. cause, by a majority of all the trustees. The treasurer shall receive a compensation for his services, to be allowed by the trustees, not to exceed six per cent, on the amount of the money by him received. The treasurer shall, before he enters on the duties of his office, enter into bond with approved security, before said trustees, and deposited with the clerk; which bond shall be in the penalty of five hundred dollars, and payable to said trustees or their successors, and renewed annually, and conditioned that he will well and truly discharge the duties of his office. On a breach of the condition of which bond, the said trustees may from time to time commence suit and recover judgment thereon; and on issuing execution on any judgment so obtained, the clerk issuing said execution shall indorse that no security shall be taken. And said treasurer, if he fail to pay over any money in his hands, after being ordered by a board of said trustees so to do, shall be liable, on suit brought therefor on his said bond, to pay the same, together with fifteen per cent. damages on the amount thereof, together with interest thereon and the costs of the suit. §8. The said trustees shall appoint a town collector, who, before he enters on the duties of his office, shall take an oath and enter into bond, as is herein prescribed for the treasurer; and the collector shall continue in office for one year and until his successor shall be appointed; he shall receive a compensation for his services, to be allowed by a board of the trustees, not to exceed six per cent. on the amount, by him collected ; and in case of a failure to comply with the duties of his office, he shall be subject to the same penalty and proceedings as are herein prescribed in case of the treasurer. He shall regularly, at the times hereinafter prescribed, settle with and pay over to the treasurer, all sums by him collected, and the clerk shall keep a record of the proceedings of the board of trustees, and the treasurer a fair account of all money by him received or paid over by order of the board of trustees. Collector. 9. The trustees shall appoint a town assessor, Assessor who shall assess the value of all lots in said town and the improvements thercon, and merchandize in said town, and such other property in the bounds of the said town as the trustees may direct, on the first day of June annually, and also take a list of all the house-keepers, with the number of white males over sixteen years of age, resident in each family; which assessment and list shall be returned by the assessor to the clerk of the board, on or before the first day of August annually, and kept by the clerk for the inspection of those listed thereon; and any person who thinks himself aggrieved by the assessment, may make complaint to the board of trustees, who shall make any necessary alteration in the said assessment or list. The said trustees shall allow said assessor such sum for his services as they may think proper. 10. The said trustees shall annually, in one Trustees to month after the return of the assessor's list and lay tax. assessment, or as soon thereafter as convenient, lay a tax on the property returned in said list of assessment, not exceeding twenty-five cents on each hundred dollars valuation, and also on each house-keeper, not exceeding fifty cents. § 11. It shall be the duty of the collector, as soon as the list of taxes is put into his hands for Further duty of collector. collection, to proceed to collect from the persons charged on his list the amount so charged against them; and on their failing or refusing to pay the same, may proceed to collect the same by distress and sale of the personal estate of such person, or so much thereof as will be sufficient to pay the tax and expence of distress and sale, first giving ten days notice of the sale by advertising at the court-house door. The collector shall, on or before the first day of November annually, pay over to the treasurer the amount due from him, first deducting delinquents and insolvents, and also his commission for collection. 12. The said trustees shall have power to pass. Tax on shows by-laws imposing a tax on any person or persons who, for a compensation, shall exhibit any feat or show within the town; which tax shall not exceed ten dollars per day for each feat or show, collectable by the president, or any one of the trustees, by warrant in the name of the trustees of said town, together with costs of suit. They shall have power to pass by-laws declaring what shall be a Nuisances. nuisance in said town or obstruction, and to compel the removal of the same by the person who occasioned the same, or at his expence. § 13. Be it further enacted, That the said trus- Trustees may tees, a majority of them being present at a meet- make by-laws ing of their board, shall have power and authority to make by-laws and ordinances for the gove ernment and police of said town, and prescribe penalties for breaches thereof, not exceeding ten dollars, for any one violation of their said bylaws: Provided also, that the said by-laws shall not be inconsistent with the constitution or laws of this state. Proviso. 14. Be it further enacted, That all taxes, Application fines or assessments that may be collected and re- of monies. ceived by the trustees of said town under the provisions of this act, shall be by them applied to the improvement of the streets and alleys, and to such other purposes as they may deem necessary for the general benefit and safety of said town. Trustees may § 15. Be it further enacted, That the board of trustees, a majority acting, shall have power to convey lots.. convey by deed to the purchaser entitled thereto or his assigns, all and every lot or part of lots holden by them within the bounds of said town, upon the said purchaser or his assigns producing to them a fair and equitable title, according to the laws of this commonwealth, for the same: Pro- Proviso. vided also, that before any deed shall be made, the person requiring the same shall show that the purchase money has been paid.. Administer § 16. Be it further enacted, That after the said board of trustees is formed, the clerk, or any oaths member of the board, may administer any oath prescribed by this act; and the trustees shall take an oath before a justice of the peace, duly to perform the duties of their office. mer law as re CHAP.CCLXIX. An ACT for the benefit of James S. Magowan. APPROVED February 3, 1818. BE it enacted by the General Assembly of the Part of a for- Commonwealth of Kentucky. That so much of an lates to said act entitled "an act to provide for the recovery individual re- of monies fraudulently drawn from the treasu pcaled. ry," approved the 11th of February 1809, as authorises suit to be commenced against James S. Magowan, to recover money alledged to have been drawn by him fraudulently from the public treasury; and so much of said act as imposes a lien on the property of said James S. Magowan, and as forbids a transfer or conveyance of the same, shall be, and the same is hereby repealed. Recital. CHAP. CCLXX. An ACT for the benefit of Charlotte Greer and the heirs of Moses Greer, deceased. APPROVED February 3, 1818. WHEREAS it is represented to the present general assembly that Moses Greer, of Livingston county, died intestate, possessed of no property except 55 acres of land in said county, and that said land is not paid for, and there are many other debts against his estate: For remedy whereof, Be it enacted by the General Assembly of the Commission- Commonwealth of Kentucky, That Robert Hodgers appointed es, John Puckett and Patrick H. Rice be, and to sell a tract they are hereby appointed commissioners, who, of land. after having advertised the same at the courthouse door in said county three weeks previously, may proceed to sell said 55 acres of land to the highest bidder, on a credit of six months, taking bond with approved security for the payment of the purchase money; and on the collection Money how of the same, the commissioners shall pay over to to be applied. Thomas Champion the sum which the deceased undertook to pay him for the land, if the land shall sell for so much, if not, then so much as it shall Commission sell for; and if it shall sell for more, then the Surplus how commissioners to pay the overplus to the dis- to be applied. charge of the debts of said deceased of the highest dignity, so far as it will extend. And the commissioners before they proceed to execute the duties of this act, shall take an oath before some oath. justice of the peace for Livingston county, faithfully and impartially to discharge the duties imposed on thein by this act. ers to take an CHAP. CCLXXI. An ACT, authorising the County Court of Harrison to lay an additional levy. APPROVED February 3, 1818. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the county court of Harrison county. at their next, and any succeeding court of claims, to lay an additional levy, which shall be sufficient to pay for paving so much of the streets and cross streets adjoining the public square in the town of Cynthiana, as in their opinion they may from time to time deem proper, and public convenience may require. CHAP. CCLXXII. An ACT for the relief of James Swiggett, of Casey APPROVED February 3, 1818. WHEREAS it is represented to the present Recital. general assembly, that in the year 1796, James Swiggett. of Casey county, purchased 3000 acres of land of general William Henry, of Scott county, which was located by said Henry as assignee of David Anderson, by virtue of a Virginia landoffice treasury warrant, No. 18953, on the waters of Green river, then in Lincoln county, (now in Casey county); that on the 25th day of June |