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and all persons who may be confined by the Justices of the Peace, or by a jury, within said town, for breaches of the peace, riots, routs and unlawful assemblies, or any other offences against the by-laws and ordinances of the said Chairman and Board of Trustees, to be employed in labor, as they may be directed, under the care and management of a person or persons appointed by said Board; persons committed shall be sent there by warrants, stating the time for which they were condemned, to be discharged by the Governor of this Commonwealth, if, in his opinion, the time of their confinement should be shortened. They shall have power and authority to appoint officers to superintend the same, in a way not contrary to the constitution of the United States, or of the State Kentucky.

SEC. 14. That if any person or persons in the town of Paducah shall presume to keep a coffee house, exchange house, tavern, grocery, or retail spirituous liquors by the small, in any way whatever, without first having obtained a license as directed, shall be fined the sum of fifty dollars.

SEC. 15. That upon the organization and qualification of said Chairman and Board of Trustees, it shall be the duty of the present Board of Trustees of said town to surrender the books, papers, and all other things pertaining to said Board and belonging to said town, to the said Chairman and Board of Trustees, who shall have power and authority to confirm the acts of their predecessors, and direct conveyances to be made, of real estate sold under resolutions of their predecessors, to the purchasers.

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All fines ap

to

benefit of town.

SEC. 16. That all taxes to be raised, and fines, penalties and forfeitures, accruing under this act, be and the same is hereby propriated appropriated for the benefit and improvement of said town. All acts and parts of acts concerning the town of Paducah, and being within the purview of this act, be and the same is hereby repealed; and this act shall be in force from and after the Chairman and Board of Trustees shall be elected.

SEC. 17. That for the purpose of recovering all penalties and forfeitures herein designated, or that shall accrue under any ordinance or by-law that may be passed by said Board of Trustees, the said Board is authorized to sue for the same before any Justice of the Peace having jurisdiction of the same, or in any of the courts of record in this Commonwealthwhich suits shall be in the name of the Chairman and Board of Trustees of the town of Paducah.

Approved February 13, 1838,

Trustees may sue for and re

cover fines.

CHAP. 805-AN ACT for the benefit of the personal representatives of William
Millen, deceased.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the administrators of William

bill.

1838.

May file a

Court may

Millen, deceased, are authorized to file a petition in the Marion Circuit Court, making the heirs of said decedent defendants thereto, and alleging the condition of the estate, the amount of debts against said estate that are yet unpaid, and that the personal estate is exhausted, and praying for the sale of a certain house and lot in the town of Raywick, in Marion county, belonging to the estate of said Millen, for the purpose of the -payment of said debts.

SEC. 2. That whenever it shall appear to said court, that the heirs of said Millen have been duly served with process, decree a sale or having filed their answers, by themselves, if of age, or their and appoint a guardian ad litem, if under age, and that the personal estate commissioner. has been exhausted, and that debts yet remain unpaid, may render a decree directing the sale of said house and lot, subject to the widow's dower, on such credit and in such manner as shall seem most advisable to said court; and appoint a commissioner to carry into effect said decree; and said court may require said administrators to give bond and security for the faithful administration of the proceeds of said sale, and the payment of the surplus, if any, to the heirs; and the said court may direct such title to be made to the purchaser or purcha sers of said estate, at such time and in such manner, as shall seem best: Provided, however, That nothing in this act shall be so construed as to prevent said court from rendering a decree thereon at the first term of said court, if it shall appear advisable, necessary, or expedient so to do.

Approved February 13, 1838.

Vacant land vested.

CHAP. 806-AN ACT to improve the roads in Logan County, and for other

purposes.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the vacant and unappropriated lands lying south of Logan county, in the territory which lies between Walker's line and the line in latitude thirty six degrees thirty minutes, north, in the State of Tennessee, be and the same is hereby appropriated to Logan county for the purpose of improving the roads and building of bridges in said county: Provided, however, That this act shall not prevent those who now hold treasury land office warrants from locating, surveying and patenting the same.

SEC. 2. That the Register of the Land office be, and he is Register to hereby authorized and required, to issue land warrants in the issue warrants name of the County Court of Logan, at any time, for such and patents. amount as the said court may require, without the State price therefor being paid, to be located south and opposite said county, between Walker's line and latitude thirty six degrees and thirty minutes, north, in Tennessee.

SEC. 3. That the County Court of Logan may appoint an agent, to locate, or to sell and assign said warrants, or any

part of the same, who shall enter into bond, with security, in said County Court, in such sum as said court may think proper, for the faithful discharge of his duty; and when such sale shall be made, and the money arising therefrom collected, the County Court shall apply the same to the improvement of such public highways or bridges in said county as they may think

proper.

SEC. 4. That when any survey shall be returned to the Register's office, the Register of the Land Office is hereby directed to register the same, and issue patents therefor without fee or charge. Approved February 13, 1838.

1838.

County court may appoint an agent.

CHAP. 807-AN ACT to legalize the proceedings of the President and Di rectors of the Augusta, Cynthiana and Georgetown Turnpike Road Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the actings and doings of the President and Directors of the Augusta, Cynthiana and Georgetown Turnpike Road Company, which was done at a meeting of said President and Directors, held on the 22d day of May, 1837, at Claysville, shall be and the same is hereby legalized, and made good and valid to all intent and purposes.

Approved February 13, 1838.

CHAP. 808-AN ACT for the benefit of Watkins W. Winn, and others.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the Land Office be and he is hereby authorized to receive and regisrer certified copies of the following plats and certificates, to-wit: one in the name of Watkins W. Winn and Robert M. Martin, assignee of Henry L. Cartwright, &c. for one hundred acres of land, lying in Union county, surveyed by virtue of a Kentucky land office warrant, No. 21,082, bearing date the 17th day of June, 1831, and one other in the name of Nathaniel Holmes, assignee of William Martin, assignee of Henry L. Cartwright, &c. for fifty acres of land, in Union county, surveyed by virtue of part of a Kentucky land office warrant, No. 21,082, and bearing date the 17th day of June, 1831, and surveyed the 23d June, 1832, and one in the name of Daniel Morrow, assignee of J. T. Pierson, for fifty acres of land, lying in Union county, surveyed the 19th day of June, 1832, by virtue of part of a Kentucky land office warrant, No. 20,519, and bearing date the 10th day of January, 1831.

SEC. 2. That when the proprietors of said surveys shall return certified copies of said surveys, (the originals being heretofore lost,) the said Register is hereby authorized to receive

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and register the same, and execute receipts therefor, in the same manner as if the original had been returned.

Approved February 13, 1838.

Dividends of State in Bank of Kentucky applied toSink

ing Fund.

If Bank refuto pay, to notify Govern

ses

or.

sell State bonds &c.

HAP. 809-AN ACT to increase the resources of the Sinking Fund.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the surplus dividends which may hereafter be declared upon stocks held by the State of Kentucky in the Bank of Kentucky, shall, by the consent of said Bank, be paid over to the Commissioners of the Sinking Fund, for the purpose of paying interest, which may be due upon the bonds or scrip of the State, sold for purposes of internal improvement: Provided however, said Commissioners shall not apply said surplus dividend to the payment of interest, if they shall have in their hands funds sufficient, received from other sources, to pay the same; but shall reinvest the same with all the accumulated profits, in stock in said Bank, until the second million provided by the charter to be taken by the State, shall have been completed.

SEC. 2. That if said Bank shall refuse its assent to the payment of said surplus dividends, as provided by the first section of this act, it shall be the duty of the President of said Bank, on or before the first day of May next, to notify the Governor of the Commonwealth of Kentucky of such refusal; then, and in that case, if said dividends shall be necessary to pay the interest aforesaid, it shall be the duty of the Governor, and he is hereby directed, to issue the bonds or scrip of the State, redeemable at any time after the expiration of the charter, bearing a rate of interest not exceeding six per centum per annum, which shall be sold to an amount sufficient to complete the subscription of stock in the second million provided by the charter of said Bank of Kentucky.

SEC. 3. That should said bonds or scrip be not sold by the Governor may Governor of Kentucky, before the receipt of the surplus revenue under the law of the United States, to which Kentucky may be entitled, then, and in that case the Governor shall not sell said bonds, but the money so received, shall be subscribed as stock in said Bank, or so much thereof as may be necessary to complete the subscription of stock in said second million; and should there be more than is necessary to complete said subscription, the remainder shall be paid over to the Commissioners of the Sinking Fund, who shall subscribe the same as stock in the Bank of Louisville, under the provisions of an act, entitled, an act to restore the privileges of the Banks of this Commonwealth, when they shall resume specie payments. The profits arising from said subscriptions shall be set apart, and forever held sacred, for the purpose of paying interest on bonds or scrip sold for the purpose of internal improvement.

Commisisoners of Sinking Fund may subscribe stock in Bank of Louis

ville.

1838.

Commission

SEC. 4. That the Commissioners of the Sinking Fund, for and on behalf of the Commonwealth of Kentucky shall forthwith vest and subscribe the same in stock in the Bank of Kentucky, or Bank of Louisville, or the purchase of stock in the ers may vest Bank of Louisville, the Bank of Kentucky, or the Northern proceeds in Bank of Kentucky, any moneys which may come to their hands, and which may not be necessary for the payment of interest on bonds sold for purposes of internal improvement. SEC. 5. That all moneys arising from the sale, rent, or lease,

stock in banks.

Proceeds of

of any privilege of water power, at any of the Locks and water power at Dams on any of the rivers in this State, which may be im- locks. &c. proved by slackwater, shall be paid over to the Commissioners of the Sinking Fund.

Approved February 13, 1838.

CHAP. 810-AN ACT extending the time for completing the Franklin portion of the Crab Orchard Road.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the further time of two years be allowed the Board of Internal Improvement for Franklin county, created under the acts to provide for the improvement of the road from Franklin county to the Crab Orchard, approved 22d February, 1834, and the amendatory act, approved 9th February, 1837, to fill their subscriptions and complete the road according to said acts.

Approved February 13, 1838.

CHAP. 811-AN ACT for the benefit of Shelby College.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Trustees of Shelby College to make a permanent investment, in safe and profitable stocks, of all moneys which they may raise from and out of the lottery scheme, which, by law, they are entitled to sell or put in operation for the benefit of said College.

Approved February 13, 1838.

CHAP. 812-AN ACT to reduce the size of the Public Square in the town of
Bedford, in Trimble County.

WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that some of the citizens of the town of Bedford, in Trimble county, owning lots on the west side of the public square in said town, have, by mistake and in ignorance of the true line between their several lots and

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