1828.

Proviso.

veyor's office of Warren county, in the Register's office, forthwith to issue a patent for said two hundred acres of land to said Jesse Bailey, dispensing with the affidavits now required by law: Provided, that nothing herein shall be construed to affect the equitable interest of those claiming under the said Bailey.

Approved, January 7, 1828.

Preamble.

A pre-emp. tive right to enter lands west of the

Tennessee river, given to

actual settlers

thereon for 12 months.

CHAP. 22. An act to authorize the trustees of the Trigg county
Seminary to sell and convey her donation lands.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of the Trigg Seminary, are hereby authorized to sell and convey all or any part of her donation lands, any law to the contrary notwithstanding.

Approved, January 9, 1828.

CHAP. 23.-An act to regulate the sale of the land west of the
Tennessee river.

WHEREAS, it is represented to this General Assembly, that there are many meritorious citizens, who from the scarcity of a circulating medium, have not been able to avail themselves of the indulgence. granted them by the second section of an act approved January the 16th, 1827, further to regulate the sale of land west of the Tennessee river: Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall not be lawful for any person or persons, within twelve months after the passage of this act, to enter any quarter or fractional quarter section of land within the district west of the Tennessee river, which has been improved by any actual settler at least twelve months before the passage of this act, and who still resides thereon, but said settler shall have the exclusive right to enter said land for the above period of time and no longer. Approved, January 9, 1828.

CHAP. 24.-An act to alter the time of holding the Anderson
County Courts, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the
Commonwealth of Kentucky, That the Anderson Cour-

ty Court shall hereafter be held on the second Mon- 1828. day in each month.

SEC. 2. Be it further enacted, That the said County And may ap Court, a majority of all the justices thereof being point commis present, may at their January, February or March their Jan'y, terms, appoint a commissioner or commissioners of Feb'y, or the revenue. March terms.

Approved, January 12, 1828.

CHAP. 25.-An act for the benefit of John C. Rogers, Sheriff of
Ohio County.

WHEREAS, it is represented to the General Assem-
bly of the Commonwealth of Kentucky, that John C.
Rogers, sheriff of the county of Ohio, has paid into
the treasury of this State, the sum of two hundred
and twenty-seven dollars, in part of the revenue of Recital.
said county for the year one thousand eight hundred
and twenty-six, collectable in the year one thousand
eight hundred and twenty-seven, and owing to the
extent of territory in said county, and the ill health
of said Rogers, he having been confined to his room
for some considerable time during the collecting sea-
son, said Rogers has been unable to effect a collection
of the balance of the revenue of said county, being
the sum of one hundred and ten dollars, to pay which
the said Rogers asks the further indulgence of five-
months: Therefore,

ali'd to collect

SEC. 1. Be it enacted by the General Assembly of the Further timeCommonwealth of Kentucky, That the further time of of five months five months, from and after the passage of this act, and pay into be allowed the said Rogers to collect and pay into the treasury the treasury the balance of the revenue of said the balance of county.

revenue for

1827.

SEC. 2. Be it further enacted, That until the expir- Auditor not ation of said time, the Auditor of public accounts to proceed a shall not commence or prosecute any suit or motion gainst him against said sheriff for the failure aforesaid.

during that

time.

SEC. 3. Be it further enacted, That this act.shall not take effect unless the said sheriff shall procure from under the hands and seals of his securities in Conditions on the bond executed by him, for the collection of the which the provisions of revenue of said county, a writing to the following ef- this act is to fect: "Whereas an act passed the General Assembly be effectual of the Commonwealth of Kentucky, giving to John. C. Rogers the further.time of five months to collect and pay in the revenue of the county of Ohio for the D

1828.

Recital.

year 1826, collectable in 1827, approved January,
1828: Now be it known, that we, the undersigned,
securities of the said Rogers, for the collection of the
said revenue, hereby bind ourselves and our heirs,
that we will not take advantage of the passage
of said
act, and will not file any plea or take any other ad-
vantage of said act, so far as the same may be under-
stood to release us from the liability we are now un
der. Given under our hands, &c." Which said
writing shall preclude the said securities from filing
any plea in any suit or motion which may be brought
and prosecuted against said Rogers for failing to pay
over the said revenue after the lapse of the time for
which indulgence is herein granted.

SEC. 4. Be it further enacted, That the said writing shall be attested by the Clerk of the County Court of said county, and forwarded to the Auditor of public accounts, on or before the tenth day of February next; and upon the failure of the said Rogers to comply with the two last sections of this act, the same shall be of no effect, and regarded as a nulity.

Approved, January 14, 1828.

CHAP. 26. An act to legalize the proceedings of the Grant
County Court at an extra term of said Court.

WHEREAS, it is represented to the present General Assembly, that in the year 1826 an extra term of the Grant County Court was held by the justices thereof, and at said term letters of administration were granted to William Arnold and Sarah Wilson, of the es tate of Thomas Wilson, deceased, who executed bond as in other cases: and also another extra term of said court was held in the year 1827, at which letters of administration of the estate of Wesley Nations, deceased, was granted to. Jemima Nations, and that said court was induced to hold the said several extra terms, and grant the letters of administration as aforesaid, by the urgent necessity that existed for the proceedings, owing to the peculiar situation of the respective estates: And whereas doubts are entertained as to the legality of said proceedings: Therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Grant shall, at some regular terms of their court

cause summonses to issue against the principals and 1828. securities in the respective administration bonds

extra terms,

new bonds.

aforesaid, requiring them to come forward at some Administrasubsequent term of such court, to be named in the tors of certain intestates, apsummons, severally to re-acknowledge their respec- pointed by the tive bonds, and if they shall so come forward and Grant Counmake such re-acknowledgements, the court shall cause ty the same to be noted on their minutes, and if they or required to any of them shall fail, the court shall require the re- re-acknowlspective administrators aforesaid forthwith to give edge or give new bonds and security for the estates, as though such administration had never been granted, and shall require such securities to be bound as well for the past as the future acts of such administrators for whom Duty of the they are securities: and in case of the failure of such court upon administrators in each or either of the cases to give their failure such security, said court shall grånt administration to do so, &c. to any other person as though no administration had ever before been granted, and shall make such orders for the delivery over of the estate, in either of the cases, by the administrator appointed at such call term, and for settlements with them as to what has been administered, as shall be best calculated to protect creditors and all others having an interest in Such estate.

of saidCounty Court legalized upon the foregoing con

SEC. 2. Be it further enacted, That upon the re-acknowledgement by the administrators on either of the Proceedings estates, and her or their securities, as herein provided for, then the acts of said County Courts, at such extra term, at which administration in that case in which the re-acknowledgment is made was granted, shall ditions being be legalized and held as good and valid as if such complied with administration had been granted, and the other acts

in relation thereto done at a regular term of such court.

AND WHEREAS, it is believed that great mischiefs may be done by the County Courts of this Commonwealth holding extra terms at times not authorized by law: Therefore,

future from holding extra

SEC. 3. Be it further enacted, That such terms of County courts the courts shall not hereafter be held, nor any busi- prohibited in ness of the court transacted, and all justices of the peace offending herein, shall be liable to present- terms. ment or indictment by a grand jury, and to be fined or imprisoned, or both, at the discretion of a jury.

Approved, January 14, 1828.

Penalty, &e..

1828.

son Circuit changed.

CHAP. 27.-An act changing the time of holding the Anderson and Laurel Circuit Courts, and for other purposes. SEC. t. Be it enacted by the General Assembly of the. Commonwealth of Kentucky, That the Circuit Court for the county of Anderson, shall hereafter be held Time of hold on the third Mondays of May, August and November ing the Ander- in every year, instead of the times directed by law; and all process or recognizances taken or made returnable to the next term of said court, shall be returnable to the May term, as directed by this act, and shall be as valid as though this act had not passed. SEC. 2. Be it further enacted, That the Circuit Time of hold- Court of Laurel County, shall hereafter be held on ing Laurel the Thursdays succeeding the third Mondays in April, July and October, instead of the times now directed by law.

Circuit Court changed.

SEC. 3. Be it further enacted, That the proceedings Proceedings of the County Court of Laurel county, held in the of the Laurel months of January, February, April and May, 1827, County Court and the Circuit Court for said county held in March, legalized.

1827, shall be and the same are hereby legalized,

and declared to be as valid as if the said courts had been held on the days directed by law.

Approved, January 14, 1828.

CHAP. 28. An act for the benefit of Frances Vanscoik.

WHEREAS, it is represented that the husband of Frances Vanscoik, of the county of Mason, has abandoned her for the space of twelve years or thereabouts, and has entirely estranged himself from her and her children, one of whom is a deplorable idiot, and all of whom have been dependent upon the personal exertions of the said Frances for a support: and whereas it is further represented that the father of the said Frances has lately departed this life, by whose death one tenth part of one hundred and six acres of land, and a like proportion of seven slaves, and a small personal estate, has descended or will fall to her share, subject however to the dower of the widow of the deceased; and that a suit in chancery is now depending in the Mason Circuit Court in the name of one of the heirs, for a division of said estate: and it is suggested that, in consequence of the smallness of the estate and the number of heirs, the said