CHAP. CCXC. AN ACT legalizing the proceedings of the county court of Hopkins at their February and April terms. APPROVED, January 17, 1816. WHEREAS, during the last session of the legis lature, the terms of the county court of Hopkins were changed, and said county court at their February and April terms, by mistake, and being uninformed of the said alteration, held their aforesaid terms, on a day different from the time appointed by law: Wherefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the proceedings of the said county court, at their said February and April terms, are hereby legalized in as full and ample manner, as if the said terms had been held at the times specified by law. CHAP. CCXCI. AN ACT for the relief of Samuel Searcy, and the heirs of Charles Searcy, deceased. (Passed January 24, 1816, pursuant to the provisions of the constitution, the Governor's objections notwithstanding.) SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William M. Chord be, and he is hereby authorized and required, to convey by deed with special warranty to Samuel Searcy, all the right, title and interest, of the infant heirs, jointly with the adult heirs of Charles Searcy, deceased, in and to, a tract of land not exceeding eight acres, which was exchanged by said Charles Searcy, in his life time, with the said Samuel, and which has ever since been in his possession: Provided, That the said Samuel Searcy. shall at the same time, convey by a like deed, to the heirs of the said Charles Searcy, deceased, the E tract of land, which he agreed to give to the said Charles in the exchange aforesaid, and which has ever since the said exchange, been in the possession of the said Charles Searcy, or his legal representatives. Recital. Commissioners and convey lands. CHAP. CCXCII. AN ACT for the benefit of the wife and family of APPROVED, January 29, 1816. WHEREAS, application is made by Polly Graves, wife of the late major Benjamin Graves, that her husband entered the service of the United States in* the year one thousand eight hundred and twelve, & was wounded in the battle at the river Raisin, and as she believes, is yet a prisoner with the savages; that before be left home, he made a will, by which he directed a tract of land, or so much thereof, as should be found necessary to pay his debts, to be sold: that a doubt still remaining whether he is not yet living, it has been thought improper by his wife and relatives, to have the will proven; without which the executors therein named, do not conceive themselves authorized to act, so as to make the sale and pay the debts, which cannot be discharged without a great sacrifice of the personal estate : For remedy whereof, SEC. 1. Be it enacted by the General Assembly of suthorized to sell the Commonwealth of Kentucky, That Polly Graves, John Graves and James Dudley, or a majority of them, be, and they are hereby authorized to sell and convey, so much of the land, directed by the said major Benjamin Graves, by his will, to be sold, and apply the money to the payment of the debts due from the said major Benjamin Graves, as is by said will directed. Money how ap plied. to give bond. SEC. 2. Be it further enacted, That before the Commissioners commissioners proceed to act under the provisions of this aet, they shall enter into bond in the county court of Fayette, with two or more good secu rities in the penal sum of ten thousand dollars conditioned for the faithful discharge of the powers vested in them by this act: which bond may be sued on, from time to time, and a recovery had, by any person injured by a breach of the trust hereby reposed, to the amount of the damages they may have sustained thereby. CHAP. CCXCIII. · AN ACT to extend the July term of the Franklin Circuit Court, for the trial of chancery causes. APPROVED, January 29, 1816. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the court for the circuit of Franklin, shall at their July terms hereafter to be holden, sit eighteen juridical days if the business thereof shall require it. SEC. 2. Be it further enacted, That the last week of such terms, shall be appropriated exclusively to the preparation and trial of chancery causes; but nothing herein contained, shall be so construed as to preclude the courts from trying chancery causes at any other term, as heretofore. CHAP. CCXCIV. AN ACT establishing an election precinct in the county of Green. APPROVED, January 29, 1816. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all that part of Green county, within the following bounds, viz. Beginning at the mouth of Robertson's creek, running a line from thence to B. Chism's, so ag to include Robert Mays and Jesse Mills; thence a straight line to Young's mill, and up the creck to the county line; thence with the county line to the beginning, so as to include all the upper part of the county north of Green river, shall be an election precinct; and the election to be held therein, in the town of Campbellsville, at the house of Andrew Campbell. SEC. 2. Be it further enacted, That a clerk and deputy sheriff, and judges to attend elections in said precinct, shall be appointed under the same rules and regulations, and receive the same compensation as the law directs in similar laws. SEC. 3. Be it further enacted, That the sheriff attending the elections in. said precinct, shall meet the sheriff attending the elections at the court house at Greensburg, on the Friday next after each election, and there compare the polls of the several Candidates,and give certificates conformably thereto. Preamble, spn for making CHAP. CCXCV. AN ACT to prevent imposition by way of lottery, in this commonwealth. APPROVED, January 29, 1816. WHEREAS, the practice of making lotteries by private individuals without having any objects of public utility in view, has produced considerable injury to the good citizens of this commonwealth, and unless restrained, is likely to produce evils still more extensive : SEC. 1. Be it therefore enacted by the General AsFine on any per- sembly of the Commonwealth of Kentucky, That any lotteries, exposing person or persons who, without legal authority, to sale a lottery shall offer or expose to sale, any ticket or tickets ticket, or 'acting as clerk or mana to be drawn, or in any other manner determined ger without being egally authorised upon for the purpose of raising money for himself, herself or themselves, or for disposing of any property real or personal, shall be fined two thousand dollars; and the clerk or clerks, manager or managers of any lottery or lotteries in this commonwealth, shall be fined five hundred dollars each; ries. and any person or persons offering for sale any ticket or tickets to be drawn for, or otherwise determined upon, shall be fined one hundred dollars. SEC. 2. And it shall be the duty of all and eveDuty of justices of the peace in ry magistrate or magistrates in this commonwealth, relation to lette. when knowing or being informed of any wheel, machine, instrument or instruments, for the purpose of determining the tickets of any lottery or lotteries, or other gaming device, to summon as many men as he shall deem necessary, and go with them and destroy such wheel, machine, instrument or instruments; and report the company, clerk or clerks, and manager or managers thereof, to the next grand jury which may be summoned for the county. Fines how reco SEC. 3. And, be it enacted That when a presentment shall be made from the knowledge of the grand vered and appli jury only, the fine aforesaid shall be appropriated ed.. to lessening the county levy. SEC. 4. And be it enacted, That all the fines aforesaid shall be recovered by presentment of a grand jury before any court having jurisdiction thereof, to be ascertained by the verdict of a petit jury, who shall be empanneled to try said presentment; one half of which fine shall go to the informer, and the other half to the lessening the county levy. SEC. 5. Be it further enacted, That all contracts hereafter made, or bonds, notes or assurances given for any lottery ticket or tickets, which lottery is not specially authorised by law, shall be null and void, and no recovery shall be had thereon in any court of record, or before any justice of the peace in this commonwealth; provided however, that nothing in this act contained shall be construed to render valid any contract heretofore made which is illegal by the laws now in force. SEC. 6. Be it further enacted, That it shall be the duty of the circuit judges in their respective circuits, to give this act in charge to the grand jury. This act shall commence and be in force from and after the first day of April next. Contracts made the and notes and asu rances for sale of lottery tickets, void. Circuit judges to give this act in charge to grand juries. Commencing lause. |