Sales of land

3d Monday of Nov. next.

ry, within twelve months from the passage of this act, any instalment which may be due on said land, the land shall not be sold to the highest bidder, as in other cases, but shall be forfeited and revert to the commonwealth.

SEC. 6. Be it further enacted, That the sales of suspended until lands, for the debt due the commonwealth, shall be, and the same are hereby suspended until the third Monday in November, one thousand eight hundred and sixteen. The Auditor and Register, shall reAuditor and spectively, proceed to perform the duties required, Register's duty as that time. under the provisions of the act entitled, an act providing for the payment of the debt due the commonwealth, approved the twenty-sixth day of December, one thousand eight hundred and six; and the Register shall commence the sales upon the third Monday in November, one thousand eight hundred and sixteen, and in all things, be governed by the provisions of the before recited act : Provided, however, that it shall be lawful for any person or persons having lands sold under the provisions of this act, to redeem the same at any time within twelve months from the date of the sale, by paying into the public treasury, the amount for which the same was sold, together with ten per centum thereon, and all costs of sale; and in case the land be sold to an individual or individuals, they shall, upon application, be entitled to a warrant on the treasury for the original purchase money, and the ten per centum thereon.

Proviso.

fore sold may be. redeemed.

SEC. 7. Be it further enacted, That any person or Lands hereto persons whose lands may have been stricken off to the commonwealth for the first, second, third and fourth instalments, shall be allowed twelve months from the passage of this act, to redeem the same Upon what by paying into the public treasury, the amount of demption may be the instalment or instalments for which it was sold, with an interest of ten per centum thereon, and costs of sale, and such other instalments as may have become due.

conditions re

bad.

All the inter

payment within

SEC. 8. Be it further enacted, That any person est remitted upon who shall within five months from the passage of 5 months of the this act, pay into the public treasury the whole whole state price amount of the state price, or the balance in case of

And half re

ment is made in

partial payment already made, shall be entitled to a discount of all the interest due, or to become due: And any person who shall pay into public treasury mitted if pay within ten months from this date, the whole te months. amount of state price, or the balance, in case of partial payment being already made, shall be entitled to a discount of one half the interest due or to become due thereon.

SEC. 9. Be it further enacted, That no purchaser at the sales beretofore made, or by this act directed, shall be entitled to the indulgence herein allowed in the first section of this act, nor shall any certificate of settlement be received by the auditor in such cases, except those persons who may have purchased their own land claims, at the Register's sales.

No purchaser sale entitled to at the Register's indulgence under

this act.

No persons but settlers

deem lands where

SEC. 10. Be it further enacted, That no person actual or persons, other than actual settlers, shall be au- permitted to rethorized to redeem lands which have been forfeit- it interferes with the claim of an ed to the commonwealth, for failing to redeem the actual settler. same within the time allowed by law, so as to give him, her or them any right, title or claim to the same, where it shall interfere, or conflict with the survey of any person actually settled thereon, or with an entry or survey made by virtue of a seminary warrant; and should a grant issue, it shall be void, so far as it does so interfere.

act, so

SEC. 11. Be it further enacted, That no person who has heretofore obtained a certificate described in the second section of this act, shall be entitled to obtain one under the provisions of this as to exceed four hundred acres including former certificates and the oath required to be made in the said second section of this act, shall, in the cases of femes covert, be made by their husband; and in cases of infants and persons of insane mind, by their guardian, committee or friend; in which cases the person shall swear to the situation of the person for whom he is acting, and that he is acting in good faith for them.

Manager

build boa to

CHAP. CCLXXXVIH.

AN ACT to establish Ferries across Rockcastle ri ver on the turnpike and wilderness road.

APPROVED, January 11, 1816,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of James Walker, manager of the turnpike and wilderness road, to cause two good and sufficient ferry boats, at least forty-five feet long, to be built and stationed, one at each of the crossings of Rockcastle river, where the turnpike road crosses the same, and to appoint some fit person to attend each boat with hands sufficient to convey all passengers who wish to cross said river, who shall be authorized to receive the following tolls, to-wit: For every waggon and team, fifty cents; for every two wheeled carriage, twenty-five cents; for every man and horse, twelve and one half cents; for every single horse, mare or mule, six and a quarter cents; for every head of cattle, sheep or goats,one cent; and for every foot person, other than those that belongs to the carriages, six and a quarter cents: Which sums, after paying the expences How to be ap, of the boats and hands attending thereon, shall go to the benefit of the turnpike institution, and be accounted for by said manager.

May receive tolls from pa

sengers &

propriated.

Duty of the

faries.

SEC. 2. Be it further enacted, That the keeper of keeper of the each ferry boat, shall keep a book, in which he shall enter each day's toll that is received, and make oath before some justice of the peace, to the correctness of the same, when called on by said manager for that purpose; and the manager aforesaid, shall be authorized in the first instance, to pay for said boats out of the money now in his hands, which was directed by law to the repairing of the Rockcastle bridge, by reimbursing the same when collected.

Managers not to provide boats

SEC. 3. Be it further enacted, That the manager until the owners of the turnpike and wilderness road, shall not proof the land refuse ceed to execute the above provisions of this act, unless the owners of the land where the said road crosses Rockcastle river, both at the upper and low,

to do so

or erossings, shall refuse or neglect to establish at the said crossings, ferry boats of sufficient size, at least forty-five feet long, to pass over waggons securely; and by themselves, or their agents, keepthe said ferries in good order, and attend to the passing over all travellers who may travel that road, allowing to the owners of land where the ferries are to be established until the first day of March next, to build said boats, should they not have been previously provided.

the land, may re eeive the toll up. establishing

SEC. 4. And be it further enacted, That the pro- Proprietors prietors of the land at said ferries, should they establish the same, shall receive and collect the rate of toll, provided by the first sction of this act, and

no more.

on

the ferries.

To keep the

banks at said fer

ries in proper or

SEC. 5. Beit further enacted, That it shall be the duty of the proprietors or occupiers of the land, if they should keep boats under the provisions of der. this act, to keep the banks of the river, in proper order for the passage of all carriages crossing said ferry; and in case of failure, to be subject to a fine of five dollars for every twenty-four hours the said banks and road leading into the state road, is out of proper order; recoverable by any person sning for the same, before a justice of the peace for the county where the offence may happen.

Penalty for fail and applied.

ure, how recover.

ed

Powers given the

manager of turn

pike road and his

proprietors fail

ferries.

Proprietors may

SEC. 6. Be it further enacted, That if it should be necessary for the manager of the wilderness road, to furnish boats under the provisions of this duty upon the act, that he shall be authorized to open the road, ing to establish and repair the banks at the most safe and convenient places for crossing said river, so as to intersect the state road, without interfering with the buildings of the said proprietors or occupiers: in which event, the proprietor or proprietors, occupier, or occupiers, may apply to the county court of the county in which he may reside, for a writ of quod damnuin. ad quad damnum directed to the sheriff, to summons twelve discreet freeholders of the county, no way related to the party applying, to go on the ground where the road is proposed to pass, on a day to be named by the court, and to be governed by the same rules and regulations as is now directed in case of writs of ad quod damnum on public roads; which damages and costs so assessed, shall be paid by the

have a writ of ad

manager out of any money arising from the turnpike.

Executors an

and convey lands

CHAP. CCLXXXIX.

AN ACT for the relief of the representatives of David Johnson, deceased.

APPROVED, January 11, 1816.

SEC. 1. Be it enacted by the General Assembly of authorized to sell the Commonwealth of Kentucky, That Hannah Johntestator. son, Robert Robb and George Faris, executrix and execators of the last will and testament of David Johnson, deceased, be, and they are hereby authorized to sell and dispose of a tract of land, of which their said testator died seized and possessed, situate in the county of Lewis, and to convey the same to the purchaser or purchasers by deed, with special warranty.

ty court,

SEC. 2. Be it further enacted, That before the said executrix and executors, shall proceed to sell the To give bond previous to the sale said tract of land, they shall enter into and acin Creenup coun- knowledge bond, with sufficient security, to be adjudged of by the county court of said county, in the penalty of at least double the value of the land to be taken in the said court, payable to the heirs at law or devisees of the the said David Johsson, deceased, their heirs, executors, or administrators, conditioned to account for the price of said land to creditors, or said heirs and devisees, in equal proportions, as they shall respectively attain the age of twenty-one years, or to their legal guardians, if any shall be appointed before the said heirs shall attain the said age.