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AN ACT further to regulate the payment of the debt due the Commonwealth for the sale of vacant Lands.
-APPROVED December 15, 1817.
BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the act entitled "an act further to regulate the payment of the debt due the commonwealth for the sale of vacant land," approved January the 11th 1816, shall be, and the same is hereby revived and continued in force, for and during the term of twelve months, from and after the 6th day of January 1818.
An ACT for the establishment and regulation of the
APPROVED December 15, 1817.
WHEREAS it is represented to the present Recital general assembly, that John Emerson, some time ago, laid out a town on his land in Green county, on the road leading from Lexington to Nashville, and has sold some of the lots, and the purchasers have made considerable improvements on said lots; and it appearing to this general assembly that it would be of great public utility to establish said town:
§1. Be it therefore enacted by the General As
Somersville sembly of the Commonwealth of Kentucky, That established. the said town, as laid out by said Emerson, containing about seventy-five acres, according to the plan of said town now on record in the clerk's office in Green county, be, and the same is hereby established, and shall be called and known by the name of SOMERSVILLE.
Trustees ap pointed.
§ 2. Be it further enacted, That the said town, or so much as the said Emerson has not conveyed away, be, and the same is hereby vested in William T. Willis, Dr. James Howe, and William Philpot, sen. gentlemen trustees of said town, and their successors. The trustees appointed by this act shall meet at the house of said Philpot, in said town, on or before the first Monday in April next, and shall take the oath of office as trustees; which oath shall be administered by any Their powers justice. They, or a majority of them, shall have power to form a board; shall appoint a president, clerk and other officers necessary. The said trustees shall, within two months thereafter, record the present plan of said town in their book, as recorded in the county court of Green county.
§3. Be it further enacted, That the said trusTo pass by- tees shall have full power and authority to pass laws, &c. any by-laws or ordinances for the regulation and
government of said town, not inconsistent with the constitution and laws of this commonwealth. To levy and They shall have, the right to raise any sum not collect taxes. exceeding fifty dollars per annum, upon such property in said town as is subject to taxation by the revenue laws of this state, to be applied to the use and benefit of said town, in such manner as they shall think fit.
§4. Be it further enacted, That the said trusTo recover tees are hereby authorised to recover any sum fines for a not exceeding five dollars, for a breach of any of breach of by their by-laws or ordinances; which shall be recovered by warrant in their name before any justice of the peace; which fines shall be applied towards the use and benefit of said town.
Times of meeting.
§ 5. Be it further enacted, That the said trustees shall, after next April, meet on the first Sa
turday in April, June, October and December in every year, and at such other times as they shall think proper; and after their first meeting, at such place as they may think proper. They Penalty for s shall have the power of recovering from any failure to attrustee, for failing to attend at a regular meeting, without a good excuse, any sum not exceeding two dollars, to be recovered as other fines and applied in the same manner.
6. Be it further enacted, That the said trus- Times of holi tees shall remain in office till the first Saturday ing election's in November next, on which day, and on the for trustees. same day in every year thereafter, the free male inhabitants of said town, and persons owning or possessing real property in said town, and such owners living and residing within one mile of said town, shall meet at such place in said town as the said trustees or their successors may direct, and elect three trustees for said town; which said trustees, so elected, shall continue in office until the next general election, and until other trustees are duly elected and qualified.
7. Be it further enacted, That if any vacancy of the trustees appointed by this act shall happen, how to be filthe remaining trustees shall supply such vacancy or vacancies, who shall 1emain in office until the next general election for trustees. The trustee or trustees so elected shall possess the same power and authority as the trustees appointed by this act; and the same rule shall be observed by all future boards of trustees.
§ 8. Be it further enueted, That the present Trustees to trustees or their successors are hereby authorised sell all lots to sell all lots unsold in said town, in such man- unsold: ner and upon such credit as said Emerson shall direct. If sold upon a credit, they shall take bond, payable to said Emerson, with good security; and said trustees shall not make conveyances of any lot, until the consideration is paid, unless so directed by said Emerson.
ers of trus
§ 9. Be it further enacted, That the trustees Further pow shall at all times make their clerk and other off- tees. cers such compensation as they may think proper. No person shall be elected to the office of Qualifications trustee who does not reside in said town or with- of trustees.
in one mile thereof, nor unless he owns real property therein, and has attained the age of twentyone years.
10. Be it further enacted, That if an election Their contin- should not be held on the day appointed by this uance in of act, the trustees appointed by this act shall continue in office until the next general election.
Who to conduct elections, &c.
§ 11. Be it further enacted, That all general elections for trustees shall be conducted by any justice of the peace for Green county. The clerk of the board of trustees shall, one month previous to all general elections, advertise the time and place of holding said election.
12. Be it further enacted, That before the To publish trustees can recover any fine for a breach of their their by-laws. by-laws, they shall cause a copy of such laws to be publicly advertised in said town at least three weeks.
An ACT to amend a law entitled "an act to incorporate the trustees of the Allen Seminary."
§1. BE it enacted by the General Assembly of 1, 4th, 5th the Commonwealth of Kentucky, That the third, ad 6th sec- fourth, fifth and sixth sections of an act approvact repealed. ed the 3d day of January 1817, entitled "an act to incorporate the trustees of the Allen seminary," be, and the same are hereby repealed.
tions of said
2. Be it further enacted, That the money aris Money arising from the sales of said lands belonging to said ing from sales seminary, may be applied by the trustees to the of seminary purchase of a lot of ground (which shall be held lands, how ap plied. free from taxation) for the seat of said seminary ; in erecting suitable buildings thereon; in procuring necessary books and apparatus, and employing competent teachers.
§3. Be it further enacted, That the balance of from sale of the money arising from the sale of lots in the lots in Scotts- town of Scottsville, after paying for the erecting ville, how to be applied. of public buildings, shall be applied by the county court of Allen county to the use of said county.
An ACT for the benefit of the widow and heirs of
APPROVED December 15, 1817. WHEREAS it is represented to the present general assembly, that Thomas Clark, late of Livingston county, died extremely poor, leaving a widow and several small children without any means of support, except fifty-five acres of headright land, lying in the county of Livingston, who are unable to pay the state price thereon: For remedy whereof,
Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the state price now due and unpaid upon fifty-five acres of land, part of four hundred acres of land granted by the Livingston county court to Robert D. Hilhouse, number of certificate 870, now owned by the widow and children of eaid Clark, be, and the same is hereby remitted; and the register of the landoffice is hereby directed to issue to the widow of said Thomas Clark a patent for said fifty-five acres of land, the same as if the balance of the state price due thereon were fully paid; which patent shall vest in said widow a life estate in said land for the maintenance of herself and children, and at her death shall descend and vest in the children or other legal heirs of said Clark: Provided, that the platt and certificate of survey shall be registered as in other cases.
An ACT further to regulate the town of Flem
APPROVED December 15, 1817.
Power of trus
1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees in tees in relaand for the town of Flemingsburg, or their suc- tion to paving cessors in office, shall have full power and author- the streets. ity to order and direct, that so much of main