Provisions in which a dis tinction is re pay into the public treasury within twelve months from the passage of this act, the whole amount of the state price, or the balance in case of a partial payment already made, due or to become due, shall be entitled to a discount of the interest due or to become due thereon. Sec. 5. Provided always, and it is hereby expressdeclared and enacted, that no claim to land, founcognized be ded on, or derived under, or by virtue of any county tween' claim court certificate, as an additional, original or remoants upon ac ved claim, upon which there is no actual settlement ment, & those and residence, at the passage of this act, made by the without such owrer of such certificate, or some person claiming settlement Construction section under him or her, the owner or owners thereof, taking, using or falling under the indulgencies, or either of them, for payment, deduction of interest, or redemption herein granted, shall, after the owner so takes, uses, or by failure to pay, falls under the said indulgencies or either of them, have any efficacy, priority or virtue in law or equity, in any conflict or contest with any other adverse claim, located, entered or surveyed, by virtue or colour of any warrant, certificate, or entry whatever, where such adverse claimant, or any one occupying under him, is accually seated on the land at the passage of this act Sec. 6. Provided however, that nothing in the preof preceding ceding section, shall be construed to impair or affect the rights of persons claiming under certificates founded upon a previous actual settlement, made in good faith; nor to impair or affect the rights of persons holding under an additional claim, founded on an original certificate, for land upon which an actual settlement and occupancy, had been made by any Certificates of claimant under such original certificate, at any time, ers or courts before the additional certificate was granted; of not conclusive which settlement, however, the certificates or certificate of the commissioners, or of the county court, shall not be evidence. commission evidence of settlement certain claim to the benefit Sec. 7. That where any person shall be actually ants entitled settled, at the passage of this act, upon a tract of of the 5th land, claiming the same by a location or survey, less than four hundred acres, claiming also a quantity adjoining, not exceeding four hundred acres, such of this act settler shall be entitled to the benefit of the fifth sec tion hereof, as to such adjacent claim, not exceeding four hundred acres. ed SEC. 8. And where any person is actually settled, Certain set at the passage of this act, upon a tract of land of four, tlers protect hundred acres, or any smaller quantity, claining by entry or location, not sufficiently descriptive of the land intended to be appropriated, and not reduced to certainty by actual survey, such settler shall nevertheless, be entitled to protection contemplated in the fifth section of this act, for his quantity of land, not exceeding four hundred acres, when laid off, as nearly in a square, with the lines to the cardinal points and the dwelling seat, at the intersection of the diagonals, as prior actual settlements and military claims will permit. SEC. 9. The auditor of public accounts, shall keep duty of Audi an account and record of the sums paid on any tract, tor of land, and of the time of payment; and a certificate from the said department, signed by the auditor, shall be evidence of the sums paid, the time of payment, deduction of interest, or of a failure to pay within the times prescribed by law, as the case may be. ter SEC. 10. That where any person obtains a quietus, Further duty for the price due the commonwealth upon any tract of the Audi of land, by taking the benefit of this act, either as to tor and regis extension of the time for payment, or for redemption, or for ded action of interest, the auditor shall recite it in the quietus, and the register of the landt office shall recite the same in the grant. W APPROVED, JANUARY 29, 1811. HEREAS, it appears to the present general N to this state in the year 1808, with an expectation of settling his family on vacant land; but previous to that time, the law authorising county courts to grant certificates for land, was repealed. He therefore prays an act may pass, authorising him to enter and bring into grant, a small tract of land adjacent to the tract said Mangham now lives on: Therefore, SEC. 1. BE it enacted by the general assembly, That John K. Mangham is hereby authorised to enter, survey and have recorded, in the county surveyo's office, any quantity of vacant and unappropriated land, not exceeding one hundred acres, adjacent to the tract he now lives on, and return the same to the register's office and on his paying into the treasury at the rate of twenty dollars per hundred, and receive a quietus for the same, within twelve months from this date, a patent shall issue as in other cases: Provided, that nothing in this act contained, shall impair the right, title or claim of any other person or persons whatever. CHAP. CCLXI. Recital Managers ap pointed to AN ACT Further to promote the Navigation of Salt River and its Navigable Branches. Approved, January 29, 1811. HEREAS, the navigation of the different W branches of Salt river, is of great importance to the citizens of that part of this commonwealth ; but owing to the obstructions therein, whereby many losses are incurred, many are deprived of its advan tages: For the purpose of removing said obstruc. tion SEC. 1. Be it enacted by the general assembly, raise $5000 That it shall and may be lawful, for William R. Hynes, James Smiley, John Caldwell, John W. Beckwith, James Crutcher, Elias Davidson, Nathan iel Wickliff, Samuel Smiley and Samuel M'Clean, or a majority of them, to raise by lottery, in one or more classes, as to them may appear necessary, any sum not exceeding five thousand dollars, to be applied to the purposes hereafter mentioned: and the Their duty said William R. Hynes, James Smiley, John Caldwell, John W. Beckwith, James Crutcher, Elias Davidson, Nathaniel Wickliff, Samuel Smiley and Samuel M'Clean, are hereby bound to pay to the fortunate person, 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 par ty aggrieved, or so many of them as were concerned in carrying the said lottery into effect. The drawing where lottery of the said lottery shall be done in Bardstown, in the shall be drawn county of Nelson, and shall not commence unless two justices of of the justices of the peace in said county, are pre- peace, their sent; whose duty it shall be, to see that the same is duty fairly and properly conducted. And each of the drawers, examiners and clerks, and all others concerned in drawing said lottery, shall, before the same commences, take an oath to act fairly and impar tially, in the discharge of their several offices, which any justice of the peace in said county may adminis ter. If the said lottery is not drawn within two How money years from the passage of this act, it shall be lawful to be refund for the purchasers of tickets, to demand and receive ed the money they have respectively paid, from the per sons receiving the same. SEC. 2. Be it further enacted, That upon the re- How money ceipt of the monies produced by the said lottery, the to be applied said commissioners, or a majority of them, shall, by public advertisement or otherwise, proceed to let out to the lowest bidder, the removal of all obstructions in the several branches of Salt river, from their present highest points of navigation to its mouth, to any individual or individuals that will undertake the same; who shall, before they proceed to work thereon, give bond and security to the managers 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 Further duty of managers 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, fishtraps, shrub all points of islands, and remove other impediments therein; and the time for its performance shall be limited at the discretion of said managers. CHAPTER CCLXII. Preamble May be tried in Harrison AN ACT For the relief of ANDREW BIGGS. APPROVED, January 29, 1811. WHEREAS, it is represented to the present general assembly, that a certain Andrew Biggs, is recognized to attend the next April term of the Montgomery circuit court, in consequence of a charge exhibited against him in the county of Montgomery, of the murder of one William Sanders; and it is apprehended, from the prejudices existing against him in the said county, that he cannot be impartially tried therein-Therefore, BE it enacted by the general assembly aforesaid. That if an indictment is found against the said Andrew Biggs, at the next April term of the Montgomery circuit court, he shall be entitled, if on his appearance to said indictment, he requests it, to a trial in the Harrison circuit court; and such request shall be forthwith entered on the records of said Montgomery circuit court; whereupon, if the said court last menRegulations tioned shall be of opinion, that the offence charged in concerning such indictment is bailable, the said Biggs, if he can provide sufficient bail, shall be recognized with such bail, in due form of law, to appear on the first day of the next Harrison circuit court in June next, to answer the matter contained in such indictment: And if the said Montgomery circuit court, shall be of opin bail |