with the clerk of the county court of said county, to be by him delivered to the said commissioners, and by them examined, and then returned to the said clerk which proposals when the terms thereof shall have been acceded to, shall be binding and obligatory upon the person or persons making the same; and may, if not complied with, be sued on by the justices of the said county court, and the amount or value thereof recovered by action in the circuit court of the said county, or if the sum does not exceed fifty dollars, to be recoverable before a justice of the peace. SEC. 4. Be it further enacted, That if any part of the land proposed to be laid off into town lots under the provisions of this act, other than the part appropriated for the public buildings, shall by the owner or owners thereof have been offered and accepted by way of donation, or otherwise, to the county, for the purpose of aiding in the erecSale of town lots. tion of the public buildings, or by way of inducement to the establishment of the seat of justice at a particular place, the proceeds of the sale of that proportion of the said lots so offered and accepted, shall be appropriated by the justices of the county court, to the erection of the public buildings, and for that purpose shall be subject to their order and disposition; and the residue of the proceeds of the said sales, shaH be paid to the proprietor or proprietors of the land, on which the said town shall be established. Proceeds how applied. . と SEC. 5. Be it further enacted, That upon the esCounty court tablishment of the permanent seat of justice in and to sit at theplace for the said county, the county court thereof may 38 fixed on. Proviso. make such order for the sitting of the courts of the said county, at the place so established, as to them may seem expedient: Provided, that the circuit court of the said county, may if they think proper, continue their sittings at Ellisville, until the county court shall notify the said circuit court in term time, of their having provided a convenient house for holding the circuit court in, at or convenient to the established seat of justice aforesaid; and so soon as a court house shall have been erected and rendered comfortable at the new seat of justice, the said courts shall from thenceforth be held thereat permanently. Place fixed on, the SEC. 6. Be it further enacted, That the place fixed on by the commissioners aforesaid, shall from established and after the certificate thereof shall have been fil- permanentseat of justice. ed with the county court, be and remain the permanent seat of justice of the said county of Nicholas: Provided, that it shall be the duty of the county court justices, to allow to the commissioners three dollars per day for their services, and to pay the same, together with all other expences necessary for effecting the objects of this act, out of the county levy, or out of any depositum that may be in the hands of the sheriff. Commis sieners pay. CHAP. CCCXII. AN ACT for the relief of sundry Sheriffs. APPROVED, January 29, 1816. WHEREAS, it is represented to the General Assembly, that the clerk of the Cumberland county court, in making out the books for the revenue collectable in the year 1815, made a mistake in the copy delivered the sheriff for collection, in which there was not as much charged by the sum of fifty dollars seventy six cents, as the copy transmitted to the Auditor, whereby the said sheriff is liable to pay the aforesaid sum of fifty dollars seventy-six cents more than he could have collected: For remedy whereof: Further time al of Cumberland. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the further time of eleven months from the passage of this act, be lowed the Sheriff allowed the Sheriff to obtain a correct list from the clerk, and make the collection, and to make out any list of delinquents that may be in the said account; which said list of delinquents, the county court of Cumberland is hereby authorized to allow and certify; and the Auditor of public accounts, is hereby directed to suspend any proceedings against said Sheriff, for the aforesaid sum, until the aforesaid term of eleven months; at which time the Auditor is to allow said Sheriff, a credit for the amount of delinquents, if any, and shall have the same remedy against said Sheriff for the balance as he has against Sheriffs for revenue. SEC. 2. Be it further enacted, That the general General court to court, shall give judgment for the same, or any give judgment. balance thereof, after the expiration of eleven months, without notice to the said Sheriff. Sheriff of Green delinquent lists. up to be allowed Respecting delin quencies in the 70th regiment. The Sheriff of Clay County. SEC. 3. Be it further enacted, That Jacob Kouns, Sheriff of Greenup county, is hereby authorized to present his delinquent list for one thousand eight hundred and fourteen, amounting to thirty-three dollars seventy-one cents, to the Auditor of public ac counts, who is hereby authorized to receive the same, and give said Sheriff credit for the amount thereof, out of the revenue due from the said sheriff for the said year of one thousand eight hundred and fourteen; and that the said sheriff, be allowed the further time of two months, to pay the balance of the revenue due from said county, and is hereby released from any cost or damages which may have accrued. SEC. 4. And be it further enacted, That the said Sheriff shall have until the first day of March next, to make out his delinquent list of muster fines for the seventieth regiment of Kentucky militia; and it shall be lawful for him, to make oath to the same, before some justice of the peace for Greenup coun ty, which shall be received by the paymaster of said regiment, and accounted for to the said Sheriff; and the said paymaster shall have a credit with the regiment for the amount of delinquents returned by said sheriff. SEC. 5. Be it further enacted, That the Sheriff of Clay county, shall have the further time of eleven months from and after the passage of this act, to get his delinquent list for the year one thousand eight hundred and fourteen, certified and returned to the Auditor of public accounts, who shall receive the same, and give the sheriff of said county, a credit for the amount of said list, which shall be deducted out of the revenue for the year one thousand eight hundred and fourteen. war rant to John Bu SEC. 6. Be it further enacted, That the Audi- The Auditor tor of public accounts be, and he is hereby autho- to issue a ized and required to issue a warrant on the trea- ford. surer of this state, in favor of John Buford, deputy sheriff of Woodford county, for the sum of twenty four dollars and twenty-three cents, it being the amount of his delinquent list for the year 1815; which money has been paid by him into the treasu ry. CHAP. CCCXIII. AN ACT for the benefit of the heirs of Richard APPROVED, January 29, 1816. WHEREAS, it is represented to the present General Assembly, that Edward Willis on the tenth day of November, one thousand seven hundred and eighty-six, as deputy surveyor for the county of Mercer, executed a survey for a certain Charles Burton, for three hundred and sixty-five acres of land, on a treasury warrant from the state of Virginia, on the waters of Chapline's fork of Salt river, in the said county; which said survey, the said Willis was, by written order from the agent of said Burton, authorized to transfer to a certain Benjamin Smith, and by said Smith, to Richard Armstrong, whose assignors have been in peaceable possession of said land upwards of twenty years; and the said Richard Armstrong having departed this life leaving his sons James, Alexander, William, Benjamin, John and Abel Armstrong, his heirs and legal representatives, who are bound for the title of said land, to the persons residing thereon; therefore, Preamble. A tract of land SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the right, relinquished to title and interest of the commonwealth of Ken- Armstrong's heirs tucky, in and to a certain tract of land lying and being in the county of Mercer, on the waters of Chapline's fork, and bounded as follows, to-wit: Proviso. Joseph Barnet's gistered and pa Beginning at a hickory and sugar-tree, corner to Isaac Campbell; running from thence north sixty degrees, east binding on said Campbell's line forty poles to a Spanish oak, elm and mulberry, corner to Thomas Cunningham; thence north thirty degrees, west one hundred and forty poles, binding on said Cunningham's line, to two white oaks, standing on a ridge in Paul Carrington's line of his one thousand acre survey; thence south fortyfive degrees, west three hundred and ten poles to a buckeye and sugar-tree, corner to Edward Willis's; thence south twenty degrees, east with said Willis's line, to Joseph Willis's corner, passing the same the course continued with said Joseph Willis's, in all one hundred and six poles to a white oak tree, corner to Thomas Lillard; thence north seventy degrees, east one hundred and sixty poles to a walnut and white oak, corner to said Lillard and George James; thence north twelve degrees, east with said James's line, two hundred poles to the beginning, containing three hundred and sixty-five acres, be the same more or less; be, and the same is hereby relinquished, transfered and granted to the heirs of Richard Armstrong, deceased, viz. James Armstrong, Alexander, Benjamin, William, John and Abel Armstrong, and their heirs forever; for the express purpose of enabling the said Richard Armstrong's heirs, to comply with the obligation of their said ancestor, and convey the same to such persons as are in possession of said tract of land, under the claim of the aforesaid Richard Armstrong, deceased, and hold possession of his said obligation: Provided, that nothing herein contained shall be so construed, as to invalidate any other grant or survey made in pursuance of the laws of Virginia, or of this state, prior to the first day of January, one thousand eight hundred and fifteen. SEC. 2. Be it further enacted, That it shall be survey to be re lawful for the Register of the land office, and he is tent to issue to hereby required, to receive into that office, an au-. thenticated copy of the plat and certificate of survey of six hundred and thirty-six acres of land, made in the name of Joseph Barnet, on the Roll Jane Nevit. |