1836. sons, at any time previous to the 25th day of September, in the year of our lord, 1837, to enter any quarter section, or fraction of land, which has been settled or improved by any actual settler in the land district west of the Tennessee river, and shall reside thereon at the passage of this act: Provided however, That no occupant or settler shall be protected in more than two quarter sections of land, one or both of which shall cover his improvement. SEC. 2. Be it further enacted, That all entries made contrary to the provisions of the first section of this act, shall be void and held for naught. Approved, December 23, 1836. CHAP. 37.--AN ACT to change the place of holding elections in the south of Hen derson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of holding the annual and general elections in the south part of Henderson county, shall be, and is hereby changed from the house of Isham Sellers to the house of William Sutton, at the forks of the road, at which latter place, such elections in the precinct aforesaid shall hereafter be held. Approved, December 23, 1836. CHAP. 38. AN ACT to change the place of voting in the upper Election Precinct in the county of Adair. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the election precinct in Adair county, called the upper or, Casey's creek precinct, be, and the same is hereby changed to the town of Neatsville, and said election precinct shall hereafter be held at the house of Warner W. Williams in said town, and to be known and styled the Neatsville precinct, and the same rules and regulations shall be observed at all elections hereafter to be held at said precinct, as are prescribed by the laws and usages of this Commonwealth on the subject of elections. Approved, December 23, 1836. CHAP. 39.--AN ACT to establish additional Precincts in Caldwell and Hickman' counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an election precinct shall be, and the same is hereby established in the county of Caldwell, which shall be holden at the house of William Roach in said county. SEC. 2. Be it further enacted, That an election precinct shall be, and the same is hereby established in the county of Hickman, which shall be holden at the house of Turner M. Horn, in said county. Approved, December 23, 1836. 1836. CHAP. 40.--AN ACT for the relief of the Sheriff of Ohio county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Ohio county, shall be allowed, until the fifteenth day of June, eighteen hundred and thirtyseven, to settle with the Auditor of Public Accounts, and pay into the Treasury, the revenue tax due the Commonwealth from said county of Ohio, for the year eighteen hundred and thirty-six: Provided, That the present securities of said Sheriff, shall consent, in writing, before the Clerk of the county court, on or before the twenty-eighth day of December, to the indulgence granted by this act, which settlement and payment by the said Sheriff of Ohio county, shall be made agreeably to, and subject, in all respects to the existing laws in force in relation to such settlements; and, in case of the failure of said Sheriff to make the settlement, and pay the said tax, or any part thereof, due the said Commonwealth, from said county of Ohio, for the year eighteen hundred and thirty-six, he shall be subject to the same penalties, to be recovered in the same manner, as he would be subject to, upon his failure to pay the revenue tax of said county, or any part thereof, for the year eighteen hundred and thirty-seven. Approved, December 23, 1836. Allowed un til 15th June, 1837, to settle and pay reve with Auditor, nue. CHAP. 41.--AN ACT for the benefit of Margaret Hopkins. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the matrimonial bands existing between Margaret Hopkins and John N. Hopkins, is hereby forever dissolved, and that said Margaret Hopkins be, and she is hereby restored to all the rights and privileges of a feme sole. Approved, December 23, 1836. CHAP. 42.--AN ACT to change the place of voting in an Election Precinct in Muh lenburg county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting at the election precinct in Muhlenburg county, held at the House of Benjamin Donoho, shall hereafter be held at the town of Rumsey, at the house of 1837. Charles M. Baber, under the same rules and regulations as heretofore. Approved, December 23, 1836. Term exten ded to 24 days, and may be adjourned from day to day. No motion to bemade against CHAP. 43.--AN ACT to extend the January term of the General Court, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the present January term of the General Court shall be extended to twenty-four juridical days: Provided however, That the said court may adjourn over, for any number of days, which the business before them will permit without ducing an end of said term, and whenever the Judge or Judges shall attend, he or they may cause the court to be opened and proceed to business, as though no adjournment had taken place. pro SEC. 2. Be it further enacted, That no motion in the name of, or on behalf of the Commonwealth, against Sheriffs, Clerks or sheriffs until other public officers, shall be made until the fifteenth day of said term, at which time the court shall adjudicate upon the same, as though the said motions had been heard upon the third day of the term. 15th day. SEC. 3. Be it further enacted, That the Auditor of Public Accounts shall receive all delinquent lists of Sheriffs and other public officers, until the seventeenth day of January present, any law to the contrary notwithstanding; and the Auditor of Public Accounts shall have until the fifteenth day of the term, to file his notices, with the Clerk of said court, against defaulting officers, and such notices shall be as effectual as though the same had been filed as authorized by law. Approved, January 4, 1837. precinct in Union. CHAP. 44.--AN ACT establishing Election Precincts in the counties of Union and SEC. I. Be it enacted by the General Assembly of the CommonBoundary of wealth of Kentucky, That an election precinct shall be, and the same is hereby established in the county of Union, and the boun dary thereof, shall be as follows, to-wit: beginning at the mouth of Lost creek, thence running up said creek to the old road leading to Davis' mill, thence with said road to said mill on Highland creek, thence up said creek, until it strikes the Henderson county line, thence with said line to the Ohio river, thence down the river to the beginning: Provided however, That nothing contained in this act, shall be so construed as to prevent any qualified voter, residing within said boundary, from voting at any other authorized place or precinct within said county. Proviso. SEC. 2. Be it further enacted, That the place of voting in said precinct, shall be at the house of James M. Higgins, and said precinct shall be known and styled the Francisburg precinct, and that all that part of Butler county, lying on the west side of Big Muddy creek, in said county, shall be known and called the Muddy river precinct, and that the place of voting in said precinct, shall be at the house of John Riniars in said precinct. 1837. Place of vo ting in precinct in Union. Butler, Precinct in and place of voting. Judges, clerks, SEC. 3. Be it further enacted, That the Union and Butler county courts, at their July term in each year, shall appoint &c. to be apJudges and a Clerk, and all other necessary officers, to receive pointed. the votes and conduct the annual elections at said precincts, who shall be bound and governed by the laws of this Commonwealth in force on the subject of elections. Approved, January 4, 1837. CHAP. 45,-AN ACT to change the place of voting in the Hudsonville precinct in Breckinridge county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the place of voting in the Hudsonville precinct, shall be at the store house of J. Jennings & Co. instead of the house of Joseph Hudson. Approved, January 5, 1837. CHAP. 46.--AN ACT to amend the act incorporating the Burlington Turnpike SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful, for the commissioners, or any two of them, named in the original act, of which this is an amendment, to open books of subscription, on the first Monday in March next, or at any other time in Burlington in .... the county of Boone, and at such other places in said county as said commissioners may designate, for subscriptions of stock in said company, and to keep the same open, as provided in the second section of said act. Books for subscription of stock to be opened. Road to run SEC. 2. Be it further enacted, That said road shall be so located as to pass through the town of Union, in the county of through Union. Boone. When the SEC. 3. Be it further enacted, That the aforesaid company, shall commence the prosecution of their work, on or before the work is to be first of May, in the year of our Lord, one thousand eight hun- commenced & dred and thirty-nine, and complete the same in ten years there- completed. after. Approved, January 5, 1837. 1837. her husband. CHAP. 47.--AN ACT for the benefit of Emily E. Jones. Be it enacted by the General Assembly of the Commonwealth of Divorced from Kentucky, That the marriage contract, heretofore existing between Williams Jones and Emily E. Jones, is hereby dissolved, as far as it relates to the said Einily E. Jones, and that she be, and is hereby restored to all the rights and privileges of an unmarried woman. Approved, January 5, 1837. Bill in chaned, & for what cery may be fil purpose. CHAP. 48.--AN ACT for the benefit of of the Administrator and heirs of Fielding Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Hayse Coffey, administrator of Fielding Coffey, deceased, to file a bill in the Russell circuit court, alledging that the personal estate of the said Fielding Coffey, deceased, is insufficient to pay his debts, and set out the amount of personal estate, and how it has been disbursed, and the amount of outstanding debts as near as may be, to which bill the heirs at law of the said Fielding Coffey shall be made defendants. The complainant may make the allegation, on oath, that it will be to the advantage and interest of the heirs, to sell the tract of land lying in Russell county, containing about one hundred and twenty-five acres, which descended to them from the said Fielding Coffey, for the payment of the debts, and the court shall appoint a guardian ad litem for the infant heirs, and a commissioner to state and report the amount of the outstanding debts, and the value of the land proposed to be sold, and the situation and value of the other estate of the infants; and the court, if it is considered for the benefit and interest of the infant's estate, may decree a sale of the whole, or any part of the land for the payment of the debts, at such prices and credits as may be deemed expedient, and may appoint the complainant, or such other person as commissioner, to sell the land or any part thereof, as may be prudent, and on the confirmation of the sale, by the court, the commissioner may be directed to convey the same to the purchaser or purchasers, and the conveyance when so made, shall be effectual to pass the title, but before the court shall enter a decree for the sale of the land, they may require bond and good security from the complainant, conditioned Administra to apply the proceeds of the sale of the land to the payment of tors to give the debts of the said Fielding Coffey, deceased, and to render dition thereof. a faithful and correct account of his proceedings to said court, the court may hear the cause and decree a sale at the first Sale of the whole, or part be decreed up of lands may on conditions. bond, and con term. Approved, January 5, 1837. 2 |