cuit court, for balance due on the revenue due from Rockcastle county for the year 1867. 2. This act to take effect from and after its pas sage. 1872. Approved January 13, 1872. CHAPTER 67. AN ACT for the benefit and relief of Haywood Gilbert, former sheriff of Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That Haywood Gilbert, former sheriff of Clay county, and his securities, be, and they are hereby, released from all damages adjudged against them for the failure of said Gilbert to pay into the treasury the revenue of Clay county for the year 1869. § 2. That said Gilbert have further time until the 1st of April, 1872, to return his delinquent list for the year 1869; and when returned according to law, that same be allowed and paid by the Auditor. § 3. That this act shall take effect when the balance of the principal, interest, and costs of said judgment (being $20 13) shall be paid into the Treasury. Approved January 13, 1872. CHAPTER 68. AN ACT for the benefit of Wm. McMurtrey, of Monroe county. WHEREAS, William McMurtrey was appointed by the county court of Monroe county to convey Harry Gee to the Lunatic Asylum at Lexington, Kentucky, and ordered that said McMurtrey take with him one guard for the purpose of assisting to convey said lunatic to said Asylum; and whereas, said McMurtrey received as compensation for his services only mileage for himself going to and returning from said Asylum, and for said lunatic going to said Asylum, and no toll-gate or bridge fees at all, while under the law he was entitled to mileage for said guard going to and returning from said Asylum, and to his necessary bridge, ferry, and toll fees; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor be, and he is hereby, required to draw his warrant on the Treasurer for the sum of thirty dollars and sixty cents ($30 60) in favor of William Mc 1872. Murtrey, which shall be in full of the balance due him for conveying Harry Gee to the Eastern Lunatic Asylum at Lexington. § 2. This act shall take effect from its passage. Approved January 18, 1872. CHAPTER 70. AN ACT to amend an act to incorporate the Montgomery and Bath Counties Associated Turnpike Road Company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section twelve of said act be, and is hereby, so amended, that whenever said road, or any continuous section of said road, is completed in full for three and a quarter miles in extent, then the board of directors shall apply to the judge of the county court of Montgomery or Bath counties (in whichever county said road so completed may lie), or any three justices of either of said counties depending upon same condition, whose duty it shall be to examine said section or said road, and if the same is constructed according to the charter, to certify to the same, and to return said certificate to the county court thereof for record; and on said certificate being signed by the county judge or justices aforesaid, it shall be lawful for said directors aforesaid to cause to be erected a toll-gate on said section of said road, and to collect for all travel and transit through said gate tolls according to the rates hereinafter established. § 2. This act to take effect from its passage. Approved January 18, 1872. CHAPTER 71. AN ACT to amend an act to incorporate the Allensville Turnpike Company, in Clark county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That said company be authorized and empowered to erect two gates on said road, and to collect full tolls thereat. § 2. That the maximum grade of said turnpike road be fixed at six degrees. § 3. That all acts or parts of acts inconsistent with this be, and the same are hereby, repealed. § 4. That this act shall go into effect from and after its passage. Approved January 18, 1872. CHAPTER 73. AN ACT to provide for recording deeds to burial lots in Green Lawn Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be lawful for the board of council of the town of Franklin to own and keep a separate deedbook, wherein they may convey any and all burial lots owned by them in Green Lawn Cemetery; and as said board sell off, or dispose of said lots, the deeds thereto shall be written and remain in said deed-book, and said deed book shall be filed in the office of the county court clerk, by an order of the court properly describing said deed-book; and the filing of said book shall have the same force and effect as if the deeds therein were severally filed and regularly acknowledged before the clerk of the county court. § 2. This act shall be in force from and after its pas sage. 1872. Approved January 18, 1872. CHAPTER 75. AN ACT to amend an act to establish an additional voting precinct in Carter county, approved March 10th, 1870. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to establish an additional voting precinct in Carter county," approved March 10th, 1870, be amended, and said precinct is hereby declared a regular justices' district of said county, and shall be numbered five, and be in addition to those already in said county; said district shall hereafter be entitled to two justices and a constable, to be elected by the qualified voters thereof at each regular election hereafter held in said county for justices and constables. § 2. An election for two justices of the peace and a constable for said precinct shall be held at the voting place thereof on the first Saturday in May, 1872. The judge of the Carter county court shall appoint two judges, a sheriff, and a clerk, all residents of said precinct, to hold said election, and cause them to be notified of their appointment at least five days before said first Saturday in May; and when said election shall have been held, and the poll books returned, the county court clerk shall, within three days after the comparing of the said pollbooks, certify the same to the proper authorities as now required by law in regular elections for like officers; and 1872. the said polls shall be compared by the officers designated, as in cases of regular elections for justices and constables. §3. This act shall take effect and be in force from and after its passage. Approved January 17, 1872. CHAPTER 76. AN ACT for the benefit of Wm. A. Foutz, surety for B. T. Hayden, late sheriff of Rowan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Wm. A. Foutz, surety for B. T. Hayden, late sheriff of Rowan county, be, and he is hereby, relieved from the payment of $46 14 damages which has been paid by him as said surety; and the Auditor of Public Accounts be, and he is hereby, authorized and directed to draw his warrant upon the Treasury of this State in favor of said Wm. A. Foutz for said sum of $46 14, which sum shall be paid him, upon presentation of said warrant, out of any funds in the Treasury not otherwise appropriated. § 2. This act shall be in force from its passage. Approved January 17, 1872. CHAPTER 77. AN ACT for the benest of W. E. Cleland, sheriff of Mercer county. WHEREAS, W. E. Cleland, sheriff of Mercer county, having, in 1869, paid all the revenue tax due from said county for said year, claims that the copy of the assessor's books of said county, on file in the Auditor's office, charges him with more tax for said year than was listed with him for collection; which supposed discrepancy was not discovered until since the last session of the Legislature; and whereas, at the August term, 1871, of the Franklin circuit court, judgment was rendered against said sheriff and sureties for the balance of State revenue of 1870, with interest, damages, and costs, as prescribed by law; and whereas, it appears from the orders of the Mercer county court, on file in the State Auditor's office, that, at the time said judgment was rendered, said sheriff, on his revenue account for 1870, was entitled to credit in the sum of four hundred and ninety-one dollars and fiftyeight cents for additional delinquents and exonerations for 1869 and 1870, which credit was omitted to be given before said judgment because the county clerk of Mercer county failed to send to said Auditor copies of the orders aforesaid, as also the delinquent list returned and allowed by the Mercer county court for said years; and whereas, said sheriff has paid said judgment, interest, and costs, except the delinquent taxes, exonerations, and damages aforesaid; and whereas, said sheriff's failure to pay said taxes before judgment was because of his inability to collect same without great distress to the people on account of the pressure of the times, as also the failure of said sheriff to receive the instructions of the Auditor that said taxes must be paid before August, 1871, else judgment would be taken against him; and whereas, there is no existing law authorizing the Auditor to correct said assessor's books, or give the credits afforesaid; and whereas, the State does not lose any thing to which it was originally entitled by granting relief; and the case of said sheriff presenting equitable considerations to this General Assembly, for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the Auditor of Public Accounts, on presentation of the original assessor's books of Mercer county for 1869, be, and is hereby, directed to compare same with the copy of said books on file in his office; and if he find said sheriff has been charged too much taxes for said year, he will allow him a credit for the same on said sheriff's revenue account for 1871, with interest thereon from the 15th of February, 1870, the time said excess was paid. § 2. That said Auditor is hereby authorized and directed to allow said sheriff a credit for the amount of the delinquent taxes and exonerations for 1869 and 1870, as recited in the preamble to this act, with interest thereon from the 1st of June, 1870, the time when said judgment commenced drawing interest. 3. That said sheriff be, and he is hereby, released from the damages on the judgment recited in the preamble to this act. § 4. That this act be in force from and after its passage. 1872. Approved January 17, 1872. CHAPTER 78. AN ACT authorizing the clerk of the Fleming county court to make up and correct omissions in the records of said court. WHEREAS, It appears that the records of the proceedings of the Fleming county court, for some time previous to LOC. L.-12 |