1837. Proceedings against officers who fail to at tend musters. Persons to carry orders may be select ed. not to attend musters more shall report the delinquent officer, for failing to do his duty according to law. SECTION 90. That at each of the musters, where the law requires the Brigade Inspectors to attend, he shall note, and return to his Brigadier General, all the regimental field and brigade staff officers, who failed to attend such muster, whose duty. it shall be to order a Brigade Court Martial, to assess the fines against them. And in case the Brigade Inspector should not attend, it shall be the duty of the commanding officer present, to note, and make such return.. And it shall be the particular -duty of commandants of regiments to return, to the Major General, the failure of their Brigadier General to review their regiments annually, and the Major General shall order a Division Court Martial, to assess the fines accordingly. Commandants of regiments are required, on the failure of their Major Generals, accompanied by his staff, to review the regiment, once in two years, to report the same so the Adjutant General, who shall order a Court Martial, to assess the fines for such failure. SECTION 91. Each Major General, Brigadier General, and commandants of regiments, shall have power to select, from within the bounds of their commands, some fit person to carry their orders, who shall be exempt from attending musters, cxcept for the purposes of draft; which carrier, shall not be com pelled to serve for more than one year; and, on his refusal so to serve, he shall be fined three dollars for each offence. Nor shall any officer transmit, by mail, to any other officer, any communication on which the officer receiving the same is subject to pay postage. SECTION 92. No militia company, whose place of mustering Companies exceeds twenty miles from the place designated for battalion or regimental parade, shall be compelled to attend the same, but the commandant of such company shall muster the same, on the same day, at the usual muster groun. than twenty miles. SECTION 93. That the majority of the field officers and CapOfficers may tains, in any regiment, shall have power, and are hereby auappoint a col- thorized, to appoint some fit person, in lieu of the Sheriff, lector of fines. to collect the fines assessed in the regiment; which collector, shall, at the next county court, enter into bond, with approved security, in at least double the sum to be collected, and shall have the same power to collect, and be responsible for the same, and in the same manner, as is provided for in the case of Sheriffs, and shall have the same compensation for their services. Light companies entitled to the right on parades,but officers to rank SECTION 94. That at all battalion or regimental parades, independent or volunteer companies, shall be entitled to the right of the battalion or regiment; but at all courts or boards, officers according to shall take rank agreeably to the date of their commissions, and the date of if their commis- any two or more of the same grade, hold commissions of equal date, their rank shall be decided by lot. sions. Command of SECTION 95. Lieutenant Colonels shall command the first lieutenant col- battalion, in the regiment to which they may belong, and the Majors shall command the second. onels and ma jors. 1837. Official cor of officers. SECTION 96. At every Regimental Board of Officers, convened for the purpose of making examinations to fill vacancies, it shall be made to appear upon the record, that a mjry of the field officers and Captains of the regiment were present, respondence & after which they shall proceed to announce the person re- communication commended for each particular office; and the record thus made out, and signed by the presiding officer of the court, he shall cause to be handed to the Brigadier General, commanding the brigade to which such regiment belongs, or, in case of his absence, to the Major General commanding the division, who shall frank and transmit the same to the Adjutant General, by mail, to be laid before the Governor and Commander-inchief. SECTION 97. That the Major Generals and Brigadier Generals, shall, in future, transmit, by mail, to the Adjutant General, all estimates for camp equipage, annual returns, nominations for officers, and all communications, of every description, having relation to the militia; which returns, letters, nom nations, or packages, they shall frank, by endorsing their official name thereon. And all officers, of every grade, having communications to make to the Executive, on the subject of the militia, shall have the same transmitted to the Adjutant General, in the manner herein described. SECTION 98. All officers receiving, from the Adjutant General, orders, notices, commissions, blank abstracts of annual returns, or any other communications, designed for their divisions, brigades, or regiments, shall, without delay, transmit them to the officer or officers entitled to the same: Provided, however, That if they are intended for regimental officers, they shall be transmitted to the commandant thereof, who shall distribute them accordingly. SECTION 99. All other laws now in force in this State, having relation to the militia, are hereby repealed. Approved, February 9, 1837. CHAP. 254.—AN ACT to change the time of holding the Trigg circuit court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the circuit court of Trigg county shall sit on the first Monday of April, July and October, in each year, and each term of said court shall consist of six juridical days, if the business thereof shall require it, any law to the contrary notwithstanding. Approved, February 13, 1837. CHAP. 255-AN ACT to increase the powers of the Trustees of the town of Be it enacted by the General Assembly of the Commonwealth of 1837. county of Woodford, shall be vested with all the powers, immunities, and privileges, that are granted to or vested in the Trustees of the town of Nicholasville, by an act, entitled, an act to reduce into one the several acts regulating the town of Nicholasville, approved 12th of February, 1836, to be exercised by them within the limits of the town of Versailles. Approved, February 13, 1837. CHAP. 256.-AN ACT for the benefit of Samuel M'Collum and Lucinda M1- Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract between Samuel M2Collum and Lucinda M'Collum his wife, shall be, and the same is hereby dissolved; and the said Samuel and Lucinda restored to all the rights and privileges of single persons. Approved, February 13, 1837. CHAP. 257.-AN ACT for the benefit of Sally Dyer. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Sally Dyer and Nelson Dyer, be, and the same is hereby dissolved, so far as relates to the said Sally; and that she be restored to all the rights and privileges of an unmarried woman; and that she be restored to her maiden name of Sally Fitzpatrick. Approved, February 13, 1837. zed. CHAP. 258. AN ACT for the benefit of the widow and heirs of Charlton Hunt. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for John W. Hunt and E. estate authori- Warfield, the father and father-in-law of Charlton Hunt, to file a bill in chancery, in the Fayette circuit court, against the widow, administrator, and heirs of Charlton Hunt, deceased, alledging that the personal property is insufficient to pay the debts against the same, and that a sale of real estate for that purpose, by a decree of the chancellor, would result to the advantage of the widow and heirs, and designate in the bill, what estate, in their opinion, should be sold for the payment of the debts; and the court, on sati-factory proof, that a sale of real estate is necessary for the payment of debts, may, from time to time, decree a sale of the property designated, or as much thereof as the court shall think proper, and appoint a commis . LAWS OF KENTUCKY. sioner to make sale of the property at public or private sale, fixing the minimum price at which the sale shall be made, and the length of credit, and shall cause the proceeds to be applied to the payment of the debts, and any excess to be paid over to the guardian of the infants; and the widow, on consenting to release her dower in the lands decreed to be sold, shall be cntitled to have compensation in the residue of the real estate; the court shall, on confirming a sale, cause the estate to be convey-. ed to the purchaser by a commissioner on behalf of the infants, and shall require of the commissioner, bond with good security, in sufficient penalty for the faithful discharge of the trust, and return to the court, from time to time, of the estate sold and debts paid; and the court shall make all other necessary and proper orders and decrees, to carry into effect the objects of this act. Approved, February 13, 1837. 1837. 179 Sale of real zed. CHAP. 259. AN ACT for the benefit of the heirs of James Allen, deceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the widow and heirs of James Allen, deceased, to file a bill in chancery, in the Green cir- estate authoricuit court, against the administrators or executors of said estate, alledging that the personal estate is not sufficient to pay the debts against the same, without a sale of some of the slaves; and that it would be more to their advantage to have lands substituted and sold for the payment of debts instead of slaves; and the court shall cause the account of the debts against the estate, and the personal property and choses in action to be settled; and decree a sale of so much of the lands as will be necessary for the payment of debts, and cause the proceeds to be so applied, and save the slaves for the use of the widow and heirs; the court shall fix the credit and minimum price of the land ordered to be sold, and may appoint a commissioner to carry the decree into effect, at public or private sale, and require bond and security for the faithful sale of the land, and application of the proceeds to the payment of the debts as decreed, and make all necessary and proper orders to effectuate the same. Approved, February 13, 1837. CHAP. 260.-AN ACT for the benefit of Marcus Berton. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Marcus Berton, and Margaret his wife, be, and the same is hereby dissolved, so far as relates to the said Marcus; and that he be restored to all the rights and privileges of an unmarried man. Approved, February 13, 1837. 1837. May draft a plan and cause to be erected. CHAP. 261.-AN ACT to authorize the Boards of Internal Improvement for the counties of Graves, Calloway and M'Cracken, to unite in causing to be built a bridge across Clarke's river in Graves county. WHEREAS, It is represented to the General Assembly of the Commonwealth of Kentucky, that it is highly important to, and greatly desired by the citizens of Graves, Calloway and M'Cracken counties, that a bridge should be built across Clarke's river at or near Wafford's mill in Graves county, on the public road leading from Waidsboro' to Paducah; and that a bridge erected there will be of equal advantage to the citizens of all of said counties-Wherefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the different Boards of Internal Improvement for the said counties of Graves, Calloway and M'Cracken, to unite and draft a plan for, and cause a bridge to be erected across Clarke's river at or near Wafford's mill, where the public road leading from Waidsboro' to Paducah crosses said river, by letting the building of the same out to the lowest bidder, after said letting shall have been advertised for at least twenty days at the most public To advertise. places in said counties. Undertakers to give bond. When bridge is built, to be examined and paid for and how. SEC. 2. Be it further enacted, That the undertaker or undertakers of the building of said bridge, shall execute bond with good security, to the Commonwealth of Kentucky, in a penalty double the amount by him or them to be received for the building of said bridge, conditioned for the true and faithful performance of his or their contract. SEC. 3. Be it further enacted, That after the said bridge shall have been built, it shall be the duty of said boards to examine, or cause to be examined, the said work, and receive the same if done according to contract; and the said undertaker or undertakers is hereby authorized, after the said bridge shall have been examined and received as aforesaid, to demand of each of the Treasurers of the Boards of Internal Improvement for said counties, one third of the price contracted to be given for the building of said bridge, which sums each of said Treasur rs are hereby authorized and required to pay; and should said Treasurers, or either of them, fail or refuse to pay their respective portions, contracted to be paid for the erection of May sue on said bridge, the said undertaker or undertakers, are hereby failure to pay. authorized to institute suit against the Treasurer or Treasurers so failing or refusing to make payment as above directed, in the circuit court of that county, wherein such delinquent Treasurer may reside, which court is hereby authorized and empowered to render judgment in favor of said undertaker or undertakers, provided he or they shall appear to be entitled to the same and award execution, &c. Approved, February 13, 1837. |