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in certain ca- tenance of his debtor in execution, while such debtor avails himself of the benefit of the prison bounds, unless the jailer shall actually furnish the debtor with his boarding and lodging.

CHAP. CCXLIV.

An ACT to enlarge the powers of the Trustees of

Paris.

APPROVED January 31, 1818.

1. BE it enacted by the General Assembly of Powers in re- the Commonwealth of Kentucky, That the trustees lation to pav- of the town of Paris, in the county of Bourbon, are ing & repair- hereby authorised by proper orders, ordinances ingthe streets and by-laws, to cause any pavement of their streets half way across the same, adjoining the lot or lots held or occupied by any person or persons, to be renewed or paved from time to time, as to a majority of said board may seem proper, including what is usually termed the side-walks of said streets; and if any person or persons holding or possessing in said town, shall fail to renew or repair a pavement, either of a sidewalk or in the street to the centre, he, she or they shall be ordered so to do by the board within a reasonable time, to be fixed by said order. After receiving notice thereof, he, she or they shall pay two dollars for every twenty-four hours said renewing or repairing may be neglected, to be collected by the town collector, as other taxes or dues are collected in said town.

2. Be it further enacted, That the trustees of And in rela- said town shall have full power to direct any tion to repair street or part of streets in said town, binding on ing thestreets the lot or lots of any individual, to the centre there

of, to be dug or cut down, or to be filled up and raised, as said board shall direct, and as may be necessary to give the street a proper graduation for the passage of water, to prepare the same for paving, and also to direct the paving thereof, as a charge on the holder or possessor of the adjoining lots to the centre of the streets so adjoining; and in case any holder or possessor shall

fail or refuse either to dig or cut down, or to fill up, or pave when so directed by order of the board, the said board may proceed to employ the doing of the same, according to the provisions of an act entitled "an act increasing the powers of the trustees of certain towns in this commonwealth," approved the 28th day of January 1814, and to assess the same upon the holder or possessor of the adjoining estate, and recover it according to the provisions of said recited act; and said trustees may, at their discretion, direct by their order, that the person or persons so failing or refusing shall pay a fine for the use of said town of two dollars for every twenty-four hours that the person or persons shall fail to dig or cut down, or to fill up, or pave such street after notice given, and a reasonable time, to be fixed by said board, has elapsed; which fine shall be collected and accounted for by the town collector, as in other

cases.

§ 3. Be it further enacted, That if any tenant at will or at sufferance, or for weeks, months or years, shall. pursuant to the order of said board, dig or cut down, fill up or pave any street or streets adjoining or binding on the lot or lots so held by him as tenant, he or she shall be entitled to a discount for the value thereof against the sum due for the rent of such estate, and may set off the same as other demands, before any tribunal having competent jurisdiction.

tain convey

ances. *

4. Be it further enacted, That the trustees of The trustees said town shall be, and they are hereby authoris- may make & ed to convey by deed in fee simple, that part of receive cerCross street, usually called Spence street and Georgetown road, which lies westward of High street, to the devisees of Thomas Jones, dec'd. and to receive from said devisees in lieu thereof, an extension of Chesnut street westward of High street to the town line, and to hold the same subject to the same laws and regulations as the other streets of said town.

§ 5. Be it further enacted, That the taxes to be The ad valolevied and collected by said board of trustees for rem principle the town of Paris, shall in future be on all pro- as to laying perty and estate real and personal within the lim- taxes adopted

1

collect taxes,

&c.

its or bounds of said town, on the ad valorem principle, according to the provisions of "an act to amend the several laws establishing a permanent revenue," approved January 31st, 1814. And said board of trustees are hereby authorised to enact such by-laws, rules and regulations for assessing and collecting said town tax as may be necessary and proper, and not incompatible with the before recited act.

§ 6. Be it further enacted, That the collector To appoint a of the town tax in said town, appointed by the collector to trustees thereof, shall have the same power to collect by distress the town tax and the fines inflicted by this act, which a sheriff possesses with regard to the revenue due to the state or the county levy, and shall account for the same pursuant to his undertaking.

CHAP. CCXLV.

An ACT for the benefit of David James.
APPROVED January 31, 1818.

WHEREAS it appears that David James, of the county of Caldwell, together with others, became security for John Beardin, former sheriff of Livingston county; that said Beardin failed to pay a part of the revenue of said county for the year 1806 or 1807, amounting to the sum of $279 40, or thereabout, and has become insolvent; and the co-securities of said James have all removed from this state, and said James is at this time unable, owing to unavoidable calamity,. to pay said revenue: Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said James be, and he is hereby allowed one year from the passage of this act to pay into the treasury of this state one half of what revenue he may be bound for as security for said Beardin as aforesaid, and two years from the passage of this act to pay the other half of said revenue, any law or usage to the contrary notwithstanding: Provided however. said James shall not be entitled to the benefit of

this act until he shall, in the county court of Caldwell 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 said debt, payable as above stated; but if the said James shall fail or refuse to enter into bond as above stated, then, in that case, he is not to enjoy any of the privileges of this act.

CHAP. CCXLVI.

An ACT for the benefit of Samuel Gadberry, of Casey county, and William Holland, of Green county.

APPROVED January 31, 1818.

WHEREAS it is represented to the present general assembly of the commonwealth of Kentucky, that Samuel Gadberry, of the county of Casey, is settled on a small tract of poor, waste and unappropriated land, and that said Gadberry has a wife and several small children, and is in a very weak and debilitated state, from a rheumatic affliction for a series of years, and that he is at present and has for many years been unable to walk: Therefore,

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a land warrant, without fee, shall be issued to said Gadberry for 100 acres of land, which the surveyor of Casey county shall on application of said Gadberry receive and survey the same so as to include the improvement whereon the said Gadberry resides; and the register of the land-office shall receive the plat and certificate of survey without fee, and a patent shall issue for the same as in other cases: Provided, the same shall not interfere with any prior claim or claims; and provided also, that said Gadberry shall not have power to dispose of said land, but it shall descend after his death to his children, and be kept for their support, education and maintenance.

§2. Be it further enacted, That William Holland, of Green county, be, and he is hereby authorised to cause 100 acres of land to be surveyed, including the place whereon he now lives, and return said plat and certificate to the register of the land-office, who shall issue a grant to said Holland, without the state price thereon being paid: Provided, however, that said grant shall not affect any other claim which may be to said land.

Repealing

clause.

CHAP. CCXLVII.

An ACT to regulate the mill-dams on South and
Main Lickings.

an

APPROVED January 31, 1818. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That an act passed the 17th day of December 1806, entitled act concerning the mill-dams on the South and Stoner's fork of Licking," be, and the same is hereby repealed so far as it relates to the South fork from its junction with Main Licking to the mouth of Stoner's creek.

§ 2. Be it further enacted, That so soon as it Powers of cer shall appear to the county courts of Pendleton, tain County Harrison and Bourbon that the commissioners courts in relation to said appointed under the act entitled "an act for the

streams.

improvement of internal navigation," shall have caused the natural obstructions to be removed from said South fork of Licking within their respective counties, the said courts, and each of them; upon the report being made to them by said commissioners that the navigation of said stream is no longer endangered by natural obstructions; shall immediately order the owners of the several mill-dams on said streams within their respective counties, to erect slopes in their dams, agreeable to the provisions of an act entitled

an act to amend the several acts concerning the navigation of the South and Stoner's forks of Licking," approved December 16th, 1802, and allowing them six months thereafter to complete the same.

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