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ors

sed of.

court shall be governed by the laws and regulations now in force in the high court of chancery and gene ral court.

** III. And whereas it is just that those who receive Tax on suit the benefit of the before mentioned regulations should bear the expence thereof: Be it enacted, That upon the commencement of any action or suit in the said court, there shall be paid to the clerk a tax of twenty shillings, to be by him accounted for and paid at the How dispo, end of every term, that is to say: The sum of fifty pounds to the judge, the sum of twenty shillings to each assistant judge for every day they shall respectively attend, and the sum of thirty-seven pounds ten shilfings quarterly to the attorney of the commonwealth, and the remainder of such tax, if any, to be applied towards defraying the expences of the public buildings, and such clerk shall be entitled to five per centum for his trouble in collecting and paying the same.

sion.

Present IV. And be it further enacted, That the judges of place of ses- the said court shall hold their sessions at Harrodsburg, in the county of Lincoln, until proper buildings shall be erected at such place as the general assembly shall direct, and in the mean time shall have power to adjourn the said court to such places as they may think proper; and shall also have power over the gaoler of the county in which the courts are held, who shall receive into his custody, all persons committed by the said

porary ap

court.

Governor to V. And whereas it may not be expedient to promake tem ceed immediately to the appointment of the judges and pointments attorney for the said district: Be it therefore enacted, of judges & That the governor, with the advice of the council, attorney:

shall make temporary appointments in the mean time; the persons so appointed to have the same powers, and be entitled to the same salaries, as are by this act given or payable to the attorney and judges to be appointed by the general assembly. Provided always, That nothing herein contained shall be construed to prevent the solicitor general from obtaining judgments in the gen eral court against delinquent sheriffs and collectors in the district aforesaid.

CHAP. XLIX.

An act for further continuing an act for giving further time to o warrants upon certificates for preemption rights and returning cer tain surveys to the land-office, and for other purposes.

[Chapter LXXXIX in original.]

[Chan. Rev. 169.)

Powers of

1. WHEREAS the powers of the commissioners for adjusting and settling the titles of claimers to unpatent- commissioned lands will expire before the business can be finishers for aded: Be it therefore enacted, That all the powers here- justing titles tofore given them, except in the district of Kentucky, tinued; and to lands conshall continue and be in force until the first day of time for los June next, and that the like time be allowed for loca- cating preting pre-emption warrants in the surveyors offices re- emption spectively

warrants extended;

recorded.

Books and

papers of

1. And whereas sundry persons omitted to have And to have their certificates recorded in the surveyor's office and certificates to enter their settlement rights in his books within the time prescribed by law: Be it therefore enacted, That such persons shall be allowed until the first day of May next to make such entries and record such certificates. III. And whereas great inconveniencies have arisen from the register's not having been furnished with a Kentucky copy of the proceedings of the commissioners for the commission district of Kentucky: Be it therefore enacted, That the ers to be de said commissioners shall forthwith deliver to the said gister. register all the books and papers respecting their said business, which books, or authentic copies of any certificates, shall be sufficient authority to the register to issue pre-emption warrants upon the claimants performing the other requisites in those cases.

livered to re

IV. And whereas in some cases plotts and certifi- Lands saved cates of survey have not been recorded in the survey- if duties peror's office nor returned to the register's office within formed bethe times respectively limited by law, and it is doubt-fore caveat, ful whether the lands held under such surveys are not still liable to be caveated: Be it therefore enacted, That where no caveat shall be entered before the said duties respectively shall be performed, such lands shall not thereafter be liable to forfeiture on account of such fail

พว

Tax on liti ure. Every person instituting a suit before any court gants before of commissioners, shall pay down six shillings in lieu commission. of the ten pounds hereafter directed to be paid. ers.

ficates or

warrants to

V. And be it further enacted, That specie certifis Specie certi cates, being first audited, or warrants upon the treasury, shall hereafter be receivable in discharge of the be taken for composition money, payable upon certificates of surland. veys on entries made with the surveyors before the establishment of the commonwealth's land-office, and upon certificates of survey of settlement rights; and that the deputy register of the land-office for the time being, shall be, and he is hereby empowered to receive such composition money or certificates, together with with the plotts and certificates of survey in the Kentucky country..

Furthertime to return surveys.

Pre-emption warrants

cated on

VI. And be it further enacted, That there shall be allowed a term of twelve months from the end of this present session of assembly, for returning to the landoffice certificates of survey of land heretofore surveyed, and the register of the land-office is hereby empowered and required to receive the same, notwithstanding the time limited for that purpose may have expired.

VII. And be it further enacted, That the surveyor of any county within the district in which the right of may be lo- pre-emption was granted, is hereby authorised and directed to locate and survey any pre-emption warrant on any waste and unappropriated lands within the district without exchanging the same: Provided, They do not have any force of pre-emption, but shall be equal and on the same footing with treasury warrants.

any waste lands;

lose

their force of pre-emp

tion

CHAP. L..

An act for calling in and redeeming certain certificates."

[Chapter XC in origi nal 3.

Provision

I. FOR redeeming and paying all military certifi cates, either for tobacco or specie, as well as those to be for redeem issued in virtue of an act intituled, “An act for a adjust- ing military ing claims for property impressed or taken for public and her service:"

Poll tax

On slaves

Horses.

II. Be it enacted by the General Assembly. That Additional there shall be paid a tax of one per cent, for every hun- taxes dred pounds, and so in proportion for a greater or les- On lands. ser sum of the valuation of all lands and lots as the same shall have been valued by the commissioners; also a tax of ten shillings by every free male person above the age of twenty-one years, who shall be a citizen of this commonwealth; and also the like tax of ten shillings upon all slaves above the age of sixteen years, to be paid by the owners thereof, except such free persons and slaves as shall be exempted by the respective county courts through age or infirmity; also two shillings for every horse, mare, colt and mule; also three pence per head for all cattle; also five shillings per Cattle. wheel for all coaches, chariots, phaetons, four-wheeled chaises, stage waggons for riding carriages, chairs, and Carriages. two wheeled chaises; also fifteen pounds for every billiard-table, and four pounds for every ordinary license, bles. over and above the taxes imposed by any act or acts Ordinary liof assembly. The court of every county shall, before censes. the month of November next, take bond of the sheriff, taken of with sufficient security, in the penalty of ten thousand sheriffs, pounds, payable to the treasurer of this commonwealth for the time being, and his successors, for the use of the commonwealth, and conditioned for the true and faithful collecting, paying, and accounting for all taxes in his county hereby imposed; and the said bond shall be recorded in the court of the county where the same

Billiard ta

Bonds to be

is taken, and an attested copy thereof shall be trans- Certified co. mitted by the respective clerks, without delay, to the Py evidence, auditors of public accounts, and admitted as evidence in any suit or proceeding founded thereon: And the said sheriff shall, from and after the first day of March

Commis

sions paya

Taxes paya

or silver, or

tobacco

Taxes when next, collect, receive, distrain for, and pay the taxes to be collected and dis hereby imposed in his said county, under the like rules, trained for regulations, allowances and penalties as are prescribed by an act of this present session of assembly intituled, When ac. "An act to amend the act for ascertaining certain taxcounted for es and duties, and for establishing a permanent revenue." Provided nevertheless, That the commissions to sheriffs for collecting the said taxes, shall be payable ble in kind. in kind. Every person and persons chargeable with the said taxes, shall pay the same to the sheriff or collector, either in Spanish milled dollars, at the rate of ble in gold six shilling each, or in other current silver or gold coin certificates, at a proportionate value, or in military audited certifior treasury cates, or in treasury tobacco notes, which were payable to enlisted soldiers, at the rate of twenty shillings per notes payable to enlist. hundred weight, or in the warrants to be issued by the auditors of public accounts in virtue of an act of the present session of assembly, intituled, "An act for auditing certain public claims;" and that every person, upon paying the said taxes in any manner as before directed, shall be discharged thereof, and may demand and receive of the sheriff or collector, a receipt or discharge accordingly. That where any certificate shall have been liquidated by the auditors, and warrants granted upon the treasurer for payment in paper money, which remains unpaid, the same shall be re-audited and depreciation allowed thereon, agreeable to the scale fixed by act of assembly, and certificates issued by the auditors for the sum in specie.

cd soldiers.

III. Whereas great inconveniences may arise for want of change between the sheriffs and the people, în Certificates the payment of the aforesaid certificates or warrants; to be divid- For remedy whereof,

and warrants

ed by auditors, into

small sums,

IV. Be it enacted, That the auditors of public accounts are hereby required to grant their certificates or for conveni. warrants in such sums as will be most agreeable to the ency of persons entitled to receive the same. Provided they change. are not to be divided in sums less than five pounds, unSheriff's to less it be to make up the balance of the sums thus to account on oath, for ac- be divided; and the sheriffs shall account with the treatual sums re- surer, upon oath, for the actual sums which they received. ceive, whether the same be in specie or in certificates; and the treasurer is hereby required to carry all sums of money paid agreeable to this act, to account of the

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