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1838.

ment of the twenty fourth Regiment of the Kentucky Militia, held in the year eighteen hundred and thirty seven, be ratified and confirmed; and said proceedings shall be as valid and as obligatory, as if said court had held their session on the day designated by law,

Approved January 8, 1838.

CHAP. 521-AN ACT to amend the charter of the Lexington, Harrodsburg, and Perryville Turnpike Road Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Lexington, Harrodsburg and Perryville Turnpike Road Company shall be and they are hereby authorized to appoint and elect an additional manager to reside on the north side of Kentucky river; and until such election and appointment shall be made by said Company, at their annual election, the President and Managers are hereby authorized and empowered to appoint such additional manager, to reside on the north side of the Kentucky river, and to remain in office until the next general election of officers for said Company.

Approved January 8, 1838.

CHAP. 522-AN ACT authorizing the County Court of Bath County to affix the price of vacant lands in said county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Bath county shall be and are hereby authorized to affix the price of all vacant lands lying in said county, which price shall be the best and highest that can be had, suiting the quality: Provided however, That said Court shall not affix any of said lands at a value less than the minimum price now allowed by law; any act or laws to the contrary notwithstanding.

Approved January 8, 1838.

Further time to return their delinquent lists

CHAP. 523-AN ACT for the benefit of the Sheriffs of Union and Henderson
Counties.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriffs of Union and Henderson counties shall be allowed, until the tenth day of May 1838, to return to the Auditor of Public Accounts their respective delinquent lists of the revenue tax, of said counties, for the year 1837, and their delinquent lists on the Auditor's list of persons that have moved from other counties, within this State, to their respective counties; and no motion shall be made

against said Sheriffs, on behalf of the Commonwealth, before the said tenth day of May 1838, on account of their failure to pay into the public Treasury the unpaid balance of the revenue tax, remaining due from their respective counties, for the year 1837: Provided, the securities of said Sheriffs, for the collection of the revenue tax, shall give their consent to said indulgence, before the Clerks of the County Courts of said counties, which shall be certified by them to the Auditor of Public Accounts.

SEC. 2. That it shall and may be lawful for said Sheriffs to return to their County Courts, at their ensuing January or February terms, their respective delinquent lists of county levies and State revenue, for the year 1837, which shall be as good and valid as if the same had been returned at the annual court of claims in November 1837.

Approved January 8, 1838.

1838.

Also, for county levy.

CHAP. 524-AN ACT for the benefit of the Louisville and Elizabethtown Turnpike Road Company.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the President, Directors and Manages of the Louisville and Elizabethtown Turnpike Company shall have the right, forthwith, to erect a toll gate on that part of the road next to Elizabethtown, and charge and receive tolls under the provisions of the charter.

SEC. 2. That said President and Managers shall have the power to erect said gate at any place between the house of Christopher Bush and the store house of Elijah Bush.

Approved January 8, 1838.

CHAP. 525-AN ACT for the benefit of Hardenia Allensworth.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract, heretofore existing between Hardenia Allensworth and her husband, Philip Al lensworth, is forever dissolved, so far as respects said Hardenia, who is hereby restored to all the rights and privileges of an unmarried woman, and to her maiden name of Hardenia Reynolds.

Approved January 8, 1838.

1838.

CHAP. 526-AN ACT to appoint one additional Justice of the Peace and Constable to Clinton County.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That one additional Justice of the Peace be allowed to the county of Clinton.

SEC. 2. Be it further enacteed, That one additional Constable be allowed to said county.

Approved January 8, 1838.

CHAP. 527.-AN ACT allowing to Bath County an additional Constable.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Bath County be and they are hereby authorized to appoint an additional Constable in said county, to reside in the town of Owingsville.

Approved January 8, 1838.

Cvar. 528-AN ACT to repeal an act concerning the public roads in the
County of Bath.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act, approved the thirteenth of January, one thousand eight hundred and thirty seven, prohibiting the County Court of Bath county from permitting any individual from erecting any gate, or gates, on any of the public roads in said county, be and the same is hereby repealed. Approved January 8, 1838.

May elect Trustees.

CHAP. 529-AN ACT to amend the laws regulating the town of Jeffersontown, in Jefferson County.

WHEREAS, there are some obstructions in the laws regulating Jeffersontown, Jefferson county, Kentucky, and the inhabitants are labouring under inconveniencies in consequence thereof-now, to remedy the same,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the free white male inhabitants of said town, of the age of twenty one years and upwards, to meet, on the first Saturday in March next, and every year thereafter, at the same place that is now designated by law to hold the August elections in said town, and choose, by vote, viva voce, five fit persons for Trustees, who shall be property holders in said town, to serve for one year thereafter, and until their successors are duly elected. SEC. 2. That if the citizens of said town shall, at any time hereafter, fail to have an election on the day appointed in

this act, that then, and in that case, the Clerk, or any of the Trustees, may, by giving ten days previous notice, have an election held for Trustees, which shall be as legal as though it was held on the day herein appointed.

SEC. 3. That the Trustees of said town shall appoint a Surveyor of the streets and roads, which the inhabitants of said town are now required by law to work and keep in repair; and said Surveyor shall continue in office for one year, and shall have the power to require the titheables to work the rcads and streets which the inhabitants are required to work and keep in repair, as often, and as many days in each year, as may be necessary to keep the same in repair; or the Trustees may levy a poll tax of seventy five cents on each tytheable required to work said roads and streets, for each day required to work said roads, &c: Provided, That each tytheable shall have the right to pay his tax in labour, at the rate of seventy five cents per day: And, provided further, That if any one required to work said roads and streets, shall fail or refuse to work or pay his tax, when called on by the Surveyor, in that event said Surveyor shall have the right to sue, before any Justice of the Peace, and recover the sum of one dollar and fifty cents-one half to the use of said roads and streets, and the other half to the use and benefit of said Sur veyor: And, provided further, That the payment of seventy five cents shall be considered as an equivalent to a day's work, on the streets or roads.

SEC. 4. That the Surveyor, appointed by said Trustees, shall, when called on by said Trustees, give an account, on oath, of all the moneys received by him in lieu of the labour required by the tytheables in said town.

SEC. 5. That said Trustees shall have power to tax shows or exhibitions of any kind, that may be exhibited within half a mile of the public square in said town, any sum not exceeding ten dollars.

SEC. 6. That in lieu of the tax now authorized to be collected in said town, the Trustees, (a majority of them concurring therein,) shall have the power to levy, and have collected annually, a tax on the property of said town, now subjected to taxation by the revenue laws of this Commonwealth; and shall have power to levy and collect, annually, a tythe tax on the tythes of said town, provided it shall not exceed fifty cents on each tythe, and twenty five cents on each hundred dollars worth of property in said town, to be appropriated and laid out by them for the improvement of said town.

1838.

Powers of Trustees.

Duties of Surveyor.

May tax

shows, &c.

tax.

May levy a

May pass by.

SEC. 7. That the Trustees of said town shall have full power and authority to pass and enforce all by-laws by them laws. made, for the government of said town and citizens thereof: Provided however, that they be not contrary to the laws and constitution of this State.

SEC. 8. That whenever it may be made appear to the Trustees, that a majority of the lot holders on any street,

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square, side of a street or square, in said town, wish the saíd walks graded and paved at least six feet wide, with brick or flat stone, it shall and may be lawful for the Trustees of said town to levy and impose such tax upon the owner, or owners, of lots upon said streets, squares, side of streets or squares, as may be proposed to be paved, a suficient amount to complete the same, in such manner as the Trustees may direct: Provided, That in levying the said tax, they shall ap portion the same among the respective lot holders upon the streets, squares, side of streets or squares, proposed to be paved and graded, according to the extent of ground each of said lot holders may own fronting upon said street or square.

SEC. 9. That the said Trustees shall have full power and authority to collect and enforce the payment of said tax, for the purpose aforesaid, in the same manner that other taxes are made collectable in said town.

SEC. 10. That all acts, or parts of acts, coming within the purview of this act, be and the same are hereby repealed. Approved January 8, 1838.

CHAP. 530.-AN ACT for the benefit of Mary Elizabeth Soph, an infant orphan of the City of Louisville.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the name of Mary Elizabeth Soph, an infant orphan of the city of Louisville, and who has been adopted by Christian William Sudholtz, of the said city, be and the same is hereby changed to Mary Elizabeth Sudholtz; and the said Mary Elizabeth is hereby made capable, in law, of inheriting estate, real and personal, from the said Christian William Sudholtz, as fully and as perfectly as though she were the lawful child of the said Christian William.

Approved January 8, 1838.

ers.

CHAP. 531.-AN ACT more particularly to define the County line between the Counties of Lewis and Greenup.

WHEREAS, doubts have arisen as to the correct line between the counties of Lewis and Greenup-for remedy whereof,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William Dupuy and George W. Darlington, of the county of Greenup, and Thomas Veitch Commission and James McCallister, of the county of Lewis, shall be and they are hereby appointed commissioners, for and on behalf of their respective counties, to mark and define that part of the line, between said counties, which commences on the Ohio river, opposite the mouth of the Big Scioto river, and

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