to the head of Galloway creek; thence down the same to its mouth; thence down Cumberland river to the Monroe county line; thence with the Monroe county line to the beginning; shall constitute an election precinct in Cumberland county, called and known by the name of Kettle creek precinct: and all the qualified voters residing within said precinct may vote in all legal elections at the house of Daniel Mirley: Provided, It shall be lawful for any of the qualified voters residing within said precincts to vote at the court-house of said county if they shall so elect. [Approved January 2, 1833.] CHAP. 39.-AN ACT increasing the jurisdiction of the Trustees of the town of Franklin, Simpson county. 1833. or close up the alleys of the Be it enacted by the General Assembly of the Common- Trustees auwealth of Kentucky, That the trustees of the town of thorized to shut Franklin, Simpson county, are hereby authorised and empowered to close and shut up any alley or alleys in said town, and vest the title in said alley or alleys in the owner or owners of any lot or lots on either side thereof. [Approved January 2, 1833.] town. CHAP. 40.-AN ACT to legalise the proceedings of the Christian and Barren County Courts in appointing Commissioners of Tax, and for other purposes, tian county courts legalized Sec. 1. Be it enacted by the General Assembly of the The proceed Commonwealth of Kentucky, That the appointment of ings of the Barcommissioners of the tax, made by the county court ren and Chrisof Christian county at their present December term of said court, and the appointment of commissioners of the tax made by the county court of Barren county, at their last November term of said court, is hereby declared legal and valid to every intent and purpose, as it would have been if said appointments had been made agreeably to the existing laws. Sec. 2. Be it further enacted, That where any of the county courts of this commonwealth appointed commissioners of the tax at their November term, the same is hereby declared legal and valid to every intent and purpose, as it would have been if said appointments had been made agreeably to the existing laws. [Approved January 2, 1833.] And of all othcounty courts er in relation to that subject. 1833. CHAP. 41.-AN ACT to change the Constable's District in the 1st Battalion, 88th Regiment, K. M., and to change a Constable's District in the County of Estill. Sec. 1. Be it enacted by the General Assembly of the Bounds of con- Commonwealth of Kentucky, That the bounds of the stable's district constable's district in Henry county, which is composin Henry chaned of the first battalion, in the 88th regiment of Kentucky militia, shall be, and the same is hereby, extended so as to include the town of New-Castle within the bounds of said district. ged. In Estill may be changed. Sec. 2. Be it further enacted, That the county court of Estill county be, and the same is hereby, authorised to extend the boundary of the constable's district in said county, composed of the town of Irvine, to such extent beyond the limits of said town as said county court may deem expedient. [Approved January 2, 1833.] The commit tees of lunatics may have such sylum. CHAP. 42.-AN ACT to amend the law concerning the Lunatic Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the committee of any person, who may be regularly found to kept in the A- be a lunatic, shall have the privilege of having such lunatic kept in the Lunatic Asylum upon the same terms the state is charged: Provided, That the committee shall annually pay in advance the same sum paid by the state: Provided, also, That said committee shall have the privilege of providing any additional comforts beyond what are provided by the state at their own expense, and in such way as may be agreed upon by the keeper of said Lunatic Asylum and the committee of such lunatic. Sec. 2. Be it further enacted, That so much of the first section of the act, entitled, "An act to amend the law in relation to idiots," passed 2d day of December, 1831, as requires the circuit court to certify (in cases where idiots are removed from one county to another,) "that no application hath been made to the circuit court in which the inquest was found, and that none will be," shall be, and the same is hereby repealed; and hereafter no application shall be made in the county where the inquest is found, where a removal has taken place under the aforesaid recited act, 1833. Sec. 3. Be it further enacted, That when it shall appear to the satisfaction of the court, that any idiot or lunatic is permitted to go at large, and, in the opinion Idiots or lunaof the court, is dangerous to the people of the neigh- large may be borhood, it shall be the duty of said court to order ordered to the said idiot or lunatic to the Lunatic Asylum. Sec. 4. Be it further enacted, That idiots or lunatics thus ordered to the Lunatic Asylum, if they have an estate, the proceeds of which are sufficient to maintain the said idiot or lunatic in said asylum, the court shall make the necessary order to appropriate the samé accordingly. tics going at Asylum by the circuit courts. Persons confinfum may be coned in the Asyfined to moderate labor. Sec. 5. Be it further enacted, That where, in the opinion of the physician and trustees of the asylum, any person confined in the asylum ought to perform moderate and necessary labor, it shall be lawful for the trustees and the manager to assign to any such person labor or work to perform: and where any person shall perform work which, in the opinion of the trustees, will entitle such person to an allowance or abate- For which an ment out of advances made by the committee for the allowance shall support of the lunatic, it shall be lawful and proper for the trustees to do so: and the said trustees are further authorised to sell or exchange the product of all such labor, or appropriate it in the best way they can for the use of the asylum and comfort of the subjects of confinement. [Approved January 2, 1833.] be made. CHAP. 43.-AN ACT to allow the Independent Banks of this Commonwealth further time to settle their concerns. their concerns. Sec. 1. Be it enacted by the General Assembly of the Three years alCommonwealth of Kentucky, That the further time of lowed to close three years, from and after the passage of this act, be allowed the several independent Banks of this commonwealth to close their concerns: and during that time their agents may respectively sue and be sued, implead and be impleaded, and prosecute suits now depending in all courts of justice, as fully and compl tely as if the act approved February 1, 1828, entitled, "An act to authorise the stockholders of the la e Independent Banks to elect agents to close the concerns of said banks, and for other purposes," had not expired. D* 1833. The act of 1830 revived Sec. 2. Be it further enacted, That the act approved January 7th, 1830, entitled, "An act to allow the Independent Banks in this commonwealth further time to settle their concerns," be, and the same is hereby, in force 3 years. revived and continued for the further term of three years, from and after the 7th day of January, 1833. [Approved January 2, 1833.] and continued to be held. CHAP. 44.-AN_ACT to change the time of holding the Spencer Circuit and County Courts, and the County Courts of Shelby. Sec. 1. Be it enacted by the General Assembly of the Circuit courts of Commonwealth of Kentucky, That the court for the Spencer when circuit of Spencer, instead of commencing on the first Monday in February in each year, shall commence on the fourth Monday in November in each year, and shall contiue six juridical days if the business of said court may require it. Writs,subpœnas, &c. made returnable to the May term. Sec. 2. Be it further enacted, That all suits and motions set for trial at the February term, shall stand for trial at the May term, and subject to the same rules and regulations as if the court had set at the February term: and that all writs and subpoenas made returnable to the February term stand returnable to the May term, and have the same effect as if they had been made returnable to the May term: and all recognizances and pleas of the commonwealth shall stand for trial and be returnable to the May term, in the same manner as they would at the February term. Sec. 3. Be it further enacted, That the justices of County court of the county court of Spencer county shall hereafter Spencer to hold hold an annual term on the second Monday in Febalso a term on the second Monday in Novemruary, ber in each year. a term in Feb. and Nov. County courts of Shelby to be held on second Mondays of each month. Sec. 4. Be it further enacted, That the county courts of Shelby county shall hereafter be held on the second Mondays in each month, instead of the third as now provided by law. [Approved January 2, 1833.] CHAP. 45.-AN ACT for the benefit of Allen Taylor. Whereas, it appears to the present General Assembly, that two certificates for land issued to John Moore, that one of said certificates, No. 1000, issued for lands in Warren county, and the other, No. 2449, is supposed to have issued for land in Logan county, and that said Moore sold Jonathan Rossell the tract of land in Warren, and that said Rossell thereafter sold said land to John McFadden, but in said sale stated the land to have been held by certificate, No. 2449, in consequence of which mistake the payments of the state price for one hundred and ninety-five acres, the amount of land surveyed on certificate number one thousand, have been applied to certificate number twenty-four hundred and forty-nine, although it does not appear that any survey hath ever been registered in the name of said Moore, or another, on said certificate, twenty-four hundred and forty-nine. It also further appearing to the Legislature that the title to the land, embraced in certificate number one thousand, is vested in Allen Taylor, who is unable to obtain a grant for said land, in consequence of the mistake in applying the payments as aforesaid, and the said Allen Taylor having applied to the Legislature for redress. For remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the Land Office shall be and he is hereby authorised to issue a patent to said Allen Taylor, agreeably to the survey on certificate number one thousand aforesaid, without his paying the price on that certificate: Provided, however, That nothing in this act shall be so construed as to prevent the state, by suit or otherwise, from hereafter recovering from said Allen Taylor the amount on certificate, number one thousand, if it shall at any time appear that there is no error in the payments made, and that they have been properly applied to certificate two thousand four hundred and forty 1833. nine. [Approved January 2, 1833.] CHAP. 46.-AN ACT for the benefit of George Coleman and others. SEC. 1. Be it enacted by the General Assembly of the Permission givCommonwealth of Kentucky, That the county court of en to erect gates Bath county may permit George Coleman to erect across certain gates across Myers' mill road, or that part of the road which passes over the lands of said Coleman; and that the said court may likewise permit Jefferson Bailey roads in Bath. |