1837. Proviso. Jury to be impanneled in ry, vs. masters of vessels, in suits in chance certain cases. be made in suits vs. absent defendants, but a day given to appear, & tra Peace, Notary Public, or Mayor, with a statement that the Justice, Notary, or Mayor, is personally acquainted with the person making the affidavit, and that he is a person of credit; and the copy, with the affidavit and certificate, shall be returned and filed with the papers, and shall be taken as personal service; and the defendant or defendants, so served with process, shall not be entitled to appear, file, answer, and open the case, after a decree in the cause, unless they be infants; in which event, they shall have the time given infants to answer and open decree, after attaining full age: Provided however, That it shall not be lawful for the court, under such service of process, as is provided in the above section, to render any decree, in personam, against such defendant or defendants, but may proceed, in rem, and subject any real or personal estate or other thing belonging to such defendant or defendants. SEC. 9. That in all suits in chancery, under an act to prevent the masters of vessels and others from employing or removing persons of color from this State, approved January 7, 1824, and an act to amend the same, approved February 12, 1828, it shall be the duty of the court to cause a jury to be impanneled, and the facts necessary to authorize a decree to be ascertained by a jury; and all suits in chancery, now pending in the courts of this Commonwealth, shall be maintained and prosecuted as authorized and provided in this act. SEC. 10. Be it further enacted, That hereafter, in proceeding No order of in chancery against absent and non-resident defendants and unpublication to known heirs, no order of publication shall be made or published, as now provided by law; but upon the filing of any bill against any absent or non-resident defendants, or unknown heirs, it shall be the duty of the court to cause an order to be made on the order book, warning and requiring the defendant or defendants to appear and answer the complainant's bill, on or before the first day of the ensuing term of said court; and in case any such defendant or defendants shall fail to appear and file his or their answer to complainant's bill, then the court shall cause a general traverse of the bill to be filed, as is provided in the fourth section of this act. verse filed. Approved, February 2, 1837. Circuit court when to commence. CHAP. 210,--AN ACT to change the terms of the Lincoln circuit and county courts. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the terms of the Lincoln circuit court, shall commence on the first Mondays in March, June and September, and shall continue twelve juridical days if the business of said court requires it. SEC. 2. That the county courts of Lincoln county shall County court hereafter be held on the first Mondays in each month, except in those months that circuit courts are directed to be held by this when to com mence. act; and in those months that circuit courts are directed to be held, there shall be no county court. 1837. Process when SEC. 3. That all process and recognizances, and other papers required to be returned to the Lincoln circuit and county returnable. courts, as now fixed by law, shall be returned to the terms of said courts as hereby established, and no exception shall be taken thereto by reason of the change hereby made in the terms of said courts. Approved, February 2, 1837. CHAP. 211.-AN ACT supplementary to an act, entitled, an act to enlarge the Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Constable's District, extended by the above recited act, shall be, and the same is hereby further enlarged, so as to include the residence of James M. Haden. Approved, February 2, 1837. CHAP. 212.--AN ACT to provide against compounding penal prosecutions. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall not be lawful for any Commonwealth's or prosecuting attorney in this Commonwealth, to compound any penal prosecution, nor to receive, or agree to receive, before judgment, any money, or any other thing, or the promise. thereof, from any person prosecuted, or about to be prosecuted, for a violation, or supposed violation, of any penal law, nor from any one on his behalf, in consideration not to prosecute, or not to prosecute for more than one violation of any penal law, nor in any other way to waive or fail to make a prosecution under any penal law, to enable the offender to escape, or avoid the full penalties of the law; and any Commonwealth's or prosecuting attorney who shall violate this provision in any particular, shall be guilty of a high misdemeanor, and be liable to indictment; and on conviction, shall be fined to the same amount the person compromised with, or supposed to have violated a penal law, would have been liable had he been convicted; and shall, moreover, be sentenced to imprisonment for a period of not less than ten, nor more than ninety days, at the discretion of a jury; and on the suggestion of an offence against this provision, the court shall appoint an attorney to prosecute the offender. SEC. 2. That it shall not be lawful for any informer or plaintiff, upon a penal act, to compound the penalty, or agree with any person or persons that may have offended, or be charged, or supposed to have offended against any penal statute, until after judgment; nor agree with any person charged with any such Commonwealth's attor ney not to compound any prosecution. Penalty. Informer cr plaintiff not to compound. 1837. Penalty. offence, or any person on their behalf, not to furnish the requisite proof, or to withhold any witness or evidence in the prosecution; and each and every person so offending, shall be liable to indictment, and for each and every such offence, shall be guilty of a misdemeanor, and forfeit and pay a fine of the same amount the person compounded with, or charged, or supposed to have violated a penal act, would have been liable had he been convicted, and also to imprisonment for a period of not less than five, nor more than sixty days, at the discretion of a When judg- jury. ment is confessed, attorney or SEC. 3. That in all penal prosecutions, when judgment is informer only confessed, the Commonwealth, or prosecutor, attorney, and inentitled to half former, shall only be entitled to the one half of that part of the their part of penalty. penalty given to them by existing laws. Approved, February 3, 1837. ers. CHAF. 213. AN ACT to amend an act, entitled, an act to incorporate the SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the provisions of an act to incorporate the Sprinfield, Perryville and Danville Turnpike Road Company, approved 29th of February, 1836, be, and the same are hereby amended in the following particulars: 1st. That in lieu of the persons named as Commissioners to open books for the subscription of stock in said Company, the following persons are appointed, that is to say, in and for the county of Mercer, Jehu Harlan, Abraham J. Wilson, J. T. Hopkins, Samuel Commission- Ewing, Dred Bowling and Payne Mitchell; and in and for the Stock how subscribed. county of Washington, Elias Davidson, John B. Smith, Paul I. Booker, Jacob Kimberlin, John Henderson, Mordecai Hardin, John Graves and Hugh M'Elroy. 2nd. That whenever the amount of twenty thousand dollars of stock shall be subscribed by the citizens of Mercer county, the State shall subscribe for the like amount of stock, out of the general Internal Improvement fund; and the stockholders, under the provisions of their charter, shall organize their Company, by the election of a President and six Directors, in lieu of the number prescribed by said act; and the said Company may proceed to construct so much of said road as lies within the county of Mercer. 3d. That whenever the further sum of twenty thousand dollars be subscribed shall be subsribed by the same or some other stockholders, it by State. shall be the duty of the Board of Internal Improvement, to subscribe for and on behalf of the State not exceeding forty thousand dollars; and the said Company shall proceed to construct the remainder of said road, having first surveyed and examined the three routes from Springfield to Danville, viz: the route by Maxville, the route nearest or on the present public road leadang from Springfield to Perryville, and by way of Perryville, Amount to 1837. Time to com mence Road and how and the route between the two; and the said President and Directors shall then select that one which to them shall seem the best. 4th. That the said Company shall have the full time of two years, from the passage of this act, to commence said road, and the period of five years to complete it. 5th. The eleva- complete.! tion and declension of said road, in the grade thereof, shall not exceed two degrees, and the said road shall not exceed sixty constructed. feet in width, and shall be graded to the width of thirty five feet at least, except in the cuts and fills the grade may be reduced to twenty five feet; and the stone part of said road shall not be less than fifteen feet, where the road is graded thirty five feet, and eighteen feet where the grade is reduced to twenty five feet; and the metal upon said road shall not be less than twelve inches in depth, and may be constructed with a pavement of not less than seven inches in depth, and the balance with broken stone on the top thereof. 6th. The shares of stock shall be one hundred dollars each, in lieu of fifty dollars; and corpora- shares. tions and bodies politic, shall have the power and authority to subscribe for stock in said Company. 7th. The Commissioners shall open the books for the subscription of stock, at such opened. times and places as they shall deem fit, and may appoint agents for the purpose of receiving subscriptions of stock, &c. 8th. All and every part of said act, inconsistent with the provisions of this act, are hereby repealed: Provided however, That the scription, when subscriptions on the part of the State, authorized by this act, shall not be made until after the Board of Internal Improvement shall, by their engineer or engineers, cause an examination of the proposed road, and shall be of opinion that the said subscription can be advantageously made on the part of the State. Approved, February 3, 1837. Amount of Books to be State sub to be made. CHAP. 214.-AN ACT for the benefit of the widow and heirs of James P. Tay lor, deceased. estate authori to pay Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the administrator of A sale of real James P. Taylor, deceased, to file a bill in chancery, in the zed Louisville chancery court, against the widow and heirs of the debts. said Taylor, alledging that the personal estate is not sufficient to pay the debts, and that it would be to the interest of the widow and heirs of said Taylor, to have the real estate sold, and apply so much of the proceeds as would be sufficient to the discharge of the debts, and have the residue invested in profitable stocks or other lands for the benefit of the widow and heirs; and the court shall cause the accounts of the administrators to be settled, and the whole porsonal estate applied to the paypayment of the debts, retaining the slaves for the use of the widow and heirs, and after ascertaining the amount of the debts and the value of the real estate, may decree a sale of the land, 1837. fixing the minimum price and the credits, and cause so much of the proceeds, as necessary, to be applied to the payment of the debts, and the balance be invested in profitable stocks or other lands for the widow and heirs, in equitable proportions; and to make all necessary orders and decrees that may be required to effectuate the object of this act. Approved, February 3, 1837. CHAP. 215.--AN ACT for the benefit of Paulina Johnston. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between James Johnston, and his wife Paulina, so far as regards. the said Paulina, be, and the same is hereby set aside; and she is hereby restored to all the rights and privileges of an unmarried woman, and to her maiden name, Paulina Beach. Approved, February 3, 1837. CHAP. 216.--AN ACT for the benefit of Harriet Eubank. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Harriet Eubank, and Harrison Eubank, be, and the same is hereby dissolved; and the said Harriet Eubank is hereby restored to all the rights and privileges of an unmarried woman. Approved, February 3, 1837. CHAP. 217.-AN ACT increasing the powers of the Trustees of the town of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Trustees of Elkton, to assess, levy, and collect, on the real and personal estate within the limits of said town, liable to the revenue tax, the annual sum of three hundred dollars, for five years, and apply the same to the improvement of the streets and alleys of said town, and such. roads as are within the limits of said town, and they may have the side walks in said town graded and paved with brick or flag stone. Approved, February 3, 1837. CHAP. 218.-AN ACT to change the time of holding the Circuit Courts in the sixteenth Judicial District. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the circuit courts for the county of |