sold by the Register of the Land Office, on the 1830. directed to is S.c. 1. Be it enacted by the General Assembly of the The Register Commonwealth of Kentucky, That the Register of the sue to him a Land-Office be authorized, and is hereby directed, patent for a upon the receipt of the Auditor, in full, and a cer- tract of land tified copy of the original survey being filed, from upon a copy of the platt aud the surveyor's office of Livingston county, in the certificate of Register's Office, forth with to issue a patent agreeably to the original survey, to Thomas Vaughn, dispensing, with the affidavits now required by law: Provided, that nothing herein contained shall be so construed as to affect the equitable interest of those claiming under said Vaughn. survey. Proviso. CHAP. CCXXVIII. AN ACT for the benefit of Foster's devisees. Approved, January 11, 1830. WHEREAS, it is represented to this General As- Recital. sembly, that Jesse Foster, deceased, devised a tract of land, situate in Bourbon county, containing about one hundred and forty-three acres, to George Foster, Hubbill Foster, Nancy Foster, Jerry Foster, Asa Foster, Patsey Foster, Elizabeth Foster and Wharton Foster, and the children of Nathaniel Foster, deceased, to be divided equally amongst them, into nine parts; which said tract of land, on account of the value and situation of its improvements, wood. and water, it is impossible to divide equally or to use it with any advantage if divided; and it being equally difficult for the adult devisees to sell their portions without sacrifice, and without injury to the portions of the infant devisees, unless the whole be sold together: Therefore, 4 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it may be lawful for The Bourbon the Bourbon circuit court, and it is hereby authorized, upon proper application being made by said devisees to said court, to order or decree a sale of the whole of said tract of land, in such manner and upon such credit as said court shall think fit. circuit court authorized to decree a sale of the land of said devisees. Sec. 2. Be it further enacted, That it shall be the duty of said court to protect the infant devisees in ordering such sale, by requiring their guardian or guardians to give bond with good security, for the proper use or appropriation of the money to be received by them under the sale, according to the laws in force for the sale of infants' real estate, or in such other manner as to the court may seem best. Sec. 3. Be it further enacted, That said court may decree a conveyance of said land to be made by said devisees or by a commissioner for them, when all the purchase money shall be paid, which conveyance when made according to the decree, shall effectually vest in the purchaser or puchasers the legal title to said land. One additional justice of the peace and constable allowed to Lincoln. One justice to Cumberland and Union; one constable to Todd county. CHAP. CCXXIX. AN ACT to allow additional Justices of the Peace and Approved, January 18, 1830. WHEREAS, the citizens of Crab Orchard in Lincoln county, have petitioned for an additional justice of the peace and constable, to reside in CrabOrchard: Therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That one additional justice of the peace for the county of Lincoln, shall be appointed and commissioned according to law; and the county court of Lincoln shall appoint one additional constable for said county, to reside in CrabOrchard. Sec. 5. Be it further enacted, That one additional justice of the peace be allowed to the county of Cumberland; one additonal justice of the peace to the county of Union; and one additional constable to the county of Todd., CHAP. CCXXX. AN ACT to amend "an act requiring certain duties of the clerks within this Commonwealth." Approved, January 12, 830. 1830. out and trans SEC. 1. Be it enacted by the General Assembly of the The clerks of Commonwealth of Kentucky, That hereafter it shall be the county the duty of the several clerks of the county courts in courts to make this Commonwealth, within twenty days after their mit annually court held in the month of December in each year, to the Auditor, to make out an alphabetical list of all claims allow- a list of caims, allowed by ed by said court at such terin, and the two prece- their courts, ding terms, payable out of the public treasury, cer- payable out of tify the same, and transmit said list to the Auditor the treasury. of public accounts, by mail, or other safe conveyance, so that those who may be entitled to said claims may not be unnecessarily delayed in the collection of the same. courts to make suits instituted &c. Sec. 2. Be it further enacted, That so much of the The clerks of " sixth section of said act, to which this is an amend- the circuit ment, as requires the several clerks within this com- out and transmonwealth, to make out an alphabetical list of suits mit the aggrebrought at each term of the circuit courts, be, and gate number of the same is hereby repealed; and hereafter it shall only be necessary for the several clerks of the circuit courts to make out a list of the suits brought at each term, and lay the same before the circuit judge for his examination and approval; which shall be recorded and transmitted as heretofore required, except that it shall only be necessary for And pay the the clerk to certify and transmit the aggregate amount of taxnumber of suits brought at each term, to the Audi- es received intor of public accounts, together with the amount of money collected on law process and seals, and all money collected for revenue purposes, which shall be transmitted on or before the twentieth day of December in each year. to the treasu❤ ry. Sec. 3. Be it further enacted, That any clerk who Penalty ou shall fail to perform the duties required of him by clerks for a this act, shall be subject to the same penalties, which duties are prescribed by the act to which this in an amend ment.. 1830. The trustees authorized to levy and collect an adva lorem tax on the real and personal property in the town. To appoint assessors to value the ty. proper CHAP. CCXXXI. AN ACT to amend the laws defining the powers of the trustees of the town of Newport, Approved, January 12, 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of the town of Newport, in the county of Campbell, and their successors, are hereby vested with full power and authority to levy and collect an ad valorem tax, on the real and personal property in said town, not exceeding in one year, the sum of one hundred dollars on the personal property and four hundred on the real property, to be appropriated by them to sich purposes as they may deem advantageous to said town. any Sec. 2. Be it further enacted, That it shall be the duty of said trustees, within two weeks after their election, to appoint two persons, who shall be bona fide housekeepers and owners of real property in said town, assessors, which assessors being so appointed, shall take the following oath, before some justice of the peace of said county, to-wit: I, A. B. Oath of asses- do solemnly swear or affirm, (as the case may be,) sors. Their duty. that I will fairly and impartially assess the valuation of all the property, both real and personal, subject to taxation within the town of Newport, coming within my knowledge, according to the best of my skill and ability; and thereupon it shall be the duty of said assessors to proceed immediately, to assess and value all the property, both real and personal,in said town, subject to taxation, making out two fair lists thereof, one list to contain the personal pro-perty and the latter list shall be after the following form, to-wit: The correctness of which list shall be certified by said assessors and delivered to the board of trustees, within twenty days after their qualification as assessors; who shall be allowed by the trustees what they shall deem a fair compensation for their services. 1830. Trustees may appoint a col lector of taxes. Sec. 3. Be it further enacted, That it shall be the duty of the trustees to apportion the tax to be levied, on the personal and real property so assessed, and cause their clerk to make out fair copies of the lists or assessments returned by the assessors, annexing to the personal property and to each lot and part of a lot, the amount of tax levied and to be paid thereon, and to deliver the same to a collector, by them to be appointed, or to the sheriff of Campbell county, who is hereby authorized to collect the same, and upon the failure or refusal of any person or persons liable to pay tax upon personal property, to pay the tax assessed on their personal property, it shall be His duty. the duty of the collector or sheriff to proceed to collect the same according to the laws regulating the collection of the revenue of this. Cominon wealth; and upon the failure or refusal of the owner or owners of any lot or part of a lot, to pay the tax assessed thereon by the first day of August succeeding, it shall be the duty of the collector or sheriff, to make out a notice, accompanied by a fair list of the lots and parts of lots upon which the tax so remains unpaid, and cause the same to be published at least four weeks, in some authorized newspaper in this Commonwealth, which notice and list shall set forth the number and description of said lot or part of a lot, and the amount of tax due thereon, together with the name of the owner, if known, and the years for which the tax is due; and that upon a failure to pay the said tax and the cost of publication, on or before the fifteenth day of October next succeeding, application will be made to the circuit court for the county of Campbell, to give judgment for the amount of said taxes and costs, in favor of the trustees of the town of Newport, against the owner or owners of such lot or parts of a lot; and it shall be the duty of the collector, or sheriff, when he is proceeding against unknown owners, to make affidavit before some justice of the peace, for Campbell -county, that the name or names of such as are proceeded against as unknown owner or owners, are unknown to him, and deliver the said affidavit, together with a certified copy of said publication, to the clerk of the Campbell circuit court, on or before the first day of the next succeeding term of said court, and it shall be the duty of the clerk of said court, to docket the same on the chancery docket year or Mode of proceeding to subject the real property in said town to sale for the taxes. |