his trial; or the Court may allow the same to be amended, or a new indictment found, by a Grand Jury of Green county. Approved February 1, 1845.

1845

CHAPTER 135.

AN ACT for the benefit of Fanny Beal and Susannah McGary.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the name of Fanny Beal be changed to that of Fanny Gore; and that the name of Susannah McGary be changed to that of Susannah Taul, they having been divorced.

Approved February 1, 1845.

CHAPTER 136.

AN ACT divorcing Charles S. Graham.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Charles S. Graham be, and he is hereby, divorced from his wife, Mary M. Graham, she having been divorced by a decree of the Bath Circuit Court.

Approved February 1, 1845.

CHAPTER 137.

AN ACT for the benefit of the widow and heirs of Morris Tudor, deceased.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Judge of the Madison Circuit Court be, and he is hereby, authorized to decree a sale of the tract of about one hundred and forty one acres of land, in Madison county, Kentucky, of which Morris Tudor died possessed, or so much thereof as will pay the debts of the estate of the said Morris Tudor, deceased, in lieu of the slaves belonging to said estate, upon such terms as he may think proper, upon the petition of the widow and heirs of said Tudor, or the administrator of said estate, praying the same: Provided, The said widow and heirs, or some one for them, shall enter into bond, in the Clerk's office of said Court, in a penalty to be fixed, and security to be approved by the Court, conditioned to appropriate the proceeds of said sale to the payment of the debts against the estate of said Morris Tudor, deceased.

Approved February 1, 1845.

1845

names.

powers.

Trustees

CHAPTER 138.

AN ACT to incorporate the Trustees of the Sharon Presbyterian Church, in
Bracken county.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John Fee, James Fee, Nicholas Taliaferro, John Mannen, and David Brooks, Sr., and their successors in office, be, and they are hereby, created a body Corporate corporate and politic, by the name and style of the Trustees of the Sharon Presbyterian Church, in Bracken county; and by that name to have perpetual succession, with all the powers incident to corporations, for the purposes of suing and being sued, pleading and being impleaded, so far as may be necessary to protect the rights, titles, property, privileges, possessions, and immunities, of said Church, which now does, or may hereafter belong to the same.

how filled.

SEC. 2. That whenever vacancies may occur with said TrusVacancies tees it shall be lawful for them to be filled, pursuant to the discipline and rules of said Church: the right is hereby reserved to the Legislature to alter, amend, or repeal, this act at pleasure.

Approved February 1, 1845.

CHAPTER 139.

AN ACT authorizing the County Court of Daviess to lease a portion of the
Public Square in the town of Owensboro'.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Daviess county shall have power and authority to lease, for any term of time which the said Court may deem proper, to a suitable committee, a portion of the public square, in the town of Owensboro', to be laid off and set apart for the erection of a Methodist Episcopal Church and Masonic Hall, on the south west corner of said public square, opposite to the Wallace House, to-wit: sixty feet long and forty feet wide: that said County Court shall take suitable bond and security from the lessees of said ground. Approved February 1, 1845.

be

Garrard.

CHAPTER 140.

AN ACT granting a change of venue to Henry Huffman.

SEC. 1. Be it enacted by the General Assembly of the ComMay elect to monwealth of Kentucky, That, upon the calling of the indicttried in ment now pending in the Anderson Circuit Court, against Henry Huffman, for the murder of Felix McDonald, it shall be lawful for said Huffman to elect to be tried in the county of Garrard; and upon making said election, it shall be the duty of the Judge of the Anderson Circuit Court to cause the elec

tion of said Huffman to be entered on the record of the An-
derson Circuit Court; and, thereupon, it shall be the duty of
the Clerk of the Anderson Circuit Court, to transmit to the
Clerk of the Garrard Circuit Court, all papers connected with
said prosecution, with a copy of all the orders of the Court
made in relation thereto.

1845

Papers to be transmitted.

Jurisdiction

given to Garrard

Court.

Circuit

SEC. 2. That in case the said Huffman shall elect to be tried in the county of Garrard, then the Garrard Circuit Court shall have power and jurisdiction to try said Huffman for the of fence with which he now stands charged, as fully as if said offence had been committed in the county of Garrard; and shall have power to cause the said indictment to be filed, to issue process to compel the attendance of witnesses, and to exercise all the powers given to Circuit Courts in relation to criminal trials, as fully as if the said Court had original jurisdiction of the cause; and in case the indictment should be quashed on account of any irregularity, or other defect, then the Garrard ment may be Circuit Court shall have power to empannel a Grand Jury for found in Garthe purpose of finding a new indictment; and the said Ander- rard. son Circuit Court shall recognize the witnesses on behalf of the Commonwealth, if said election shall be made, for the ap- to be recogniz pearance of said witnesses in the Garrard Circuit Court; and ed. for that purpose, subpoenas shall be issued, and other necessary process, to compel the attendance of such witnesses before the said Anderson Circuit Court.

New indict

Witnesses

AN ACT for the benefit of Fayette Posey, of the county of Henderson.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That Fayette Posey, of the county of Hender-
son, be, and he is hereby, authorized to bring back to this State,
the following named slaves, to-wit: Jacob, Ezekiel, Harry,
Toney, Ned, Lewis, Anderson, Nicholas, Lewis, Jr., Billy, Ed-
mund, Jack, Lucy, Susan, Sally, Poliy, Milly, Lucy, Betsy, Ad-
eline, Mary, Fanny, Maria, James, and an infant child of the
before named Lucy, without incurring any penalty now im-
posed, by law, on individuals or persons importing slaves into
this State: Provided, The said Posey shall, within thirty
days after he shall bring said slaves into this State, go before
some Justice of the Peace of Henderson county, and make
oath that he has brought said negroes into this State for his own
use, and not for speculation or merchandise; a certificate of
said oath, together with a list of said slaves, their names and
ages, shall be returned to the Clerk's office of the Henderson
County Court, there to be recorded, within ten days after said
oath shall be taken.

Approved February 1, 1845,

1845

CHAPTER 147.

AN ACT for the benefit of John W. Whitaker, Collector of fines in the 21st
Regiment of Kentucky Militia.

WHEREAS, It is represented to the present General Assembly, that a motion is now pending in the Pendleton County Court against the said Whitaker for failing to settle with, and pay over to, the Paymaster of said Regiment, a list of fines put into his hands for collection; and that said Whitaker has made himself liable for the whole amount of said list, in consequence of his failure to return the delinquents, on said list, at the proper time and get credit therefor-for remedy whereof, and for the releasing of said Whitaker from the payment of such of said fines as could not be collected,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful, and the commandant of said Regiment is hereby required, to convene a special Court of Assessment on the first Monday in April next; whose duty it shall be, when so convened, to receive and allow such delinquents, on said list, put into the hands of said Collector, as were allowable at the time said list should have been returned; and the said Whitaker shall be allowed a credit therefor on the list put into his hands, for collection, as aforesaid. Approved February 5, 1845.

CHAPTER 148.

AN ACT to amend an act, entitled, an act to incorporate the town of Smithland, and for other purposes, approved March 8, 1843.

SEC. 1. Be it enacted by the General Assembly of the ComDividing line monwealth of Kentucky, That the dividing line between between wards wards Nos. 1 and 2, of said town, be so changed as to begin on Water street, at the centre of Main street, instead of at the upper corner thereof, as prescribed in the second section of said act, and run thence along the middle of said Main street to the back line of said town.

But

elected.

one

SEC. 2. That, from and after the first Monday in May, 1845, it shall not be lawful for the separate Board of Trustees for Marshal to be each of said wards to appoint a Marshal for their respective elected: how wards, as prescribed in the fourth section of said act; but, instead thereof, there shall be one Marshal for the whole of said town; which Marshal shall be annually elected by the same voters, at the same times and places, and in the same manner as the Chairman of the joint Board of Trustees is now required, by law, to be elected.

bond.

SEC. 3. That the joint Board of Trustees shall take bond Marshal's from said Marshal, when elected, with sufficient security and adequate penalty, payable to said Board, and their successors in office, conditioned for the faithful discharge of his duties; May be sued upon which bond, when taken, the said Marshal, and his secu

thereon.

rity or securities, shall be liable to judgment in the Livingston
Circuit Court, in favor of the joint Board of Trustees, the
Boards of Trustees for the respective wards, or any person
entitled to the money collected by him, in the same manner
that Sheriffs are liable: and the said Marshal shall be required,
before entering upon the duties of his office, to take an oath oath.
before some Justice of the Peace of his county, that he will
faithfully perform the duties appertaining to the office, to the
best of his ability, according to law; and shall, also, be re-
quired to reside within the limits of said town during his con-
tinuance in office; and in case the said office of Marshal shall,
at any time, be vacated by death, resignation, removal, or oth-
wise, it shall and may be lawful for the joint Board of Trus-
tees to appoint a fit and suitable person to fill such vacancy,
who shall continue in office until the ensuing annual election,
and until his successor is duly elected and qualified.

1845

Marshal's

To reside in

town.

Vacancy in office: how fill

ed.

Taverns,

&c. to be li

censed Trustees.

by

Am't to be

whom.

to

SEC. 4. That no tavern, exchange, or coffee house, shall be kept within said town, unless the proprietor or master or keep er thereof, shall first obtain a license therefor from the Board of Trustees for that ward of said town in which said tavern, exchange, or coffee house, shall or may be respectively situated, and shall pay to said Board of Trustees the sum of fifty dollars per annum, ten dollars of which sum shall be paid paid for liover, by the Treasurer of said Board, to the Clerk of the Liv- cense: ingston County Court, to be by him accounted for as other State revenue; and shall, moreover, make oath before the Police Judge of said town, that he will not give or sell any ardent spirits to slaves, without the written permit of the respective masters of such slaves; which license, so obtained, shall extend to, and be in force, one year from the date thereof, and no longer; and shall be signed by the Chairman of the Board, and attested by the Clerk.

SEC. 5. That so much of the sixth section of said act as authorizes the said Board of Trustees, for each ward of said town, to tax taverns, exchange, or coffee houses, in said town, not less than one hundred dollars, be, and the same is hereby, repealed.

Approved February 5, 1845.

ern

&c.

on

Oath of tavkeepers,

Tax of $100 taverns,

&c., repealed.

CHAPTER 149.

AN ACT providing a change of venue to Tarlton Boren.

WHEREAS, Tarlton Boren stands indicted, in the Warren Circuit Court, for felony, and owing to the prejudice against him in Warren county, it is believed he cannot have a fair trial in the Warren Circuit Court, and he desires and has applied for a change of venue-therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the said