1824. be made until made, until after a grand jury shall have been empannelled and sworn, in the Fleming circuit court, at the special term hereby directed to be holden, and shall Election not to have passed upon such indictment as may be preferred after a grand against the said Desha; and it is also further provided, juryhave ound that at the time the said Desha shall so make his elec- an indictment. tion, (should he elect to be tried in the Harrison cir agree to abide cuit court,) he shall also agree of record, that he will in Said Desha to all respects abide by, and submit to the provisions of by the provithis act, which agreement shall also be copied amongst sions of this act the steps and orders; and provided furthermore, that should the Harrison circuit court, for any cause whatever, adjudge the indictment so found in the Fleming circuit court, to be defective, said court shall not, for that cause, discharge the said Desha out of custody; but shall direct a grand jury forthwith to be surumoned, empannelled and sworn, and shall charge the said grand jury specially to enquire into the offence for which the said Desha may have been so charged by the indictment in the Fleming circuit court; and if the grand jury, so to be empannelled and sworn, shall find a true bill against the said Desha, upon any indictment preferred against him, the said Harrison circuit court shall, in all respects, proceed to the trial,, and, upon conviction, to the judgment, and, if capital, to the execution of the said Isaac B. Desha, in the same manner as though the offence for which he may have been indicted had been committed in said county of Harrison; and in every other respect, the said circuit court of Harrison shall adapt the proceedings, so as to cause a fair and impartial trial of the said Desha to be had, and shall carry its orders and judgment into execution, in the same manner as though the offence bad, been committed in the county of Harrison. And it is further provided, that the said Isaac B. Desha shall take no advantage, nor be discharged out of custody, on account of any number of continuar.ces granted in the said Harrison circuit court, either on his own application. or that of the Commonwealth, because of the absence. of witnesses or otherwise. [Approved, December 4, 1924.], CHAP. 30.-An ACT for the benefit of Henry P. Maxey, late Sheriff of Monroe County. WHEREAS it is represented to this General Assembly, that the county court of Monroe, in their settlement 1824. with Henry P. Maxey, late deputy sheriff of said county, in the year 1323, for revenue of 1822, did not allow to said sheriff a credit for delinquencies to a considerable amount, on account of which he had to pay into the treasury more money than was just and equitable; and the said county court now doubting whether they can correct the said error: For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said county court of Monroe shall have power to settle and adjust said accounts of delinquency, and when the error is corrected by them, they shall certify to the Auditor of public accounts the amount for which, originally, the said Maxey should have been credited for delinquency, and for which amount the Auditor shall issue his warrant upon the treasury, in favor of said Maxey. [Approved, December 6, 1824.] Preamble. CHAP. 31.-An ACT for the benefit of Archelaus A. Strange, of WHEREAS it is represented to the present General Assembly of the Commonwealth of Kentucky, that agreeable to an act of the Legislature of this State, for the benefit of poor widows, passed the 21st of December 1820, giving to poor widows one hundred acres of the vacant lands of this Commonwealth, who should prove themselves to be within its provisions, Elizabeth Grider, a poor widow of Cumberland county, having complied with said act, obtained from the Register of the land-office, a warrant for one hundred acres of land, ✔ No. 12,140, dated 17th March 1823; but before she could obtain said warrant, in order to secure a favorite piece of land in said county, she was compelled to procure a warrant from Archelaus A. Strange, and when the warrant aforesaid, No. 12,140, was obtained from the Register of the land-office, said Elizabeth Grider, in satisfaction of the warrant procured as aforesaid from Strange, assigned the said warrant No. 12,140, to Archelaus A. Strange, neither of them knowing that by the aforesaid act such warrants were not transferable, and that said Archelaus A. Strange proceeded to have said warrant laid upon two pieces of vacant land in Adair county, and the same to be surveyed, yet, owing to the provisions of said act, is unable to procure patents for the same: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon the said Strange produ 1824. lands. cing to the Register of the land-office the warrant afore- Register to issaid, No. 12,140, and surveys made sue patents to upon the same, the Register of the land-office be, and he is hereby author him for certain ised to issue patents for said tracts of land, to said Strange, upon the payment of the several fees, and according to the laws of this State in such cases. [Approved, December 6, 1824.] CHAP. 32.--An ACT to provide for the running and marking the WHEREAS it is represented to the present General Recital. Grant to run & Sec. 1. Be it enacted by the General Assembly of the The Surveyors Commonwealth of Kentucky, That the surveyors of the of Owen and counties of Owen and Grant, by themselves or depu- mark the line ties, shall, on the first Monday in April 1825, or so soon thereafter as may be practicable, run and mark the line between the aforesaid counties; in doing of which, they shall be governed by the act of assembly establishing the county of Owen, approved the 6th day of February 1819, or so much thereof as relates to the line called for, dividing the counties of Owen and Pendle⚫ ton. Sec. 2. And be it further enacted, That the surveyors, Their compen for performing the duties assigned them by this act, sation. shall receive the sum of three dollars each, per day, and the chain-carriers and marker the sum of one dol lar each, per day, to be paid by their respective counties. Sec. 3. And be it further enacted, That the county How paid. courts of the counties of Owen and Grant, shall, at their court of claims in 1825, lay a levy sufficient to defray the expence for running and marking the line as aforesaid. [Approved, December 6, 1824.] 1824. Provision for CHAP. 33.—An ACT for the benefit of Henry Miller and Peter Anderson. WHEREAS it is represented to the present General Assembly, that Henry Miller, of Allen county, is living on a small tract of land, containing one hundred acres, which he, the said Miller, purchased from John Ficklin, being part of a two hundred acres head-right claim, and that the said Miller is poor, and unable to pay the State price: Therefore, Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon the said Henry Henry Miller. Miller's filing with the Register a plat and certificate of survey, for the one hundred acres of land, with a proper assignment from the said Ficklin, the Register shall issue a patent for the same, without the State price being paid therefor. derson. And whereas it is further represented, that Peter An derson, of the county of Allen, is poor, aged and infirm, and unable to pay the State price due on four hundred acres of head-right land, whereon he now resides, which said tract of land is registered in his own name, as assignee of William Anderson: Therefore, Sec. 2. Be it further enacted, That the Register of For Peter An- the land-office be, and he is hereby directed to issue a patent to the said Anderson, for the four hundred acres. of land, without the State price being paid therefor. [Approved, December 6, 1824.] For 1825, And for suc CHAP. 34.-An ACT to authorise the County Court of Morgan, to lay an additional levy. SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the county court of Morgan county shall have the right, at their February or March term in the year 1825, to lay an additional levy, not exceeding one dollar per tythe, for the purpose of enabling said county court to cause the public buildings of said county to be erected: Provided, that a majority of all the justices of the peace of said county, then in commission, be present. Sec. 2. Be it further enacted, That the said court, at their levy term in the year 1825, and in each succeedeeding years ing year, may, if they see proper, lay a levy in addition to that now allowed by law to be laid, not exceeding one dollar per tythe, until a sufficient fund shall thereby be raised, to defray the necessary expence of erect ing the public buildings in said county; and then such power to lay an additional levy, shall cease and deter mine. [Approved, December 6, 1824.] CHAP. 35.-An ACT to legalize the proceedings of the Woodford County Court, and to change the time of holding the March, June and September terms thereof. 1824. WHEREAS it is represented to this General Assembly, Recital. that the county court of Woodford, being apprised that three additional terms had been allowed to the county of Woodford, by an act passed 7th January 1824, and believing that said court was directed by law to be held on the first Mondays of March, June and September, accordingly court was held on the first Monday of March 1824, contrary to law: For remedy whereof, Sec. 1. Be it enacted by the General Assembly of the Proceedings les Commonwealth of Kentucky, That all the acts and orders galized. of said court are hereby legalized, and made as binding on all parties concerned, as if said court had been held on the second Monday of March 1824. the first Mon Sec. 2. Be it further enacted, That the March, June County Court and September county courts of the county of Wood- to be held on ford, hereafter be held on the first Monday ia the sever- day of each al months, any law to the contrary notwithstanding. [Approved, December 6, 1824.] CHAP. 36.-An ACT to authorise the County Court of Pike to lay an additional levy. month. SEC. 1. BE it enacted by the General Assembly of the For 182, Commonwealth of Kentucky, That the county court of Pike county shall have the right, at their February or March term next, 1825, to levy an additional levy, not exceeding one dollar per tythe, for the purpose of enabling said county court to cause the public buildings of said county to be erected: Provided, that a majority of all the justices of the peace of said county, then in of fice, be present. Sec. 2. Be it further enacted, That said court may, at And for suctheir levy term in the year 1825, and in each succeeding ceeding years, year, lay a levy, in addition to that now allowed by law to be laid, not exceeding one dollar per tythe, if they may think expedient so to do, until a sufficient fund shall thereby be raised, to defray the necessary expence of erecting the public buildings in said county; and then such power to lay an additional levy, shall cease and determine. [Approved, December 6, 1824.] |