until the election next succeeding his appointment, and, in SEC. 5. Be it further enacted, That the Trustees of said town 1837. May elect a president. Powers SEC. 6. Be it further enacted, That the President of the Board of Trustees, for the town of Adairsville, shall have concurrent the trustees. jurisdiction within the town bounds, for the fiscal, prudential, and municipal regulations, with the Justices of the Peace, for the county of Logan, in all cases; and he shall have power to issue process, in the name of the Commonwealth, for the use of said Trustees, of the said town of Adairsville, directed to any Constable, either within or without the bounds of said town, who shall regard and obey such process, as if issued by a Justice of the Peace; and shall return the same, when executed, to said President of the Board of Trustees, who is hereby authorized to try all cases, within said bounds, hear testimony on oath, and render judgment thereon; and shall have the same power to issue capias profine, or other executions, as Justices of the Peace are authorized, in similar cases, to do, but shall charge no fees there on; and all fines which may be collected, under the provisions of this act, shall be used by the Trustees, for the benefit of said town; and the Clerk shall keep a record of the amount of said fines, and the manner of their disbursement: Provided however, That, before the said President of the Board of Trustees shall exercise any of the powers granted by this act, he shall take an oath, before some acting Justice of the Peace, for said county, to perform all the duties of his office fairly and impartially, to the best of his judgment. Approved, February 14, 1837. of CHAP. 289.-AN ACT for the benefit of the Sheriff of Daviess County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the list of delinquents of revenue tax, of Daviess county, for the year one thousand eight hundred and thirty five, when properly certified by the Clerk of said county court, shall be allowed and audited by the Auditor of Public Accounts; and that the Auditor be directed to draw his warrant upon the treasury, in favor of R. C. Jett, Sheriff of said county of Daviess, for the amount of revenue due upon said delinquent list: Pro 1837. vided, That said list, duly certified, be returned to the Auditor, on or before the first day of July, one thousand eight hundred and thirty seven. Approved, February 14, 1837. CHAP. 290.-AN ACT authorizing County Courts to open roads to their respective Poor Houses. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the several county courts of this Commonwealth shall hereafter have the power and authority to open and establish roads to their respective poor houses, in the same manner, and under the same regulations, that they are now authorized to establish private passways. Approved, February 14, 1837. CHAP. 291.—AN ACT for the benefit of Sally B. Wall. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Sally B. Wall and her husband Parham Wall, is forever dissolved, so far as respects said Sally B., who is hereby restored to all the rights and privileges of an unmarried woman, and whose name shall hereafter be Sally B. Railey. Approved, February 14, 1837. CHAP. 292.-AN ACT for the benefit of Jacob Montfort. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Jacob Montfort and his wife Margaret Montfort, is forever dissolved, so far as relates to said Jacob, and that he be, and is hereby restored to all the rights and priviledges of an unmarried man. Approved, February 14, 1837. CHAP. 293. AN ACT to authorize the Clerks of the Garrard, Barren, and Simpson county courts to record certain deeds and other papers in their office. SEC. 1. Be it enacted by the General Assembly of the CommonClerk of Gar- wealth of Kentucky, That the Clerk of the Garrard county rard may re- court is hereby authorized to record, in his office, all such deeds and mortgages as now remain in his office, unrecorded, which cord deeds. were fully proven, or acknowledged, before his predecessors in office, where such proof or acknowledgment shall appear by an endorsement on the deeds, in the hand writing of his predecessors, or either of them; which deeds and mortgages, when so recorded, shall have the same effect, and be as valid in law or equity, as though they had been recorded in the time now prescribed by law. 1837. And other papers. ren. SEC. 2. Be it further enacted, That the Clerk of said court shall also be authorized to record all settlements with executors, administrators, and guardians, and all other vouchers, or papers that are required by law to be recorded, which remain lodged in his office, and unrecorded, where it shall appear that such settlements, or other papers, have been approved by the Garrard county court, and ordered to be recorded. SEC. 3. Be it further enacted, That the provisions of an act, Clerk of Barentitled an act to authorize the Clerk of Woodford county court to record all deeds, and other papers, which were not recorded in said office, at the death of the late Clerk, approved March first, one thousand eight hundred and thirty six, shall be extended to the Clerk of Barren county court, to the same extent as though the provisions of said act were re-enacted and made applicable to the duty of the present Clerk of Barren county. SEC. 4. Be it further enacted, That the provisions of the before mentioned act also apply to the Clerk of the county court of Simpson county. Approved, February 14, 1837. Simpson. CHAP. 294.--AN ACT to regulate the time of holding the Muhlenburg and Hopkins circuit courts, at their next summer and fall terms of 1837. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, in the months of May and August next, the Muhlenburg circuit court shall commence on the Monday preceeding the last Monday in each of said months; and the Hopkins circuit court shall commence on the last Monday in each of said months, and shall continue twelve juridical days, if the business of said court shall require it, and, after that time, both the said courts of Muhlenburg and Hopkins shall commence their sessions, and continue the number of juridical days as heretofore directed by law. Approved, February 14, 1837. CHAP. 295.-AN ACT authorizing the sale of Islands in the Mississippi, and of SEC. 1. Be it enacted by the General Assembly of the Common- Commissionwealth of Kentucky, That the Treasurers of the Board of Inter- ers appointed nal Improvement, residing in the counties of Hickman and M'- to sell. 1837. Cracken, are hereby appointed commissioners, with full power to grant, sell, and dispose of all the Islands in the Mississippi river which belong to this State, which are generally known as Islands Nos. 1, 2, 3, 5 (or Wolf Island,) and 8; and also Cash Island in the river Ohio: in disposing of said Islands, it shall be the duty of said commissioners, to permit each bona fide settler, with a family residing on said Islands at the passage of this act, to have the exclusive right to enter any number of acres not exceeding three hundred and twenty on the Island upon which he may live, including his improvement according to the provisions of an act, entitled, an act to protect the actu al and bona fide settlers on Islands in the Mississippi river, approved January 29, 1836. SEC. 2. Be it further enacted, That the exclusive right of enActual set- try hereby granted, to the actual bona fide settler, shall continflers protected. ue until the first day of October next, and shall then cease, after which time, the said settler shall be regarded as on the same footing with other purchasers; and the said commissioners shall grant no certificate of entry to any such settler until he shall first have paid to them the price of the land, which he wishes to enter, at the rate of twenty five cents per acre; and so soon as this is done, the said commissioners shall cause his said land to be laid off and surveyed to him by metes and bounds, giving preference to those who hold by priority of settlement, taking care to lay off the same in some convenient shape so as to include his improvement, and to injure as little as may be the remainder of said Islands. Balance to be sold & where. SEC. 3. Be it further enacted, That the remainder of said Islands, after granting to said actual settlers the pre-emption right hereby reserved to them, shall be sold by said commissioners, at public auction to the highest bidder, in the town of Columbus in Hickman county, in tracts not exceeding three hundred acres, to be previously surveyed and marked out by said commissioners; the said sale to be for cash in hand, and at such time as the said commissioners may agree upon, having first advertised for at least one month the time and place of said Sale to be ad- sale, in the Louisville Journal, the Louisville Advertiser, and such other newspapers as they may think proper, and having also given reasonable written notice of said sale, in the towns of Smithland, Paducah and Columbus, and such other public places as they may deem advisable: Provided however, That no portion of said Islands, shall be sold for less than twenty five cents per acre. vertised. Pay of commissioners, &c. SEC. 1. Be it further enacted, That said commissioners shall be allowed the sum of two dollars each, for every day that he or they shall be actually employed in carrying this act into ef fect, to be paid out of the proceeds of said sale; and are also authorized to employ a competent surveyor, to survey and mark out the said lands under their direction, who shall receive compensation for his services as they may agree upon, fees, now allowed by law, to county surveyors in similar cases, and to be paid out of the proceeds of said sale. 1837. Duty of com SEC. 5. Be it further enacted, That said commissioners shall grant to each purchaser at said sale, and to each actual settler, missioners, who shall avail himself of the provisions of this act, a certificate of his said purchase, acknowledging the payment of the purchase money, and containing some adequate description of the land thus sold, the amount sold, and the Island upon which it is situated, upon presentation of which certificate to the Register of the land office, the said Register is hereby authorized and required to issue a patent for said land, in the name of the person to whom the said certificate was granted, or his assignee, for which the said Register shall receive the same fee now allowed by law in similar cases to be paid by the patentee. Register to issue patents. Proceeds how SEC. 6. Be it further enacted, That the nett proceeds of said sale, after deducting the allowance to said commissioners, the appropriated. surveyor's fees, and other incidental expenses of said sale, shall be divided into four equal parts, one of which shall go to the county of Hickman, one to the county of Graves, one to the county of M'Cracken, and one to the county of Calloway, to be applied by said counties, and the respective Boards of Internal Improvement therein, in the same manner, and under the same rules and regulations, as the proceeds of other vacant and unappropriated lands west of the Tennessee river are directed to be applied by an act, entitled, an act for the Internal Improvement of the State of Kentucky, approved February 28, 1835. SEC. 7. Be it further enacted, That the said commissioners shall report to the Legislature, within the first ten days of the next session thereof, their whole proceedings herein, setting forth to whom they have sold said lands respectively, and the prices thereof, and the nett amount paid over to each of said counties respectively.. Shall report to legislature. Commission SEC. 8. Be it further enacted, That before entering upon his office, each of said commissioners shall go before a Justice to take oath. of the peace, and take an oath well and truly to the best of his judgment to perform the duties prescribed by this act; nor shall either of said commissioners, either directly or indirectly, bid for any part of said land at said sale; and any title thus acquired by either of said commissioners, is hereby declared to be void, and the land shall revert to the State. SEC. 9. Be it further enacted, That in all things touching their duties in the premises, should the aforesaid commissioners disagree, then and in that case, in order to make their acts legal and obligatory, the Treasurers of the Boards of Internal Improvement, residing in the counties of Graves and Calloway, shall be, and are hereby united in the commission, a majority of whom shall govern and decide according to the true intent of said act. |