1824.

instances for a breach of the condition of said bord, and upon the order of the county court to that effect made, the attorney for the Commonwealth in the circuit court Mode of pro- of that county, shali prosecute suit thereon from time to ceeding against them, for time, until the whole penalty shall have been recovera violation of ed; and in case the jury shall find that the defendants

this act.

have violated any one condition of said bond, they shall not find less damages than fifty dollars. The said bond shall be taken payable to the Commonwealth of Kentucky, and in that name shall be sued upon; and all damages recovered, shall be appropriated as other fines and forfeitures assessed before justices of the peace are, [Approved, December 30, 1824.]

CHAP. 75-An ACT establishing the seat of justice of Spencer county.

SEC. 1. BE it enacted by the General Assembly of the Established at Commonwealth of Kentucky. That from and after the pas Taylorsville. sage of this act, the seat of justice for Spencer county, shall be established in the town of Taylorsville, and that the public buildings shall be erected upon the public square now laid off in said town.

Sec. 2. It shall be the duty of the justices of the County court to erect public peace of said county, to erect the public buildings in said town, in the manner now directed by law. [Approved, December 30, 1824.)

buildings.

Divorced from her husband.

To perform the duties for the

next term.

CHAP. 76. An ACT for the benefit of Fanny Rooney, BE it enacted by the General Assembly of the Commonwealth of Kentucky, That Fanny Rooney, of Garrard, be, and she is hereby forever divorced from her husband, George D. Rooney, and is restored to all the rights and privileges of a feme sole, and shall be permit ted to resume her former name, Fanny Edmiston.

[Approved, January 1, 1825.]

CHAP. 77.-An ACT authorizing Col. Richard Taylor to perform the duties of Tipstaff to the General Court, for a limited time. SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That Col. Richard Taylor is hereby appointed Tipstaff, with power and authority to attend the General Court during their next term, and to perform all the duties heretofore required by law of said officer; and for his services he shall receive the

same pay and emoluments which said officer has heretofore received.

Ser. 2. Be it further enacted, That it shall be the duty of the said Taylor, to provide a comfortable room somewhere in the town of Frankfort, for said court to hold their succeeding sessions in, until otherwise provided for by law.

[Approved, January 3, 1825.]

CHAP. 78.-An ACT for the benefit of the Sheriff of Harrison county.
WHEREAS the most active deputy sheriff of Harrison

1925.

To provide a

room for said

Court to sit in.

county, died of a short illness in the latter part of the Preamble.
month of October last, which has rendered it impracti-
cable for the high sheriff of said county to settle with
the Auditor for the revenue of said county, as required
by law. He has obtained a quietus for the principal
part of said revenue, and his securities are entirely sol-
vent: Therefore,

Allowed six

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said sheriff be allowed the fur- months to ac ther time of six months from the passage of this act, to count for rove、 account for the revenue of said county, which became nue., payable in the present year.

[Approved, January 3, 1825.

CHAP. 79. An ACT to provide for the sale of the vacant lands west of the Tennessee river.

SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be appoint- A Receiver of public moneys ed by the Governor, with the advice and consent of the to be appointSenate, some fit person, to be styled the Receiver of ed, &c. Public Moneys for the Land District West of Tennessee river, who shall hold his office during the pleasure of the Governor for the time being, (and in case of vacancy by death, resignation or otherwise, it shall be filled as in other cases,) whose duty it shall be to keep an office at the town of Waidsborough, in the county of Calloway; which office shall be opened on the first Monday in June.next.

sale on the first

Sec. 2. It shall be the duty of the Receiver of Pub- Receiver to exlic Moneys, as aforesaid, to expose to public sale to the pose vacant highest bidder, for ready money, at the town of Waids- lands to public borough, on the first Monday in October next, all the Monday in Oc unappropriated sections and fractional sections of land tober next、 in said district, and continue from day to day until com

1825.

more than one quarter section

pleted, under the restrictions and limitations herein prescribed, except such sections or quarter sections, as have heretofore been sold or appropriated according to law, and such are reserved from sale by this act.

Sec. 3. The Receiver, in making the sales, shall not Not to sell, at sell at the same time, a greater quantity than one quarthe same time, ter section, and if the same will not bring per acre, one dollar, it shall be stricken off to the State; nor shall the Receiver sell more than the sections in two townships in each day, beginning at the lowest number and selling the sections progressively.

Sec. 4. It shall be the duty of the Receiver to receive of the purchasers the amount of the purchase sortificate, &c. money, which they may have severally bid, and give

To give the purchaser a

Proviso.

The Register to issue a pat

ent thereon.

The purchase

money to be paid before a certificate is

sues.

Penalty for failure to pay

amount bid.

How recovered, &c.

Receiver to keep a record of sales.

such purchaser or purchasers a printed certificate, spe-· cifying the quantity of acres by him, her or them purchased, the price, number and situation of the quarter section, and in what township and range: Provided, that in any case where any one individual shall purchase a half, three-fourths, or whole section, he may give one certificate, including the whole land purchased; and upon the production of such certificate at the Register's office, the Register shall forthwith, as soon as practicable, issue a patent for the same to the original purchaser, his, her or their assignee or assignees, or his, her or their heirs at law, and record the same in a separate book or books, as in other cases; which grant, shall pass the title of this Commonwealth to the pater tee; but in no case shall the Receiver give a certificate of sale, unless the whole purchase money has been paid. And if any person shall fail or refuse to pay immediately, the price by him or her bid for any land at such sale,. when the same shall have been stricken off to such person, he or she shall forfeit and pay the sum of one bundred dollars, (to be recovered by information filed by the Attorney-General, in the General Court, to the use of the Commonwealth, upon application made to him by the Receiver,) and the Receiver shall immediately proceed to sell the land to the highest bidder, again, as though the same had not been previously sold, and such first purchaser shall not be permitted to bid for or buy the same.

Sec. 5. It shall be the duty of the Receiver, in making such sales, to keep a correct record of the same, de scribing therein the particular quantity and situation of each parcel of land by him sold, and the price of the same, and the name of the purchaser or purchasers, to

be by him kept as one of the record books of his office; and to enable the Receiver to perform this duty, it shall

1825.

and may be lawful for him to employ one Clerk, during May employ a the time of making such sales, at the rate of three dol- clerk. lars per day.

Sec. 6. When the Register issues any grant or grants, Duty of the according to the provisions of this act, he shall careful- Register. ly preserve the original certificate in his office, and re

cord the same in a book or books to be by him procured for that purpose.

Sec. 7. The Receiver shall advertise the time and Time & place place of sale in some newspaper printed in the towns of of sales, to be Frankfort, Lexington, Louisville, Russellville, Hender- advertised. son, Maysville and Hopkinsville, at least three months'

before the day of sale.

at

"

Sec. 8. The Receiver shall have power to employ a Receiver may Crier to make said sales, whose compensation shall not employ a crier. exceed three dollars per day, for each day he may be employed in making the public sales; and the Receiv

er shall receive three hundred dollars per annum, as a Receiver's salstated salary for his services, payable quarterly out of ary and com pensation. the public Treasury, and three per cent. on all money's received and paid over to the Branch Bank of the Commonwealth at Princeton; which commission, he is hereby authorized to retain out of any moneys received by him: Provided, the salary and per centage shall, in no, event, exceed eight hundred dollars, Commonwealth's money, annually.

Provise.

Sec. 9. When any quarter section of land authorized Land stricken to be sold by this act, shall have been offered for sale to off to the states the highest bidder, as herein directed, and stricken off may be enterto the State, the same may be entered with the Receiv- ed with the Re ceiver, &c. er, at the rate of one dollar per acre; and on the payment of the full amount of the purchase money for the same, the Receiver shall give him or her a certificate, as provided by the fourth section of this act, which shall entitle the purchaser or his assignee, or his, her or their heirs at law, to a grant, in the same manner as if the same had been sold at public sale.

of.

Sec. 10. And the said Receiver shall, once in three Moneys arising months, (or oftener, if required by the Auditor,) pay from sales, how over to the Branch Bank of the Commonwealth at to be disposed Princeton, all moneys received by him for the sale of lands in said district, (deducting therefrom the commission allowed by law,) and take the Cashier's dupli cate receipt for the same; which shall be placed as a deposit in said Bank, and shall be subject to the orders

1825.

t

Receiva give bond and security.

Condition thereof.

To be filed in the Auditor's ⚫ffice, &c.

To take an ⚫ath.

Receiver, not to purchase lands, &c.

What funds to be received in payment.

Purchase money to be re

of the President and Directors of the principal Bank. And for the purpose of enabling the Cashier of the principal Bank to check for the same, under the order of the said President and Directors, it shall be the duty of the Receiver of Public Moneys for said land district, to file with the Auditor of Public Accounts, within twenty days after the date thercof, the receipt of the Cashier of the Branch Bank aforesaid, who shall issue a certificate of the amount to the Treasurer, which shall be the Treasurer's receipt for the amount thereof, as paid to the Bank of the Commonwealth of Kentucky, on the part of the State.

Sec. 11. The said Receiver, before he enters upon the duties of his office, shall enter into bond with good and sufficient security, to be approved of by the Governor, in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties enjoined on him by law, and shall well and truly pay over to the Branch Bank aforesaid, all public moneys arising from the sale of public lands, as herein prescribed; which bond shall be filed in the office of the Auditor of Public Accounts, and may be put in suit for a breach thereof. And the said Receiver shall, before he enters on the duties of his office, before some justice of the peace, take an oath faithfully to discharge the duties of the office of Receiver of Public Moneys for the Land District West of the Tennessee river, to the best of his skill and abil ity, without favor or affection to the rich or the poor, and that he will not, either directly or indirectly, purchase any land at the said sales, or enter the same thereafter.

Sec. 12. The Receiver shall not, either directly or indirectly, purchase any land at the sales hereby directed to be made; and should any such purchase be made, it shall be absolutely null and void.

Sec. 13. The Receiver, in making the sales provided for by this act, may receive in payment therefor, notes of the Bank of the Commonwealth and the Bank of Kentucky and their Branches, gold and silver, or the notes of any specie-paying Bank in the United States.

Sec. 14. If any lands sold under this act, shall be ta ken from the purchaser or his assignee, by a prior claim, adverse to the title acquired by the sale and purchase funded in cer- under this State, the said purchaser, or person claiming under him, shall receive the amount of the original purchase money, upon the production of the record and certificate of the Judge of the Court, that the said land

tain cases.