Trustees ap pointed.

Powers of trus fees.

Trustees may

inhabitants of sd

town.

and collector.

SEC. 4. Be it further enacted, That Daniel Owsley, Rane M Kinny, John Daviss, Thomas Owsley, Archibald Shanks, and Archibald S. Letcher, are hereby appointed trustees to said town; who shall hold their offices until the first Monday of March, 1817; on which day, and on the same day in every year thereafter, the free male inhabitants of said town, above the age of twenty-one years, shallmeet in said town, and choose by election, six fit persons for trustees, to serve for one year after their election; which election shall be conducted by two of the trustees, who shall be designated by the board for that purpose.

SEC. 5. Be it further enacted, That the trustees by this act appointed, and their successors in office or a majority thereof, shall have power to pass such bye-laws and rules, for the government and regulation of said town, as to them may seem right, not contrary to the constitution of this state, or inconsistent with the laws thereof.

SEC. 6. Be it further enacted, That the trustees, levy a tax on the or majority of them, shall have power to levy and collect a tax off the inhabitants of said town, not to exceed five dollars annually, from any individual, if to them it should seem expedient: which money shall be applied to the improvements of said town. And the said trustees shall have power to appoint Appoint assessor an assessor, and a collector to said town; and shall require such securities of them as they shall deem sufficient to insure the faithful performance of the duties to them entrusted; and shall make them such compensation for their services as they Vacancies how may think proper. When vacancies happen in tho board, by death, resignation, removal, or otherwise, the trustees shall fill such vacancy: And the member or members, so added to the board of trustees, shall continue in office until the succeeding annual election.

filled.

Beard of trus if elections do not take place.

tees not dissolved

SEC. 7. Be it further enacted, That should the elections not take place on the day fixed for the annual election of trustees, the board shall not for that cause be dissolved; but the incumbents shall remain in office until their successors are elected ;~ and it shall be the duty of the trustees to fix some other day, at as early a period as convenient; on

which day two of their number shall attend, and hold an election for trustees.

Trustees to ap

compensation. His duty and

SEC. 8. Be it further enacted, That the trustees shall appoint a clerk, whose duty it shall be, to point a clerk, keep a fair record of their proceedings, and to publish by advertisment in said town, the bye-laws by them enacted, for the regulation and government thereof; and keep safely all papers committed to his charge. They shall make such compensation to their clerk, as to them shall seem reasonable. The trustees by this act appointed, and their successors hereafter elected, shall severally, before they enter upon the duties of their office, take an oath before some justice of the peace, That they an oath of office. will faithfully discharge the trust to them committed, without favor, partiality or affection. A certificate of which oath, shall be filed with the clerk of said board of trustees,

Trustees to take

CHAP. CCCXXXVIII.

AN ACT for the relief of Wilson Sullivan.

APPROVED, February 6, 1816.

WHEREAS it is represented to this General Assembly, that Wilson Sullivan stands indicted in the Floyd circuit court, for murder, and that owing to the unusual prejudice existing against him, he cannot have a fair and impartial trial: for remedy whereof,

Recital

Defendant to

to be tried in Clarke county.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That at the next circuit court held in and for the county of Floyd, make his election the said Wilson Sullivan, when he appears in court to answer said indictment, may, and he is hereby allowed to make his election, whether he will be tried in the Clarke circuit court or not: And if he shall not elect to be tried in Clarke, the circuit court of Floyd county, shall proceed to try him in the same manner as if this act had not passed.

SEC. 2. Be it further enacted, That if said Wilson Sullivan shall, when the question of election

Duty of the court

Clerk to make

pers.

Court may bail

prisoner, or diconvey him to the

rect the sheriff to

Clarke jail.

shall be put to him by the said circuit court of Floyd, elect to be tried in the circuit court of Clarke county, the court shall enter the said election on their record; and the clerk of the Floyd circuit court shall make out a certified copy of all the orders of court, eut copies of pa to be sent with the indictment and other papers belonging to the prosecution, to the clerk of the Clarke circuit court, in manner hereinafter directed: And in case of said election being taken, the circuit court of Floyd, if they shall adjudge the prisoner entitled to bail, and good and sufficient bail be offercd, shall recognize said Sullivan to appear on the first day of the next term of the Clarke circuit court; which shall be as binding and subject to the same procedure as other legal recognizances: But if the court for the circuit of Floyd, shail adjudge the offence not bailable, or sufficient bail shall not be offered, they shall order the sheriff of Floyd county to convey said prisoner under a safe guard, to the jail in and for the county of Clarke, together with the indictment, papers attending the prosecution, and all orders of court. And whether said prisoner shall be recognized to appear at the Clarke circuit court, or sent to the jail of Clarke county, as by this act allowed, the circuit court of Floyd shall recognize the witnesses in behalf of the commonwealth to appear on the first day of the next term of the Clarke circuit court, and not depart thence without leave of the court; and attested copies of said recognizances shall be transmitted with the other papers belonging to the prosecution, to the clerk of the Clark circuit court, and be as binding, and subject to the like proceedings as other legal recognizances now are.

And recognized witnesses.

"Duty of the clerk

of

court.

SEC. 2. Be it further enacted, That as soon as the Circuit practicable, after the order of election made as aforesaid, the clerk of Floyd circuit court shall make out certified copies of the orders of his court, made in said prosecution, and shall deliver them, together with the indictment, and other papers filed therein to the sheriff of his county, and take his receipt therefor; and thereupon the said sheriff shall, with all convenient and practicable dispatch, take the body of said Sullivan, if he shall not be bailed; and shall deliver the indictment and other papers to the

Duty of the shekiff

B

of Clarke circuit

court.

Circuit court of risdiction to try

clerk of the Clarke circuit court, and take his receipt therefor; and if he shall take the body of said Sullivan from the jail of Floyd county, he shall deliver him to the jailor of Clarke county, at the jail, and shall take his receipt therefor, which receipt shall be filed with the clerk of the Clarke circuit court and the clerk of the Clarke circuit court shall be, and he is hereby authorized to issue a ve- Duty of the clerk nire facias, subpoenas, and any process necessary in said prosecution, in the same manner as in other prosecutions commenced in his own court; and the circuit court in, and for the county of Clarke, shall have the same jurisdiction, and possess the same power and authority to try said indictment as they Clarke given ju would have had, in ease said prosecution had been him. commenced, and said indictment found in the said Clarke circuit court; and the prosecution shall proceed in the same manner, and the same challenge of jurors may be made. Provided however, that if by any casualty, the Floyd circuit court shall fail to sit at their first term, after this act takes effect, said Sullivan may take the election of trial in Clarke county, at their second term: whereupon, the same proceedings shall be had as is directed by this act in case of his election at the first term: And, provided also, that the said Wilson Sullivan shall not be discharged at either the first, second or third terms of the Clarke circuit court, after the venue is changed, if through any casualty a trial shall not sooner be had..

Proviso.

Provizo

sheriff of Floyd

SEC. 4. Be it further enacted, That the sheriff of Floyd county, and his necessary guards, shall Compensation to be entitled to the same sum per day, and the same and the guard. milage for transmitting and conveying the body of said Sullivan, to the county of Clarke, as sheriffs are now allowed by law in case of transmission of prisoners from one county to another, under charges committed in a county different from that in which an arrest is made; which shall be certified by the Floyd circuit court, and payable out of the treasury in the same manner: And if either the sheriff or the clerk of the county and circuit of Floyd, Penalty on slie shall fail or refuse to perform all, or any part of riff or clerk for the duties by this act directed, each of them shall duty

How paid.

failing to do their

be subject to a fine of one hundred dollars, recoverable by motion after reasonable notice, or a rule of court to that effect, with proper time given, in the Floyd circuit court, in favour of the commonwealth; Het recovered which fine or fines shall be appropriated to the county levy.

and applied.

Preamble:

and collect a tax.

CHAP. CCCXXXIX.

AN ACT concerning the town of Jefferson, in Jefferson county.

APPROVED, February 6, 1816.

WHEREAS it is represented to this General Assembly, by the trustees of Jefferson town, in Jefferson county, that the title to the land on which the said town was laid off and established, is found defective; and the heirs of Peter Shepherd, in whose name the land on which said town is laid off, entered, surveyed and patented, had the legal title and best claim; and in order to avoid a long and expensive law suit with the heirs aforesaid, which would have ended to the ruin of many of the holders of in-lots in said town, the trustees thought, proper to compromise with the heirs of Peter Shepherd, by their attorney in fact, Robert Wickliffe: to effect which compromise, the trustees have paid the sum of seventy-eight dollars for the land on which the said town is laid off; by which proceedings the said trustees have saved many of the proprietors from inevitable ruin:

SEC. 1. Be it enacted by the General Assembly Trustees to assess the Commonwealth of Kentucky, That from and after the passage of this act, the trustees of Jefferson town, or a majority of them, and their successors in office for the time being, shall be, and are hereby invested with full power and authority to assess, levy and collect on the property, real and personal within said town, the aforesaid sum of seventy-eight dollars, exclusive of the sum of fif ty dollars, to be levied and collected annually, by an act concerning the town of Jefferson, in the county of Jefferson, approved February the first,