CHAP. 1177-AN ACT to alter the time of holding the Chancery Court, in the county of Madison, and for other purposes. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the February chancery term of the Madison Circuit Court shall be abolished, from and after the next term of said court; and it shall be the duty of the Judge of the Madison Circuit Court, in lieu of the chancery term of said court, to hold a chancery term of said court, commencing on the last Monday in November, eighteen hundred and forty, and each year thereafter, and to continue one week, if the business shall require it. Approved February 8, 1839. 1839 CHAP. 1178.-AN ACT for the benefit of George H. Clements, and others. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for George H. Clements, and others, adult heirs of Clements, deceased, to file a bill in chancery, in the proper Circuit Court, alleging they hold a tract of land in Nelson county, containing about forty six acres, and had contracted to sell the same, at twenty five dollars per acre, and had purchased another tract of land in Meade county, to which they had removed, and which was more valuable to them; and that they could not make the title, owing to the infancy of a part of the heirs of the said Clements; and make the purchaser and infant heirs defendants; and after answer and proof, it shall be lawful for the court to confirm the sale, and decree a conveyance, if it shall appear to be to the interest of the infants; and make all such other orders and decrees, as the facts and equity of the case may require. Approved February 8, 1839. A convey. arce of land authorized. CHAP. 1179.-AN ACT to amend the law regulating the mode of settling the accounts of Executors, Administrators and Guardians, approved February 24, 1834. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall not be lawful for any County Court in this Commonwealth, to appoint any member of the court, a commissioner to settle the accounts of any executor or guardian; and all such appointments shall be void, from and after the first day of August next. Approved February 8, 1839. 1839 CHAP. 1180.-AN ACT for the benefit of the estate of Leonard Hamilton, deceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the administrators of Authorizing Leonard Hamilton, deceased, to file a bill in the proper court, a sale of land against the heirs of the said Hamilton, and set out the assets to pay debts. belonging to the estate, and the demands against the estate, and the land and slaves which descended to the heirs, and alledge that the assets are not sufficient to pay the debts, without resort to the land or slaves, and that it would be to the interest of the heirs to sell the land and keep the slaves; and after service of process, and answer, the court may refer the case to commissioners, to state and settle the accounts of the administrators, and to report the outstanding claims against the estate, and the value of the land and slaves, and the annual rent of the land, and hire of the slaves; and whether it will be necessary to sell either the land or slaves, to pay the debts; and, if either, which would be most to their interest to retain; and the court may, at the first term after the coming in of said report, decree a sale and conveyance of the land, if necessary for the payment of the debts, if it shall appear to be the interest of the heirs to keep the slaves, and sell the land; or they may decree a sale of the slaves, or so many as will be required to pay the debts. The court shall cause the proceeds to be applied to the payment of the debts; and if the land be sold, and a surplus remain, they shall cause the remainder to be paid to the guardian of the heirs, and have good security taken, to account and pay over the same; and may make such other orders and decrees, as the facts of the case may require. Approved February 8, 1839. suits. CHAP. 1181.-AN ACT further regulating the duties of Clerks of Circuit Courts, Be it enacted by the General Assembly of the Commonwealth To endorse of Kentucky, That it shall be the duty of the Clerks of the proceedings in General, Circuit, Chancery and other Courts in this Commonwealth, without delay, in suits now pending, and all suits hereafter to be commenced, promptly and regularly to endorse on an inner envelope, protected from wear and tear by an outer envelope, and filed with the papers of the cause; the day of filing the bill, declaration, or notice of motion, with the names of the complainant or plaintiff, and of defendant or defendants, the teste of every subpoena and other process issued, the return-day thereof, the parties named therein, the return of such process, and the persons on whom the same is served, and the substance of each order drawn, and step taken in the cause, with the date thereof; for which the Clerk shall receive no compensation. 1839 Approved February 8, 1839. CHAP. 1182.--AN ACT authorizing a fund to be raised by lottery, for the endowment of a Male and Female Academy, in the town of Paducah, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for John F. Harris, John Hynes, James Pell, Braxton Small, and David S. Patton, to raise, by way of lottery, in one or more classes, as to them may seem expedient, any sum not exceeding one hundred thousand dollars; to be appropriated, one fourth to the improvement of the wharf, in the town of Paducah; one fourth to the purchase of suitable ground, and the erection thereon of convenient buildings in the said town of Paducah, for a Female Seminary; and the remainder for the purchase of ground, and the erection thereon of suitable buildings, for the Paducah Seminary, in said town of Paducah, and for the purchase of a small Library, and such maps, charts, and apparatus, as may be necessary to prepare the pupils of said seminary for their entrance into higher schools. Managers. Money raised how to be ap propriated. SEC. 2. That said managers, or such of them as may act, Managers to shall, before they commence the discharge of the duties assign- give bond. ed them by this act, enter into bond with good security, to the Commonwealth of Kentucky, in the County Court of McCracken county, in the penalty of one hundred thousand dollars, with condition, that they will faithfully discharge the duties hereby imposed on them; and which said bond may be sued on, in the name of the Commonwealth of Kentucky, for the use of any person or persons, injured by a breach of the condition thereof; and it shall be the duty of said managers, within ninety days after the drawing of said lottery, or any class thereof, to pay or cause to be paid to the fortunate person or persons holding a ticket or tickets thereof, all such prize or paid. prizes as may be drawn by any individual or individuals, agreeably to the scheme which said managers may agree upon and publish, provided, however, that such scheme shall not reserve more than twenty per cent. Said managers shall have power to appoint a clerk or clerks, and any other officer or officers, necessary to conduct said lottery; all of whom, before they shall enter upon their respective duties assigned them by the managers aforesaid, shall take an oath, before some Justice, faithfully and honestly to discharge the same. SEC. 3. That said managers shall, within ninety days after the drawing of said lottery, or any class thereof, pay over to Prizes to be Officers. 1839 the Trustees of the town of Paducah, one fourth of all sums of SEC. 4. That said managers shall be, and they are hereby auSchemes or thorized to sell and dispose of the scheme, or any class or classclasses my be es of said lottery, to any person or persons, who shall enter sold. into bond to the Commonwealth of Kentucky, with good security, with condition, well and faithfully to comply with all the terms and provisions of this act; which bond or bonds shall be received by said managers, and be by them filed in the Clerk's office of the McCracken County Court, before said lottery or any class thereof, shall be drawn: provided, that such sale or sales shall not be made, of any class or classes, for less than twenty five per cent. on the amount proposed to be drawn. managers to be filled. SEC. 5. That if any of the persons appointed as managers by Vacancies of the first section of this act, shall refuse to serve, fail to qualify, or, after having qualified, resign, the remainder of said managers shall have power to select another individual or individuals, to fill the vacancy so occurring and produced by any of the causes aforesaid, or any other cause. SEC. 6. The Trustees of the Paducah Female Seminary shall Trustees of be five in number, (any three of whom shall constitute a quoFemale Semi- rum,) shall be appointed in the same manner, and have the same rights and powers as are given to the Trustees of the Paducah Seminary, by an act approved ninth February, eighteen hundred and thirty seven. nary. take oath and give bond. SEC. 7. Before the trustees of said institutions of learning, Trustees to or either of them, shall be entitled to the provisions of this act, they shall, before some Justice of the Peace, take an oath, that they will faithfully perform the duties of trustee, to the best of their skill and ability; and the trustees of each institution, before they shall be entitled to the fund, as set forth in the first section hereof, shall enter into bond, in the penalty of at least the amount they are each entitled to, under the third section, payable to the Governor of this Commonwealth, and his successors, conditioned for the faithful appropriation of said sums, for the purposes herein set forth; which said bonds shall be filed with the Clerk of the McCracken County Court, whose certificate of the fact of filing, shall be deemed a sufficient youcher for the president and directors of the Bank in which said deposit shall have been made, to pay over to the chairman of the respective institutions, the respective amounts deposited to their credit, as directed in the third section of this act. Approved February 8, 1839. CHAP. 1183.-AN ACT to authorize the city of Lexington to borrow money for certain purposes. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Mayor and Board of Councilmen of the city of Lexington, are hereby authorized to borrow such sum or sums of money as they may deem necessary for the advancement of the interests of any department of Transylvania University; and they may issue the bonds or scrip of the said Mayor and Board of Councilmen, signed by the Mayor, and under the seal of said city, bearing such rate of interest, not exceeding six per centum per annum, and payable at such periods (not less than twenty years) as they may think proper, for the payment of such sum or sums as they may borrow, under the authority above given; and they are hereby further authorized, if they shall hereafter deem it necessary, to issue like bonds or scrip, payable at such time or times as they may judge proper, for the payment of the interest upon said bonds. Approved February 8, 1839. 1839 CHAP. 1184.-AN ACT to allow an additional Justice of the Peace to Green county. WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that the people living south of Little Barren river, in Green county, are without any Justice of the Peace, in that part of the county, and that it is necessary for them to have one to reside there—for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county of Green shall be entitled to one additional Justice of the Peace; who, at the time of his appointment, may reside on the south side of Little Barren river, in Christopher Sandridge's neighborhood. Approved February 8, 1839. CHAP. 1185.-AN ACT to change the name of Mary Roberts, to the name of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the name of Mary Roberts be, and the same is hereby changed to the name of Mary Clifton. Approved February 8, 1839. |