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pay over to the purchaser upon proper receipt, the amount of the purchase price, with interest and penalties thereon; but all moneys paid by the delinquent at the time of redemption in discharge of the bills against that land which was assessed subsequently to the tax for which the sale was had, shall be accounted for by the tax receiver as are other tax collections; and it shall be the duty of the tax receiver to promptly notify the purchaser at a tax sale of the redemption of the land purchased by him, by postpaid letter or card. Provided that infants whose lands have been sold for taxes under the provisions of this act, shall have one year after they become of age within which to redeem said lands, and provided that the same penalty and interest shall be charged against infants' lands until redeemed, and all other delinquent tax bills with interest and penalties shall be paid upon said redemption.

(Neither approved nor disapproved by the Governor.)

CHAPTER 99.

AN ACT to authorize the guardian of an infant, curator or the committee of a person of unsound mind to lease the real estate or any interest therein of infant or person of unsound mind for mining purposes, and regulating the procedure

therefor.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the guardian of an infant curator or the committee of a person of unsound mind may lease the real estate, or any interest therein, of such infant or person of unsound mind for the purpose of mining and removing all or part of the coal, oil,

gas and any or all other mineral or mineral substances and products therein; together with the usual and reasonably necessary privileges to mine, bore for, store, pump and remove the same, and similar products taken from other land, and the right to dump upon said land refuse or other products taken therefrom and from other land; and to erect upon said land miners' houses, commissaries and hotels and other houses and equipment reasonably necessary to enable the lessee to carry on the business in the most economical way. Such lease may be for such length of time as the guardian, curator or committee may approve, without being limited to the time at which the disability of such infant or person of unsound mind may be removed.

$.2. No such lease shall be made untill the guardian, curator or committee shall have filed in the office of the clerk of the circuit court of the county in which the land, or the greater portion thereof lies, a petition against such infant or person of unsound mind, setting forth a description of the land of such infant or person of unsound mind, upon which the lease is proposed to be executed. It shall likewise state facts showing the propriety of making a lease thereof, or of such interests threin as may be the subject of such proposed lease, and that such leasing would be of advantage and benefit to such infant or person of unsound mind. Upon the filing of such petition, process shall issue thereupon and be executed in the manner provided by law.

3. For every such infant or person of unsound mind so summoned, the court shall appoint a guardian ad litem, whose duty it shall be to take such steps as may be necessary to protect the interests of such infants or person of unsound mind.

4. Matters arising upon the petition shall be

heard and disposed of by the court upon evidence taken and filed as in trial of other equity causes, and if it be clearly shown by the petition, exhibits and evidence of at least two creditable witnesses that the interest of the infant or person of unsound mind will be promoted by the lease, the court may order such real estate or any interest therein, or any part thereof, to be leased in such manner and on such terms and in such parcels as may be deemed most beneficial to the infant or person of unsound mind. The court shall prescribe by judgment all the terms of such proposed lease, except the rate of royalty to be paid, and the minimum thereof, if the judgment prescribes a minimum, which the court may or may not do in its discretion. Neither the guardian, guardian ad litem, curator, nor committee shall be a purchaser or lessee or be beneficially interested in the subject of the lease, either directly or indirectly. But no real estate, or any interest therein, of any infant or person of unsound mind shall be leased, if forbidden by the deed, will or contract under which the property is held. No lease shall be valid or binding untill presented to the court, in open court, and approved by an order entered of record, which approval shall be endorsed thereupon and signed by the circuit judge; and all leases executed hereunder shall be in the name of such infant or person of unsound mind, by his guardian, curator or committee, as the case may be, or by the commissioner of the court, as the court may order, and shall contain covenants of special warranty only. And the court shall have authority to reject any and all bids.

5. Notice of such lease shall be advertised in the same manner that sales of real estate under execution are required by law to be advertised.

6. If the court find that the interest of the infant or person of unsound mind will not be promoted by the lease, the petition shall be dismissed at the cost of the petitioner; otherwise, the costs of the proceeding shall be paid out of the avails and proceeds of the lease.

7. In case such lease be made, the guardian, curator or committee shall, in open court, execute a bond, to be approved by the court, to the infant or person of unsound mind, with at least two solvent sureties, conditioned for the faithful application of the proceeds of such lease coming into his hands by virtue thereof. The court shall endorse his approval thereupon, which shall be recorded with the order approving the lease, and certified by the clerk of said court to the clerk of the county court, to be recorded and properly indexed by the latter; and the circuit court may at any time thereafter require from such guardian, curator, or committee the execution of a new bond, with other or additional security, to be given if deemed neces

sary.

§ 8. All amounts accruing and to accrue under such lease shall be treated as an income of the estate of such infant or person of unsound mind, and shall be held and accounted for as such by the guardian, curator or committee. The leasehold estate, upon the death of such infant or person of unsound mind, without having disposed of the same in the manner authorized by law, shall descend to the real representatives of such infant or person of unsound mind, for distribution among the decedent's heirs at law.

9. The guardian, curator, or committee, or his successor as such, shall from time to time make settlements to the county court as provided by law.

And upon the infant becoming of age or the person of unsound mind becoming of sound mind shall make a final and complete settlement of all amounts received under such lease, and account for the same as herein and by law provided; and shall thereupon be discharged from further duty or accountability as such guardian or committee. Thereafter the rights and obligations of such former infant or person of unsound mind and the lessee shall be the same as if the lease had been executed originally to the lessee by a person over twenty-one years of age and free from any disability.

(Neither approved nor disapproved by the Governor.)

CHAPTER 100.

AN ACT to amend the Kentucky Statutes Article 10, Section 4464 relating to graded common schools, being the same as chapter 12 section 155 of the common schools laws of Kentucky.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That Section 4464 of Chapter 12 of the Common School Laws of Kentucky be, and the same is hereby amended and re-enacted so as to read as follows:

It shall be the duty of the county judge in each county of this Commonwealth, upon a written petition signed by at least twenty-five per cent of the legal voters who are taxpayers in the justice's district, town or city of the fifth or sixth class in his county to make an order on his order book, at the next regular term of his court after he receives said petition, fixing the boundary of any proposed graded common school district, as agreed on by the county judge and the petitioners, and directing the sheriff or other officers, whose duty it may be to hold the

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