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General court to

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Courts hav- VI. And be it further enacted, That the epurt of ing neglect

every county, where the ed to assign

same hath not been done purassessors, suant to the said act, shall

, on or before the first day district ave of October next, divide their respective counties into to do it.

convenient precincts, and proceed to take lists of the equinerated articles, in the same manner, and within the same periods of time, and under the like penalties for neglect of duty, as is prescribed and inflicted by the said act:

VII. And whereas by an act of the present session,

distress upon the collection of the taxes, due by virtue of meet in Feb.

the said recited act, is suspended until the month of to give judg. ments on November next, and no provision has been made to gainst sher. compel the several sheriffs and collectors to make iffs.

speedy payment to the public treasury; Be it further enacted, That the respective sheriff's shall account for, and pay the amount of their several collections, made pursuant to the said aet, into the public treasury, on or

before the twentieth day of January, next. And the judges of the general court shall hold an additional sessions, on the second monday in February nest, for

the sole purpose of receiving and hearing motions against delinquent sheriffs or collectors, and rendering judgment, and awarding execution thereupon, in like manner and effect as by law they can now do át the usual quarterly sessions of the said court, to continue

until the business before them shall be finished, these principal of VIII. And whereas by an act of the present session ofheerse cer of assembly, intituled, "An act to establish certain tifica es not and adegnate funds for the redemption of certificates counted for granted to the officers and soldiers for their arrears of their taxes. pay and depreciation," provision is made for the payo ment of interest

, and part of the principal-annually, of the said certificates, whereby it becomes unnecessasy that any part of the principal of the said certificates may be discounted in lases, Be it further enacted, That no discount of principal of any certificate issued or to be issued, to any officer or soldier, shall be allowed in discharge of the taxes imposed by the act,

To amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and fores

tablishing a permanent revenue, into one act."? Lists of tith IX. And be it further enacted, That nothing in the

said act contained, sball be construed to prevent the vies,

several county consts from causing lists to be taken of

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ables tube taken for le.

all free male tithables, between the ages of sixteen and twenty-one years, and of imposing taxes upon all' such, for the purposes of county or parish levies, This act, shall commence and be in force from and after the first day of July next.

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Chan. Rer,

CHAP. XXXIX.

[Chapter CLXXIII in

original.] An act for giving further time to enanificates for settlement rights; p. 206. and to locate warrants upon preemption rights, and for other purposes.

I WHEREAS sundry persons have been hitherto

Preambles prevented, by unavoidable aceidents, from making en tries upon their certificates for settlement rights, with the surveyor of the countó wherein the lands lie, and from obtaining and locating warrants for lands due to them upon pre-emption rights; Be it therefore enacted, allowed for

time That the further time of nine months, from and after enteringcer. the end of this present session of assembly, shall be tificates for allowed for making all entries upori certificates for settlement settement rights, and for locating warrants upom pre-locating war

righis, and emption rights, as specially described in the certifi-rants upon cates by which such rights are held.

pre-emption

riglats. : II. And whereas, on account of the like accidents, some plats and certificates of survey have not been Also for rereturned to the register's office, within the time limit- turning sured by law; and it is doubtful whether such plats and keys to the

registers of certificates of survey can now be received by the re-fice. gister of the land office; Be it therefore enacted, That the register of the land office, or his deputy, shall be obliged to receive such plats and certificates of survey, and the lands shall not be liable to forfeiture, on account of such failure, before the first day of June next. Provided, that nothing herein contained, shalt he construed to effect any caveats now entered or

which shall be entered, before the end of this presetzt

session of assembly All plats in III. And whereas the good purposes for which a Kentucky to deputy register was appointed in the western country, ed with the will not be fully attained unless all plats and certifi, deputy re- cates of surveys, made in the district of Kentucky, are gister. registered in his office; Be it therefore enacted, That

from and after the first day of November, next, the rer gister of the land-office shall not receive any plat and certificate of survey, made in the district of Kentucky, before it has been registered and transmitted to him by his deputy in that country, agreeable to an act, intituled, "An act to empower the register of the landoffice to appoint a deputy on the western waters;” and no patent shall issue until such survey, has been regis

tered six months in the principal land-office. Affidavit, to IV. And whereas a practice hath top often prevailprevent ed of entering friendly cayeats upon lands actually lifriendly ca- able to forfeitare, and of taking out summons's on such vcats.

friendly caveats, without any design of executing the same, whereby such caveats are continued for a great length of time, and much lands.covered from laxation; Be it enacted, That no caveat shall be entered af ter the first day of January next, unless the person, at the time of entering such caveat, shall file with the register or his deputy, an affidavit that such caveat is really and bona fide made with an intention of procu ring the Jands for the person in whose name such caveat is entered, and not in trust for the benefit of the person against whom such caveat is entered, and all

caveats entered contrary to the directions of this acte Cavest dis- shall be absolutely nul and void. And wherever a summ ng nột summons upon a caveat shall either not be returned returned'ex- at all, or be returned not executed, the caveat apon ecuted.

which such summons shall have issued shall be dis
*missed with costs; unless the court, before whom sach,
caveat shall be depending, shall be satisfied that the
said summons not having been executed, did not pro-
seed from the neglect of the party who entered such

caveat. List of cave

V. And be it further enacted. That the clerk of the ats ended," general charty within one month after the end of every to be return session of the said court, shall return to the register of od to register the land office an attested list of all caveats that were neral couit. dismissed or determined at the said preceding, court

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which the register shall compare

with the caveat book; and in all cases where he shall find that the cayeats have been dismissed, or determined in favor of the de fendant, he shall make out grants for such lands, as if no such caveats had been entered in his office. And the clerk of the supreme court of the district of Kentucky, shall, in like manner, return' to the deputy register in that country, within one month after the end of every session of the said court, an attested list of all çaveats that were dismissed or determined at the said preceding courty which the deputy register shall compare with his cayeat book; and in all cases, where he shall find that the caveats have been dismissed, or de termined in favor of the defendant, he shall record and transmit the said list to the principal register, together with the plans and certificates of survey, that have been detained in his office by such caveats, that grants may issue thereupon, as if no such caveats had been entered.

*

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207.be

CHAP. XL.

(Chapter

CLXXIV in An act to enable the general court lo original,

(Chan 'Rev. settle and adjust costs. I. WHEREAS doubts have arisen, whether the general court of this commonwealth can by law In what suits award costs except in particular cases; for removing oneral such doubts in future, Be it enacted, That it shall be ward costs. lawful for the general court, on

giving judgment sias , any cause removed by appeal writ of error, superser deas, or certiorari, from the inferior, courts either for Costs discrethe appellaót, appellee, plaintiff

, or defendant, and in motions. any cause originating in the general court, where the verdict or judgment shall be given for the defendant, to award costs to the party or parties in whose favor Where costs such judgment shall be given and on all motions, it s verned

by

existing laws shall be lawful for the said court to give or refuse costs

at their discretion; and in all other eauses where tlie plaintiff shall recover debt or damages, the costs shall be governed by the laws now in force.

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Period ex

CHAP. XLE [Chapter

24,5 cm CLXXXV in original.]“ An act to give further time for the

* probation of deeds and other in

struments of writing, and for other purposes.

itse I. WHEREAS the period fixed for the computa: cepted out tion of time, for limitation of actions, making entries of the act of into lands, or limitation of evidence, by the acı passed

in the year, one thousand seven hundred and seventy, seven, intituled, “An act to amend an act intituled an act to restrain the operations of the acts for liinitation of action, and recording deeds in certain cases,” is not sufficiently extended to relieve all those who may justly claim relief :

II. it therefore enacted by the general assembly, Proof of That questions which inay arise in any court of

PE deeds, with in what time record upon any act for limitation of actions, making valid. entries into lands, or limitation of evidence, in the coin

putation of time, the period between the tenth day of April one thousand seven hundred and seventy one, and the tenth of day April one thousand sever hundred and eighty-four, shall not be accounted any part thereof, so as to bat such action, entry, or evidence, but in all suele computations the progression shall be from the said tenth day of April one thousand seven bnndred and seventy-one, to the tenth day of April one thousand seven brandred- and eighty-four, as one day. And whereas the suspension of the courts, and other unavoidable causes, may have prevented the probation of deeds and other instruments of writing being in due time made wird admitted to record according to law For remedy whereof,

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