1845 four successive weeks previous to the said first Monday in August next: the expense whereof, shall be paid out of the county levy; and it shall be the duty of the Sheriff of said county, to cause said notices to be posted up at the said several public places, and published in said newspapers. Approved January 22, 1845. CHAPTER 77. AN ACT to legalize the proceedings of the Estill County Court held in October, 1844. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the proceedings of the Estill County Court, held in the month of October, 1844, for the purpose of granting letters of administration on the estate of David Gentry, deceased, be, and the same are hereby legalized, and the same shall be as good and valid in law, as though it had been done at a regular term of said Court. Approved January 22, 1845. CHAPTER 78. AN ACT to prevent fraud in the sale of Salt. WHEREAS, a custom prevails in many parts of this Commonwealth, of selling salt by what is called "lick weight:" And, whereas, said custom offers an opportunity to such as are disposed to commit fraud, by over marking the real weight, leaving the purchaser without remedy: therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, all manufacturers, merchants, grocers and factors, in this Commonwealth, shall, in making sales of salt, cause each barrel to be re-weighed at the time of sale, and deduct the usual tare allowed for the weight of barrels at the different works where such salt was made. SEC. 2. Be it further enacted, That any manufacturer, merchant, grocer and factor, who shall fail to comply with the provisions of this act, shall, for each offence, be fined the sum of twenty dollars, recoverable before any Justice of the Peace of the Commonwealth; one half to the informer, and the other to the Commonwealth. The provisions of this act shall not take effect until the first day of June next. Approved January 22, 1845. CHAPTER 84. AN ACT requiring certain duties of the Commissioners of Tax, and County WHEREAS, it is represented to the present General Assembly of the Commonwealth of Kentucky, that the returns of taxable property are frequently made to the Second Auditor without proper attention being paid to the calculations, thereby injuring the Commonwealth, and producing difficulties in the settlements with the Sheriffs-for remedy whereof, 1845 Clerks to examine books & SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That before any County Court shall receive the returns of taxable property from the Commissioners of Tax, it shall be the duty of the County Court Clerk, to examine all the extensions and calculations of the Commis- certify them. sioners, and certify to the Court, that all the extensions and calculations are correct, and that each page is a correct balance sheet, as contemplated by the act of Assembly now in force on this subject. Auditor may SEC. 2. Be it further enacted, That if the Clerk of any County Court should forward to the Second Auditor, a copy of the Commissioner's Books from his county, with such er- return Com'rs rors in the extensions and additions as to make it doubtful as books to Clerk. to the true amount of revenue due upon the same, it shall be the duty of the said Auditor forthwith to submit the same to the Governor for the time being, for his inspection, and by his directions any such defective book or books, shall be immediately returned by said Auditor to such Clerk for correction, and no allowance shall be made for such defective book, and the Clerk of such County Court shall be chargeable with all the expense of transmitting the same, to and from such Clerk, and he shall be compelled to forward a correct copy directly, and upon failure to comply, shall be subject to all the penalties now imposed by law. Approved January 22, 1845. CHAPTER 91. AN ACT to amend an act, entitled, an act to amend the laws regulating the management of the Wilderness Road and Madison Fork, and to amend and reduce into one, the several acts incorporating the Oakland Turnpike Road Company, approved March 2d, 1844. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, the provisions of the first section of an act, entitled, an act to amend the laws regulating the management of the Wilderness Road and Madison Fork, and to amend and reduce into one, the several acts incorporating the Oakland Turnpike Road 3 1845 Company, approved March 2d, 1844, shall embrace and apply to the citizens of Laurel county in like manner as they now embrace and apply to the citizens of Madison and Rockcastle counties. Approved January 24, 1845. CHAPTER 92. AN ACT to allow an additional Term to the Lincoln County Court, and an additional Justice of the Peace to Lincoln county. SEC. 1. Be it enacted by the General Assembly of the Com monwealth of Kentucky, That there shall be a Term of the Lincoln County Court held in the month of June, any law to the contrary notwithstanding. SEC. 2. That there shall be, and is hereby allowed to the county of Lincoln, an additional Justice of the Peace. Approved January 24, 1845. CHAPTER 107. AN ACT authorizing the County Court of Christian county, to change the Approved January 29, 1845. CHAPTER 109. AN ACT to amend an act, approved March 2d, 1844, in relation to Constables. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the second section of an act, entitled, an act to amend the laws relative to the appointment of Constables, and for other purposes, approved March 2d, 1844, shall only apply to all causes of actions which may have accrued, and all suits depending, which have been instituted after the passage of said act. Approved January 29, 1845. CHAPTER 112. AN ACT supplemental to an act, entitled, an act to establish the county of 1845 Duty of the SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky. That it shall be the duty of the County Court of Fulton, so soon as the provisions of the fourth County Court. section of the act establishing said county are fully complied with, to appropriate the four thousand dollars so raised by the fourth section of the act aforesaid, to the erection of the public buildings for said county, and the County Court shall have full power to collect said subscription, or any part thereof by suit, before any tribunal having jurisdiction of like sums; and in the event the provisions of the aforesaid section are not complied with, it shall not be lawful for said Court to raise, by levy, any money for the erection of the public buildings for said county: Provided, Said Court shall have the power to procure the use of some suitable house for the purpose of holding the County and Circuit Courts of said county. SEC. 2. That the county of Fulton shall have the use of the jail of Hickman county, until the county of Fulton shall have erected a jail for the use of said county. Proviso. May use the jail of Hickman county. Entitled to where situated SEC. 3. That the county of Fulton shall be entitled to two election precincts, one to be holden at the house of Greenber- two election ry Watson, in the Madrid Bend, and the other at the house of precincts, and Marcus Millner, and the County Court of said county, shall appoint proper persons to hold the elections at said precincts. SEC. 4. That it shall not be lawful for the Hickman County Court to fill the vacancy of any Constable, or recommend to County Court the Governor any person for Justice of the Peace, where such vacancy has been occasioned by the formation of Fulton county. Hickman shall not fill a vacancy for Constable or a Justice. CHAPTER 113. Approved January 29, 1845. AN ACT to run and re-mark a portion of the boundary line between the WHEREAS, Doubts have arisen as to the true line of boundary between the State of Kentucky and the State of Tennessee, upon different portions of the line dividing said States: therefore. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Governor be authorized to appoint two Commissioners upon the part of the State of Kentucky, to meet such Commissioners as may be appointed upon the part of the State of Tennessee, whose duty it shall be, to run and re-mark said line, where it has been heretofore run and marked by the authorities of the two States, that is to say from the Reel Foot Hills, to the Mississippi river, and, Preamble. Governor to appoint Commissioners on the part of Ky. their duty. 1845 Commission also, that portion of said line that divides the county of Stewart, in the State of Tennessee, from the counties of Christian and Trigg in the State of Kentucky. SEC. 2. Be it further enacted, That said Commissioners, ers to report to shall, by a joint report, communicate to the Governor their Legislature. proceedings under this act, who shall communicate the same Governor of to the next Legislature of this State. nicate this act Ky. to commu- SEC. 3. That the Governor shall communinate the passage to Governor of of this act to the Governor of the State of Tennessee. Tennessee. Approved January 29, 1845. or. CHAPTER 114. AN ACT to regulate certain duties of Clerks. SEC. 1. Be it enacted by the General Assembly of the ComStatement of monwealth of Kentucky, That it shall be duty of the several suits to be re- Clerks of the Circuit Courts, the Clerk of the General Court, ported to the Second Audit- Clerk of the Louisville Chancery Court, and Clerk of the Court of Appeals, immediately after the Fall Term of their several Courts, to report to the Second Auditor, a full statement of the whole number of suits brought in the preceding year, that is, from Fall Term to Fall Term, each and every year, designating in said report, each different kind of suit, towit: Chancery, Common Law, Criminal Prosecutions, Presentments, &c., as they may appear upon the docket of the Court. Penalty for failing to endorse steps on papers. SEC. 2. Be it further enacted, That if the Clerks of the said Courts shall fail to endorse the steps in all suits pending, or hereafter to be commenced, in any of said Courts, as required by an act, entitled, an act further regulating the duties of Clerks, approved February 8, 1839, such Clerk, so failing, shall forfeit his fees in each and every case wherein he shall fail, as required by said act; and if any Clerk shall collect, or attempt to collect, his fees in any case thus forfeited, he shall be subject to all the penalties now imposed by law for issuing or collecting illegal fee bills. Approved January 29, 1845. When and by whom delin CHAPTER 115. AN ACT to amend the road laws of Pendleton county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of each surveyor of the public roads in the county of Pendleton, to return quents to be to the Clerk of the County Court of said county, a list of all persons failing to work upon the road or roads within his precinct; which list the Clerk shall file in his office, and furnish a copy thereof to the Sheriff of said county, who shall immediately returned. |