1830.

fully discharge the duties of commissioner of the road aforesaid, according to law, and the best of his abilities and sill, and shall, in such court, enter into bond with good security, to be approved of by said court, in the penalty of four thousand dollars, payable to the Commonwealth, conditioned for the faithful performance of his duties, according to the provisions of this act, upon which suit may be brought in the name of any person aggrieved, or recovery had on the presentment of a grand jury, until the whole penalty shall be exhausted.

Sec. 8. The commissioners of said road shall Commissioners keep a fair and correct account of all contracts and to keep and expenditures by them made; and each commissioner settle their accounts. shall, at the court of claims of his county, in.each year, until the whole business touching said road under this act, shall be wound up, submit to said court a full report and account of all their contracts, disbursements and proceedings, showing how, for what, and with whom, each item of expenditure occurred, and what quantity, or amount of land warrants yet remain in their hands; and the county courts shall cause such report to be recorded; which shall be considered a part of the ex officio services of Commissioners the clerk, recording the same; the county court shall allow such commissioner or commissioners at the rate of one dollar per day, for each day he or they, shall be necessarily engaged in viewing, letting and receiving said road, and a reasonable compensation, not exceeding one dollar per day, for attending courts to take the oath and execute bond, and to settle with the county court as directed by this act, upon such commissioner's producing his account, and swearing to the justness and truth of the same, in open court; which sums shall be paid to the said commissioners, out of the county levy of their respective counties.

pay.

CHAP. CCLXVI.

AN ACT in relation to the Georgetown and Cincinnati

Turnpike.

Approved, January 22, 1830.

SEC. 1. Be it enacted by the General Assembly of the

Commissioners Commonwealth of Kentucky, That Peter Jones and

James F. Robinson, of the county of Scott, Hubbard

1830.

mount of tolls

B. Smith and Henry Childers, sen. of the county of Grant, William Dickerson, of the county of Camp- appointed to bell, and Abner Gaines of the county Boone, be, and report to the legislaturethey are hereby appointed commissioners on behalf of this Commonwealth, to view the road from Georgetown to Covington, and report to the next The value of Legislature the value of the work performed by the the work done undertakers, under the act of the eighth of Febru- on the road prior to the ary one thousand eight hundred and nineteen, pri- erection of or to the erection of the two turnpike gates on said gatesroad; also to ascertain and report the annual amount of tolls received at each gate since their erection; The annual aalso to ascertain and report the annual sum expend- received ed by the owner of each gate in the repairs of said since-road; also to ascertain and report what has been the general condition of the road in the fall, winter and spring seasons, and how far said road could be improved by throwing up the road in the middle, and depressing it at the sides, and making passways for the water to pass freely from the road; and whether the receipts of the gates are, or are not, competent to improve the road; also to ascertain and report for what sum, and on what terins, the owner of each gate would surrender the same to this Commonwealth.

The annual a

mount expended in repairs thereon, and what has been its gen

eral condition

&c.

to take an

*oath.

Sec. 2. Be it further enacted, That the commision- Commissioners ers hereby appointed, shall, before they enter upon to th the discharge of the duties assigned by this act, take an oath before some justice of the peace to act fairly and impartially, in relation to the whole subject, and it shall be their duty to give to each gate keeper To notify gate at least ten days notice of the time and place of meet- keepers of the ing, which shall be between the first day of June and the first day of November. And the said commissioners are hereby authorized and required to examine any and all persons produced as witnesses, upon oath, touching the matters of enquiry or any of them, and they are respectively authorized to administer the necessary oaths to the witnesses.

time of meeting.

May examine witnesses on the matters of oath touching enquiry sub

mitted.

CHAP. CCLXVII.

AN ACT for the benefit of Richard Taylor and others.
Approved, January 22, 1830.

WHEREAS, by an act of Assembly, approved December twenty-six, one thousand eight hundred and twenty, it was made the duty of the surveyor of the lands set apart for the satisfaction of the legal bounties of the officers and solders of the Virginia line, on State establishment, situated west of the Tennessee river, by himself or deputies, to procure chain carriers and markers, and to survey, without delay, all entries made in his office prior to the first of May, seventeen hundred and ninety-two: and whereas, it is represented that William Croghan, deceased, late surveyor of said lands, and Richard Taylor, the present surveyor of said lands, have, by themselves and deputies, complied with the requisitions of said act, at much expence, being required to make the surveys before the owners of entries had advanced or secured the fees allowed by law for executing surveys; and whereas, said surveyors, to prevent a forfeiture of the lands surveyed, for a failure to register the plats and certificates of survey, in the time prescribed by law, have, as is represented to this General Assembly, registered the plats and certificates of surveys executed by them, and the owners have not, in many cases, paid thie fees, and the retention of the plats and certificates would have been no security for the fees in case the surveyors had permitted them to be forfeited, and it is deemed reasonable that said surveyors or their representatives, should be secured in their fees allowed by law, and which are owing by non-residents, who cannot otherwise be made responsible: Therefore,.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for said surveyors or their representatives respectively, by bill in chancery, to subject each tract of land surveyed by them, to the payment of the fees due for surveying the same: Provided, such tract is still owned by the person or persons for whom the same was originally surveyed, and such person or persons are non-residents: Provided also, the suit herein allowed shall be instituted in the circuit court of the county in which the land lies.

1830.

to value the

Commissioners to be apponted. land which is not to be sold for less than 2-3 of its appraised value, and no more to be sold

Sec. 2. Be it further enacted, That the court before which any such proceeding may be had, shall appoint three commissioners, who, after being duly sworn to act impartially, shall value the land intend ed to be subjected to the payment of any such fees, and report the value thereof to the court; and no land shall be sold under any decree or proceeding hereby authorized, unless it brings at least two-thirds of such its appraised value; and no more of any tract shall be sold than will be necessary for the ment of the amount due, and the costs of the proceeding. No decree shall be rendered because of taking any bill for confessed, but thing necesevery sary to a recovery for any of the services in the pre- to be establishamble to this act mentioned, shall be established by ed by evidence. evidence.

pay

than is neces

sary to pay the

fees.

The claims of the surveyors

CHAP. CCLXVIII.

AN ACT altering the time of holding Washington cir

cuit court, and for other purposes.

Approved, January 22, 1830.

"

Be it enacted by the General Assembly of the Common- Time of holdwealth of Kentucky, That hereafter, in each and every ing the Washington circuit year, the Washington circuit court shall commence on court changed. the second Monday in May, instead of the first Monday as now directed by law, and continue in session twelve juridical days, if the business in said court inay require it.

Sec. 2. Be it further enacted, That all suits, pleas of the Commonwealth, and motions now depending in said court, shall stand for trial at the May term, as now fixed by this act, and subject to the same rules and regulations as they would be if the court commenced on the first Monday.

Sec. 3. That all writs and subpoenas made returna- Process returnble to the May term, as now fixed by law, shall 'stand able &c. returnable to the term, as herein altered, and that all recognizances that are now made returnable, or may hereafter be made returnable, shall stand and be returnable, as herein changed.

of the Law

rence circuit

Sec. 4. Be it further enacted, That the summer Summer term term of the Lawrence circuit court shall, hereafter, be held on the Thursday week after the fourth court changed. Monday in July in each year, except in those years in M

1830.

which July shall have five Mondays, and then to be held as heretofore, and shall continue six juridical days, if the business thereof shall require it.

Lodge author

ized to sell a house and lot

in Russelville.

CHAP. CCLXIX.

AN ACT for the benefit of Russellville Lodge No. 17.
Approved, January 22, 1830.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the Master, Wardens and members of the Russellville Lodge, number seventeen, a majority of all its members concurring therein, to make sale, absolutely or conditionally, of a certain lot in the town of Russellville, on which they have built a Masonic Hall.

Sec. 2. Be it further enacted, That it shall and Lot to be con- may be lawful for the Master and Wardens of said veyed. Lodge, for the time being, in pursuance of any sale in virtue of the first section, to make conveyance of said lot, under their hands and seals, which shall be sufficient to pass the title thereof to the purchaser.

Proceeds of

sale, how to be disposed of.

Sec. 3. Be it further enacted, That the proceeds of any sale of said lot, shall be first appropriated to the discharge of the debts against the institution, and managers of the Lottery of said Hall, and the balance as said Lodge may direct: Provided however, that in the event of the Lodge surrendering or forfeiting its charter, then the property of the said Russellville Lodge shall, after the payment of all its debts and liabilities, be disposed of and appropriated according to the constitution of the Grand Lodge of Kentucky.

Recital

CHAP. CCLXX.

AN ACT to establish a State road from Berry's ferry on the Ohio river, to Salem, and from Madisonville to Salem.

Approved, January 22, 1830. WHEREAS, it appears that it would greatly conduce to the convenience of the public, to cause a road to be opened from John Berry's, opposite Gol