CHAP. 190.-AN ACT to incorporate the Greenwick Academy. Whereas, it is represented that Robert Wickliffe is willing and desirous to donate, for the use of a school, in the county of Bourbon, a piece of land adjoining to some lands contracted for by the citizens of its neighborhood, on which a private school hath been erected, and the persons concerned are desirous that the Legislature shall grant an act of incorporation, so that the property acquired may be applied to the purposes intended by the donors: Therefore Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John Pryor, Robert Wilmot, Ezekiel Thurston, John Ardry, Joseph Hushman, Daniel McIntire, William Scott. John R. Thornton and Robert Wickliffe, and their successors in office, shall be, and are hereby, constituted a body of trustees for said academy, with full power and authority to have, receive, take and enjoy property, real and personal, not exceeding, at any one time, in value fifty thousand dollars, to be forever by them used for the purposes of education and pious uses only, with full power to erect suitable buildings, and to purchase books and other necessary articles to promote the interests of said academy; to employ teachers and all necessary servants and agents, and the same to remove or dismiss at pleasure; and to receive and take, by deeds or otherwise, all such lands or other estate as they may purchase, or which shall be donated to them; and to do and perform all such necessary and needful act or acts as the interest of the academy may require; and by the name and style of the Greenwick Academy may sue and be sued, defend and be defended, in all courts, and transact all their business, either using a common seal or the individual seals of the trustees; and for the purpose of affording uninterrupted access to the school lands at all times, it shall and may be lawful for the trustees of said academy to open a way from the road leading from R. Wickliffe's farm to the Limestone road, near Ardry's, to the Maysville and Lexington turnpike road, any width not exceeding thirty feet: beginning at the common corner of said Wickliffe and Jacob Jacoby and pursuing the lines of said Wickliffe and Jacoby to the line of James McDowell, and then along the line of said McDowell and Jacoby to the turnpike road; and if the owners will not agree to make the said road a 1 1833. damnum may be awarded. public highway, it shall be the duty of said trustees. business. Sec. 2. Be it further cnacted, That a majority of Majority of trustees in office shall be sufficient to transact the trustees may do business of said Academy, and when a vacancy shall happen in said board, by any cause whatever, to fill all vacancies in their board. ment of the Sec. 3. Be it further enacted, That if the owners, Owners of land over which the road is proposed to pass, shall assent may assent to to the same under their hands, such assent shall be the establishby the trustees recorded in the county court of Bour- road. bon, and the same, when recorded, shall be full authority to the said county court to establish the road as a public highway, without sun:moning the owners or awarding a writ of ad quod damnum. [Approved January 31, 1833.] CHAP. 191.-AN ACT to extend the powers of the Road Commis sioners of Bracken County. Sec. 1. Be it enacted by the General Assembly of the Sites of roads Commonwealth of Kentucky, That the road commis- may be chang't sioners of Bracken county shall hereafter have full power and authority, from time to time, to alter or change the sites of roads in said county already laid out, and direct new roads to be opened, and prescribe in their orders and judgments relative to the opening or changing a road, not only the site, but also the width and manner in which it shall be opened and kept in repair; and in all cases where they shall Notice to be deem it necessary to open a new road or change an old one, before they shall make any order thereon, they shall give notice of such intended change or opening of the road, to the person claiming or owning the land through which the road is to run, or to his, her or their agent or guardian; and if the owner, his Inquest to be agent or guardian, shall object to the opening of the held. road through his or their land, it shall be the duty of the road commissioners forthwith to issue their war given. 1833. Some one of tend the jury. traversed. rant to the sheriff of the county, to summon twelve discreet housekeepers, to hold an inquest on the land through which the road is to run, on a day to be named in such warrant, of which meeting the party complaining shall have not less than three days notice. Sec. 2. It shall be the duty of the road commissioners of Bracken county, or some one of them, to attend comm'rs to at the jury, and administer the usual oath, to diligently enquire of and ascertain the damages which the opening or alteration of the road, if any, will do to the parVerdict may be ty complaining, and to record their verdict, which may be traversed by the commonwealth, or the party complaining, at any time within ten days thereafter; and on a traverse being filed, it shall be the duty of the commissioner taking the verdict, to immediately deliver or send the proceedings to the clerk of the circuit court of the county, who shall set the cause down for trial at the next term of said court thereafter, immediately succeeding the commonwealth's cases; and it shall be the duty of the court to try the same, to give judgment thereon according to right and justice of the case, without regarding formality in the pleadings, and may empannell a jury to try the facts and assess the damages, and the decision of the court thereon shall be final. Comm'rs to to establish the road or not. Sec. 3. It shall be in the discretion of the road commissioners, all things considered, to establish the road have discretion or not; if they do establish the road, they shall, before they proceed to open it, pay to the owner the amount adjudged for him, and cost: Provided, The cost allowed him shall in no case exceed the amount of damages so assessed; and if no damages shall be assessed, the party complaining shall pay all cost. All powers of the county court to be vested in the comm'rs. Jury to esti mate the advantages. Sec. 4. Be it further enacted, That all the power and authority heretofore belonging to, or vested in, the county courts of Bracken county, over the public highways therein, shall be, and the same are hereby, vested in the road commissioners thereof, and all copies of the records made out and certified by one of the road commissioners, who, at the time, shall be in the possession of such record or records of said road commissioners, shall be received as competent evidence in all courts, of the facts contained in such certified copy or copies. Sec. 5. Be it further enacted, The jury in all cases, in assessing damages for the opening a new road, shall take into consideration the advantages that may arise to the claimant of the land, and deduct it from the 1833. injury. &c. Sec. 6. Be it further enacted, That hereafter it shall Justices embe the duty of each road commissioner in said county, powered to impose fines for to prosecute all persons by warrant before some jusstopping roads, tice of the peace, for all fines now allowed by law, for stopping or altering any road in said county, or for obliterating sign boards, mile stones, or posts, or for other trespasses, and the justice of the peace trying the same, may give judgment and issue any execution thereon to enforce its collection: or they may proceed by presentment or indictment as heretofore. [Approved January 31, 1833.] CHAF. 192.-AN ACT to repeal the law now in existence in relation to Head-right settlers, and to dispose of the balance of the debt due from this class of debtors to the purposes of internal improvements. county court. Sec. 1. Be it enacted by the General Assembly of the Head-right cerCommonwealth of Kentucky, That the owners of Head- tificates to be right certificates, within any of the counties of this filed in the Commonwealth, shall, on or before the first day of November next, file in the clerk's office of the county court where he resides, said certificate, and the clerk shall make out an account, in the name of the. owner or owners of said certificate, shewing the balance due by he, she or they to the Commonwealth, which balance shall be subject to the control of the county court, who shall, as soon as may be, after the Courts to direct said first day of November next, determine on what to what the public highway or highways, within their county, the amount due money or labor arising or due from said Head-right may be applied. debtors shall be appropriated; and the said court Overseers to be shall appoint an overseer or overseers, whose duty it appointed. shall be to lay out said money or labor upon any road Their duty. and in whatsoever manner the said court may direct; and the clerk shall, under the direction of said court, furnish said overseer or overseers with a list of the names of the persons who have filed their head-right certificates with him, and the several balances due by said certificate holders; and the said overseer or overseers are hereby authorised to collect, either in money or labor, the said balances, and receipt for the same; and on the production of said receipt to the county court, they are hereby required to receive it, if it be in full, and certify the same, by their clerk, to 1833. Further time given to survey. A majority of the justices to be present in court. Register to issue patents. Clerks of county courts to re cord the names' of owners of certificates. Overseers to give bond. the Auditor of Public Accounts, all which services shall be rendered by the clerk without fee, who is hereby authorised and required to issue a quietus, in the name of the owner or owners of said certificate, his, her or their assignees; and said county courts shall say to the said overseer or overseers what wages they are to allow per day to those debtors who choose to work out the balance due on their head-right certificates; and the said overseer or overseers are hereby authorised and required to give notice to such of the debtors as have filed their certificates with the clerk, of the time and place he intends working on the road or roads. Sec. 2. Be it further enacted, That so much of the act now in force as authorises the owners of headright certificates to have them surveyed and patented be, and the same is hereby continued in force for two years from the passage of this act and no longer; and all head-right claims held within this commonwealth, not surveyed and returned to the Register's office before the end of the above named two years, shall be forfeited to the commonwealth, and may be taken up and surveyed by any person in the same manner as the other vacant lands belonging to the commonwealth are now taken up and surveyed. Sec. 3. Be it further enacted, That in all cases wherethe county courts are herein required to act, there shall be a majority of all the justices of the county present. Sec. 4. Be it further enacted, That on the production of the aforesaid quietus to the Register of the Land Office and the survey made thereon, he shall issue a patent therefor, as in other cases provided for by the general law appropriating the vacant lands of this commonwealth. Sec. 5. Be it further enacted, That the clerk of each of the aforesaid counties shall keep a book, in which he shall enter and record the names of such persons as file with him head-right certificates under this act, together with the number and date of said certificate, and the amount due thereon to the commonwealth, and for his services the court shall make him a reasonable allowance. Sec. 6. Be it further enacted, That the overseer or overseers to be appointed as aforesaid, shall give bond and security to the county court for the faithful discharge of his or their duty, in such sum as the court |