1838 Commissioner; and that after his death, the residue of said. lands descended to his heir, an infant, whose guardian listed said lands with the county Commissioner, of Christian county, and paid the taxes thereon for the year eighteen hundred and thirty eight, but omitted to pay them in the year eighteen hundred and thirty seven. And it being further represented, that, notwithstanding the facts above mentioned, the whole of the lands aforesaid were again advertised by the Auditor as the property of Charles Buck, and stricken off by him to the State as being forfeited a second time for non-payment of taxes-therefore, SEC. 1. Be it enacted by the General Assembly of the ComLands relea- monwealth of Kentucky, That all the interest of the said last mentioned forfeiture be remitted, and the estate of the said Morris be released from the payment thereof. sed from forfeiture. SEC. 2. That when the guardian of the infant heir of said Lands to be George Morris shall pay to the Auditor, for the year eighteen stricken from hundred and thirty seven, the same amount of taxes which he the Auditor's paid on the residue of said lands, for the year eighteen hunbooks, on pay dred and thirty eight, together with the cost consequent upon said forfeiture, the forfeiture of the whole shall be, and the same is hereby released; and the Auditor shall be, and he is. hereby authorized and required to strike from his books all the lands described in the preamble hereto. *ment of tax, &c. Approved January 7, 1839. CHAP. 1008.-AN ACT for the benefit of William Kercheval. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the County Court of Logan county, at their January or February term next, to cause to be levied the sum of seventy five dollars, to be applied to the use and benefit of William Kercheval of said county. SEC. 2. That the Sheriff of Logan county is hereby authorized to pay the above sum of seventy five dollars, or any portion thereof, to the said Kercheval, out of any funds unappropriated in his hands; and the benefit of this act shall apply to the said William Kercheval so long as he shall live: provided, the County Court shall concur in the opinion that the above named William Kercheval is unable to provide the means of his support. Approved January 7, 1839. CHAP. 1009.-AN ACT for the benefit of James Henson and George W. McLeod. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James Henson be, and he is hereby authorized to change the State road leading from Waidsboro to Eddyville, where it passes through the land of said Henson: provided, that he shall not change it more than twenty poles from where it now runs: and, provided, that said Henson shall open said road at his own expense, and shall run it on as good ground as it now runs. SEC. 2. That George W. McLeod be and he is hereby authorized to change said road where it passes through his land: provided, that said McLeod shall first open said road at his own expense, and shall run it on as good ground as it now runs, and shall in nowise add to the length of said road. Approved January 7, 1839. 1839 CHAP. 1010-AN ACT to change the place of voting in the Floydsburg Precinct, in Oldham county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in Floydsburg, in Oldham county, shall be and the same is hereby changed from the house of Silas Ashley to that of Anderson D. Crow in said town, and all elections hereafter to be held at said precinct, shall be governed by the laws now in force upon the subject of elections. Approved January 7, 1839. CHAP. 1011.-AN ACT to amend an act, entitled, an act to establish the town of Petersburg, in Boone county, approved January 17, 1818. When Trustees to be elec SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Hugh M. Allen, William Snyder, William H. Chapin, William Fisher and Benjamin Emley, ted. Trustees of the town of Petersburg, and their successors shall, on the first Monday in April, eighteen hundred and thirty nine, and in each year thereafter, open a poll for the election of five Trustees for said town. How, and by SEC. 2. That all the free white male inhabitants of said town, of the age of twenty one years and upwards, shall whom elected. meet at such time and place as may be designated by the Trustees, in said town, and choose, by vote, viva voce, five Trustees, to serve for one year, and until their successors shall be duly elected. Clerk to be SEC. 3. That the said Trustees shall appoint a Clerk, to continue in office for one year, whose duty it shall be to keep appointed, and a fair record of the proceedings of the Board of Trustees, his duties. and to give public notice, by an advertisement, in said town, 1839 at least ten days previous to any election for Trustees; and he shall, with any two of the Trustees, conduct elections, and proclaim the persons elected, and make record of the same. SEC. 4. That the Trustees herein above mentioned, and their successors in office, (a majority concurring,) shall have Trustees may full power to pass such by-laws, as they may, from time to time, think proper, for the government of said town, provided they be not contrary to the laws and constitution of this State. pass by-laws. How taxes SEC. 5. That the said Trustees, a majority of them concurring, shall have power to levy, and have collected, a tax on may be levied the real and personal property and tithes, in said town, anand collected, nually: provided, that it shall not exceed fifty cents, annually, and how ap- on each tithe, and one dollar on each one hundred dollars propriated. Assessor to worth of property; which tax is to be appropriated and laid out by the said Trustees for the improvement of said town. And the said Trustees shall appoint an assessor, annually, who be appointed, shall be sworn faithfully to discharge his duty, who shall make. and his duties. out and furnish to the Trustees, at such times as they may appoint, lists of the property, real and personal, of each individual holding property in said town, together with the value thereof; also, a list of the real property, in said town, belonging to persons not living therein, and, also, the tithes in said Collector to town; also, that the said Trustees shall have power to ap be appointed, point a collector, annually, whose duty it shall be to collect and bis duties. the taxes assessed, who shall give bond and security, approved by the Trustees, for the faithful performance of his duty, and he shall receive such compensation for his services as they shall allow; and the said collector shall have power to make distress and sale, if necessary, as is now allowed by law in regard to Sheriffs collecting the revenue of this commonwealth; and the said Trustees shall, also, appoint a treasurer, who shall be appointed, take an oath for the faithful discharge of his duty, and give to take an oath bond with security for the payment of the money to the orand give bond. der of the Trustees; in default of which, the said Trustees shall, Treasurer to How moneys upon giving ten days notice, recover judgment against him, and his securities, in any court having jurisdiction. SEC. 6. That all the moneys collected by virtue of this act, shall be solely appropriated for the benefit of said town and its offito be appropri- cers, and that the said Trustees and Clerk, before entering ated; upon their official services, shall take an oath for the faithful performance of the respective duties enjoined upon them by this act, which oaths shall be recorded by the Clerk. officers to take an oath. May impose SEC. 7. That the Trustees shall have power to sue for, and recover a fine, not to exceed three dollars, for shooting a gun fines for certain or pistol within the limits of said town; likewise, they shall offences. have power to recover a fine, not exceeding five dollars, for showing a Stud Horse or a Jack within said town. SEC. 8. That so much of the seventh section of an act, entiRepealing tled, an act to establish the town of Petersburg, approved January seventeenth, eighteen hundred and eighteen, respect clause. ing the appointment and powers of Trustees, together with the eighth section of said act, be and the same are hereby repealed. 1838 Approved January 7, 1839. CHAP. 1012.-AN ACT for the benefit of Thomas Hite. WHEREAS, Thomas Hite, a citizen of the county of Nelson, listed certain real estate belonging to him in the city of Louisville, with the commissioner of the revenue for said county, for the year eighteen hundred and thirty seven, and paid the amount of the tax thereon to the collector of said county: and, whereas, the agent of said Thomas Hite listed the same property in the county of Jefferson, and paid the revenue tax thereon, amounting to sixty eight dollars and seventy five cents, for the year eighteen hundred and thirty seven, to the collector in said county-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be and he is hereby authorized and directed, upon the application of Thomas Hite, to draw his warrant upon the Treasurer, in favor of the said Thomas Hite, for the sum of sixty eight dollars and seventy five cents, to be paid out of any money in the Treasury not otherwise appropriated. Approved January 7, 1839. CHAP. 1013.-AN ACT to establish an additional election precinct in Ohio county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an additional election precinct, be and the same is hereby established at the house of John G. Brown, at Lock and Dam No. 3, on Green river in said county, and all elections to be held, at said precinct, shall be governed by the laws now in force upon the subject of elections. Approved January 7, 1839. CHAP. 1014.-AN ACT for the benefit of the Clerk of Washington County WHEREAS, it is represented to the present General Assembly that William B. Booker, Clerk of the Washington County 1839 Court, failed, at his October or November terms last, to cause the deeds, seals, and other things, upon which taxes received by him, during the year eighteen hundred and thirty eight, to be counted and certified by the senior Justice of said court, and the county attorney, as required by law: and, whereas, the Auditor of Public Accounts, refuses to receive the list forwarded by him-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts shall be and he is hereby required to receive of said Booker his list of taxes, certified as a correct list, and charge the said Booker, as Clerk as aforesaid, with the same, any law to the contrary notwithstanding. Approved January 7, 1839. CHAP. 1015.-AN ACT for the benefit of James M. Hanson. WHEREAS, James M. Hanson, a citizen of Virginia, attended three terms of the Floyd Circuit Court, in this State, as a witness in behalf of the Commonwealth, last named, against John Clark on a charge of felony, and the said Hanson never having received milage compensation-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts issue a warrant on the Treasurer, in favor of said Hanson, for the sum of twenty seven dollars and sixty cents, to be paid out of any moneys in the Treasury not otherwise appropriated. Approved January 7, 1839. ment directed CHAP. 1016.—AN ACT to complete the State road from Mountsterling, by way of Prestonsburg, to the Virginia line. SEC. 1. Be it enacted by the General Assembly of the ComBoard Inter- monwealth of Kentucky, That the Board of Internal Improvenal Improve- ment be and they are hereby authorized and instructed to erect two gates across the road from Mountsterling to the Virto be erected, ginia State line, by way of Prestonsburg and Pikeville, as soon and to appoint as practicable, so that the tolls arising therefrom may be apgate keepers. plied in aid of the Sinking Fund; and said Board shall appoint to cause gates gate keepers, and fix the rate of tolls, as prescribed by the act providing for the improvement of said road, approved February 11, 1836. SEC. 2. That said Board may expend the sum of five thousand dollars in the completion of said road to the Virginia $5,000 may be expended. State line, if, in their opinion, said road is of sufficient public |