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thirty-four, to open a poll for road commissioners agreeably to the provisions of said act.

[Approved January 30, 1833.]

1833.

CHAP., 182.-AN ACT to authorise the Clerks of the County Courts of Hopkins, Hancock and Union, and the Circuit Court of Harrison, to transcribe certain records in their respective offices.

Sec. 1. Be it enacted by the General Assembly of the Hopkins. Commonwealth of Kentucky, That it shall be lawful for the clerk of the county court of Hopkins county to transcribe the record of said court, that is, its minutes and proceedings, from the May term of said court. in eighteen hundred and seven until the July term eighteen hundred and ten, inclusive, in a well bound book to be procured at the expense of the county.

Sec. 2. Be it further enacted, That the clerk of the Hancock. Hancock county court be, and he is hereby, authorised to transcribe the minutes and orders of said court made on unbound sheets of paper, from the establishment of said county up to the time that Samuel C. Jennings was appointed clerk of said court; that the said orders and minutes be transcribed into the present order book of said county court.

Sec. 3. Be it further enacted, That it shall and may Union. be lawful for the clerk of the Union county court to transcribe, in a well bound book, the wills, inventories, appraisements and settlements of estates of persons, which have been recorded in said county from the year eighteen hundred and eleven to the year eighteen hundred and twenty-two, inclusive, and also the orders and proceedings of said court from the year eighteen hundred and eleven until the December term eighteen hundred and twenty, inclusive.

Sec. 4. Be it further enacted, That when said re- Transcripts to cords shall have been thus transcribed, it shall be the be compared. duty of said courts to appoint two fit persons to examine and compare said transcript with the originals: and should said records be found truly transcribed, they shall report the same to said court: and the said transcript shall have the same force and validity of the original records, and all copies taken therefrom shall be considered as valid and legal to all intents and purposes.

Sec. 5. Be it further enacted, That it shall be the Comm'rs pay. duty of said courts to allow the commissioners one

1

1833.

Clerk's pay.

Harrison.

Transcript to be examined.

Comm'rs pay.

Clerk's pay.

dollar per day each, for the time they may necessarily be engaged in the duty hereby assigned them, and also a reasonable compensation to their clerks for trapscribing said records: Provided, Said allowance shall not exceed one and a half cents for every twenty words, to be paid out of the county levy of said counties. Sec. 6. Be it further enacted, That the county court of Harrison county is authorised to inspect the records of the circuit court, and to direct the circuit court clerk to transcribe in a well bound book such of the records as are becoming much worn, and the books so broken to pieces as to endanger said records.

Sec. 7. Be it further enacted, That the records so transcribed shall be examined by said clerk and a commissioner to be appointed by the county court, who shall report to the circuit court that said records have been truly transcribed; and the said transcripts shall then have the same force and validity of the original, and all copies taken there from shall be considered as valid and legal to all intents and purposes.

Sec. 8. Be it further enacted, That the commissioner and clerk be allowed one dollar per day each, for the time they have been necessarily engaged in the duty assigned them in the examination of said transcript; and the said clerk shall moreover have a reasonable compensation for transcribing said records, not to exceed one and a half cents for every twenty words, to be paid out of the county levy of said county.

[Approved January 30, 1833.]

be distributed.

CHAP. 183.-AN ACT to authorise the Secretary of State to distribute certain military books.

Sec. 1. Be it enacted by the General Assembly of the What books to Commonwealth of Kentucky, That the copies of the abstract of Infantry tactics, including exercises and manœuvres of Light Infantry and Riflemen, for the use of the militia of the United States, which have been procured by authority of the Congress of the United States, and transmitted to the Chief Magistrate of this state, to be distributed among the officers of the militia of this state, shall be distributed at the same time and by the same persons who may be employed by the Secretary to carry and distribute the acts and journals of the present session of the Le gislature.

carry

1833.

To be appor

tioned and sent

Sec. 2. Be it further enacted, That the Secretary shall apportion said copies among the officers of the militia, and shall pack up and contract for the ing and delivering the same to the several clerks of this state, at the same time and in the same manner, acts. and subject to the same rules and regulations, applicable to the acts and journals of the Legislature.

out with the

er them out.

Sec. 3. Be it further enacted, That when the copies Clerks to delivshall have been received by the clerk of any county, it shall be his duty to deliver them to the officers respectively, who may be entitled to receive them. [Approved January 30, 1833.}

CHAP. 184.-AN ACT to authorise the Trustees of Cynthiana to close an alley in said town.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of the town of Cynthiana may, at their discretion, permit the alley, in said town, extending from Back street to Main street, between the lots one hundred and nine and one hundred and ten, on one side, and one hundred and twenty-three and one hundred and twenty-four, on the other side, to be discontinued or closed at such parts as they may deem proper.

[Approved January 30, 1833.]

CHAP. 185.-AN ACT for the benefit of Spencer Curd's represen

tatives.

tain the amount

Sec. 1. Be it enacted by the General Assembly of the County court of Commonwealth of Kentucky, That it shall be lawful for Logan to ser the Logan county court, at the next March or April of taxes due terms, to examine and make out an account or list of from said Curd. all revenue tax, due from Spencer Curd, deceased, late clerk of said court, to the Commonwealth, as tax on deeds and seals, as well as other revenue tax, by said Curd received; and to examine and certify the same to the Auditor of Public Accounts, by the presiding justice and attorney of the court, as now required by law, in relation to clerks' accounts.

Sec. 2. Be it further enacted, That it shall be law- Circuit court ful for the Logan circuit court, at the next term, to also,

cause the accounts of said Spe..cer Curd, decensed, late clerk of said court, for revenue tax, by him re

0*

1833.

Auditor to set

tle with the rep

resentatives and no damages to be exacted.

ceived, or receivable by him, to be made out and cer tified by the Auditor of Public Accounts, and also to make out and certify said clerk's claim for ex officio services, and whatever other lawful claims or credits the said Curd may have been entitled to.

Sec. 3. Be it further enacted, That upon the securities of the said Curd, as clerk of said courts, respectively, or his executor, producing the accounts herein authorised to be made out, to the Auditor, and paying the sum due from said Curd to the Commonwealth, there shall be no penalty or damages collected on account of said lists or accounts having not been before returned to the Auditor, or the money due upon said accounts having not been paid: Provided, said settlements are made and the balance due paid on or before the first day of May next.

Approved January 31, 1833.]

CHAP. 186. AN ACT to authorise the Trustees of the town of Richmond to levy a tax to McAdamize the streets.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of the town of Richmond are hereby empowered to levy a tax to compel the owners of real estate, holding the said real estate upon any street of said town, to pay their just proportion of the expense of McAdamizing said. street, whenever a majority of the owners of real estate upon said street shall voluntarily agree to pay their proportion of said expense in front of their property.

[Approved January 31, 1833.]

a person may be bound.

CHAP. 187.-AN ACT limiting the time for which persons may be held to bail for their good behaviour.

Sec. 1. Be it enacted by the General Assembly of the Time for which Commonwealth of Kentucky, That hereafter it shall not be lawful for the judge of any court in this Commonwealth to require any person or persons to enter into a recognizance, or to give surety to keep the peace or to be of good behaviour, for a longer period than one year, at any one time.

Def't may ad

duce testimony.

Sec. 2. Be it further enacted, That in all applications to bind over to keep the peace or to be of good

1833.

behaviour, it shall be the duty of the court or justice. of the peace, before whom such application shall be pending, to hear testimony on the part of the defendant or defendants, if offered, proving or conducing to prove, that the application is vexatious or malicious, Discretion givor for other cause ought not to be sustained, and the justice. applicant may offer countervailing testimony; and said court or justice shall thereupon decide, from all the evidence adduced, whether the defendant or defendants shall be so bound.

en to judge or

zances, &c. to

Sec. 3. Be it further enacted, That any person who The recognimay now stand bound under a recognizance to keep be void after the peace or be of good behaviour, whenever he shall one year. have continued so bound for the time of one year, shall be, and is hereby, together with his securities, released and discharged from all liability upon said recognizance.

[Approved January 30, 1833.]

CHAP. 188.-AN ACT for the benefit of the Cumberland Hospital.

Be it enacted by the General Assembly of the Com- An appropriamonwealth of Kentucky, That the sum of fifteen hun- tion of money. dred dollars, Commonwealth's money, be, and the same is hereby, appropriated for the benefit of the Cumberland Hospital, to be paid by the Treasurer to the trustees of said hospital, out of any money in the treasury not otherwise appropriated, as the means of supporting said institution and paying the debts of the

same.

[Approved January 31, 1833.]

CHAP. 189-AN ACT to amend an act, entitled, "an act for the benefit of the heirs of Samuel Shannon, deceased.

Be it enacted by the General Assembly of the Com- Surviving com monwealth of Kentucky, That William G. Boyd and m'rs empowerAlexander Reid, the survivors of the persons named ed to act. in the first section of the act to which this is an amendment, shall have all the power and authority vested by said act in the persons named in the first section thereof; and all the acts of the survivor or survivors shall be as valid and effectual in law, as if the whole of said persons had united therein, any thing in said act to the contrary notwithstanding.

[Approved January 31, 1833.]

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