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of the said courts respectively, at the time they shall Overseers to lay off said river, into precincts or divisions, to apbe appointed point a surveyor or overseer, to each precinct or diand hands al vision, and allot to each a suíficient number of hands, lotted

of the male tithables of said county, to, remove all obstructions in said river, and to keep the satne open

for navigation. What courts sball have ju

Sec. 2. And be it further enacted, That where the risdiction 0. said river shall be the dividing line between two

certain counties, it shall be the duty of the court of that counparts of the

ty which is oldest, or shall have been first established, to lay off so much of said river as shall bind thereon, into precincts or divisions, and to appoint a surveyor or overseer to each'; and in such case, all the male tithables of each of the adjoining counties, who shall reside within three miles of said river, shall be, and the same are hereby allotted to the said surveyors or overseers so appointed, to enable him to clear out and

keep in repair said river. Clerks to Sec. 3. And be it further enacted, That it shall be make out co. the duty of the clerks of the respective courts, within pies of the or

twenty five days after the appointment of surveyors pointment or overseers, as by this act directed, to make out and

deliver to their respective sheriffs, copies of the several orders appointing surveyors or overseers, specifying therein, the bounds of the precinct or division to

which each one is appointed, and the hands to each Buty of sher- precinct or division allotted : and it shall be the duty ifts

of the respective sheriffs, within twenty days after the receipt of said copies, to notify each person so appointed, as surveyor or overseer, of bis said appointment, either by delivering to him a copy of said order, or by leaving the same with some person, at his

usual place of residence : and the several persons so sets of over appointed as "surveyors or overseers, when they shall

be notified thereof, shall call on the hands to each of them allotted, and with said hands shall, at least twice in every year, and as often thereafter as shall be found nessary, proceed to clear out said river, as is directed by the second section of an act approved the 16th of February, 1808, for improving the navigation of Green river.

S£c. 4. And be it further enacted, That the several

ders of ap

Courts

mas

vacancies

'erect any

county courts aforesaid, shall have power, at any time
when to them it shall seem 'expedient, to alter or alter the dis.
change the bounds of the several precincts or divi- tricts
sions, in their respective counties, and to re-allot the
hands thereto ; and when any surveyor or overseer, th hands

and re-allad
appointed in pursuance of this act, shall remove out
of the bounds of his precinct, or shall resign saidiap
pointment, (which they shall not be permitted to do
without the leave of the court 'making such appoint-
m-nt, until the expiration of one year after receiving
the same,) in either case, the respective courts shall

furth with, appoint some other fit person to fill said Courts to fix
vacancy, who'shall be notified thereof as is above di-
rect d.

Sec. 5. And be it further enacted, That the said
river shall be considered, and is hereby dhared na part

part of the vigable, from the mouth of Knob-lick creek in Casey river 10 be county, to its junction with the Ohio ; and any per kept open son or persons, who shall build any dam or dams,

fish
pot or trap, or shall fall

or place any
tree or trees in, or across said river, within the bounds
by this act. declared navigable, unless authorised
so to do by special act of assembly, shall for every
such offence, forfeit and

pay

the sum of fifteen dollars, to be recovered before any justice of the peace, structing the

penalty on ob
in the county where such offence shall have been navigation ..
committed, or in either of the adjoining counties,
where the offence shall have been committed in that
part of said river which shall be the dividing line be-
tween two counties, one half thereof shall go to the use applied quia
of the informer, and the other half shall be paid to the
surveyor or overseer, of that part of the river where
said offence shall have been committed, to be 'by him
applied to the farther improvement of the navigation
of said river and such dam or dams, fish pot or
trap, or other obstruction, shall be abàted or removed
by the surveyor or overseer.

Sec. 6. And be it further enacted, That the fifth
section of an act for improving the navigation of Green clause

Repealing
river, and every other part or parts of said act, which
comes within the purview of this act, shall be, and
the same are hereby repealed.

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ゆかり

CHAP: ccXI. ,

AN ACT

Authorising a Lottery for the improvement of the navigation of the Kentucky River,

APPROVED, JAN. 10, 1811. WHEREAS, the navigation of the Kentucky riRecital

yer is of great importance to the citizens of this commonwealth ; but owing to the obstructious there. in, whereby, many losses are incurred, many are deprived of its advantages-For the purpose of 'removing said obstructions,

• Sec. 1. Be it enacted by the general assembly, managers of the Lottery That it shall and may be lawful for Green Clay,

Thomas C. Howard, John W. Hunt, Lewis Sanders, William N. Lane, Beverly Braudus, Jepthah Dudley, Charles Buck, John Rochester, Beriah Megoffin and John Hann, or a majority of them, tą raise by lottery, in one or more classes, as to them

may appear pecessary, any sum" not exceeding ten sum to be thousand dollars, to be applied to the purposes heretaised

after mentioned ; and the said Green Clay, Thomas C. Howard, John W. Hunt, Lewis Sanders, William N. Lane, Beverly Braudus, Jepthah Dudley, Charles Buck, John Rochester, Beriah Megoffin and John Hann, are hereby bound to pay to the fortunate persons, the amount that each person shall be justly entitled to, by the event of the said lottery ; and in case of failure, shall be liable to the action of the party aggrieved, or so many of them as were con..

cerned in carrying the said lottery into effect. The where lottery drawing of the said lottery shall be done in the to be drawn county of Fayette, and town of Lexington, and shall

not commence, unless two of the justices of the peace in said county are present, whose duty is shall be, to see that the same is fairly and properly conducted ; and each of the drawers, examiners and clerks, and all others concerned in drawing said

wn

lottery shall, before the same commences, take an oath Conductors of to act fairly and impartially, in the discharge of their the Lottery

be several offices, which any justice of the peace in said county may administer. If thé said lottery is. Time in whi not drawn within two years from the passage of this ch the lottery act, it shall be lawful for the purchasers of tickets to shall be dra demand and receive the money they have respectively paid, from the persons receiving the same.

Sec. 2. Be it further enacted, That upon the re- Appropriati. ceipt of the monies produced by the said lottery, the on of the fund said commissioners, or a majority of them, shall by thereby raispublic advertisement or otherwise, proceed to let out to the lowest bidder, the removal of all obstructions in the Kentucky river, from Garrard's lick to its mouth, to any individual or individuals, by precincts undertaker to or otherwise, that will undertake the same; who execute bond shall, before they proceed to work thereon, give bond and security to the maragers aforesaid, for the faithful execution of their duties as herein described, according to the undertaking they shall make ; which may, upon breach thereof, be put in suit by said maaagers, and a recovery had according to their failure. Sec. 3. The said undertakers shall clear the said Obstructions

to be remov. river as aforesaid, clear of all logs, brush, trees, rocks, ed and abafish-traps, shrub all. points of islands, and remove ted other impediments therein : And the time for its performance, shall be limited at the discretion of said managers.

CHAP. CCXV.

AN ACT
For the benefit of John GATEWOOD.

APPROVED, January 10, 1810.
HEREAS it is represented to the present

general assembly, that John Gatewood, pure chased a tract of land lying on Big Barren river, in the county of Barren, formerly the property of E.

W

phraim Drake ; the said Gatewpod having removed to the said tract of land, finds that the houses and a part of the p antation, are situated on vacant lands, whica is ascertained to contain fifty-two acres, or thereabouts, and bounded as follows, to wit : Beginning at the corner 'which said Drake began at, when his said survey of two hundmed acre's was made, at a large beech tree on Barren river; thence with his line S. 54 E. 219 poles to his corner, a stake : thence S. 46, W. 70 poles to a stake; thence N. 40, W. 220 poles to a stake on the river ; thence N. 46, E. 10 poles to the beginning :- Wherefore,

Sec. 1. BE it enacted by the general asscmbly, That the said Gatewood may, and he is hereby authorised, to cause the said survey of fifty-two acres to be examined and recorded in the office of the surveyor for said county, and thence be returned to the register of the land office ; who is hereby authorised and required, to register the same : and upon the said Gatewood paying into the public treasury, at the rate of twenty dollars per hundred acres, the register shall issue a patent for the same : Provided however, that no person or persons, who may have a righ: either in law or equity toʻsaid land, shall be affected by this . áct ; but such person or persons' right shall remain unimpaired, any thing in this act nothwithstanding. Provided also, that the said Gatewood, or his heirs or assigns, pay into the public treasury, at the rate of twenty dollars per hundred acres therefor, within twelve months after the passage of this act.

CHAP. CCXVI.

AN ACT
Concerning Officers' Bonds.

APPROVED, Jan. 15, 1811.

Fit enacted by the General Assembly, I SEC. 1.

where rond shall hereafter be executed by any public officer,, in that ca

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