Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Hardin shall receive the reports of the Commissioners named in the preamble, provided they be made pursuant to the order by which they were directed; that when the applicant, for whom any survey of land may have been made as mentioned in the said preamble of this act, shall pay, or cause to be paid, to the county Treasurer of said county, the full price for the land named in the said Commissioner's report, provided it be not less than five cents per acre, and shall produce to the Court the Treasurer's receipt for the amount of money so paid, the said court shall then order said survey to be recorded, and direct a copy of the order and survey to be certified by the Clerk of said court; and the Clerk shall deliver such certified copy of the order and survey to the purchaser; and such survey, delivered to the Register, shall be his authority to issue a patent to the purchaser, and such proceedings shall be good and valid to all intents and purposes, any law to the contrary notwithstanding. Approved February 1, 1838. 1838. Duty of county court. Price of land to be paid. Register to issue patents. CHAP. 709-AN ACT allowing to David Bailey a change of venue. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon the calling of the indictment now depending in the Warren Circuit Court, against David Bailey, for murder, at the next term of said court, it shall be lawful for said Bailey to elect to be tried in the county of Logan; and upon his making said election, it shall be the duty of the Judge of the Warren Circuit Court, to cause the consent and election of said Bailey to be entered on the record of the Warren Circuit Court, and, thereupon, the Judge of said court shall order said Bailey to be transferred to the jail of Logan county; and the Clerk shall transmit to the Clerk of the Logan Circuit Court all papers connected with said prosecution, with a copy of all the orders of the court made in relation thereto. May elect to be tried in Lo gan. Power and duty of Judge. SEC. 2. That in case the said Bailey shall elect to be tried Logan circuít in the county of Logan, then the Logan Circuit Court shall court to have have power and jurisdiction to try said Bailey for the offence jurisdiction. with which he now stands charged, as fully as if said offence had been committed in the county of Logan: and shall have power to cause an indictment to be filed, to issue process to compel the attendance of witnesses; and to exercise all the powers given to Circuit Courts in relation to criminal trials, as fully as if the said court had original jurisdiction of the case; and in case the indictment should be quashed on account of any irregularity, or other defect, then the said Logan Cir- ment may be cuit Court shall have power to empannel a grand jury for the New indict found. 1838. purpose of finding a new indictment, it being the intent and meaning of this act, that in no event shall the said Bailey be discharged for any irregularity, but that a trial shall be had on the merits: Provided, however, That nothing herein contained shall be construed to deny to said Bailey the privilege of being bailed, should a court of competent jurisdiction to grant bail, believe that the offence is bailable. Approved February 1, 1838. tion. Guardian CHAP. 710-AN ACT for the benefit of Charles N. Talbot and William H. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the guardiinay file peti- an of Charles N. Talbot and William H. Talbot, infant devisees of Dreury Ham, deceased, to file a petition in the Lincoln Circuit Court, praying for the sale of the real estate devised to said infants, by said Dreury Ham, being an undivided fifth of a tract of land, lying in Lincoln County on the waters of Buck creek; and if it shall appear to the satisfaction of said court that a sale of the interest of said infants, in said land, would redound to their interest, it shall be lawful for the Judge of said court to decree a sale of said land, upon such terms and conditions as he may deem just and proper. SEC. 2. That said court shall have full power and authority Power and to appoint a Commissioner to carry said sale into effect, and duty of the to convey the legal title to the purchaser; and to require of said Commisssoner, and of the guardian of said infants, such bond or bonds, with security, as may be deemed necessary, to secure to said infants the proceeds of said sale, and the faithful application of the same; and to make all such further orders and decrees as may be consistent with the rules and principles of proceedings in courts of chancery. court. Approved February 1, 1838. tition. CHAP. 711-AN ACT for the benefit of Samuel Ash, and the heirs of Daniel SEC. 1. Be it enacted by the General Assembly of the ComMay file pe- monwealth of Kentucky, That it shall be lawful for Samuel Ash, of the County of Hardin, to file his bill or petition in the Hardin Circuit Court, making the heirs, representatives and administrators of Daniel McNeill defendants thereto, setting forth in said bill that the said Samuel Ash had purchased, by parol, and paid said McNeill for three acres and three quarters of land, situate and lying in the County of Hardin, on the Buffaloe fork of Valley creek, and being part of the tract of land of which said McNeill died seized and possessed. SEC. 2. That upon the filing of said bill, and upon the return of process served upon the defendants, if it shall be made appear to said court that said sale was made, and the purchase consideration paid, and that it will be beneficial to said heirs to affirm said contract, it shall be the duty of said court to enter up a decree against said heirs for a conveyance of said land to said Ash, by the adults in their own proper persons, and by a Commissioner for and on behalf of the infants, as well as the adults on their failure, which said deed, to all intents and purposes, shall pass the title to said Ash. Approved February 1, 1838. 1838. Power & du ty of the court. CHAP. 712-AN ACT for the benefit of John S. Lander, and the heirs of Dawson Haggard. WHEREAS, it is represented to the present General Assembly, that John S. Lander, and Dawson Haggard, about ten years ago, made an exchange of land, by parol, and that possession was given by each party of the land exchanged, and that before said contract was consummated by the execution of deeds of conveyance; and the said Haggard departed this life intestate, leaving several children as his heirs and representatives, who are yet infants; that said Lander and Charity Haggard, the widow of said deceased, hath petitioned the Legislature praying that said verbal contract be confirmedtherefore, May file bill in chancery. Power and court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon the filing of the bill in chancery of said Lander, either in the Christian or Trigg Circuit Court, alledging these facts, and making the heirs of said Haggard defendants thereto, and upon the same being brought to a hearing in duty of the either of said courts, by an observance of the rules of chancery practice, if it shall appear to the Chancellor of said court. that it will redound to the interest of said infants, be and he is hereby authorized to decree that said parol contract be confirmed, and make such orders and decrees as shall seem necessary to carry the same into exection. Approved February 1, 1838. CHAP. 713-AN ACT for the benefit of Simeon Haydon. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Simeon, the illegitimate child of William Haydon and Margaret Markland, shall hereafter bear the name of Simeon Haydon, and shall be entitled to all the rights, privileges and immunities of a legal heir, and shall 1838. receive, hold and enjoy property, either real, personal or mixed, by descent or otherwise, from father or mother, as though he had been born in lawful wedlock. Approved February 1, 1838. CHAP. 714-AN ACT for the benefit of Samuel Grisham, of Christian County. WHEREAS, Samuel Grisham, of Christian county, carried a lunatic from said county of Christian to the Lunatic Hospital at Lexington, and inasmuch as the Commissioners of the Hospital refused to admit said lunatic into the said institution, on account of some technical defect in the condemnation, and, also, refused to compensate said Grisham for conveying said lunatic to Lexington, as aforesaid; and said Grisham, before said lunatic could be received, was compelled to sue out a new writ de lunatico inquirendo, and hold an inquest in Fayette county-therefore, for the purpose of compensating said Grisham for conveying Herndon Hill, a lunatic from Christian county, to the Lunatic Asylum under a defective condemantion-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be and he is hereby directed to issue his warrant on the Public Treasury for the sum of sixty dollars, in favor of Samuel Grisham, of Christian county, and the Treasurer is hereby directed to pay the same. Approved February 1, 1838. CHAP. 715-AN ACT for the benefit of the Administrator of George C. Goodridge. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the provisions of an act for the benefit of the administrators of George C. Goodridge, approved 29th January, 1836, shall be in full force, and confer all the powers therein conferred upon Jesse Shachlett and Fanny Goodridge, upon Collins Fitch, administrator de bonis non, of said George C. Goodridge; and he is required to institute proceedings as therein mentioned, and in every other respect comply with the provisions and requisitions of the said act; and the same shall be construed to include all the lands owned by said heirs inany county in this State. Approved February 1, 1838. CHAP. 716-AN ACT for the benefit of the Sheriff of Bath County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Bath county shall have until the first day of March next to return his delinquent list of revenue tax for the year 1836, and, also, his delinquent list for the year 1837; and that the Auditor of Public Accounts, upon said lists being returned, legally certified from the County Court of Bath county, is hereby directed to issue his warrant upon the Treasurer for the respective amounts of each list; and the Treasurer is then directed to pay the same out of any money in the Treasury not otherwise appropriated. Approved February 1, 1838. 1838. CHAP. 717-AN ACT to extend the Spring Term of the Russell Circuit Court, and to change the Spring Term of the Casey Circuit Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the spring term of the Russell Circuit Court, which commences on the Monday succeeding the fourth Monday in April, shall continue twelve juridical days, if the business of the court shall require it. SEC. 2. That the spring term of the Casey Circuit Court, which commences on the second Monday in May, shall hereafter commence on the third Monday in May, and set six juridical days, if the business of the court shall require it. Approved February 1, 1838. CHAP. 718-AN ACT to legalize the proceedings of the Trustees of the town of Owingsville. WHEREAS, it is represented to the present General Assembly of the Commonwealth of Kentucky, that the Trustees of the town of Owingsville did, on the 8th day of January, 1838, make an order permitting James Sudduth to close certain streets within said town, and there being doubts whether said Trustees had, by law, power to make said order—to remove which, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said act, of said Trustees, be and the same is hereby declared to be as binding and effectual, to every intent and purpose, as though the same had been done in conformity with a special law on that subject. Approved February 1, 1838. |