1845 CHAPTER 212. ized to be decreed. AN ACT for the benefit of the heirs of Susan B. Collins, and the heirs of Nancy SEC. 1. Be it enacted by the General Assembly of the ComA sale of monwealth of Kentucky, That it shall and may be lawful for land author- Archibald Collins, the father of Saphrona S. Collins, Penelope Collins, William O. Collins, Benjamin N. Collins, and Sarah C. Collins, children and heirs at law of Susan B. Collins, deceased, late Susan B. Ware, daughter of Nicholas Ware, deceased; and for George V. Whitesides, the father of Susan Jane Whitesides, daughter and heir at law of Nancy Whitesides, deceased, late Nancy Ware, daughter of said Nicholas Ware, deceased, to file their joint petition or bill in chancery in the Shelby Circuit Court, making the said Saphrona S. Collins, Penelope Collins, William O. Collins, Benjamin N. Collins, and Sarah C. Collins, and the said Susan Jane Whitesides, infant children and heirs at law of the said Susan B. Collins, deceased, and the said Nancy Whitesides, deceased, parties thereto; and they shall state, in said bill or petition, that it is necessary, and would be to the advantage and interest of each and all of the said infant heirs aforesaid, to sell the lot or portion of land laid off to the said Susan B. Collins, deceased, and to the said Nancy Whitesides, deceased, out of the tract of land the said Nicholas Ware, died seized and possessed; each lot or portion contains about twenty eight acres, more or less; and, also, the interest of said infant heirs in the land laid off and assigned to the widow of said Nicholas Ware, deceased, the interest of the said Susan B. Collins, deceased, and the said Nancy Whitesides, deceased, in and to said dower land, is about fifteen acres each, more or less, which is now the interest of said children and heirs at law of the said Susan B. Collins and the said Nancy Whitesides, deceased; and shall file with said bill or petition the evidences of title to said land, prayed to be sold, or to the tract of land out of which the lands prayed to be sold is a part, and whatever else may be necessary to enable the court to perform its duty between all the parties interested; which bill or petition shall be verified by the oath of the said Archibald Collins and the said George V. Whitesides; and when the said infant heirs shall be legally and properly before the court, by themselves and their guardian ad litem, it shall and may be lawful for said court to decree a sale of said lands, upon such terms and credit as said court shall deem most advisable: Provided, said court shall be of opinion, from the evidence by proof made in court, orally or by deposition, that it would be to the interest and advantage of said infant heirs to sell said lands aforesaid. SEC. 2. That upon entering said decree, the guardians of said infant heirs, or in case they shall have no guardians, the court shall appoint guardians, who shall enter into bond, with good security, in at least double the amount said infants may be entitled to, of the purchase money that may arise from the sale of said lands, payable to them jointly and severally, con. ditioned to pay to each of them respectively the portion to which each will be entitled under the statute of distributions, on their arrival, respectively, at the age of twenty one years, or marriage, together with such interest as the same may produce. SEC. 3. That it shall be the duty of said court to appoint a commissioner to convey, on the part of said infant heirs aforesaid, said lands, to the purchaser or purchasers, after the purchase money shall be paid; which conveyance, when inade and acknowledged before said court, shall be effectual in law and equity to pass the title to the purchaser or purchasers. Approved February 8, 1845. 1845 CHAPTER 214. AN ACT authorizing a settlement with John Tilford. WHEREAS, It is represented to the present General Assembly, that John Tilford, of the city of Lexington, is entitled to some compensation for services rendered and expenses incurred in the year 1836, in the sale, in the eastern cities, of nine hundred thousand dollars of five per cent. bonds of the State of Kentucky-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Governor, Attorney General, and Secretary of State, be, and they are hereby, authorized to examine all the facts of the case, and allow to the said John Tilford such compensation for his services as they may deem equitable and just: Provided, such allowance shall not exceed the sum of five hundred dollars. SEC. 2. Be it further enacted, That upon such adjustment, the Governor, Attorney General, and Secretary of State, shall certify the same to the Second Auditor, who is hereby author ized to draw his warrant upon the Treasurer for the amount so allowed, payable out of any moneys in the Treasury not otherwise appropriated. Approved February 10, 1845. CHAPTER 217. AN ACT for the benefit of the devisees and distributees of Sarah C. Mc- Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Rezin H. J. Davidge, the administrator, with the will annexed, of Sarah C. McLaughlin, deceased, to file his bill in chancery in the Christian Circuit Court, against the heirs and devisees of said decedent, alledging therein that the personal estate is insufficient to pay the debts and legacies against the estate of said testator, without disposing of the slaves belonging to said May file bill. 1845 estate, who are emancipated at a specified time by the terms of said will; and such proceedings shall be had, to bring said What pro- cause to a hearing, as are required in chancery proceedings; ceedings had. and upon final hearing of the cause in said court, if it shall Chancellor seem to the chancellor that it would be consistent with the may decree. principles of equity, and advance the interest of the devisees and distributees of said estate, to sell the real estate belonging to the estate of said decedent, or so much thereof as shall be Shall appoint sufficient to pay the debts due from said estate, it shall and commissioner. may be lawful for said court to appoint the said administrator, be executed. or some other fit person, as a commissioner, to sell the real estate belonging to said estate, or so much thereof as shall be required to pay the said debts, on such terms as the said chanBond shall cellor may direct, and requiring said administrator to execute bond and approved security in said court, in sufficient penalty, with condition to apply the proceeds of the sale of such Cause con- real estate to the payment of said debts: and said Chancellor veyance to be is hereby authorized to cause a conveyance of such real estate to the purchaser, either by the heirs and devisees of said estate, or by a commissioner, and shall have power to make all other necessary orders and decrees as shall be necessary to carry the foregoing object into effect. made. Approved February 10, 1845. Justice Madison. CHAPTER 219. AN ACT allowing an additional Justice of the Peace to Madison county, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Comto monwealth of Kentucky, That one additional Justice of the Peace be, and the same is hereby, allowed to the county of Madison. To Harlan. SEC. 2. That one additional Justice of the Peace be, and the same is hereby, allowed to the county of Harlan. SEC. 3. That one additional Justice of the Peace be, and To Greenup. the same is hereby, allowed to the county of Greenup. SEC. 4. Be it further enacted, That the Secretary of State Morehead be, and he is hereby required to furnish Charles McDonald, Digest to be Justice of the Peace for Calloway county, with one copy of furnished to a Brown and Morehead's Digest of the statute law of Kentucky. Approved February 10, 1845. and Brown's Justice of the Peace. CHAPTER 220. AN ACT for the benefit of William Haydon, an idiot. Be it enacted by the General Assembly of the Commonwealth Sale of real of Kentucky, That the Clarke Circuit Court, on the petition estate author of the trustees of William Haydon, an idiot, and upon being satisfied by proof that it will be to the advantage of said idiot's estate, said court is hereby authorized to decree a sale ized. and conveyance, by a commissioner, of the thirty eight acres of land allotted to him as one of the heirs of Jeremiah Haydon, deceased, upon such terms and conditions as said court may deem right and proper--the proceeds of sale, after the payment of the cost attendant upon said petition, sale, and conveyance, to be paid over to said trustees; who shall, before or at the time said decree is rendered, execute bond, in such penalty and with such security and conditions as may be approved of by said court, to the end that the proceeds of said sale shall be used to the best advantage for said idiot's estate; and said court is, also, authorized to make such orders in the premises, and to secure the proper use and disposal of said fund, as may be just and proper. Approved February 10, 1845. 1845 CHAPTER 221. AN ACT for the benefit of Robert Hill, and the heirs and widow of James M. WHEREAS, Robert Hill exchanged a tract of land in Hopkins county, in this State, with his brother, James M. Hill, deceased, for another tract of land of said James, lying in said county; and that said James and Robert both entered into the possession of the tracts, that they respectively acquired by said exchange, and each made valuable improvements thereon; since which, said James has departed this life intestate, his widow and children then and still living on said tract: AND WHEREAS, said Robert Hill, in the lifetime of said James, purchased from him a tract of eighty acres of land in Hopkins county, Kentucky, in the Bullitt military survey, on the waters of Pond Creek, adjoining B. L. Porter, and the same tract on which Arnold Marlin resides; and that said Robert paid to said James the whole of the purchase money for said last mentioned tract of land; and it appearing, furthermore, to this General Assembly, that both the exchanges herein recited, and the sale of said eighty acres of land, now held by parol, and that among the papers of said James there was found a deed to said Robert for said two tracts of land, wholly in his own hand writing, but unsigned, and that it will probably be to the advantage of said widow and heirs of said James, that the said exchange and sale should be ratified-therefore, ratified. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the said Robert An exchange Hill to file his bill in the Hopkins Circuit Court, against the of land may be widow and heirs at law and personal representatives of said James M. Hill, setting out in his bill the said exchange, and said purchase of said eighty acres of land; and alledging every other fact to show execution of the contract of exchange; and, also, setting out the purchase and sale of said eighty acres of land, and the payment of the purchase money; and 1 1845 alledging that said exchange and purchase were by parol; and said children, or such of them as are infants, shall answer by their guardian ad litem; and if it shall appear to the Court that said exchange was in fact made, and that the same was fair and equal, and the parties thereto, said James and Robert each took possession of their respective portions, so gotten in exchange, and that a confirmation of said exchange would redound to the benefit of the heirs of said James, the widow consenting thereto, the said Court may, by decree, confirm the exchange accordingly; and a deed of exchange shall be decreed by the Court: and if it shall further appear to the Court that said eighty acres of land was actually sold, and the purchase money paid to said James, before his death, and that it would be to the advantage of the heirs of said James that said sale shall be confirmed, then the said Court may decree a confirmation of said sale; and that deeds shall be made to said Robert by the heirs of said James therefor, and by said James' heirs to said Robert, with such covenants of warranty as it shall appear to the Court they had agreed to give, or would, by law, be bound to give, provided the contract had been given in writing for the sale of said eighty acres of land. Approved February 10, 1845. CHAPTER 222. AN ACT providing for a change of venue in the prosecutions agains Calvin Fairbank. SEC. 1. Be it enacted by the General Assembly of the ComVenue may monwealth of Kentucky, That a change of venue is granted to be changed Calvin Fairbank, for the trial of three indictments for aiding from Fayette to Bourbon. three slaves to escape from their owners, Thomas Grant and Thomas B. Baxter and Patterson Bain, citizens of the city of Lexington, now pending against said Calvin Fairbank, in the Fayette Circuit Court, upon the election and consent of the said Calvin Fairbank, on the calling of said indictments, or any one of them, at the next term of the Fayette Circuit Court, being entered upon the records of the Fayette Circuit Court, that he prefers to be tried on said indictments in the Circuit Court of Bourbon county. SEC. 2. When the said Calvin Fairbank shall have made his election to be tried in the Bourbon Circuit Court, then, and in that event, it shall be the duty of the Judge of the Fayette Circuit Court to make all the necessary orders, and do all things necessary to secure the appearance and trial of the said Calvin Fairbank, on said indictments, in the Bourbon Circuit Court. SEC. 3. That when the indictments in the cases shall have been removed from the Fayette to the Bourbon Circuit Court, and the said Calvin Fairbank committed to the jail of Bourbon county, or recognized to appear at the Bourbon Circuit Court, |