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a condition that the said commissioner shall truly and faithfully execute the powers granted him by this act, as it respects any sale made by him by virtue thereof, and shall from time to time well and truly pay all the money he may receive for the sale of any part of said estate over to the administrators; which money, when received by them, shall be considered as assets in their hands for the payment of the debts duc from said estate; and upon any breach or breaches of the condition of said bond, said commissioner and his securities shall be liable to a suit or suits on said bond to the party or parties aggrieved, in any court having jurisdiction of the same.

CHAP. CCLVII.

An ACT to provide for copying certain records of
Fayette County which were saved, when the late
Quarter Session and County Court offices were
burnt, and to declare the validity thereof.

APPROVED January 31, 1818.

1. BE it enacted by the General Assembly of County court the Commonwealth of Kentucky, That the county to appoint a court of the county of Fayette shall have power, person to co- and it shall be their duty, to appoint some fit and py them.

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an oath.

qualified person to copy into bound books, to be provided by him for that purpose, the records now remaining in the office of the said county court which were preserved from fire when the quarter session and county court clerks' offices of said. county were burnt in the year 1803.

§. 2. Be it further enacted, That the person so Clerk to take appointed shall, before he enters on the duties of his appointment, subscribe to and take an oatli before some justice of the peace for Fayette county, faithfully to discharge the duties enjoined on him by this act; a certificate, ofwhich oath shall be lodged by the person so appointed in the clerk's office of the said Fayette county court within ten days of the date thereof, and by said clerk be forthwith recorded.

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$3. Be it further enacted, That the person so His duty. appointed shall make out a correct copy of the said records as they now are within twelve months of the date of his appointment, and whilst he is copying the same shall have the use of the clerk's office of the said county court; and after he shall have discharged said duty, he shall make report thereof to the said county court, whose County court duty it shall be, at its first or second term thereappoint commissionafter, to appoint three commissioners out of its ers to comown body to examine, collate and compare the pare. said copy with the said original records; and when the said copy shall be so examined, collated and compared with the said original records, and its correctness ascertained, the said commissioners shall make out a certificate of the same under their hands and seals, which shall be attested by the person so appointed to copy the said records ; and the said commissioners shall then deposit the said original records and copy in the office of the clerk of the Fayette county court.

Compensation to com

And to the

$4. Be it further enacted, That the said commissioners shall each receive for their services two dollars per day for every day in which they missioners. shall be actually employed in examining, collating and comparing the said records with the copy herein authorised to be made; and the person appointed as herein authorised to make out said copy, shall receive for his services five cents for clerk, every hundred words so copied; which, together with the price of the books in which said records shall be copied, shall be certified by said county court to the Auditor of Public Accounts, who shall, upon the reception of an attested copy thereof, issue warrants on the treasurer for the

same.

5. And be it further enacted, That the copy Copies admitmade out as aforesaid, shall have the same force, ted as evi credit and validity as the said originals had; and dence. that any copy or copies therefrom, duly attested, according to the ordinary forms of law, by the clerk of the Fayette county court, shall have the same force, credit and validity which any copy or copies of records emanating from any clerk's

office in this commonwealth, now have, in all courts of law and chancery whatever.

Preamble.

warrant for

150 acres of land.

CHAP. CCLVIII.

An ACT for the benefit of John White.

APPROVED January 31, 1818.

WHEREAS it is represented to the present general assembly, that John White, of the county of Estill, is very poor, has a wife with several children, and has been a cripple for many years, who is now living on vacant land and unable to pay the state price for the same: For remedy whereof,

Be it enacted by the General Assembly of the Register to Commonwealth of Kentucky, That the Register issue him a shall issue a warrant for one hundred and fifty acres of land unto the said John White, without his paying the state price therefor; and in all other respects it shall be lawful for the said John White to carry into grant the said one hundred and fifty acres of land, including the place whereon he now lives, with the exclusive privilege of locating the same under the provisions of the law of eighteen hundred and fifteen, or other laws of this commonwealth for the appropriation of the vacant lands of the same; and the Register of the land-office shall issue a grant upon the return of the plat and certificate of survey of the said one hundred and fifty acres of land to his office by the surveyor of Estill county, vesting the legal title of the said land in the said John White: Provided however, that nothing herein contained shall impair any title either in law or equity now exising in any person or persons whatsoever.

CHAP. CCLIX.

An ACT authorising the extension of certain streets in the Towns of Louisville and Georgetown. APPROVED January 31, 1818.

WHEREAS it is represented to the present general assembly of the commonwealth of Ken- Recital. tucky, that in the plan of Louisville a slip of land, claimed as private property, intervenes between the half acre and five acre lots in said town, running the whole length east and west, by reason whereof there is no communication between the half acre lots and five acre lots; and that the streets of said town, except three of them, are not extended through the said slip of land or through the five, ten or twenty acre lots, to the great inconvenience of the inhabitants of said town and persons coming to the same: Wherefore,

1. Be it enacted by the General Assembly of the streets may Commonwealth of Kentucky, That whenever the be extended trustees of Louisville, or a majority of them, in Louisville. shall deem it proper to extend any of the cross streets of said town through the said slip of land and the five, ten and twenty acre lots of said town to the southern limits thereof, it shall be lawful for them, by petition addressed to the county court of Jefferson county, to apply to said court for that purpose; which petition shall state the cross street intended to be extended, and the name of the person or persons, if known, claiming the slip, the five, ten and twenty acre lots through which it is proposed to extend said cross streets; whereupon the said court shall direct their clerk to issue a summons against all the proprietors or claimants named in said petition or report, to shew cause, if any they have, at the next suceeding term of said court, why the said cross street shall not be extended through the said slip of land, five acre lot, ten and twenty acre lots to the southern limits of said town; which summons shall be executed on all the proprietors or claimants aforesaid who shall be known and who shall reside in the county of Jefferson, or upon the known agents of any of them who do not reside

in said county. Upon the return of said summons executed at the next term of said court as aforesaid, any of the said proprietors or claimants of said slip of land, five, ten and twenty acre lots, or any of them, may claim a writ of ad quod damnum to ascertain the damage which may accrue to him, her or them by reason of the extension of said cross street through his, her or their land; which writ shall be issued, directed, executed and returned in like manner as such writs are under the laws for the establishment of roads.

§2. Be it further enacted, That upon the return of such summons executed as aforesaid to the next term of the said court as aforesaid, if none of said proprietors or claimants shall then apply for a writ of ad quod damnum, the court shall then make an order that said cross street shall be extended the same width through the said slip of land, the five, ten and twenty acre lots to the southern limits of said town; and if any of the said proprietors or claimants shall, at the return of the sunmons aforesaid, have applied for a writ of ad quod damnum as aforesaid, upon the return of said inquest at the succeeding term of said court, the said court shall in like manner make an order that the said cross street be extended through the said slip of land and the five, ten and twenty acre lots to the said southern limits of said town; and also make an order that the trustees of said town shall pay into court, for the use of said proprietors and claimants respectively, the sum or sums of money assessed by the jury; and whenever the said sums of money shall be paid into court by the said trustees, agreeably. to the said order, the said trustees shall be invested with as full power to extend the said cross street, by removing obstructions, and by other means, as they have with regard to the other streets of said town; and the said cross streets so extended shall be under the jurisdiction of the said trustees as fully and completely as the other streets of said town now are.

3. Be it further enacted, That whenever the proprietors or claimants of the slip of land, five,

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