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the acts and things necessary for carrying on and completing said turnpike road, and for laying out the same, and shall be subject to all the duties, qualifications, restrictions, penalties, fines and forfeitures, and to be entitled to the like tolls and profits, in proportion to the distance, as are given and granted to the commissioners, and to the president and managers of the Fayette and Madison turnpike road company by this act incorporated; and so much of the said recited act, as far as the same shall apply, with the sake powers and authorities, shall be granted by this act, as if the recited act were hereby re-enacted.

year.

CHAP. CCLXXXV.

An ACT to continue in force an act to suspend
Law Process in certain cases."

APPROVED February 3, 1818.

BE it enacted by the General Assembly of the Continued 1 Commonwealth of Kentucky, That the act entitled "an act further to suspend law process in certain cases," approved February 9th, 1816, shall be, and the same is hereby revived and continued in force until the 5th day of February 1819: Provided however, that it shall not be lawful to make an endorsement on executions, or other process requiring the collection of money, for any other description of bank notes except notes on the Bank of Kentucky or its branches, or notes on the Bank of the United States or its branches.

Proviso.

CHAP. CCLXXXVI.

An ACT to amend an act to amend and reduce into one the several acts respecting the Militia.

APPROVED February 3, 1818.

Persons ex- § 1. BE it enacted by the General Assembly of empted from the Commonwealth of Kentucky, That so much of brigade drill nusters. the sixth section of an act to amend and reduce

into one the several acts respecting the militia," as authorises the brigadier general to call brigade drill musters, be, and the same is hereby repealed, so far as requires the attendance of noncommissioned officers and musicians, except the drum and file majors.

§2. Be it further enacted, That there shall be Regimental one regimental drill muster in the month of April drill musters. or May in each year before the battalion musters, and not to continue longer than three days at each training; and none but commissioned officers, sergeants and musicians are bound to attend.

§3. Be it further enacted, That the command- Person to car ing officer of each regiment, brigade and divis- ry orders. ion, shall have power to appoint a proper person

to carry orders, who shall be exempt from at

tending musters, except for the purpose of a draft.

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4. Be it further enacted, That the forty-sixth court of apsection of the above law be so amended, that the peals may adcourt of appeals shall have power to adjourn from journ. day to day, if necessary, for the trial of all appeals; and where a majority of said court fails to attend, it shall be the duty of the said field officers and judge advocate to attend at the same place. on the second Monday in June next succeeding, under the same rules and regulations as they now are by the act to which this is an amendment, for the purpose of trying all appeals to them return

ed.

§ 5. Be it further enacted, That the forty-ninth Field officers section be amended by adding, that hereafter a mayform new majority of the field officers of each regiment company. shall have power, when they may deem it necessary, from the remote situation of any part of the regiment, so as to make it inconvenient for the men to attend company musters, to form a new company, so that said company contain not less than thirty-two men rank and file: Provided, in consequence of such formation, they do not reduce any adjoining, or other company, below the number of thirty-two men rank and file, any law to the contrary notwithstanding.

Proviso.

§ 6. Be it further enacted, That so much of the Fine on prieighty-eighth section of the above act as author- vate not own

abolished.

ing musket, ises the court of assessment to fine any private for appearing on parade at any muster without arms; it appearing to the court that said private did not own or possess a gun at the time of the said muster; and so much of the above act as requires any private to make oath that he is unable to purchase arms without injuring his family, be, and the same is hereby repealed.

Oath abolished.

lists.

7. Be it further enacted, That in all cases Delinquent where any sheriff or deputy sheriff may have failed to return his delinquent list, according to the provisions of the present law, it shall and may be lawful for such sheriff or under sheriff, when he shall be called on to settle with the paymaster, to make oath to his delinquent list before a justice of the peace, who shall certify the same to the paymaster, who shall suspend the collection of the same until after the next succeeding annual court of assessment shall have approved or disapproved of said delinquents, to which court the sheriff shall return the same.

§ 8. Be it further enacted, That the persons atEncamping tending the regimental drill musters shall not onthe ground hereafter be compelled to encamp on the ground, unless the commandant of the regiment shall so

abolished.

September drill muster

abolished.

direct it.

$9. Be it further enacted, That hereafter there shall be no regimental drill muster in the month of September.

CHAP. CCLXXXVII.

An ACT to to amend an act to compel Circuit Judges of this Commonwealth to move into and reside within their respective Circuits.

APPROVED February 3, 1818.

BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the act entitled "an act to compel the circuit judges of this commonwealth to move into and reside in their respective circuits," be, and the same is hereby suspended until the first day of February 1819.

CHAP. CCLXXXVIII.

An ACT further to regulate the Town of Harrodsburg.

APPROVED February 3, 1818.

WHEREAS it is represented to the present Recital. general assembly that the trustees of the town of Harrodsburg, prior to the year 1789, made sale of some of the lots in said town on a credit of one year, and took no writing from the purchasers for the payment of the purchase money, nor did they execute any obligation for conveyances, and the only written evidence of such sales is an entry made in a book kept by them, of the numbers of the lots, the amount of purchase money, and the names of the purchasers; that the purchase money is yet unpaid, and that purchasers have not set up any claim to the lots since about the time of the sale, and the residence of such purchasers has been unknown to the trustees for more than twenty-five years past; that said lots lie unoccupied, and that there is no law to compel the payment of the town tax or purchase money on such lots: For remedy whereof,

to

chasers of lots

therwise the

§1. Be it enacted by the General Assembly of the Trustees Commonwealth of Kentucky. That it shall and may give noticeby be lawful for the trustees of said town, or their advertisesuccessors in office, to give notice by advertise- ment to purment, for eight weeks successively, in the news- to come forpaper of the public printer of this commonwealth, ward & pay and for four successively, including one court the money, oday, on the door of the court-house in Harrods- sale to be burg, of all lots sold by the former trustees of void. said town prior to the first day of January 1790, and which ought, by the terms of sale, to have been paid for prior to that day, and on which the purchase money is still unpaid, specifying particularly in such advertisement the time when such lots were sold, the number of the lots so sold, the name of the purchaser or purchasers, and the amount of purchase money; and notifying such purchaser and purchasers, and all persons claiming under them, to come forward and pay the. purchase money due on said lots, and receive con

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veyances therefor, otherwise the sale will be cons
sidered vacated, and the lot subject to be re-sold.

2. Be it further enacted, That if the purcha-
Purchasers ser or purchasers of such lots, or their legal rep-
given three
months after resentatives, shall not within three months after
notice to pay the expiration of such advertisement, come for-
the purchase ward and pay to the trustees the amount of the
money. purchase money due on such lots, it shall and may
be lawful for the trustees of said town, or their
On failure the successors in office, to sell said lots, and convey
lots to be sold the legal title thereof; and from and after such
and convey second sale, the original sale and purchase shall

ed.

be deemed vacated.

3. Be it further enacted, That it shall and Present trus- may be lawful for the present trustees of the town tees authoris- of Harrodsburg, or their successors in office, to ed to call on call on the clerk of any former board of trustees clerk of for- of said town for a settlement of his accounts, of a settlement. all money by him received as clerk of the trus

mer board for

1

tees of said town; and if such clerk shall fail or

refuse to make a settlement of his said accounts, and pay to the present trustees all monies in his On failure, to hands, and which ought to have been paid to the bring suit. present or any former board of trustees, it shall and may be lawful for the present board of trustees, or their successors in office, to commence in their names any action at common law or in chancery against such clerk, in any court having jurisdiction thereof, to compel such settlement and payment.

Duty of town assessor,

§4. Be it further enacted, That it shall hereafter be the duty of the assessor of the town tax in of said town in taking the list of the property listing pro- in said town subject to taxation, to take a disperty. tinct list of all lots owned by non-residents of said town, and of all lots the owner of which shall be unknown to him; and if the taxes which Authorised to may be imposed on such lots by the trustees of said town, shall not be paid to the collector of the town tax within the time allowed for the collection of the tax of said town, it shall and may be lawful for the collector of the town tax to expose to public sale, at the door of the court-house in Harrodsburg, such lots, or so much thereof as may be sufficient to pay the taxes due thercon,

sell lots for

tnx.

1

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