the amount thereof, which shall be paid out of any money in the Treasury not otherwise appropriated. SEC. 2. That the County Court of Livingston county shall, at their next January, March or April term, receive and certify said delinquent list in the same manner as if the same had been returned at the time as is now directed by law. the SEC. 3. That the Sheriff of Ohio county shall have until the first day of March 1838, to return his delinquent list for Obio. year 1837; and upon the return thereof to the Auditor, he is directed to issue his warrant for the amount thereof on the Treasurer, whose duty it shall be to pay the same over to him, any law to the contrary notwithstanding. And, whereas, the Sheriff of Gallatin county did, on the day required by law, return to the County Court his delinquent list for the year 1837, but failed to make his return to the Auditor of Public Accounts in due time-therefore, SEC. 4. Be it further enacted, That said Sheriff of Gallatin county be and he is hereby given further time, until the first day of February 1838, to return said delinquent list to said Auditor; and, thereupon, the said Auditor is hereby authorized to give said Sheriff a credit for the amount of said delinquent list. Approved February 1, 1838. 1838. Sheriff of Sheriff of Gallatin. CHAP. 728-AN ACT for the benefit of Abraham Vandipool, of Rockcastle County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Trustees of the Asylum for teaching the deaf and dumb, shall be and they are hereby authorized to admit Abraham Vandipool, a deaf and dumb youth of the county of Rockcastle, as a pupil in said institution, in the same manner, under like restrictions, and upon the same conditions as other pupils from this State are admitted into said institution. Approved February 1, 1838. CHAP. 729-AN ACT to legalize the proceedings of the Court of Assessment of the 104th Regiment of the Kentucky Militia, for the year 1837. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the late proceedings of the Court of Assessment of the one hundred and fourth Regiment of Kentucky Militia, at their session in the year 1837, be and the same is hereby declared as good and valid as if said court had held their court on the day designated by the late act of Assembly. Approved February 1, 1838. 1838. CHAP. 730-AN ACT to authorize the Register of this Commonwealth to receive and register certain surveys made in this Commonwealth in the year 1837. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the Land Office be and he is hereby authorized and required to receive into his office and register all surveys made in this Commonwealth in the year eighteen hundred and thirty seven, approved of by the several County Courts, and recorded by the Clerks of said courts, and certified by them according to the provisions of an act to appropriate the vacant lands in this Commonwealth, north and east of the Tennessee river, to the counties in which they lie, for the purposes of internal improvement, approved February 28th, 1835: on which surveys grants may issue according to the terms and provisions of the above recited act. Approved February 1, 1838. CHAP. 731-AN ACT to regulate the proceedings of the County Court of Perry Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Perry county, a majority of all the Justices of the Peace concurring therein, shall have power and authority to appoint two additional Treasurers to sell and dispose of the vacant land in said county, who shall be governed, in all respects, by the existing laws of this Commonwealth, prescribing the mode of disposing of the vacant lands for the benefit of the counties in which they lie; one of which Treasurers shall reside above, and the other below the county seat of said county, so as best to suit the public convenience, and the citizens of said county. Approved February 1, 1838. Money appropriated. CHAP. 732-AN ACT for the benefit of the heirs of William Steele, deceased WHEREAS, it appears to the General Assembly, that William Steele, deceased, by order of the Governor of Kentucky, in compliance with an act of the Legislature did run and mark the line between the States of Kentucky and Tennessee in the year 1825, and return to the Legislature a chart of said line; and that he paid the whole expense of making said survey; and that he departed this life in the year 1826, without having received compensation therefor-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts do, and he is hereby required to issue his warrant on the Treasurer in favor of Samuel Wilson, for the benefit of the heirs of William Steele, deceased, for the sum of eighteen hundred and sixty four dollars, which appears to be the balance due said Steele for his services, and for the money expended in doing said work; and the Treasurer is directed to pay the same out of any money in the Treasury not otherwise appropriated by law. Approved February 1, 1838. 1838. CHAP. 733-AN ACT concerning the Pilots at the falls of Ohio. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, the Pilots at the Falls of the Ohio river shall be appointed by the Mayor and Council of the city of Louisville, under the existing laws; and the County Court of Jefferson shall not have or exercise the power and authority of appointing Pilots; and the number of Pilots shall be limited to five. Approved February 2, 1838. CHAP. 734-AN ACT for the benefit of James H. Coleman, of the County of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be and he is hereby authorized to issue his warrant on the Treasury in favor of James H. Coleman, of Breckenridge county, for the sum of seventeen dollars thirty seven cents, it being the amount of a judgment rendered by the Breckenridge County Court against said Coleman for failing to list his taxable property, agreeably to law, for the year 1837, and which has been paid by the said Coleman to the Sheriff of said county, and said fine, thereafter, having been remitted by the Governor; and the Treasurer is directed to pay said warrant out of any money in the Treasury not otherwise appropriated. Approved February 2, 1838. CHAP. 735-AN ACT for the benefit of John P. Lowry, late Sheriff of Jes samine County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be and he is hereby directed to issue his warrant on the Treasury in favor of John P. Lowry, late Sheriff of Jessamine county, for the sum of five dollars and twenty one cents, for services rendered by him as such, but not allowed upon a settlement of his accounts. Approved February 2, 1838. tees. 1838. CHAP. 736-AN ACT to establish a Ferry across the Ohio river at Paducah. SEC. 1. Be it enacted by the General Assembly of the ComFerry estab- monwealth of Kentucky, That a public ferry be and the same lished and ves- is hereby established, opposite to the town of Paducah, across ted in the Trus- the Ohio river to the opposite shore; and that said ferry be and the same is hereby vested in the Trustees of said town, and their successors in office, for the use and benefit of the same; and all profits arising from said ferry, the Trustees aforesaid, shall appropriate to the improvement of said town. Trustees. SEC. 2. That the Trustees of said town shall have full powPowers of er to lease or rent the ferry aforesaid; Provided, That said Trustees shall not be authorized to lease or rent said ferry for a longer term than one year, at any one time; and said Trustees shall not be permitted to lease or rent said ferry privately, but the same shall forever be leased or rented at public auction, or outcry, to the highest bidder, taking bond and good security from any person or persons leasing or renting the same, for the amount, payable to the Trustees of the town of Paducah; and said Trustees, or their successors in office, shall have full power to sue for and recover the same, in the name of the Trustees of the town of Paducah, before any tribunal having jurisdiction of the like amount. fix rates. SEC. 3. That said Trustees shall have full power to fix the Trustees shall rates of ferriage for the ferry belonging to said town, which shall be published, or made known, at the time of leasing or renting the same, and the rates thereof shall not be increased nor diminished, during the time for which said ferry may have been leased or rented. Approved February 2, 1838. CHAP. 737-AN ACT to amend the act, entitled, an act to amend the law concerning Ferries, approved February 21st, 1837. WHEREAS, it is represented to the present General Assembly, that the act, entitled, an act to amend the law concerning ferries, approved February the 21st, 1837, operates unequally and oppressively to some of the citizens of this Commonwealth, inasmuch as it is found to be impracticable to use ferry boats in some of the rivers, with hand railing on the sides, on account of the rapidity of the streams, as said boats have to be propelled by means of setting polls instead of oars-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the before recited act as is applicable to Licking river, and all ferries in the counties of Estill, Knox, and Whitley, be and the same is hereby repealed. Approved February 2, 1838. CHAP. 738-AN ACT for the benefit of the Trustees and Congregation of the First Presbyterian Church in Louisville, and the Methodist Episcopal Church in Louisville. WHEREAS, the Trustees and Congregation of the First Presbyterian Church in Louisville, by suit in the Louisville Chancery Court, against the holders of the legal title of the lot on which the Church of said Congregation was formerly situated, sought to obtain a decree directing the sale of said lot, that the proceeds thereof, together with the avails of a policy of insurance upon said former Church, might be applied towards the purchase of another piece of ground in a more commodious part of said city, and the erection of the necessary buildings thereon; but the said Court refused the relief sought, from a supposed want of power to order the sale of said lot, and by decree ordered a dismission of the bill. 1838. Bill may be filed. And decree Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the complainants in said suit, or their survivors, may, by bill in the nature of a bill of review, seek a revision of said decree in said Court; and if it shall, thereupon, appear that such is the desire of a majority of said Congregation, the said Court shall, by decree, empower said Trustees to sell and convey said lot and appropriate the proceeds, rendered. together with the avails of said policy, to the purchase of another piece of ground in said city, and the erection thereon of another Church, and other necessary buildings, to be held by said Trustees, and their successors, for the use and benefit of the Presbyterian Sect and Congregation of Christians in Louisville, for the purposes of christian worship. And, whereas, on the 22d day of September, 1832, Francis Preston, and wife, conveyed to Daniel McAlister, and others, Trustees, the northern sixty feet of lot number ninety three, in Preston's enlargement of Louisville, fronting on the west side of Jackson street, and extending west with a twelve foot alley one hundred and five feet, in trust, that they should erect and build thereon a house or place of public worship for the use of the Methodist Episcopal Church in the United States of America, according to the rules and discipline which, from time to time, may be adopted by the Members and Preachers of said Church at the General Conference; and, in further trust, that they shall at all times forever hereafter permit such Minister and Preacher belonging to the said Church as shall be duly authorized by the General Conference, or Annual Conference, to preach and expound God's holy gospel therein: and, whereas, the Trustees of said Church have caused to be erected on part of half acre lot number two hundred, in said city, on Brook street, a large commodious and plain Church, which is free for the worship of God by any of the Members of said Church in the United States of America, and said Church is not finished, and although liberal subscriptions have been made by the Members of said Church, and others, and the Trustees desire |