1831. Sec. 3. Be it further enacted, That the county courts of the county of Russell, shall hereafter be held on Time of hold- the second Monday in each month, except those months. ing county courts in Russell. In Lincoln. in which the circuit courts for said county, are authorized by law to be held. Sec. 4. Be it further enacted, That hereafter the county court of Lincoln county, shall be held on the second Monday in February, in each year, and on the fourth Mondays in every other month, except those months in which the circuit court for said county, is directed to be held. CHAP. DXXX. AN ACT confirming the right of David and John Trimble in the erection of a dam at their Iron Works, on Little Sandy river, in Greenup County. Approved, January 15, 1831. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the right of David and John Trimble, to erect a dam ten feet high, across Little Sandy river, at their furnace and forge on said river, in the county of Greenup, shall be, and is hereby confirmed and secured to them; and the order and proceedings of the county court of said county, authorizing a dam to be erected at said iron works, is hereby legalized; any act of Assembly to the contrary notwithstanding. Sec. 2. Be it further enacted, That said David and John Trimble, shall annex such slope to said dam, as may be required of them, by the county court of the county. Sec. 3. Be it further enacted, That the act passed during the present session, authorizing the said David and John Trimble, to erect a dam at the Blue ripple, across Little Sandy, shall be so amended as to fix the height of said dam, at ten instead of nine feet. CHAP. DXXXI. 1831. AN ACT to provide for completing the road from Beever Iron Works, in Bath County, by way of West Liberty, to Louisa. Approved, January 15, 1831. appropriated Where to be SEC. 1. Be it enacted by the General Assembly of the $500 worth of Commonwealth of Kentucky, That there is hereby appro- land warrants priated, land warrants to the value of five hundred to improve dollars, at five dollars per hundred acres, for comple- the road. ting the improvement of the road from Louisa, in Lawrence county, by way of West Liberty, to Beaver iron works, in Bath county; which warrants shall be issued by the Register of the land office, in the same manner, and subject to be located in the same counties, located, and as provided for by the sixth section of an act, entitled how disposed "an act providing for the improvement of the road of, &c. leading from Louisa, in Lawrence county, by West Liberty, to Beaver iron works; approved, January 24, 1827;" and the commissioners hereby appointed, shall be governed, in all respects, in the improvement of said road, and in regard to the disbursement of said land warrants, and every other thing, in regard to their duty as commissioners, shall be governed by the said act, as far as the same may be applicable; and the attorney for the Commonwealth, shall perform the duties required by said act. Sec. 2. Be it further enacted, That Lewis Ring- Commissionlesby and Stephen Wheeler, of Lawrence county, and ers appointed John Williams, of Morgan county, shall be appointed commissioners, under this act. Sec. 3. Be it further enacted, That James Kash, CommissionWilliam Trimble and Isaac Lykens, are hereby ap to superiners appointed pointed commissioners, to superintend the improve- tend the state ment of the state road, leading from Mountsterling to road. the Virginia line, which lies between the head of Slate creek, and where the state road crosses Blackwater. their first Sec. 4. Any two of said commissioners may act, When and and they shall proceed as soon as convenient, after the where to hold passage of this act, to meet at the house of George meeting. Allen, on Beaver creek, and thence proceed to view and mark out the road, as originally viewed, or to make such alterations as they may think proper. Sec. 5. For the purpose of improving that part of $500 in land the aforesaid road, in rendering it convenient and safe warrants ap T 1831. propriated for that object. Where to be located, and how and to whom patent ed. for the passage of wagons and other wheel carriages, there is hereby appropriated, land warrants to the amount of five hundred dollars, at five dollars per hundred acres, which the Register of the land office is hereby required to issue, upon the application of any one of said commissioners, or their order. Sec. 6. The warrants issued by virtue of this act, may be surveyed in the name of the assignee or assignees of said commissioner; and such warrants shall only be surveyed on any unappropriated lands in the county of Morgan, Bath or Montgomery, which shall be stated on the face of said warrants; and the Register shall issue patents for lands, surveyed upon such warrants, in pursuance of this act, as in other cases. The said warrants shall be issued for fifty acres each, but two or more warrants may be included in one survey. Sec. 7. Be it further enacted, That said commisCommission- sioners, after legally advertising at the door of the ers to let out court house of Morgan, Bath and Montgomery counties, the improvement of the at least one court before the letting out of said road, road to the and at such other public places in said counties, as are lowest bidder. best calculated to give general information of the time and place of letting said road, they shall proceed to let the different lots, to the lowest bidder; and shall give the undertaker or undertakers a fair description, in writing, stating in what manner and by what time, the road is to be completed, taking from the undertaker or undertakers, bond and approved the underta security, in the penalty of double the amount of warrants received, conditioned for the faithful performance of the contract, payable to the Commonwealth of Kentucky, which bond shall be obligatory and binding upon the obligors, for the amount of the penalty, in case they shall fail to comply with the conditions thereof. To take bonds from kers. warrants. Sec. 8. It shall be the duty of the commissioners To assign to aforesaid, after the undertaker or undertakers have them the land executed bond, according to the provisions of this act, to pay over and assign to such undertaker or underta-. kers, the amount of land warrants, which they may severally be entitled to, for the completion of their contracts. Sec. 9. Before any commissioner enters upon the Commission performance of the duties herein prescribed, he shall, 1831. in the county court of the county in which he resides, take an oath that he will faithfully discharge the duties of the commissioner of the road, according to law; and ers to take an oath of office, shall, in such court, enter into bond, with good security, and sign bond to be approved by said court, in the penalty of one and security. thousand dollars, payable to the Commonwealth, condi- Condition tioned for the faithful performance of his duties, ac- thereof. cording to the provisions of this act, upon which, suit may be brought, in the name of any person aggrieved, until the whole penalty shall be exhausted. recorded. Sec. 10. The commissioners of said road, shall To make rekeep a fair and correct account of all contracts and ports to their respective expenditures, by them made, and each commissioner county courts shall submit to the court of the county, in which he of their proor they may reside, a full report and account of all ceedings. contracts and expenditures, by them made, showing how, and with whom, each item of expenditure occurred, and what quantity (if any) of land warrants remains in his or their hands; and the county courts shall cause such reports to be recorded, which shall be considered a part of the ex officio services of the clerk, recording the same; the county courts shall allow Reports to be such commissioner or commissioners, the sum of one dollar per day, for each day he or they shall be necessarily engaged in viewing, letting and receiving said road, and a reasonable compensation for attending court, to take the oath, and to execute bond, and to settle with the county courts, as directed by this act, if said commissioner shall demand or require it; and the said commissioners shall and may retain so much Allowance to of the warrants hereby appropriated, as will be sufficient to discharge the amount, so allowed said commissioners, by the said courts, at the rate of five dollars per hundred acres. the commis sioners. CHAP. DXXXII. AN ACT to prevent further confliction in land claims, and to secure to Seaters and Improvers, a preference of location to lands improved by them. Approved, January 15, 1831. Sec. 1. Be it enacted by the General Assembly of the No survey or Commonwealth of Kentucky, That no survey or grant, grant herein shall hereafter be made upon any interest hereafter derived from the Commonwealth, so as to include any lands improved or cultivated, enclosed or in the use and occupation of any person whomsoever, until the party intending to take up such land, shall have given three full calendar month's notice to such occupier, cultivator or improver, of his intention to take up, enter, survey or appropriate the same; describing in such notice particularly, the land intended to be entered, which notice shall be so special and certain, as to enable the occupier, improver, or cultivator, to enter, take up, or survey to his own use, during all which time the preemptive right shall belong to the person or persons in possession as aforesaid. Sec. 2. Be it further enacted, That in case such occupier, cultivator or improver, in possession of the im provement so referred to in the notice, shall not, within said three months, cause an entry and survey thereof, with a view to obtain a patent, then and in that case, it shall be lawful for the person who gave the notice as aforesaid, upon producing a certificate from the clerk of due proof of such notice, before the county court wherein the land lies, to survey and take up the land described in said notice, and proceed thereon according to law, subject however to the just right and claim of the person or persons so notified without prejudice, by reason of such notice; and all such notices, shall be recorded and certified, by the clerk of the county court wherein the land lies. Sec. 3. Be it further enacted, That nothing in this act contained, shall be so construed, as to alter the rule of decision between individual private rights, conflicting and vested before the passage of this act. Act of last CHAP. DXXXIII. AN ACT restoring the Ferry privileges, to the town of Approved, January 15, 1831. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of an act "to session grant- establish a ware house, at the mouth of Jonathan's ing ferry pri- creek, in Calloway county, and for other purposes," vileges to |