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and if it shall appear that said land was not sold for its full value, it shall be lawful for said court to decree a resale, for the payment of the money and interest, paid by the said Wymore: Provided, That the heirs of the said David Yocum, may, at any time before a re-sale of said land, pay to the said Wymore the money, with interest, advanced by him, to the payment of the debts of Jacob Yocum; and said court shall, in all other matters, proceed as in other chancery causes.

Approved, February 12, 1836.

CHAP. 164.-AN ACT for the benefit of William Wecks.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William Weeks shall be, and he is hereby released from all the pains and penalties of marrying a second time, notwithstanding his former wife, Martha, may be living at the time of such second marriage.

Approved, February 12, 1836.

CHAP 165.-AN ACT to amend the Owingsville and Big Sandy
Turnpike Road Company.

SEC. 1. Be it enacted by the General Assembly of Part of act of the Commonwealth of Kentucky, That so much of 1835 repealed. the act, entitled, "an act to incorporate the Owingsville and Big Sandy turnpike road company, approved, 27th February, 1835, as requires said road to be graded thirty-feet in width, be, and the same is hereby repealed, and the said road may be graded not less than twenty-four feet in width.

$45,000 appropriated to said road upon

certain conditions.

SEC. 2. Be it further enacted, That the sum of forty-five thousand dollars be, and the same is hereby appropriated to the completion of said road, out of the internal improvement fund, if the board of internal improvement shall deem that amount requisite, and that the road is of general utility to the state, after the same has been examined by the engineer, and the necessary estimates made, in addition to the sum heretofore granted, by an act to amend an act, making an appropriation to aid in the repair of the Big Sandy road, and to authorize a turnpike gate thereon, approved, February 1st, 1834.

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State to receive her por

SEC. 3. Be it further enacted, That the state shall receive her portion of the tolls and profits arising from said road, in proportion to the amount of stock owned therein, after deducting therefrom, her pro- tion of tolls. portion of the necessary expenditures, in keeping the same in repair.

are made, the

may

SEC. 4. Be it further enacted, That so soon as the When survey board of internal improvement shall have caused the and estimates necessary survey and estimates to be made, they board shall, (conditioned above,) subscribe the above men- subscribe for tioned sum on the part of the state, as stock in said stock. company, and the same shall be paid out of the funds before mentioned, at such times, and in such suns, as may be deemed requisite to the early completion of said road: Provided further, That the board of internal improvement shall have the power to discontinue any additional subscription, on the part of the state, for said road, if they are of opinion that the interest of the state require such discontinuance, and they shall report such their opinion to the legislature. SEC. 5. Be it further enacted, That the capital stock of said company, may be increased to the sum of one hundred thousand dollars.

This act not

of 1834.

Proviso.

SEC. 6. Be it further enacted, That nothing contained in the act entitled, "an act for the internal to prevent the improvement of the state of Kentucky, approved, appropriation February 28, 1835," or in this act, shall be so construed as to prevent the application of the ten thousand dollars, appropriated by an act entitled, "an act to amend an act making an appropriation to aid in the repair of the Sandy road, and authorize a turnpike gate thereon," approved, February 1, 1834, but the same shall be appropriated according to the provisions of the last mentioned act: Provided, That should the board of internal improvement make the subscriptions herein authorized, they are directed to subscribe the said sum of ten thousand, as so much stock in said company, in addition to the other subscriptions herein authorized by this act to be made, and not otherwise; and if the said ten thousand dollars should be subscribed as stock, under the provisions of this act, then the state to receive her portion of the tolls arising out of the said ten thousand dollars of stock, any thing in the 14th section of an act entitled, "an act to incorporate the Owingsville and Big Sandy turnpike road company," approved, February 27th, 1835, to the contrary notwithstanding: N

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And provided further, That the board of internal improvement is not to subscribe for any stock, under the provisions of this act, until it shall be made to appear to their satisfaction, that the sum of fifteen thousand dollars shall have been bona fide subscribed, by individuals, or bodies corporate, according to the provisions of the act, to which this act is an amendment; and the said board of internal improvement is hereby authorized to fix the rate of tolls upon raid road, so that the amount received, shall not exceed twelve per centum per annum, upon the amount of capital stock raid in, subject however, to the control of the legislature.

Approved, February 12, 1836.

and.

CHAP. 166.-AN ACT for the benefit of Sarah Ann, and Henry
Stemmons.

SEC. 1. Be it enacted by the General Assembly of May petition the Commonwealth of Kentucky, That it shall be lawto de- ful for Sarah Ann, and Henry Stommons, by their ree sale of guardian, to apply to the Nelson circuit court, by petition, in which they shall set forth the condition and probable value of their undivided interest in a tract of land which they own by the will of Micajah Glasscock, their grandfather, and to ask of said court to decree a sale of the same, which petition shall be verified by the oath of the guardian.

Allegations made

o be

herein.

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SEc. 2. Be it further enacted, That the said court shall appoint two house keepers, who shall report, on oath, the value of the said interest, and their opinion whether a sale of the interest of the said Sarah and Henry, in said tract of land, would be to the interest of said infants; and if the court shall be satisfied that such sale would redound to the interest of the petitioners, a decree shall be rendered, directing the sale to be made by commissioner, and the conveyance to be made, upon such terms, and on such credit, as will best promote the interests of the infants; and the court shall require from the guardian, before he shall be paid the proceeds of the sale, bond and good security that he will pay over, and faithfully account to his wards, the amount of money, and interest on the same, whenever legally required to do so,

Approved, February 12, 1836

CHLAP. 167.-AN ACT to amend the act, entitled, an act regulating the prices of taking up Boats and Craft on the Ohio

river.

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SEC. 1. Be it enacted by the General Assembly of Compensation for taking up the Commonwealth of Kentucky, That for the finding boats, &c. and taking up boats and water crafts on the Ohio river, under the provisions of the act, entitled, an act regulating the prices of taking up boats on said river, the owner thereof shall pay such taker up: for each steam boat, twenty dollars; for each horse boat, six dollars; for each flat (commonly called a New Orleans boat) if loaded, fifteen dollars; if unloaded, five dollars; for each keel boat, if loaded, ten dollars; if unloaded, five dollars; and for all other vessels, the same that the law on that subject directs.

Taker up t be compensa ted by owner.

Src. 2. Be it further enacted, That the owner of such boats or crafts shall pay to the taker up, a reasonable compensation per day, to be adjuged by some and how. justice of the peace, in, and for his county, where such application is made, together with all costs and expenses incurred in the taking up, and securing such boats and crafts, in addition to the provisions of the first section of this act; and in any case where such boat is not fully laden, a deduction accordingly shall be made from the increased price of taking up. SEC. 3. Be it further enacted, That the provisions of the above recited act, so far as comes within clause. the provisions of this act, shall be, and the same are hereby repealed.

Approved, February 12, 1836.

-Repealing

CHAP. 163.-AN ACT to amend an act to anthorise the sale of certain lands belonging to Edmund II. Taylor.

Whereas, the general assembly of this commonwealth, did, at its session in the year 1532, pass an act, entitled, an act to authorize the sale of certain lands belonging to Edmund II.Taylor: And whereas, It is represented to this general assembly, that Lec White, one of the commissioners appointed by the above act, has departed this life: Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Gabriel II. Barbour, be, and he is hereby appointed a comissioner, in the place of the said Lee White, deceased, who shall have

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such, and all the powers and privileges conferred by the above recited act on the above named Lee White, as fully as he himself had, when alive.

Approved, February 12, 1835.

CHAP. 169.-AN ACT for the benefit of Reuben Elliott.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Reuben Elliott be, and he is hereby restored to all the rights and privileges of a citizen of this commonwealth.

Approved, February 12, 1836.

CHAP. 170.-AN ACT for the benefit of Euphemia L. Schooler.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Euphemia L. Schooler be, and she is hereby divorced from her husband, William Schooler, and she is restored to all the rights and privileges of a feme sole, and to her maiden name of Euphemia L. Eldridge.

Approved, February 12, 1836.

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CHAP. 171.-AN ACT for the benefit of Rebecca Shepherd.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract existing between Rebecca Shepherd and Adkinson Shepherd, her husband, be, and the same is hereby dissolved, and the said Rebecca Shepherd is entitled to all the rights and privileges of an unmarried

woman.

Approved February 12, 1836.

CHAP. 172.-AN ACT to incorporate the Smithland General Insurance Company.

SEC. 1. Be it enacted by the General Assembly of Company in the Commonwealth of Kentucky, That David W. corporated. Patterson, James M'Cawley, William Gordon, Thomas M'Cormic, William Johnson, John Baylis, and

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