estate is incapable of being divided, by means whereof it will have to be converted into money, and will fall within the control of the husband of the said Frances, by reason whereof she will be left entirely without the means of supporting herself and children, her husband having evinced, by his conduct for twelve years past, that he will in no wise contribute thereto : Be it therefore enacted by the General Assembly of the Commonwealth of Kentucky, That the Mason Circuit Court shall be and is hereby authorized to enquire into the truth of the facts set forth in the preamble, and if said court shall be satisfied of the truth thereof, it shall be lawful for the said court to appoint a trustee for said Frances, and the property which descended to her, or to which she will be entitled as one of the heirs of her deceased father, shall to all intents and purposes, be vested in said trustee, in as full and ample a manner as if the same had been devised to said trustee for her benefit. The said trustee shall be made a defendant to the suit now depending for said property, and shall be accountable for the trust reposed in him, to all intents and purposes, and in the same manner as if he had been created a trus-. tee by the last will and testament of the father of the said Frances Vanscoik. Approved, January 19, 1828. 1828. CHAP. 29.-An act for the benefit of David and Elizabeth E WHEREAS, David Jones, of Mercer county, hath represented to the present General Assembly, that he is the father of an only child, a natural born daughter, called and known by the name of Elizabeth E. Jones, now residing with him, and partly raised by him, which child he is desirous to legitimate, as far as practicable, by giving to the said Elizabeth all the rights and privileges of inheritance in and to his estate, in the same manner and as to the same extent, as if she were his lawful issue and heir at law: There fore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Elizabeth E. Jones* and her lawful issue, shall have, possess and enjoy all the rights of inheritance in and to the estate of the 1828. Further time allowed him to return his delinquent lists to the Auditor. said David Jones, (as well real as personal,) which she might or could derive or enjoy from him were she his lawful issue born in lawful wedlock: Approved, January 19, 1828. CHAP. 30.--An act for the benefit of the Sheriff of Scott county.. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That sixty days from and after the passage of this act, be, and the same is hereby allowed to David Flournoy, sheriff of Scott county, to have his delinquent list for the tax due for the year one thousand eight hundred and twenty-six collectable in the year one thousand eight hundred and twenty-seven, as well as the delinquents on the list sent out by the Auditor of public accounts, allowed and certified by the County Court of Scott, who are hereby authorized at their January or February term, one thousand eight hundred and twenty eight, to examine, allow and certify the same, and upon his having the same allowed and certified by said court, according to the several acts now in force upon that subject, and returning the same to the Auditor, within the time prescribed by this act, the Auditor is hereby required to receive and audit the same, and give him a credit for the amount thereof. Approved, January 19, 1828. CHAP. 31.-An act for the benefit of Polly Burnet and children. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the land office be and he is hereby authorized and required to issue a patent to Polly Burnet and her children, for our hundred acres of land lying in Whitley county, beginning on the north side of Cumberland river, thence running down the river to the mouth of a big branch, thence up the branch with its meanders, so far that a line to the beginning will include one hundred acres, without the State price being paid thereon. Approved, January 26, 1828. CHAP. 32.--An act to authorize Clerks of Courts to take recog- 1823. nizances in certain cases. Courts autho committed to Be it enacted by the General Assembly of the Commonwealth of Kentucky, That where any person has Clerks of heretofore or shall hereafter be committed to jail for rized to take failing to enter into a recognizance to keep the peace recognizances or be of good behavior, in pursuance of an order of any of persons of the courts of record of this Commonwealth, and the jail for failing said courts shall have entered of record in what sum to give securithe party thus committed is required to give securi- ty to keep the ty, it shall be lawful for the Clerk of the respective peace. courts in which such order shall have been made, to take the recognizance in his office during vacation, and the jailor is hereby authorized to take any such person committed to his custody before the Clerk, for that purpose. Approved, January 28, 1828. CHAP. 33.-An act to exteud the town of Joesville, at the mouth of Clover creek, in Breckenridge county, and for other purposes. Town of Clo SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a town heretofore laid off and established by order of the Breckenridge verport estat County Court, in the county of Breckenridge, at the lished. mouth of Clover creek, called and known by the name of Joesville, shall hereafter be called and known by the name of Cloverport. thereto vested SEC. 2. Be it further enacted, That the title to fifty Title to fifty acres of land belonging to Felix Huston, on the lower acres of land side of Clover creek, adjoining the said town, be vest- adjoining ed in the trustees thereof, to be' by them laid off as in the trustees part of said town, under the rules and regulations of to be by them an act regulating the establishment of towns, passed laid off into lots, streets, December nineteenth, one thousand seven hundred &c. and ninety-six. Approved, January 28, 1828. CHAP. 34. An act to change the boundary line of the town of WHEREAS, it is represented to the General Assem- 1828. Boundary line. that a law may pass changing the boundary line of said town, so as to strike his lots out of the bounds of said town: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the boundary line be as follows, to-wit: At the point on the south side of the upper cross street, where the third range street intersects the same, the line shall turn at right angles and run down the third range street, crossing the second cross street till it strikes the third cross street, then at right angles with said cross street till it strikes the fourth range or back street, reserving to the trustees of said town the right of keeping open the back street and upper cross street, the same as if this law had not passed. Approved, January 28, 1828. CHAP. 35.-An act for the benefit of the heirs of Tobias Moredock. WHEREAS, it is represented to this General Assembly that Tobias Moredock obtained from the commissioners a certificate for two hundred acres of land, number one thousand three hundred and forty-four, which he entered with the surveyor of Green county on the fifth day of September, one thousand seven hundred and ninety-eight, and on the thirteenth day of the same month, caused the same to be surveyed and recorded in said surveyor's office, after which said Moredock's house was unfortunately consumed by fire, and it is believed the original plat and certificate of survey was lost thereby, and it appears that said Moredock departed this life previous to said plat and certificate's having been registered, which has not yet been done; and it appears that the full amount of the State price has been paid into the treasury: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Register of the land office to receive and register a certified copy of said survey, and issue a patent thereon to the legal heirs and representatives of the said Tobias Moredock, deceased, which shall be as valid to all intents and purposes, as if said survey had been registered on the original plat and certifi cate. But nothing herein shall in any manner affect the equitable interest of any person (if any there be,) claiming title by assignment of the original plat and certificate. 1828. Approved, January 28, 1828. CHAP. 36. An act for the benefit of the heirs of William Barker, deceased. WHEREAS, it appears to this Legislature that William Barker, as assignee of James Markham, owned three tracts of land, of one thousand acres each, lying west of the Tennessee river, and that the said lands were entered for taxation as non-residents' land in the name of said James Markham, in the year one thousand eight hundred and twenty-two, and the tax regularly paid up to the year one thousand eight hundred and twenty-four, and that the same now stands forfeited for the non-payment of the tax for the years one thousand eight hundred and twenty-four, five and six, as appears by the Auditor's certificate: And whereas it further appears by said certificate, that William I. Barker (the son and one of the heirs of William Barker, who has departed this life,) in the year one thousand eight hundred and twenty-two, entered the said three tracts of land for taxation in the county of Mason, (where he now resides,) for the tax of that year and the year preceding, and that the same has been regularly entered for taxation in said county every year since, by reason whereof the tax has been twice paid for the years one thousand eight hundred and twenty-one, two and three, which tax amounts to the sum of five dollars sixty-two and a half cents: Therefore, Recital remitted. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the forfeiture of the said three tracts of land of one thousand acres each, lying west of the Tennessee river, and patented in the Forfeiture of name of William Barker, assignee of James Mark- certain lands ham, be and is hereby released. And the Auditor is authorized to discontinue the said tracts of land on the non-residents' lists, and to issue a warrant in favor of the said William I. Barker, for the sum of five dollars sixty-two and a half cents, to be paid out of any money in the treasury not otherwise appropriated, deducting from said amount the cost of advertis ing and forfeiting of said lands. Approved, January 28, 1828. E |