1838. May file a Court decree a sale. David Armstrong, husband of said Mary, be permitted and au- Approved February 9, 1838. CHAP. 762-AN ACT to regulate equitable proceedings under five pounds before Justices of the Peace. WHEREAS, great hardships have resulted to the people of this State in consequence of no appropriate remedy having been given to collect debts in chancery under five pounds— for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, when the plaintiff or plaintiffs in an execution, which shall have been returned no property found to make the debt, or any part mentioned in said execution, when the same shall not exceed five pounds, may require the Justice of the Peace from whom said execution issued, to issue a summons against any person or persons who may be indebted to the defendant in said execution, to appear before him, and answer, on oath, to the amount he, she or they, may be owing to said defendant or defendants, or either of them, in said execution, and that said Justice shall then make any order or orders that he may deem right, so as to secure the payment of the plaintiff's debt from the person or persons so summoned, provided the same shall be owing. SEC. 2. That the defendant or defendants, in said execution, shall be summoned to appear at the same time that the person so garnisheed shall be summoned to attend, as aforesaid, to show cause, if any there be, why said order or orders shall not be made, provided they shall be in this Commonwealth: And, provided further, That the person or persons so garnisheed shall not be compelled to pay any cost or costs accruing on said proceedings, nor shall they be compelled to pay any debt to the plaintiff or plaintiffs, in said execution, different from the manner in which the same was contracted with said defendant or defendants; but in case where the same was 1838. contracted with said defendant or defendants; but in case where the same shall not be due, or shall be payable in property, the Justice, as aforesaid, shall make such order or orders as shall be deemed just and equitable between said parties: Provided, That this act shall not extend to or authorize the attachment of money or property on account of labor or personal services not fully rendered. SEC. 3. That the Justice so issuing said summons, shall Justice to en- endorse on the same an order restraining said person or persons, so summoned, not to pay to said defendant or defendants, or any one for them, the amount owing to them until the further order of said Justice. re dorse a straining order. Approved February 9, 1838. CHAP. 763-AN ACT to amend the act establishing the Greenupsburg Savings WHEREAS, the Clerk who engrossed the act, entitled, an act to establish the Greenupsburg Savings Institution committed an error by making the word "receiving" in the third line of the sixth section read "recovering;" and whereas the stockholders, after subscribing stock and electing a President and Directors, were unwilling to pay up the full amount of stock subscribed until the said error should be corrected-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the word "receiving" shall be substituted for the word "recovering," in the third line of the sixth section of said act, and shall have the same effect as if the said word had been correctly transcribed by the engross ing Clerk; and shall have the same effect in law as if the said error had not been made. And it shall be the duty of the President and Directors of said Institution to make regular calls upon the subscribers of stock, to pay up, from time to time, such portions of the stock subscribed as may be required of each subscriber, until the whole amount of stock subscribed by each shall be paid in full; and the calls upon each subscription, as fast as the same is paid in, shall have the same effect as if the whole amount had been paid at the date of the subscription: Provided, That no subscriber shall pay less than two hundred dollars per quarter, until the whole amount subscribed by each stockholder shall be fully paid. SEC. 2. That the President and Directors of said Institution, and their successors in office, may, from time to time, with the assent of a majority of the voting members, open the books of the institution for additional subscriptions of stock, Approved February 9, 1838. CHAP. 764-AN ACT for the benefit of the heirs of John Portman, deceased. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the heirs and administrators of John Portman, deceased, to file their petition in chancery, in the Casey Circuit Court, praying for a sale of the real estate of said decedent, for the purpose of paying his debts; and if it shall appear to the satisfaction of said court, that the assets which came to the hands of the administrators, have been exhausted in the payment of debts, and that there yet remain other debts against said estate unsatisfied, said court shall have power and authority to decree a sale of the real estate descended from said Portman for the purpose of paying the debts yet remaining unsatisfied. SEC. 2. That the said court shall have power to appoint a Commissioner to make said sale, and exact from him bond, with security, and to make such orders and decrees in relation to the disbursement of the same as may be just; and to make all such other and further decrees as may be consistent with the rules of chancery proceedings. Approved February 9, 1838. CHAP. 765-AN ACT to improve the roads in Simpson County, and for other purposes. Vacant land road. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the vacant and unappropriated land lying south and opposite to Simpson county, in the terri- appropriated to tory between Walker's line and the line in latitude thirty six degrees thirty minutes, north, in the State of Tennessee, be and the same is hereby appropriated to said county for the purpose of improving the roads therein: Provided, however, That this act shall not prevent those who may now hold treasury land office warrants from locating, surveying and patenting the same. SEC. 2. That the Register of the Land office be and he is hereby authorized and required to issue land warrants, in the name of the Simpson County Court, at any time, for such amount as the said court may require, without the State price therefor being paid, to be located south and opposite said county, between Walker's line and latitude thirty six degrees thirty minutes, north, in the State of Tennessee; and when aný survey shall have been made, on any of said warrants, and certificates of such survey shall be returned to the Register's office, said Register is hereby directed to Register the same, and issue patents therefor without fee or charge. Register to issue warrants and patents for same. County court SEC. 3. That the County Court of said county may appoint an agent, or agents, to locate, or to sell and assign said war- may appoint arants, or any part of the same, who shall enter into bond, with gent. 1838. Proceeds to security, in said court, in such sum as said court shall require for the faithful discharge of his duty. SEC. 4. That all money arising from the sale of said land, as aforesaid, shall, by said court, (a majority of all the membe applied to bers thereof being present,) be applied to the improvement of such road or roads in said county as said court may think proper. roads. Provisions apSEC. 5. That all the provisions of this act shall apply to plied to Todd and are hereby made applicable to the county of Todd. county. Approved February 9, 1838. county. Bracken CHAP. 766-AN ACT to change the place of voting, from the house of William Pepper to that of James Young, in Bracken County, and to change the place of voting in the Millersburg Precinct, in Bourbon County. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the Snag precinct, at the house of William Pepper, shall be changed to the house of James Young in Bracken county, and all elections to be held in said precinct shall be governed by the laws now in force upon the subject of elections. SEC. 2. That, hereafter, the elections in the Millersburg Millersburg precinct, in Bourbon county, shall be held at the house of Oscar J. Miller, in said town, instead of the house of John Holladay, as provided in the act establishing said precinct, approved January 11th, 1825. precinct. at SEC. 3. That the comparison of polls, from all the places of Polls to be voting in said county of Bourbon, shall take place at the court compared house, in Paris, on the Friday after the election in each year; and all laws inconsistent herewith are hereby repealed. Approved February 9, 1838. court house. CHAP. 767-AN ACT the better to secure the collection of taxes. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, it shall be lawful for the different Sheriffs, and other collecting officers, in this Commonwealth, to retain in their hands the amount of taxes, county levies, and other public dues, owing to the government by individuals, out of any claims for money allowed by the County Courts in this State; and after retaining the amount of taxes, county levies, and other public dues, due the government, the Sheriff and other public officers, shall promptly pay over the balance of such claims to the persons to whom such allowances were made, all other laws to the contrary notwithstanding. Approved February 9, 1838. CHAP. 768-AN ACT to amend an act establishing the Whitley Turnpike Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Commissioner, or Commissioners, of the Whitley Turnpike road may, at any time, apply to the Whitley County Court for liberty to change the location of said road at any point within said county, provided said application shall not be for a greater distance than one mile, at any one place; and that said court, in making said change, shall be governed by the laws now in force in relation to public roads. Approved February 9, 1838. 1838. CHAP. 769-AN ACT for the benefit of Chilan Carter. WHEREAS, it is represented that Mrs. Carter, the wife of Chilan Carter, of the county of Monroe, had on the eighth. day of the present month, (January,) three children at one birth-one son and two daughters-for encouragement whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Monroe county be and they are hereby authorized to give to said Carter, one thousand acres of the vacant and unappropriated land lying in the State of Tennessee, between Walker's line and the latitude of thirty six degrees and thirty minutes, to be entered, surveyed and patented according to the law now in force upon that subject; provided, however, that said Carter shall not be required to pay any thing for the same except the surveying thereof. Approved February 9, 1838. CHAP. 770-AN ACT for the benefit of the heirs of William T. Smith, dec'd. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Judge of the Scott Circuit Court be and he is hereby authorized and required, upon the petition of Henry Branham, guardian for the infant children of Polly Branham, deceased, to decree a sale of said infants' interest in and to a house and lot in the town of Georgetown. SEC. 2. That the Judge, in decreeing a sale of the estate mentioned in the first section of this act, shall be governed and controlled by the general law now in force authorizing a decree for the sale of infants' real estate. Approved February 9, 1838. |