Collector to be His compe SEC. 6. Be it further enacted, That after the trus tees have laid, and apportioned the taxes under this act, they shall appoint annually a collector thereof, appointed and his duty. whose duty it shall be, to colleet and account for the same to the trustees within two months after he shall have been furnished with a list of said taxes, and the said collector is hereby authorized to distrain and make sale of any personal property in the same manner as the collectors of the revenue are directed to do by the existing laws of this state on that subject, in case of failure or refusal to pay: and the said collector shall be allowed such compensation as the trustees or a majority of them, may think reasonable, not exceeding five per centum on tion, the sum collected, to be paid out of any money in the hands of the trustees. The collector before entering on the duties of his office, shall enter into bond to the trustees, in the penalty of three hundred dollars, conditioned for the faithful performance of his duty, and shall take a solemn oath, administered to him by any one of the trustees before the board of trustees, faithfully to discharge the duties of his office to the best of his judgment; and if he shall fail to collect the taxes in the time aforesaid, or to account for the same to the trustees when collected, the trustees may, upon giving him and his securities ten days written notice thereof, recover judgment against them in the county court of Green county, for the sum which he shall have failed to account for, together with twenty-five per centum on the sum so detained, and the costs of the motion. How proceed ed against. Vacancies how SEC. 7. Be it further enacted, That in case of vacancy in the board of the trustees aforesaid, the remaining trustees, or a majority of them, shall filled. meet at the court-house of the county, at any time, and fill such vacancy by the nomination of a person qualified as above mentioned; which trustee, or trustees so appointed, shall possess the same powers as the others, and remain in office until others are elected to supply their places. When to mee may appoint .SEC. 8. Be it further enacted, That the trustees Trustees and take sath. times as they may think proper. They shall remain in office until others are elected in their place, and may make such compensation to their clerk and commissioner, as they may think proper. The clerk shall take an oath, administered by any one of the trustees when in session, faithfully to preserve all books and papers confided to his care by the trustees, and in all respects, faithfully to discharge his duty to the best of his skill. SEC. 9. Each trustee and commissioner shall Commissioners to also take an oath to be administered by some justice of the peace, faithfully and honestly to discharge their duties to the best of their judgment;. which oath shall be noticed by the clerk on the record book of the trustees. Trustees fina SEC. 10. Be it further enacted, That a majority of ble for failing to said trustees shall have power to inflict a fine not attend meetings. exceeding five dollars, on any trustee for failing to attend any of the above stated meetings of the board, without a sufficient excuse; to be recovered by a warrant in the name of the other trustees before any magistrate; the trustee intended to be so fined having had ten days previous notice in writing to appear before the board of said trustees, and shew cause, if any he can, why he should not be fined. Taxes of non residents, collected. SEC. 11. Be it further enacted, That when any how persons holding property in said town, do not reside in the county of Green, it shall and may be lawful for the collector to levy upon the goods and chattels of the tenant in possession, for the amount of tax due on said property; and in case there should be no tenant, or occupier of the property, the town collector shall place the tax bill in the hands of the sheriff of the county where the owner of such property may reside; who shall receive and collect the same under the same rules and regulations, fines, and forfeitures, as the said collec tor is liable to. Mode of con SEC. 12. Be it further enacted, That elections for ducting election trustees under this act, shall be superintended and directed by any justice of the peace, who shall deliver the persons elected, certificates of their elections; which shall be noticed by the clerk, and filed away by him. Unsold lots in SEC. 13. The trustees having advertised for one said town to be month at the court-house door of the county, shall disposed of proceed to expose at public sale, all the unsold lots in said town, upon such a credit as the proprietor of the town may direct, and shall take bonds from the purchasers with approved security to the afore, said proprietor; and shall cause a re-survey to be made of all the out-lots of said town, and pay for the same out of any money in their hands, and shall procure a plan of the town; which with such resurvey attached thereto, they shall cause their clerk to record and preserve. SEC. 14. This act shall not take effect until the last day of March next. CHAP. CCLXXVI. AN ACT for the relief of Edmund Talbot, of Henderson county. APPROVED, December 21, 1815. Preamble. WHEREAS, it is represented to the General. Assembly, that Edmund Talbot obtained a certificate from the county court of Henderson, for a head-right for two huudred acres of land, which was afterwards discovered to have been located and surveyed within the limits of a military survey: He the said Talbot, executed a relinquishment of the said survey, and agreeably to the provisions of the existing laws, procured a certificate of the removal of his said claim, upon which he procured another survey to be executed in virtue thereof, and having returned the same into the Register's office, and paid up the state price for the same, and obtained a quietus therefor; a patent by mistake, was afterwards issued to him, the said Talbot, bearing date on the eighth day of December, in the yearone thousand eight hundred and fourteen, for the land included in the military survey as aforesaid, instead of the land embraced within the survey made in the said certificate of removal; wherefore, SEC. 1. Be it enacted by the General Assembly of Register to is the Commonwealth of Kentucky, That the Register of the land office be authorized, and required upon the application of him, the said Talbot, to issue to sue a second patent to said Tal bot him a patent for the land included in the survey executed on the said certificate of removal, as if such former patent had never been issued; but Proviso. nothing in this act shall be construed to effect, or impair any existing right in any person or persons, bodies politic, or corporate, to the land hereby permitted to be patented. Talbot to to land under the SEC. 2. And be it further enacted, That the said inquish all right Edmund Talbot, shall, before the patent shall isfirst patent be sue as aforesaid, relinquish to the commonwealth, fore the second all right, title, claim or interest, he might have to jssues. the land, included in the before recited patent; which relinquishment or note thereof, shall be by the Register entered in the margin opposite the record of the patent, noting the second patent also: CHAP. CCLXXVII. AN ACT for the benefit of actual settlers, APPROVED, December 21, 1815. WHEREAS it is represented to the present Preamble. General Assembly, that the waste and unappropriated lands in this commonwealth, are generally of little value; and that the persons settled upon them are poor, and in many instances, unable to advance money for the procurement of warrants under the act passed at the last session of the Legislature on that subject: Persons settled SEC. 1. Be it therefore enacted by the General Assembly of the Commonwealth of Kentucky, That on vacant land any person who was an actual settler on waste and giving the exclu sive sight of ap- unappropriated land on the sixth day of February propriating them last, may obtain a warrant for any number of acres not less than fifty, nor more than two hundred, including his, or her improvement, and shall have the exclusive privilege of entering and surveying the same, until the first day of September next. nntil 1st Septem ber next. In making ap. propriations how to be governed. SEC. 2. Be it further enacted, That all persons desirous of acquiring lands under the provisions of this act, shall be governed by the same rules and regulations as are prescribed in the act above alluded to, entitled, an act for appropriating the va cant lands in this commonwealth, approved the sixth day of February, one thousand eight hundred and fifteen. SEC. 3. Be it further enacted, That the provi provisions of this sions of this act shall apply as well to those who To whom the were actually settled upon waste and unappro- act shall extend. priated land, on the first day of December, one thousand eight hundred and fifteen, as to those who were settled under the provisions of the above recited act, on the sixth day of February, in the year aforesaid ; and the former shall be as much availed of the provisions hereof, as the latter: Provided, the settlers since the sixth day of February, one thousand eight hundred and fifteen, shall not interfere with the settlers, prior to the sixth February, one thousand eight hundred and fifteen, and two hundred acres including the first actual settler's improvement, as near in the centre as surrounding claims shall admit. Provise. The construe. tenth section of SEC. 4. Be it further enacted, That nothing in the tenth section of the above recited act, to which tion which is to this is an amendment, shall be so construed as to be given to the give a preference to any claim held by any person the above recited or persons under the laws of this state, covering the residence of the actual settler, whose settlement with some portion of land around it, has been protected by any former law of this state. act. CHAP. CCLXXVIII. AN ACT for the relief of the Sheriffs of Nicholas and Warren counties. APPROVED, December 21, 1815. WHEREAS, it appears that Archelaus Vanhook, sheriff of Nicholas county, hath sustained considerable injury by the conduct of one of his deputies, who had collected a part of the revenue of said county, together with sundry executions, and afterwards absconded without having accounted for the same, and has thereby prevented the said Archelaus Vanhook from getting a delinquent list C Recital |