CHAP. 783-AN ACT to change the place of voting from the house of Thomas Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, from and after the passage of this act, the election precinct heretofore held at Thomas Dance's, in Pendleton county, be and the same is hereby removed to the house of Jonathan Callen, to be called the Fork Lick Precinct; and all elections hereafter held at said precinct, shall be conducted under the laws now in force upon the subject of elections. Approved February 12, 1838, 1838. CHAP. 784--AN ACT for the benefit of D. S. Hays, Brigade Inspector of the 27th Brigade of Kentucky Militia. WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that Daniel S. Hays, Brigade Inspector of the 27th Brigade of Kentucky Militia, performed the duties of his office at eight different musters in the 27th Brigade, and obtained from the Brigadier General a certificate of said services, in consequence of resignation and death-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts is hereby directed to issue his warrant in favor of said Hays, on the Treasurer, for twelve dollars, for said services, which the Treasurer is hereby directed to pay, out of any money in the Treasury not otherwise appropriated. Approved February 12, 1838. CHAP. 785-AN ACT for the benefit of McRery, Fleming and Tomb. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Board of Internal Improvement be and they are hereby authorized and required to appoint the Chief Engineer to examine the work done by McRery, Fleming and Tomb, at Vienna falls on Green river; and that said Engineer be instructed to inquire and ascertain whether any, and, if any, what amount of damage or loss has been sustained by the contractors aforesaid, by timber cut from the banks of the river, and to make out an estimate of said loss or damage and return the same to said Board, together with an estimate of the value of any additional work occasioned by alterations in the plans of construction, and injury sustained by such alterations, for which the contractors have not been compensated; and said Board shall be and they are hereby authorized to make to the contractors such allowance for losses sustained by the timber aforesaid, and for the alterations as above 1838. specified, which have not been paid for, as in the opinion of the Board may be just and equitable; and that the same be paid out of the Internal Improvement fund of the State: and that it shall, also, be the duty of said Chief Engineer to make an examination and estimate of the value of said work, according to the prices of constructing similar works on Green river, at the time said work was done, showing the difference between the price that said work was first undertaken at, and the estimate hereby authorized to be made, and report the same to the next Legislature. Approved February 12, 1838. CHAP. 786-AN ACT for the benefit of William M. Simmons. WHEREAS, at the October term, 1832, of the Bullitt Circuit Court, William M. Simmons was, by the verdict of a jury, and the subsequent orders and proceedings of said court, found to be an Idiot, and a committee was appointed to take charge of him and his estate, and since that time great doubt has arisen, whether or not the inquisition of said jury be true, and the said Simmons be an Idiot in fact: and, whereas, the said Simmons has made his personal appearance before the Judge of the Bullitt Circuit Court, in session at the July term 1837, and demanded of said court a jury to re-try the question of Idiocy, which was refused by said court, and the application has been removed to the Spencer Circuit Court, and is now pending in said court, and doubts exist as to the jurisdiction of the Spencer Circuit Court-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Judge of the Spencer Circuit Court, on the appearance of said William M. Simmons before said court, when in session, to order a jury to be summoned and convened and sworn, whose duty it shall be, on the personal inspection of said William M. Simmons, and Jury to be such proof as may be adduced before them, to re-try the quessummoned and tion whether or not the said William M. Simmons is, or is not, re-try the inan Idiot, and their verdict, so found, they shall return into quisition. said court; whereupon, it shall be the duty of said court to have such proceedings thereon as is lawful in cases of Idiocy, under the laws now in force in this Commonwealth; the court shall cause the expenses of the inquisition, including counsel and winesses' fees, to be paid out of the estate of said Sim mons. Approved February 12, 1838. CHAP. 787-AN ACT for the benefit of the Sheriffs of Jessamine and Barren 1838. Jessamine SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff' of Jessamine county county. shall have until the meeting of the Court of Assessment of muster fines for the year 1838, to return his list of delinquent muster fines for the year 1837. SEC. 2. That the Sheriff of Barren county be allowed until the first day of January next, to make out and return to county. the Auditor of Public Accounts his list of delinquents in the Auditor's additional lists, transmitted to said Sheriff by the Auditor in the year one thousand eight hundred and thirty six; and for said delinquent list the Auditor shall give said Sheriff a credit in his settlement of the revenue tax due and collectable in year one thousand eight hundred and thirty eight, in case he has paid into the Public Treasury the amount of said Auditor's additional list. Approved February 12, 1838. Barren CHAP. 788-AN ACT for the benefit of the heirs of John H. Bell, deceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the Guardian, or Guardians, of the infant heirs of John H. Bell, deceased, to file their bill in the Fayette Circuit Court, praying that they be authorized to sell a certain tract of land, situate in said county, containing about seventy acres, for the purpose of educating and maintaining said infant heirs; in that case, the said Circuit Court shall order and decree a sale of said land, upon such terms and such credits as the court may think best, and shall appoint a Commissioner to carry said decree into effect; and upon the Commissioner reporting the same to court, the court shall order the amount to be paid over to the Guardian of said infants for their support and maintenance: Provided however, That before the money so raised shall be paid over to said Guardian, or Guardians, he or they shall be required to enter into bond, with approved security, in a sum double the amount belonging to each heir, for the faithful performance of the duty assigned to and required of him or them: And, provided further, That said court shall not decree a sale of said land unless it shall appear to be the interest of the heirs to have the same sold and the proceeds so applied, taking into consideration the whole of their estate and their future prospects. 23 Approved February 12, 1838. 1838. CHAP.789-AN ACT to extend the powers of the Trustees of the town of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Trustees of the town of Cynthiana, in the County of Harrison, be and they are hereby authorized to appoint a Marshal for the said town, and take from him bond and security, in such sum as the said Board of Trustees shall prescribe, conditioned for the faithful performance of the duties of his office; and it shall be the duty of the said Marshal to prosecute all violations of the ordinances of said Board of Trustees, and the laws of this Commonwealth applicable to towns. Approved February 12, 1838. CHAP. 790-AN ACT to change the name of Isaac Whitson and Elizabeth Whitson, and the names of their children, to that of Young, and to change the name of John Lawrence. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the name of Isaac Whitson, and Elizabeth Whitson his wife, of the County of Oldham, be and they are hereby changed to Isaac Young and Elizabeth Young, and the names of their children, Leander Whitson and Pembroke Whitson, be and they are hereby changed to Leander Young and Pembroke Young. SEC. 2. Be it further enacted, That the name of John Lawrence, of Barren County, be changed to that of John L. Cole, and that the said John be known and called forever, hereafter, by the name of John L. Cole. Approved February 12, 1838. CHAP. 791-AN ACT authorizing the Register to issue a Patent in the name of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so soon as a copy of an original survey for four hundred acres of land, made in the year 1806, in the name of Barnabas Wing, shall be filed with the Register of the Land Office, accompanied by the affidavit of Rezin R. Price, that the original survey, with the assignment thereon, is lost, it shall be the duty of the Register to receive and file said plat and certificate, and to issue a patent thereon to the said Barnabas Wing, as though the original plat and certifi cate were filed: Provided however, That nothing herein contained shall be construed to affect any other valid or better claim to said land in law or equity. Approved February 12, 1838. CHAP. 792-AN ACT for the benefit of the Administrator of Elias McWorthy, deceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Milton E. McWorthy, administrator of the estate of Elias McWorthy, deceased, to file a petition in the McCracken Circuit Court against the heirs and legatees of said deceased, alleging that the personal estate is insufficient to pay the debts of said Elias McWorthy, and that he has a lot of ground in the town of Paducah; 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 causing his aecounts to be stated and settled, have power and authority to decree a sale of said lot of ground, and the proceeds thereof to be applied to the payment of said decedent's debts, which remains unpaid: and said court shall, in all other respects, 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 February 12, 1838. 1838. CHAP. 793-AN ACT for the benefit of Lucy C. Read. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract now existing between Lucy C. Read and Joseph Read, be and the same is forever dissolved, so far as the same relates to said Lucy C. Read; and she is hereby restored to all the rights and privileges of an unmarried woman. Approved February 12, 1838. CHAP. 794-AN ACT to amend the Charter of the town of Newport. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, whenever it shall be desired by the owners of a greater part of the ground fronting on any of the streets, from the external boundary to an intersecting street, or between intersecting streets, in the town of Newport, to grade and pave the same, and such desire shall be made known to the President and Trustees of said town, by petition in writing, signed by two thirds of the lot holders on said street, or streets, so proposed to be graded and paved, it shall and may be lawful for the President and Trustees of said town, and full power and authority is hereby given them, to levy and impose such a tax upon the owner or owners of lots on said street, or streets, so proposed May levy a tax on certain lots to pave the foot ways. |