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1836

"an act regulating the public roads and highways in Bracken county," approved, February 25, 1835, shall, and is hereby declared to be the road law of said Act approved county, and is revived in full force, subject to the al- Feb. 25, 1835, terations and amendments hereinafter provided.

Commission.

pointed.

SEC. 2. Be it further enacted, That the Bracken county court, a majority of all the justices in commission being present, shall at their next April, May, June, or July terms, appoint road commissioners for ers to be ap the county, in the districts designated in said act, who shall qualify and perform all the duties therein en- Court to fix joined; and the court shall fix the compensation of their compensaid commissioners, at any sum not exceeding one dollar and fifty cents each, per day, for every day's service rendered by them, under the provisions of said act, to be paid as said act directs.

SEC. 3. Be it further enacted, That the said commissioners may fix the amount of poll tax on white tytheables, free negroes, and mulattoes, at any sum not exceeding one dollar and fifty cents, to be paid by each individual.

sation.

Poll tax.

Persons in

SEC. 4. Be it further enacted, That any person or persons whatever, residing in the town of Augusta, Augusta who own property in the county, without the bounds pay revenue. of said town, shall be required to pay over to the collector of the road revenue, the amount of tax due for said property, for road purposes, or to furnish labor on the road, in the precinct in which it lies, equal to the amount of said tax, at the rate provided for in the fifth section of said act, any law to the contrary notwithstanding.

to

Fines and for

SEC. 5. Be it further enacted, That all the fines and forfeitures described in the thirteenth section of feitures how said act, shall be paid over to the county court, upon paid. their order, and applied to lessening the county levy and the improvement of roads, to be collected and accounted for according to the provisions and remedy afforded in said section.

SEC. 6. Be it further enacted, That if said county court shall not be able, at any of their terms aforesaid, to procure any person or persons to perform the office of road commissioner in said county, according to the provisions of said act, and the amendments herein contained, then, and in that event, the road law of said county, shall be, and remain as if this act had never passed: Provided also, That so much of said act, approved, February 25, 1835, as is inconsist

If commissioners can

not be had the road law to retofore.

main as here

1836

ent herewith, and all laws to the contrary, shall be, and are hereby repealed.

Approved, January 9, 1836.

CHAP. 15-AN ACT to change the time of holding the circuit and county courts in Monroe county.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the fifteenth day of May next, the Monroe circuit court shall sit on the fourth Mondays in April, July and October in each year, and may continue to sit ten juridical days at the April and October terms, and six days at the July term.

SEC. 2. Be it further enacted, That from and after the fifteenth day of May next, the county court for Monroe county, shall sit on the fourth Mondays in the months in which the circuit courts do not sit.

Approved, January 9, 1836.

CHAP. 16.-AN ACT for the benefit of William Dills.

Whereas, it is represented to the present General Preamble. Assembly, that William Dills of Union county, located a land warrant, No. 21480, granted to Lewis R. Richards, on fifty acres of land in said county of Union, on the waters of Trade Water River, and that said survey was not made by the county surveyor of said county, on said warrant, until the 20th day of August, 1835, at which time the law had expired authorizing the appropriation of land within this Commonwealth, by virtue of any Kentucky land office warrant, granted to private individuals; Therefore.

issue patent.

Be it enacted by the General Assembly of the ComRegister to monwealth of Kentucky, That it shall be the duty of the Register of the land office, to receive and register said plat and certificate in his office, and issue a patent thereon, to said William Dills, for said fifty acres of land, any law or usage of this Commonwealth to the contrary notwithstanding.

Approved, January 9, 1836..

CHAP. 17.-AN ACT to amend an act entitled, "an act to incorporate the Georgetown Female Academy,"

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the chairman and four members of the trustees of the Georgetown Female Academy, shall constitute a board to transact business; the chairman and six members shall be necessary to form a quorum to sell, alienate, or convey real estate, the property of said body corporate.

Approved, January 9, 1836.

1836

CHAP. 18.-AN ACT giving three additional terms to the county court of Nicholas.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That three additional terms, in each and every year, shall be, and are hereby given and added to the county court of Nicholas county, which additional terms shall commence and be held on the third Mondays in March, June, and September, in each and every year.

Approved, January 9, 1836.

CHAP. 19.-AN ACT for the benefit of the representatives and heirs of Thomas Shadburn and Peyton L. Parrish.

Whereas, it is believed that a sale of a portion of Preamble. the real estate of Peyton L. Parrish deceased, for the payment of his debts, would better promote the in terest of his infant heirs than to apply the personal estate in the hands of the administrator; and that a like sale of the real and personal estate of Thomas Shadburn deceased, for the purpose of paying the debts of the deceased, and of making distribution of the remainder of the proceeds, would be to the interest of the heirs of the said Shadburn: Therefore,

SEC. 1. Be it enacted by the General Assembly of The ex'ors. the Commonwealth of Kentucky, That it shall and adm'rs & heirs may be lawful for the administrators, executors and of Parrish and the heirs, of said Parrish and Shadburn, respectively, Shadburn may petition circ't by petition to the circuit courts in which the estates courts to sell are situated, truly, so far as they can, to state the real estate, to condition and situation of the estates respectively pay the debts. under their charge and belonging to them, and the

1836

sworn to.

amount of debt or debts which is owing by said decedants; and also their opinion of the propriety of Petitions to be selling the same for the purposes aforesaid; which petitions shall be verified by the oath or affirmation of the personal representatives and of the guardian of the infants; and if upon due examination of the same, and upon hearing other proof by affidavit or Court may otherwise, the court shall be satisfied that a sale of the estate is necessary for the payment of the debts, and will promote the interest of the infants, they shall upon the petition of the representatives of Parrish, decree a sale of a house and lot in the town of Russellville being part of lot number

decree a sale,

&c.

upon such credit, as to the said court shall seem best. SEC. 2. Be it further enacted, That upon the pe

Sale of lot tition of the representatives of Thomas Shadburn, number 47, in verified and sustained by evidence in like manner, Bardstown, to the court shall have power to decree a sale of the

be decrced.

house and lot number forty-seven, owned in Bardstown by said Shadburn, and if the court shall believe it to be the interest of all the representatives and distributees of said Shadburn, they shall decree a sale likewise, of the slaves of said decedant upon such credit and terms as the court shall deem most advantageous. SEC. 3. Be it further enacted, That it shall be the Proceeds of duty of the courts respectively to make such order sale to be first for the application of so much of the proceeds of the applied to payment of debts. sales aforesaid as shall be sufficient to pay the debts, and then for the payment over to the distributees or their guardians, of the overplus, if any, according to their respective interest; and they shall also, by decree or order of court, ascertain and settle out of the proceeds of the estate, with the consent of the parties or guardians, the proportion of such surplus, to which the widow or widows may be entitled as dower, and commute the same for a certain interest in lieu of an interest for life, upon equitable principles.

SEC. 4. Be it further enacted, That it shall be the Courts to duty of the said court to make all necessary orders make all ne and decrees to effect the objects of this act, and to cessary orders &c. require of such person or persons, as may be appointed to collect the money and pay over the same, bond' and security for the discharge of his or their duty.

Approved, January 9, 1836.

CHAP. 20.- AN ACT for the benefit of Sophia Warrener.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Sophia Warrener and Iverson L. Warrener, be, and the same is hereby dissolved, on the part of the said Sophia Warrener and that she be restored to all the privileges of a feme sole.

SEC. 2. Be it further enacted, That the said Sophia Warrener be restored to her former maiden name of Sophia Gragg.

Approved, January 22, 1836.

1836

CHAP. 21.-AN ACT for the relief of the infant devisees of

Thomas Berryman, deceased.

court.

in

Court may de

cree sale, &c.

SEC. 1. Be it enacted by the General Assembly of Petition may the Commonwealth of Kentucky, That it shall and be filed may be lawful, for Thomas A. Burks, Sally Ann Burks, Mercer circuit Mildred Berryman and Allen Berryman, infant devisees of Thomas Berryman, deceased, by their respective guardian or guardians, to file their petition in the Mercer circuit court, praying for the sale of their interest, right, title, and estate, in and to, a certain brick house in the town of Harrodsburg, and the ground on which it stands, being the same conveyed to said Thomas Berryman, by deed dated, 15th April, 1820, by Joel P. Williams, and of record in the Mercer county court clerk's office; and if on the hearing of the cause, it shall appear to the court that such sale will advance the interest of said infant devisees, the judge shall decree a sale to be made in such manner as he shall think most for the advantage of said infants, subject however to the final ratification of the court; and the judge, on confirming the sale, shall, and may make such order or decree for the payment of the purchase money, to the guardian or guardians of said infant or infants, or to such other person as the court shall think proper, to be loaned out at interest or invested in land in or out of the state, for the benefit of said infants, until they shall severally arrive at the full age of twenty-one years; Bond to be and if necessary, the court shall and may take bond given by guarand security of said guardians, or such other person fants. as may be appointed, for the faithful investment on

Money arising from sale may be loaned out, &c.

dians of in

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