Jailer to im

Providing

Power of

set apart for the trial thereof. And the judgments and Judgments decrees of the said court when rendered, shall be final to be final, except the in all cases, except those in which the court of appeals power of hath a controuling power over the high court of chan- court of apcery and general court, in which cases the court of ap- peals. peals shall have the like controuling power over the court of the district. The said district court shall have To appoint power to appoint their clerk and gaoler, and to super- clerk & jailintend and regulate all matters respecting their gaol, er, and suand may also appoint persons to contract for building, the jail. perintend repairing or enlarging the court-house and prison; and such gaoler, by warrant of a justice of the peace of his Build court County, may summon guards to attend the gaol dur- house & priing the confinement of criminals, who shall obey such son summons, or be liable to be fined by the said court, at press guards their discretion, not exceeding twenty shillings for one offence. The said court shall also order seals to be provided for the use of the court, and any one of the for seals. judges thereof, out of session, shall have power to a one judge. ward writs of ne-exeat, injunctions, supersedeas, and out of seacertiorari, to award writs of habeas corpus, returnable sion. before him at his chambers, to take recognizance of special bail, and to perform all other duties which a judge of the high court of chancery or general court can perform; and any acting justice of the peace may in like manner take recognizance of special bail in suits depending in the said district court. There shall Attorney for be a person appointed by joint ballot of both houses of the common assembly, to attend the said court as attorney for the commonwealth; and in case of a vacancy during the recess of the assembly, it shall be supplied by the go- He and the vernor and council pro tempore, which said attorney judges to and judges shall hold their offices on the same terms, hold their and be punishable for misfeazance therein, in the same offices dur manner with the judges of the general court and the haviour. ing good he. attorney general, and shall, as well as their clerk, be exempted from military duty.

wealth:

court & offi

cers.

II. And be it further enacted, That where it is not General otherwise directed by this act, all officers of the said rules for court shall have the same powers, perform the same duties, and be entitled to the same fees as are given to, required of, or payable to the like officers of the high Court of chancery and general court; and that in all cases not hereby particularly provided for, the said VOL. XI.

M

org

sed of.

court shall be governed by the laws and regulations now in force in the high court of chancery and general court.

III. And whereas it is just that those who receive Tax on suit the benefit of the before mentioned regulations should bear the expence thereof: Be it enacted, That upon the commencement of any action or suit in the said court, there shall be paid to the clerk a tax of twenty shillings, to be by him accounted for and paid at the How dispo- end of every term, that is to say: The sum of fifty pounds to the judge, the sum of twenty shillings to each assistant judge for every day they shall respectively attend, and the sum of thirty-seven pounds ten shillings quarterly to the attorney of the commonwealth, and the remainder of such tax, if any, to be applied towards defraying the expences of the public buildings, and such clerk shall be entitled to five per centum for his trouble in collecting and paying the same. IV. And be it further enacted, That the judges of place of ses- the said court shall hold their sessions at Harrodsburg, in the county of Lincoln, until proper buildings shall be erected at such place as the general assembly shall direct, and in the mean time shall have power to adjourn the said court to such places as they may think pro per; and shall also have power over the gaoler of the county in which the courts are held, who shall receive into his custody, all persons committed by the said

sion.

Present

Governor to

porary ap

court.

V. And whereas it may not be expedient to promake tem- ceed immediately to the appointment of the judges and pointments attorney for the said district: Be it therefore enacted, of judges & That the governor, with the advice of the council, attorney.

shall make temporary appointments in the mean time; the persons so appointed to have the same powers, and be entitled to the same salaries, as are by this act given or payable to the attorney and judges to be appointed by the general assembly. Provided always, That nothing herein contained shall be construed to prevent the solicitor general from obtaining judgments in the gen eral court against delinquent sheriffs and collectors in the district aforesaid.

CHAP. XLIX.

[Chapter LXXXIX in original.]

p.1.69.]

An act for further continuing an act [Chan. Rev. for giving further time to obtain warrants upon certificates for preemption rights and returning certain surveys to the land-office, and for other purposes.

Powers of

to lands con

1. WHEREAS the powers of the commissioners for adjusting and settling the titles of claimers to unpatent- commissioned lands will expire before the business can be finishers for aded: Be it therefore enacted, That all the powers here-justing titles tofore given them, except in the district of Kentucky, tinued; and shall continue and be in force until the first day of time for lo June next, and that the like time be allowed for loca- cating preting pre-emption warrants in the surveyors oflices re-emption spectively.

warrants

extended;

Books and

papers of

II. And whereas sundry persons omitted to have And to have their certificates recorded in the surveyor's office and certificates recorded. to enter their settlement rights in his books within the time prescribed by law: Be it therefore enacted, That such persons shall be allowed until the first day of May next to make such entries and record such certificates. III. And whereas great inconveniencies have arisen from the register's not having been furnished with a Kentucky copy of the proceedings of the commissioners for the commission district of Kentucky: Be it therefore enacted, That the ers to be desaid commissioners shall forthwith deliver to the said gister. register all the books and papers respecting their said business, which books, or authentic copies of any certificates, shall be sufficient authority to the register to issue pre-emption warrants upon the claimants performing the other requisites in those cases.

livered to re

Lands saved

IV. And whereas in some cases plotts and certificates of survey have not been recorded in the survey- if duties peror's office nor returned to the register's office within formed be the times respectively limited by law, and it is doubt-fore caveat ful whether the lands held under such surveys are not still liable to be caveated: Be it therefore enacted, That where no caveat shall be entered before the said duties respectively shall be performed, such lands shall not thereafter be liable to forfeiture on account of such fail

Tax on liti ure. Every person instituting a suit before any court gants before of commissioners, shall pay down six shillings in lieu of the ten pounds hereafter directed to be paid.

commission.

ors.

V. And be it further enacted, That specie certifiSpecie certi- cates, being first audited, or warrants upon the treasuficates or warrants to ry, shall hereafter be receivable in discharge of the be taken for composition money, payable upon certificates of surland.

Further time to return surveys.

warrants

yeys on entries made with the surveyors before the es tablishment of the commonwealth's land-office, and upon certificates of survey of settlement rights; and that the deputy register of the land-office for the time being, shall be, and he is hereby empowered to receive such composition money or certificates, together with with the plotts and certificates of survey in the Kentucky country.

VI. And be it further enacted, That there shall be allowed a term of twelve months from the end of this present session of assembly, for returning to the landoffice certificates of survey of land heretofore surveyed, and the register of the land-office is hereby empowered and required to receive the same, notwithstanding the time limited for that purpose may have expired.

VII. And be it further enacted, That the surveyor Pre-emption of any county within the district in which the right of may be lo- pre-emption was granted, is hereby authorised and directed to locate and survey any pre-emption warrant on any waste and unappropriated lands within the district without exchanging the same: Provided, They do not have any force of pre-emption, but shall be equal and on the same footing with treasury warrants.

cated on any waste lands;

but to lose their force

of pre-emption;

CHAP L.

An act for calling in and redeeming certain certificates.

[Chapter XC in origi Dal]

Provision

I. FOR redeeming and paying all military certificates, either for tobacco or specie, as well as those to be for redeem issued in virtue of an act intituled, “An act for adjust- ing military ing claims for property impressed or taken for public and her

service:"

certificates.

Poll-tax.

On slaves.

Horses.

11. Be it enacted by the General Assembly, That Additional there shall be paid a tax of one per cent. for every hun taxes. dred pounds, and so in proportion for a greater or les- On lands, ser sum of the valuation of all lands and lots as the same shall have been valued by the commissioners; also a tax of ten shillings by every free male person above the age of twenty-one years, who shall be a citizen of this commonwealth; and also the like tax of ten shillings upon all slaves above the age of sixteen years, to be paid by the owners thereof, except such free persons and slaves as shall be exempted by the respective County courts through age or infirmity; also two shillings for every horse, mare, colt and mule; also three pence per head for all cattle; also five shillings per cattle. wheel for all coaches, chariots, phaetons, four-wheeled chaises, stage waggons for riding carriages, chairs, and Carriages. two wheeled chaises; also fifteen pounds for every billiard-table, and four pounds for every ordinary license, bles. over and above the taxes imposed by any act or acts Ordinary liof assembly. The court of every county shall, before censes. the month of November next, take bond of the sheriff, Bonds to be with sufficient security, in the penalty of ten thousand sheriffs. pounds, payable to the treasurer of this commonwealth for the time being, and his successors, for the use of the commonwealth, and conditioned for the true and faithful collecting, paying, and accounting for all taxes in his county hereby imposed; and the said boud shall be recorded in the court of the county where the same

Billiard ta

taken of

is taken, and an attested copy thereof shall be trans- Certified co mitted by the respective clerks, without delay, to the Py evidenceauditors of public accounts, and admitted as evidence in any suit or proceeding founded thereon: And the said sheriff shall, from and after the first day of March