1837. In case no election is had on the day appointed, an e lection may be had thereafter, and how. SEC. 3. Be it further enacted, That if, from any cause, no election is held on the first Saturday in the month of February in each year, that the Clerk of the Board of Trustees be, and he is hereby authorized and required to hold an election, so soon as he shall give ten days public notice, by advertisement at the court house door, of the day fixed upon by him for holding the same; and that said elections in the month of February annually, or the annual elections had in pursuance of the Clerk's advertisement, shall be held and deemed as valid, as though the same had been made at the time specified in the above mentioned act, any thing contained in the same to the contrary notwithstanding. Approved, January 19, 1837. Preamble. Certain re transcribed. CHAP. 110.-AN ACT for the benefit of the Clerk of Clinton county. WHEREAS, It is represented to the present General Assembly of Commonwealth of Kentucky, that Rice Maxey, Clerk of the county court of Clinton county, had not, until two terms of the said court had elapsed, the opportunity of procuring such books as the law requires for making up the record, and was, therefore, compelled to use common paper for that purpose; but having furnished his office with suitable books, and left blanks for transcribing the record, but entertaining the opinion that he has not the right to do so without the authority of an act of the Legislature: For remedy whereof, Be it enacted by the General Assembly of the Commonwealth cords may be of Kentucky, That the said Rice Maxey, Clerk, as aforesaid, be, and he is hereby authorized to transcribe the said record; and that it shall possess the same force and validity, as if it had originally been made up in such book as is required by law. Approved, January 20, 1837. Guardians of rents of their pay CHAP. 111.--AN ACT for the benefit of the heirs of Aron Foreman, deceased. SEC. 1. Be it enacted by the General Assembly of the Commonheirs authori- wealth of Kentucky, That James W. Rice, guardian for the inzed to apply fant children of Aron Foreman, deceased, (or other guardian lands, to for said children) be, and he is hereby authorized to appropriment of their ate the proceeds, which may accrue to him as guardian aforeancestors debts. said, by renting the lands descended to said infants from their ancestor, said Aron Foreman, deceased, towards the payment of the debts due by said Foreman at his death; and that the commissioners, when they settle his accounts as guardian aforesaid, allow to him all proper and reasonable credits for such payments. SEC. 2. That in case it shall be found by said guardian, that the debts due by said decedent cannot be discharged by appropriating the rents as aforesaid, that he may, as guardian aforesaid, in conjunction with the administrators of said decedent, file his petition before the Judge of the Bourbon circuit court, praying for a sale of so much of the lands, of which the said decedent died seized and possessed, as shall be sufficient to discharge said debts; and the Judge of said court may, in his discretion, by decree, direct such sale, the proceeds of which to be applied to the discharge of said debts, and that said Judge, in his decree, require such security to be given by the individual, who shall be directed to make such sale, as shall ensure a faithful performance of said decree; and to be governed in other respects in relation to said decree by laws now in force authorizing the sale of infant's real estate. SEC. 3. That before the Judge of the Bourbon circuit court shall decree a sale of said real estate, it shall be his duty to require the administrators of said Aron Foreman, deceased, to exhibit a copy of their settlement with the county court, provided a settlement shall have been made, and in case no settlement has been made, then the Judge shall appoint fit and and proper persons to make the settlement and report the same, so that the court shall be satisfied that the whole of the personal estate has been exhausted in the payment of debts, which fact must appear before any decree for the sale of the real estate is rendered. Approved, January 20, 1837. 1837. Sale of lands authorized, upon conditions. Administra tors required to exhibit their settlement, be fore a decree is rendered. CHAP. 112.--AN ACT for the benefit of the Administrator of Joseph Farant, deceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for John F. Harris, administrator of the last will and testament nem cupative of Joseph Farant, deceased, to file a bill in chancery, in the M'Cracken circuit court, against the heirs and legatees of said deceased, alledging that the personal estate is insufficient to pay the debts of said Farant, and that he has real estate in said county; and said court shall, after causing the administrator to apply all the personal estate in his hands, or belonging to said estate, to the payment of the debts, and cansing his accounts to be stated and settled, have power and authority to decree a sale of so much or all of said real estate as will pay the debts against said decedent which remain unpaid; and shall cause the proceeds of said sale to be applied to the payment of the debts of said Farant. And said court shall, in all other respect, conform to the provisions of an act, entitled, an act vesting jurisdiction in the circuit courts to authorize a sale of the real estate of infants, in certain cases, approved, February the third, one thousand eight hundred and thirteen. Approved, January 20, 1837. Administra tors to file peti- tion, pay decedent's 1837. CHAP. 113.-AN ACT to change the time of holding the Hart circuit court. SEC. 1. Be it enacted by the General Assembly of the Common wealth of Kentucky, That from and after the passage of this act, the Hart circuit court shall be held on the second Mondays in the months of May, August and November; and shall, at the May and August terms, sit six juridical days, and at the November term, twelve, should the business require it. SEC. 2. Be it further enacted, That all process whatsoever, or recognizances for the appearance or attendance of any persons at the February term of the present year, (as now required by. law to be held) of said court, shall be returnable to the May term of said court, and be as effectual for all the purposes required by law, as though they were made returnable to the May, instead of the February term of said court. SEC. 3. Be it further enacted, That there shall be no circuit court holden in said county of Hart, in the month of February next. Approved, January 20, 1837. Mercer circuit court may CHAP. 114.-AN ACT for the benefit of the Administrator of Peleg Barker, deceased. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for George W. ratify sale of Doneghy, as the administrator of Peleg Barker, deceased, to house and lot, file his petition or bill in chancery, in the Mercer circut court, upon petition filed, &c. showing how he has disposed of, and disbursed the assets that came to his hands, as administrator aforesaid; and if it shall appear to said court, that the assets have been exhausted in the payment of debts due and owing by said Peleg Barker, at the time of his death, it shall be lawful for the Mercer circuit court, to ratify a sale of a house and lot in Perryville, which was sold by the said Doneghy as administrator, for the purpose of discharging debts, due and owing, over and above the assets; but said sale is not to be ratified, unless the court shall be of opinion that the lot was sold for a fair and adequate price, and that it was necessary for the payment of debts. Court may ratify or order a re-sale. SEC. 2. Be it further enacted, That it shall be necessary to make the widow and heirs of Peleg Barker, deceased, parties to the suit; and upon consideration of the subject, the court shall have power, either to ratify the sale, and decree a specific execution of the contract, or may order a re-sale of the property. Approved, January 20, 1837. CHAP. 115.--AN ACT to extend the terms of the Scott circuit court. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, the Scott circuit court shall commence its terms on the last Mondays in February, May and August in every year, and shall sit eighteen juridical days at each term if the business shall require it. SEC. 2. Be it further enacted, That all recognizances taken, and all process issued, returnable to the terms now fixed by law, shall be returned to the terms and days as fixed by this act, and shall be as binding and obligatory as they would have been under the law now regulating the terms of said court. Approved, January 20, 1837. 1837. CHAP. 116.--AN ACT to repeal ar. act passed on the 29th of February, 1836, entitled, an act to reduce the number of Justices of the Peace and Constables in Adair county. Be it enacted by the General Assembly of the Commonwealth of Kentucky. That the act passed and approved on the 29th day of February, 1836, entitled, an act to reduce the number of Justices of the Peace and Constables in Adair county be, and the same is hereby repealed. Approved, January 20, 1837. CHAP. 117.-AN ACT to amend the law in relation to the responsibility of Constables and their securities. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter when any Constable of this Commonwealth shall receive for collection any note, account or demand whatever, and shall collect the same, either before judgment or afterwards, with or without an execution, such payment shall be deemed good and valid in law; and the Constable so collecting money, and his securities shall be liable to the party for whose benefit said collection was made, in the same manner, and for like penalties, as are now prescribed by law, when he shall have collected money upon an execution. Approved, January 20, 1837. CHAP. 118.-AN ACT to divorce John Wilson Tisdale and Elizabeth his wife. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John Wilson Tisdale and Elizabeth Tisdale his wife be, and they are hereby divorced; and the said Elizabeth is restored to her maiden name of Elizabeth Johnson. Approved, January 20, 1837. CHAP. 119.-AN ACT for the benefit of Joseph B. Ball, surveyor of Breckinridge county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Joseph B. Ball, allowed to give official bond. Further time 1837. to execute his bond at the January or February term next, of the Breckinridge county court, as surveyor of Breckinridge county, his former official bond having expired in November, 1836, and all the acts of said Ball, as surveyor aforesaid, shall be as good and valid as though the said Ball had renewed his bond at the November term, 1836. Approved, January 20, 1837. Preamble. a CHAP. 120.-AN ACT for the relief of the Sheriff of Marion county. WHEREAS, It is made appear to the General Assembly, that Philip B. Cooper, one of the deputies of the Sheriff of Marion county, had, prior to the time required by law for the payment of the revenue, collected and set apart, to pay so much of said revenue, five hundred dollars, which sum by loss of his pocket book, containing that sum, with other monies, he has irrecoverably lost-Wherefore, Allowed Be it enacted by the General Assembly of the Commonwealth of credit on the Kentucky, That the Auditor of Public Accounts, in his settlesettlement of ment with the Sheriff of said county, allow him a credit for the sum of five hundred dollars, as though that sum had been paid by him. the revenue. Approved, January 20, 1837. Preamble. CHAP. 121.--AN ACT to enable the Fayette county court to subscribe stock in the Louisville, Cincinnati and Charleston Rail Road, and for other purposes. WHEREAS, The county court for the county of Fayette, by their order on the 12th day of December, 1836, directed a subscription to be made of one thousand shares of stock in the Louisville, Cincinnati and Charleston Rail Road CompanyTherefore, Subscription SEC. 1. Be it enacted by the General Assembly of the Commonof stock, if wealth of Kentucky, That if said subscriptions has been made, made, ratified, that the same be ratified and confirmed according to the stipuif not made, lations and conditions contained in the said order, and in case authorized. Tax may be levied to pay for the stock. May borrow money. said subscription has not been made, it is hereby enacted, that the said county court, shall have power to make said subscription upon such terms as said court have or shall hereafter scribe. pre SEC. 2. Be it further enacted, That the said county court shall have power, by an ad valorem tax upon property now taxable or by increasing the county levy according to the present mode of making said levy or by both, to raise such sum or sums of money, from time to time, as shall be deemed necessary by said county court to pay for said subscription of stock. SEC. 3. Be it further enacted, That the said county court shall have power to borrow such sum or sums of money, and |