was lost est. 1825. crier, &c. Sec. 15. The Receiver's certificate that bis Clerk Mode of payand Crier have faithfully performed their duties, and ing clerk and of the number of days that they may have respectively acted, shall authorize the Auditor to issue his warrants on the Treasurer, for the compensation allowed by this act; and the Auditor is hereby authorized to make a reasonable allowance for advertising and stationary for said office, and issue his warrant therefor. Sec. 16. The Receiver shall not sell, under the pro- What land visions of this act, any section or portion of a section of shall not be land, which may be included in any military entry or sold. survey, provided he is satisfied of such interference, by an attested copy of such entry or survey being served on him, or otherwise. And whereas many persons have heretofore settled Preambic. upon the public lands west of the Tennessee river, and made improvements, under a hope that some liberal provision would be made for them by their government: Therefore, Sec. 17. Be it further enacted, That any person or Actual settlers persons, who were actual and bona fide settlers on any allowed prequarter section or fractional quarter section of land in emptions. said district, on the first day of November, 1824, who shall enter the same with the Receiver of Public Moneys aforesaid, and shall pay to said Receiver, the minimum price fixed by this act, at least ten days previous. to the day of sale, shall be entitled to a pre-emption for the same, on his producing to the Receiver satisfactory testimony, that he or she was an actual and bona fide set iler on the same, on the first day of November, 1824; and where his or her improvement shall extend to more than one quarter section, not occupied by an actual settter, he or she shall be entitled to a pre-emption for any number of quarter sections so improved on, not exceeding two; and on the payment as aforesaid, it shall be Certificate and the duty of the Receiver to give him or her a certifigrant to issue cate, as in other cases; and the Register shall issue a as in other grant therefor to the purchaser, or to his or her as- cases. signee, agreeably to the foregoing provisions of this act: Provided, in any case where there are two or more persons actual settlers on the same quarter section, the oldest settler shall be entitled to the preference. M Provise. 1825. Preamble. And whereas there are many meritorious citizens; who, from the pressure of the times and the scarcity of a circulating medium, will be unable to enter and pay for their lands within the time prescribed by this act: Sec. 18. Be it further enacted, That they shall be enProvision for titled to hold and occupy the same, for the term of three years, from and after the commencement of the sale, free from rent, subject to the provisions and restrictions of the nineteenth and twentieth sections of an act entitled "an act to provide for the sale of the public lands west of Tennessee river," approved December 21st, the benefit of actual settlers. Preamble. Allowed further time. 1821. [Approved, January 3, 1825.] CHAP. 80.-An ACT for the benefit of the securities of Stephen WHEREAS it is represented to the present General Assembly of this Commonwealth, that Stephen Harper, late sheriff of Floyd county, has removed himself out of this Commonwealth, and has failed to return his list of delinquents to the Auditor of public accounts, and also failed to pay over the revenue due from said county, which neglect subjects his securities to the payment of the same: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the securities of Stephen Harper, sheriff as aforesaid, are allowed the further time of six months, from and after the first day of January 1825, to return the list of delinquents of the said Stephen Harper, as sheriff of the said county of Floyd, and pay over the amount of the revenue due from the said sheriff aforesaid, into the public treasury, due for the year 1823, and collectable in the year 1824. [Approved, January 3, 1825. CHAP. 81. An ACT to regulate the Circuit Courts within the fourteenth judicial district. SEC. 1. BE it enacted by the General Assembly of the Muhlenberg, Commonwealth of Kentucky, That hereafter the circuit court of Muhlenberg county shall be holden on the last Mondays in February, May and August, and shall sit six juridical days in each term, if the business of the court requires it; and that hereafter the Hopkins circuit court shall be holden on the first Mondays in March, June and September, and shall sit six juridical Hopkins, 1825. Henderson, days in each term, if the business of the court requires Ohio, Daveiss. Sec. 2. Be it further enacted, That all process hereto- Process, how fore issued, or which may hereafter be issued from returnable. any of the said courts, shall be made returnable to the said courts at the times that they are herein directed to be hoiden, Sec. 3. Be it further enacted, That the county court of County courts Daveiss county shall hereafter sit on the second Mon- of Daveiss, day in each month, except the months in which the cir- Ohio and Muhcuit court sits in said county; and that the county to sit. lenberg, when court of Ohio sit hereafter on the first Monday of each month, except those months in which the circuit court . of said county is directed to be held; and that the county court of Muhlenberg shall hereafter be held on the fourth Monday of each month, except those months in which the circuit court of said county is directed by this act to be held. Sec. 4. Be it further enacted, That all acts or parts of Repealing acts coming within the purview of this act, shall be, and clause. the same are hereby repealed. [Approved, January 3, 1825.] CHAP. 82.-An ACT for the relief of the Sheriffs of Christian and Henry Counties. WHEREAS it is represented to the present General Preambts. Assembly of the Commonwealth of Kentucky, that Matthew Wilson, sheriff of Christian county, and Law rence Gordon, sheriff of Henry county, have been una 1825. ble to collect the full amount of the revenue tax for the year 1823, due and payable the present year, on account of the indisposition of the first named sheriff and one of his deputies. for several months, and the death of one of the deputies of the latter: For remedy whereof, Be it enacted by the General Assembly of the CommonAllowed fur wealth of Kentucky, l'hat the further time of three months ther time. be allowed the said sheriffs to complete the collection of the aforesaid tax, and return their delinquent lists, and settle with the Auditor, and pay the balance due, during which time the said sheriffs shall be exempt from suit or motion by the Auditor, as in other cases, any law to the contrary notwithstanding. [Approved, January 3, 1825] CHAP. 83.-An ACT concerning Theatrical Performances. BE it enacted by the General Assembly of the CommonLaw authoris wealth of Kentucky, That such parts and provisions of ing them to be any law authorising the trustees of any town in this taxed, repeal Commonwealth to levy a tax, fine or imposition, upon ed. tained. the exhibition of any dramatic performance, within the [Approved, January 3, 1825.] CHAP. 84. An ACT concerning Kentucky Land Warrants which may have been lost. SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That when any original A certified copy may be ob- Kentucky land warrant shall or may hereafter be issued, and shall be lost, it shall be lawful for the person or persons in whose name the same was issued, or his heirs or assigns, to obtain a certified copy of the same from the Register's office, and go before some justice of the peace, and make oath that the original is lost, and that it has never been transferred to any other person, except such as are mentioned in the certificate on the back of such certified copy, and that the same is the property of the said affiant, and that the same has never been surveyed or appropriated in any manner whatever; and the surveyor of any county in this Common 1825. wealth shall be, and he is authorised to make a survey upon such certified copy, endorsed as aforesaid, in the same manner as if it was the original; and upon such plat and certificate of survey being returned to the Re- Register to register of the land-office, endorsed as aforesaid, the Re- ceive and act gister shall receive the same, and act thereon as though it was the original. on it. copy. Sec. 2. When any survey shall have been made up- If lost after sur on any Kentucky land warrant, and the same shall be vey, how to oblost after the survey has been made and recorded, it tain a certified shall be lawful for the person or persons in whose name the survey shall have been made, to procure from the surveyor, a certificate, sworn to before some justice of the peace, that such survey was made upon said warrant by him; and the person in whose name the survey was made, shall also go before some justice of the peace, and make oath that the survey, as named in the certificate from the surveyor, is the only survey that has been made on said warrant, and that he, the said assignee, was the owner of said warrant when lost; and upon such survey being presented to the Register, he shall be authorised to receive the same and act thereon as though it was the original. Patent obtain-. ed by false oath be void. Sec. 3. Any person or persons who shall wilfully and Penalty for knowingly take a false oath, in order to obtain the false oath. benefit of this act, shall be deemed and held guilty of perjury, and upon conviction thereof, shall suffer all the pains and penalties inflicted by law, for wilful and corrupt perjury; nor shall any patent obtained under or by virtue of this act, be of any avail, either in law or equity, where the same shall have been obtained by to false affidavit made in pursuance of the provisions of this act, but the same shall be null and void, to all intents and purposes: Provided, however, that nothing in this act contained shall authorise the Register to receive any certified copy of a warrant or survey, where by law the original could not be received and regis tered. [Approved, January 3, 1825, CHAP. 85.-An ACT to amend an act entitled "an act to improve and keep open the navigation of the Beech Fork of Salt River, and other water courses." WHEREAS the erection of mill dams across the Beech Preamble. fork and Rolling fork of Salt river, is found, from expe ence, greatly to injure the navigation of those rivers |