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Mountsterling to the Virginia line; which road, when so changed, shall be governed, in all respects, by the laws now in force.

1830.

CHAP. CCXLIX.

AN ACT for the benefit of Phebe Barnes and children.
Approved, January 18, 1830.

1..

WHEREAS, it is represented to the present Gen- Preamble. eral Assembly, that George Stockton, sen. did, by his last will and testament, devise to his daughter, Phebe Barnes, the wife of Joseph Barnes, about sixty acres of land, upon which they resided, for and dur ing her natural life, and at her death to pass to her children, (some of whom are infants,) and that it would conduce greatly to the interest of the said Phebe and her children, to sell the same, and that the proceeds thereof be vested in other lands: Wherefore,

SEC 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the said Joseph Barnes and Phebe his wife, and the adult heirs of said Phebe, on behalf of themselves and the infant heirs, to file their petition in the Fleining circuit court, setting forth the facts and circumstances upon which they rely; and the said court shall be authorized to hear, by parol, the testimony of any witness which may be produced; and if upon the hearing of said cause, the court shall be of opinion that it will conduce to the interest of said Phebe and children to sell said land, and that the proceeds thereof be vested in other lands, to direct, by his decree, a sale thereof, upon such terms as to him may seem proper, and that the proceeds of said sale be vested in other lands, the title of which is to be taken to said Phebe for and during her natural life, and at her death, to pass to her heirs, agreeably to the provisions of said will.

Sec. 2. Be it further enacted, That if the said court shall direct a sale of said land, they shall appoint one or more commissioners, for the purpose of selling, conveying and vesting the proceeds in other lands, agreeably to the provisions of this act, who shall execute bond with approved security, before

Fleming eircuit court may of a tract of land.

decree a sale

1830.

said court, to execute faithfully, all the duties enjoinupon him or them by this act, and the decree of said court.

CHAP. CCL.

AN ACT to authorize the insertion of advertisements in "the Winchester Republican," printed in Winchester.

Ap roved, January 18, 1830.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it may and shall be lawful, to publish in the newspaper printed in the town of Winchester and county of Clark, called "the Winchester Republican," all advertisements required or authorized by law, except such as are exclusively required to be inserted in the newspaper of the public printer; and all orders, advertisements and publications made in said newspaper, shall be as legal and effectual as if made in any other authorized newspaper in this state; and it shall be lawful for the editor of said paper to charge the like fees, and make such certificates, as are authorized to be charged and made by law.

Preamble.

CHAP. CCLI.

AN ACT for the benefit of the heirs of George Watters, deceased.

Approved, January 18, 1830. WHEREAS, it hath been represented to this General Assembly, that George Watters late of Barren county departed this life seized of four hundred acres of land in said county, and adjoining the lands of Jennings, McDaniel and others, and that said Watters, by his last will and testament, directed an equal divison of his real and personal estate among his children and heirs, five in number: And whereas, it hath been also represented that commissioners have been appointed by the county court of Barren to divide said estate according to the directions of said will, who have accordingly made an equal division of said four hundred acres of land

among said heirs; and whereas, it also appears that Fleming Watters one of said heirs is an infant; and that the guardian of said infant hath consented to and ratified said division, and that said division is satisfactory to all the rest of said heirs.

1830.

SEC. 1. Be it enacted by the General Assembly of the A division of Commonwealth of Kentucky, That the division of said land legalized. four hundred acres of land, as made by the commissioners aforesaid, appointed by the Barren county court, be and the same is hereby declared to be valid, and the title vested in the persons entitled to the respective lots of land according to said division: Provided, that the guardian of said infant heir of said George Watters, deceased, lawfully appointed, gives his consent thereto in writing, to be filed in the clerk's office of the Barren county court.

CHAP. CCLII.

AN ACT for the benefit of Samuel Campbell, late sheriff of Caldwell county.

Approved, January 18, 1830.

WHEREAS, it is represented to this General As- Preamble.. sembly, that on the third day of March, eighteen hundred and twenty-eight, Samuel Campbell was commissioned, by the Governor of this Commonwealth, in the place of Morton A. Rucker resigned, as sheriff of the county of Caldwell, to hold said office until the end of the then ensuing session of the Legislature; and whereas the said Campbell, having, by himself and deputies, continued to discharge the duties of said office of sheriff until the August term of the county court of said county, eighteen hundred and twenty-nine, when another was commissioned, which was the period at which said Rucker's term would have expired: and whereas, doubts exist whether or not the acts of said Campbell, as such sheriff, are valid, having been done after the expiration of the said session of the Legislature and before the August term of the Caldwell county court,__in the year eighteen hundred and twenty-nine: For reinedy whereof,

SEC. 1. Be it enacted by the General Assembly of the Acts of the Commonwealth of Kentucky, That all the acts of the sheriff legalizsaid Campbell, either by himself or deputy, done ed.

K

1830.

collect his fees.

whilst in said office, between the said third day of March, eighteen hundred and twenty-eight, and the time of sitting of the Caldwell county court, in the year eighteen hundred and twenty-nine, are hereby made and declared to be as good and valid, and to have the same force and effect as if the said Campbell had been regularly commissioned and qualified during the whole of said period.

Sec. 2. Be it further enacted, That said Campbell Empowered to be, and he is hereby authorized to collect all fees which may have become due to him during said period of time mentioned in the preamble to this act, for services done by himself or deputy, as sheriff of said county, or other fees or dues which, by law, other sheriffs in like cases may collect, in the same manner as if he had been duly commissioned.

Commonwealth not to pay costs of attachments in

civil cases, but the parties.

CHAP. CCLIII.

AN ACT to regulate attachments in civil cases.

Approved, January 18, 1830.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, the officer's fees, and other costs and charges on attachments in civil cases, shall be paid. and borne by the party obtaining the attachment, or the party in contempt, as the court in its discretion. may direct, but in no event shall the Commonwealth pay the same, or any part thereof, any law to the contrary notwithstanding: Provided, however, that the court shall never exempt the witness from the costs of the attachment, unless it shall appear that he is wholly free from neglect or blame, and the party moving the attachment, or the attorney for the Commonwealth, shall have the right to introduce evidence to prove that the witness is in contempt, and to refute or explain what he may have stated on oath, in attempting to purge himself thereof. All laws authorizing sheriffs or other officers to charge mileage for serving an attachment are hereby repealed.

CHAP. CCLIV.

AN ACT for the benefit of Jesse Corum.

Approved, January 18, 1830.

1830.

WHEREAS, it it represented to this General As- Preamble. sembly, by the petition of Jesse Corum, jailor of Greenup county, that he has, through mistake of the time, omitted to renew his bond of office, and that he is desirous of doing so: Therefore,

Corum to renew his jailor's bond.

Be it enacted by the General Assembly of the Common- Time given wealth of Kentucky, That the said Jesse Corum shall have the right, at any time within three months from the passage of this act, to renew his bond of office: and the county court of Greenup, shall receive said bond and approve the security therein, in the same manner as though the same had been tendered within the time prescribed by law for the renewal thereof.

CHAP. CCLV.

AN ACT allowing additional constables to Washington and Owen counties.

Approved, January 18, 1830.

SEC. 1. Be it enacted by the General Assembly of the Constable to Commonwealth of Kentucky, That the county of Washington. Washington shall be allowed one additional constable, to reside in the neighborhood of Peter Brown, Esq. and that the county court of said county shall, at their next February term, or so soon thereafter as may be, proceed to make said appointment, according to this act, in every respect to be governed by the laws now in force, governing the appointments of constables.

Sec. 2. Be it further enacted, That there shall be To Owen. allowed one additional constable to the county of Owen, who shall reside in the neighborhood of Wilson B. Guill, Esq. and the county court of Owen shall, at their next April term, or as soon thereafter as may be, proceed to make said appointment, having due respect to the laws now in force in relation to the appointments and qualifications of constables.

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