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1832.

Time of hold

ing courts in

CHAP. 25.-AN ACT to change the time of holding the Lewis and
Greenup Circuit Courts, and for other purposes.

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Lewis circuit court shall hereafter commence on the second MonLewis county. day in April, the second Monday in June, and the second Monday in October, and continue six juridical days if the business thereof require it.

Greenup.

Warren.

Logan.

Allen.

Simpson.

Edmonson.

Process, &c.

Sec. 2. Be it further enacted, That the July term of the Greenup circuit court shall hereafter commence on the second Monday instead of the first Monday in July, and continue six juridical days if the business thereof shall require it.

Sec. 3. Be it further enacted, That the law now in force, authorising a separate chancery term to be held in and for the circuit of Warren county, be, and the same is hereby repealed: and that the terms of the said Warren circuit court shall consist of eighteen juridical days instead of twelve, as heretofore, whenever there are five Mondays in any month in which said court is held.

Sec. 4. Be it further enacted, That so much of the laws now in force, which authorises a separate chancery term to be held in and for the circuit of Logan county, be, and the same is hereby repealed: and that hereafter the Logan circuit court, shall commence its terms on the first Mondays in April, July and October, and continue twelve juridical days if the business of the court require it; and the Allen circuit court shall hereafter commence its terms on the second Mondays in May, August and November, and continue six juridical days if the business of the court require it; and the Simpson circuit court shall hereafter commence its terms on the third Mondays in May, August and November, and continue six juridical days if the business of the court require it; and the Edmonson circuit court shall hereafter commence its terms on the first Mondays in May, August and November, and continue six juridical days if the business of the court require it.

Sec. 5. Be it further enacted, That process and reCognizances made returnable to and requiring appearwhen returned. ances at the spring terms of the aforesaid courts, as now fixed by law, shall be returnable to and require appearances at the spring terms of said courts, as the same are fixed by this act.

Mercer added

to the 12th judicial di

Sec. 6. Be it further enacted, That the county of Mercer be, and is hereby added to, and shall hereafter compose a part of, the twelfth judicial district.

court

1832.

Sec. 7. Be it further enacted, That the county court of Simpson shall hereafter commence its terms on the third Mondays in each month in which there shall be Simpsoncounty no sessions of the circuit court in said county; and the county court of Allen shall hercafter commence its Allen county terms on the second Mondays in each month in which court. there shall be no sessions of the circuit court in said

county.

[Approved December 22, 1832.]

CHAP. 26.-AN ACT to authorise the sale of a part of the real estate of Everard Clark, to pay his debts.

Whereas, it is represented unto the General Assem- Recital. bly of this commonwealth, that Everard Clark, late of Barren county, died, having appointed William B. Cook and Braxton B. Courts his executors, and guardian to his infant and only child, Lucinda C. Clark: And, whereas, the said Cook and Courts have petitioned this legislature to authorise the Barren circuit court to decree a sale of part of the lands belonging to the estate of the said Everard Clark, deceased, to enable them to pay off the debts of the said Everard Clark, deceased. Wherefore,

authorized to

of debts.

Be it enacted by the General Assembly of the Common- The Barren wealth of Kentucky, That it shall and may be lawful circuit court for William B. Cook and Braxton B. Courts, execu- 'decree the sale tors of the last will and testament of Everard Clark, of certain lands deceased, and testamentary guardians of the infant for the payment daughter and only child of said Everard Clark, dec'd. to-wit: Lucinda C. Clark, to file their petition in the Barren circuit court, praying that they may be authorised to sell, for the purpose of enabling them to pay the debts of the said Everard, deceased, a tract of land lying in Barren county, on Little Barren river, containing one hundred and ninety acres: also, all the interest which the said Everard was entitled to, at his death, in and to a tract of land lying in Hickman county, containing six hundred sixty-six and two third acres. also, a house and lot and some unimproved lots in the town of Edmonton, in Barren county; and on a petition being filed, if it shall appear necessary for the payment of said Everard's debts, and for the benefit of the said infant, Lucinda C. Clark, that then, and in that case, the circuit court of Barren shall order and decree that the executors and guardians aforesaid,

C

1832.

Conveyance to be made, &c.

make sale of said lands and town property, either for money in hand or upon a credit, as the court may think best, or any part of it: and that the executors and guardians aforesaid, together with the said infant, make a conveyance of said lands and town property so sold, to the purchaser or purchasers; the said court shall take bond and good security from the said executors and guardians, for the faithful application of the money arising from the sale of the lands and town' property aforesaid, according to the directions of its decree; it shall also be lawful for said court to make such other order or decree as may be necessary to the case.

[Approved December 22, 1832.]

Recital.

'The Barren

thorized to decree a sale of certain land.

CHAP. 27.-AN ACT for the benefit of Mary Goodwin.

Whereas, it is represented to the General Assembly that Mary Goodwin, a lunatic, is entitled to a dower estate in seventy-eight acres of land, lying in Barren county, Kentucky, and there is not timber sufficient on said land to keep the fences in repair, and that the houses are decaying, and the rents producing but little: and the heirs of the said Mary Goodwin have petitioned the legislature to pass a law authorising a sale of said tract of land, representing that a sale will be for the interest of the said Mary Goodwin and the heirs. Wherefore,

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for eircuit court au- the heirs and representatives of Thomas Goodwin, late husband of the said Mary Goodwin, or any of them, to file their bill in chancery in the Barren circuit court, setting forth the reasons and causes why they desire a sale of the interest of the said Mary in said dower land, making the whole of the heirs, and the said Mary and her committee, parties: and it shall be the duty of the court to cause the heirs, said Mary and her committee, to be duly summoned; and if, on the hearing of the cause, it shall appear to the court that it will advance the interest of the said Mary Goodwin to sell her right, title and claim to the property, the judge shall decree a sale to be made, in such manner as he shall think most for the advantage of the said Mary Goodwin, subject however to the final ratification of the court; and the judge, on confirming

the

the sale, shall and may make such order or decree for payment of the purchase money to the committee of the lunatic, or to such other person as the court may think proper, for the use and benefit of the said Mary Goodwin, and, if necessary, to take bond and security of the committee aforesaid, or other person, if directed to be paid over to any person other than the committee aforesaid, for the faithful payment of said money according to the decree of said court.

1832.

be made to the

Sec. 2. Be it further enacted, That after confirming And to cause a the sale, it shall be lawful for the court to cause the conveyance to interest so sold to be conveyed to the purchaser by a purchaser. deed in writing, to be signed and sealed by a commissioner to be appointed by the court, which deed shall be exhibited by the commissioner and acknowledged by him in open court, and, after being approved by the court, shall be entered at large on the order book, and be effectual to pass all the right, title and claim of said Mary to the purchaser.

[Approved December 22, 1832.]

CHAP. 28. AN ACT for the benefit of the Sheriff of Scott County, and for other purposes.

Whereas, it is represented to the General Assembly Recital. of the commonwealth of Kentucky, that the sheriff of Scott county, who acted as collector of militia fines assessed by the 77th and 12th regiments, in the year 1830 and 1831, failed to make due return of his delinquent lists. Wherefore,

Sheriff of Scott may return cerlists of militia fines to the

tain delinquent

the 77th & 12th

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said sheriff on making oath, by himself or deputies, to said delinquent list or lists, before any justice of the peace for Scott county, Kentucky, and on producing the same, with Paymaster of the said justice's certificate of said oath thereon, to the paymasters of said regiments, shall receive a credit for the amount thereof on settlement of said delinquent list or lists, and the paymasters shall have the same credit allowed them on settlement of their accounts with the officers of said regiments.

Regiments and receive credit

therefor.

thorized to col

Sec. 2. Be it further enacted, That the collector of The collector of fines in the 38th regiment of Kentucky militia, shall fines in the 38th have full power to collect all fines assessed by the Regiment aucourt of assessment of said regiment for the years lect the fines aseighteen hundred and thirty and eighteen hundred sessed for 1830 and thirty-one.

and 1831.

Approved December 22, 1832.]

1832.

The owners of covering horses,

&c. may stand them in any county in the state.

CHAP. 29.-AN ACT to amend An Act requiring Tavern keepere, Pedlars, and the owners of covering Horses and Jacks, to pay taxes in advance, and obtain license, approved December 22, 1831.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the owners of covering horses and jacks, after obtaining a license, to stand such horse or jack in any county or counties in this commonwealth, during the continuance of the license.

[Approved December 22, 1832.]

CHAP. 30.-AN ACT continuing in force the law providing for the appointment of Commonwealth's Attorneys.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the provisions, now in force, of an act, entitled, "An act providing for the appointment of commonwealth's attorneys," and which was approved January the twelfth, one thousand eight hundred and thirty-one, shall continue, and remain in force, for two years, from and after the end of the present session of the General Assembly: Provided, That should the present session of the Legislature not end before the twelfth day of January next, the provisions aforesaid of the act aforesaid are not to cease to be in force, but they shall continue and remain in force from the passage of this act until the expiration of the two years aforesaid.

[Approved December 22, 1832.]

CHAP. 31.-AN ACT to regulate the fines and forfeitures of Russell

county.

Be it enacted by the General Assembly of the CommonThe fines and wealth of Kentucky, That the funds on hand, and not forfeitures aris- paid over, and those hereafter arising from fines and ing in said coun- forfeitures in the county of Russell, be, and the same ty to be applied is hereby directed to be applied to the erection of the of the academy. Russell Academy; and that the trustees of said acade

to the erection

my are hereby authorised and directed to receive the funds aforesaid, and to cause said academy to be erccted so soon as the funds they may have on hand may enable them to do so..

[Approved December 22, 1832.]

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