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executive authority of such other state or territory, and ordered to be apprehended by the warrant of the governor of this state, the circuit or assistant judge before whom he or she is brought, shall order him or her to be delivered up to the agent of the state or territory demanding him, to be transported to such state or territory agreeably to the Jaws of the United States: or if such agent be not present, said circuit or assistant judge may commit such fugitive, by warrant, to the jail of any county in this state; and the judge who commits the And to inform fugitive, shall immediately inform the governor of the Governor this state of the commitment of such fugitive, and to what jail he or she has been committed; and on demand he or she shall be delivered to the agent or messenIf no agent ger: But if no agent or messenger shall apply and three months, the demand the body of such fugitive, within three person apprenonths from the time of his or her commitment, he or she shall be discharged from imprisonment.

thereof.

shall appear in

hended is to be

discharged,

fore ho receives

Sec. 3. Be it further enacted, That the agent or The agent be- messenger of the state or territory demanding such him is to pay all fugitive, shall, at the time of receiving his or her body, pay all legal costs incurred in apprehending and securing such fugitive, due to the different officers and witnesses attending the enquiry.

eosts.

Certain acta repealed.

SEC. 4. Be it further enacted, That an act of assembly, approved the sixth of December, one thousand eight hundred and three, entitled "An act respecting fugitives from justice," also an act, approved December the 24th, one thousand eight hundred and five, entitled "An act to authorize the apprehending fugitives from instice, in certain cases," shall be, and the same are hereby repealed.

CHAP. CCVIII.

AN ACT for the relief of the citizens of Caldwell
County.

APPROVED, January 27, 1815.

WHEREAS it is represented to the present general assembly, that great dissatisfaction exists a

mong the citizens of the county of Caldwell in consequence of the establishment of the seat of justice of said county at the town of Eddyville: For remedy whereof,

Citizens of said county to vote removal of the

for or against the

seat of justice.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for all the qualified voters of Caldwell county, at the next election for members of the legislature, after the passage of this law, to express by vote their opinion, upon the propriety of removing the seat of justice of said county, to some other place to be designated upon said poll, or its continuance at the place where it now is; and it shall be the duty of the sheriff and judges of said iff and judges of elections, to open a poll for said voters, and keep open the said poll until the election for members of the legislature is closed.

Duty of sher

elect❜ons.

Polls

Sec. 2. Be it further enacted, That the sheriff of said county, shall compare the votes taken under the compared. provisions of this law, at the court house, and in the election precincts, at the time and place where the votes for members of the legislature are now compared by law; and if it shall appear on said comparison,

to be

return to the

Duty of the

on the result of

that a majority of votes so given, shall be in favor Sheriff to make of changing the seat of justice to any named place county court. from the present seat, the said sheriff shall make return thereof to the next county court for said county; and it shall be the duty of said court, upon such re- county court upturn, and on its appearing therefrom, that any place the vote returned other than the present seat of justice, has received a by the sheriff. majority of the votes so given, to procure by purchase or otherwise, two acres of land for the erection of a court house, jail, and such other public buildings as are now by law required to be erected in each county; and shall, immediately after ascertaining the sense of a majority of the votes, as aforesaid, proceed to cause to be erected the necessary public buildings.

of the
court.

county

SEC. 3. Be it further enacted, That the county Further duty court for said county, at their next October term after the aforesaid election, shall make the necessary appropriation for carrying into effect all the provisions of this act.

SEC. 4. Be it further enacted, That if the justices

failure to dis

assigned by this

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Penalty for a of the peace of said county of Caldwell, for the charge the duties time being, shall fail to carry into effect any of the measures required by this act, within three months after such return, they shall each of them so failing or refusing, be considered guilty of malfeasance in office, and forfeit and pay the sum of one hundred dollars, to be recovered by motion in the circuit court of said county; and the money so recover ed, shall be applied towards lessening the county levy.

notice of the e

lection.

SEC. 5. Be it further enacted, That it shall be the Sheriff to give duty of the sheriff of said county, to give notice in writing thirty days before the next election, at the door of the court house, and at the doors of the sev eral houses in which elections are held in said county, of the provisions of this act: And it shall be the duty of the clerks and judges of the election here directed to be held, before they enter upon the duties of their office, to take an oath before some justice of the peace, impartially to perform the duties herein required.

Clerk and

Judges' oa b.

Qualification

of voters.

Provisa

SEC. 6. Be it further enacted, That the voters under the provisions of this law, shall possess the same qualifications that are required, and be subject to the same pains and penalties that are by law imposed on voters by the general law relating to the election of members of the legislature, for a violation of the same. Provided, however, That upon condition the seat of justice is removed from the town of Eddyville, the right and title to all the donations of real property, made to the county court of said county for public purposes, shall revert and completely vest in the respective donors, and be subject to their control and disposal, as though no such donations. had been made.

CHAP. CCIX.

AN ACT further to regulate and establish the town of Flemingsburg.

APPROVED, January 27, 1815.

WHEREAS Benjamin Roberts died possessed of eight hundred and thirty-five acres of land in the

now county of Fleming, which by his last will and testament he devised to several devisees; and the said devisees, by agreement among themselves, made an amicable division of said land, and thereafter John Field, one of the said devisees, conveyed to George Stockton, by deed of record in the clerk's office of the Mason county court, one hundred and fifty-eight acres of said land, being the part allotted to him in said division, as a devisee-and whereas, the division made between said devisees was never recorded, and is now lost: and the town of Flemingsburg has been since established in part, on that part of said John Field's, so conveyed-For remedy whereof,

The division of

confirmed

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the amicable land ratified and division made between the devisees of said Benjajamin Roberts, deceased, be, and the same is hereby ratified and confirmed; and that the part assigned to said John Field, one of said devisees, shall be held and deemed to be the share of said John in severalty, as designated by the aforesaid deed from said John Field to said George Stockton, to all intents and purposes, in law and equity.

Deeds made by the trustees decla

SEC. 2. Be it further enacted, That the deeds of conveyance, from any of the trustees of the town of Flemingsburg heretofore made to any purcha- red valid. sers of lots or their assignees, shall be, and the same is hereby declared valid, aud sufficient to pass the legal estate to said purchasers and their assignees, to all intents and purposes,

The land vested

in the trustees,

SEC. 3. Be it further enacted, That all the said tract of one hundred and fifty-eight acres of land, conveyed by said John Field to George Stockton, except the lots which have heretofore been conveyed by the trustees of said town to purchasers, shall be, and the same is hereby vested in the present acting trustees and their successors in office, in fee simple: Provided, however, That the public square including the court house, shall remain vested in the Previso, justices of the county court, and their successors in office as heretofore.

vey lots sold but

SEC. 4. Be it further enacted, That the trustees Trustees to con of said town, and their successors, shall convey to not conveyed,

which remain un

sold.

Proviso.

the purchasers of lots in said town, all the lots here tofore sold, and which have not been conveyed; and said deeds shall be sufficient to pass the estate in said lots in fee simple. And if there be any lots in and may sell lots said town unsold, according to the plat hereafter established, the trustees may sell and convey the same at the request of the said George Stockton, for his use and benefit. Provided, however, that nothing in this act contained, shall authorise the said trustees or their successors, to sell and convey any lot which said George Stockton may have laid off and appropriated to any public use and that nothing in this act shall be so construed as to prejudice the claim of the devisees of said Benjamin Roberts, deceased; but if they, or any one of them, may hereafter choose to institute a suit in chancery, for a redivision of said land, the same shall remain as to them in that respect, as if this act had not passed.

Plat of the town established.

alected.

SEC. 5. Be it further enacted, That the plat of the town of Flemingsburg, as laid down by William Rout, is hereby established; and the boundaries of lots in said town, shall remain the same as is surveyed by said Rout.

SEC. 6. Be it further enacted, That the trustees Trustees to be for the town of Flemingsburg, shall hereafter be elected by the inhabitants thereof, agreeably to an act of the general assembly, approved the seventeenth of December in the year one thousand eight hundred, entitled " an act to amend an act entitled an act concerning towns in this commonwealth ;”. and whenever a vacancy shall happen, such vacancy shall be filled by the remaining trustees.

Vacancies to be filled.

May impose an additional tax on

SEC. 7. And be it further enacted, That the trustees of said town, shall have full power and authority, to levy and collect from the owners of lots in real estate in said said town, any sum not exceeding one hundred dollars in each and every year, in addition to the tax already imposed by law, to be levied in proportion to the value of said lots, and collected as heretofore.

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