not land at wharf below First Street, except by con- BBINGC UL cep tants se mraaige isc ge Geciete Dud Pomsen ae he Guy vee ie les Cask adgs power-of the Council in reference to. . ... 2... : aaa nets WHARVES Council SANGER to buy or lease and improve ground to be used for, Veiake ator ob} hile oo arcs ky Crary) Ol Meer gaa eka UTR MC ete ele ordinances directing purchase of ground for Pisa purposes, fee passed, . City bonds may be issued to pay pleats money, - : = Av Atma’ 2 Sy Es purchase money and expenses of improvement may be Syetee to the gen- eral revenue or to Sinking Fund. ....... “ries ACM ouee authority for City bonds for buying and improving Pounds for hare and BFeTed a Ob a eit Bie Ree A Bee ater 5g eri Aa yey Bee VAS purchase of Strader & Thompson’s wharf approved and confirmed. . . purchase of grounds from John Rowan’s heirs and devisees authorized, . various tracts on river-front authorized to be purchased for wharf purposes, ‘purchase of various tracts along the river-front directed and at stated prices, City bonds authorized to pay for such purchases, . . 2... . if not purchaseable, land may be vondemned,. . . . . aes alireyenuee trom, waa Fou PINK IN ee NC ee oe Am sa's lo sesh ie anes improvement of, above Clay Street, provision for, sane AOPIO DIO uORT Olea mia le eter ce ey ee tate aT ame moth ere eel aS 7 lands subject to inundation from Ohio Re er may be leveed under direction DUEL NOOO meee ee Nr Mrs ss ac GEKA gt) Lee Me lee tae a ess steamboats, barges, keelboats, flatboats, and coalboats landing at, rates of WTLUCL A AOE ele emis Han ak | wel Catt. Wied hat Os a hel? Seyap he! Oe ‘« boats unfinished or undergoing repairs landed at, not Railsient to wharfage, landing places at, for daily lines of of steamboats, ....... ha rules-and regulations governing all boats landing at, ......4... keelboats, barges and flatboats shall, if ordered, give place to steamers, * . it Pine OL Strebing, renal py tory . sete tcmeiume Ny jk sha Up ce ee, oye boats with infectious or contagious disease ntaard shall not be allowed to land at. without, permikot- Health Otmicer) 404.5 alee WITNESSES, not allowed attendance fees in City Court unless they live beyond City limits, living beyond City limits, allowed same fees as in Circuit Court,. .... in trial of violations of registration law, ...... FREE ty gee ae WOOD, measurement of standard cord, . .......... : : : CIASSORCOL) Ss Bat Vigt Shkal, © Paha: aor «8 ee. a es SUUW ER AOI Ol Tee a er a erie eee ye he Mt Bais) a Aahe Sg tg WOODEN-BLOCK PAVEMENT. See IMPROVEMENT oF PUBLIC WAYS. WOODEN BUILDINGS. See BuILpINGs. 1029 PAGE. 869 &70 870 SEC 1080 INDEX. WORKHOUSE, controlled and managed by the Charity Commissioners, convicts in, shall not compete with laborers outside of Wor chose shall work on public property only, prisoners in, may have time deducted from terms on era of bod con- duct, keeper of, shall make SC antnte pebriaele premises and lands defined,. . . ... who may be committed to, duties of keeper, regulations concerning, . . , statement of expenses to be Aan e authorized to employ quarrymen, City bonds for purpose of building, WORKS, PUBLIC. See ENGINEER. WYCKOFF PAVEMENT. See IMprovEMENT oF PuBLic WaAyYs. YEAR, FISCAL, beginning and ending of, ke YOUNG MEN’S CHRISTIAN ASSOCIATION, property of, exempt from taxation, . ZANE STREET, right of way through granted Louisville and Nashville Railroad Co., . 47 58 ps Chass Py 3 011 UNIVERSITY OF ILLINOIS-URBANA 2 9 098429142 alta ew ea ee ee .