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1829.

Proviso.

survey, as recorded in the surveyor's book: Provided,
that nothing in this act contained, or the grant herein.
directed to issue, shall be so construed, as to prejudice
the claim or claims of any person or persons to said

land.

[Approved, January 22, 1829.]

CHAP 76-An ACT supplementary to an act entitled, "an act
for the benefit of the heirs of Claiborne Walton, deceased," ap-
proved December 6th, 1822.

SEC. 1. BE it enacted by the General Assembly of the Commissioners Commonwealth of Kentucky, That William J. Garnett authorized to and Thompson Crenshaw, the two surviving commisconvey land sold under a former act.

authorized.

sioners appointed by the Barren county court, pursu-
ant to an act of the General Assembly, entitled, "an
act for the benefit of the heirs of Claiborne Walton,
deceased," approved December 6th, 1822, to sell a
grist and saw mill and twenty-four acres of land, shall
have power and authority to convey said land and mills.
to William W. Parrish, the purchaser thereof; and such
Conveyance, when made, shall divest the said heirs of
their title to said land and mills.

Sec. 2. And be it further enacted, That said commisA further sale sioners be empowered to sell and convey one half acre of land, the residue of said tract, in the manner directed by, and according to the provisions of the before recited act.

[Approved, January 22, 1829.]

Preamble.

CHAP. 77.-An ACT supplemental to an act incorporating St.

Joseph's College.

WHEREAS by the act incorporating St. Joseph's College, the Bishop of Bairdstown, for the time being, is constituted moderator of the board of trustees for said College, and no provision has been made in said act, who should hold said office in case of vacancy of said bishopric, until the election of his successor, or in any other case of suspension of Episcopal functions, according to the discipline of the Roman Catholic Church: Therefore,

SEC. 1. Be it enacted by the General Assembly of the Moderator of Commonwealth of Kentucky, That in such case of vatees how ap- Cancy or other suspension of Episcopal functions, the pointed. person duly exercising Episcopal jurisdiction under the

board of trus

A

title of administrator, Vicar-Apostolic, or other title, according to the discipline of the Roman Catholic Church, shall be Moderator, ex officio, of the said board of trustees.

1829.

Sec. 2. Be it further enacted, That the trustees of St. Trustees to Joseph's College, who shall hereafter be elected or continue in office for 1 year. nominated at the annual elections or nominations of trustees, shall continue in office for one year, and until a new election or nomination of trustees shall be made for said College: Provided, however, that the Legisla- Proviso. ture reserves the right to repeal this charter at plea

sure.

[Approved, January 22, 1829.]

CHAP. 78.-An ACT to amend an act entitled, "an act to incorporate the Cumberland College at Princeton."

BE it enacted by the General Assembly of the Common- Trustees of wealth of Kentucky, That the trustees of the Cumber- Cumberland land College, at Princeton, be, and they are hereby collect subCollege may authorised, to sue for and collect in their corporate scriptions by capacity, any sum or sums of money or property due suit. them by subscription or otherwise. They shall have the power to sue for and collect all sums of money or property, which were subscribed for the purpose of establishing said College, previous to the obtention of the charter, and which the subscribers are by law liable and bound to pay: Provided, however, nothing in Provise. this act contained, shall be so construed as to alter or change the subscriptions from property to money; but said trustees shall receive said subscriptions in property or money, as the case may be, by the original subscription.

[Approved, January 22, 1829.]

CHAP. 79.-An ACT for the benefit of John Ash.

WHEREAS it is represented to this present General As- Preamble. sembly, that John Ash, of the county of Spencer, was appointed as a committee by the circuit court of Spencer county, to take care of the person of Modlina Miller, who was found by the inquest of a jury, duly empanneled and sworn, to be a lunatic, and possessed of no estate, and that the said Ash, kept and supported the said Modlina Miller, from the 1st day of December 1825, un

1829.

John Ash al

lowed keeping a lunatic.

pay for

til the 20th day of July 1828, at which time she was removed to the Lunatic Asylum, and for which he has received no compensation:

Be it therefore enacted by the General Assembly of the Commonwealth of Kentucky, That the said John Ash be, and he is hereby allowed the sum of one hundred and thirty-two dollars, for keeping and supporting the said Modlina Miller, as aforesaid, payable out of the public treasury of this State; and the auditor of public accounts is hereby authorised and required to issue his warrant on the treasurer of this State, for and in behalf of the said John Ash, for the sum of money aforesaid. [Approved, January 22, 1829.]

Preamble..

CHAP. 80.-An ACT for the benefit of William Fish, Robert Langford and John Prewitt.

WHEREAS it is represented to the General Assembly, that William Fish did, on the 5th day of September, in the year 1827, cause a survey of twenty-five acres to be made in Rockcastle county, by virtue of a Kentucky land office warrant, No. 16,519, registered the same and paid the Register's fee thereon; and that Robert Langford caused a survey of thirty-five acres to be made in Rockcastle county, by virtue of a Kentucky land office warrant, No. 13,979, registered the same, and paid the Register's fee thereon; and that the Register of the land office refuses to issue the patents to the said William Fish and Robert Langford, in consequence of the surveyor not certifying in the original plats and certificates, that the surveys were bounded all round by prior claims: Therefore,

SEC. 1. Be it enacted by the General Assembly of the Register to is- Commonwealth of Kentucky, That the Register of the sue patents to land office is authorized and directed to issue the paWilliam Fish, tents to the said William Fish and Robert Langford, as in other cases, and that both claims shall be as good and valid, as if they had been bounded all round by prior claims, any law to the contrary notwithstanding.

& Rob't. Lang

ford.

And whereas it is further represented, that John Prewitt did, on the 20th day of March in the year 1806, cause a survey of one hundred and fourteen acres to be made by virtue of a Knox county court certificate, No. 329; and that two dollars of the State price have been paid; and that by a suit at law brought against the said John Prewitt in the Rockcastle circuit court, the said Prewitt has lost, by a prior and better claim,

all of the aforesaid one hundred and fourteen acres of 1829. land, except about fifteen or twenty acres; and that said John Prewitt is a poor man, and cannot well bear the expense of another survey of the land:

Sec. 2. Be it therefore further enacted, That the Re- Register to isgister of the land office is authorized and directed to sue patent to John Prewitt. receive and record the original plat and certificate aforesaid, of one hundred and fourteen acres, without fee or any more of the balance of the State price being paid on the same, and issue a patent to the said John Prewitt, as in other cases: Provided, however, that nothing herein contained, shall be in any manner so construed as to affect the right of any prior claim or claims whatsoever.

[Approved, January 22, 1829.9

CHAP. 81.-An ACT for the relief of James Stone, for keeping Pol ly Norman, a Lunatic, three months.

BE it enacted by the General Assembly of the Conv monwealth of Kentucky, That the Auditor of public ac counts issue his warrant on the Treasurer, in favor of James Stone, for the sum of twelve dollars and fifty cents; which sum the Treasurer is directed to pay to the person entitled thereto, in Commonwealth's paper.

[Approved, January 22, 1829.]

CHAP. 82.-An AOT for the benefit of Hezekiah Smallwood,

BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of public accounts. shall issue his warrant upon the treasury in favor of Hezekiah Smallwood, for the sum of fifty-three dollars and fifty cents, for keeping and maintaining Eunice Smith, a person of unsound mind, from the 13th day of September, 1826, to the 11th day of October, 1827.

[Approved, January 22, 1829.]

CHAP. 83.-An ACT allowing the county court of certain coun

ties to appoint Constables.

SEC. 1. BE it enacted by the General Assembly of the Scott, Henry Commonwealth of Kentucky, That the county courts of

Scott and Henry, three fourths of the justices of the

1829.

peace for said counties concurring therein, may appoint one or more constables for said counties.

Sec. 2. Be it further enacted, That the county courts Pulaski, Pike, of Pulaski, Pike, Muhlenberg, Henderson, and Union Muhlenberg, counties, be and they are hereby authorised, to appoint one additional constable each, a majority of all the justices in commission in each county concurring therein. [Approved, January 22, 1829.]

Henderson &
Union.

Preamble.

CHAP. 84.--An ACT for the benefit of the Sheriff of Jefferson county.

WHEREAS It is represented to this General Assembly, that on the 13th day of February 1827, William Field was commissioned by the Governor of this Commonwealth, as sheriff of Jefferson county, to fill the vacancy occasioned by the resignation of John Murphy, which commission expired at the end of the last session of the Legislature; and whereas the Governor did, on the 10th day of January 1828, nominate said William Field to the Senate, as Sheriff, and the Senate advised and consented to said nomination; but the Governor failed to issue a commission to said Field, in pursuance of said nomination and advice; and that said Field, by himself and deputies, has performed the duties of sheriff of said county, since said appointment and nomination; and whereas doubts have arisen, whether or not he is authorized to distrain for the balance of the revenue tax due by the county of Jefferson: For remedy whereof,

Sec. 1. Be it enacted by the General Assembly of the ized to collect Commonwealth of Kentucky, That the said William Field be, and he is hereby authorized and empowered, to distrain for any taxes due the said Commonwealth from the county of Jefferson for the year 1827, collec

taxes, &c.

Further time

given to return

table in 1828.

Sec. 2. Be it further enacted, That said William Field have the further time until the first of June, delinquent lists 1829, to return his delinquent list to the Auditor of - public accounts, who shall enter a credit for the same. Sec. 3. Be it further enacted, That the county court of Jefferson county be, and they are hereby authorized and required, to certify said delinquent list at their May county court.

County court to certify said

lists.

Sheriff to collect fee bills.

Sec. 4. Be it further enacted, That said William Field have full power and lawful authority to settle and collect all fee bills due him, as other sheriffs now have, and to finish his other business as sheriff.

[Approved, January 22, 1829.1

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