ed to be sold, is now held; and said Court shall have power and authority to make such further orders and decrees as may be necessary to carry out the provisions and intentions of this

act.

tion.

1845

Elizabeth

SEC. 5. Be it further enacted, That it shall be lawful for Elizabeth Newman, administratrix, and Edmund Newman, Newman may administrator, of George Newman, deceased, or either of file her petithem, to file their petition in chancery in the Jessamine Circuit Court, upon oath, setting forth in such petition the whole of the real, personal and mixed estate of the said deceased, together with all debts against said estate, making all the heirs and representatives of said deceased defendants to said petition, agreeably to the rules of chancery practice; and if it shall appear to the satisfaction of said Court that the personal estate is insufficient for the payment of the debts against said estate, exclusive of the slaves, and it shall further appear that it would be to the interest of the heirs and representatives of Court. said deceased to sell a portion of the land to pay the debts of said estate and retain the slaves, the said Court is hereby authorized and empowered to decree a sale of so much of the land as may be necessary to pay the outstanding debts against the estate, reserving said slaves; and said Court is hereby vested with full power to make such orders and decrees as may be necessary to carry into effect the provisions of this act.

SEC. 6. That it shall be the duty of said Court to require the Commissioner, appointed to carry into effect its decree, to execute bond, with good security, conditioned faithfully to perform the duties directed by said decree, and to apply the money arising from the sale of said land to the payment of the debts of said deceased.

Approved February 10, 1845.

Duty of

CHAPTER 265.

AN ACT for the benefit of James Squires, of Bourbon county, and for other

purposes.

Squires permitted to act

Constable

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That James Squires, of Bourbon county, who was appointed by the County Court thereof, in December, 1844, a Constable, in the district including the as in Paris Distown of Paris, be, and he is hereby, authorized to act as Con- trict. stable within said district, without being required to reside therein; and that all the official acts of said Squires, as Constable, so far as the same may be questioned in consequence of his want of residence since his appointment in said district, be, and the same are hereby, legalized and confirmed.

Additional

SEC. 2. That the County Court of Bourbon be, and they are hereby, authorized (a majority of all the Justices in com- Constable almission in said county concurring,) to appoint one additional lowed Bourbon. Constable, who shall reside in said Paris district.

1845

Additional Constable al

SEC. 3. That an additional Constable be allowed to the county of Bath, to reside in the town of Wyoming, in said county.

lowed to Bath. SEC. 4. That the Constable's District in Christian county, Constable's in which William Watson is now Constable, may be so enDistrict in larged as to include the late residence of George Cammack, Christian en that being now the residence of said William Watson.

larged.

SEC. 5. That William W. Buckley and James Pearce, ConBuckley and stables of Henry county, may be qualified as special deputy Pearce allow Sheriffs of Samuel Ireland, Sheriff of Henry county, for the deputy Sher- purpose of collecting taxes and fee bills, and serving road oriffs in Henry. ders; and that such special deputation shall not be incompatible with their office of Constables.

ed to act as

Approved February 10, 1845.

Trustees may lay off town in wards.

CHAPTER 266.

AN ACT to amend an act concerning the town of Newport, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Board of President and Trustees of said town of Newport to lay off said town into four wards, to be designated by their number, and the dividing lines between said wards shall be York and Belleview streets in said town.

SEC. 2. Be it further enacted, That each of the aforesaid Representa- wards shall be entitled to a representation of three members tion of wards. in the Board of President and Trustees, and that elections shall be held in each ward for Trustees and Marshal, as now provi. ded for by law.

SEC. 3. Be it further enacted, That in all meetings six Quorum of Trustees and the President of the Board, or, in his absence, Board. seven Trustees shall form a quorum to do business; but in levying the taxes, or in passing any by-law or ordinance, eight Trustees shall concur. This act to take effect from its

passage.

SEC. 4. Be it further enacted, That the boundary line of Scott line Scott county, be, and the same is hereby, so altered as to inchanged. clude the house of Samuel L. Thomasson.

Approved February 10, 1845.

CHAPTER 267.

AN ACT for the benefit of the children of Henry O. Byers.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the guardian of John W. Byers, Henry F. Byers, and Elizabeth A. Byers, infant children of Henry O. Byers, to file his bill in chancery in

the Oldham Circuit Court, praying for authority to purchase, with the funds of his wards, or so much thereof as may be necessary, real estate, for the use and benefit, and in the name of his said wards: Provided, that, in granting such decree, the chancellor of said Court shall require a Commissioner to examine into the nature and advantages of the contract, and to have a deed, with proper clauses of warranty, made to the parties aforesaid; and on the report of such Commissioner, the chancellor shall confirm the contract, if it be deemed by him advisable; and the said Court may require a bond, with security, from such guardian, for the faithful appropriation of the funds of his wards which may be ordered to be invested in lands as aforesaid.

Approved February 10, 1845.

1845

CHAPTER 268.

AN ACT to amend the charter of the Funk Seminary, in Oldham county. WHEREAS, It is represented to the present General Assembly, that the Trustees of the Funk Seminary, and a committee on the part of the Grand Lodge of Kentucky, have entered into an arrangement, by which the former have transferred to the latter the control of said Seminary; which agreement has been duly entered of record in the Clerk's office of the Oldham County Court, by which, among other things, it is agreed that the number of Trustees shall be reduced to nine, who are to be chosen annually by the Grand Lodge of Kentucky-therefore,

it

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the present Trustees of said Seminary be continued in office until the first Thursday after the last Monday in August next, on which day, annually, may be lawful for the Grand Lodge of Kentucky, by ballot, to elect nine Trustees for said Seminary, who shall be governed by all the laws now in force in relation to said Seminary.

SEC. 2. That the thirteenth section of an act to incorporate the Funk Seminary, and all acts and parts of acts coming within the purview of this act, be, and the same are hereby, repealed. SEC. 3. That the Trustees of the Lagrange Seminary be, and they are hereby, authorized to transfer and convey to the Grand Lodge of Kentucky, the building and lot situated in the town of Lagrange, known as the Lagrange Seminary, upon the said Grand Lodge paying the incumbrances now on said property.

SEC. 4. That if the Grand Lodge of Kentucky, or the Trustees appointed under the provisions of this act, shall hereafter fail to keep a school at the Funk Seminary, according to the true intent and meaning of the will of William M.

1845

Funk, deceased, and of the agreement between the Trustees of said Seminary and the committee of the Grand Lodge, the property and funds of said Seminary, of equal value with the present property and funds, shall revert to the present Trustees, or to such Trustees as the Circuit Court may appoint to receive the same; and the Circuit Court shall have jurisdic tion, upon scire facias sued out at the instance of any ten housekeepers of Oldham county, to hear and determine the question of forfeiture as herein provided for.

Approved February 10, 1845.

names.

powers.

Vacancies how filled.

CHAPTER 269.

AN ACT to incorporate the United Baptist Church of Garnettsville.

SEC. 1. Be it enacted by the General Assembly of the ComCorporators monwealth of Kentucky, That Olley Withers, Lewis Withers, John Vanmetre, Peter A. Edmonson, and Josiah Watts, be, and they are hereby, constituted a body politic and corporate, Name and to be known by the name of the Trustees of the Garnettsville style United Baptist Church, and by that name shall have perpetual Corporate succession and a common seal; and the said Trustees shall have power to fill all vacancies that may occur in the Board of Trustees, and in case the office of all the Trustees should become vacant at any time, then, and in that case, a majority of the members of said Church, at the time of such vacancy, shall proceed to fill the same; and the person or persons, so appointed, shall be vested with power and authority, as if named in this act specially; and by the name and style of the Trustees of the Garnettsville United Baptist Church may sue and be sued, plead and be impleaded, in any court of law or equity in this Commonwealth.

May sell present church lot

SEC. 2. That the above named Trustees, or their successors, be, and they are hereby, vested with full power to own, sell and convey the present lot of ground, with the appurtenances, belonging to said Church in the town of Garnettsville; and in case of the sale, said Trustees shall have power to purchase and hold under the provisions of this act, another a suitable lot of ground on which to build a Church.

SEC. 3. The Legislature reserves the right to amend, alter, or repeal, this act at pleasure.

Approved February 10, 1845.

CHAPTER 271.

AN ACT for the benefit of Elijah McWhorter, Jesse Yantis, and John
Beatty.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Elijah McWhorter, late Sheriff of Clay county, have the further time of twelve months to

collect any arrearages of taxes and fee bills which may be due him as Sheriff as aforesaid.

SEC. 2. That Jesse Yantis, of the county of Garrard, be, and he is hereby, allowed the further time of six months to return his delinquent list of muster fines.

SEC. 3. That the further time of twelve months, from and after the passage of this act, is hereby allowed to John Beatty, former Sheriff of Pulaski county, to collect the revenue tax, county levy, and fee bills, now due him, and for which he has accounted-such collections may be made by himself and his former deputies, W. B. Beatty, John P. Beatty, and William Beatie; and they shall have the same right to levy and collect the same that they, or either of them, had before the expiration of the time allowed by law for the collection thereof.

SEC. 4. That John R. Beatty, Deputy for John Adams, late Sheriff of Pulaski county, have the further time of three months to make out and certify his delinquent list, and return the same to the Auditor.

Approved February 10, 1845.

CHAPTER 272.

AN ACT authorizing Nathaniel Furguson to peddle goods without licence. WHEREAS, It is represented that Nathaniel Furguson, of Logan county, is a cripple, and much afflicted, and is incapable, owing to said affliction, of performing manual labor, but believes that he could support himself were he permitted to. vend goods, wares, and merchandize, without licence-wherefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Furguson be, and he is hereby, authorized and permitted to peddle goods, wares, and merchandize, in the county of Logan, for the term of twelve months, without obtaining a licence therefor: Provided, he shall first obtain from the Clerk of said County Court a certificate, signed by said Clerk, authorizing him to peddle as aforesaid.

Approved February 10, 1845.

CHAPTER 273.

AN ACT for the benefit of the Sheriff of Laurel county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Laurel county be, and he is hereby, allowed until the first day of June next to return his delinquent list of the revenue tax for the year 1844, of the said county of Laurel, and that he be allowed until the next Court of Assessments of Militia fines in said county, to return his delinquent list of Militia fines for the years 1842 and 1843, which should have been returned in the years 1843 and 1844. Approved February 10, 1845.