1833. sessor and col rector. male inhabitant of said town, above the age of twen Sec. 2. Be it further enacted, That it shall be lawAppoint an as- ful for the trustees of said town, at any time in each year, to appoint a town assessor, a town collector, and overseers of the streets; and that it shall be the duty of the town assessor to make out and return, with the schedule of each person's property, a list of all the free male inhabitants of said town, over the age of twenty one years. Sec. 3. Be it further enacted, That the proceedings Proceedings in of said trustees, so far as relates to the appointment 1831 legalized. of an assessor and collector of the town tax for 1831, be and the same are hereby legalized. Repealing clause. Proceeings of the court of as sessment of 26th regiment legalized. Sec. 4. Be it further enacted, That the law limiting the amount of the tax for said town to two hundred and fifty dollars annually, and all laws requiring the citizens to labor on the streets of said town, together with all laws coming within the purview of this act, be, and the same are hereby, repealed. Sec. 5. Be it further enacted, That the proceedings of the Court of Assessment held by the officers of the twenty-sixth Regiment of the Kentucky Militia, in November, eighteen hundred and thirty-two, shall, to all intents and purposes, be as legal as if the court had been held and the proceedings had on the day fixed by the then existing law. [Approved January 25, 1833.] CHAP. 144.-AN ACT to authorise persons prosecuted for felony in the county of Jessamine to be confined in the jail of Fayette. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the Sheriff of Jessamine county to convey from the county of Jessamine to the jail of Fayette county, any person who may be, at any time, before the jail of Jessamine county is finished, in his custody, under prosecution for felony; and it shall be the duty of the jailor of Fayette county to receive and keep in his jail any such person, under the rules and restrictions applicable to persons committed to his custody, for like offences, in the county of Fayette: Provided, however, That it shall be the duty of the Sheriff of Jessamine county to apply for and receive into custody, from the jailor of Fayette, any such person, at such time or times as may enable him to have such person forthcoming, in the county of Jessamine, at any time of trial. Sec. 2. Be it further enacted, That the Sheriff of Jessamine shall be allowed the sum of two dollars for each day he may be employed in taking persons to the jail of Fayette county and returning with them to the circuit court of Jessamine county, to be paid out of the county levy of Jessamine county; and that the jailor of Fayette county shall be allowed the same fees for keeping such persons as are allowed by law in other cases, which shall be certified by the circuit court of Jessamine county. [Approved January 25, 1833.] 1833. CHAP. 145.-AN ACT for the benefit of James Blincoe's heirs. Whereas, James Blincoe, of Nelson county, depart- Preamble. ed this life on the day of, 1831, leaving Rosanna Blincoe his executrix and widow, and Felix Pitts his executor, and eight infant children. The said Blincoe was considerably indebted, at the time of his death, and was possessed, at his death, of property sufficient to pay said debts, consisting of a few slaves and personal property, together with a small landed estate; and it is represented further that the debts will, in a regular course of administration, exhaust all the personal property and slaves and leave the family entirely destitute of the means of support: For remedy whereof cree a sale of ceased. Sec. 1. Be it enacted by the General Assembly of the Nelson circuit Commonwealth of Kentucky, That the executors of said court may deBlincoe are hereby authorised to exhibit their bill, in land of the dethe Nelson circuit court, against the heirs of said Blincoe, and upon it appearing to the satisfaction of said court it would be for the benefit of the heirs and widow of said Blincoe to sell his landed estate, or any part thereof, for the payment of his debts, that it shall and may be lawful for the court to decree a sale of such part of the said Blincoe's land, as to said court shall seem most expedient for the benefit of said heirs, and upon such terms and conditions as the court shall direct. ༡ Sec. 2. Be it further enacted, That the commission- Proceeds of the er or commissioners, who may be appointed to sell sale, how to be said land, shall give bond and good security, to ac- applied. L* 1833. count for the funds of said sale in the following manner: first, the judgment debts, in the order as now prescribed by law, and that the residue of the proceeds of said sale, if there be any, as the will of the testator, or, in the absence of any direction in the will, as the law may direct. [Approved January 25, 1833. Hardin circuit court may de cree a sale of land to pay debts. CHAP. 146. AN ACT for the benefit of the estate of Henry Ditto, Jr. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Thompson Kendall and John B. Trueman, administrators of Henry Ditto, Jr., to file a bill in the Hardin circuit court, against the widow and heirs of the said Ditto, alleging that it was the desire of the said Ditto that his real estate should be sold for the payment of his debts, and that his slaves should be saved for the use and support of his family; and that it would be to the advantage of the widow and heirs of said Ditto to substitute land for the payment of debts instead of the slaves; also, stating the amount of debts which the personal estate will not pay, and what tracts of land they contemplate selling for the payment of the debts; and on the trial of the cause, if the court, from the evidence, shall believe it will be to the advantage of the widow and heirs of said Ditto to substitute land for the payment of debts, and save the slaves for the support and maintenance of the family, the court shall appoint commissioners to value the land proposed to be sold, and shall decree the sale of said land, for the payment of the debts, and direct the minimum price at which the land shall be sold, and the credit at which the sale shall be made, and such orders as will secure the payment of the the purchase money; and on the confirmation of the sale and the payment of the purchase money, the court shall cause a conveyance of the land sold, to the purchaser, by the widow and adult heirs of said Ditto, and by a commissioner on behalf of the infant heirs, which deed shall effectually pass the legal estate. The court, before directing the proceeds of the land sold to be paid over to the administrators, shall require from them bond and ample security, to disburse said money in the payment of the debts of the said Ditto; and if any surplus should remain, after the payment of the debts, to pay the same over to the distributees of the said Ditto. 1833. [Approved January 25, 1833.] CHAP. 147.-AN ACT to establish election precincts in Woodford, cinct. Sec. 1. Be it enacted by the General Assembly of the Woodford preCommonwealth of Kentucky, That all that part of Woodford county, included within the following boundary, shall be, and the same is hereby, established an additional election precinct in said county, viz: beginning at the mouth of Clear creek and up the same to Combs' mill, thence a straight line to the Jessamine line, so as to include the dwelling house of David Rice, thence with the Jessamine line to the Kentucky river, and down the same to the beginning. The qualified voters in said precinct shall meet at the house of Benjamin Elkin for the purpose of voting at all legal elections. Sec. 2. Be it further enacted, That hereafter it shall not be lawful for any person to vote at any precinct in said county of Woodford, designated for holding elections, except the qualified voters who shall be actually residing within the bounds of said election precinct at the time of the commencement of the election, any former law to the contrary notwithstanding; nor shall the qualified voters, residing in one precinct, be permitted to vote in any other precinct in said county, except those residing in the precinct created by this act, and whose residence shall be nearer Mortonsville than the place appointed for voting by this act, and in such case they may, at their election, vote in either precinct. Sec. 3. Be it further enacted, That all that part of Whitley pre Whitley county, in the following bounds, to-wit: be- cinct. ginning on the top of Gellico mountain, on the state line, between Gellico and the Clear Fork, so as to include the waters of Gellico to its mouth, thence down Cumberland river to the line between Whitley and Pulaski, thence with said line to a point opposite the mouth of Rock creek, on the big South Fork, thence up the same to the state line, thence with the said state line to the beginning, shall be an election precinct in the county of Whitley, and the election, for said precinct, shall be held at the house of James Carroll, late the residence of S. Kidd, on Mash creek. 1833. Sec. 4. Be it further enacted, That an election precinct shall be, and the same is hereby, established in Graves precinct the county of Graves, to be holden at the house of Henry Fulgham. cinct. Sec. 5. Be it further enacted, That an election preHenderson pre- cinct shall be, and the same is hereby, established in the county of Henderson, in that part of said county called and known by the name of the Big Bend of the Ohio, to be called and known by the name of the Big Bend precinct, and said election shall be holden at the house of William B. Cannon. Judges, &c. of election to be appointed, polls compared, &c. Sec. 6. Be it further enacted, That the county courts of the counties of Woodford, Graves, Whitley and Henderson shall appoint judges and a clerk to the elections to be held in each precinct established by this act, who shall be governed, in all respects, by the laws now in force governing elections. And it shall be the duty of the sheriff attending the elections in said precincts, to meet and compare the polls at the time and place, in each of the aforesaid counties, now designated by law for the comparison of polls. [Approved January 25, 1833.] Preamble. CHAP. 148.-AN ACT for the benefit of William P. Smith, John J. Whereas, it is represented to this General Assembly, that William P. Smith, John J. Smith, Francis J. Hopkins and Elizabeth H.Hopkins (late Smith) his wife, Tabitha O. Smith, Mary J. Smith, Robert T. Smith, David H. Smith and Susan A. Smith, the last five of whom are infants under the age of twenty-one years, are entitled by purchase to a joint and equal interest in the following described property, to-wit: A tract of land in Henderson county, in lot number twenty-eight in Henderson & Co's. grant, containing five hundred and forty-three and three-fourth acres; also, a tract of twenty acres, being ten acre lots, numbers one and two adjoining the town of Henderson, and formerly a part thereof; in which said tracts of land, when divided, the shares of said infants will be too small to be made available, by renting or otherwise, in their support and education; and also to five negroes, which cannot be divided in kind, there being eight grantees, each one of whom is entitled to a share in them. |