the passage of this act, cause the same, with the deed of conveyance to them, to be recorded in the Clerk's office of the County Court of McCracken. 1838. Rights of oth ers to the land hot to be affect ed. Proprietors SEC. 6. That nothing in this act shall be so construed as to affect the right or claim of any person or persons to the said five hundred acres of land, or any part thereof; but any person or persons establishing his, her or their right or claim to the same, shall have full power to sue for and recover the whole or any of said lots: and before any lot or lots in said town shall be sold, by the said Trustees of the said town, the said proprietors shall enter into bond, with sufficient security, to give bond in the penal sum of fifty thousand dollars, payable to the and security. Commonwealth of Kentucky, in the County Court of McCracken county, which said bond shall be conditioned to repay the price or purchase money of said lots, with legal interest, to any person or persons who may be entitled to receive the same, in case the title of the proprietors shall prove defective to said five hundred acres of land, or any part there' of; and the said bond may, hereafter, at any time, be put in suit by any person who may hereafter be entitled to all or any part of said money. Approved February 16, 1838. CHAP. 958-AN ACT for the benefit of the widow and heirs of William WHEREAS, it is represented to the present General Assembly, that the widow and adult heirs of William Willis, late of Adair county, Kentucky, have united in a sale to John Massie of a tract of about five hundred acres of land, lying in said county of Adair, to one John Massie, being the same tract assigned to the widow for her dower in the lands of her deceased husband; and have, also, contracted and sold the interest of those of the heirs of said William Willis, who were under age, which sale the widow, adult heirs, and the guardian and next friend of the infants, represent to be an advantageous one to all concerned, and desire that it may be confirmed, and a safe title made to the purchaser-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the widow of William Willis, late of Adair county, Kentucky, in conjunction with the heirs of said Willian, who are adults, and the guardian or next friend of such as may be minors, to file their petition in the Adair Circuit Court, setting forth the fact of the sale to John Massie of the before named tract of land in Adair county, and the price and circumstances which rendered it expedient, in their opinion, to make said sale; and said Circuit Court may, on the facts stated in said petition, or on those facts in connection with such other proof as may be 1838. produced, decree a confirmation of the said sale, and appoint a Commissioner to convey on the part of such as are infants, in conjunction with the adult heirs of said William Willis, deceased, or who may convey for infants and adults as may be deemed most expedient by said court. SEC. 2. That it shall and may be lawful for said Adair Circuit Court, to decree a sale of two tracts or parcels of land belonging to the heirs of said William Willis, situate in the county of Union, and State of Kentucky, and one town lot in the town of Columbia, Kentucky, on the joint petition of said heirs, by themselves or guardian or next friend, to said court, praying such sale; and that the proceeds thereof be distributed, by said court, according to the legal rights of the heirs of said William Willis. SEC. 3. That upon the filing of the petition named in the first section, hereof, in relation to the sale to John Massie, it shall be lawful for said widow of William Willis, to make her election to hold and retain the whole of the price for which said land was sold, during her life, or to have the value of her dower interest therein ascertained by the court; and in case she shall elect to retain the whole price for which said sale was made, during her life, said Adair Circuit Court shall, before confirming said sale and directing a conveyance on the part of the heirs, require the widow to execute and acknowledge bond, in a penalty of at least double the amount of price for which said sale was made, to Massie, with condition to pay to the heirs of William Willis, deceased, respectively, their lawful proportions of the price of said land, according to the statute of distributions, and shall secure the same, by mortgage on real estate, to the satisfaction of the court; and in case said widow shall elect to receive, absolutely, the value of her dower, to be ascertained as herein provided, said Circuit Court shall direct that it be paid to her as it may fall due and be received, and shall, previously to the portions that may belong to any of the infants being paid to their guardians or next firiend, require of such guardian or next friend a bond, with good and sufficient security, to pay the same over, with such interest as it may produce, to the said infants, respectively, on their ariving at full age. Approved February 16, 1838 CHAP. 959-AN ACT for the benefit of the Public Schools of Campbell County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Seminary lands of Campbell county, and all lands which have or may escheat to the Commonwealth in said county shall vest in the school Commissioners of Campbell county, as soon as said Commissioners shall be appointed, and the county laid off into school districts; and they shall sell Approved February 16, 1838. 1838. CHAP 960-AN ACT to alter the mode of selecting Petit Jurors. The mode of SEC. 1. Be it enacted by the General Assembly of the Ccmmonwealth of Kentucky, That for the purpose of selecting Petit Jurors, the Circuit Courts shall, at their several terms, selection. appoint three Commissioners, who, at the term when appointed, shall select one hundred persons, free from all legal exceptions, of fair character, of approved integrity, of sound judgment, and well informed, to serve as Petit Jurors, and write their names on several and distinct pieces of paper, and shall roll up, or fold, such pieces of paper, each in the same manner, as near as may be, and so as to resemble each other as much as possible, and so that the name written thereon shall not be visible, and deposite the same in a sufficient box; and said Commissioners shall shake said box so as to mix the slips of paper, on which such names were written, as much as possible, and then draw out of the box, one by one, the whole of the slips of paper containing said names; and they shall keep a minute of the drawing, in which shall be entered the name contained on every slip of paper, so drawn, before any other such slip of paper shall be drawn; and a list of the names of the persons so drawn, in the order in which they were drawn, shall be made and certified by said Commissioners, under their proper hands-which certificate they shall Duties of the Commissioners. fold up and enclose in a paper envelope, duly sealed, with their names thereon endorsed across the seals, so that the contents of said certificate may not be known without breaking the seals; and said Commissioners shall, in open court, deliver said certificate, so enveloped, to the presiding Judge, who shall hand it to the Clerk of the court forthwith, and swear him not to open said envelope, except at the time prescribed in this act, and when opened not to divulge to any person the names of any of the Jurors summoned, until after such Juror is summoned and in attendance, or discharged as a Juror, or until after the expiration of the next term, except in delivering panels of Petit Jurors to the Sheriff, as hereinafter provided for; and not directly or indirectly converse or communicate with any of said Jurors, unless under the direction of the court, touching or concerning the merits or subject matter of any suit, pending for jury trial in said court, at the next term of the court-which oath the court shall, at the same time, also, administer to the deputies of said Clerk; and if, between that time and the next term of said. court, said Clerk should employ any other additional deputy, or deputies, it shall be his duty to administer said oath to him, or them, in the Clerk's office, and preserve among the records of the court a certifi cate thereof. SEC. 2. That within thirty days of the next term, and not before, the Clerk shall open said envelope and make out a list of the first twenty four persons named as Jurors in said certificate of the Commissioners, and forthwith deliver said list to the Sheriff of the county, who shall, at least three days previously to the said term, summon, said persons to attend as Petit Jurors, by giving personal notice to each Juror, or by the said Sheriff, in person, or by one of his deputies, leaving a written notice at said Juror's place of residence, with any free white person, above the age of sixteen years, who shall be a member of said Juror's family, and be informed of the purport of such notice; and said Sheriff shall return said list to the court, at the opening thereof, specifying those who were summoned, and the manner in which each Juror was notified: but the Clerk shall not include in said list the name of any person who, to the knowledge of said Clerk, has, since the drawing of said Jurors, died, become insane, or perma nently removed from the county; and if any of the Jurors summoned, or notified, at any time before the term, shall, without reasonable cause, neglect to attend, he shall pay a fine of twenty five dollars: but if it shall appear, by such return, that any defaulting Juror was notified, by leaving a written notice at his place of residence, he may discharge the contempt by swearing that he had not known or heard of such notification at any time before the commencement of said term. SEC. 3. That said Commissioners shall be exempt from serving as Petit Jurors until after the expiration of the three next regular terms of said court; nor shall they be competent again to act as Commissioners, during said period; and no person shall be appointed Commissioner who, at the time, shall be a party to any suit depending in said court, which may require the intervention of a Jury, or who is not qualified or bound to serve as a Petit Juror: but before said Commissioners proceed to act, they shall be sworn faithfully to discharge the duties imposed upon them by this act, and not divulge the name of any Juror who may be returned by them in their certificate, until after the expiration of the next term of said court, or until said Juror shall be in attendance or discharged as a Juror; and that they will not, directly or indirectly, converse or communicate with any Petit Juror, touching or concerning the merits or subject matter of any suit, pending and to be tried in said court, until after the expiration of said term, or the trial or continuance of said suit at said term, or discharge of said Jurors. Persons to ba SEC. 4. That said Commissioners shall not select, as Petit Jurors, any person who shall, at the time, be exempt from selected. jury service, or not qualified as Petit Jurors, by the laws now in force; and the Clerk shall furnish said Commissioners the names of such persons as, by reason of previous service as Petit Jurors or Jury Commissioners, are then exempt from jury service; nor shall said Commissioners select as Petit Jurors any person who shall, at that term, serve as a Grand Juror; nor shall any person be selected as a Petit Juror, without the concurrence of the whole of said Commissioners. SEC. 5. That when more than one panel of twenty four Petit Jurors shall be required, at any term, as contemplated by the fifth section of the act, entitled, an act supplemental to an act, providing for the compensation of Jurors, the court shall, from time to time, require an additional panel to be made out from the certificate of said Commissioners, taking their names in the order in which they are entered on said certificate-which subsequent panel shall be delivered to the Sheriff, who shall summon them forthwith. to SEC. 6. That if any person shall be appointed a Jury Commissioner, and fail or refuse, without any reasonable excuse, attend the court as Commissioner, when duly summoned, he shall be fined twenty five dollars. SEC. 7. That Petit Jurors shall be summoned to attend at the next terms of said courts, agreeably to the laws now in force; and if, from any cause whatever, they should not thereafter, at any term of said courts be selected and drawn, in the manner prescribed by this act, they shall be summoned for the next term, as provided for by said laws. SEC. 8. That where more than two panels of Petit Jurors may, in the opinion of the coart, be necessary at the same term, as contemplated in the fifth section of this act, the court may require the Jury Commissioners to select as many more Jurors, not exceeding two hundred, as the court may think Additional panel. Fine for failing to serve as Commissioner. Juries sum moned to attend the next courts. The number of Jurors to be selected. |