1854. ty judges may be appointed. CHAPTER 227. AN ACT to provide for the appointment of special judges of the county courts, and police or city courts. § 1. Be it enacted by the General Assembly of the CommonPro tem. coun- wealth of Kentucky, That the county court of each county shall appoint two of the justices of the peace of their respective counties, either of whom may act, to hold the county court and quarterly court in case the presiding judge of the county court fails to attend, or if attending declines to act in a particular case; and the justice so appointed, upon being sworn in the same manner as the judge of the county court, may hold said courts, and therein exercise the powers of such judge; and said justice shall be allowed the same compensation as the judge of the county court for like services. § 2. That if a police or city judge fails to attend to hold his court, or attending declines to act in any case, the mayor of the city or chairman of the trustees of the town in which such court is located, being first qualified and sworn in the same manner as such police or city judge, shall be authorized to hold such court, or act as judge in the case, and in so doing exercise all the powers of such judge: Provided, that the chairman of the board of trustees of any town shall not adjudicate in any case where he is personally interested. §3. That the presiding judges of the several county courts shall have power, at any time in vacation, to call a special term for the purpose of granting administration, or doing any other business, whenever the judge may be satisfied that the estate of any person who may have died is likely to go to waste for the want of a personal representative, or that the necessity exists for the immediate action of the court in regard to any other business over which the court has jurisdiction. Approved February 18, 1854. CHAPTER 228. AN ACT to permit the personal representatives of non-resident decedents to sue in this state. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the non-resident executors or administrators of persons who, at their death, were non-residents of the state of Kentucky, shall be authorized to commence and prosecute actions for the recovery of debts due to such decedents, without having taken out letters testamentary or of administration in this state, if such letters testamentary or of administration have been granted by any competent tribunal in the United States, provided they give security for costs as other non-residents are required to do. 1854. Order of court to be filed and bond to be executed in this §2. That in such actions it shall be necessary for the plaintiff to file the order of a competent tribunal granting such letters; and before judgment shall be rendered a covenant shall be executed, by a sufficient surety, to the commonwealth, to the effect that the plaintiff, to the extent of state. money that shall come to him in the action, will pay any debt due by said decedent to any resident of Kentucky who shall, within three years thereafter, commence an action on said covenant, for his use, to establish and collect such debt. §3. That when letters testamentary or of administration have been granted by a competent tribunal of this commonwealth, upon the estate of a non-resident decedent, such administrator shall alone have power to sue; but any debtor who shall pay his debt, or any part of it, according to the provisions of the foregoing sections, without notice of the grant of letters of administration in this state, shall be discharged to the extent of such payment. Approved February 18, 1854. Personal representative of a non-resident ap pointed in this state only can sue. Revised Stat utes, 335, sec. 6, 7,8. CHAPTER 231, AN ACT to amend the 86th chapter, 6th article, section 3, of the Revised Statutes. Rev. Stat., 595. Proceeds may Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the 86th chapter, 6th article, section 3, of the Revised Statutes, be so amended as to authorize the be re invested. judges of the circuit courts to decree the investment of any money or funds, belonging to an infant, in real estate or slaves, in or out of this state, if in the opinion of the court it would redound to the interest of the infant so to do. Approved February 18, 1854. CHAPTER 233. AN ACT to declare the Lick Fork of Jenny's Creek, in Johnson county, and the East Fork of Big Barren, in Monroe county, navigable streams. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Lick fork of Jenny's creek, in Johnson county, be and the same is hereby declared a navigable stream, as far up as Hezekiah Davis' mill. §2. That the East fork of Big Barren river be declared a navigable stream, up to Turner's mill, in Monroe county. Approved February 18, 1854. Lick fork of Jenny's creek and East fork of Big Barren nav. igable. 1854. to CHAPTER 235. AN ACT to provide for special terms of the Owsley County Court. Be it enacted by the General Assembly of the CommonSpecial term wealth of Kentucky, That the judge of the Owsley county court may, at any time, hold special terms of said court for the purpose of making orders for the issuing of land war issue land warrants. rants. Approved January 18, 1854. CHAPTER 241. AN ACT to run, mark, and establish the line between the counties of Hardin and Breckinridge. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the surveyors of Hardin and Breckinridge counties are hereby required to meet at the Big Spring, corner of said counties, on the second Monday in November next, and shall thence proceed to run, mark, and establish the true line of said counties, running from said Big Spring to a point on Rough creek, opposite the mouth of Clifty, as designated by the act, entitled, an act for the division of Hardin county, approved December 9, 1799; and may adjourn from time to time until they have completed the survey. At the end of each mile they shall put up large stones, so as to be two feet above and two feet below the surface of the ground, and marked with the letters C. L. in large capitals. If either of them shall be absent on the day mentioned, the one present shall adjourn to some other day. If the two shall disagree as to the true line, they may call on the surveyor of Meade county as an umpire. They shall make a report to the county courts of said counties, who shall have the report recorded, and make them such compensation as may be reasonable, and pay the other expenses-cach county paying one half of the whole expense. The line so established shall be the line between the said counties of Hardin and Breckinridge. Approved February 18, 1854. CHAPTER 243. AN ACT to authorize the running and re-marking the lines between Franklin, Anderson, and Shelby counties. WHEREAS, doubts exist as to the boundary line between Franklin county and the counties of Anderson and Shelby, where the same border on Franklin county, at several points in the dividing line between said counties. Therefore, 1854. Commissioners appointed to run lines of Shelby, Anderson. Their duties. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That R. C. Steele, county surveyor for Franklin county, and Sam'l. B. Scofield, Esq'r., of same recounty; Alvin Herndon, of Anderson county, and Wood- Franklin, son G. Easley, of Shelby county, be and they are hereby appointed commissioners to run and re-mark the dividing lines between said counties, as above stated. The commissioners for Franklin and Anderson county will meet at the residence of Madison Blakemore, Esq., and begin their survey at a corner in the line between said counties, near the Big Spring of said Blakemore, and run and re-mark the said line from said point to the Shelby county line, where the counties of Franklin, Anderson, and Shelby corner. That in running the said line from said point near Blakemore's, and between that point and the point where the said line crosses the Franklin, Anderson, and Crab Orchard turnpike road, said commissioners be and they are hereby authorized and directed to run said line. so as to include, within the limits of Franklin county, the present residences of John B. Brewer and Johnson Yeates, Esq'rs., the former supposed to be in Franklin county, and who has claimed and made said county his residence for many years, and the latter residence being as is supposed within a few yards of said line, and being in the strip cut off by the said turnpike road. And the said commissioners will, also, in their survey, embrace in Anderson county the present residence of R. C. McKee, which was taken from Franklin county and included in Anderson' county by an act passed by the present Legislature. and Notice to be §2. The commissioners for Franklin county shall notify the commissioners for Anderson and Shelby counties of the given. time and place of meeting, for making said survey; and in case they, or either of them, fail or refuse to attend and discharge the duties imposed by this act, the said commissioners may proceed to discharge the duties herein required of them without delay. §3. The said commissioners shall, before they enter upon the duties assigned them, take an oath before some justice of the peace for Franklin county that they will faithfully and honestly discharge the duties required by this act, according to the best of their skill and judgments-a certificate of which oath shall accompany the report of the commissioners, and be filed in and recorded in the clerks offices of the Franklin, Anderson, and Shelby county. courts. And when the said survey is completed, and the report of the said commissioners made out in writing and recorded in said offices, the same shall be taken and considered as establishing the true dividing lines between said. counties from the points before named. Commissioners to take an oath. 4. The said commissioners shall have power and Their powers. authority to send for persons and papers, that may be necessary, in order to make and establish a correct survey 1854. Compensation, Chain carriers. of said dividing lines; and they are hereby authorized to swear and interrogate witnesses touching the same. § 5. The said commissioners shall be allowed three dollars per day, each, while engaged in said service-to be paid out the county levies of said counties-each county paying its own commissioners. § 6. The commissioners for Franklin county shall have power and authority to employ two chain carriers, who shall be allowed two dollars per day, each, for their services, to be paid out of the county levies of said county. Approved February 18, 1854. Preamble. the purchase of springs by the United States. CHAPTER 253. AN ACT to cede to the United States the Harrodsburg and Greenville WHEREAS, by an act of the Congress of the United States of America, passed March 3d, 1851, entitled, "an act to found a Military Asylum for the relief and support of invalid and disabled soldiers of the army of the United States," it is represented that the Board of Commissioners of the Military Asylum are, by and with the approval of the president, "authorized and required" to procure suitable "site or sites for the military asylum," and "the commissioners, with the approval of the president, having selected and purchased, as a suitable site for the asylum, a tract or parcel of land, known as the Harrodsburg and Greenville Springs, situated in the county of Mercer and state of Kentucky; and whereas, the joint resolution of Congress of the 11th September, 1841, prohibits the expenditure of any money upon any site or land so purchased, without the consent of the legislature of the state in which the land or site may be, shall be given to the purchase; and it being desirous that the legislature, should also cede the jurisdiction over said tract or parcel of land to the United States; and whereas, it seems meet and proper that such consent should be given, and cession made. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the consent of the legislature of the Consent of the state is hereby given for the purchase of, and the jurisdicstate given for tion in and over, all that certain tract, parcel, or piece of the Harrodsburg land, situated in the county of Mercer, state of Kentucky, on the waters of Salt river, embracing part of the town of Harrodsburg and the Harrodsburg and Greenville Springs, and bounded as follows, to-wit: beginning at A, as per plat and survey of said tract of land, dated 5th of June, 1853, and recorded in the clerk's office of Mercer county court, in state of Kentucky, a point in the middle of the turnpike road, near Mills' gunsmith shop, fronting the same on the west side, and running with said turnpike road south, 63 degrees west, 12 poles, to letter B; thence south 681 de |