1830. cute under this act. attorney for the Commonwealth, if in the circuit court, and the county attorney if in the county court, shall, ex officio, prosecute the same, and the wealth's attorclerks, sheriffs and other officers, shall charge no ney to prosefees, unless judgment be given against the defendant or defendants, and then the costs in the execution shall be for the benefit of the officers rendering the services, and for the witnesses and others who have a right thereto; and the officer collecting the same shall pay the same over to the persons entitled thereto. Sec. 17. Be it further enacted, That upon the pro- Titheables duction to the overseer, by any of the tithables here- over 50 years old exempt in mentioned, his affidavit, made before some jus- from tax tice of the peace, that he verily believes he is over the age of fifty years, the same shall be received by such overseer as a discharge of the poll tax herein provided for, and such affidavit shall, by the overseer, be returned to the commissioners, who shall file away the same, and in every subsequent year, the commissioners in making out the list of tithables, shall note opposite the name of such exempt individual, that he's over fifty years of age, which shall exempt such persons from the poll tax herein provided for. Vacancies in how filled. commissioners, Sec. 18. Be it further enacted, That in case of any vacancy by death, resignation or otherwise, in the the board of board of commissioners, the court of the county in which such vacancy has happened, shall fill the vacancy by the appointment of a successor in place of the one who has died, resigned, or refused to act, and whose duty it shall be to execute bond, and perform all the duties, as are herein required of the commissioners first herein named. Sec. 19. Be it further enacted, That the said com- Commissioners missioners shall be allowed for their services respec- pay. tively, in the duties by this act assigned them, at the rate of one dollar per day, to be paid or retained out of the road fund of such county: Provided, such allowance shall in no one year, exceed to each commissioner in the county of Greenup, thirty dollars; in the county of Hancock, thirty dollars; in the county of Lewis, thirty dollars; in the counties of Mason, Bourbon and Mercer, each, one hundred dollars; in the counties of Campbell, Boone and Green, each, fifty dollars; in the counties of Montgomery, Woodford, Jessamine, Breckenridge, Ohio, Daviess and Clarke, each, fifty dollars; Harrison sixty dol 1830. Overseers exempt from mustering, and serving on juries. County courts not to levy money for roads. Public printer to print copies of this act. lars; and in the county of Jefferson, seventy-five dollars: Provided however, that nothing shall be allowed to any commissioner, until he shall have presented in the county court of his county, his account, shewing the particular services rendered, and the date of rendering the same, and shall make oath to the justice of such account, and that the same is justly due him; which account marked 'sworn to in open court, at their term 183--,' shall be filed away and carefully preserved by the clerk. Sec. 20. The overseers of roads shall for the time being, be exempt from attending all musters except in cases of actual war, invasion or rebellion, and from serving on juries. All laws incompatible with the provisions of this act, shall, in the several counties adopting, be, and are hereby repealed, from and after the taking effect of this act; and no money shall be levied by the county courts of said counties, either for the purpose of opening or keeping their roads in repair, except the damages assessed under writs of ad quod damnum, which shall, as heretofore, remain subject to the direction of said county courts. Sec. 21. The public printer shall, immediately after the passage of this act, print for each of the counties in this state, forty copies of the foregoing act, and furnish to the Representatives of each county twenty copies, and to each Senator representing such counties respectively, the other twenty copies, to be by them furnished to the justices of the peace and clerks of each of the aforesaid counties for the inspection of the people. This act shall take effect from and after the last day of July next, except so much thereof as authorizes the county court to adopt this act as the road. law, and such other acts as may be rendered necessary by such courts, to be performed before the said last day of July next. CHAP. CCCXXXIII. AN ACT to furnish certain officers with the Digest of the Statutes. Approved, January 29, 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the county and circuit courts of the several counties in this Commonwealth, to cause an order to be made upon their respective order books, certifying to the Secretary of State, what officers in their respective courts, have not been furnished with copies of the Digest and Kentucky Reports, to which, by law, they are entitled, and in case particular volumes only have not been furnished, then to say what volumes; and upon the receipt, by the Secretary of State, of a copy of such order, it shall be his duty to send to those counties, when he next sends the acts and journals of the Legislature, the copies so required: Provided however, that nothing herein shall be so construed as to require the Secretary to expend more in procuring any of the said books, than the price which the same originally cost the State. 1830. CHAP. CCCXXXIV. AN ACT further to regulate the Bank of Kentucky. Approved, January 29, 1830. Be it enacted by the General Assembly of the Common- Specie to be wealth of Kentucky, That so much of the provisions divided. of the act entitled, "an act concerning the Bank of Kentucky, and the Bank of the Commonwealth of Kentucky," approved December the fifth, one thousand eight hundred and twenty-two, as prohibits the President and Directors of the Bank of Kentucky from making division of the specie funds of said Bank, until its notes in circulation shall be redeemed by said Bank, be, and the same are hereby repealed. CHAP. CCCXXXV. AN ACT to alter the time of holding the Hopkins county court. Approved, January 29, 1830. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Hopkins county court shall hereafter be held on the last Monday in each month. Z 1830. Preamble. The conveyance of a tract of land autho rized. CHAP. CCCXXXVI. AN ACT for the benefit of the heirs of James Jennings, deceased. Approved, January 29, 1830. WHEREAS, it, is represented to the present General Assembly, that about the year 1825 or 1826, James Jennings sold, by parol contract, to a certain Charles Flannagan, a certain tract of land, supposed to contain forty-one and a fourth acres, lying in the county of Breckenridge, near the Ohio river, and on a creek called Clover creek, patented to said Jennings, on the ninth day of June, 1815, said sale being by the acre, at two dollars for whatever land said tract should contain; and after said sale said Flanagan was put in possession of the same, and has paid all or nearly all of the purchase money, and he and those claiming under him, have erected a tanyard thereon, and made other improvements by which the land has been much enhanced in value; and that it would be greatly to the advantage of the heirs of said Jennings, (who has departed this life,) that said contract should be carried into execution; and that said Flanagan is willing to execute the same. It is further represented, that said James Jennnings, deceased, died intestate, leaving the following heirs viz: Jefferson Jennings, James Jennings, Allen Jennings, Samuel C. Jennings, Henry Jennings, Margaret Jennings, Charles L. Jennings, Lewis Jennings, Nathaniel L. Jennings and Ann Jennings, the last six of whom are infants. It appears that the said adult heirs are willing to carry said contract into execution on their respective parts, but cannot convey for said infants: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon the said Flanagan's paying the balance, if any is due, of the purchase money to Jefferson Jennings, the administrator of the estate of the said intestate, the said Jefferson Jennings is hereby authorized and empowered to convey, for and on behalf of said infants, in conjunction with the adult heirs, the before described. tract of land, to the said Flanagan, agreeably to the parol contract aforesaid, and the said conveyance when made by the adults, and for the infants as above, shall be good and valid to all intents and purposes. CHAP. CCCXXXVII. AN ACT to curtail the power of the county court of Henry. Approved, January 29, 1830. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of an act entitled, "an act allowing the county courts of certain counties to appoint constables," approved January twenty-second, one thousand eight hundred and twenty nine, as relates to the county of Henry, be, and the same is hereby repealed. 1830. CHAP. CCCXXXVIII. AN ACT for the benefit of Jesse Combs. Approved, January 29, 1830. SEC. 1. Be it enacted by the General Assembly of the May renew his Commonwealth of Kentucky, That it shall and may bonds as clerk be lawful for Jesse Combs, clerk of Perry circuit circuit court. of the Perry court, to enter into bond as clerk of said court, at their next term, which said bond so executed, shall be held and deemed as valid as if the same had been entered into at the time prescribed by law. СНАР. СССХХХІX. AN ACT for the benefit of the Cumberland Hospital. WHEREAS, the report of the trustees of the Cumberland Hospital, sets forth a statement of facts in relation to said institution; by which it appears to be expedient to appropriate a sum of money to keep up the same: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of seven hundred and fifty dollars in Commonwealth's paper be, and the same is hereby appropriated to aid in keeping and maintaining said Hospital; which sum may be drawn by the trustees of said Hospital, out of any money in the Treasury not otherwise appropriated. |