CHAP. CCLXXIV. AN ACT To amend the act altering the mode of taking in lists of Taxable Property. APPROVED, January 30, 1811. SECT. 1. Be the Commonwealth of Kentucky, Persons not E it enacted by the General Assembly of purpose from attend may send when That persons not bound to perform military duty, bound to per shall not be bound to attend muster for the form military of giving in lists of their taxable property; but such duty, excused persons shall, in every year, make out their lists of ing musters taxable property, and of persons they are bound to to list their pay taxes for, and make the oath required by law in property that respect, before some justice of the peace, and shall transmit it to the commissioner of their districts their lists on respectively, or shall give in their lists respectively, oath to the proper commissioner: the person or persons · so complying, on or before the first day of August, in each or any year, shall be exempt from the penalties for not attending to give a list of persons and property, subject to taxation in that year. Any other Other persons person who may have failed to attend muster, for the failing, may purpose of giving in his list, may in like manner be send their exempt from the penalties there for, by complying with the provisions of the preceding section, by the time therein mentioned. The commissioners shall when have power to make personal application to persons within his district, for their lists of property subject Commission to taxation, at any place within their respective coun- for lists ties. Where any captain's company is, or shall be divided by a county line, the county courts respec- Provisions tively, shall appoint commissioners in such sections where a com of companies, as are within their respective counties. pany lies in Each county court clerk shall make out three alpha- Clerk to make betical books, of all persons and property subject to out 3 books taxation, returned to him by the commissioners; one ૧ lists ers may apply two counties. disposition thereof To give co pies thereof Penalty on clerks of which he shall transmit to the auditor of public accounts, by the tenth day of December in each year, one other he shall deliver to the sheriff on request; the third he shall carefully preserve in his office, which shall be open to the inspection of every person, and shall give out copies thereof, or of any part thereof, to any person requiring. If any clerk shall fail to perform any of the duties enjoined upon him by this act, he shall forfeit and pay the sum of two how recover. hundred dollars, to be recovered as the other penalties in the act to which this is a supplement. SEc. 2. And where from any cause whatever, any Courts may commissioner shall fail to proceed to discharge the duties enjoined on him by law, by the first day of Au gust, the county courts shall, at their next court, appoint some other fit-person, who shall thereupon proceed to take in the list in his said district, giving at least fifteen days notice in writing, at three of the most public places in his district, of the time and place he will attend for that purpose? ed make a se cond appoint ment SEC. 3. That the several clerks shall, within five elerks to make days after appointment of commissioners, make out out copies of two copies of each appointment, and the sheriffs of pointment. the respective counties shall, within fifteen days Duty of sher thereafter apply therefor; and shall, within fifteen orders of ap iff penalty on she riff's failing to do his du ty How fines days, deliver ex-officio, one of said copies to, the person so appointed, and shall return the other to the clerk's office, with an endorsement thereon, of the time he served the same. And each sheriff or clerk, failing to perform the duties hereby enjoined on them, shall be subject to a fine of ten dollars, in addition to the fine now imposed by law. SEC. 4. That all fines imposed by this act, or the eact to which this is a supplement, shall be recovered by motion before the county court, ten days notice being previously given to the party, of such intended Pow applied motion; and all fines collected on any such motion, shall be applied towards lessening the county levy. Courts to see And it shall be the duty of the several county courts this act carri within this commonwealth, to see that this act, and the ed into opera act to which this is a supplement, is put into complete operation, and all delinquencies duly punished. tion Sec. 5. Be it further enacted, That it shall be the duty of the commissioners of tax, for the year 1811, to take an accurate account in his book, of every white male inhabitant above the age of twenty-one years, in their several districts, and on every four years thereafter, for the purpose of enabling the legisla ture to apportion the representation in this common wealth. Commission ersto note the No. of voters Commission ers exempt SEC. 6. The persons performing the duties of a commissioner, shall be exempt from serving on juries, working on roads, from fine for not attending mus- from certain ters, for one year next succeeding the the appoint- services ment; but shall not be exempt from performing a tour of duty, if drafted or called into actual service. SEC. 7. Any commissioner failing to perform the duties according to his appointment, without reasonable excuse, shall be fined in any sum not exceeding sixty dollars, to be recovered as directed by the act to which this is an amendment; SEc. 8. And whereas, many persons have neglect. ed to give in their lists of taxable property, to the commissioners for the last year— Penalty on commission ers for a fail ure of duty How omissi ons of last year may be supplied Be if enacted, That it shall be the duty of all such, to supply such omissions, by giving in a list of their taxable property, for the last year, at the time they may give in their lists for the present year and any Penalty person failing so to do, shall be subject to the penalties inflicted by law, for failing to give in their lists of taxable property. Sec. 9. That all persons belonging to volunteer With whom companies or corps, shall give in their lists of procertain per sons to list perty and persons subject to taxation, to the commis- their property sioner for that miltia captain's company, within which they may respectively reside, So much of any act as comes within the purview hereof, is hereby repealed. Concerning Executions. APPROVED, Jan. 31, 1811. E it enacted by the general assembly of the Commonwealth of Kentucky, That where any obligor, obligors, or either of them; obligee, obligees, or either of them, in any replevin bond, taken on execution, or on any bond taken by any lawful officer for sale of land, at three months credit, shall now be dead, or may hereafter die, before satisfaction, execution or executions may be sued out on any such bond, in, the name of the surviving obligee or obligees, or against the surviving obligor or obligors, as the case may be, without suing out a writ of scire facias, or other dilatory proceeding. CHAP. CCLXXVI. AN ACT To appoint Managers on the Turnpike and Wilderness APPROVED, January 31, 1811. Preamble W general assembly, that the law which passed WHEREAS, it is represented to the present at the December session, 1807, authorising the gov Sec. 1. Be it enacted by the general assembly of the Commonwealth of Kentucky,That Andrew Craig, from Managers ap the county of Knox; John Burditt, from the county pointed of Rockcastle, and Robert Caldwell, from the county of Madison, be, and they are hereby appointed managers of the turnpike and wilderness road; whose duty it shall be, to call on Christopher Durbin, for- their duty mer keeper, and John Reid, present keeper of the turnpike, for a correct statement of all the monies by them received, during the time each of them were keeper of the said turnpike and it shall be the duty duty of form of the said Durbin and Reid, to make such statement er & present on oath, before some justice of the peace, in order keeper that the aforesaid managers, may be enabled to make a correct settlement with the former directors. settle with Sec. 2. And be it further enacted, That it shall be the duty of Andrew Craig and John Burditt, or their managers to successors to make a full and complete settlement with the present Joseph Welsh, Robert Caldwell and Nathaniel Ro- directors chester, esquires, present directors of the turnpike and wilderness road, on or before the first day of when May next: and all monies upon such settlement, which shall be found in the hands of either of said money due to directors, appertaining to the said institution, present mana be paid the shall be immediately paid over into the hands of the gers aforesaid managers. ers SEC. 3. And be it further enacted, That it shall be the duty of the said managers, or a any two of them duty & pow concurring therein, to appoint from time to time, a sufficient number of commissioners, to work and keep said road in the best possible repair, under the same laws and regulations, as are now in force relative to the said turnpike and wilderness road; but said managers shall be vested with the power of dismis sing said commissioners, and appointing others in their stead, for a neglect of their duty: And it shall be the duty of the aforesaid managers, to examine the work which shall be patronized by the said commissioners. SEC. 4. Be it further enacted, That the said managers shall have the same power, which is now by Their pay law given to the directors of said road, in performing the duties assigned them, in appropriating the money collected at the said turnpike for the use of |