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lowed five cents for making a search in the late Receiver's books; and any copy properly certified from said field notes, shall be entitled to full faith and credit, as evidence in all the courts of law and chancery in this Commonwealth.

Approved February 10, 1845.

1845

CHAPTER 242.

Governor to

sons: their du

ty.

AN ACT authorizing settlements to be made with the President of the Bank of the Commonwealth, and the Board of Commissioners of the Sinking Fund. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Governor be, and he is here- appoint perby, authorized to appoint two qualified persons, whose duty it shall be, during the year 1845, to audit and settle the accounts of O. G. Cates, as President of the Bank of the Commonwealth of Kentucky, and ascertain what amount of money said Cates has received since his first election as the President of said Bank, and how he has disbursed the same: if, in the opinion of said persons, any part of the money received by said Cates have been misapplied, they shall report the same. To enable said persons to effect a settlement with said Cates, they may demand of him to exhibit an account of his receipts, verified by affidavit.

SEC. 2. It shall be the duty of said Cates to sell, at public Duty Presisale, having given reasonable notice of the time and place of dent Bank. sale, the real estate to which said Bank has the legal title, on such credits as he may deem advisable, not exceeding one and two years, reserving a lien on the land for the purchase money. Deeds made and executed according to the form of law, by said Cates, as President of said Bank, to the purchaser, shall, to all intents and purposes, vest the purchaser with such title as the State of Kentucky, or said institution has. It shall be the duty of said Cates to report to the Legislature the amount and terms of any sales effected by him: he shall also report what, in his opinion, would be the best mode to realize any thing from that portion of the debt due the Bank, now regarded as unavailable.

SEC. 4. Be it further enacted, That the persons so appointed, shall also audit and settle the accounts of the Board of Commissioners of the Sinking Fund, and allow such evidences of payment, as in their opinion would be just and proper. If payments have been made without authority of law, and not properly incident to the business transactions of the Board, or unreasonable and disproportionate allowances made for services rendered said board, either by one of their own body, or a third person, the same shall be reported, specifying the particular item, and to whom, and when paid. They shall report the gross sum of receipts and disbursements, each year, separately, dividing only the contingent expenses from interest payments in each year. They shall make reports of the set

Persons appointed to settle with Commis'rs Sinking Fund.

1845

tlements, effected under the provisions of this act, to the Governor, who shall communicate the same to the General Assembly.

SEC. 4. That the persons so appointed, shall receive adeCompensa- quate compensation for their services, to be determined by the tion, and how Governor, after the same have been rendered, whose duty it paid. shall be to certify the amount to the Second Auditor of Public Accounts, who shall draw his warrant on the Treasurer in favor of said persons, for the amount so certified, and the Treasurer is directed to pay the same out of the Treasury.

Approved February 10, 1845.

Com'rs ap

Pendleton.

Their duty.

CHAPTER 244.

AN ACT to provide for the running and marking the dividing line between the counties of Campbell and Pendleton, and between the counties of Jefferson and Bullitt, and between the counties of Jefferson and Shelby.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That David Brooks, of Bracken counpointed to run ty, and Charles Ruddle, of Grant county, together with the line between Surveyors of the counties of Campbell and Pendleton, shall, Campbell and on or before the first Monday in the month of November, 1845, proceed to survey and mark the division line between the said counties of Campbell and Pendleton: that in order to ascertain the true line between said counties, said Commissioners,' (Brooks and Ruddle,) may require said Surveyors to run any of the boundary lines of the said county of Pendleton, and hear and take proof as to any of said lines or corners; and the dividing line, aforesaid, when ascertained, shall be by them plainly marked, and shall be regarded and established as the true dividing line between said counties.

Chain carri

ers, &c.

tion.

Compensa

SEC. 2. That said Commissioners shall employ two competent men as chain carriers, neither of whom shall be selected from either of said counties, and who shall be sworn faithfully to discharge their duties as such; and said Surveyors, Commissioners, and chain carriers, shall be compensated by said counties, that is to say, said Commissioners shall be allowed $2 per day, each; the chain carriers, $1 per day, each; and the said Surveyors, the same fees allowed by law for similar services; and the County Courts of said counties shall respectively provide, in their next county levies, for the payment of one half of the costs of running and marking said dividing line.

SEC. 3. Be it further enacted, That the county Surveyors Com'rs Jel- of Jefferson and Bullitt counties, be, and they are hereby, apferson & Bul- pointed Commissioners to survey and mark that part of the county line, between said counties, which begins at the mouth of Briar creek, and runs in a direct line to Elk Lick.

litt.

SEC. 4. The Commissioners hereby appointed, shall meet at the mouth of Briar creek, on the first Monday in May next,

or as soon thereafter as convenient, and appoint two suitable persons as chain carriers: the said Surveyors and chain carriers shall then make oath, before some Justice of the Peace, in either of said counties, that they will well and faithfully run, measure, and mark, the dividing line, aforesaid, between said mouth of Briar creek and Elk Lick; shall then proceed to make said survey, and shall clearly designate the straight line between said points, by course and distance; and where there are no natural objects of a permanent character, shall erect artificial marks, by causing to be planted, at suitable points, stones, well buried and of good size, and shall make report thereof to the County Courts of said counties; in which said report they shall clearly set forth the course and distance of said line, with the natural and artificial objects of said line, and how the same are marked.

1845

Their duty

Duty of Co.

SEC. 5. The County Courts of said counties shall each enter the proceedings and reports of said Commissioners on their Courts. respective order books, and thereafter the division line of said counties shall be established, as surveyed and marked by said Commissioners.

SEC. 6. The Surveyors and chain carriers shall be allowed, for their services, such compensation as the County Courts of tion. said counties shall deem reasonable and just; and said County Courts are authorized and empowered to include the amount of such expenses in their next county levy.

AND WHEREAS, It is represented that doubts exist as to the location of some portions of the line between Shelby and Jefferson counties, and difficulties sometimes occur as to where the true line is: therefore,

Compensa

Jefferson &

Duties and

SEC. 7. Be it further enacted, That the Surveyors of Jefferson and Shelby counties be, and they are hereby, appointed Shelby Com'rs. Commissioners, to run and mark so much of the line between Shelby and Jefferson counties as the County Courts of said counties shall concur in ordering to be run and marked: and they, the said Commissioners, shall have the same powers, and perform the same duties, on so much of said line as the Coun- powers. ty Courts of the said counties of Jefferson and Shelby shall concur in ordering to be run and marked, as they are by the foregoing act directed, on the line between Bullitt and Jefferson counties: and the expenses thereof shall be jointly borne by the said counties of Shelby and Jefferson; and said counties are authorized to include such expenses as may be incurr ed in running said line, in their first county levy after the same tion. is done.

Approved February 10, 1845.

Compensa

1845

CHAPTER 248.

AN ACT concerning Joint Obligors.

WHEREAS, Doubts exist, when judgment has been rendered against a part only of the joint makers or joint obligors of a note or bond, whether another suit can be instituted against the remaining joint obligor or obligors: wherefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when a judgment shall, hereafter, be rendered against part only of the joint obligors or makers of a note or bond, which judgment remains unsatisfied, another suit may be brought on said note or bond to charge the other makers or obligors as to whom it was abated; and such judgment shall constitute no defence or plea to said suit, except by those against whom said judgment has heen rendered. Approved February 10, 1845.

CHAPTER 249.

AN ACT authorizing the improvement of Capitol Square.

SEC. 1. Be it enacted by the General Assembly of the ComGovernor monwealth of Kentucky, That, with the view of having the pubmay surrender lic grounds upon which the Capitol stands, improved, the Gov

possession to the Trustees.

Proviso.

Trustees.

ernor be, and he is hereby, authorized to surrender the_possession and control of the same, for that purpose, to the Trustees of the town of Frankfort, who may cause the same to be laid off into convenient walks, and plant trees and shrubbery therein: Provided, however, The amount which may be expended in such improvements, shall be paid out of the funds of said town, or by individual contributions, without any claim for reimbursement from the State.

SEC. 2. That in the event the Governor permits the posDuty of the session of said grounds to be taken, for the purpose indicated in the first section of this act, it shall be the duty of said Trustees, to enforce strictly, that portion of the first section of the act of December 20th, 1798, entitled, "an act for repairing and preserving the State House," as prohibits any cattle, and all other stock, from coming within the enclosure which surrounds the Capitol: and cause to be prosecuted, according to the existing laws, every person who may commit any trespass on said grounds, during the possession thereof by said Trustees.

SEC. 3. The possession hereby authorized to be given of Governor may said grounds, is declared to be, for the improvement and preservation of the same, and may be determined at the pleasure of the Governor.

determine

to possession.

as

Approved February 10, 1845.

CHAPTER 251.

AN ACT directing Tolls on Turnpike Roads to conform to the standard of
Federal Coin.

WHEREAS, Much inconvenience is felt in different portions
of the State, where there are Turnpike Roads, owing to the
Tolls being established to conform to the Foreign Coin:
Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Board of Internal Improvement, upon all Turnpike Roads in this Commonwealth, where the State is a stockholder, to so regulate the Tolls upon said roads, as to make them conform to the Federal Standard of Coin, for the United States.

Approved February 10, 1845,

1845

CHAPTER 253.

AN ACT to establish an Election Precinct in Spencer county, and for other

purposes.

Precinct in

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an election precinct be estah- Spencer counlished in Spencer county, and the place of voting therein, ty established. shall be at the house of Edrington Collins, in said county, and the County Court of said county, shall appoint the necessary officers to conduct all elections held at said precinct, who shall be governed by the laws now in force in relation to elec

tions.

SEC. 2. Be it further enacted, That there is hereby established a Chancery Term of the Washington Circuit Court, to commence on the third Monday of August, in each year, and continue six days, if the business shall require it, at which Term, all Chancery business may be done, which might be done at any regular Term of said Court.

SEC. 3. Be it further enacted, That the Fall Term of the Washington Circuit Court shall commence on the fourth Monday in October in each year.

Approved February 10, 1845.

Chancery Term of the

Circuit Court of Washington allowed.

CHAPTER 255.

AN ACT to authorize the opening of a State road from Colemansville, in Harrison county, by Falmouth, to Foster's Landing on the Ohio river, in Bracken county.

County Courts of Harrison, Pendleton & Brack

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the County Court of Harrison county, the County Court of Pendleton county, and the County Court of Bracken county, en, may apat their next April or June Term, each, to appoint one suita- point Com'rs. ble person as Commissioner, whose duty it shall be, after his their duty.

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