1833.

the late clerk, and competent before the present clerk, as if the late clerk had lived and taken the full proof at the time, shall be taken by the present clerk. But nothing herein contained shall be so construed, to make it the duty of the present clerk to record any of said deeds until the tax shall be paid, in cases where the same has not been paid.

[Approved January 4, 1833.

CHAP. 51. AN ACT to change the place of voting in the Caney precinct, in the county of Ohio.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the election in the Caney precinct, in the county of Ohio, shall be held at the house of David Clark instead of Theophilus Allen's, under the same rules and regulations as heretofore.

[Approved January 4, 1833.]

The acts creating the office of Reporter of de

cisions of the Court of Appeals repealed.

Proviso.

More of here

after publishing

CHAP. 53. AN ACT to change the mode of publishing the decisions of the Court of Appeals.

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of each and every act or acts of Assembly as created the office of Reporter of the decisions of the Court of Appeals,. and so much of each and every act or acts as prescribes the duty of the Reporter and fixes his compen sation shall be and the same is hereby repealed: Provided, however, that this act shall not operate so as to preclude the present Reporter from completing any volume or volumes of reports which he may have commenced, printing or for which he may have drawn the advance from the public treasury, but for such volume or volumes, when reported in the manner required by the present law, he shall be entitled to receive the compensation now allowed.

Sec. 2. Be it further enacted, That whenever any person, who may hereafter obtain the consent of the Judges of the Court of Appeals, or a majority of them those decisions for that purpose, shall deliver, well bound and lettered, into the office of the Secretary of State, for the time being, for the use of the Commonwealth, and obtain his receipt therefor, two hundred and fifty copies

and what de cisions are to be

published.

1833.

of such decisions of the Court of Appeals, as may not have been reported, but which may, in the opinion of the judges of said court, establish some new or settle some doubtful point, or be otherwise by them deemed important to be reported, such person shall receive, as Mode of coma compensation therefor, at the rate of one dollar for pensation to the Reporter. every hundred pages contained in each volume of said reports, including tables and indexes: Provided, howev- Proviso. er, That the letter and paper be of the same size and quality as that of Hardin's reports of the decisions of the Court of Appeals: And provided, also, That the judges of said court, or a majority of them, certify that the work meets their approbation and was published by their consent.

amount due the

Sec. 3. Be it further enacted, That upon the deliv- Mode of ascer ery of the number of copies aforesaid, in conformity taining the with all the conditions and requirements aforesaid, the Reporter and Secretary shall give a receipt for the same, and state duty of the Au therein the sum due to the publisher at the rate afore- ditor, &c. said; and it shall be the duty of the Auditor of Public Accounts, whenever the receipt of the Secretary is delivered to him, to issue a warrant for the amount, which shall be paid out of any money which may have been received in the treasury in payment of taxes.

[Approved January 4, 1833.]

CHAP. 53.-AN ACT for the benefit of Dorcas Worley.

Whereas, it is represented to the present General Assembly that Dorcas Worley, a poor widow, of Whitley county, is unable to pay the state price of two hundred acres of head-right land on which she resides, entered in the name of Robert Early, on Certificate No. 289:

Be it therefore enacted by the General Assembly of the Commonwealth of Kentucky, That the state price of said land is hereby remitted, and that the Register of the Land Office issue a patent to said Dorcas Worley, and her heirs, for said two hundred acres of land, under the same rules and regulations as though the quietua had been filed in his office for the same.

[Approved January 4, 1833.3

1833.

authorized to erect a milldam on the

CHAP. 54.-AN ACT to authorise Edmund Turner to erect a Milk dam and Mill on the Middle Fork of the Kentucky River, in Clay or Perry County.

Sec. 1. Be it enacted by the General Assembly of the Edward Turner Commonwealth of Kentucky, That Edward Turner be, and he is hereby, authorised to erect a mill dam, or a water grist or saw-mill, on the Middle fork of the Kentucky river near Rodger Turner's, in Clay or Perry county, not exceeding three feet in height from low water mark: Provided, That the said Edward Turner attaches thereto, within three years, a water grist or saw-mill, and keeps the same in repair according to existing laws in relation to mills.

middle fork of the Kentucky

river.

The county

court of Clay may abate it if înjurious to

navigation, &c.

Sec. 2. Be it further enacted, That if at any time the said mill dam shall be found injurious to the navigation of the said Middle fork of the Kentucky river, or said Turner shall fail to keep his mill in repair, it shall and be lawful for the county court of Clay counmay ty to order said mill dam to be abated within a reasonable time by the said Edward Turner: Provided, That said Turner shall have twenty days notice of any motion to abate said dam, which may be made to said county court.

[Approved January 4, 1833.]

CHAP. 55.-AN ACT for the benefit of the Jailor of Logan county.

Whereas, it is represented to the present General Assembly that the health of the jailor of Logan county has been greatly impaired by a residence in the lower apartments of the jail of said county, where, by the laws now in force, he is required to reside. For remedy whereof,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county court of Logan may, at their discretion, at any term of said court, at which there shall be a majority of the justices in commission in said county on the bench, enquire into the said matter, and into the propriety of permitting him to remove and reside out of said jail; and shall have full power to determine, at their discretion, whether said jailor may not reside elsewhere than in said jail; and if they, or a majority of those on the bench, shall determine that he may reside out of said jail and hold said office, they may make an order to that effect on their record; and in case said order is

made, said jailor may remove and reside elsewhere, out of said jail, and so much of any law as requires him to live in said jail after said order shall be made, is hereby repealed; and in case said order shall be made, said court shall have full power to authorise said jailor to rent the lower apartments of said jail and apply the rents to the use of said jailor or to any other purpose they may direct, at their discretion, by

their order.

[Approved January 4, 1833.]

1833.

CHAP. 56.-AN ACT to establish an Election Precinct in Barren

County.

Sec. 1. Be it enacted by the General Assembly of the Boundaries of Commonwealth of Kentucky, That all that part of Bar- the precinct. ren county included within the following boundary, viz: Beginning on the county line near Isaac Dale's; thence Southwardly with the road passing through Bartlett L. Grove's lane, to the Greensburg road; thence to the cross roads near George Bradley's old place; thence with the road leading from Hitch's mill, to Craddock's mill, to the Greene county line; thence with the Greene county line to the Hart county line; thence with the Hart county line to the beginning,shall be, and is hereby, formed into an election precinct in said county of Barren, which shall be called and known by the name of the La Fayette precinct: and that the qualified voters in said precinct may vote at all legal Place of voting elections, at the house of Little & Stovall in said pre- therein. cinct: Provided, It shall be lawful for any of the qualified voters residing within said precinct to vote at the court-house of said county if they shall so elect.

Voters may

vote at the court-house.

Voters to be sworn upon of

out of their

precinct.

Sec. 2. Be it further enacted, That if any of the qualified voters of Barren county shall desire to vote at any other place than at the place designated in fering to vote their respective precincts, before they shall be permitted so to do they shall take the following oath: "You, A. B., do swear, or affirm, (as the case may be,) that you have not, nor will not, vote at any other place during the present election, so help you God;" which said oath may be administered by one of the judges conducting the election: and if any of the qualified voters of said county shall swear falsely, he shall be deemed and held guilty of perjury, and shall be liable to be prosecuted and punished according to the laws now in force against perjury.

1833.

An additional lowed to Barren

constable al

ounty.

Sec. 3. Be it further enacted, That the county court of Barren shall be entitled to one additional constable, to reside in the neighborhood of Little & Stovell's store, and within the bounds of the election precinct established in the first section of this act.

[Approved January 4, 1833.

Former law continued.

Further time

given to return plats and certifisates.

CHAP. 57.-AN ACT for the benefit of the Head-right and Tellico settlers.

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act entitled, "an act to reduce the price of the head-right lands on the South side of Green river, and for other purposes,' approved December 13th, 1831, shall be continued in force until the third day of the next session of the General Assembly.

Sec. 2. Be it further enacted, That the further time of two years shall be given to the holders of plats and certificates of survey, of the description of claims recited in the preamble of the before recited act, to return the same to the Register's office.

[Approved January 4, 1833.]

Recital.

his location of lands West of

CHAP. 58.-AN ACT for the benefit of John Smith and Bartlett Hill.

Whereas, it is represented that John Smith hath made a mistake in the location of his tract of land, by entering the North-East quarter of section ten, township three, range two, East, in the district of country West of the Tennessee river, when agreeably to his intention, he should have entered the North-West quarter of section eleven, township three, range two, East, in said district. For remedy whereof,

Sec. 1. Be it enacted by the General Assembly of the John Smith au- Commonwealth of Kentucky, That it shall be lawful thorized to alter for the said John Smith, upon lodging his certificate of entry or patent, if he has obtained one, for the first the Tennessee. above named tract of land, with the Receiver of Public Moneys for the lands West of the Tennessee river, to relinquish his said entry and correct the above named mistake by entering with said Receiver the said North-West quarter of section eleven, townshp three range two, East.