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on the south side, and that no inconvenience can arise by extending said lot appropriated as aforesaid: Therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said lot, appropri ated as aforesaid, may be extended fifteen feet along the west end of said lot, including the alley on that end, and that said lot be extended twenty-five feet along the south side of said lot, including the alley and ten feet of the Seminary lot.

Sec. 2. Be it further enacted, That the trustees of said town shall, on or before the first day of September pext, designate by corner stones, well fastened in the ground, the boundary of the aforesaid lot, as extended by the provisions of this act; and that the said trustees. contract with some suitable person, for the execution of the work aforesaid, the cost thereof to be paid out of the money arising from the town tax.

[Approved, December 31, 1828.

1828.

CHAP. 20.-An ACT for the benefit of Absalom Graves..

BE it enacted by the General Assembly of the Com- May erect monwealth of Kentucky, That Absalom Graves, of the gates across county of Boone, be and he is hereby authorised to mill roads. erect two gates on his own land, in said county, across the public road leading from Towsey Town to Bullittsburg meeting-house: Provided, that the county court of Boone county, shall have power to order said gates to be pulled down, if, at any time, said Graves shall fail to keep good gates, and in good order.

Approved, December 31, 1828.]

CHAP. 21.-An ACT for the benefit of the widow and heirs of
Richardson P. Hughes, deceased.

WHEREAS it is represented to the General Assembly, Preamble. that Richardson P. Hughes has departed this life, leaving his estate considerably indebted, and that the personal estate of said decedent is insufficient to pay his debts, without a sale of the slaves belonging to said estate, and that it would be more to the benefit of the widow and infant children of said decedent, to sell two tracts of land belonging to said heirs, in the county of Allen, on Big Barren River,ontaining one bun

1823.

dred and fifty acres each, and apply the proceeds to the payment of the debts of said decedent: Therefore, Be it enacted by the General Assembly of the Com Allen circuit monwealth of Kentucky, That it shall be lawful for Absalom Hughes, administrator, and Elizabeth Hughes, ized to decree a sale and con- administratrix of the estate of the said Richardson P. veyance of a Hughes, deceased, together with the guardian or guartract of land. dians of the infant heirs of said Hughes, to apply to

court author

the circuit court of Allen county, by bill in chancery or petition, setting forth the grounds upon which they desire the sale of said lands; and if it shall seem to said court, upon a full view of the situation and condition of said estate, that it will be to the interest of the widow and heirs of said decedent to sell said lands, the said court shall have full power to make a decree or order, directing the sale of said lands, upon such credit as they may deem most to the interest of said estate, taking from the said administrator and administratrix, bond with good security, to collect and account for the proceeds of said lands, as though the same was regularly assets in their hands; which bond shall be made payable to the Commonwealth, and conditioned as other bonds of executors and administrators are, and upon which suit may be brought for any defalcacation thereof, as in like cases: Provided, however, that if there shall be any surplus, after paying the debts of the decedent, of the proceeds of said tracts of land, that such surplus shall pass and descend to the heirs at law of the decedent, in the same manner as lands descend by the laws of this Commonwealth.

[Approved, December 31, 1820]

CHAP. 22.-An ACT authorizing the Trustees of the Harrodsburg Seminary to sell all, or part of the lands belonging to said Seminary.

SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Trustees of the Harrodsburg Seminary, to sell all or such part of the lands belonging to said Seminary, as they may deem necessary, for the benefit of said institution, and the moneys arising therefrom, apply to the payment of their debts, and such other purposes as said Trustees may deem necessary, for the benefit of said institution: Provided, however, that no sale or sales shall be made, unless two thirds of all the Trustees shall, by an order of their board, direct the sale thereof,

Sec. 2. Be it further enacted, That when any sale shall be made by virtue of this act, it shall be the duty of the said Trustees to cause a report thereof to be made out and recorded in the book or books of said Trustees, specifying therein the number of acres sold, and to whom, and at what price.

[Approved, December 31, 1828.]

1828.

CHAP. 23.-An ACT to amend the law respecting Sheriffs.

BE it enacted by the General Assembly of the Common- Sheriffs when wealth of Kentucky, That in all cases where the justices commissioned of the peace have, according to the constitution and how to qualify laws of this Commonwealth, recommended to the Gov- when a vacanernor, a proper and fit person to fill the office of Sher- cy occurs. iff, it shall be lawful for all such persons, after receiving a commission from the Governor, when any vacancy may occur by death, resignation or otherwise, by his predecessor, to apply to the county court of his county and take the oaths of office, and give such bonds as are required by law, and shall hold his said office during the time prescribed by the constitution and laws of this Commonwealth.

[Approved, January 3, 1829.]

CHAP. 24-An ACT to establish the town of Ashbysburg, in

Hopkins county.

SEC. 1. BE it enacted by the General Assembly of the The town Commonwealth of Kentucky, That the town of Ashbys- Ashbysburg established, burg, in the county of Hopkins, shall be and the same is hereby established, containing the following boundary: Beginning at two sugar trees and a small persimon bush, on the bank of Green River, running thence North 73 West, 92 poles to a stake; thence South 17 West, 92 poles to a stake; thence South 73 East, 88 poles to a stake on the bank of Green River; thence with the meanders of said River, to the beginning; and the streets and alleys, as laid out by a survey made and returned to the county court of Hopkins, shall be the streets and alleys of said town, and bear. the several names attached to them in said survey; which survey the county court of Hopkins shall cause to be recorded by their clerk, and a copy thereof posted up in his office, for the information of persons interested in said town.

1829,

Sec. 2. Be it further enacted, That all the acts of the county court of Hopkins heretofore done, preparatory Formerprocee to the establishment of said town, shall be and they dings confirm'd are hereby confirmed.

Sec. 3. Be it further enacted, That the present Trustees to trustees of the said town of Ashbysburg and their succonvey lots, & cessors in office, shall have full power and authority to to have powers convey the lots in said town to the several proprietors usually grant thereof; and the said trustees, or their successors in of fice, shall have all the powers, and be governed by all the laws regulating towns in this Commonwealth, which are general, and not made specially to apply to some particular town,

ed to Trustees of towns.

[Approved, January 3, 1829].

to draw from

CHAP. 25.-An ACT for the benefit of the present and former mAI): agers of the turnpike and wilderness road.

SEC. 1. BE it enacted by the General Assembly of the Commissioners Commonwealth of Kentucky, That the present and forkeeper of turn- mer commissioners and overseers be and are hereby aupike, any sums thorised and empowered, to draw from the keeper of the turnpike on the wilderness road, so soon as the funds shall come to his hands, any money which shall be due them for services formerly rendered as managers of said road.

due them.

settlement

with county court to be produced.

Sec. 2. Be it further enacted, That before they shall A certificate of be entitled to draw any money as aforesaid, they shall produce to the keeper of said gate, a certified copy of the settlement of their accounts with the respective county courts in which they reside, showing the balance to which they are entitled: Provided, the said accounts shall be paid in the order in which they were contracted, and out of the funds which properly belong to the sections of the road, on which the debts were contracted.

Proviso.

[Approved, January 3, 1829.

CHAP. 26.--An ACT concerning the town of Henderson.

SEC. 1. BE it enacted by the General Assembly of the Trustees to lay Commonwealth of Kentucky, That the trustees of the a tax for im- town of Henderson be, and are authorised to raise a proving the landings on sum of money not exceeding two thousand dollars, by loan or loans on the faith and pledge of the money to

river.

be raised by taxation from the citizens and property of said town, according to existing laws, for the purpose of paving their landings on the river bank of the Ohio, in front of said town, and that such loans may be redeemed out of said taxes, at such times, and in such proportions, as the said trustees in their discretion, may order and direct.

1829.

Sec. 2. And be it further enacted, That the said Increase in an trustees of the town of Henderson, hereafter be author- hual tax. ised to levy and collect, annually, in said town, according to existing laws, the sum of five hundred dollars, instead of the sum of two hundred and fifty dollars, now allowed by law.

[Approved, January 3, 1829.

CHAP. 27.--An ACT to amend an act entitled, "an act to establish a ferry on the land of James Riddle,” approved Dec. 6th, 1822.

WHEREAS by an act of the General Assembly of Preamble. Kentucky, passed December 1822, a ferry was established on the land of James Riddle, in the county of Campbell, across the Ohio River, to the opposite shore; and whereas it is represented that the said James Riddle is desirous of changing the location of said ferry: Therefore,

ry on the Ohio

Sec. 1. BE it enacted by the General Assembly of the James Riddle, Commonwealth of Kentucky, That the said James Rid- authorized to die be permitted and have leave and authority, and remove his ferthe same is hereby given him, to remove and change river. the location of said ferry, and to fix and locate the same at any point upon the Ohio River, within seventy-five poles above the place at which the said ferry is at present fixed and established: Povided, however, that Proviso. nothing in this act contained shall be so construed, as to authorise or entitle said Riddle to fix or locate said ferry upon the land of any other person or persons whatever, without his or their permission or consent. Sec. 2. Be it further enacted, That the said ferry, Ferry to he when removed, shall be subject to the like rules and re-regulations a subject to samé gulations now.in force, in relation to ferries across the before. Ohio River, in this Commonwealth, and that the said James Riddle and his heirs shall be and remain under the same liabilities and penalties, as are other owners and proprietors of ferries across said River, in this Commonwealth, so long as said ferry shall be continued. Provitded, however, that nothing in this act contained, Provizo shall be so construed as to interfere with the legal or equitable rights of others, or to add to or diminish therefrom.

[Approved, Janaury 3, 1829.

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