216 1837. Rules of equity to govern. sation of work thereon, by order of him, her or them against whom the lien is sought to be enforced; and shall file in the Clerk's office of the Fayette county court his, her or their accounts, specifying the lien claimed by him, her or them, which shall operate as notice to the world of such lien, and that no lien shall exist in favor of any person or persons in virtue of this act, who shall not have filed such account within the time aforesaid, or proceed by suit to enforce said lien, in which latter case the lis pendens shall be construed to commence from the time of filing the bill. SEC. 6. And be it further enacted, That the rules of equity, for the time being, for the enforcement of leins, and the settling of priorities, shall govern in cases arising under this act, both as to all persons claiming liens in virtue hereof and other claimants. Approved, February 16, 1837. CHAP. 319.-AN ACT for the benefit of Eliza H. Green. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Eliza H. Green is hereby absolved from all the obligations and disabilities consequent upon her intermarriage with George S. Green, and restored to all the rights and privileges of an unmarried woman. Approved, February 16, 1837. CHAP. 320.--AN ACT for the benefit of Seth Botts, Jun3r. Be it enacted by the General Assembly of the Commonwealth of Kentucky That Seth Botts, jun. is hereby released from all the obligations and disabilities consequent upon his intermarriage with his late wife, Ellen D. and restored to all the rights and privileges of an unmarried man. Approved, February 16, 1837. CHAP. 321.--AN ACT to amend an act to provide for the improvement of the road from Franklin county to Crab Orchard, in Lincoln county, approved, February 17, 1836. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of each of the Duty of the Commissioners of the tax, in the counties of Franklin, Anderson, Mercer, and Lincoln, upon being notified that the county court of his county has authorized a subscription of stock to the turnpike road, in said county, according to the provisions of the act to which this is an amendment, to prepare a column Commissioners of tax. in his tax book, and, in making out a list of the taxable property of his county, set down therein the aggregate value of the land and slaves of each individual of his county, subject to - taxation; and he shall continue to do so each succeeding year, until the stock subscribed for by order of the said county court shall be fully paid for. SEC. 2. Be it further cnacted, That the Sheriff of the county, in the months of April or May, of each year that collections may be authorized, under the provisions of the above recited act, shall enter into bond and security, before the county court of his county, in such penalty as they may think reasonable, payable to the Commonwealth of Kentucky, with a condition that he will collect, upon the valuation of the land and slave property of his county, as aforesaid, the amount required by the order of the said county court to be collected that year; and that he will pay the same to the person or persons to whom payment may be directed by said county court: Provided, That he shall not be compelled to make said payment before the first day of October of that year: And provided further, That the county court of said county, may order a credit for such amount as the Sheriff may be unable to collect, on account of the insolvency, or removal from his county, of any individual from whom collections are to be made. Judgment may be rendersheriff SEC. 3. Be it further enacted, That, in case the said Sheriff fails or refuses to pay the money collected by him as aforesaid, the county court of his county may enter judgment therefor, ed vs. upon motion against him and his securities, in favor of the per- for failing to son authorized to receive the same, with such damages as the pay. said court may direct, not exceeding ten per cent. on the amount; and execution shall issue, and be executed by the Coroner of the county, as in cases now authorized where the Sheriff is interested: Provided, That ten days' notice shall be given to the said Sheriff and his securities, of said intended motion: And provided further, That, for good cause shown, the said motion may be continued by said court until the succeeding court. SEC. 4. Be it further enacted, That the Sheriff shall, in making collections under this act, in all respects be governed by the rules and regulations, and shall have the same power and authority that Sheriffs now have, by law, in the collection of the revenue tax of this Commonwealth, and he shall be entitled to the same compensation for said collection.. Approved, February 16, 1837. Power the sheriff. of CHAP. 322.--AN ACT for the benefit of the Union county court. May sell part of publie SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county court of Union county (a majority of all the Justices of the Peace of said county concur- ground. 1837. And credit. ring therein) be, and the same are hereby empowered and aus thorized to sell all, or any part of the northeast end of the public ground, in the town of Morganfield, either at public or private sale Provided however, They shall reserve and leave ground sufficient for a street, forty five feet wide, on the northwest side of said public ground, to run between said ground hereby authorized to be sold and the property owned by Henry Paine; and said street is to run on the same ground that the alley now occupies, leading from M'Elroy's street to Morgan's street; and said court may continue said street, across Morgan's street, to where the same shall strike the next street, opposite the property owned by James R. Hughes: And provided, also, That said court shall reserve and leave a street, sixty feet wide, from Main street to where the first proposed street is to start, which is intended to divide the ground herein directed to be sold, and the lot owned by the heirs of Joseph R. Delany. SEC. 2. Be it further enacted, That said sale shall be made on a credit of one, two, and three years, taking bond and suffiupon cient security from the purchaser or purchasers, or a lien or mortgage on the property, so as to secure the purchase money; which bond or mortgage shall be made payable to the Justices *of the Union county court: and the proceeds arising from said Proceeds how sale shall be applied, by the said court, to the extinguishment applied. of the debt already created and contemplated, in the repairs and improvements of the public buildings of said county; and the residue thereof shall be applied as said court shall hereafter direct. County court may convey. SEC. 3. Be it further enacted, That when said sale, or sales, shall have been made, a majority of said Justices of the Peace of said county be, and they are hereby authorized to convey said ground, by deed or deeds, to the purchaser or purchasers, with clause of warrantry, warranting and defending the title thereof, against themselves and their successors, forever, to the said purchaser or purchasers, their heirs, &c.; and the said deed or deeds, so made, shall vest the absolute right and title thereof, in fee simple, to said purchaser or purchasers. Approved, February 16, 1837. CHAP. 323-AN ACT to amend an act concerning the Town of Bowlinggreen. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the act concerning the town of Bowlinggreen, approved, February 29, 1836, as requires the Chairman and Trustees of said town to be freeholders, is hereby repealed; and, in addition to the persons who, by said act, are permitted to vote for said officers, any free white person, above the age of twenty one years, and who is the owner of any lot, or part of lot, in said town, shall be en titled to vote for said officers, whether he reside in said town or not. SEC. 2. That, until a work house or watch house shall be erected or procured by said Chairman and Trustees, the jail for Warren county may be used instead thereof. Approved, February 16, 1837. 1837. CHAP. 324-AN ACT to alter the terms of the Henry circuit court, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Common wealth of Kentucky, That the several terms of the Henry circuit court shall hold but six juridical days instead of twelve, as now allowed by law; and that the spring term of the Shelby circuit court shall commence on the third Monday in April, instead of the fourth Monday, as now required by law. SEC. 2. Be it further enacted, That the February term of the Lincoln county court, after the present year, shall be held on the second Monday in February, in each year; and afl laws coming within the provisions of this act are hereby repealed. Approved, February 16, 1837. May raise money by lot tery. To give bond and security. CHAP, 325.-AN ACT for the benefit of the Shelby College. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for James Bradshaw, Samuel Tevis, John Lane, James F. More, and Henry Radford to raise, by way of lottery, in one or more classes, as to them may seem expedient, any sum not exceeding one hundred thousand dollars, to be appropriated for the use and benefit of the Shelby College; and the said Managers, or such of them as may think proper to act, shall, before they enter upon the duties assigned them by this act, enter into bond, in the county court of Shelby, in the penalty of one hundred thousand dollars, conditioned for a faithful discharge of the duties enjoined on them by this act; and said hond may be sued on, in the name of the Commonwealth of Kentucky, for the use and benefit of any person or persons injured by a breach of the conditions of said bond; and it shall be the duty of said Managers, within ninety days after the drawing of said. lottery, or any class thereof, to pay, or cause to be paid, to the fortunate person or persons holding the ticket or tickets, all such prize or prizes as may be due, agreeably to the scheme which they, the said managers, may agree upon and publish: Provided, however, That such scheme shall not reserve more than twenty per cent.; said Managers shall have the right to be reserved. appoint a Clerk or Clerks, and any other officer necessary to Per cent. to conduct said lottery; all of whom, before they enter upon the respective duties assigned them by the Managers, take an oath, before some Justice of the Peace, faithfully and honestly to discharge the same. SEc. 2. Be it further enacted, That said Managers shall, within ninety days after the drawing of said lottery, or any class thereof, pay over to the Trustees of the Shelby college, all sums of money which may be due, in consequence of the drawing of said lottery, after all prizes shall have been paid. SEC. 3. Be it further enactet, That the said managers shall be, and they are hereby authorized to sell and dispose of the scheme, or any class or classes of said lottery, to any person or persons, who shall enter into bond, with good security, conditioned well and faithfully to comply with all the terms and conditions of this act, payable to the Commonwealth of Kentucky; which bond, or bonds, shall be received by said Managers, and be by them filed in the said Shelby county court, before said lottery, or any class or classes thereof, shall be drawn: And provided, also, That such sale, or sales, shall not be made of any class or classes, for less than ten per cent. on the amount proposed to be drawn: Provided further, That nothing in this act contained,. shall be so construed as to repeal any provision of the general law of this Commonwealth against selling or vending lottery tickets within this State. Approved, February 16, 1837. estate. CHAP. 326.--AN ACT for the benefit of the administrators of Talbert Thomas, deceased. WHEREAS, It is represented to the General Assembly of this Commonwealth, That Talbert Thomas departed this life intéstate, and left behind him a wife and several infant children, and that he owned, at his death, several tracts or parcels of land, lying in the county of Monroe, in this State, together with personal estate; all of which has been sold (except said land and the negroes of said Thomas) by his administrators, viz: Samuel Thomas and Harmond Howard, the proceeds of which have been applied by them to the payment of said Talbert's debts, but which falls far short of paying the same-Wherefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said administrators may, provided May sell real they think it beneficial to the heirs of said Talbert, file their bill in chancery, in the Monroe circuit court, praying for a sale of so much of said land as will be of sufficient value to pay the balance of said Talbert's debts, and, upon the final hearing thereof, the said court may, if it shall believe the sale of said land will redound to the benefit of the heirs of said Talbert, decree a sale thereof, to be made at such time, and upon such |