SEC. 6. That the place of voting in the election precinct, now held at the house of George Isham, in the county of Perry, be, and is hereby, changed to the store house of Robert Brashear, at the mouth of Leatherwood creek. Approved February 7, 1845. 1845 CHAPTER 162. AN ACT to give to the holders of Kentucky Land Warrants further time to have surveys made under the same, and to return plats and certificates of survey to the Register's Office. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the further time of two years, from and after the passage of this act, is given to all persons who may have entered vacant and unappropriated lands in this Commonwealth, previous to the first day of August, 1835, by virtue of Kentucky Treasury Warrants, to have the same surveyed, or may have had surveys made by virtue of any such warrants, since the first day of August, eighteen hundred and thirty five, to return to the Register's office plats and certificates thereof; and the Register may, and he is hereby required, to receive into the office ail such plats and certificates, and to receipt for, and issue patents by virtue thereof: Provided, That no such patent shall be valid against any entry, survey, or patent, made or granted prior to the passage of this act. Approved February 7, 1845. Further time allowed. Proviso. CHAPTER 164. AN ACT prescribing the duties of Agents appointed to sell Forfeited Lands, and applying the proceeds of sales to the Sinking Fund. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Auditor, Attorneys or Agents, appointed to sell lands declared to be forfeited for the non-payment of taxes and charges due thereon, when the amount due to the State shall be bid to them, cry the same, who will take the least number of acres, and pay the amount due the State; and the Attorney or Agent shall specify the particular end or side of the survey was sold; the figure containing the quantity shall be ascertained by parallel lines with the lines of the survey of which the part sold is taken, beginning on the end or side of the survey, as designated by the Agent or Attorney at the time of sale; a certificate shall be given by the Agent or Attorney selling the same, on which the land sold shall be described. SEC. 2. It shall be the duty of the Agents or Attorneys selling, to return to the Second Auditor a list of all lands by them sold, together with a list of such lands as were not sold, for want of bids to an amount due the State of Kentucky, which Duties of Auditor, At torneys, and Agents. Agents and Attorneys to return lists to Auditor. 1845 lists shall be recorded by the Second Auditor, in some well bound book kept by him. SEC. 3. That all sums received by said Agents, Attorneys, Sales paid in or the Second Auditor, for the sale or redemption of lands deaid of Sinking clared forfeited to the Commonwealth, shall be paid into the Treasury, and placed by the Treasurer to the credit of the Sinking Fund: each Agent or Attorney shall report to the Second Auditor the amount by him received. Fund. forward circular to Agents. fered. What quan SEC. 4. It shall be the duty of the Second Auditor to forAuditor to ward, forthwith, to each Agent or Attorney, appointed by him to sell forfeited lands, a circular containing a copy of this act. SEC. 5. That in making the sales authorized by this act, the What land Agent or Attorney shall first offer for sale such part of any is to be first of- tract of land, forfeited, as aforesaid, the title of which shall remain in the person who was the owner of the land at the time the taxes accrued on the same, and shall sell only so much of tity to be sold. the land, in the hands of his vendee, as may be necessary to pay the balance due for such taxes, after deducting the amount of the first sale, as foresaid. That where there are more than one vendee, the residue of the taxes remaining, after the first sale, shall be apportioned amongst the vendees, in proportion to the quantity held by each; and so much of the land, held by each of said vendees, as may be necessary to pay the residue of the taxes, as aforesaid, shall be sold, and no more. Approved February 7, 1845. CHAPTER 172. AN ACT to change the county line of Washington and Marion county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the division line between the counties of Washington and Marion, be so altered as to include the house and farm of William T. Hamilton in the county of Marion. Approved February 7, 1845. tices. CHAPTER 173. AN ACT to amend the charter of the Louisville and Elizabethtown Turnpike SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, when complaint is Complaint may be made made to two Justices of the Peace, that any part of the Loubefore two jus- isville and Elizabethtown Turnpike Road, upon which toll is Duty of the charged, is out of repair, it shall be the duty of the person person making making complaint, to file his causes in writing, in which, the complaint. place or places out of repair shall be set forth. Upon filing Duty of the such information in writing, the Justice shall issue his warrant, in which, shall be copied, the written information, com Justices. 1845 manding the President and Managers of said company to appear before himself and one other, or any two Justices of the Peace, to respond to the charge. Service of said warrant on the President of the Board, if complaint be made in the county where he may reside, or upon two of the Managers, where the President does not reside in the county where complaint President, &c. is made, shall be deemed a good and valid service. SEC. 2. If, upon hearing the cause, the Justices before whom the said wairant may be tried, shall be of opinion that said road is not in repair, and the public convenience demands that the same should be repaired, they shall cause an order to be made and served as aforesaid, commanding that said road shall be forthwith repaired. And should said President and Managers fail, for the space of twenty days, to put said road in repair, having the means to do so, said Justices shall issue their order, directing that no tolls shall be collected at the nearest gate to that part of said road out of repair until the same is repaired. Service on May order road to be re paired. If road is not repaired Justices to order no tolls shall be collected. President, &c. may be called on to testify as to the means of the company. Part of the 17th section of incorporation repealed. Tolls to be SEC. 3. That with a view to ascertain the means of said company, a summons may issue against the President, all, or any one of the Managers, the Treasurer, Receiver, or any toll gatherer, who may be called on to testify, on oath, as to the means of said company. That so much of the seventeenth section of an act, incorporating said company, as conflicts with the foregoing provisions, be, and the same is hereby, repealed. SEC. 4. That the President and Managers of said company, elected at the next annual election held for the election of the officers of said company, shall, by the order of said Board, be authorized to apply the tolls received at the gates established on said road, within the county of Hardin, to the applied to the completion of that part of said road lying between the two McAdamized parts of the same. And upon the said Board making such order, applying as well the tolls to which individual stockholders are entitled, as those of the State, the said Managers may so apply the State's portion. And it shall be their duty, in June and January, to make a report to the President of the Board, or Superintendent of Internal Improvement, who shall, upon the books, enter the same, as stock subscribed in said road, at the rate of one hundred dollars per share: Provided, however, That such application of the tolls shall not continue for a longer period than three years. completion of road. Make report in June and January. President of the Board to enter report. Proviso. May receive and from who. SEC. 5. That the President and Managers may, at any time, receive subscriptions of stock from the County Court of subscriptions, Hardin, or private individuals, payable as may be agreed upon by the subscriber or subscribers of stock and said President and Managers, to aid in the completion of the incomplete part of said road. SEC. 6. That the said company shall have the further time Further time of ten years, after the expiration of the time now fixed by law, to complete said road. allowed to complete the road. 1845 SEC. 7. That should any person force his way through any gate on said road, or pass without paying his toll, when dePenalty for manded by the gate keeper, he shall forfeit and pay the sum failing to pay of one dollar, for each gate he may so pass: and with a view to trial, mesne and final process may issue to any county in the Commonwealth, returnable to the county in which such person may have so passed through the gate or gates. toll, and how collected. SEC. 8. Be it further enacted, That all dividends for the Covington & term of three years from the passage of this act, declared by Lex'gton road the Covington and Lexington Turnpike Road Company, shall dividends ap- be used by the Board of Directors having charge of the said plied to continuing said road, for the purpose of continuing and completing the same: road. Proviso. rectors. Provided, That the assent of a majority of individual and corporate stockholders shall be first had. And for the purpose of ascertaining the wishes of said individual and corporate stockholders, the Board of Directors are hereby directed to call a meeting of said stockholders, in the City of Covington and Georgetown, on or before the first day of July next, at which meeting, a poll shall be opened under the supervision of two Judges and a Clerk, appointed by said meeting. And in taking the votes of the said stockholders, the same rules and regulations shall be observed, as are required by the charter of said company, in the election of President and Directors. SEC. 9. That it shall be the duty of the Board of Directors Duty of the to give at least thirty days public notice in all the newspapers Board of Di- published in Covington, two papers in Cincinnati, and one in Lexington, of the time and place of holding said meeting; and if, upon counting the votes cast at said meeting, a majority thereof shall be found to be in favor of appropriating the dividends as provided for in this act, it shall take effect, but not otherwise. SEC. 10. Be it further enacted, That in addition to the tax Additional now levied and collected in Mason county, for road purposes, two cents on each one hundred dollars in value of taxable property of said county, shall be collected by the proper officers, to be applied under existing laws, to the repair and improvement of the roads in said county. road tax allowed in Mason county. Approved February 7, 1845. Property reserved from execution. CHAPTER 174. AN ACT to reduce into one the several acts exempting property from Execution, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, from and after the passage of this act, there shall be reserved to each and every defendant or defendants in execution, attachment for debt, or fee bill, the following property, to-wit: one work beast, or yoke of oxen; one plough and gear; one axe; one hoe; two cows and calves; two beds, bedding and furniture; one loom, and spin ning wheels and cards for the same; all the spun yarn and manufactured cloth and carpeting manufactured by the family, necessary for the use of the family; one pot; one oven; half dozen plates; half dozen cups and saucers; one coffee pot; one tea pot; half dozen knives and forks; one table; the family bible; one saddle and its appendages; one bridle; six chairs, not exceeding eight dollars in value; poultry of their own rearing, or purchased for family use; five head of sheep, and wearing apparel: and to a mechanic, his tools, not exceeding one hundred dollars in value: Provided, however, That the work beast of any mechanic, who claims the exemption of his tools, under the provisions of this act, shall be liable to execu tion, attachment for debt, or fee bills, as heretofore. SEC. 2. That when any officer in this Commonwealth shall receive any execution, attachment for debt, or fee bill, for collection, after he shall have made a levy, and before he proceeds to sell, (if he shall have levied upon any of the following property,) he shall first call upon two disinterested housekeepers, who having been duly sworn by said officer faithfully to discharge the duty, shall set apart to said defendant or defendants, as much provision, including bread stuffs and animal food, and as much wood, or stone coal, laid in for family consumption, as fuel, as will be sufficient for said defendant or defendants, and his, her or their family or families, for six months from and after the time of said levy; which provision, wood or stone coal, so set apart, shall not be sold, but shall be exempt from sale, and reserved for the use of the defendant or defendants, and his, her or their families: Provided, That this act shall not extend to any but actual bona fide housekeepers with a family, and that all the property aforesaid, shall remain subject to the payment of the revenue tax and county levy. SEC. 3. That whenever, hereafter, any person in this Commonwealth shall die intestate, leaving a widow, none of the property mentioned in the first section of this act shall be sold by the administrator of such intestate's estate; and there shall also be exempt from sale, by said administrator, a sufficiency of provisions, including bread stuff and animal food, of the estate of such intestate, to sustain said widow and infant children of decedent, if any, residing in the family, for the term of one year; and if there be not a sufficiency of provisions on hand for that purpose, then there shall be reserved from sale, by said administrator, so much of the live stock, suitable for that purpose, and of the growing crop, if any, as may be necessary to supply the deficiency, which shall be set apart by the Commissioners appointed and sworn to appraise said estate, and the said property mentioned in the first section of this act; and the said provisions, so set apart for said widow, shall vest in said widow, for the use and benefit of herself and the said infant children, if any, residing in the family. SEC. 4. Be it further enacted, That should any of the articles herein exempted, be levied upon by any officer, the de |