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 sufficient number of hands, of the male tithables of said county, to remove all obstructions in said river, and to keep the satne open for navigation.

lotted

What courts shall have ju risdiction o

ver

certain

parts of the

tream

Clerks to

make out copies of the or ders of appointment

SEC. 2. And be it further enacted, That where the said river shall be the dividing line between two counties, it shall be the duty of the court of that county 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 survey or 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.

SEC. 3. And be it further enacted, That it shall be the duty of the clerks of the respective courts, within twenty five days after the appointment of surveyors 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 auty of sher- precinct or division allotted and it shall be the duty

iff's

of the respective sheriffs, within twenty days after the receipt of said copies, to notify each person so appointed, as surveyor or overseer, of his 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 auty 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.

seers

SEC. 4. And be it further enacted, That the several

Courts ma

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-allo 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 appointment, until the expiration of one year after receiving the same,) in either case, the respective courts shall forthwith, appoint some other fit person to fill said Courts to fil vacancy, who shall be notified thereof as is above di

rected.

vacancies

SEC. 5. And be it further enacted, That the said river shall be considered, and is hereby deared na- part part of the vigable, from the mouth of Knob-lick creek in Casey river to be county, to its junction with the Chio; and any per kept open son or persons, who shall build any dam or dams, erect any 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 between two counties, one half thereof shall go to the use applied que 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 abated 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 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.

tam

Repealing

clause

CHAP. CCXIV.

Recital

managers of

AN ACT

Authorising a Lottery for the improvement of the na

vigation of the Kentucky River,

APPROVED, JAN. 10, 1811.

WHEREAS, the navigation of the Kentucky riyer is of great importance to the citizens of this commonwealth; but owing to the obstructious therein, 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, the Lottery That it shall and may be lawful for Green Clay, Thomas C. Howard, John W. Hunt, Lewis San

raised

ders, William N. Lane, Beverly Braudus, Jepthah Dudley, Charles Buck, John Rochester, Beriah Megoffin and John Hann, or a majority of them, te raise by lottery, in one or more classes, as to them may appear necessary, any sum not exceeding ten sum to be thousand dollars, to be applied to the purposes hereafter 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 concerned in carrying the said lottery into effect. The 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 it 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

where lottery

to be sworn

lottery shall, before the same commences, take an oath Conductors of to act fairly and impartially, in the discharge of their the Lottery several offices, which any justice of the peace in said county may administer. If the said lottery is not drawn within two years from the 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.

Time in whi ch the lottery shall be dra

wn

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 rais public advertisement or otherwise, proceed to let out

ed

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 managers, and a recovery had according to their failure. Sec. 3. The said undertakers shall clear the said 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.

Obstructions

to be remov.

CHAP. CCXV.

W

AN ACT

For the benefit of JOHN GATEWOOD.

APPROVED, January 10, 1810.

HEREAS it is represented to the present general assembly, that John Gatewood, purchased a tract of land lying on Big Barren river, in the county of Barren, formerly the property of E

phraim Drake; the said Gatewood having removed to the said tract of land, finds that the houses and a part of the plantation, are situated on vacant lands, which 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 hundred acres 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 assembly, 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 to said land, shall be affected by this act; 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.

1 SEC. 1.Bit enacted by the General Assembly,

That in every case where Fond shall

hereafter be executed by any public officer, in that ca.