fants will be best advanced by a sale of said land before they arrive at full age, the court shall decree a sale to be made, at such time and on such credits as will best comport with the circumstances of the case; and the said court shall have full power and authority to order and decree in what manner the proceeds of said land shall be invested for the benefit of said minor children, either in other lands, or put out af interest, as may seem to the court most to the interest of said minors: Provided, however, that the court shall require of the commissioner, trustee or next friend, who may be appointed to carry into effect the decrees and orders of the court, touching the premises, bond with approved security for the full and faithful performance of his duty, and to account to said minor children respectively, as they may arrive at full age, for his or her interest; which bond shall be made payable to said infant children, and filed with the clerk of said court. [Approved, January 29, 1829.] 1829. CHAP 151.-An ACT for the benefit of the heirs of William WHEREAS it is represented to the present General Preamble.. Assembly, by the petition of the widow and adult heirs of William D'Bell, deceased, that said decedent departed this life claiming an interest in both real and personal estates of his father, William D'Bell, decensed, and of his brother, James H. D'Bell, deceased, but that the widow of said William D'Bell, scn. and mother of said decedent, is entitled to a life estate in the same, and that a sale thereof is necessary for the pay. ment of debts due-by said decedent; and that he, previous to his death, by a nuncupative will, directed a sale thereof, and directed that the proceeds be applied to the payment of his debts; and that said will was never recorded, because the same, so far as related to real estate, was void: Wherefore, Be it enacted by the General Assembly of the Common- Fleming cirwealth of Kentucky, That it shall and may be lawful for cuit court may the widow (who is administratrix) and heirs of said decree the sale & conveyance William D'Bell, deceased, (the infant heirs by their of land." mother,) to file their petition in the Fleming circuit court, showing the situation of said estate, to which said decedent was entitled to receive of his father's and brother's estate as aforesaid, and of the necessity there is of a sale of the said estate for the payment of debts; which said petition shall be sworn to, and if it 1829. shall appear to the satisfaction of said court, that a sale thereof is necessary for the payment of debts, or that it will conduce to the interest of said heirs, to decree a sale thereof, upon such credit as to said court may seem proper, and to appoint a commissioner with full power to convey the title to the purchaser, and to render such other decree as may be required to carry this act into effect. [Approved, January 29, 1829.] Preamble. of Bourbon & Harrison to CHAP. 152. An ACT to ascertain the true boundary line between the counties of Bourbon and Harrison. WHEREAS by an act approved January, eighteen hundred and ten, it was provided that the surveyors of the counties of Bourbon and Harrison, should run and designate the dividing line between the two counties; and whereas the surveyors proceeded under said act, but differed in the result from a difference of opinion as to allowing, or not, the variation of the needle, by reason of which, difficulties are likely to arise with those who have settled and are settling about the line: For remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That on the first Thursday The surveyors in May next, or as soon thereafter as may be convenient, the surveyors of Bourbon and Harrison counties, atrun said line. tended by a sufficient number of chain carriers, shall meet at the court-house of Bourbon county, and proceed to ascertain the point eight miles due north of said court-house, running according to the true meridian as now directed by law, and then proceed to run the line to the mouth of Townsend, and from the same point to the Nicholas line, as the law now directs; and their report shall be returned to, and recorded by the court of each county, as the true line. The said surveyors shall also cause stone corners to be fixed, if necessary, and the expense thereof, as well as that of surveying and carrying the chain, shall be paid in equal portions out of the levy of each county, to be levied at their next court of claims, respectively, if there be not a sufficient depositum in the hands of the sheriff, which may well be appropriated for that purpose. Their duty. Sec. 2. Be it further enacted, That in ascertaining The variation the variation, the said surveyors shall be governed by of the compass the variation ascertained in the late survey of the State line west of the Tennessee river, and the Secretary of to be ascer ined. State shall furnish a certificate of said variation for 1829. that purpose, whenever applied to. [Approved, January 29, 1829.] CHAP. 153-An ACT to amend the law in relation to Veniremen. by order of SEC. 1. BE it enacted by the General Assembly of the Venire facias Commonwealth of Kentucky, That no venire facias shall not to issue but hereafter issue in any criminal prosecution, until after the court. the indictment shall have been found by the grand jury, and not then, unless specially directed by the court in which such indictment shall be depending; but in all cases of criminal prosecution, a venire may be made of the qualified bystanders, as in civil cases, if a competent number can be had. Sec. 2. Be it further enacted, That hereafter no ve- Venire men not rireman shall be entitled to receive compensation, as unless sworn in to receive pay such, unless he shall have been sworn in chief upon chief. the trial. [Approved, January 29, 1829.] CHAP. 154. An ACT for the benefit of Jereboam Beauchamp. Sec. 1. BE it enacted by the General Assembly of the Former act reCommonwealth of Kentucky, That so much of an act pealed. "entitled, an act more effectually to secure the naviga tion of the Beech and Rolling forks of Salt river," approved January thirteenth, eighteen hundred and seventeen, as prohibited Jereboam Beauchamp from building a milldam across the Rolling fork of Salt river, on the big falls of said river, at the Horseshoe bend, agreeably to an order of the county court of Washington county, be, and the same is hereby repealed. build a milldam across the Sec. 2. Be it further enacted, That it shall and may Beauchamp be lawful for the said Jereboam Beauchamp, his heirs authorized to or assigns, to build a milldam across the Rolling fork of Salt river, on the big falls, at the Horseshoe bend, in Rolling fork, Washington county; which dam shall not exceed three feet in height, on the highest part of the rock, in order to build a water, grist and saw mill, and such other water works as be or they may see cause to erect. Sec. 3. The power to declare said river navigable Power reservej hereafter, is reserved to the General Assembly, if it to the Legislax should appear that the navigation would be of more public benefit than the mills and other water works ture. '1829. hereby authorised to be built, or which may hereafter be built on said river above said falls; and the General Assembly may cause the said milldam to be pulled down and removed, or abated, as a nuisance, in such manner and at such time as may be deemed expedient. [Approved, January 29, 1829.] held for the use ground. CHAP. 155.-An ACT for the benefit of the Methodist Episcopał BE it enacted by the General Assembly of the ComTrustees of a monwealth of Kentucky, That John D. Lock, Samuel lot of ground Hinkle, John Shrader, Reuben Ross and Aaron Wilof the preacher hoit, trustees, in whom the legal title to a certain lot authorized to of ground and dwelling thereon, in the town of Floydssell the same & burg and county of Oldham, is now vested, for the use purchase ano- and benefit of the Methodist Episcopal preachers, who ther piece of are now or may be hereafter sent by their annual conference to preach on the Jefferson circuit, be, and they are hereby authorized to sell and convey the said house and lot, and apply the proceeds of said sale to the purchase (in their names as trustees) of another lot of ground, in some more suitable or central part of the circuit aforesaid, and to the building a convenient house thereon for the accommodation of the preachers aforesaid. Approved, January 29, 1829.] CHAP. 156-An ACT to authorise Elisha Cowgill and Samuel Cracraft to receive from the executors of David Thomas, deceased, a bequest for the benefit of the Shannon Meeting House. WHEREAS David Thomas, deceased, by his last will and testament, devised one hundred dollars for the benefit of the Shannon meeting-house, in the county of Ma-. son, but no person was appointed by the will of said Thomas to receive the said bequest, for the use aforesaid; and doubts are entertained whether the executors can legally carry into effect the benevolent intentions of their testator, without some person or persons being authorised by law to receive the same: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Elisha Cowgill and Samuel Cracraft be, and they are hereby constituted trustees for the Methodist society, by whom the said meeting-house was built, for the purpose of receiving sai bequest, and applying the same for the use of said society; and the executors of said David Thomas, are hereby empowered to pay the said sum of one hundred dollars to said trustees: Provided, the conditions of the bequest shall have been complied with: And provided, the said trustees shall execute bond and security to the executors, if required, to refund, if necessary, for the payment of any debts, which may be due from the testator, and to indemnify them against the demands of any person who may set up claim to the said one hundred dollars. [Approved, January 29, 1829 1 1829. CHAP. 157.-An ACT for the benefit of James Crawford. WHEREAS John Chambers, the attorney for the Com- Preamble. monwealth for the first judicial district, resigned his office in June last, and the judge of said district appointed James Crawford, Esquire, to prosecute for the Commonwealth until an appointment could be made by the Governor, which appointment was made on the day of and the said Crawford has asked for compensation during the time he prosecuted without a commission, which is reasonable to this extent, that he shall be paid at the rate of three hundred dollars per annum: For remedy whereof, Be it enacted by the General Assembly of the Com- Allowed pay monwealth of Kentucky, That the Auditor of public ac- for his services counts shall issue his warrant on the public treasury, the Commonas attorney for in favor of the said James Crawford, for the sum of wealth, fifty dollars; which warrant the Treasurer is hereby directed to pay in Commonwealth's paper, out of any money in the treasury not otherwise appropriated. [Approved, January 29, 1829.] CHAP. 158.-An ACT to authorise the trustees of the Liberty BE it enacted by the General Assembly of the Common• wealth of Kentucky, That the trustees of the liberty seminary, in the county of Casey, be, and they are hereby authorised (a majority concurring,) to sell and convey any part or the whole of their donation lands, for the benefit of said seminary. [Approved, January 29, 1829.] |