commence:

Covinous

law, are required to be made on the premises, shall be made on some notorious and public part thereof: and no sale of real estate, by virtue of any execution, when sales to shall be commenced sooner in the day than eleven o' clock, A. M. nor later than three o'clock, P. M. And all sales by colour of any execution, had or Sales may be made by covin, fraud or collusion, between plaintiff set aside and sheriff, or other officer acting under such execution; or between defendant and such officer; or between any purchaser or any such officer, or in any wise contrary to the provisions hereof, may be set aside by motion to the court having proper jurisdic diction thereof, to be commenced within one year, by any person or party aggrieved thereby, by serv ing a notice of the intended motion on the proper parties thereto which notice, if served in term time of the court having jurisdiction thereof, may be returned during the same term, or to the term next succeeding such service Provided, that the court may for good cause, grant continuances of said motion, from term to term, or from one day of a term, to another day of the same term.

by motion

when tried

Proviso

Clerk to note

on returned.

SEC. 8. Be it further enacted, That it shall be the when executi- duty of the clerk of the court, from whence any execution may issue, to note in his execution book, the time when the same-is returned to his office; which shall be evidence on motion or suit against any sheriff, for any failure to perform the duties prescribed by this act.

motions for fces limited.

SEC. 9. And be it further enacted, That all motions now allowed by law against sheriffs, for officers fees put into their hands for collection, may be sued and prosecuted as heretofore, at any time within two years after the time at which he is bound by law to account for such fees.

CHAP. CCLXXXVIII.

AN ACT

Authorising a Lottery to improve the Limestone road, from Maysville to the South end of Washington, in

• Mason county.

APPROVED, JANUARY 31, 1811.

SEC. 1. BE it enacted by the General Assembly,

gers

That it shall and may be lawful, for Managers ap Francis Taylor, Adam Beatty, John Chambers, pointed James Champers, James Morris, Vincent Cleneny and John Brown, or a majority of them, to raise by lottery, in one or more classes, as to them may ap pear necessary, any sum not execeeding five-thousand dollars, to be applied to the purposes hereafter mentioned; and the said Francis Taylor, Adam Beatty, John Chambers, James Chambers, James Morris, Vincent Cleneny and John Brown, are here- duty of mana by bound to pay to the fortunate persons, the amount that each person shall be justly entitled to by the event of said lottery; and in case of failure, shall be liable to the action of the party aggrieved, or so many of them as were concerned in carrying the said lottery into effect. The drawing of said lottery shall Where to be be done at the town of Washington, in the county of Mason, and shall not commence. unless two of the justices of the peace in said county are present, whose duty it shall be, to see that the same is fairly justices of and properly conducted; and each of the drawers, their duty. examiners and clerks, and all others concerned in drawing said lottery, shall before the same commences, take an oath to act fairly and impartially in the discharge of their several offices; which any justice

drawn

the peace,

of the peace in said county may administer. If the How money said lottery is not drawn within two years from the refunded. passage of this act, it shall be lawful for the purchasers of tickets, to demand and receive the money they have respectively paid, from the persons receiving the same.

SEC. 2. Be it further enacted, That the profits re, How to be ap sulting from the said lottery shall be applied by the plied said managers, to the improvement of the road leading from Limestone, in Mason county, through the town of Washington, as followeth, to wit: One half of the profits of said lottery, to be applied exclusively to the improvement of that part of the road which lies between Maysville and the top of Limestone hill, as to the said managers shall seem best-And the other half of the said profits, to be applied to the improvement of such part of the said road from the top of Limestone hill, to the south end of the town of Washington, and in such manner as to the said managers, or a majority, shall seem most expedient.

first meeting.

SEC. 3. And be it further enacted, That the said managers shall hold their first meeting at the house of Baldwin B. Stith, in the town of Washington, on the third Monday in March next, and whenever thereafter they deem expedient.

CHAP. CCLXXXIX.

AN ACT

Concerning the Lexington Library Company.

1.BE

SEC. 1.

E it enacted by the General Assembly of the commonwealth of Kentucky, That the directors of the Lexington Library Company, or their successors, may raise by lottery, in one or more classes, as to them may seem best, any sum of money not exceeding three thousand dollars; and that they, and their successors, shall be liable to the for tunate persons, for any sum of money they may be entitled to, in drawing the said lottery.

Sec. 2. Be it further enacted, That if the said lottery is not drawn within three years, the persons pur chasing tickets may recover the amount paid therefor

CHAP. CCLXC,

AN ACT

n

Supplementary to an act entitled "an act to revive the laws allowing longer time for receiving platts and certificates into the Register's office," Approved, January 25, 1811.

APPROVED, Jan. 31, 1811.

Sec. 1.B of the Commonwealth of Kentucky, That

E it enacted by the General Assembly

nothing in the third section of the before recited act, shall be construed to legalize or give validity, to any military or Virginia land-office treasury warrant claim, which has been entered, surveyed or patented south of Green river, or in the tract of country acquired by the treaty of Tellico.

Sec. 2. Be it further enacted, That nothing in this act shall be construed, to prevent any persons from returning platts and certificates to the register's office, agreeably to the provisions of the first, second and third sections of the before recited act.

CHAPTER CCLXCI.

AN ACT

For the relief of certain Clerks and Surveyors in this Commonwealth.

WH

APPROVED, JAN. 31, 1811.

HEREAS an act passed at the last session of the general assembly of this commonwealth entitled an act concerning the bonds of certain officers, guardians, administrators and executors' approved, January 23d, 1810-by which said recited

Preamble

Clerks and

bonds to the

act, the several clerks or surveyors in this commonwealth, were bound to enter into bond, according to the provisions in the before recited act contained, sometime in the year 1810; which bonds were directed by said act, to be transmitted by said clerks, to the clerk of the court of appeals, in the year aforesaid. And whereas it is represented to the present general assembly, that many of the clerks in this commonwealth have entered into bond according to the provisions of the before recited act, but unintentionally have neglected and failed to transmit the same ta the clerk of the court of appeals, within the time limited by said act-For remedy whereof,

Sec. 1. Be it enacted by the general assembly, surveyors who That where any clerk or surveyor, hath entered into have failed to bond according to the provisions in the before recitransmit their ted act, and hath failed to transmit the same to the clerk of the clerk of the court of appeals, within the time aforecourt of ap- -said; that in every such case, such clerk or surveypeals, allowed or be allowed the further time of six months, from a further time the end of this present session of assembly, to return Isaid bond to the clerk of the court of appeals.

of six months

If they have failed to give bend, or if given, it has

been lost, the further time

of six months given to execute the bond required.

Sec. 2. Be it further enacted, That where any clerk or surveyor hath failed to enter into bond and security by the said recited act required, or if ha ving given bond, the same hath been lost or mislaid, the further time of six months from the passage of this be allowed them to enter into bond and seact, curity, as by the said recited act is required, and re turn them to the proper office.