nett shall not be entitled to any advantage in evading the consequences of said elleged offence, because of any continuance of said prosecution, arising out of this act. 1836 Power vest SEC. 4. The Fayette circuit court, upon the elec- ed in Fayette tion of said Connett, so to be tried therein, shall circuit court. have the same power to enforce the attendance of witnesses for both parties, and over all its officers, that it would have had in case the charge had originally been presented to it by a grand jury for Fayette county, and the alleged offence had been committed in said county of Fayette. Election of of SEC. 5. And be it further enacted, That the elec- said Connett, tion of said Connett being so made and entered of evidence record; shall be held as evidence of his consent to all consent to the the provisions of this act. provisions of this act. Fayette cir SEC. 6. And be it further enacted, That the circuit court of Fayette, shall have full and complete power cuit may take to take forfeitures of recognizances, and proceed forfeitures of therein, in case any of the witnesses fail to attend recognizdnces as &c. though said recognizances had been taken in said. court. Approved, February 12, 1836. CHAP. 156.-AN ACT to authorize the subscription of stock in the Louisville Bank of Kentucky. Governor to 5000 shares. subscribe for SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in pursuance of the nineteenth section of an act entitled, "an act to establish the Louisville Bank of Kentucky," approved the second of February, one thousand eight hundred and thirty-three, the acting governor of this commonwealth shall be, and he is hereby authorized, empowered, and requested, to subscribe for five thousand shares of the capital stock of said bank, in behalf of this commonwealth, and to pay for said stock, he is hereby authorized, empowered, and requested, to execute the bonds or scrip of this commonwealth, for the sum of five hundred thousand dollars, in such amounts as he shall find most advantageous, bearing interest at the rate of five per cent per annum, payable semi-annually, on the first Mondays in July and how money January in each year, at such place or places in the borrowed to United States, as he shall designate, and redeemable is to be reby this commonwealth, at any time after thirty years, deemed. When and 1836 Bonds and scrip to be sold for cash at par. at the pleasure of this commonwealth, on giving six CHAP. 157.—AN ACT allowing Spotswood Wilkinson to sell an interest in certain real estate for the devisees of E. P. Wilkinscn, deceased. SEC. 1. Be it enacted by the General Assembly of Bill in chan- the Commonwealth of Kentucky, That it shall be lawcery may be ful for Spotswood Wilkinson, to file a bill in chancery, filed against in the proper circuit court, against the devisees of Ě. devisess. P. Wilkinson, and the devisee of Julia Ann Street, Allegations who was one of the said devisees, alleging that he holds to be made certain lands and lots, in conjunction with the said therein. decree a sale, &c. devisees, and that the same cannot be advantageously divided amongst the claimants, and that it would be to the interest of the claimants to sell said lots and lands, and divide the proceeds; and should the court find that said lots and lands cannot be advantageously divided, and that it would be to their interest to sell Court may the same, and divide the proceeds, it shall be lawful for such court to decree a sale and conveyance thereof, and a division of the proceeds, and cause the share of the infants to be paid over to their respective guarBond and se- dians, first requiring from them bond and good secucurity to be rity, for the payment thereof, to the wards, with ingiven by guar- terest, as they shall be required to pay over, and account for any other funds in their hands, belonging to their wards, and in all other matters proceed, as in other chancery causes: Provided, That if said court find that a sale of said lands would be a violation of the will of the said E. P. Wilkinson, said court shall not decree a sale of the interest of the devisees. dians. Proviso. Approved, February 12, 1836. CHAP. 158. AN ACT to amend an act entitled, "an act to appropriate the vacant lands in this Commonwealth, east and north of the Tennessee river, to the counties in which they lie for the purposes of internal improvement. 1836 turn land of SEC. 1. Be it enacted by the General Assembly of Further time the Commonwealth of Kentucky, That the further allowed to retime of twelve months be given to all those indivi- fice warrants, duals holding land office warrants, or who may have surveys, &c. had surveys made by virtue of any land office warrant, since the first day of August one thousand eight hundred and thirty-five, to enter, survey, and return to the register's office, plats and certificates thereof, Register to and the register may, and he is hereby required to receive, issue receive into the office all such plats and certificates, and patents, &c. to receipt for and issue patents by virtue thereof, until the first day of August, one thousand eight hundred and thirty-six and not thereafter: Provided, That no such patent shall be valid against any entry, survey, or patent, made or granted, prior to the passage of this act, nor shall any entry, survey, or patent, which may be made under this act, be valid against any prior entry, survey, or patent. Proviso. Register to charge no fecs &c. warrants, north of Tennessee river. SEC. 2. Be it further enacted, That upon all surveys founded upon warrants granted for road purpo- for registering ses, &c. to the different county courts, no fees shall be charged for registering the same in the land office: for road purProvided, That nothing herein shall have any allu- poses, cast and sion to any section of this state except north and east of the Tennessee river: And provided, That all entrys, surveys, and grants, made upon such warrants which are made to interfere with any lands heretofore patented, shall be deemed and held to be null and void, to all intents and purposes whatever, in all courts of record, so far as the same may interfere with such patented lands. Approved, February 12, 1836. Warrants &c interfering with patented lands, deemed null and void. CHAP. 159.-AN ACT to amend the laws in relation to restraining orders in chancery. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the justices of the peace, authorized by the existing laws, to be selected by the several county courts, to grant writs of injunction and restraining orders, against absent defendants, 1836 &c. shall hereafter have full power to grant restraining orders, in all cases of equity, within their respective counties, under the rules and regulations prescribed by law, as to such restraining order, and the same proceedings shall be had thereon as are now had on such writs. Approved, February 12, 1836. CHAP. 160.-AN ACT to authorize Judge Kelly to hold a call court in Marion county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Judge Kelly be, and he is hereby authorized to hold a call court, in Marion county, for the purpose of appointing a clerk pro tem for the Marion circuit court, at whatever time it shall be convenient for him to hold the same. Approved, February 12, 1836. ed therein. CHAP. 161.-AN ACT for the benefit of the widow and heirs of SEC. 1. Be it enacted by the General Assembly of Administra- the Commonwealth of Kentucky, That it shall be lawtors and heirs ful for the administrators of John Smith, M. and the may file a bill in chancery. guardian or guardians of his heirs, if any there be, Allegations to file a bill in chancery in the Green circuit court, to be contain against the widow and heirs of said decedent, alleging that it will be more advantageous to the widow and heirs of the said decedent, to substitute land for the payment of the debts of the estate, instead of the personal property, and setting out the debts of the estate, and the particular land desired to be sold, and decree sale of it shall be lawful for said court, if it shall appear to land, if neces- the interest of the said widow and heirs of the said Court may sary. decedent, to decree a sale of land for the payment of the debts, and to direct what land shall be sold, and the minimum price at which it shall be sold, and in all other respects, proceed as directed by an act, entitled, How procced- "an act vesting jurisdiction in the circuit courts to authorize the sale of infants' estate in certain cases," approved, February third, one thousand eight hundred and thirteen; and said court shall cause the pro ings are to be had. ceeds of the sale of the land to be applied to the payment of the debts of the said decedent. 1836 Approved, February 12, 1836. CHAP. 162.-AN ACT to increase the Revenue. taxed. SEC. 1. Be it enacted by the General Assembly of Stock to be the Commonwealth of Kentucky, That the cashier of the Louisville Bank of Kentucky, shall, on the first day of July, 1836, and on the same day, annually thereafter, pay into the public treasury fifty cents on earch share held and paid for, by the stockholders in said bank. Cashiers to pay tax on SEC. 2. Be it further enacted, That the cashier of the principal bank of Kentucky, and the cashier of bank stock. the principal bank of the Northern bank of Kentucky, shall, on the first day of July, 1836, and on the first day of July in each succeeding year, during the continuance of their charters, pay into the public treasury fifty cents on each share of one hundred dollars in stock held and paid for, in said banks. Approved, February 12, 1836. CHAP. 163.-AN ACT for the benefit of George Wymore. Allegations to be made therein. Be it enacted by the General Assembly of the Com- May file a bill monwealth of Kentucky, That it shall be lawful for in chancery. George Wymore to exhibit a bill in chancery, in the Montgomery circuit court, against the heirs at law of David Yocum, deceased, and John S. Yocum, the administrator of said decedent, alleging that said administrator sold to the said Wymore a tract of land belonging to the heirs of David Yocum, deceased, and applied the proceeds to the payment of the debts of the said David Yocum; and that said land was sold for a full and fair price, and a sale thereof was necessary for the payment of the said Yocum's debts; rendered by and it shall be lawful for said court, if after causing for what purthe accounts of the administrator to be settled, it shall appear that a sale of said land was necessary for the payment of debts, and that said land was sold for a fair price, and the proceeds applied to the payment of debts, to confirm the sale and cause a conveyance thereof to be made to the said Wymore; Decree to he the court and pose. |