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der any of the laws of Virginia or this commonwealth.

Recital.

CHAP. CCXXIII.

· An ACT for the benefit of John Winders and John

Evans.

APPROVED January 30, 1818.

WHEREAS a land-office warrant, No. 226, issued from the register's office of this state, on the 8th day of December 1815, in the name of William Moore, for 30 acres of land, on which he has caused a survey to be made, and has assigned said warrant and survey to John Winders; but the same will not be received by the register, because the survey includes a less quantity than 50 acres For remedy whereof,

§ 1. Be it enacted by the General Assembly of Register to the Commonwealth of Kentucky, That the register receive and of the land-office be, and he is authorised register plat. and directed to receive and register the said plat and certificate of survey for 30 acres, and issue patent thereon as in other cases, any law to the contrary notwithstanding.

Recital.

receive

Evans' plat.

T a

And whereas it is represented to the present general assembly, that John Evans, of Rockcastle county, some time since, caused a survey to be made of 20 acres of land, by virtue of a Kentucky land-office treasury warrant, and caused the same to be recorded in the surveyor's office of said county, but the same will not be received by the register of the land-office: For remedy whereof,

§2. Be it further enacted, That the register of Register to the land-office be, and he is hereby required to receive into his office said plat and certificate of survey, and register the same, and issue a patent to the said Evans as in other cases, any law to. the contrary notwithstanding.

429

CHAP. CCXXIV.

An ACT to establish and regulate the Town of
Fairfield, in Nelson County.

APPROVED January 30, 1818.

estab

1. BE it enacted by the General Assembly of Town of Fairs the Commonwealth of Kentucky, That twenty acres field of land, the property of the heirs of John Bodine, lished. deceased, lying in the county of Nelson, and called Turkey Town; beginning at a stake; thence north 30 degrees west 50 poles to a stake; thence south 10 west 64 poles to a stake; thence south 30 east 50 poles to a stake; thence north 10 east 64 poles to the beginning; be, and the same are hereby vested in James L. Morrison, Archibald Pitt, Abner King, William N. Roberson and Trustees ap James Spalden, gentlemen trustees, to be by them, pointed. or a majority of them, laid out into lots, with convenient streets and alleys, and shall be established a town by the name of FAIRFIELD.

§ 2. So.soon as said twenty acres of land shall be laid off into lots, streets and alleys, the trustees, or a majority of them, shall proceed to sell the same at public auction, for the best price that can be had; the time and place of which sale being first advertised at the court-house door in Bardstown, three weeks previous to the sale. And said trustees, or a majority of them, shall convey the lots to the purchasers in fee, and pay the money arising from the sales thereof to the heirs of John Bodine, deceased.

Lots to be

sold.

Powers of trustees.

63. The said trustees, or a majority of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the lots, and to establish such rules and regulations as they may think best, and to enact and enforce such by-laws or regulations as they may from time to time think best for the government of said town; also choose a clerk, whose duty it shall be to keep a record of their proceedings. §4. In case of the death, removal out of the Vacancies in county, or other legal disability of any oné ei board more of the said trustees, it shall be lawful for the remaining trustees to elect others in their room; and the persons so elected shall have the same

filled.

how

430

power and authority as if particularly named in this act.

CHAP. CCXXV.

An ACT to regulate the Town of Perryville,

APPROVED January 30, 1818.

1. BE it enacted by the General Assembly of

Inhabitants to the Commonwealth of Kentucky, That the free elect trustees male inhabitants of the town of Perryville, and

those residing within one half mile of said town, are hereby authorised and required to meet at some convenient house in said town, on the first Saturday in May next, and on the same day in every year thereafter, (which house shall be designated by the judges of the election to be held in said town) for the purpose of electing five trustees for the government of said town; which Their powers said trustees, or a majority thereof, shall be sufficient to form a board, and shall be authorised to make any by-laws for the government and regu lation of said town, as to them may seem right,. not inconsistent with the constitution and laws of this commonwealth. They shall have full power, to use coercive measures for the improvement of the lots in said town, agreeably to the terms of sale, as the present trustees of said town now pos

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$2. Be it further enacted, That the said trusMay impose tecs, or a majority of them, shall have full power

taxes.

and authority to impose a tax annually on the persons and property, both real and personal, within the limits of said town, not exceeding twenty-five cents on each tithe, and one dollar on every thousand dollars worth of property contained within the limits of said town; which lists of persons and property shall be rendered by the owners thereof, in the same manner as is required for the county levy and state revenue, and on the same day of the year.

3. Be it further enacted, That the said trus Appoint tees shall appoint their clerk and cashier, and any clerk and other officers they may think proper; and the

treasurer.

said trustees, or a majority of them, shall have full power to inflict a fine, not exceeding ten dollars, for every breach of their by-laws, to be sued for and recovered in their name before any justice of the peace within the county of Mercer, and applied to the use of said town.

§4. Be it further enacted, That no person shall Qualification be elected as trustee of said town, unless he holds of trustees. real property therein, or resides within said

town, or within one half mile thereof, and shall also be above the age of twenty-one years.

Commission

5. Be it further enacted, That the board of trustees for said town may at any time they think er of tax approper, appoint some fit person, who shall reside pointed. in said town, as a commissioner, for the purpose of obtaining lists of persons and property, agreeably to the second section of this act, whose duty it shall be to obtain such lists and return the same to the said board, in such time and in such manner as the board may direct; for which the said commissioner shall be allowed such sum per day for his services as the board may think proper, to be paid out of the money collected as taxes.

$6. Be it further enacted, That the said trus- To appoint a tees shall appoint a collector, for the purpose of collector. collecting said tax, who shall enter into bond with approved security in double the sum to be collected, to perform all the duties required of him by this act, and shall moreover take the following oath, to wit: "I do solemnly swear, that I will faithfully and truly collect all taxes put into my hands for collection by the trustees of the town of Perryville, so far as is in my power, and will account for the same according to law: So help me God." And the said coll/ctor shall pay over to the cashier of the board, or account for all sums put into his hands for collection; for which services he shall be allowed such compensation as said trustees may direct.

tor.

7. Be it further enacted, That in case the said Remedy acollector shall fail to pay the money collected by gainst collec him to the trustees or their cashier as aforesaid, the said trustees, upon giving him ten days previous notice in writing, may recover judgment

S

Trustees to

against him and his securities, in the county court, by motion.

8. Be it further enacted, That all monies colMoney, how lected by virtue of this act, shall be solely approappropriated priated for the benefit of said town and its officers, and that the trustees, before they act, take an oath. shall swear or affirm before some justice of the peace for said county, "to faithfully perform the duties enjoined upon them as trustees;" which oath shall be recorded by the clerk of the board. $9. Be it further enacted, That every trustee Penalty on who shall fail to attend their appointed meetings, trustees for without a reasonable excuse, shall forfeit and pay failing to at two dollars for every failure, to be appropriated

tend the

board.

cord of their

to the use of said town; which fines shall be collected upon judgment from any justice of the peace.

§ 10. Be it further enacted, That the clerk of To keep a re- said board of trustees shall preserve, in a book kept for that purpose, all orders of said trustees, and shall copy and advertise the same when required; and before he enters on the duties of his office, shall take an oath accordingly.

proceedings.

Judges of efections.

11. Be it further enacted, That any justices in and for said county of Mercer, may act as judges of the elections of the trustees of the town of Perryville, who shall have been previously nominated by the trustees last in office, or by the county court of Mercer; whose duty it shall be to see that all elections under their jurisdiction shall be lawfully and faithfully conducted.

CHAP. CCXXVI.

An ACT to explain the powers and duties of the
Trustees of Carlisle.

APPROVED January 30, 1818.

1. BE it enacted by the General Assembly of the Town of Car- Commonwealth of Kentucky, That the land which lisle establish was conveyed to the trustees appointed by the county court of Nicholas, under the provisions of an act entitled "an act for the removal of the seat of justice of Nicholas county," approved Jan

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