strikes the same; and the said Board are hereby authorized to put the said work under contract this present year, provided that they shall believe it to be of sufficient public importance and utility; and pay for the same out of any moneys in the Treasury set apart for Internal Improvement, not otherwise appropriated.

Approved February 16, 1838.

1838.

CHAP. 949-AN ACT for the benefit of the estate of Joseph Spencer, dec'd.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the executor or administrator of Joseph Spencer, deceased, is authorized to file a petition or bill, in the Marion Circuit Court, making the heirs of said decedent defendants thereto, and setting forth the condition of the estate, the amount of debts against said estate that are yet unpaid, and that the personal estate is exhausted, and praying for the sale of certain lots in the town of Shelbyville, and all the landed property in the county of Marion belonging to the estate of said Spencer, for the purpose of the payment of said debts.

SEC. 2. That whenever it shall appear to said court that the heirs of said Spencer have been duly served with process, or having filed their answer, by themselves, if of age, or by their guardian ad litem, if under age, and that the personal estate has been exhausted, and that debts yet remain unpaid, and that it will be of benefit to the heirs, may render a decree directing the sale of any or all of said town lots, on such credit and in such manner as shall seem most advisable to said court, and appoint a Commissioner to carry into effect said decree; and said Court may require said executor or administrator to give bond and security, for the faithful administration of the proceeds of said sale, and the payment of the surplus, if any, to the heirs; and the said court may direct such title to be made to the purchaser of said estate, at such times and in such manner, as shall seem best: provided, however, that nothing in this act shall be so construed as to prevent said court from rendering a decree therein, at the first term of said court, if it shall appear advisable, necessary or expedient to do so.

Approved February 16, 1838.

CHAP. 950-AN ACT for the benefit of the heirs and widow of Samuel Gatton, deceased.

WHEREAS, it is represented that Samuel Gatton, late of the county of Spencer, died intestate, leaving Mary Gatton, his widow, John Gatton, Gustavus Gatton, Henry Gatton, Thos. Gatton, Benjamin Gatton, Elizabeth Reasor, who intermar

1838.

ried with William H. Reasor, Susan Self, who intermarried with Green Self, Emeline Clarke, who intermarried with Obediah E. Clarke, all of whom are twenty one years of age, also, Julian Gatton, Maria Gatton, and Samuel Gatton, who are infants under the age of twenty one years, his children and heirs, and that he was possessed of a tract of land containing about two hundred and seventy acres; that the said tract of land is not susceptible of a division to the advan tage and profit of said heirs, after taking off the widow's dower; and that it would redound greatly to the advantage of the said widow and heirs of Samuel Gatton, deceased, if the said tract of land could be sold, and the proceeds of the sale, so far as the heirs are entitled to the same, be divided among them, and that portion which would be coming to the widow vested in other land, during her natural life, and at her death to descend to the heirs of the said Samuel Gattontherefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the said Mary Gatton, widow of Samuel Gatton, deceased, John Gatton, Gustavus Gatton, Henry Gatton, Thomas Gatton, Benj. Gatton, Elizabeth Reasor and William Reasor, Susan Self and Green Self, Emeline Clarke and Obediah Clarke, to file their petition in the Court of Chancery for Spencer county, praying said court to decree a sale of the tract of land of about two hundred and seventy acres.

SEC. 2. That it shall be lawful for the Court of Chancery, for Spencer county, when said petition is filed, and the infant heirs of said Samuel Gatton, deceased, made defendants thereto, and chancery process duly and regularly served upon them, and their answer, by a guardian or guardians ad litem, regularly filed to said petition, and all the facts of the case are before the court, to decree the said tract of land to be sold, if by the court it should be thought most advisable to do so; and if the said court shall decree a sale of the said tract of land, it shall appoint a Commissioner to carry its decree into effect.

SEC. 3. That if the said Mary Gatton, widow of Samuel Gatton, deceased, shall file a release of her dower in the tract of land before mentioned, the said court shall have the power to decree to her not exceeding one third of the purchase money, in lieu of her dower aforesaid; and said court shall, also, decree such title to be made by said Commissioner to the purchaser or purchasers of said land, and at such time as it may deem proper.

SEC. 4. That Mary Gatton, widow as aforesaid, shall, upon receiving her portion of the purchase money in lieu of her dower, execute, in the Spencer Circuit Court, a bond, in the penalty of five thousand dollars, with good and sufficient security, to be approved of by said court, that she will, herself, or by her agent, vest said money in land well selected in either of the States of Kentucky, Illinois, or Missouri, which lands,

when so purchased, by herself or agent, shall be for her benefit
and to her use, during her natural life, and at her death to
descend to the heirs of the said Samuel Gatton, deceased, and
the deed or deeds to said land, when purchased, so to be
drawn.
Approved February 16, 1838.

1838.

CHAP. 951-AN ACT concerning taxes collected by Clerks of Courts.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Clerks of Courts shall, on or before the first day of December, annually, account for and pay into the Public Treasury all taxes by them collected, and in default thereof, said Clerks and their securities, shall be subject to judgments in the General Court at the January term following, by motion, in like manner as Sheriffs for a failure to pay revenue tax into the Public Treasury.

Approved February 16, 1838.

CHAP. 952-AN ACT concerning the County levy in Fayette County.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Fayette, or other Collector of levies in said county, shall be allowed further time until the first day of December, in each year, to pay to the several creditors thereof their respective claims against said county, instead of the first day of October, in each year, as provided for by the laws now in force.

Approved February 16, 1838.

CHAP. 953-AN ACT for the benefit of Knott and Douglas, late Contractors
on Muldrow's Hill Turnpike.

WHEREAS, by the provisions of an act approved 9th Feb.
1836, entitled, an act to authorize the Board of Internal Im-
provement to have the turnpike on Muldrow's Hill examined
by an Engineer, and a report thereon of his opinion of the
value of said road, and for other purposes, among other things,
it was provided that said Engineer, when said work is com-
pleted, shall furnish to said Board a fair and accurate estimate
of the value of said work, and if the estimate shall exceed the
amount for which the work was contracted to be performed,
&c. and to allow to the Contractors, upon certain conditions,
a fair equivalent for the work: and, whereas, the said Board
did cause an estimate to be made, and according to that esti-
mate did pay to the Contractors, Knott and Douglas, such ad-
ditional sum over the contract price as said estimate showed

1838.

to be right; and, whereas, it is represented that the said En-
gineer, in making said estimate, made a mistake in admeasure-
ment of the quantity of rock excavated, by which injustice
was done the Contractors: and, whereas, justice demands that
they shall be paid for the full quantity of work actually done,
at the prices fixed by the estimate, made by the Engineer un-
der the provisons of the act aforesaid.

Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That it shall be the duty of the Chief Engineer,
or Samuel Fitch, at such time as shall be convenient, upon
the request and at the costs of said Knott and Douglas, to
re-survey the quantity of rock excavated on said turnpike,
and report the number of cubic yards to the Board of Internal
Improvement; and if it shall appear that there was a mistake
in the quantity estimated, the said Board shall pay to said
Knott and Douglas the value of the same, according to the
prices fixed by the estimate last made and reported by the En-
gineer under the provisions of said act: Provided, however, in
making said estimate, the Engineer shall make the estimate
of excavation, and the calculation thereon, according to the
customary rules where said rock is used upon the road, and
shall make the proper deductions therefor.

Approved February 16, 1838.

CHAP. 954-AN ACT for the benefit of Mark Whitaker.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Mark Whitaker and his former wife, Elizabeth Whitaker, be and the same is hereby dissolved, so far as relates to the said Mark Whitaker, his wife having heretofore been divorced by the Kentucky Legislature.

Approved February 16, 1838.

the sole use of females.

CHAP. 955-AN ACT authorizing permanent provision for resident females,
in Kentucky stocks, and guardians to invest the money of their wards in Bank
stocks.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for any person Stocks may who may desire to make an annual provision for a resident be vested for female friend, relative, or connection, in such manner that the provision will be for the exclusive use of the female, and not transferrable, nor liable to vest in the husband, nor be subject to his debts, to transfer, or cause to be transferred, to such female, stock in any of the Banks, or other corporations created by this Commonwealth, and have it expressed on the face of the certificate of stock, and on the transfer-book of the Bank or corporation, that such stock is for the exclusive use

H

of such female, and as annual provision for her support. And no such stock shall be transferrable during the life of the female, nor liable to the debts contracted by her, nor shall it vest in her husband, nor be liable to his debts, nor shall he be entitled to it as her administrator, but it shall pass to the same persons who would take her real estate as heirs at law: provided, that if she be a feme sole, she may dispose of it by last will and testament, and if a feme covert, may devise it, with the consent of her husband.

SEC. 2. That the dividends, from time to time, as declared, shall be paid over to the female, and shall not be paid on any power of attorney, executed before the same is declared, nor in which there is not express authority to draw the same; and the receipt of the female, whether married or sole, shall be an acquittance for the dividend; and she shall also, whether married or sole, have authority to execute a power of attorney to draw the same; and feme coverts shall have the right to take such stock without the consent of their husbands.

1838.

Dividends to

be paid to the females.

Stocks may

the exclusive use of females.

SEC. 3. That it shall be lawful for any person, by last will and testament, to devise stock in any of the Banks, or other be devised for corporations created by this Commonwealth, to any female friend, relative, or connection, who is a resident of the State, for her exclusive use, or to direct such stock to be purchased for her exclusive use: and such stock shall be transferred or purchased and transferred by the executor or administrator, with the will annexed, to such female, in the same manner as directed in the first section and with all the consequences: Provided, that when the testator shall so direct, the stock, after the death of the female, or the expiration of the time of the provision is made for, shall go to such person, and in such manner, as the will shall declare.

SEC. 4. That it shall be lawful to have the stock, from which the annual provision aforesaid is to arise, transferred to a Trustee, for the exclusive use of the female for life, or years, and to direct, in the deed of trust, to whom the same shall after her death, or after the expiration of the term of years for which it is given, and also to whom the dividends shall be paid for her use.

go

SEC. 5. That when the charter of such corporation shall expire, or be otherwise terminated, the stock so held in the corporation, shall be invested in other Kentucky stocks, in the same way and to the same use; and when the charter shall be extended, the stock shall be continued in the corporation, in the same way and to the same use; and the female, or any friend in her name, may file a bill in chancery to enforce this provision, and the corporation may file a bill to enforce it, and the officers of the corporation shall not be discharged until the stock is so invested.

Proviso.

May be transferred to a trus

tee.

When the charter of the corporation ex

pires the stock shall be vested

in other stock.

SEC. 6. That it shall be lawful for the guardians of resident Money of wards to invest the money belonging to their wards in the wards vested stock of the Bank of Kentucky, Northern Bank of Kentucky, by guardians.