proceed to collect, from such persons on said list, or from the master, guardian, parent, or other person controling the services of such delinquent or delinquents, the sum of one dollar each, for every day such person or persons may fail to work, as aforesaid: and the Sheriff shall have the same power to collect said fine or fines, by distress, as he now has to collect the county levy, out of any property that the delinquent may own: Provided, however, That the receipt of the Surveyor, that said delinquent or delinquents have worked out the amount of his fine on the precinct of which he is Surveyor, shall be an acquittance of the fine or fines against him or them. 1845 Sheriff to collect fines: may distrain. Surveyor's re ceipt for work to be discharge of fine. Fines: how SEC. 2. That it shall be the duty of the Sheriff, to pay over to the Surveyor, all such fines listed from his precinct, and col- to be applied. lected by said Sheriff, to be applied by said Surveyor to the improvement of his road precinct; and the Sheriff shall be allowed the same compensation for collecting said fines as he is now allowed for collecting the county levy. List of de sworn to by surveyor. Penalty on surveyor for SEC. 3. That it shall be the duty of each Surveyor, before he returns his list, as provided for in the first section of this linquents to be act, to go before some Justice of the Peace and make oath that the list returned by him is correct, and that the persons returned, or those controling their services, were notified of the time and place of working the road precinct of which he is Surveyor; a certificate of which oath shall be endorsed by the Justice on said list; and any Surveyor in said county, failing to perform the duties enjoined on him by this act, shall be subject to a fine of ten dollars, to be recovered by presentment in the Circuit Court of said county, or before a Justice of the Peace thereof, upon the information of any person, to be paid over to the Trustee of the Jury Fund as other fines: Provided, That the County Court of Pendleton may, at their first or second term after the return of said list to the Clerk, for good cause shown, excuse any person, so returned, from paying the fines imposed on them. Approved January 29, 1845. neglect duty. City Court may release fines. CHAPTER 116. AN ACT establishing a Chancery and Criminal term of the Marion Circuit SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Judge of the 9th Judicial District shall hold a term of the Marion Circuit Court, for the preparation and trial of chancery causes and criminal prosecutions, commencing on the second Monday in August, in each year, and to continue six juridical days, if the business of said Court require it. SEC. 2. That all chancery process and orders issued after the Spring term of said Court, shall be made returnable to the said chancery term, in the same manner, and to the same ef 1845 fect as they are now returnable to the regular term, all laws to the contrary notwithstanding. SEC. 3. That no standing jury shall be summoned to attend said term, but that in all jury trials, at said term, bystanders shall be summoned, who shall receive no compensation unless detained more than one day. Approved January 29, 1845. Preamble. Time allow ed County Ct. to accept pro visions of former act. When to de termine not to accept; and on refusing, original stockholders are vested CHAPTER 132. AN ACT to amend an act, entitled, an act to release to Ohio county the interest of the State in the Hartford Bridge Company. WHEREAS, It is represented to this General Assembly, that the County Court of Ohio county has failed and refused to accept the provisions of an act, approved 2d March, 1844, entitled, an act to release to Ohio county the interest of the State in the Hartford Bridge Company: and that said Court will continue to refuse to accept the provisions of said act: And whereas, It is represented that a large amount of money has already been expended, and the work that has been done on said bridge is utterly and entirely useless and valueless; and that the purchasers of the abutments, at Sheriffs' sale, or the most of them, are willing to join with the original individual stockholders and complete said bridge, provided they have corporate powers for that purpose: therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Ohio county shall have until the next April term to determine whether they will accept the provisions of said before recited act, and on their accepting the same, they shall subscribe an amount of stock as is prescribed in said act, and be governed therein as by said act directed. SEC. 2. That if the County Court shall, at or before their next April term, make it appear, by an order entered on their minute book, that they will not accept the provisions of said recited act, that then, and in that case, the original stockholders, or their heirs or assigns, shall be, and they are hereby vested with full and ample authority to assume to, and take with rights & upon themselves all the rights and privileges of said Hartford privileges of Bridge Company, and are to have and enjoy all the rights, privcompany. ileges and emoluments granted to said Bridge Company, and shall be governed by the laws now in force regulating said Bridge Company. Approved February 1, 1845. CHAPTER 141. AN ACT to authorize the County Court of Kenton county to change, at certain points, the location of the State road leading from Independence to Covington. 1845 County Ct. change Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, from and after the passage of this act, the may County Court of Kenton county shall have full power to make road. such changes in the State road leading from Independence to the city of Covington, as will locate said road on better and more advantageous ground: Provided, That any person, over whose land said road may be opened, shall have the right to obtain a writ of ad quod damnum, under the provisions of the general law of this State; and the damages assessed under such writ, shall be levied by the County Court, as directed by said road law. Approved February 1, 1845. Proviso. CHAPTER 142. AN ACT for the benefit of certain School Districts in the counties of Fayette, Adair and Wayne. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the School Commissioners in the counties of Fayette and Adair, be, and they are hereby authorized, to report to the Superintendent of Instruction, the Common Schools kept, in the year 1843, in Districts, Nos. 1 and 6, in Fayette, and Nos. 1 and 2, in Adair county, at any time before the first day of March next; and upon such reports being made, he shall report the same to the Second Autor, for the amount due, who shall issue his warrant upon the Treasurer for the same, which shall be paid, as in other cases. ¡Commiss❜rs in Fayette & Adair may report to Super intendent. His duty. Commission may report. SEC. 2. Be it further enacted, That the School Commissioners for the county of Wayne, be, and they are hereby author- ers of Wayne ized, to report to the Superintendent of Education, at any time hereafter, the Common Schools kept in said county, for and during the year 1844; and upon such report being made, he shall report the same to the Second Auditor, for the amount due, who shall issue his warrant upon the Treasurer for the same, which shall be paid, as in other cases. Approved February 1, 1845. Superintendent's duty. CHAPTER 143. AN ACT to provide for taking the sense of the people of Mason county, relative to the Seat of Justice of said county. WHEREAS, It is represented to the present General Assembly, that the City Council of the City of Maysville have tendered to the County Court of the county of Mason, the use of the City Hall, an edifice recently erected by said council in Preamble. 1845 riffs and clerks said city, to be used as a public Court House, and Clerks' Offices for said county; and have also proposed to erect a Jail in said city, for the use of the county, and keep said county free from expense in the erection or preparation of said buildings for said uses, provided the Seat of Justice for said county shall be, by law, removed from its present location to the city of Maysville: now, to ascertain the wishes of the voters of said county on the subject of said removal and location of the Seat of Justice, aforesaid SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the SheDuty of sheriff and several Deputy Sheriffs of said county, at the ensuing annual election, to cause a poll to be opened at the Court House, and at the several election precincts in said county, for the purpose of ascertaining the number of qualified voters in said county who are in favor of accepting the proposals of the City of Maysville, mentioned in the preamble, and, also, the number of like voters who shall vote for rejecting the same, and, also, the number of voters who shall decline to vote upon the questions aforesaid; and for that purpose, there shall be three additional columns ruled on the poll books of the annual election, and headed as follows: the first, "For the Maysville Poll books: proposition;" the second, "Against the Maysville proposition;" the third, "Neutral;" and each voter, when voting for members of the General Assembly, at said election, shall be questioned by the Judges, and asked how he votes on the Court House matter, aforesaid; and his vote shall be entered in the proper column, by the Clerk of said election. how headed. Judges may questionvoters officers: their duty. SEC. 2. That it shall be the duty of the said Sheriff, and several Deputy Sheriffs, to ascertain, as near as may be, the whole Sheriffs and number of qualified voters in said county of Mason, at the time of holding said election, and make out a list of the names thereof; which list, together with a list of the votes entered in the columns, for and against the Maysville proposition; and also, the list of those who voted for members of the General Assembly, that declined voting on the Court House question, shall be returned by said Sheriff, and Deputy Sheriffs, to the County Court of Mason county, at the next ensuing September term of said Court. their duty. SEC. 3. That it shall be the duty of the County Court of County Ct. said county, at its September term, aforesaid, if requested, by citizens of said county, to appoint three members of said Court, neither of whom shall reside in, or hold real estate in either the town of Washington or city of Maysvile, whose duty it shall be, to examine the said several lists, and purge therefrom, all names not legally entitled to a vote; and for this purpose, they shall have power to compel the attendance of witnesses before them, hear all legal and competent testimony, reduce the same to writing, and return to the County Court, at their October term, a list of names, if any, stricken from each of the lists aforesaid, with the testimony and causes for which such name was so stricken off. SEC. 4. That it shall be the duty of the County Court of said county to certify, and transmit to the next General Assembly, copies of the reports made to said Court, by the said Sheriff and deputies, as directed by the second section of this act, and the report of the Commissioners appointed to purge the polls, as aforesaid. Approved February 1, 1845. 1845 County Ct. further duty. CHAPTER 145. AN ACT to amend an act, approved March 2d, 1844, entitled, an act to reg- SEC. 2. That it shall be the duty of the Governor, if the said gate fails to sell for the sum required by law, immediately to appoint a gate keeper; but the present gate keeper will hold his office during the time for which he was appointed; and it shall be the duty of the Governor, hereafter, to appoint said gate keeper, if the gate fails to sell, as aforesaid, until the time of letting out the gate required in this act. Approved February 5, 1845. CHAPTER 146. AN ACT to amend an act, entitled, an act to amend the law concerning slaves, and for other purposes, approved January 28th, 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, if any person, not having lawful or color of claim thereto, shall be guilty of stealing any slave, or of secreting or enticing any slave to leave his or her lawful owner or possessor, or shall make or furnish, or aid and assist in making or furnishing, a forged pass of freedom, or any other forged paper, purporting to be a deed of emancipation, or will, or instrument of writing, liberating, or purporting to liberate any slave, or shall, in any manner, aid or assist such slave in making his or her escape from such owner or possessor, every person so offending, shall, on conviction, be sentenced to confinement in the Jail and Penitentiary of this |