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(should he be admitted to bail,) then the said Bourbon Circuit Court shall have as full power and jurisdiction to hear and determine the aforesaid indictments, or any one of them, as though the same had been found originally in said Court, and the offence charged in each indictment had been there committed; as also to require the attendance of witnesses, and to renew their recognizances, and to do any and all other things requisite to insure a fair, impartial and speedy trial on said indictments, or any one of them: and it shall be the duty of the Judge of the Fayette Circuit Court to recognize the witnesses, as well on the part of the Commonwealth as the said Fairbank, (if they or any of them shall be in Court,) to appear in the Bourbon Circuit Court to give evidence in said prosecution or prosecutions; and the said Bourbon Circuit Court shall proceed, upon all such recognizances, in the same manner as if entered into in that Court.

SEC. 4. It shall be the duty of the Clerk of the Fayette Circuit Court, upon the election of said Fairbank being made, as herein provided, to transmit to the Clerk of the Bourbon Circuit Court the indictments and recognizances and other papers, with a transcript of all orders and entries which shall have been made in each of said cases, and shall take a receipt from the Clerk of the Bourbon Circuit Court, therefor. Approved February 10, 1845.

1845

CHAPTER 225.

AN ACT for the benefit of the widow and heirs of Abraham Wells, deceased, of Whitley county.

WHEREAS, It is represented to the present General Assembly of the Commonwealth of Kentucky, that one Abraham. Wells, of the county of Whitley, and State aforesaid, departed this life on the 11th day of August, 1840, having first duly made and published his last will and testament, leaving a widow and six children, all of whom are infants under twenty one years of age except two; that the said testator, Abraham Wells, left his widow, Mary C. Wells, his executrix, in said will; that the said Abraham Wells, at the time of his death, was considerably in debt, and for the purpose of enabling his said executrix to pay off and discharge his said debts, he, the said testator, devised a certain tract of land, then owned by him, and as he suppposed unincumbered, to be sold by his executrix. aforesaid, to pay off and discharge the debts owing by the testator at the time of his death; but since the death of said testator, the title to said tract of land, so devised to be sold as before stated, has become disputed, and suit brought to recover the same from the heirs of said testator, by reason whereof the said Mary C. Wells, executrix as aforesaid, has been prevented from selling said tract of land as directed by the said testator in his said will; that the said Mary C. Wells, executrix as afore

1845

authorized.

said, for the purpose of paying off said debts of the testator, did, on the 13th day of August, 1844, together with the heirs at law of the testator, that had arrived at the age of twenty one years, sell to one Nathan Lawson, two other small tracts of land, supposed to contain about 180 acres, owned by said testator at the time of his death, and executed their bond to said Lawson to convey said land to him by deed so soon as they could be vested with power to do so, for the purpose of paying off the debts of said testator-therefore,

SEC. 1. Be it enacted by the General Assembly of the ComA sale of land monwealth of Kentucky, That it shall be lawful for said executrix, together with the heirs at law and devisees of the said Abraham Wells, deceased, to apply to the Judge of the Whitley Circuit Court, by petition in writing, praying the Judge of said Court to decree a sale of the land set forth in the bond to said Nathan Lawson, if it shall appear to said Court that it is necessary to sell said land to pay off and discharge the debts. owing by said testator at the time of his death.

SEC. 2. That for the purpose of enabling the Judge of the said Whitley Circuit Court to determine whether it be necessary to sell said land, for the purpose aforesaid, it shall be lawful for the Judge of said Court to take the oral testimony of witnesses, in open Court, or direct the evidence to be taken in writing.

SEC. 3. That if, upon the hearing of the cause, the Judge of said Court shall be of opinion the prayer of the petitioners ought to be granted, and the land sold, it shall be the duty of the Judge of said Court, by a decree in said case, to appoint a Commissioner in chancery, whose duty it shall be to sell the land in the decree set forth, or so much thereof as may be necessary to pay off and discharge the debts of said testator, by him owing at the time of his death, upon such credit as said Court shall deem reasonable, taking into consideration the situation of said estate, and the interest of the heirs and devisees of said testator.

SEC. 4. That the residue of the money arising from the sale of said tracts of land, if any, after the payment of the debts of the said testator, shall be held by the executrix mentioned in said will, for the use and benefit of the heirs and devisees of the testator, Abraham Wells.

SEC. 5. That if the Judge of the Whitley Circuit Court shall be of opinion, upon the hearing of the whole case, that the sale of the said tracts of land in the petition and bond mentioned, and set forth by the said Mary C. Wells, the executrix, and the adult heirs of the said Abraham Wells to the said Nathan Lawson, if carried into effect, will result advan- tageously to said estate, the Judge of the said Whitley Circuit Court is hereby invested with full power to appoint a Commissioner in chancery, to convey the land mentioned and set forth in the bond, to said Nathan Lawson, by deed, upon the proof that the whole of the purchase money has been paid; which

(should he be admitted to bail,) then the said Bourbon Circuit Court shall have as full power and jurisdiction to hear and determine the aforesaid indictments, or any one of them, as though the same had been found originally in said Court, and the offence charged in each indictment had been there committed; as also to require the attendance of witnesses, and to renew their recognizances, and to do any and all other things requisite to insure a fair, impartial and speedy trial on said indictments, or any one of them: and it shall be the duty of the Judge of the Fayette Circuit Court to recognize the witnesses, as well on the part of the Commonwealth as the said Fairbank, (if they or any of them shall be in Court,) to appear in the Bourbon Circuit Court to give evidence in said prosecution or prosecutions; and the said Bourbon Circuit Court shall proceed, upon all such recognizances, in the same manner as if entered into in that Court.

SEC. 4. It shall be the duty of the Clerk of the Fayette Circuit Court, upon the election of said Fairbank being made, as herein provided, to transmit to the Clerk of the Bourbon Circuit Court the indictments and recognizances and other papers, with a transcript of all orders and entries which shall have been made in each of said cases, and shall take a receipt from the Clerk of the Bourbon Circuit Court, therefor. Approved February 10, 1845.

1845

CHAPTER 225.

AN ACT for the benefit of the widow and heirs of Abraham Wells, deceased, of Whitley county.

WHEREAS, It is represented to the present General Assembly of the Commonwealth of Kentucky, that one Abraham Wells, of the county of Whitley, and State aforesaid, departed this life on the 11th day of August, 1840, having first duly made and published his last will and testament, leaving a widow and six children, all of whom are infants under twenty one years of age except two; that the said testator, Abraham Wells, left his widow, Mary C. Wells, his executrix, in said will; that the said Abraham Wells, at the time of his death, was considerably in debt, and for the purpose of enabling his said executrix to pay off and discharge his said debts, he, the said testator, devised a certain tract of land, then owned by him, and as he suppposed unincumbered, to be sold by his executrix aforesaid, to pay off and discharge the debts owing by the testator at the time of his death; but since the death of said testator, the title to said tract of land, so devised to be sold as before stated, has become disputed, and suit brought to recover the same from the heirs of said testator, by reason whereof the said Mary C. Wells, executrix as aforesaid, has been prevented from selling said tract of land as directed by the said testator in his said will; that the said Mary C. Wells, executrix as afore

1845

authorized.

said, for the purpose of paying off said debts of the testator, did, on the 13th day of August, 1844, together with the heirs at law of the testator, that had arrived at the age of twenty one years, sell to one Nathan Lawson, two other small tracts of land, supposed to contain about 180 acres, owned by said testator at the time of his death, and executed their bond to said Lawson to convey said land to him by deed so soon as they could be vested with power to do so, for the purpose of paying off the debts of said testator-therefore,

SEC. 1. Be it enacted by the General Assembly of the ComA sale of land monwealth of Kentucky, That it shall be lawful for said executrix, together with the heirs at law and devisees of the said Abraham Wells, deceased, to apply to the Judge of the Whitley Circuit Court, by petition in writing, praying the Judge of said Court to decree a sale of the land set forth in the bond to said Nathan Lawson, if it shall appear to said Court that it is necessary to sell said land to pay off and discharge the debts owing by said testator at the time of his death.

SEC. 2. That for the purpose of enabling the Judge of the said Whitley Circuit Court to determine whether it be necessary to sell said land, for the purpose aforesaid, it shall be lawful for the Judge of said Court to take the oral testimony of witnesses, in open Court, or direct the evidence to be taken in writing.

SEC. 3. That if, upon the hearing of the cause, the Judge of said Court shall be of opinion the prayer of the petitioners ought to be granted, and the land sold, it shall be the duty of the Judge of said Court, by a decree in said case, to appoint a Commissioner in chancery, whose duty it shall be to sell the land in the decree set forth, or so much thereof as may be necessary to pay off and discharge the debts of said testator, by him owing at the time of his death, upon such credit as said Court shall deem reasonable, taking into consideration the situation of said estate, and the interest of the heirs and devisees of said testator.

SEC. 4. That the residue of the money arising from the sale of said tracts of land, if any, after the payment of the debts of the said testator, shall be held by the executrix mentioned in said will, for the use and benefit of the heirs and devisees of the testator, Abraham Wells.

SEC. 5. That if the Judge of the Whitley Circuit Court shall be of opinion, upon the hearing of the whole case, that the sale of the said tracts of land in the petition and bond mentioned, and set forth by the said Mary C. Wells, the executrix, and the adult heirs of the said Abraham Wells to the said Nathan Lawson, if carried into effect, will result advan- tageously to said estate, the Judge of the said Whitley Circuit Court is hereby invested with full power to appoint a Commissioner in chancery, to convey the land mentioned and set forth in the bond, to said Nathan Lawson, by deed, upon the proof that the whole of the purchase money has been paid; which

deed, when made by said Commissioner, shall vest in said Nathan Lawson all the right and title which the said Abraham Wells had in and to said tracts of land at the time of his death; which deed, when made, shall be certified by the Whitley Circuit Court to the Clerk of the Whitley County Court for record. Approved February 10, 1845.

1845

CHAPTER 227..

AN ACT to repeal the 10th section of an act, entitled, an act to revive the act incorporating the Union White Sulphur Springs Company, approved 11th February, 1836.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the 10th section of the act, entitled, "an act to revive the act incorporating the Union White Sulphur Springs Company, approved 11th February, 1836," passed at the present session, be, and the same is hereby, repealed. Approved February 10, 1845.

CHAPTER 229.

AN ACT for the benefit of Daniel P. White, and the heirs of John Y. Taylor, deceased, and Pleasant H. Williams.

May file bill.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Daniel P. White and Nancy F. White his wife, late Nancy F. Clark, to file their bill in chancery in the Clinton Circuit Court, making John Y. Taylor and Alice G. Taylor, infant children and heirs at law of John Y. Taylor and Elizabeth S. S. Taylor his wife, late Elizabeth S. S. Clark, deceased, and Pleasant H. Williams, parties thereto; and the said Daniel P. White and wife shall set out, in said bill, that James Clark devised to the said Nancy and Elizabeth Clark, his daughters and only children, among other things, a tract of land lying in Clinton county, containing about 300 acres, more or less; and that he and said John Y. Taylor, in his life time and during the life time of his said wife, sold to the said Pleasant H. Williams said tract of land, before the said John Y. Taylor, and his wife Elizabeth S. S. Taylor, and the said Nancy F. White arrived to the age of twenty one years, and executed their bond to the said Pleasant H. Williams to convey said tract of land, by deed, on the payment of the purchase money, if it be so; and, also, that the purchase money has been paid for said land, and whatever else may be necessary to enable the Court to understand the character and nature of the transaction, and condition of the parties; which bill shall be verified by the oath of the said Daniel P. White; and when the said infant heirs shall be legally and properly before the Court, by them ties, selves and their guardian ad litem, and the said Pleasant H.

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