1839 of the city: provided, before the money aforesaid shall be withdrawn from the Treasury, the Trustees of said Asylum shall Money not to be drawn till certify, under oath, to the Auditor, that a fire company has a fire company been organized sufficient to manage and take care and keep is organized. said engine and hose in good order to work it in case of fire. Approved February 1, 1839. gest, &c. CHAP. 1129.-AN ACT for the benefit of Mason W. Sherill. SEC. 1. Be it enacted by the General Assembly of the ComTo be furn- monwealth of Kentucky, That the Secretary of State' be and ished with Di- he is hereby authorized and directed to purchase and deliver to Mason W. Sherill, Esq., a Justice of the Peace in Green county, a copy of Brown & Morehead's Digest of the statute laws of this State, and to furnish him with such copies of the Acts of Assembly as may be in his office, and which can be furnished with, convenience from his office, so as to make a complete set for the use of said Justice; which Digest and Acts the said Justice shall preserve and deliver over to his successor, as now required by law. Treasury. SEC. 2. That for the purpose of purchasing the copy of the To be paid for out of the Digest aforesaid, the Secretary shall apply to the Auditor of Public Accounts, who shall issue his warrant on the Treasury for the price of said Digest, which shall be paid out of any money in the Treasury not otherwise appropriated. Approved February 1, 1839. CHAP. 1130.—AN ACT to authorize a sale of the Seminary lands of Wayne county. SEC. 1. Be it enacted by the General Assembly of the ComLands to be monwealth of Kentucky, That the Trustees of Wayne Counsold and pro- ty Seminary shall be and are hereby vested with authority to ceeds applied sell and convey the Seminary lands, belonging to said county, to schools, common Proviso. Money, how distributed. upon such terms as they may deem expedient, and apply the proceeds of such sale, from time to time, to the use of the Common School of said county, and to that end shall pay over the proceeds of such sale, after deducting all expenses attending the sale, to the school commissioners of said county, to be by them applied as hereinafter directed: provided, that such sale shall not be made unless all the Trustees shall unite in making said sale and conveyance. SEC. 2. That the school commissioners of said county shall make an equal distribution of the proceeds of the Seminary lands among the several school districts in said county, in proportion to the number of children in the several districts between the ages of seven and seventeen; and if the said county shall not have been completely districted, or if any of the districts shall not have adopted the Common School system, or shall not have been organized, then it shall be the duty of the school commissioners to retain in their hands the due proportion of the districts so not laid off or organized, and make distribution of only so much of the Seminary funds as would be the just proportion of the districts which shall have been organized. And as other districts shall, from time to time, adopt the school system, and organize as provided by law, they shall respectively be entitled to their due proportion of said funds: provided, however, that when any of the said school districts shall have organized in all other respects, except building a school house, it shall be competent for the school commissioners to appropriate towards building a school house, in each district, its due proportion of the funds aforesaid, or so much thereof as may be needed for that purpose. 1839 over to SEC. 3. That it shall be the duty of the Trustees, when Money to be they shall pay over the funds aforesaid, to the school commis- paid sioners, to take their receipt therefor; and if the said Trustees school com'rs. shall fail to pay over said funds, when collected, the school commissioners may maintain a suit therefor in any court having jurisdiction of the like sums. All laws authorizing a sale of the Seminary lands of Wayne county, heretofore passed, are hereby repealed. Repealing clause. SEC. 4. That it shall be the duty of the County Court of Vacant lands Wayne county to appoint three fit persons as commissioners, how sold, &c. who, or any two of whom, shall have authority to issue certificates to any person or persons who may desire to appropriate any of the public land, in said county, provided said applicant or applicants shall pay to said commissioners the full amount of the land so intended to be appropriated. And thereupon the surveyor of the county shall survey the quantity of land contained in the certificate for such applicant, and make return of his said survey as prescribed by law. Proceeds of lands SEC. 5. That so soon as the Common School system shall have been adopted by said county, in whole or in part, said vacant commissioners shall pay over to the Commissioners of Com- appropriated. mon Schools, upon their request, all sums of money which shall have, or may thereafter come to their hands, from time to tíme, for land sold, and take their receipt for the same; and if said County Commissioners shall fail to pay over the said money, upon demand, the School Commissioners may bring suit therefor, and recover the same in any court having jurisdiction of like sums; and the Common School Commissioners shall distribute all sums, received by them, among the several school districts which shall have adopted the Common School system, and organized as provided by law, in the same manner as prescribed in the second section in relation to the proceeds of Seminary lands; and if any school district or districts shall not have organized, the proportions of such districts shall be retained in the hands of the School Commissioners, for the benefit of said districts, when they shall have organized, or subject to future disposition, by law, in case said districts shall fail to organize; and if the county shall not, in whole or in part, adopt the school system, the County Commissioners shall retain the proceeds of the lands sold, subject to future legislation. All laws appropriating the public lands of Wayne county to the use of the roads therein are hereby repealed. Approved February 1, 1839. CHAP. 1131.-AN ACT for the benefit of the Madison Troop of Cavalry. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall hereafter be lawful for any number of men to join the Madison Troop of Cavalry, from either the seventh, nineteenth, or thirty fifth, Regiments of Kentucky Militia: provided, that the said Troop shall not, at any time, consist of more than sixty six privates: and, provided further, that no militia company, in either of the above Regiments, shall be reduced below the number fixed by law. Approved February 2, 1839. CHAP. 1132.-AN ACT to provide for the extension of the Lexington, Nicholasville and Danville turnpike road from Danville, and to unite the same with the Louisville, Bardstown and Springfield turnpike road, at Springfield. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said company shall have the further time of eight years, from the passage of this act, to avail themselves of the provisions of the before recited act, within which time they shall commence said road, and to complete the same within six years, after they shall have commenced said road. SEC. 2. That said company shall have power and authority, with the approbation of the Board of Internal Improvement, to commence said road upon a less amount of subscription, by private individuals, than is required by said act, and may open said road, and grade such parts of it, and put metal upon such parts of it, as the Board may direct, charging only half toll for the travel on so much of said road as shall only be graded, and full toll on that part which shall be covered with metal. Approved February 2, 1839. CHAP. 1133.-AN ACT to allow an additional Justice of the Peace for Nelson county. WHEREAS, it is represented to the present General Assembly that the town of Bloomfield, in Nelson county, is destitute of a Justice of the Peace, in consequence of which the citizens of said town and its immediate vicinity are put to great trouble and vexatious inconvenience-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an additional Justice of the Peace shall be appointed and commissioned for the said county of Nelson. Approved February 6, 1839. 1839 CHAP. 1134.-AN ACT for the benefit of Elisha C. Hampton. WHEREAS, Brison Pursley, Daniel M. White, George W. Noel, and L. Robertson, officers of the seventy sixth Regiment, seventeenth Brigade, of Kentucky Militia, did, on the fourteenth day of January, eighteen hundred and thirty three, execute to the Commonwealth a bond for seventy stand of muskets, bayonets and accoutrements, for the use of a Light Infantry Company in said Regiment: and, whereas, one of said muskets, bayonets and accoutrements, was consumed by fire in the house of Elisha C. Hampton, a member of the said Infantry Company-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the officers aforesaid shall be entitled to credit upon their bond, on settlement, for the value of one musket, bayonet and accoutrements, so destroyed by fire. Approved February 6, 1839. CHAP. 1135.-AN ACT to change the name of Jane Wright to that of Jane Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the name of Jane Wright, of Barren county, be, and the same is hereby, changed to that of Jane Dodd, and she shall, hereafter, be called and known by that name. 14 Approved February 6, 1839. 1839 CHAP. 1136.-AN ACT to repeal the law authorizing the County Court of Har din to sell poor house land. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, approved February twenty three, eighteen hundred and thirty five, entitled, an act to authorize the County Court of Hardin to sell their poor house land, be, and the same is hereby, repealed. Approved February 6, 1839. by whom & for CHAP. 1137.-AN ACT for the benefit of the estate of Lewis Fible. Be it enacted by the General Assembly of the Commonwealth Bill in ch'y of Kentucky, That it shall be lawful for Joseph Fible, adminismay be filed, trator of Lewis Fible, deceased, to file his bill, in the Oldham what purpose. Circuit Court, against the widow and heirs of said deceased, and alledge the amount of personal assets, and the debts against the estate which he has paid and for which he is bound, and of the other debts against the estate, and the land which descended; and the Court shall cause the accounts to be stated by a commissioner, and the debts against the estate to be ascertained; and if it shall appear to said Court, that it is necessary to sell the real estate for the payment of the debts, it shall be lawful for the Court to decree such sale, on reasonable credits, fixing in the decree the credits, and cause the same to be conveyed to the purchaser, and the proceeds to be applied to the payment of the debts; provided, that if the widow consents, her dower right may be sold, and the proceeds of her interest paid over to her; but if she claims dower, the Court shall cause it to be assigned to her; that after paying the debts, should there be any surplus of the proceeds, it shall be paid over to the heirs and distributees, or their guardians, on their giving bond and security for the same. of the court. Approved February 6, 1839. ed. CHAP. 1138.-AN ACT to establish the town of Frederick, in Barren county. SEC. 1. Be it enacted by the General Assembly of the Com monwealth of Kentucky, That the town of Frederick, in the Name chang- county of Barren, heretofore called and known by the name of Lafayette, be, and the same is hereby, established upon the plan which has been formed and laid down by the citizens |