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cross street, which lies between water street and the public square, and the whole of water street situate within the boundary of the in-lots of said town, to be paved, in such manner and time as they, or a majority of them may direct, by the individuals owning lots fronting on said streets, each individual being bound to pave to the middle of the street, commencing on the side on which he owns property. And where any person or persons hold any lot or part of a lot adjacent to any street or alley which crosses water street, it shall be their duty to pave one half of said street or alley across said water street; and those owning lots fronting the public square shall pave thirty feet in front of their lots.
2. Be it further enacted, That if the owners May compel of lots, as described in the first section of this Owners of act, shall fail or refuse to cause to be completed lots to pave that part of the streets fronting their lots within front of them. the period of eighteen months from and after the
the streets in
passage of this act, then, and in that case, the trustees of said town for the time being, shall have full power and authority to cause the same to be done at the expence of such person or persons so failing or refusing, in the following manner: They shall cause an advertisement to be stuck up at the court-house door in said town, setting forth the time and place they will proceed to let said paving to the lowest bidder; and it shall be cried publicly in said town by one of the said trustees, and let to the person who will do the work for the least sum of money: Provided, there shall be at least fifteen days between the setting up said advertisement and the letting of said work.
3. Be it further enacted, That the trustees May appoint for the time being of said town, shall have full a collector, & power and authority to appoint a collector; who, his power & in the collection of any taxes, or other dues put into his hands to collect, shall be vested with the same power and authority of distress as sheriffs have in the collection of the public revenue, and shall be governed by the same rules and regulations thereof with respect to a safe, and shall be entitled to the samé commission for collection, and the same fees for distress.
§4. Be it further enacted, That whenever the Penalty for trustees of said town have, under the second refusing to pave, how col section of this act, let the paving of any part of lected, &c the before described streets, it shall be their duty to certify to their collector the amount to be paid by any individual; on the receipt whereof, he shall possess full power and authority to collect the same, together with a commission of six per cent.; and for this purpose may distrain the goods, chattels and slaves of the individual, and sell the same under the same rules and regulations as is provided in the preceding section; and if · the said collector shall not find sufficient goods, chattels and slaves of the said individual or individuals in the county of Fleming, it shall be his duty to levy the same on the real estate of said person or persons in said town; and having first advertised the time and place of the sale thereof three weeks in some newspaper authorised to publish public advertisements, he shall proceed to sell so much thereof as will be sufficient to pay the amount placed in his hands for collection, together with his commission and the cost of advertising the same; and he shall have full power and authority to convey to the purchaser by deed, in fee simple, the right of the individual to the lot, or part of a lot which he may sell by virtue of this section.
§ 5. Be it further enacted, That whenever the Trustees may trustees of said town shall be petitioned by per- direct the sons owning two thirds of the lots fronting any street where street or alley in said town, setting forth their 2-3 of the owwish and desire to have the same paved, the said ners of lots trustees shall have the same power to compel the petition, &c. same, under the same rules and regulations as is provided in the foregoing sections of this act, with respect to water street and main cross street.
6. Be it further enacted, That the trustees May pass by of said town shall possess full power and author- laws, &c. ity to pass any by-law for the better government of the police of said town, and to direct in what way and manner foot pavements shall be made by individuals owning lots fronting any street or alley in said town, and to provide for the opening and keeping in repair all the streets and alleys in
said town, and to enforce the same by proper fines or penalties, and to provide the way and the manner of the collection thereof.
§7. Be it further enacted, That the county court in and for the county of Fleming, a majorCounty court maydirect the ity of all the justices concurring therein, shall public square have full power and authority to pave the public to be paved. square in the town of Flemingsburg, or any part thereof; and to provide for the payment thereof out of the county levy.
An ACT for the benefit of James M. Cogswell and the heirs of Samuel Dirickson, deceased.
APPROVED December 15, 1817.
WHEREAS it is represented that Samuel Dirickson, late of Bourbon county, and James M. Cogswell made a joint purchase of Jesse Maupin of one hundred and nine acres, three roods and six perches of land, lying and being in Bourbon county, part of which they laid off into lots for the purpose of establishing a town; and that they sold out and executed their joint bonds for a conveyance of a great portion of said lots; and it would be attended with much inconvenience to the purchasers, and of great trouble and expence to the surviving partner to resort to law in every case to enable him to make conveyances agreeable to contract: For remedy whereof,
1. Be it enacted by the General Assembly of Town estab, the Commonwealth of Kentucky, That the land so and laid off by Samuel Dirickson and James M. Cogstrustees ap- well in Bourbon county, for a town, shall be, and pointed.
the same is hereby vested in William Rogers, William Forman, Jr. Robert Grant, George W. Clendennin, Elias Darnall and Nimrod L. Lindsey, gentlemen trustees, for the purpose of a town, and established as such by the name of NORTH MIDDLETOWN; and the said trustees, or a majority of them, shall cause a complete platt thereof to be made out and presented to the county court of
Bourbon, where it shall be admitted to record, upon proof that it is conformable to the original plan as laid off by the said Dirickson and Cogswell. The said trustees, or a majority of them, Trustees to and their successors in office, shall execute deeds make deeds. of conveyance to the purchasers of lots, upon the production of satisfactory evidence in writing, that the purchase money has been paid to the said Samuel Dirickson, deceased, and James M. Cogswell, or to the administrator of said deceased, or the surviving partner.
2. And be it further enacted, That the said town shall be subject to all the rules and regula- which to be tions with respect to a future selection of trustees, governed, and their powers as is prescribed by "an act concerning the establishment of towns," passed on the 19th December 1796.
An ACT for the benefit of the widow and heirs of
APPROVED December 15, 1817. WHEREAS it hath been represented to this present general assembly that Esther Loffton, widow of Samuel Loffton, deceased, is extremely poor, having no property except two hundred and fifty acres of poor broken land, lying in the county of Livingston, the remaining installments due thereon she is unable to pay. Therefore,
Be it enacted by the General Assembly of the commonwealth of Kentucky, That the balance of the state price yet due on certificate, number three hundred and forty-two, for two hundred and fifty acres of land, lying in Livingston county, is hereby remitted unto the said Esther Loffton; and she shall have in said land a life estate, and at her death it shall descend to the legal heirs of said Samuel Lofftop, deceased; and the Register of the land-office is hereby directed to issue a patent for the same, as in other cases.
courts when to be held.
An ACT to alter the time of holding the county courts of Greenup, and for other purposes.
APPROVED January 2, 1818. 61. BE it enacted by the General Assembly of County the Commonwealth of Kentucky, That from and after the first day of March next, the county courts of Greenup shall be holden on the fourth Monday in every month, execpt those months in which the circuit courts are held.
§ 2. Be it further enacted, That hereafter there Additional shall be a county court held on the first Monday term of the in September, in the county of Bullitt, in addition in Bullitt. to the terms already held in said county.
§ 5. Be it further enacted, That the sheriff of Sheriff of Greenup county shall have until the first day of Greenup al March next to make out his delinquent list of lowed further muster fines for the seventieth regiment of Kenturn delin- tucky militia; and it shall be lawful for him to quent list of make oath to the same before some justice of the muster fines: peace for Greenup county, who shall certify the
time to re
same to the pay-master of said regiment, who shall give said sheriff credit for the amount of said list in his settlement with the said sheriff; and the pay-master shall certify said list of delinquencies to the commandant of said regiment, who shall re-list the same with the sheriff or sheriffs for collection.
$4. Be it further enacted, That John M'Kinney, deputy for John Hawkins, late sheriff of Further time Jessamine county, may make out his delinquent given the sheriff of Jes- list of militia fines for the ninth regiment, which samine to were assessed in 1814, and placed in his hands for make out his collection in 1815. The said M'Kinney shall make delinquent list of muster oath to said delinquent list before a justice of the
peace, and lodge the same with the pay-master of said regiment, who shall thereupon order the suspension of the collection of the amount of said delinquents upon the judgment obtained against said M'Kinney for said fines; and the said paymaster shall lay the said list of delinquents before the court of assessment for said regiment at their next meeting; and so far as said delinquents shall be allowed by said court, the said