1 1833. How to be constructed, &c. Proviso. Similar power given to the Fleming county Court. County court. and Lewis Templeman to erect gates across the Forge mill road, which passes over the land of said Bailey and Templeman. Sec. 2. Be it further enacted, That the said county court of Bath may permit James Robbins to erect gates across the Prickly Ash mill road, that passes over the lands of said Robbins. Sec. 3. Be it further enacted, That the aforesaid gates shall be at least ten feet wide and so constructed as to open and shut with convenience, and the same shall at all times be kept in good repair by the respective owners of said land: Provided, however, That no order for erecting said gates shall be made, except a majority of the justices is present and compose said court: And provided, further, That a majority of said justices shall have power to discontinue any of the gates erected under this act when the pub ic good shall require it. Sec. 4. Be it further enacted, That the county court of Fleming shall have power, under the rules and regulations prescribed in the foregoing section, to grant permission for the erection of a gate or gates on the road leading from the mouth of Allison to James Andrews' mill, on the lands of Joseph Davis, and to discontinue the same whenever the public convenience may require it. Sec. 5. Be it further enacted, That the county court To the Fayette of Fayette shall, in like manner, have power to permit the erection of a gate or gates across the road, known as Sidnor's road, passing through the land of Barbara Lydick, and to discontinue the same when the public convenience may require it. Also to the Sec. 6. Be it further enacted, That the county court of Clay is authorised to erect a gate on the land of County court of Francis Clark, where the road leading from ManchesClay. ter to the mouth Red Bird passes through. And to the aburt. Sec. 7. Be it further enacted, That it shall and may be lawful for the county court of Mercer to permit Mercer county Robert B. McAfee and Thomas II. Dean to erect gates on the road leading from said McAfee's mill, on Salt river, to intersect the Frankfort road above said Dean's farm; and the said McAfee may also be permitted to erect gates on the road leading from his mill to Shawnee run ferry: Provided, That the said county court, at the time the order is made permitting gates to be so erected, shall specify in the order that said gates shall be made out of strong materials, at least nine feet wide, and so constructed as to be easily opened and shut, and that the same shall be kept in good repair, at the expense of said McAfee and Dean; and the county court may, at any time, upon a failure to comply with the conditions required by this act, cause the said gates to be taken down, upon giving reasonable time to make any necessary or additional repairs which may be required by the court. [Approved January 2, 1833.] 1833. CHAP. 47. AN ACT for the benefit of Gabriel Gaines' heirs. Whereas, it is represented to the General Assem- Recital. bly, that Gabriel Gaines, late of Mercer county, departed this life some time since, leaving his estate in an embarrassed situation, and that administration of his estate was granted by the county court of Mercer unto Ezekiel F. Gaines, who has fully administered upon the whole of the personal estate of said Gabriel Gaines, and that there are yet some debts against the eştate; and whereas, it is further represented that said Gaines died seized and possessed of thirty acres of land, divided from his house tract by a large public road. For remedy whereof, tain lands au thorized to be decreed by the Mercer circuit Be it enacted by the General Assembly of the Com- A sale of cermonwealth of Kentucky, That it shall and may be lawful for the said Ezekiel F. Gaines, administrator as aforesaid, to file his bill in chancery, in the Mercer circuit court, setting forth the reasons and causes why court. it is necessary that there should be a sale of said thirty acres of land, making the whole of the heirs parties. And it shall be the duty of the court to cause the heirs to be duly summoned, and further to appoint a guardian ad litem to answer for the infant heirs. And if on hearing of the cause it shall appear to the court that the whole of the personal estate (except slaves) of the said Gabriel Gaines had been exhausted in the payment of debts, and that there are other debts owing by the said estate, the judge shall order and decree a sale of said thirty acres of land to be made in such manner as he shall think most advisable, for the advantage of all concerned, subject however to the final ratification of the court; and the judge, on confirming the sale, shall and may make such order or decree as he thinks right and proper for the 1833. distributed after payment of debts. distribution of the money, not inconsistent with the laws of this Commonwealth; and it shall be the duty Proceeds to be of the court to take bond and security from the administrator aforesaid, for the faithful application of the proceeds of said tract of land, first, for the payment of the debts against the estate, and secondly, if there should be more than will satisfy the debts, then for the distribution of the balance among the heirs. And upon the purchase money being paid, the court shall order and decree the heirs to convey unto the purchaser or purchasers the title to said thirty acres of land, and make such other and further order in the premises as may be necessary to carry into effect the objects of this act, most to the benefit of said infant heirs. [Approved January 2, 1833.] Elections for CHAP. 48.-AN ACT in relation to the towns of Cynthiana and Law renceburg. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all elections heretrustees of Cyn- after held for trustees of the town of Cynthiana shall be held at the court-house door, on the first Monday in January in each year, between the hours of nine and twelve o'clock, A. M. thiana to be held annually. The board to members. Sec. 2. The board of trustees for said town shall consist of five housekeepers residing therein, any three consist of five of whom shall constitute a quorum for the transaction of business, and who shall receive the largest number of votes given at the time and place of an election by the free white male inhabitants residing in said town above the age of twenty-one years, and who shall have resided twelve months in said town. Qualification of voters. turned to the clerk of the board. Sec. 3. So soon as an election for trustees shall be Polls to be re- held and over, the presiding officers shall return the polls to the clerk of the board, if one has been elected: and if none should have been elected, then to the person who is afterwards elected clerk: whose duty it shall be to copy said polls, in a book to be kept by him for that purpose, and give notice in writing to each person elected as trustee, of his election: whose duty, before he enters upon the office of trustee, it shall be to take the following oath or affirmation: I, A. B., do solemnly swear, or aflirm, (as the case may be,) that during the time for which I have been elect 1833. Trustees to ed a trustee, or so long as I may continue in office, take an oath chairman or a justice. Sec. 4. The justice who superintends said election May be adminfor trustees, or the chairman, shall, and they, or either istered by the of them, are hereby authorised and required to administer the above oath to those who are elected, and certify the same to the clerk at the bottom of the return, signed by such justice or chairman, and to be recorded by the clerk. A chairman to be appointed. his duties. Sec. 5. Each board of trustees so elected, after being sworn as above, shall proceed to appoint some one of their own body, who shall at their meeting preside as chairman, and sign all orders of the board: and To appoint a said board of trustees shall appoint or elect a clerk, to clerk and assign require him under oath to perform the duties of his office, and prescribe to him what those duties shall be; and it shall be the duty of said clerk, in addition to Duties of the such duties as shall be prescribed by the board of clerk. trustees, to advertise publicly the time and place of holding the annual elections for trustees of said town, in conformity to this act, and to publish the by-laws and ordinances of said trustees, by fixing copies thereof, attested by himself, to the door of the court-house in said town; and it shall be the further duty of said clerk to keep, and present to the board of trustees, a fair statement in writing and true account of the funds of said town as may pass through his hands; and said trustees may allow such clerk, as a compensation for His compensahis services, any sum they may deem fair and rea sonable. tion. His duties. Sec. 6. It shall be the duty of the trustees of said To appoint a town to appoint a town sergeant, who, upon oath as a town sergeant. sworn officer, it shall be required, if, when required to give notice to some one member of the board, of all persons who commit a breach of the laws or by-laws of said town, and whose further duty it shall be, to see that the provisions of this act, and the regulations made in pursuance thereof, shall be carried into effect. Sec. 7. That the trustees of said town are hereby May levy and authorised to tax the citizens thereof, in any sum, not collect an anexceeding two hundred dollars per annum, and to be nual tax. levied in the following manner, viz: twenty-five cents on each white male inhabitant, residing in said town, above the age of twenty one years, and the balance 1833. ratably and proportionably on real estate, wholesale and retail stores, and negroes, in said town; and the trustees shall have and retain a lien on the real estate upon which such tax is imposed for the payment thereof; and if personal estate of the owner or occupant of such real estate cannot be found in the county of Harrison, out of which said tax can be levied, the board of trustees shall have power and authority to direct the sale of so much thereof of said real estate as will the tax, causing the sale to be advertised pay of personal es- at least ten days before the same shall be sold: but in case of any such sale, the owner or owners of any such estate so sold, or any person for them, shall have the right to redeem the same at any time within two ́· years thereafter, by paying to the purchaser the purchase money, with twenty per cent per annum there Real estate may be sold for taxes in default tate. Time of redemption allowed. Conveyance to be made to the purchaser if not redeemed. Trustees to appoint an asses sor of taxes. His duty. on. any And if the owner or owners, or any of them, of lot or part of lot so sold shall, at the time of such sale, be an infant, married woman or person of unsound mind, he, she or they shall have power to redeem the same at any time within one year after the removal of their disability, by paying to the purchaser his purchase money, with ten per cent per annum from the time of the purchase. And said board of trustees shall give to the purchaser of such property a certificate of his purchase, with the amount paid, and shall, and they are hereby authorised, by their chairman to convey the same by deed, when called on by the purchaser. Sec. 8. It shall be the duty of the trustees of said town, in the month of February, in each year, to appoint some fit person to assess, on oath, the value of all taxable property in said town, taking into consideration the situation and local condition of each species of property, and return the same on or before the first day of the next month of May to the trustees, who shall cause the same to be advertised, at the court-house door, for public inspection; and any person feeling aggrieved by such valuation may apply may be appeal to the board of trustees for redress. And if, during such month of May, for advertising such property, any person shall come forward and pay their taxes they shall be allowed a discount of ten per cent; after said month. the trustees shall place the accounts in the hands of a collector and allow him ten per cent; and should he not be able to collect all sums due, within a month from the time he receives the list, His valuation ed from. Discount for prompt payment of taxes. Collector of taxes to be ap P ointed. |