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1845

Court may

decree.

er shall be appointed to con

vey.

Williams, by the service of process, shall also be before said Court, it shall and may be lawful for said Court to decree a conveyance of said tract of land to be made to said Pleasant H. Williams by deed: Provided, Said Court shall be of opinion, from the evidence by proof made in Court, orally or by deposition, or affidavit, that the purchase money has been paid, and it would be to the interest and advantage of said infant heirs to decree a specific execution of the contract; and he shall have power and authority to make all necessary orders and decrees for that purpose, and to protect and secure the rights of all parties concerned.

DEC. 2. That it shall be the duty of said Court to appoint a Commission- Commissioner to convey, as well on the part of the said Daniel P. White and Nancy F. White his wife, as the said infant heirs of the said John Y. Taylor and Elizabeth S. S. Taylor, deceased, said tract of land to the said Pleasant H. Williams; which conveyance, when made and acknowledged before said Court, shall be effectual, in law and equity, to pass the title to said Williams; and shall be certified to the Clerk of the Clinton County Court for record.

Approved February 10, 1845.

names

style.

ers.

CHAPTER 230.

AN ACT to incorporate St. Paul's Protestant Episcopal Church, in Newport,
Kentucky.

SEC. 1. Be it enacted by the General Assembly of the ComCorporators monwealth of Kentucky, That Michael Jones, M. T. C. Gould, and Samuel Winston, John W. Stevenson, and James Taylor, Jr., and their successors in office, be, and are hereby, created a body corporate and politic, by the name and style of the Trustees of the St. Paul's Protestant Episcopal Church, in the town of Newport, and county of Campbell; and by that Their pow 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.

SEC. 2. Be it further enacted, That whenever vacancies May fill va may occur with said Trusteees, it shall and may be lawful for them to be filled pursuant to the discipline and rules of said

cancies.

Church.

Approved February 10, 1845.

CHAPTER 231.

AN ACT to change the place of voting in a precinct in Henderson county, and for other purposes.

1845

Henderson

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting shall be at the house of George M. Priest, in the town of Hebardsville, precinet. in Henderson county, instead of at the house of Zachariah Galloway, as heretofore.

An addi

SEC. 2. Be it further enacted, That there shall be allowed to the county of Grant an additional Justice of the Peace; and tional Justice to Grant, and after the appointment of said Justice, no further recommenda- no further aption shall be made to supply any vacancy which may occur in pointment to the magistracy of said county until the number of Justices be made. therein be reduced to twelve.

Approved February 10, 1845.

CHAPTER 232.

AN ACT for the benefit of Andrew Biggs, deputy Sheriff of Greenup county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Second Auditor of Public Accounts be, and he is hereby, required to issue a warrant on the Treasury in favor of Andrew Biggs, deputy Sheriff of Greenup county, for the sum of twenty two dollars and fifty cents, money actually expended in pursuing and apprehending, in the State of Ohio, a free man of color under a charge of kidnapping a slave.

Approved February 10, 1845.

CHAPTER 236.

AN ACT for the benefit of Nancy Adams, a lunatic.

Sale of real

ized.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Francis Snowden and William Adams, the committee appointed by the estate authorOldham Circuit Court, for Nancy Adams, a lunatic, to present their petition to the Oldham Circuit Court, praying for a sale of the dower estate of the said Nancy in tract of land of about. one hundred acres, lying in the county of Jefferson, near the Oldham county line; and, also, for the sale of twelve and one half acres of land, more or less, belonging, in fee simple, to said Nancy in the county of Oldham; and if the Judge of said Court shall be satisfied that it would promote the interest of said Nancy, he shall order a sale thereof, on such credits as he may deem proper, and appoint a Commissioner to make the same; and upon confirmation thereof, shall appoint a Commissioner to convey said land to the purchaser or purchasers thereof; and the deed made by said Commissioner, when ap

1845

invested.

proved by the Court, shall vest the title of the said Nancy Adams to the said tracts of land in the purchaser or purchasers thereof.

SEC. 2. That the proceeds of the sale of said tracts of land Proceeds of shall be paid over to the said Francis Snowden and William sale how to be Adams, committee as aforesaid, who shall, in their discretion, loan the same out at interest, for the benefit of the said Nancy, or vest the same in other land for her use and benefit, subject to the approval of the Judge of the Oldham Circuit Court; and the said Court shall have full power and authority to make all necessary orders to carry into effect the provisions of this Approved February 10, 1845.

act.

Court.

CHAPTER 237.

AN ACT for the benefit of John R. Wharton, and the heirs of William
Clements.

Be it enacted by the General Assembly of the Commonwealth May divide of Kentucky, That it shall be lawful for John R. Wharton, and tract land by the heirs of William Clements, by their guardian, to move Com'rs. appointed by Co. the Washington County Court to appoint two discreet Commissioners to divide a tract of land, containing about 80 acres, lying about one mile east of Springfield, on the Danville road, which was purchased by William Clements and William Grundy, and one half of which Wharton holds as purchaser from Grundy; and it shall be lawful for said County Court, the persons holding the legal title having due notice, to require the said tract, after a just division is made, to be conveyed to said Wharton, and the heirs of Clements, in severalty, and to have the said conveyances made by said Commissioners, if the parties holding the legal title shall not convey the same.

Approved February 10, 1845.

1

CHAPTER 238.

AN ACT for the benefit of Johnson Hailey and Randolph Hailey. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the right, title, and interest, which this Commonwealth has, or may have, in and to the amount of a note executed on the 23d day of May, 1837, by Johnson Hailey and Randolph Hailey to Henry Alderson, be, and the same is hereby released to the said Haileys; and the administrator of said Alderson is hereby directed not to coerce the payment of said note, unless required so to do by the heirs of said Alderson; and in no event shall the State be made responsible for this release.

Approved February, 10 1845.

CHAPTER 239.

AN ACT for the Benefit of Daniel Bringle, and others.

may

1845

Sergeant

make

And how.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sergeant of the General Court be, and he is hereby, authorized, under the direction of the Second General Court Auditor, or his agent, to effect a compromise, or arrangement, compromise. with the representatives of Aaron Cunningham, James Ross, or Daniel Bringle, to make safe all, or any part of, a debt, due from said James Ross, as principal, and said Aaron Cunningham and Daniel Bringle, his securities, evidenced by note or notes, executed in the purchase of property sold belonging to Edmund T. Abell, late Sheriff of Meade county: if said Sergeant can effect an arrangement, to make secure and safe a part on said debt, on time, he may execute, to such debtor, a release of his portion of the remainder of said debt: Provided, the co-securities and principal will execute a writing to the Commonwealth, that he or they who may not come into the arrangement, will not, either in law or equity, take advantage of the release executed to his principal or co-security, beyond the part so released. It shall be the duty of the Sergeant to report to the Auditor his acts touching said busi

ness.

Approved February 10, 1845.

CHAPTER 240.

AN ACT for the benefit of Samuel Hutchason.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the County Court of Green county, a majority of the Justices being present, to make an order granting to Samuel Hutchason the privilege of erecting a fish dam and trap in the north sluice of Green river, opposite to Woodward's Island, and adjoining the land of Samuel W. Robinson, in said county, under such limitations and restrictions as shall be deemed necessary by said court: Provided, that said Hutchason shall, in said court, execute bond, with approved security, payable to the Commonwealth of Kentucky, the penalty of which shall be fixed by said court, conditioned that he will remove said dam and trap within thirty days, whenever required to do so by the court, and pay any damages that may be sustained by any person or persons navigating said river, in consequence of the erection. of said dam. Approved February 10, 1845.

Fish trap

1845

CHAPTER 241.

AN ACT for the benefit of the Surveyor of Trigg county.

WHEREAS, It is represented to this General Assembly, that Kain A. McCaughan, Surveyor of Trigg county, failed to renew his bond as provided for by law, but has since executed said bond in due form-for remedy whereof,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the acts of said McCaughan, as Surveyor of said county, made after the expiration of the time prescribed by law for the renewal of his bond, and also the proceedings of the County Court in taking said bond, be, and the same are hereby, made as legal and binding as if said bond had been given within the time prescribed by law.

Approved February 10, 1845.

changed.

CHAPTER 243.

AN ACT to provide for a change of venue in the prosecution against Benjamin
E. F. Lee.

WHEREAS, It is represented to this General Assembly, that Benjamin E. F. Lee stands recognized to appear at the next term of the Nelson Circuit Court, to answer a charge of passing counterfeit money, or assisting in passing counterfeit money, and that he cannot have a fair trial in the county of Nelson, by reason of the prejudice existing in said county against the said Benjamin E. F. Lee-therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon an indictment being found Venue against the said Benjamin E. F. Lee, upon the charge for which he stands recognized as aforesaid, a change of venue is hereby granted him, for the trial of such indictment, upon the election and consent of the said Benjamin E. F. Lee, on the calling of said indictment, being entered upon the records of said Nelson Circuit Court that he prefers to be tried on said indictment in the Washington Circuit Court.

Duty Judge of Nelson Cir

cuit Court.

ton Court.

The duty.

SEC. 2. When the said Benjamin E. F. Lee shall have made his election to be tried in the Washington Circuit Court, then, and in that event, it shall be the duty of the Judge of Nelson Circuit Court to make all necessary orders, and do all things necessary, to secure the appearance and trial of the said Benjamin E. F. Lee in the Washington Circuit Court.

SEC. 3. That when the said indictment shall have been reWashing- moved from the Nelson to the Washington Circuit Court, and Circuit said Benjamin E. F. Lee committed to the jail of Washington county, or recognized to appear in the said Washington Circuit Court, then, and in that case, the said Washington Circuit Court shall have as full power and jurisdiction to hear and determine the aforesaid indictment, as though said indictment had been found in said court; as, also, to require the attendance of witnesses, and do all things requisite to insure a fair and speedy trial

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