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ker's line and the true chartered limits, which claim shall be regularly derived, under the laws of either state, or the parent states, and shall not interfere with any other claimant, but shall be on land vacant as to other claims; the same shall be, and is hereby ratified, and if not completed by patent, provision shall be made by the state into whose jurisdiction it may fall, to complete the title by the emanation of the grant.

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SEVENTH. And whereas it is believed that many Seventh article. claris granted for actual settlement under the laws adopted by the state of Kentucky since its separation from Virginia, were granted contrary to the true intent and meaning of said laws, without any actual bona fide settlement; and that some of them are laid south of what is actually Walker's line; and it is also believed that many removed certificates under the laws of the Commonwealth of Kentucky, originally granted for actual settlement, have been removed and located for speculative purposes, south of Walker's line: Now it is hereby declared, that such claims, where they interfere with any claims derived under the laws of North Carolina and Tennessee, south of Walker's line, are not aided by the provisions of this act; and that the owners of such claims shall not be entitled to any compensation under this compact, provided they fall within the ceded territory; nor shall the state of Tennessee be bound to allow patents to emanate for such claims, unless they are entered on land entirely vacant.

EIGHTH. If any claimant between Walker's line and the true chartered limits, shall choose to relinquish his claim, according to the first article of this compact, he may produoc authenticated copics of his title papers to any court of general jurisdiction of matters of law and equity, in the state of Kentucky, which may hold its sessions nearest the lands so to be relinquished; and also to some court of the state of Tennessee, which may possess general jurisdiction of matters of law and equity, and which may hold its sessions nearest the Jands so to be relinquished and said courts shall each appoint some discreet person to act as commissioner to value said lands, so to be relinquished,

:

Eighth article

Governor

to

point a commis

ratification

of Tennessee.

tion,

of

if the claim shall come within this act and said two commissioners shall proceed to appoint and associate with them, one other commissioner; and the three being duly sworn before some judge or justice of the peace, well and truly to value the land so relinquished, according to the best of their skill and judgment, without partiality or favor to either party, and without regard to any improvements which may have been made thereon, shall proceed to value said lands, and certify the same under their hands and seals and on producing said valuation to the court appointing the commissioner, in the state where the land lies; and also producing a certified copy of the relinquishment of said land, according to the laws of that state where the land may then be; the court shall order the value thereof, so ascertained by commissioners, to be certified, and the same shall be paid out of the public treasury of the state, in which the land may be situated.

SEC. 2. Be it further enacted, That if the state of Tennessee shall pass a law at or before the next proceed to ap- stated session of their legislature, similar in all sioner upon the respects to this act, the governor of this state shall the foregoing ar- proceed to appoint a fit person as commissioner, to ticles by the state run and ascertain the position of the lines directed to be run by this act; who shall receive for his His compensa- services five dollars per day, during the time he shall be necessarily employed in running the lines aforesaid, and five dollars per day, for every twenty-five miles he may necessarily travel in going to and returning from the lines aforesaid. The surveyor or surveyors, if any are employed on the part of this state, shall each receive for his or their services, five dollars for each day, he or they may be actually employed in running the lines aforeCommissioner said: And said commissioner shall take an oath, well and truly to execute all the duties assigned him by this act, to the best of his skill and judgment, and to render a true account thereof; and his services certified by the governor, shall be paid out of the public treasury, by virtue of a warrant from the Auditor of Public Accounts. Each lato chain carriers, borer and chain carrier, employed on behalf of this state, shall receive as a compensation for his ser

And that of the surveyors.

to take an oath.

Compensation

laborers, &c.

How paid.

Contingent ex

pences raised to

Chain carrriers

vices, three dollars per day, to be paid by the commissioner, out of any funds which may be placed in his hands by the governor of this state, for that purpose: And the governor of this state shall have at his disposal, to be drawn from the treasury at his order, two thousand dollars, to be paid in contingent expences, for the purposes aforesaid. Each defray expences. chain carrier shall be sworn by the commissioners, or one them, well and truly to carry the chain, and to be sworn. render a true account of the distance. But if the state of Tennessee shall refuse to pass an act, similar in its provisions, this act shall cease to operate, and have no force and effect: nor shall any fact or concession therein be binding or obligatory of the state of upon the state of Kentucky, in any future discus- cede to the foresion of the said boundary line, whether that dis- going proposi cussion be legislative or judicial.

Declaration in.

case of a refusal

Tennessee.to ac

tions.

CHAP. CCCLXXXIV,

AN ACT to provide for building a Black-Smith's
Shop within the walls of the Penitentiary.

APPROVED, February 10, 1816.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Keeper of the Jail and Penitentiary, be, and he is hereby authorized and directed to build a BrickShop, in which to execute nail making and smith's work, to be fifty feet in length and sixteen feet wide in the clear, one brick thick, and one story high, shingle roofed; to be paid for out of the manufactured articles in the Penitentiary, at the common price of such work in Frankfort,

Preamble.

of the peace to

claims.

Penalty for fail

ue, and how recovered and applied.

CHAP. CCCLXXXV.

AN ACT to compel the attendance of Justices of
the Peace at the Court of Claims.

APPROVED, February 10, 1816.

WHEREAS it is represented to the present General Assembly, that great inconvenience and much injury results from the justices of the peace in this commonwealth not attending the court of claims, to levy the several county levies in this commonwealth: Wherefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the Dnty of justices duty of each and every justice of the peace in this attend court of commonwealth, to attend the court of claims, and continue to sit and adjourn from day to day, until the business of said term is finished in their several counties respectively; and upon failure thereof, it shall be the duty of the clerk of the said court, to note the absentce or absentees, and make return of them to the next court for said county; which court shall direct a summons to issue requiring the said absentee or absentees, to appear at the next court and shew cause, if any they can, why they did not attend said court of claims: and upon failure to shew good cause, the court shall order a fine not less than five, nor more than twenty dollars, to be entered against the said defaulter or defaulters; which fine shall be collected in the same manner aş other fines are now collected by law, and appro priated to lessening the county levy,

CHAP. CCCLXXXVI.

AN ACT to fix the amount of Revenue to be collect
ed in the year 1816.

APPROVED, February 10, 1816.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be

lected.

the duty of the sheriffs of this commonwealth, to Amount of re collect upon the valuation contained in the com- venue to be col. missioners' returns for the year one thousand eight hundred and fifteen, and every year thereafter, after the rate of six and a quarter cents for every hundred dollars contained in the valuation of each individual's land and other property subject to taxtion on the ad valorem priuciple; that the taxes to be collected upon the lands of non-residents, shall be charged and collected at the same rate: and the tise the rate pe sheriffs shall advertise at the door of the courthouses respectively, at the March and April courts, the rate per hundred dollars fixed by this act. SEC. 2. The indirect taxation shall remain the fore. same as heretofore,

Sheriff to adve

hundred dollars.

Indirect taxes to remain as hereto

sion.

SEC. 3. Be it further enacted, That the sheriff Sheriff's commis or collector of each county, shall be entitled to the commission of seven and one half per cent. for collecting the revenue directed by this act, in lieu of the commission allowed by law.

How applied,

SEC. 4. Be it further enacted, That on all shares Bank stock taxed of bank stock, in the bank of Kentucky, held by individuals, and all shares held in the Kentucky Insurance Company, or any bank hereafter established, there shall be levied and collected yearly. a revenue at the rate of thirty-seven and a half cents on each share of one hundred dollars, in lieu of the tax now imposed by law; and the president and directors, or cashier, on making their last dividend for each preceding year, shall return the said amount of taxes, and pay the same into the treasury of this commonwealth, and shall produce the treasurer's receipt and the auditor's quietus, on or before the first day of January, in every year; and on failure thereof, the president and directors of said institutions, or any number of them, in their wet pay. individual capacity, shall pay a fine to the commonwealth of five hundred dollars, to be recovered on motion in the general court, by a notice from the auditor of public accounts, given the president of said bank, or Insurance Company, or other bunk, 8 making default, as in case of sheriffs or other public debtors,

Penalty on fail,

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