this act had not been made. And that the court of the said county of Hampshire, shall have jurisdiction of all actions and suits, in law or equity, depending before them at the time of the said division, and shall try and determine the same, and award execution thereupon. That in all elections of a senator, the said county of Hardy shall be of the same district with the said county of Hampshire.

Further time allowed to enter certifi

cates for set

CHAP. XXXVI.

An act for reviving, amending, and continuing An act to revive and amend in part, an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights, and for other purposes.

I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and eighty-four, intituled "An act to revive and amend in part, an act, tlementrights intituled an act for giving farther time to enter certifiand for locat- cates for settlement rights, and for locating warrants ing warrants upon pre-emption rights, and for other purposes, upon prewhich was continued by a subsequent act, expired on emption rights. the first day of June last, and it is expedient that the same should be revived, continued, and amended:

II. Be it therefore enacted, That the said recited act shall be revived, and continue and be in force until the first day of November, one thousand seven hundred and eighty-six, and no longer; within which time, the register of the land-office, or his deputy, shall receive all plats and certificates of survey, although not returned within the time heretofore limited by law; and such lands shall not be considered as forfeited, or liable to a forfeiture on that account. And whereas, the time allowed for entering certificates for settlement rights is

expired, and it being adjudged necessary that the same ought to be revived and continued,

III. Be it therefore enacted, That it shall and may be lawful for the surveyors of this commonwealth, within their respective counties, at any time before the first day of June next, to receive and enter all such certificates, or the attested copies of such as shall be lost, and to proceed to survey the same as the law directs. And whereas sundry persons have been prevented by unavoidable accident, from obtaining and entering preemption warrants before the register of the land-office was prohibited from issuing any more warrants by a resolution of the general assembly.

rants.

IV. Be it further enacted, That all such persons Price of preshall be allowed until the said first day of November, emption war to obtain and enter such warrants. And that every person entitled to a pre-emption warrant as aforesaid, shall pay into the public treasury, thirteen shillings and four-pence for every hundred acres of land, in specie or audited certificates, in full for the state price heretofore required, which being audited, and a certificate thereof produced to the register of the land-office, the said register is hereby authorized and directed to issue such wrarant to the party entitled to the same, or to his assigns.

CHAP. XXXVII.

An act for dividing the county of

Fayette.

formed.

BE it enacted by the General Assembly, That from Fayette counand after the first day of May, one thousand seven ty divided, & Bourbon hundred and eighty-six, the county of Fayette shall be divided into two distinct counties, that is to say, so much of the said county within the following lines: Beginning at the mouth of upper Howard's creek, on Kentucky river, running up the main fork thereof to the Boundaries. head; thence with the dividing ridge between Kentucky

VOL. XIT.

M

Court days.

and Licking-creek, until it comes opposite the head of Eagle creek, from thence a direct line to the nearest part of Raven creek, a branch of Licking, down Raven creek to the mouth thereof; thence with Licking to the Ohio; thence with the Ohio to the mouth of Sandy creek, up Sandy creek, to the Cumberland mountain; thence with the said mountain to the line of Lincoln county; thence with that line, and down Kentucky river, to the beginning; shall be one distinct county, and called and known by the name of Bourbon; and the residue of the said county shall retain the name of Fayette. A court for the said county of Bourbon, shall be held by the justices thereof on the third Tuesday in every month, after the said division shall take place, in such manner as is provided by law for other counties, and shall be by their commissions directed. The justices to be named in the commission of the peace for the said county of Bourbon, shall meet at the house of James Garrard, in the said county, upon the first court day after the said division shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit of; and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they may think proper. Provided always, That the appointment of a place for holding courts, and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county; in such cases the appoint ment shall be postponed until some court day when a majority shall be present. The governor, with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions, as is by law appointed for other sheriffs. It shall be lawful for the sheriff of the said county of Fayette to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time such division shall take place, and shall be

accountable for the same in like manner as if this act had not been made. And that the court of the said county of Fayette shall have jurisdiction of all actions and suits, in law or equity, which shall be depending before them at the time of the said division, and shall try and determine the same, issue process, and award execution thereon. In all elections of a senator, the said county of Bourbon shall be of the same district with the said county of Fayette.

CHAP. XXXVIII.

An act to revive an act, intituled An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned.

Act of 1745,

1. WHEREAS the act of assembly, passed in the for regulat year one thousand seven hundred and forty-five, inti- ing and coltuled "An act for the better regulating and collecting lecting cercertain officers fees, and other purposes therein mention- tain officers fees, revived ed," hath expired, and it is expedient and necessary and amended that the same should be revived and amended:

1. Be it therefore enacted, That the act, intituled, "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," be revived, except so much thereof as relates to the delivery, collecting, and recovery of the fees formerly payable to the secretary and surveyors, and shall continue, and be in force from and after the passing of this act, for and during the term of two years, and from thence to the end of the next session of assembly, and no longer.

III. And be it enacted, That all persons who now are, or shall hereafter become chargeable with any tobacco fees, for services mentioned in the said recited act, shall discharge the same in manner directed by the act of assembly passed in the year one thousand seven

Tobacco fees how payable

in money.

Fees of

court of chan

when to be

of sheriff.

Commissions.

hundred and eighty-one, intituled "An act for regulating tobacco fees, and fixing the allowance to sheriffs, witnesses, and venire-men."

IV. And be it enacted, That the clerks of the high clerks of high court of chancery, court of appeals, and general court, cery, court of to whom the fees formerly allowed to the secretary, are appeals, and now payable, shall deliver their tickets to the respective general court sheriffs annually, before the first day of May, and the putinto hands sheriff's shall receive and collect the same, and shall distrain and make sale of the debtors slaves, goods, or chattels, for all such tickets as shall remain unpaid after the first day of July in any year. And if the said sheriffs shall fail to pay the said fees to the respective When sher- clerks, at their offices in Richmond, or such town or iff to account. place as the treasury may be kept at, by the fifteenth day of September annually, abating ten per cent. for collecting, and making an allowance for insolvencies, and non-residents, having no estate within the county, which shall be accounted for on oath, the said clerks, or either of whom, upon motion made in the general court, or court of any county, in which the sheriff failing to make payment, as aforesaid, may be found, may demand judgment against him for all fees wherewith he shall be chargeable by this act; and such court reRemedy, by spectively shall enter judgment accordingly, provided the sheriff have ten days notice of such motion; and that judgment may be obtained as aforesaid against any under sheriff who may fail to add the name of his principal to the receipt for such fees.

motion.

administra

torsof sheriffs liable.

Executors & V. And be it further enacted, That the executors or administrators of any such sheriff, or under sheriff, shall be liable to judgment, as aforesaid, for the fees received, to be collected by their testator or intestate, Receipt for and accounted for. That every receipt for fees produfees,evidence ced in evidence on any such motion, shall be deemed to be the act of the person subscribing it, unless he shall deny the same upon oath. That the clerks of the said courts may obtain judgments, as aforesaid, for all balances now due to them from any sheriff, or under sheriff, on account of fees heretofore put into their hands be collected.