CHAP. 156.-AN ACT for the benefit of the representatives of James 1833. Honaker, deceased.

Whereas, it is represented to the present General Preamble. Assembly, that James Honaker, late of Pike county, died intestate, leaving Louisa Honaker, his widow, and several infant children; that said James was considerably in debt at his death, and left a small personal estate; that his said widow, Louisa, and a certain Thomas Owens, Jr. administered upon the personal estate of said James, and have fully administered the same, in the payment of debts, and there yet remains sundry debts to be paid, the payment of which, by subjecting the real estate descended to said infants, will, in the ordinary course of law, cause a great sacrifice of the lands: And whereas, the said personal representatives of said decedant have petitioned for the passage of a law authorising the sale of three tracts of lands lying adjoining each other, in the county aforesaid, on Sandy river, known by the name of the Hackworth farm, whereon Thomas Rainalds now lives, for the purpose of discharging the balance of the debts due from said estate: Wherefore

cree a sale of

Be it enacted by the General Assembly of the Com- Pike circuit monwealth of Kentucky, That it shall be lawful for the court may desaid administrators of said James Honaker, deceased, land to pay to file their bill in the Pike circuit court, setting forth debts. the necessity and propriety of selling said lands, for the purpose aforesaid, and making all the heirs of said decedent defendants thereto; and upon the answers of said heirs, by their guardian ad litem, to be appointed by the court, being filed, the said court, if in his opinion a sale of said land, or any part thereof, is necessary, and will redound to the interest of said infant children and the estate of the decedant, to order and decree a sale and conveyance thereof, in such portions and manner as the said court shall deem proper. And the said court shall, from time to time, have full power to direct and order the proceeds of the sale to be paid to said administratrix and administrator, as assets, by them to be administered; and the conveyance or conveyances to be made by virtue of the decree of said court shall pass and vest in the purchaser or purchasers all the right, title and interest of said heirs in and to the lands so sold: Provided, however, That before any decree shall be rendered for

1833.

the sale of said lands, or any part thereof, the said administratrix and administrator shall execute and file in said court, bond with security, approved of by the court, in such penalty as the court shall direct, payable to the Commonwealth of Kentucky, and conditioned to well and truly administer and pay over, as assets, according to law, all such sums of money which they, or either of them, shall receive, as the proceeds of any land thereafter sold, by virtue of any order or decree of the court to be rendered in said

cause.

[Approved January 28, 1833.]

Preamble.

County court may tax land to pay turnpike stock.

CHAP. 157.-AN ACT to authorise the Bourbon county court to levy a tax on the lands of the county.

Whereas, it is represented to the present General Assembly, by the petition of the justices of the county court of Bourbon, or a majority of them, that said county court, for the use of said county, has subscribed one hundred shares in the stock of the Maysville, Washington, Paris and Lexington Turnpike Road Company: And whereas, said justices pray that a law may pass to authorise the court of said county to raise the amount of stock, subscribed as aforesaid, by a tax imposed on the lands in said county, upon the ad valorem principle, except the town of Paris: Therefore

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Bourbon county court is authorised and permitted, in February, March or April, a majority of all the justices being present, to lay a tax on all the lands and real property, in said county of Bourbon, except on houses and lots in the town of Paris, to an amount in each year equal to the payment which said court is bound to make on its Sheriff's duty. stock in said Turnpike Company in such year; and the sheriff of said county is hereby authorised and required to proceed to collect said tax in each year, under the same regulations and with the same power that he now has to collect the revenue tax of this Commonwealth, in said county; and shall account for and pay to said county court, or its order, the said amount of tax, whenever required by said court, after the first day of September in each year.

Sec. 2. Be it further enacted, That said county court in laying the tax aforesaid, shall lay it equally, accord

1833.

ing to the value of said land and real property; and Tax to be equal in order to ascertain the value aforesaid, said court is permitted and required to use the commissioner's book which is used the preceding year, for the purpose of ascertaining the value of property on which the revenue of the state is paid, except the present year, in which it may use the commissioner's book of the year 1831.

pay over the tax how to pro

ceed against

him.

Sec. 3. Be it further enacted, That if the sheriff of If sheriff fail to said county shall fail to pay the amount of said tax as aforesaid, when required by said county court, said county court shall have power, and is hereby permitted, to cause a summons to be issued by its clerk to said Sheriff, returnable to any term of the court, to shew cause why he did not pay said amount of tax, as required; which summons shall be executed on the sheriff by the coroner or any constable of the county, to whom directed; and upon the return of said summons, said court shall have power to cause a judgment to be entered on its records against said sheriff' for said amount of tax, with ten per centum thereon, unless said sheriff shall satisfy said court, with reasons, for not paying said amount of tax; and execution shall issue for the amount of said judgment from the office of said court, directed to the coroner of said county, and shall be endorsed "no security to be taken," and the said coroner shall proceed to collect said execution, as directed in the case of other executions endorsed "no security to be taken," and paythe same over to said county court or its order.

[Approved January 28, 1833.]

CHAP. 158.-AN ACT for the relief of the heirs of Anna Maria

Walsh.

Whereas, it appears to the present General Assem- Preamble. bly, that Samuel Fox and Maria Fox, his wife, William Lansdale and Elizabeth Lansdale, his wife, and Robert Walsh and Anna Maria Walsh, did duly constitute and appoint Robert Wickliffe, of the City of Lexington, their true and lawful attorney, to sell and dispose of all their claims to lands in the State of Kentucky, and in the States of Ohio and Indiana, and that said Wickliffe did accept of such power and was pro

1833.

May execute a

ceeding to execute it, but hath failed to do so owing to the death of Anna Maria Walsh, one of the parties to the power: And whereas, it further appeareth that the said Anna Maria Walsh died a feme covert, and left Robert M. Walsh, Isabella Walsh, J. Correa Walsh, Anna Maria Walsh, Elizabeth Brent Walsh, Mary Walsh, Theresa D. Walsh, Oliver Walsh, Fanny Walsh and Jasper Walsh, the whole of whom are infants, under the age of twenty-one, except Robert M. Walsh, but who, by their guardian of record and father, Robert Walsh, with the said Robert M. Walsh, have petitioned the Legislature to pass an enabling act whereby they, though infants, by their father, as their guardian, may be rendered competent to constitute and appoint the said Wickliffe their attorney in fact, in as full and ample a manner as if they were of full age: and whereas, it further appears that said minors all reside out of the state, and from the dispersed condition of their lands, and their bad quality and disputed condition, that it will tend greatly to the advantage of said infants to constitute an agent to sell and adjust their claims to land in this country, as contemplated by their mother in the power given by her and her husband: Therefore

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the above named infants, power of attor-to-wit: Isabella Walsh, J. Correa Walsh, Anna Maney to adjust ria Walsh, Elizabeth Brent Walsh, Mary Walsh, and sell land claims. Theresa D. Walsh, Oliver Walsh, Fanny Walsh and Jasper Walsh, by their power, signed by themselves and their guardian of record and father, Robert Walsh, to constitute and appoint the said Robert Wickliffe their lawful attorney in fact for the purpose of selling or adjusting their claims to land in this state, and in the same manner and to as full extent as if the said infants were of full age; and the said power, when so made, to have the same force and effect as if the infants aforesaid had attained their full age, any law to the contrary notwithstanding: Provided, however, That the said R. Wickliffe shall not pay over to the said Robert Walsh, the guardian of the infants aforesaid, the proceeds of any lands or other thing, sold as the property of said infants, until the said guardian shall duly execute and file in the orphan's court of the City of Philadelphia, bond in a penalty, and with security, to be approved of by said court, to faithfully pay over and account

to the infants aforesaid their respective shares, and shall cause the same, or a copy thereof, to be recorded in the clerk's office of the Court of Appeals of this state.

[Approved January 28, 1833.]

1833.

CHAP. 159.-AN ACT to establish an Election Precinct in the County of Ilenry.

Be it enacted by the General Assembly of the Common- Bounds of the wealth of Kentucky, That all that part of Henry coun- precinct, and ty lying and being in the following bounds: Beginning place of voting. at a point on the Shelby line, at or near Pigeon fork of Little Kentucky; thence with said line to the Oldham and Henry county line; thence with said line to a point where said line crosses the Little Kentucky; thence up the said creek to the Pigeon fork of said creek; thence up the same to the beginning, shall be an election precinct: and the elections shall be held at the house of Amassa Thompson in the town of Herndonsville, under the same rules and regulations that the elections are held in the other precincts in said county.

[Approved January 28, 1833.]

CHAP. 160.-AN ACT to change the places of voting in Everett's and Foreman's Botton Precincts, in Lewis County.

ed.

Sec. 1. Be it enacted by the General Assembly of the Place of voting Commonwealth of Kentucky, That the place of voting in Everett's in the election [precinct] called Everett's, in Lewis precinct changcounty, be changed from the house of John D. Everett's to the town of Concord, and the same rules and regulations shall be observed in voting and comparing polls as now directed by law.

bottom precinct

changed.

Sec. 2. Be it further enacted, That the place of vot- Place of voting ing in Foreman's bottom precinct, in Lewis county, in Foreman's be changed from the house formerly occupied by Green Smith, to the house now occupied by William Marshall, and the same rules and regulations shall be observed in voting and comparing polls as now directed by law governing elections in this commonwealth. [Approved January 28, 1833.]