. Courts having neglected to assign assessors, to do it. VI. And be it further enacted, That the court of every county, where the same hath not been done pursuant to the said act, shall, on or before the first day district are of October next, divide their respective counties into convenient precincts, and proceed to take lists of the enumerated 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. General Court to meet in Feb. to give judg ments gainst sher iff's. VII. And whereas by an act of the present session, distress upon the collection of the taxes, due by virtue of the said recited act, is suspended until the month of November next, and no provision has been made to compel the several sheriffs and collectors to make 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 act, 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 next, 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 at the usual quarterly sessions of the said court, to continue until the business before them shall be finished, a Principal of VIII. And whereas by an act of the present session ofheers cer of assembly, intituled, "An act to establish certain tificates not and adequate 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 pay to be dis Lists of tith ables to be taken for le vies. ment of interest, and part of the principal annually, of the said certificates, whereby it becomes unnecessary that any part of the principal of the said certifi cates may be discounted in taxes, Be it further enact ed, 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 for es tablishing a permanent revenue, into one act.” IX. And be it further enacted, That nothing in the said act contained, shall be construed to prevent the several county conrts from causing lists to be taken of [Chapter CLXXII in original.] Chan. Rev. An act for giving further time to en- poses. Further time allowed for I WHEREAS sundry persons have been hitherto Preamble. prevented, by unavoidable accidents, from making entries upon their certificates for settlement rights, with the surveyor of the county wherein the lands lie, and from obtaining and locating warrants for lands due to them upon pre-emption rights; Be it therefore enacted, That the further time of nine months, from and after enteringcerthe end of this present session of assembly, shall be tificates for allowed for making all entries upon certificates for settlement rights, and settlement rights, and for locating warrants upon pre- locating waremption rights, as specially described in the certifi- rants upon cates by which such rights are held. 7 pre-emption registers of II. And whereas, on account of the like accidents, rights. 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 veys to the 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 S next. Provided, that nothing herein contained, shall be construed to effect any caveats now entered of All plats in Kentucky to be first lodg. ed with the deputy register. Affidavit, to prevent friendly ca vcats. which shall be entered, before the end of this present session of assembly, III. And whereas the good purposes for which a deputy register was appointed in the western country, will not be fully attained unless all plats and certifi cates of surveys, made in the district of Kentucky, are registered in his office; Be it therefore enacted, That from and after the first day of November. next, the re 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 registered six months in the principal land-office. IV. And whereas a practice hath too often prevailed of entering friendly cayeats upon lands actually liable to forfeiture, and of taking out summons's on such 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 after 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 procuring the lands 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 act, Caveat dis shall be absolutely null and void. And wherever a summins ns not summons upon a caveat shall either not be returned returned ex at all, or be returned not executed, the caveat upon ecuted. which such summons shall have issued shall be dis missed with costs; unless the court, before whom such caveat shall be depending, shall be satisfied that the said summons not having been executed, did not proeeed from the neglect of the party who entered such missed if List of cave. caveat, V. And be it enacted, That the clerk of the ats ended, general court, within one month after the end of every. to be return session of the said court, shall return to the register of ed to regis the land office an attested list of all caveats that were ter after ge neral court. dismissed or determined at the said preceding, ecurt, which the register shall compare with the caveat book; and in all cases where he shall find that the caveats 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 caveats that were dismissed or determined at the said preceding court, which the deputy register shall compare with his caveat 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 plats 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. CHAP. XL. [Chapter CLXXIV in 1. 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 general such doubts in future, Be it enacted, That it shall be ward costs. lawful for the general court, on giving judgment in any cause removed by appeal, writ of error, superse deas, or certiorari, from the inferior courts either for Costs discre.. the appellant, 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 governed by existing laws shall be lawful for the said court to give or refuse costs, at their discretion; and in all other causes where the plaintiff shall recover debt or damages, the costs shali be governed by the laws now in force. [Chapter CLXXXV in original.] CHAP. XLI. An act to give further time for the probation of deeds and other instruments of writing, and for other purposes. 1. WHEREAS the period fixed for the computation of time, for limitation of actions, making entries into lands, or limitation of evidence, by the act passed in the year one thousand seven hundred and seventyseven, intituled, "An act to amend an act intituled an act to restrain the operations of the acts for limitation of action, and recording deeds in certain cases," is not sufficiently extended to relieve all those who may justly claim relief: 11. Be it therefore enacted by the general a assembly, That in all questions which may arise in any court of record upon any act for limitation of actions, making entries into lands, or limitation of evidence, in the computation 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 seven 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 hundred and seventy-one, to the tenth day of April one thousand seven hundred 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 and admitted to record according to law For remedy whereof, |