1839 where and for what purpose. Ransom Lasswell and Samuel C. Carson, for certain estate named in said deed of trust, for the purposes of paying his debts, and securing the residue of said property to the use and benefit of his wife Jane, and her children; and whereas, it is represented that said Carson has refused to carry the trust into effect, so far as he is concerned; and whereas, it is further represented, that very much of said property is unproductive― therefore, SEC. 1. Be it enacted by the General Assembly of the ComBill in ch'ry monwealth of Kentucky, That it shall be lawful for Ransom may be filed-Lass well to file his bill in chancery, in the Rockcastle Circuit Court, setting forth the fact of the execution of the deed of trust, the refusal of his co-trustee to accept of, and comply with the trust, so far as he is concerned; that it would redound to the interest of the wife and children of said Snodgrass, that the trust property should be sold, and the proceeds vested in other more productive property; and to make the said Snodgrass, his wife Jane, and her children, and said Carson, defendants to said bill. decree sale and direct invest ceeds. SEC. 2. The said court may, if deemed advisable, upon the Court may proper proof being made, that the interest of the cestui que trusts would be advanced and promoted by a sale of the trust ment of pro- estate, to decree and order that the whole or any part thereof be sold, and to order and decree in what manner the proceeds of the sale of such property shall be invested; that the court may render such decree at the first term after filing said bill: provided, the process shall have been executed upon the parties, ten days before the sitting of the court; may appoint a guardian ad litem to defend for the infant defendants, and to make such further orders as may be necessary to have the trust fully and properly executed by the trustee. thereof. SEC. 3. That before any decree to sell said trust property Bond to be shall be rendered, the court shall require said Lasswell to give given, who by and condition bond, with approved surety, for the faithful investment of the proceeds of the sale, and in such penalty as the court may direct. The title of such estate as may be purchased by said Lasswell, under and by virtue of such decree, as trustee, shall be made to, and held by him, in trust, for the uses and purposes named in the deed of trust. The said court shall have power to render such decrees, and make such decretal orders, as may be necessary for the interest of the cestui que trusts. Approved February 6, 1839. CHAP. 1144.-AN ACT for the benefit of Mary Hughes, an infant. WHEREAS, it is represented that Marcus Hughes, late of Montgomery county, died intestate, leaving Mary Hughes, an infant of tender years, his only child and heir; that he left a widow, who has since married Jesse Wilson; that said Marcus -left a tract of land, lying in the county of Montgomery, containing about seventy five acres; that Mrs. Wilson is entitled to her dower in said land; that said Jesse Wilson is the guardian of said infant heir, and has been residing in the State of Illinois for some years, having the said infant with him: and whereas, it is represented that it would redound greatly to the benefit of said infant, that her interest in said land should be sold, and the proceeds applied in the purchase of lands in Illinois-therefore, for what pur pose. SEC. 1. Be it enacted by the General Assembly of the Com- Guardn may monwealth of Kentucky, That said Jesse Wilson, as guardian file petition, & of said Mary Hughes, may file his petition in the Montgomery Circuit Court, praying for a sale of the interest of said infant in seventy five acres of land, or thereabouts, laying in Montgomery, and the same owned by Marcus Hughes, at his death, and which has descended to said Mary. SEC. 2. That before rendering any decree, the Judge of said court shall require the said Jesse Wilson to execute bond with good surety, in such penalty as he may fix, conditioned to lay out the net proceeds of the sale of said land, in lands in the State of Illinois; and it shall be the duty of said Wilson to present for record, in the Montgomery Circuit Court, a properly authenticated copy of the legal conveyance to said Mary, for the land so to be purchased in Illinois: and provided, also, that the said Wilson purchase said land within the term of two years from the time of receiving the purchase money for the land hereby authorized to be sold: and provided, also, that the Montgomery Circuit Court may make such further orders and decrees as may be deemed proper in protecting the rights and interests of said Mary Hughes. Approved February 6, 1839. Duty of the court before decreeing sale. CHAP. 1145.-AN ACT to authorize the sale of a house and lot belonging to the heirs of Jacob Lyons, deceased, a man of color. WHEREAS, it is represented to the present General Assembly, that Jacob Lyon, a free man of color, died some time since, possessed of a house and lot, in the town of Millersburgh, in Bourbon county, to which he held an equitable title, without leaving sufficient personal assets to pay his debts-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Alvin W. Bills, the administrator of said Lyon, be, and he is hereby authorized to file a bill in chancery, in the Bourbon Circuit Court, against the heirs of said Lyon, praying for the sale of said house and lot, for the payment of the debts of said decedent; and shall make such other person or persons, 1839 defendants thereto, as may be necessary, in order to perfect Approved February 6, 1839. CHAP. 1146.-AN ACT for the benent of Eliza Jane Grider. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Eliza Jane Grider, and her husband, William Grider, be, and the same is hereby forever dissolved, so far as relates to the said Eliza Jane Grider; and she is hereby restored to all the rights and privileges of an unmarried woman, and to her maiden name of Eliza Jane Higginbotham. Approved February 6, 1839. CHAP. 1147.-AN ACT for the divorce of Nancy A. Grant. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Nancy A. Grant, and her husband, Joshua D. Grant, be, and the same is hereby dissolved, so far as it relates to the said Nancy A. Grant; and she is hereby restored to all the rights and privileges of an unmarried woman. Approved February 6, 1839. CHAP. 1148.-AN ACT to authorize the Clerk of the Hancock County Court to amend certain records in his office. WHEREAS, it is represented to this General Assembly that many deeds, recorded in the office of the Clerk of the County Court of Hancock county, are unfinished, and wanting the record of the certificates of the acknowledgments and records thereof, and others are but partially recorded, and given out to the individuals to whom they belong; all of which transpired before the present Clerk came into office-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Clerk of the Hancock County Court shall have power to add to all such deeds, such portions as may not be recorded, and remain unfinished, whenever presented; and if deemed advisable by the County Court of said county, may purchase new books, for the purpose of recording them anew; and all such records shall be as valid in law, and as good evidence, as if originally recorded, in proper form and manner; and the said Clerk may charge the same fees for such services, as is now given by law; and in cases where the said deeds are partially recorded, he shall have the same fees as for recording the entire deeds. Approved February 6, 1839. 1839 CHAP. 1149.-AN ACT to repeal an act, entitled, an act for the benefit of William M. Simmons, approved February 12, 1838. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, an act for the benefit of William M. Simmons, approved February twelve, eighteen hundred and thirty eight, be, and the same is hereby repealed. Approved February 6, 1839... CHAP. 1150.-AN ACT to repeal the fourth section of an act, entitled, an act to establish a State road from Flynn's old ferry, across the Ohio river, in the county of Livingston, to Princeton, in Caldwell county, and for other purposes, approved the 25th of February, 1836. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the fourth section of an act to establish a State road from Flynn's old ferry, across the Ohio river, in the county of Livingston, to Princeton, in Caldwell county, and for other purposes, approved the twenty fifth day of February, eighteen hundred and thirty six, be, and the same is hereby repealed. SEC. 2. That the County Court of Livingston county, shall have full power and authority to change and alter the present location of said road, leading from Flynn's old ferry, in said county, to Princeton, in Caldwell county, or to discontinue and abolish the same at pleasure: provided, the public interest should at any time require the same. Approved February 6, 1839. 1389 CHAP. 1151.-AN ACT for the divorce of Lucy Graves. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Lucy Graves, and her húsband, Thomas Graves, be, and the same is hereby forever dissolved, so far as relates to the said Lucy Graves; and she is hereby restored to all the rights and privileges of an unmarried woman, and to her maiden name, of Lucy Phillips. Approved February 6, 1839. CHAP. 1152-AN ACT for the benefit of Abraham Kightly. WHEREAS, Abraham Kightly, of Oldham county, did, on the sixth day of April, eighteen hundred and thirty three, draw from the Public Arsenal, sixty four rifles, and part of the accoutrements that should have accompanied the same, and executed his bond to the Commonwealth, with security, for the safe keeping and delivery of the same, for a larger portion than was drawn by him, and the Quarter Master General having failed to deliver the number specified in said bond, or to credit said bond for those not delivered: and whereas, the said Kightly has returned to the Quarter Master General, sixty three rifles, thirty four pouches and belts, and a part of other accoutrements drawn by him-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said bond be cancelled, and the said Abraham Kightly, and his securities, are hereby released from. all liabilities and penalties on said bond.. Approved February 6, 1839. CHAP. 1153. AN ACT for the benefit of William P. Neal, and others. WHEREAS, William P. Neal, of Allen county, did, on the fifth day of September, eighteen hundred and twenty eight, execute a bond, with security, to the Commonwealth of Kentucky, for sixty four sabres and scabbards, sixty four pistols, &c.: and whereas, the Quarter Master General failed to deliver said arms, for which said bond was executed, anterior to his death, and the said bond being now in possession of his successor therefore, |