cessary to concur therein, paying a just regard to the most central, convenient and eligible spot in the county for that purpose. And the county court of Whitley shall, as soon as may be, cause the necessary public buildings to be erected, and in every other respect lay off and do that which may be necessary or required by law in the general establishment of towns. The courts in said county shall be holden at said Samuel Cox's until the place for the seat of justice shall be fixed on. 8. The county of Whitley shall be an elecNew county tion precinct of Knox county; and the votes tato be an elec-ken therein shall be compared at Barbourville on tion precinct. the sixth day from the commencement of the elec tion, by the sheriffs of Knox and Whitley counties; and in case of electing a senator, then by the sheriffs of Knox, Clay and Whitley, and certify as the law directs; and the county court of Whitley shall appoint a clerk and judges of the election, as is required by law regulating clections throughout the state. Recital. Nine months CHAP. CLXXXIV. An ACT for the benefit of the securities of Thomas APPROVED January 17, 1818. WHEREAS it is represented to this present general assembly, that Thomas Evans, late sheriff of Floyd county, died insolvent, without having paid into the public treasury the amount of the revenue due from said Evans, sheriff as aforesaid; and the Auditor has proceeded and obtained judgment against said Evans and his securities, the whole of whom are in a state of insolvency except one; and if an execution is prosecuted against them, they will inevitably be ruined: For remedy whereof, 1. BE it enacted by the General Assembly of given securi- the Commonwealth of Kentucky, That the further ties of Evans time of nine months be given to the said securito pay up pub lic revenue. ties of Thomas Evans, deceased, sheriff as afore and costs. Proviso. said, to pay into the public treasury the amount of the public dues due by the said Thomas Evans, sheriff as aforesaid; and upon the said securities paying into the public treasury the amount of the taxes and public dues due by the sa'd Evans, sheriff as aforesaid, within the time before pre- Auditor to re scribed, then, and in that case, the Auditor of mit all damaPublic Accounts is hereby authorised to remit to ges, interest them all damages, interest and costs which may have or shall accrue: Provided however, that the securities of said Evans shall not be entitled to the benefit of this act until they, or son.c one of them, shall, in the county court of Floyd county, execute bond with one or more securities, to be approved of by said court, payable to the commonwealth of Kentucky, with a penalty double the amount of the judgment aforesaid exclusive of interest, damages and costs, conditioned for the payment of the judgment aforesaid exclusive of interest, damages and costs, payable at the end of nine months from the passage of this act; and upon payment of the amount of said judgment, exclusive of interest, costs and damages. by said securities, or any one of them, into the public treasury, said securities shall be absolved from said judgment and the bond hereby required to be given. §2. Be it further enacted, That if said securitics, or any one of them, shall execute the bond with security as aforesaid, and shall fail to comply with the condition thereof, that upon such failure, it shall be lawful for the Auditor of Public Accounts to proceed to the collection of the money due on said bond, agreeable to the laws and regulations prescribed relative to the collection of public dues on sheriffs' bonds. §3. Be it further enacted. That should the bond be executed as required by this act, it shall be the duty of the clerk of the Floyd county court to transmit a certified copy of such bond to the Auditor of Public Accounts within ninety days after the same may be executed; and such copy shall have the same force and effect in all proceedings which may be had thereon as the original bond could have, or be entitled to. Recital. Peter Wood. CHAP. CLXXXV. An ACT for the benefit of Peter Wood and Nancy APPROVED January 17, 1818. WHEREAS it is represented to the present general assembly of the commonwealth, that Peter Wood is aged, infirm and poor, so that he is unable to labor for a subsistence of himself and family, and on that account has asked the charity of this assembly; and whereas it is represented that the said Wood is entitled to two hundred acres of head-right land, on which one installment has been paid, and which was granted by the commissioners in one thousand seven hundred and ninety-eight, to Jacob Taber, by certificate, number one thousand nine hundred and twenty-nine, and which was surveyed and registered in the name of William Smith, assignee of said Taber, fifty-seven acres of which are lost in consequence of an interference with a military survey: Therefore, 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the land-office issue a grant to the said Wood for said two hundred acres of land: Provided, that the grant which may so issue shall give to the said Wood no title to any part of the military claim with which it interferes: And provided also, That nothing in this act contained shall prejudice the rights of any person or persons who may hereafter set up claim to said two hundred acres of land, or any part thereof. § 2. Be it further enacted, That the Register Nancy Crews. of the land-office be, and he is hereby authorised and required to receive and register without fee, a plat and certificate from Barren county, in the name of John Reece, for 100 acres, granted by the county court of Barren, certificate, No. 874, and assigned by said Reece to Nancy Crews, and the state price is hereby remitted on the said land, and the Register is hereby authorised and required to issue a patent for said land to said Nancy Crews: Provided, That the grant which may so issue shall not prejudice the right of any person or persons: And provided, That said Nancy Crews shall not have power to sell or dispose of said land, but it shall be exclusively kept for the support, education and maintenance of the children of said Nancy Crews, and after her death shall descend and pass to her heirs at law. CHAP. CLXXXVI. An ACT to amend the act for the better regulation of the town of South Frankfort. APPROVED January 17, 1818. The terms on lots deemed. §1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That in addition to which the provisions contained in the 10th section of sold for taxes "an act for the better regulation of the town of may be re South Frankfort," passed 28th January 1817, the owners of real estate sold for the tax in said town, who may be disposed to redeem the same, shall be compelled to pay all costs that may have accrued subsequent to the time said tax became due; and that infants, feme coverts and persons insane shall in like circumstances be subject to similar conditions. ances of §2. That in addition to the powers vested in Regulations the trustees of said town by the 13th section of as to the sale the said recited act, they shall have power, with and convey the consent in writing of the person or persons streets thereowning the ground on both sides of any street or in. alley, to sell and convey to the person or persons aforesaid, a full and complete title in fee simple to that part of said street or alley bounded by the ground owned as aforesaid: Provided, said writing shall, on proof of two subscribing witnesses, or the acknowledgment of the party, be recorded in the proceedings of the said trustees. CHAP. CLXXXVII. An ACT for the relief of a part of the Militia of the 72nd regiment of this commonwealth. APPROVED January 17, 1818. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the further collection of all fines assessed by the seventy-second regiment of Kentucky militia, at their court of assessment, held in the month of November, in the year eighteen hundred and sixteen, be, and the same is hereby suspended. § 2. Be it further enacted, That all delinquents for the year eighteen hundred and sixteen, in said regiment, against whom fines have been assessed at the aforesaid court, shall have the further time until the first Monday in May next to take their appeals; and the court of appeals for said regiment shall hear and determine the same in the same manner as if said appeals had been regularly taken at the proper time; and if said court shall be of opinion that the fines were unjustly assessed, and the fines are collected of the delinquents before the meeting of said court of appeals, the court in that case, shall have power to order the collector or pay-master to refund to each individual the amount of which they were so unjustly fined. CHAP. CLXXXVIII. An ACT to authorise the county court of Lewis to lay an additional levy. APPROVED January 17, 1818. WHEREAS it has been represented to the. Preamble. general assembly of the commonwealth of Kentucky, that the jail in the county of Lewis was consumed by fire since the sitting of the last levy court in said county, and in consequence thereof the citizens of said county are subject to considerable inconvenience: For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county |