1833. in their corporate name of the trustees of the Barboursville Seminary, to sue, on motion, for any debt coming to said school, or be sued or motioned against for any debt contracted in their corporate capacity, due from said school according to the laws now in force in similar cases. debts owing in their corporate name. said county to make returns of fines, &c. to the Sec. 4. Be it further enacted, That the magistrates The officers of and clerks in said county shall, whenever called on by the trustees aforesaid, or their authorised agent, furnish, upon oath, a written statement of all fines and forfeitures inflicted before them or in their court, stating therein into whose hands they are lodged for collection. trustees. [Approved January 16, 1833.】 CHAP. 78.--AN ACT for the benefit of St. Joseph's College, at Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the students of St. Joseph's College be, and they are hereby, authorised to organise themselves into a separate independent militia company, by the name and style of the Union Cadets, and have the right to choose their officers: Provided, however, That they shall attend the regimental and battalion musters, as heretofore required of other independent companies, and remain subject to the same rules and regulations on parade., [Approved January 16, 1833.] Recital. CHAP. 79.-AN ACT for the regulation of the Town of Newmarket, in Washington County. Whereas, the county court of Washington, at their September term one thousand eight hundred and seventeen, established in said county, on the lands of Matthew H. Hall, Robert Scott and David Thurman, a town, to be called and known by the name of Newmarket, and vested the same in five trustees, to-wit: John Muldrow, Hugh Muldrow, William McAfee, James Mahan and David Hendley, all whom have removed except the said McAfee, whereby the said town remains without trustees. For remedy whereof, Sec. 1. Be it enacted by the General Assembly of the Trustees to be Commonwealth of Kentucky, That it shall and may be lawful for the free white male inhabitants of said 1833. town in March next. town over the age of eighteen years, and for the owners of lots in said town, to meet at the house of Wil- elected for said liam McAfee in said town, on the first Monday in March next, and elect five trustees for said town, who shall be citizens of said town or owners of lots therein, which trustees, when so elected, shall continue in office until their successors shall be duly qualified. Sec. 2. Be it further enacted, That it shall and may Trustees to be be lawful for the citizens of said town and owners of elected annually. lots as aforesaid, to meet at some public house in said town, on the first Monday in January in each and every year thereafter, and elect five fit persons as aforesaid, to act as trustees of said town for one year after their election, and until their successors shall be duly qualified. May levy a tax and property of said town. on the persons Sec. 3. Be it further enacted, That the trustees of said town shall have full power and authority to levy on the citizens' negroes and lots of said town, annually, as a tax, any necessary; sum not exceeding fifty dollars, to be applied under the direction of said trustees for the purpose of keeping the water, streets and alleys of said town in repair: and the said trustees shall have Powers granted full power and authority to open the streets and alleys to the trustees, of said town, and in all respects have the same power, and be governed by the several general laws for the regulation of towns in this commonwealth. [Approved January 16, 1833.] CHAP. 80.-AN ACT to establish an Election Precinct at the Great Be it enacted by the General Assembly of the Common- Boundary of wealth of Kentucky, That all that part of the county of the precinct Breckenridge included in the following bounds, viz: Beginning on Rough creek at the junction of the Breckenridge and Onio county lines; thence with the Ohio county line to Lewis Martin's; thence with the county line of Breckenridge and Hancock to the Dry fork of Rock Lick; thence down the same to the mouth of the Black Lick fork; thence a straight line to where the Hartford road crosses Long creek; thence to Alfred Owens'; thence to Cannon's ford on the North fork of Rough; thence to Franks' mill on the South fork of Rough, and down the same to the beginning, be, and the same is hereby, established an election 1833. Judges and clerk to be appointed to conduct the elections. precinct, by the name of the Rough creek precinct: and the sheriff shall hold elections therein at the Great falls of Rough creek, as he is now required by law at other precincts: and the county courts of Breckenridge are required to appoint judges and clerks for said precinct, as in other cases, and they shall be subject to the same rules and regulations, and, the officers attending, shall be entitled to the like compensation: Provided, The voters in said county shall have the right to vote at any legal place of voting in said county. [Approved January 16, 1833.] CHAP. 81. AN ACT for the benefit of William Sears. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the Land Office be and he is hereby directed to issue land warrants, of one hundred acres each, in the name and for the benefit of William Sears, for four hundred acres, without fee therefor, to be appropriated within the county of Pulaski. Sec. 2. Be it further enacted, That the said William Sears is hereby authorised to locate and survey fourhundred acres of the vacant lands within the bounds. aforesaid; and the Register of the Land Office shall, upon the return of the plats and surveys, made under said land warrants, register the same and issue patents thereon, without fee. [Approved January 16, 1833.] instrument of to have been executed may CHAP. 82.-AN ACT to amend the law of evidence in prosecutions for forgery. Be it enacted by the General Assembly of the ComThe person by monwealth of Kentucky, That it shall form no objecwhom a forged tion to the competency of any witness, introduced on writing purports the part of the Commonwealth, on the trial of a prosecution for forgery, that he or she is the person by whom the instrument charged to be forged purports to have been executed: Provided, however, That the judgment of conviction in the criminal prosecution, shall not destroy the legal validity of the writing. charged to have been forged, or be used in any civil controversy relative to the same: Provided, That noth be admitted as a witness on the trial. Proviso. ing herein contained shall be so construed as to take from the jury the right to judge of the credibility of the witness so situated. [Approved January 16, 1833.] 1833. CHAP. 83.-AN ACT for the benefit of the wife and children of William Green, a lunatic. Whereas, it is shewn to this General Assembly Recital. that William Green, of Boone county, is a lanatic, and that it is right and for the advantage of his family that a committee should be appointed to take the management of his estate, and that an applicatoin to the circuit court of said county, for the appointment of such committee, was prevented by a failure in the judge of said court to hold the last November term of said court. Therefore, A committee appointed to take charge and manage his es tate. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Mary Green, the wife of said William Green, and Jeremiah Garnett be, and they are hereby appointed a committee to take the charge and management of the estate of said William Green, and that said committee shall have as full power over said estate, and be liable to the same responsibilities and duties, and be governed by the same laws as if they had been appointed by said circuit court; and that they particularly give such bond To give bond and security in said court, at the next term of said and security. court, as the laws regulating the duties of committees of lunatics require, and as said court may direct; and that they have no power to collect any money due to the estate of said William Green until they have executed said bond, but that they have power to do all other things, in relation to said estate, that they could do had they been appointed by said court. sole. Sec. 2. Be it further enacted, That said Mary Green, Mary Green alfrom and after the passage of this act, shall have all lowed the priv the power and rights of an unmarried woman, in rela- ileges of a feme tion to and over all property which may be the product hereafter of the industry of herself and minor children, or which sie my hereafter derive by devise, purchase or gift from any one; and that she shall, a“ ter the passage of this act, have power, right and authority to trade and do business, sue and he sued, as an unmarried woman: Provided, That all the rights, Provise. powers and authority hereby granted, in this section, G* 1833. to said Mary Green, shall cease and be at an end whenever said William shall be restored to his right mind: but all her acts, done by virtue of this section, during the lunacy of said William, shall be good and valid. [Approved January 16, 1833.] CHAP. 84.-AN ACT declaring John's Creek, in Floyd and Pike Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after [the] passage of this act, John's creek, in Floyd and like counties, shall be declared a navigable stream, from its mouth to the mouth of Racoon creek in Pike county: and any person or persons placing obstructions in said stream, to prevent the free passage of water vessels of any description, shall be liable to all the penalties now prescribed by law for like offences. [Approved January 19, 1833.] CHAP. 85.-AN ACT for the benefit of the Sheriff of Hickman Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sheriff of Hickman county shall be allowed to execute the usual bonds of his office for the collection of the revenue and county levy, at the next February or March term of the Hickman county court: which bonds, when so executed, shall be as valid and have the same effect as if they had been regularly executed at the proper time required by law. Sec. 2. Be it further enacted, That the said sheriff is hereby allowed until the first day of June next, to make out and forward to the Auditor of Public Accounts his delinquent list for the year 1831, which delinquent list, when so returned, shall be received and allowed by the Auditor, in the same manner as if the same had been regularly returned. · [Approved January 19, 1833.] |