1829. and compare polls. possess the same power and receive the same compensation as other judges and clerks of elections; and the sheriff of Daveiss county, by himself or deputy, shall attend all elections in said precinct; and the sheriff, judges and clerk, shall, in all respects, be governed by the same rules, regulations and restrictions, as judges, sheriffs and clerks are directed by law, in similar cases. Sec. 3. Be it further enacted, That the sheriffs or Sheria's to meet deputy sheriffs attending the several election precincts in this county, shall meet the sheriff or deputy attending the elections held at the court-house, on the Friday next after such elections, at the court-house, in said county, to compare the polls and grant certificates of election, according to law. [Approved, January 7, 1829.1 their duties. CHAP. 44.—An ACT to review a part of the state road leading from Franklin to Owenborough. WHEREAS great dissatisfaction prevails among the citizens of Butler and Ohio counties, in relation to the location of the state road between Morgantown and Hartford: Wherefore, SEC. 1. Be it enacted by the General Assembly of the Names of com- Commonwealth of Kentucky, That James Baird and Romissioners and bert Barnett, of Ohio county, and James Tyler and George Bomer, of Butler county, be and they are hereby appointed commissioners, a majority of whom may act, whose duty it shall be to view and mark out the best, most direct and practicable way for that part of the state road leading from Franklin, in Simpson county, to Owenborough, in Daveiss county, which lies between Morgantown and Hartford. Time when they shall commence their work. Sec. 2. Be it further enacted, That the aforesaid commissioners shall, on or before the first Monday in September next, or as soon thereafter as may be convenient, meet at Morgantown, and from thence proceed to perform the duties enjoined by this act; and the said commissioners shall receive the same compensation, and be governed in all respects by the provisions. of the act entitled, "an act providing for opening a road from Franklin to Owenborough, on the Ohio ri ver," approved January 7, 1824. [Approved, January 7, 1829] CHAP. 45.-An ACT for the benefit of the Heirs and Representa. tives of Thomas D. Andrews, deceased. WHEREAS it is represented to the present General Assembly, that Thomas D. Andrews, in his life time, did, by parol, sell to Samuel Henry, inlot No. 73, situate in the town of Flemingsburg, at the price of three hundred dollars, payable in the paper of the bank of the Commonwealth of Kentucky, and that he paid nearly all the purchase money, and is willing, upon getting a deed, to pay the balance thereof, and that it would conduce to the interest of the infant children of said Andrews, that said contract should be carried specifically into execution; but by reason of his death, it requires legislative interposition: Wherefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for John Andrews (the guardian of the infant heirs and representatives of Thomas D. Andrews, deceased) to file their petition in the Fleming circuit court, (verified by his oath,) setting forth the facts and circumstances attending said sale, and of the situation of said infants' estate; and the said court is hereby directed to hear, by parol, the evidence of any witness that may be produced; and upon hearing of the cause, the said court shall be of opinion, that it will be to the interest of said infants, that said contract shall be carried into specific execution, to order and decree that the said John Andrews, guardian as aforesaid, convey said lot of ground to said purchaser for and on behalf of said infant heirs; which said deed, when executed, shall vest the legal title in said purchaser, as effectually as if it had been executed by said decedent, in his life time. [Approved, January 8, 1829.] 1329. CHAP. 46-An ACT to reduce the price of the vacant lands west Actual settlers may enter land at 25 cents per acre. 1829. Persons who beeome settlers Sec. 2. Be it further enacted, That for the purpose of encouraging the settlement and improvement of the vacant lands in said district, it shall be lawful for any within twelve person, who, within twelve months after the passage of months to have this act, becomes an actual and bona fide settler in said the same privi- district, agreeably to the provisions of the first section lege. of this act, shall be permitted to enter one quarter section of land, at the price stipulated above. Sec. 3. Be it further enacted, That for the purpose Proof to be of enabling the receiver of public moneys to ascertain made,& certifi- who are actual and bona fule settlers, under the proviment obtained. Sions of this act, it shall be lawful for such settlers to go cates of settlc before the county or circuit court of the county in which he or she resides, and make satisfactory proof to said court, that he or she is an actual and bona fide settler in said county; and said court, on being satisfied of the same, shall direct their clerk to give him or her a certificate of the same, to the receiver of public moneys west of the Tennessee river; and on said certifi cate being presented to said receiver, it shall be his du ty, and he is hereby directed, to allow said settler to enter any quarter section of land, on which he or she resides, not heretofore taken, at twenty-five cents per acre. Sec. 4. Be it further enacted, That it shall not be Land occupied lawful for any person to enter any quarter section or not to be en fractional quarter section of land, which has been imtered by any one but the oc- proved at the passage of this act, by any actual and cupier. bona fide settler in said district, for nine months from the passage of this act; but such actual and bona fide settler shall have the exclusive right to enter the same, for the above period. a certificate. Sec. 5. Be it further enacted, That the receiver shall Clerk's fee for file the certificate carefully away, in his office, and the clerk shall be allowed twenty-five cents for making out the same, to be paid by such applicant on delivery to him. No one to en Sec. 6. Be it further enacted, That nothing in this ter more than act shall authorize any person or persons, ever to ob1 quarter sec- tain, either directly or indirectly, more than one certifi tion under this cate; and in obtaining his certificate as above direct act. Proviso. ed, it may be for a less quantity of land than a quarter section, such as a fraction or fractions; but the same shall in no event include more than one quarter section: Provided, however, that in all cases in which the settlement, attempted to be proven before the court, shall have been made upon a quarter section, and not upon a fractional part of a section, such entry shall in no in stance be made for less than a quarter section, and no quarter section or fractional tract, as now laid off, shall be divided, or less than the quarter or fraction taken by entry. Approved, January 8, 1929.1 1829. CHAP. 47.-An ACT for the benefit of Richard Hart, of Pulaski county, and others. WHEREAS it is represented to the General Assembly, that Thomas Henderson, in the year 1806, obtained a county court certificate, No. 922, for four hundred acres. of land, lying in Pulaski county, and that two hundred and ninety-four acres of the same is surveyed and registered in the name of James Williams, and six dollars ninety-seven cents of the State price has been paid, and that the said two hundred and ninety-four acres is poor, glady land, and, has been assigned from said James Williams to Squire Griffin, and assigned from said Griffin to Richard Hart, who now resides on the land; and that said Richard Hart has a large and helpless family, and is very poor, and from affliction of the rheumatic pains, is not able to labor for the maintenance of his family: Hart. SEC. 1. Be it therefore enacted by the General Assembly of Patent to issue the Commonwealth of Kentucky, That the register of the to Richard land office is authorised and directed to issue a patent to the said Richard Hart, for the said two hundred and ninety-four acres of land, without the State price being paid for the same, any law to the contrary notwithstanding. And whereas it is represented, that Michael Lutterell obtained a county court certificate, No. 138, for two bundred acres of land, now in Adair county, on the waters of Green river; the first instalment being paid, the plat and certificate registered, said Michael Lutterell has assigned all his right, title and interest in said. two hundred acres of land, to the heirs of Richard Lutterell, deceased; the widow of said decedent is ve ry poor and much afflicted with rheumatic pains, and is unable to pay the State price on said two hundred acres of land, and raise her children. Lutterell. Sec. 2. Be it therefore further enacted, That the re- Patent to heirs gister of the land office is authorised and directed, to of Richard issue a patent to the said heirs, for the said two hundred acres of land, without the State price being paid for the same. 1829. iway. Sec. 3. Be it further enacted, That the register of the land office is hereby authorised and required to isPatent to issue sue a patent to James Coniway, for fifty acres of land, to James Con- including his improvement, without the State price being paid thereon, upon the filing of a plat of survey in his office, attested by Alfred Payne, surveyor of Allen county, or any one of his deputies: Provided, that such grant shall not interfere with any prior existing claim. Sec. 4. Be it further enacted, That it shall not be A certain en- lawful for any person to enter the northeast quarter try forbidden. of section eighteen, township two, north range two east of the meridian, during the lifetime of Lucretia Stephens: Provided, however, that the said Lucretia Stephens may at any time cater the same. [Approved, January 5, 1829.] Proviso. CHAP. 48.-An ACT allowing one additional Justice of the Peace and two additional Constables to Anderson county, and one additional Justice of the Peace to Calloway county. BE it enacted by the Ceneral Assembly of the Commonwealth of Kentucky, That there shall be allowed to Anderson county an additional justice of the peace, and there shall be allowed to said county two additional constables; and there shall be allowed to Calloway county, one additional justice of the peace. [Approved, January 10, 1229.J CHAP. 49.-An ACT for the benefit of the Sheriffs of certain counties. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the sheriffs of Woodford, Campbell, Green, Hopkins, Pendleton, Estill, Rockcastle and Garrard counties, within ten days after the passage of this act, to return their delinquent lists to the auditor of public accounts, who shall receive, audit, and allow the same, in the manner he would have done had they, or either of them, been presented within the time now prescribed by law. [Approved, January 10, 1829.] CHAP. 50-An ACT to change the direction of the State road running through the lands of Isaac and Alfred Shelby. WHEREAS it is represented by the petition of Isaac Shelby and Alfred Shelby, that they would be benefited by changing the State road lending from Danville |