pay-master shall give credit upon said judgment; To be credit and the commandant of said regiment shall place ed therewith. the said delinquents in the hands of the sheriff

or sheriffs for collection, as if the said delinquents had been returned within the time prescribed by law.

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An ACT to amend and extend the law authorising a turnpike on the road leading from the counties of Madison and Rockcastle to the Goose creek Salt Works.

APPROVED January 2, 1818.

WHEREAS it is represented to the present Recital. general assembly, that a law authorising a turnpike on the road leading from the counties of Madison and Rockcastle to the Goose creek salt works will expire on the third day of February one thousand eight hundred and eighteen; that the aforesaid road passes through a country but thinly settled and unfavorable for a road; that it is much travelled, and it is impossible to keep the same in repair without a turnpike: Therefore,


§ 1. Be it enacted by the General Assembly of the Clay county Commonwealth of Kentucky, That the Clay coun- court authorty court shall have power and authority to ised to erect a turnpike erect a turnpike [gate] at any place on said road that they may think most adviseable, for the purpose of keeping the same in repair. They shall also appoint one or more commissioners, as appoint to them may appear most adviseable, whose duty it shall be to superintend the working of said road; and he or they, as the case may be, shall have power to hire hands by the month or year, as to him or them may appear most adviseable; also an overseer to attend to the hands, who shall to appoint be immediately under the control of him or them; overseer, also all necessary tools for working and keeping

commissioners--their duty and pow


said road in good repair; provisions, &c, for the -and gate hands while working the road; also hire a man keeper--his to keep the gate, whose duty it shall be, at the duty.


end of every three months from his commence ment, to make a return to him or them of the amount of money he has received for that time, and pay over the same, taking his or their receipt for the amount so paid; which receipt he shall deliver to the county court aforesaid, in order to. Commission- enable the aforesaid court to settle with the comers to settle missioner or commissioners, which they shall do once every year; and out of the money received as aforesaid, he or they shall pay the gate-keeper, overseer and hands, and for all other necessary articles made use of in working said road; and the court aforesaid may, if the commissioner or commissioners so deșire it, pay him or them for cach day, necessarily employed in executing the duties of his office, any sum not exceeding one dollar.

§ 2. And be it further enacted, That the court Further pow- aforesaid shall at all times, if they think it adviseof the able so to do, have the power of dismissing their County court. commissioner or commissioners, and appointing,


others in lieu thereof; and if on, settlement with him or them it is found, he or they has money belonging to the institution in his or their hands, and fails to account for the same agreeable to the intent and meaning of this act, the court aforesaid shall have power to recover the same before any justice of the peace for said county, or in the circuit court, as in other cases.

§ 3. And be it further enacted, That the third, Former law fourth, fifth and seventh sections of an act, passed extended. the twenty-seventh of January, one thousand eight hundred and thirteen, to revive and amend the law establishing a turnpike on the road leading from the counties of Madison and Lincoln to the Goose creek salt-works," shall be, and the same are hereby extended, together with this act, six years from the passage hereof.

4. And be it further enacted, That the tolls Bates of toll. at the gate aforesaid shall be as follows, to wit: For waggon, team and driver,

For every horse, mare or mule, not in

a waggon,

For every cart and team,

For every yoke of oxen, not in a cart,
For every man and horse,

$0 50




12 /


An ACT regulating the town of Prestonsburg, in

Floyd county.

APPROVED January 2, 1818.

WHEREAS it is represented to the present Recital, general assembly, that John Graham procured to be established on his land the town of Prestonsburg, in the county of Floyd, he being then only possessed of an equitable title thereto, caused the same to be laid out into lots and streets, and procured the appointment of trustees thereof, who have made a number of conveyances, believing they were vested with the legal title; and the record of the county court of Floyd establishing the said town has been consumed by fire; and that some short time since, the said Graham procured a legal title to said land by virtue of a grant from the commonwealth of Kentucky; and doubts are entertained whether the legal title will enure to the benefit of the purchasers under the trustees: For remedy whereof,

§1. Be it enacted by the General Assembly of Plan of the the Commonwealth of Kentucky, That the town of lished. town estab Prestonsburg, as laid out by said John Graham,

be, and the same is hereby confirmed and established; and that where titles have been made by

the trustees of said town of Prestonsburg, or Conveyances John Graham, to purchasers of lots, or their as- of lots legalsignees, shall be, and the same is hereby declared ized. valid and sufficient to pass the legal estate of the said Graham since acquired, to all intents and purposes.

§2. Be it further enacted, That the plat of the town of Prestonsburg, as made out by said Graham and recorded in the county court of Floyd county, is hereby established, and the boundaries of lots shall remain the same as surveyed by said Graham.

§3. Be it further enacted, That all the lots con- Title of untained within the before described plat, except vested in the conveyed lots such as have been heretofore conveyed by the trustees. said John Graham or the trustees to purchasers .or their assigns, shall be, and the same are hereby


be elected.

vested in the present acting trustees and their successors in office, in fee simple: Provided, however, that the public square, including the courthouse, as conveyed by said Graham, shall remain vested in the justices of the county court and their successors in office.

§4. Be it further enacted, That the citizens reTrustees to siding in the town of Prestonsburg, over the age of eighteen years, and those owning lots therein, shall annually on the first Monday in September in each and every year, elect five trustees, who shall continue in office one year, and until successors shall be elected; at which election either a justice of the peace of Floyd county or the clerk of the board of trustees shall preside, and shall cause a report to be made to the Floyd county court of the persons elected; and it shall be the duty of the clerk of said court to record said report; and in case of any vacancy happening, it shall be filled by the remaining trustees.


pass laws.

§ 5. Be it further enacted, That the said trusTrustees to tees shall have power to appoint their president, appoint offitreasurer and clerk; and shall possess full and complete power and authority to pass any by-* by laws for the government of the police of 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 and penalties, and to provide the way and means of collection.

§ 6. Be it further enacted, That the trustees of -levy and said town shall have full power and authority to collect a tax. levy and collect from the owners of lots in said town any sum not exceeding one hundred dollars in each and every year, to be levied in the proportion to the value of said lots; and to appoint a collector, who shall have the same power to make distress and sale that a sheriff has in the collection of the public revenue.


An ACT for the relief of the securities of Benjamin
Gilbert, former sheriff of Ohio county, and for

other purposes.

APPROVED January 2, 1818. WHEREAS it is represented to the present Preamble general assembly, that Christopher Jackson, Charles Wallace, Nicholas Hocker and John Davis entered into bond as securities of Benjamin Gilbert, sheriff of Ohio county, for the collection of the county levy of said county, assessed in 1814, to be collected in 1815; and whereas it is represented that doubts were entertained as to the legality of said levies, and the sheriff having in one instance made distress of property to satisfy said levy, a suit was brought in the Ohio circuit court, which resulted in the rendition of a judgment against the said sheriff, upon which an appeal was taken, and the case not finally decided until July 1817; and pending said appeal, the said Gilbert clandestinely escaped to parts unknown; and there being no practicable method now by which the said levy can be collected: Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Chris- Securitiesex. topher Jackson, Charles Wallace, Nicholas Hoc- onerated, &c, ker, and John Davis, be, and they are hereby exonerated and released from the payment of the said bond, excepting for so much of said levy as may have been collected by the said Benjamin Gilbert, or Nicholas Hocker, who was deputy to said Gilbert. That all those who hold said Gilbert's or Hocker's receipts for their county levy for the aforesaid year, may have their money refunded, either by said Gilbert and Hocker, or in case of their inability, by the aforesaid securities; and that the citizens of Ohio and Daviess counties be, and they are hereby excused from "the payment of the said county levy assessed in the year 1814.

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