« ForrigeFortsett »
first survey was laid on appropriated land, he had it registered in the land-office since that time he has had the fast survey registered in the landoffice, on the sixth day of August eighteen hundred, and has transferred the same to James Foster, who has paid the state price in full; and the Register, through mistake, did, on the eighteenth day of December eighteen hundred and fifteen, issue to the said James Foster a patent on the wrong plat: For remedy whereof,
Be it enacted by the General Assembly of the Register to Commonwealth of Kentucky, That upon the said cancel a pa- James Foster producing and returning the said patent to the Register of the land office, which has been improperly issued on the first plat, for two hundred acres, the said patent shall be, and the same is hereby cancelled; and the Register And to issue shall issue to the said James Foster a patent on the last survey, Iying on the Bio creek, which was registered on the sixth day of August eighteen hundred; and it shall be in all cases as valid as if it bad been issued on the right survey at first.
An ACT to alter the time of holding the county courts of Ohio and Daviess, and to legalize their proceedings in certain cases, and for other purposes.
APPROVED January 9, 1818.
§ 1. BE it enacted by the General Assembly of the When county Commonwealth of Kentucky, That the county courts of Ohio courts of Ohio and Daviess shall hereafter be held and Daviess on the same Mondays in every month in the year to be held. in which the circuit courts are directed by law to be held in said counties, except in the months in which the circuit courts are held.
AND whereas during the last session of the legislature the times for holding the circuit courts were changed, and no regulations made as to the time of holding the county courts in said counties; and as doubts and difference of opinion ex
isted as to the time at which said courts should by law have been held, said county courts in some instances were held at times not authorised by law:
§ 2. Be it therefore enacted, That the proceed- Proceedings legalized. ings of said county courts during the present past] year 1817, be, and the same are hereby legalized in as full and ample a manner as if the said courts had been held at the times specified by law.
§ 3. Be it further enacted, That the proceed. Proceedings Casey legal. ings of the county court of Casey during the present ized. [past] year, 1817, be, and the same are hereby legalized in as full and ample manner as if the said courts had been held at the times specified by law.
4. Be it further enacted, That the county Nelson may court of Nelson county may, and shall hereafter, lay their levy at August at their August county courts, possess the same powers and authority to levy the county levy and make appropriations, in as full and ample manner as they now possess at their November term; and so much of the law of this state as requires the said court to lay their levy at the November term, be repealed.
An ACT for the benefit of the widow and heirs of
APPROVED January 16, 1818.
WHEREAS it is represented to the general Preamble. assembly that John Handley, late of Washington county, died intestate, leaving Phebe Handley, his widow and relict, together with several small children. It further appears that the said Handley was much indebted, and left but little personal estate, entirely insufficient to pay his debts.
1. Be it enacted by the General Assembly of Administra the Commonwealth of Kentucky, That the said trix of HandPhebe Handley, administratrix and relict of said ley may sell decedant, be, and she is hereby authorised to sell, for payment upon such credit as she may think proper, not of debts.
exceeding one year, any number of acres not exceeding sixty, taken off the south end of a tract of land the said decedant purchased at sheriff's sale as the property of Thomas Austin's heirs, in Washington [county,] lying between James Elder and Edward Biven, and apply the proceeds there. of towards paying the debts of said decedant.
2. Be it further enacted, That before the said To give bond Phebe enters upon the duties enjoined on her by and security. this act, she shall enter into bond, with good security, in the county court of Washington, in double the amount of the value of said land, conditioned for the faithful discharge of the duty enjoined on her by this act; which bond shall be governed in every respect as administrators' bonds
Condition of bond.
3. Be it further enacted, That any sale and Sale shall be conveyances which may be made by said Phebe good and val- by virtue of this act, shall be as good and valid to all intents and purposes as if the same were made by the heirs of the decedant, they being adults.
AND whereas it is further represented to the present general assembly that James Hendricks, of Estill county, departed this life in one thousand eight hundred and seventeen, leaving a widow and a number of children, a part of which children are infants; and that Green Clay, by the decree of the Woodford circuit court, obtained a judgment against the said Hendricks in his life time, for the sum of two thousand six hundred and ninety-six dollars, twenty-nine cents, with interest thereon from the date of said decree until paid, besides costs of suit; which judgment and decree of the Woodford circuit court remains yet wholly unsatisfied; and by virtue of which decrce, when revived againt the representatives of the said Hendricks, the said Clay will have a right to sell, and will sell, at a great loss to the legatees, the lands of said decedant in the county of Estill, he, the said Clay, holding the legal title of, and a lien upon said lands, for the satisfaction of said judgment. And it is further represented that the executor of said Hendricks has. made sale of all the goods, chattels and slaves of said decedant; but the proceeds thereof are in
sufficient to satisfy the judgment aforesaid in favor of Clay; besides that there are some other debts due from said decedant, and to the payment of which said decedant's estate is liable; and that it would be greatly to the advantage of the legatees of said Hendricks, that a part of said decedant's real estate in the county of Estill should be sold by persons appointed for that purpose, and the proceeds thereof applied to the discharge of the balance of the judgment that will be due Clay, after the personal assets are exhausted, as well as the other debts due as aforesaid.
tate of Hep
§4. Be it further enucted, That Robert A. Stur- Commission gus and William Kearly be, and they are hereby ers appointed appointed commissioners, with full power to sell to sell real esand dispose of so much of the real estate of said dricks James Hendricks, deceased, as may be sufficient payment to pay off and settle all the demands against the debts. said estate. The said commissioners to possess the power of selling said land in such manner, either by private or public sale, giving due notice thereof, as they may think most expedient for the welfare of said widow and legatees, not touching as to sales on any land sold by said James Hendricks, deceased, in his life time, and to which titles have not been made.
§ 5. Be it further enacted, That before the com- Commissionmissioners shall proceed to discharge the duties ers to give provided by this act, they shall enter into bond bond and security. with security, to be approved of by the Estill county court, in the sum of three thousand dollars, with a condition to pay over to the said Green Condition. Clay, agrecable to the judgment before mentioned, and all other just creditors, whatever sum or sums of money they may receive for the sale of said estate, and for the true and faithful payment of the balance (if a balance there be) to the executor or executors of the said estate, for the use and benefit of the widow and heirs; and upon a failure, the party or parties aggrieved, may have and maintain an action on said bond, to recover the same in any court having jurisdiction thereof.
§ 6. Be it further enacted, That the aforesaid Commissioncommissioners shall convey all the right and ti- ers to make tle of the said heirs in all the land they may sell of land, &c.
belonging to said estate, to the purchaser or purchasers thereof, when Green Clay shall have conveyed the legal title of the same to said heirs.
An ACT authorising certain Lotteries. Passed on the 28th day of January 1818, pursuant to the provisions of the constitution, the Lieutenant Governor's objections to the contrary notwithstanding.
1. BE it enacted by the General Assembly of in the Commonwealth of Kentucky, That it shall and may be lawful for James H. M'Laughlin, John Bryan, Charles Caldwell, Joshua B. Hopson, Benjamin Shackleford, John D. Patton and Elijah Broddus, gentlemen commissioners, or a majority of them, to raise by way of lottery, in one or more classes as to them may seem necessary, any sum not exceeding 8,000 dollars, to be applied in defraying the expences in paving and im proving such parts of Main street and Main Cross street in the town of Hopkinsville; and said commissioners, or such of them as superintend the said lottery, shall be, and the same are hereby bound to pay to the fortunate persons the amount that each shall be justly entitled to by the event of the drawing of said lottery, or in case of failure be liable to the action of the party aggriev ed.
2. Be it further enacted, That the drawing of said lottery shall take place in said town of Hopkinsville, in the presence of two justices of the peace for Christian county, whose duty it shall be to see that the same is fairly and properly conducted; and each of the drawers, examiners and clerks, and all other persons concerned in drawing said lottery, shall, before the same commences, take an oath before some justice of the peace for said county, to act fairly and impartially. And if said lottery is not drawn within two years from the passage of this act, it shall be lawful for the purchasers of tickets to demand