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CHAP. 49.-AN ACT to regulate the guaging of Spirituous Liquors in this Com

monwealth.

1837.

Guagers of,

doing.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all persons having authority by law, to prohibited from guage or inspect spirituous liquors in this Commonwealth, shall trading in, and be, and they are hereby prohibited in any way, directly or indi- penalty for so rectly, from dealing or trafficking in whiskey or other spirituous liquors, which their official duties require them to guage or inspect; and every guager or inspector of spirituous liquors in this Commonwealth, who shall or may offend against the provisions of this act, shall forfeit and pay the sum of one hundred dollars for every such offence, recoverable by action of debt in any court of law within this Commonwealth.

SEC. 2. Be it further enacted, That any guager or inspector of whiskey, or other spirituous liquors, violating this act, shall forfeit his office, upon conviction thereof, before the Mayor and Council of any city of this Commonwealth, if such guager or inspector has received his office from that authority, or before any county court in this Commonwealth, which may have conferred this office upon any person; said guager or inspector, being first served with a summon, at least ten days preceding the return thereof, to shew cause why he shall not be removed from office.

Approved, January 5, 1837,

Guager of fending to be removed from office, and how,

CHAP. 50.-AN ACT to establish an Election Precinct in the county of Lewis, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all that part of Lewis county, including the voters residing on the waters of Laurel and Grassy creek, shall be an election precinct, in which elections shall be held at the house of Stags, senior, under the same rules and regulations that elections are held in other precincts of said county.

SEC. 2. Be it enacted, That hereafter the place of holding elections in the Kinnaconick precinct, shall be at the house of William Heath, in said precinct.

Approved, January 5, 1837.

CHAP, 51.--AN ACT to repeal ar act, entitled, an act for the distribution of -
Morehead and Brown's Digest, and H. Pirtle's Digest.

Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That an act entitled, an act for the distribution of
Morehead and Brown's Digest, and H. Pirtle's Digest, appro-
yed March 1, 1836, be, and the same is hereby repealed.
Approved, January 5, 1837.

1837.

CHAP. 52.--AN ACT for the benefit of Virginia Kirtley.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the matrimonial bands existing between Virginia Kirtley, and her husband, Washington Kirtley, is forever dissolved; and that said Virginia be, and she is hereby restored to all the rights and privileges of a feme sole.

Approved, January 5, 1837.

CHAP. 53.--AN ACT for the benefit of Mary Kennedy.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the matrimonial bands existing between Mary Kennedy and Thomas Kennedy, is forever dissolved; and that said Mary be, and she is hereby restored to all the rights and privileges of a feme sole.

Approved, January 5, 1837.

CHAP. 54.-AN ACT to amend an act, entitled, an act to incorporate the Newport, Falmouth, Cynthiana, Paris and Winchester Turnpike Road Company, approved, February 17, 1836.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the fourth section of the act, aforesaid, shall be so amended, as that the Commissioners may call a meeting of the Stockholders, as in said act provided, whenever two hundred shares shall be subscribed, instead of four hundred shares as prescribed therein, without affecting or impairing, in any other respect, the provisions, or any of them, of the said

act.

Approved, January 5, 1837,

CHAP. 55--AN ACT to allow the county court of Wayne to lay their county levy at their next December or January term.

Be it enacted by the General Assembly of the Commonwealth of Kentucky. That it shall and may be lawful for the county court of Wayne county, at their next December or January terms, to receive and allow the claims against said county, and to assess and lay the county levy, and to make such other and further orders and regulations, concerning the county levy and revenue of said county, as they lawfully could have done at the court of claims, now fixed by law.

Approved, January 5, 1837.

CHAP. 56.--AN ACT for the benefit of John B. Lessure.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John B. Lessure shall be, and he is hereby released from all the pains and penalties of marrying a second time, notwithstanding his former wife, Jane Clari Josephine Eli Lessure, may be living at the time of such second marriage. Approved, January 5, 1837.

1837.

CHAP. 57.-AN ACT for the benefit of Charles Tiernan.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Charles Tiernan and Susan, his wife, is forever dissolved, so far as respects said Charles, who is hereby restored to all the rights and privileges of an unmarried man.

Approved, January 5, 1837.

CHAP. 58.-AN ACT for the benefit of the Sheriff of Marion county,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts, for any failure of the Sheriff of Marion county to pay five hundred dollars of the revenue of said county, for the present year, shall not be required to move against said Sheriff, until after the first day of next February, any law to the contrary notwithstanding, Approved, January 5, 1837.

CHAP. 59.--AN ACT for the benefit of the Jailer of Harrison county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Jailer of Harrison county shall be permitted, and it shall be lawful for him to reside any where within the limits of the town of Cynthiana, any law to the contrary notwithstanding.

Approved, January 5, 1837.,

CHAP. 60.-AN ACT to provide for the appointment of Judges and Clerks for

Election Precincts.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the several county courts, of those counties in which election precincts have heretofore or shall hereafter be established, at their court

Judges and clerks to be ap pointed

1837.

Sheriffs to attend.

Proviso.

Polls to be compared.

held next preceding the first Monday in August, in every year, to appoint two of their own body as Judges of the election then next ensuing, for each of the precincts which now are, or may hereafter be established in their respective counties, if there be Justices enough for that purpose; and if not, then one Justice, and such other person, as they may judge fit to fill that office, and, also, some person to act as Clerk, at each of said precincts; who shall, respectively, continue in office for one year, and perform the duties of Judges and Clerk, at the several elections which may be held during that time, in the same manner as Judges and Clerks are now required to do at the respective county seats.

SEC. 2. Be it further enacted, That the high Sheriff, or one of his deputies, shall attend at each of the precincts, or place of voting, in their respective counties, and perform the same duties which are required to be performed by law, at elections held at the county seat, and shall be subject to the like penalties for failing to perform the duties assigned; and it shall be the duty of the high Sheriff, if his ordinary deputies are not sufficient in number, to appoint as many deputies, specially for the purpose of attending the precinct elections, as he may deem necessary, who shall be incapable of performing any other duties, except attending elections and comparing polls: Provided, That said deputies shall take an oath faithfully to perform the duties assigned them, before they proceed to act.

SEC. 3. Be it further enacted, That the several Sheriffs, and their deputies, in those counties in which precincts have been, or shall hereafter be established, shall meet at the court house on the Friday next succeeding the election, and compare the polls of the county, and then and there make out certificates of election, and deliver the same, as now prescribed by law, to the person or persons whom they shall have ascertained to be elected.

SEC. 4. Be it further enacted, That if the county court of If judges & clerk be not ap- any county shall fail to appoint Judges, and a Clerk, as directed pointed by the by the first section of this act, it shall be the duty of the Shercourt, the sheriff, immediately preceding any election, to appoint proper perIff to appoint. sons to act in their stead.

Approved, January 5, 1837..

Preamble.

CHAP. 61.-AN ACT for the benefit of Nancy Emmet. WHEREAS, there was patented by the Commonwealth of Kentucky one hundred acres of land, in what is now called Russell county, to Nancy Emmet, according to the provisions of an act of Assembly of this State for the benefit of poor widows; And whereas, it is also represented to the General Assembly that said Nancy Emmet is very old and poor, and in need of something for her maintainance, and that said one hundred acres of land is of but little value: Wherefore,

Be it enacted by the General Assembly of the Commonwealth of 1837. Kentucky, That it shall be lawful for the said Nancy Emmet to sell and convey the said one hundred acres of land for the best price she can obtain, and apply the proceeds to her support and maintenance.

Approved, January 5, 1837.

May sell land.

CHAP. 62.-AN ACT for the benefit of Stephen Sullivant.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract existing between Stephen Sullivant and Rebecca, his wife, is hereby dissolved; and that said Stephen Sullivant be, and he is hereby restored to all the rights and privileges of an unmarried man. Approved, January 5, 1837.

CHAP. 63.-AN ACT for the benefit of Amanda F. Curry..

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the matrimonial bands heretofore existing between Amanda F. Curry and Robert W. Curry, is hereby forever dissolved; and that said Amanda F. is restored to all the rights and privileges of a feme sole.

Approved, January 5, 1837.

CHAP. 64.-AN ACT to incorporate the Union Literary Society of Augusta Col

lege.

Directors ap

pointed, constituted a body corporate, the name and style.

Corporate

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Thomas H. Whetstone, President, James L. Mathewson, Joseph A. Soule, John Miley and William J. Lancashire, Directors, and their associates, shall be, and are hereby constituted a body corporate and politic, to be known by the name of "The-President and Directors of the Union Literary Society of Augusta College;" and by that name shall have perpetual succession, and shall have power to make a common seal, and to alter and change the same at powers. pleasure; may contract and be contracted with, sue and be sued, plead and be impleaded, before any court of adjudicature in this Commonwealth, having jurisdiction of like sums; and shall have power to take and hold, for literary purposes, by gift, grant, or devise, any estate, whether real, or personal, or mixt, not exceeding in value the sum of twenty-five thousand dollars;

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