and that said Williams from his age, poverty and affliction, is entirely unable to pay the remaining instalments due, the commonwealth. SEC. 1. Be it therefore enacted, by the General Assembly of the Commonwealth of Kentucky, That the remaining state price due on said land, be remitted to said Williams and the register is hereby authorised and required to issue a patent for said land to said Williams in the same manner as though the instalments had been paid in the ordi nary way. CHAP. CCCLXXVI. AN ACT for the relief of the heirs of Joseph APPROVED, February 10, 1816. WHEREAS, it is represented to the present General Assembly of the Commonwealth of Kentucky, That Joseph Dupuy, late of the county of Henry, died, seized and possessed of sundry claims and titles to lands on which there is other conflicting and interfering claims; and that con:promises and settlements might be made with some of the conflicting claims thereon, with proper authority from this legislature :-For remedy whereof, Preamble Trustees ap Their power. SEC. 1. Be it enacted by the General Assembly of pointed. the Commonwealth of Kentucky, That George Woolfolk, Samuel Ireland, William Jones, Thomas Smith, Nicholas Peay and David White, be, and they are hereby invested with full power and authority, for the purpose of quieting, settling and adjusting any of the land claims of the said Joseph Dupuy, deceased, and in behalf of the heirs of the decedent, to compromise with any person or persons, having an interfering claim, or claims, by purchasing such claim or claims, by selling the claim or claims which have descended from the said decedent, or by such other means as they may deem beneficial to the said heirs, settle such claims. May compromise eertain claims. Conveyances. SEC. 2. Be it further enacted, That when any land inherited by the said heirs from the said deċedent, is held by them in joint tenantcy, tenantey in common, or in copartnership, with any person or persons, the said commissioners shall be, and they are hereby authorised, for, and on behalf of said heirs, to effect a division of such lands according to the laws of this Commonwealth; or in such other way, either by purchasing or selling such quit claims as they may deem for the best interest of the heirs of said decedent. SEC. 3. Be it further enacted, That all sales. May excute made by the commissioners aforesaid, when they deem a sale necessary and beneficial for the interest of the heirs of said decedent, shall be as good and valid, and deeds of conveyance made by the commissioners aforesaid, shall be, to all intents and purposes, as valid and effectual, as if made by said heirs after their full age: and when they deem a purchase necessary, conveyance shall be taken by said commissioners, for, and on behalf of the said heirs Provided, That courts of equity shall retain their full power and jurisdiction to give appropriate relief to the said heirs for any fraud committed by, or upon said commissioners. Provise. court. Shall report SEC. 4. Be it further enacted, That the said their proceedings commissioners shall, when required by the Counto Henry county ty court of Henry, make report of their proceedings under this act; which report shall be entered of record in the said court: But previous to their acting under the provisions of this law, they shall enter into bond to the said heirs, with approved Shall give bond security in the said County court, in the penalty of ten thousand dollars, conditioned for the faithful performance of the trusts hereby committed to them. and security. Money arising paid over. SEC. 5. Be it further enacted, That if upon the settlement of any of the land claims as aforesaid, from sales to be any monies shall accrue from the sales made by the authority of this act, the same shall be paid to the administrators of the said decedent, to be as assets in their hands, and accounted for as other monies are: Or should they find it for the interest of the heirs aforesaid, to make purchases, they shall, and are hereby authorised to draw from the administrators of said decedent, any monies neces- of said decedent, after paying the debts due from To carry eer SEC. 6. Be it further enacted, That where any tain claims into claims on lands are held by bond, or contracts grant. made by said decedent, for lands which have not been carried into grant, the commissioners shall, and are hereby authorised to effect the same on behalf of said heirs, as fully as they could do were they of full age. services. SEC. 7. Be it further enacted, That any three Allowanch for of the said commissioners may carry into effect any of the provisions of this act. And the county court of Henry, shall, on their making report of their proceedings under this act, make such allowance to them for their services as they may think proper, not exceeding two dollars per day each, that they may be actually employed in said trust ; which allowance shall be paid out of the funds of said estate. CHAP. CCCLXXVII. AN ACT to improve the Navigable Streams in this APPROVED, February 10, 1816. Penalty for ob ble streams. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That any person or persons, who shall erect, or cause to be erected across any river or stream within this commonwealth, which hath been heretofore, or may structing naviga hereafter be navigable for boats, any fishdam, slope, stop, wier or hedge, or any other obstruction to the passage of fish and navigation; or who shall be aiding or assisting in any such obstruction, either by himself, his agent or servants, or slaves; every and any person convicted thereof, shall forfeit and pay the sum of five dollars for every twenty-four hours such obstruction shall remain in such and applied. river or stream: Which forfeiture shall be recov How recovered erable on motion, before any justice of the peace or court of record in this commonwealth, (as may best suit the amount ;) the one half of which forfeiture shall be for the use of the informer, and the other half shall be by the officer collecting the same, deposited with the clerk of the county court of his county, to be by him appropriated to the improvement of the navigable stream or streams in their county: Provided, the party have ten days notice in writing of the time and place of making such motion: Provided, That nothing in this act contained, shall be so construed as to punish any individual for building a dam across any river or creek, for the purpose of working any water grist mill, or other water works of public utility; or bridges which has been, or may hereafter be erected under any law of this commonwealth. Proviso Proviso. What to con offenes. SEC. 2. Be it further enacted, That every erection, or continuance of any obstruction prohibited titute a distinct by this act, for twenty-four hours, shall constitute a distinct offence, and may be proceeded on as such. SEC. 3. Be it further enacted, That any of the penalties imposed by this act, may be recovered by presentment of a grand jury, in any of the circuit courts in this commonwealth. Penalties how recovered. SEC. 4. Be it further enacted, That in construing To whom the this act, as to whom the penalty shall attach, it shall penalty shall at: tach. be so construed as to make the individual or individuals, living nearest to said obstruction, on either and both sides of said stream liable. Dick's river de SEC. 5. Be it further enacted, That Dick's rivclared a naviga- er, shall be considered a navigable stream from its mouth up to Perkin's mill. ble stream. Commissioners to clear out the Kentucky river near Frankfort. SEC. 6. Be it further enacted, That Samuel Lewis, Alexander Macey and Benjamin Taylor, are, or either of them, is hereby authorised, to clear the Kentucky river, from the steam-mill in Frankfort to Lee's and Taylor's ware-house, from all obstructions to navigation, either in descending or ascending said river; and for the furtherance Money may be of the object aforesaid, he or they may raise a sum Faised by subription. by subscription, not exceeding six thousand dollars, to be paid when said object shall be effected, according to the declaration of Jephthah Dudley, George Madison, Thomas W. Hawkins, William when and how SEC. 7. Be it further enacted, That when said Subscriptiona obstructions shall have been removed, and the nav- collected. igation aforesaid rendered free and safe, according to the report of the commissioners aforesaid, the said Lewis, Macey and Taylor, or either of them, having first published said report three successive weeks, in some public gazette, may proceed to collect said subscription money, by demanding the same; and if payment be refused, by warrant or writ, according to the amount of the sum. County courts may lay off navi gable streams in to precincts and appoint overseers SEC. 8. Be it further enacted, That it shall be lawful for the county court of each county in this commonwealth, if they deem it expedient, through or adjoining to which there runs any navigable stream or streams, to lay off said navigable streams into precincts, and appoint one or more overseer or overseers; whose duty it shall be to cause the several ripples in said navigable stream within their respective precincts, to be cleared out, and the trees and brush to be cut away, which are on the points of islands, or at the bends of said streams; and to enable said overseer to perform the duty assigned him by this act, the county court shall allot Hands allotted. to him so many hands living nearest to said stream, from among the male laboring tithables, as in their opinion will be sufficient to clear out the navigation of said stream; who shall be exempt from working on roads during the year they are so allotted to work on the navigable stream. A list of the hands so allotted, shall be made out by the county court, and deposited in their clerk's office; à copy of which list shall be made out by the clerk and delivered by him to the sheriff, and by the sheriff delivered to the overseer, under the rules, regulations and fines now imposed by law, with respect to overseers of roads. List of hands to be made out and delivered to Overseers. Penalty on per SEC. 9. Be it further enacted, That persons allotted to work on any navigable stream, who shall son failing to work. |