mer 1839 &c. vested in the day when the same stands for trial, file a general traverse to the same; and in default thereof, a writ of enquiry shall be had, and damages assessed, as in ordinary cases, when a writ of enquiry is necessary; and when no writ of enquiry is necessary by the rules of law, a judgment shall be taken by default. No objection shall be taken to the form of the petition, if it apprise the defendant or defendants, with reasonable certainty, of the charge which he is called to answer; and under the issue as thus directed to be joined, either party may introduce any testimony that would be proper under any state of special pleading in bar, or replication thereto; and the defendant may also, under the issue, avail himself of any equitable defence which he may have to said petition. In such proceedings, by petition, such judgment shall be rendered and such executions be awarded as the justice of the case may require. SEC. 28. That the said Trustees shall exercise and possess Power of for all the powers and privileges which, by the general laws of trustees, the land in relation to towns, are granted to Trustees; and the present, & shall have full power and authority to make all the necessary authority given by-laws and regulations for the purpose of carrying into effect to make by- the laws, and how powers granted by this act; and also, such as may be nethe same may cessary for the comfort, cleanliness, good order and security of be enforced. Present trus tees to continue in office until said town, and the citizens thereof; and may enforce the same by adequate penalties, to be recovered in their name, before the Police Judge, or any Justice of the Peace: provided, the same are not contrary to the constitution or laws of the land. The present Trustees and officers of the town, shall continue in office until the Trustees are elected and qualified under the their successors present act; and are hereby invested with all the powers, are appointed. rights and privileges which the Trustees and officers to be elected under this act, will possess. No suit shall be instituted Trustees may against the said Trustees, unless the same is instituted in the Franklin c'ty. County of Franklin; and service of process on the Chairman of the Board shall be sufficient. Each and every act, or section Repealing of an act, coming within the purview of this act, is hereby reclause. pealed. This act shall be in force from the passage thereof Approved February 16, 1839, be sued in alone. CHAP. 1226.-AN ACT for the benefit of the estate of Guthrie Morris. SEC. 1. Be it enacted by the General Assembly of the Com A sale of monwealth of Kentucky, That it shall be lawful for Joseph Alland authoriz'd len, administrator of Guthrie Morris, to file his bill in the Scott to pay debts. Circuit Court, against the widow and heirs of the said Morris, and alledge the amount of the 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 1839 Widow's which descended; and the court shall cause his accounts to be stated by a commissioner, and the debts against the estate be ascertained; and if it shall be 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 the minimum price at which the property shall 1be sold, 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. dower. 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. SEC. 2. That in decreeing the sale herein before provided for, the Chancellor shall so regulate his decree as to direct a sale of the interest of the heirs, subject to the widow's right of sold and then dower; and after said sale, to direct a sale of said dower right; the dower. and the proceeds of the said dower interest shall, as herein provided for, be paid over to the widow. Approved February 16, 1839. Interest of heirs to be first CHAP. 1227.-AN ACT to establish the town of Brooksville, in Bracken county. 5. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the town which has been laid off in the county of Bracken by the executors of John Thompson, deceased, contained within the following boundary, viz: Beginning at a stake in the cross roads; from thence with the Cincinnati trace road, N. fifty four degrees W., thirty four poles; thence N. thirty three degrees W., twenty poles, to a stone, corner to Joel Woodward's land; thence with his line, S. forty three degrees W., forty four poles, to a branch; thence with the meanders of the same, S. twenty four degrees, W. twelve poles; thence S. twelve degrees W., fifteen poles, to a white oak tree at the forks of said branch; thence S. fifty degrees E., forty poles, to a stake in the State road; thence with the same, N. forty six degrees E., sixty seven poles to the beginning; shall be, and the same is hereby established, upon plan formed and laid down by said executors, to be known and called by the name of Brooksville. the Boundary. Trustees ap SEC. 2. That Henry Fronk, John Hamilton, Stanfield C. Pinckard, Vincent Hamilton, and Isaac Day, are hereby con- pointed & their stituted and appointed Trustees for said town; who shall con- duty. tinue in office twelve months from the first day of June next; and it shall be the duty of the said Trustees, to have the plan of said town recorded in the Clerk's office of the County Court of Bracken county, as soon as practicable. 1839 How trustees SEC. 3. That it shall and may be lawful for the free white male inhabitants of said town, over the age of twenty one to be elected. years, to meet at the court house in said town, on the first Monday in June, eighteen hundred and forty, and every year thereafter, and choose by vote, viva voce, five fit persons for Trustees, to serve, for one year thereafter, and until their successors are duly elected. Clerk to be appointed, and SEC. 4. That said Trustees shall appoint a Town Clerk, who shall continue in office until the election succeeding his aphis duty. pointment; and in like manner each new Board shall appoint a Clerk, to serve for the same time, whose duty it shall be to keep a fair record of the proceedings of the Trustees, and give public notice, by advertisement in said town, at least ten days previous to any election of Trustees. SEC. 5. That the Trustees of said town, hereby appointed, By-lawsmay and their successors in office, a majority of them concurring be passed. therein, shall have power to pass such by-laws for the govern ment of said town and the inhabitants thereof, as to them shall seem expedient and right: provided, they be not contrary to the laws and constitution of this State. levied and col SEC. 6. That the said Trustees, a majority of them concurTaxes to be ring therein, shall have power to levy and have collected, anlected, & how nually, a tax on the property in said town, now subject to taxapplied. ation; and shall also have power to levy and collect a tax, annually, off the tythes in said town, provided it shall not exceed one dollar on each tythe, and fifty cents on each hundred dollars worth of property; to be appropriated and laid out by them, for the improvement of said town. They shall also have Assessor and power to appoint an Assessor, annually, who shall be sworn his duties. his duties. to the faithful discharge of his duties as such; it shall be his duty to make out and furnish to the Trustees, at such time as they may appoint, lists of the taxable property of each individual in said town, with the value attached thereto; and also, a list of lots, and the value thereof, which belong to individu als who do not reside in said town. Said Trustees shall also Collector & have power to appoint a Collector, annually, to collect the taxes assessed on the property and tythes in said town. Said Collector shall give bond with approved surety, to said Trustees, for the faithful performance of his duty; and the said Collector shall have power to make distress and sales, if necessary, in the same manner as is now authorized by law in regard to Sheriffs in collecting the revenue and county levy in this Commonwealth; and said Trustees shall allow to the Assessor and Collector for said town, a fair and adequate compensation for their services. SEC. 7. That should the office of Trustee, Clerk, Assessor How vacan- or Collector, become vacant, it shall be lawful for a majority sies to be filled. of the Trustees then remaining in office, to fill the same; and the person filling such vacancy, shall continue in office until the ensuing annual election. Approved February 16, 1839. CHAP. 1228-AN ACT to incorporate the Town of Port Royal. ers. 1839 SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the county of Henry Boundary & as is now embraced within the boundary of the town of Port Corporate powRoyal, and the inhabitants thereof, shall be, and the same is hereby created a body politic and corporate, with perpetual succession, by the name and style of the Town of Port Royal; and by that name and style, shall be capable in law, of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered, in all courts and elsewhere; and may have and use a common seal, and change, alter and renew the same, at pleasure. When and SEC. 2. That the fiscal, prudential and municipal concerns of said town, with the government and control thereof, shall what number be vested in three Trustees, who shall be elected the first time of trustees to be on the first Monday in March next, and on the same day in elected. each succeeding year, by the legal voters, resident citizens in said town; the Trustees shall be residents of said town, and lot-holders therein, and shall hold their offices for one year, and until their successors are elected and qualified; and they shall elect one of their own body chairman; and they shall be styled and known as the Chairman and Board of Trustees of the Town of Port Royal; and shall fill all vacancies which may occur in their own body, between the annual elections. SEC. 3. The Chairman and Board of Trustees of the Town Clerk, &c. to of Port Royal, shall appoint a Clerk, who shall keep a record be appointed. of their proceedings, and may appoint all such other officers and agents as may be required in the transaction of the business of said town; and all the provisions and privileges, rights, benefits and advantages, vested by law in the Trustees of the Town of Crittenden, by an act of the General Assembly of the Commonwealth of Kentucky, approved February fifteenth, porating eighteen hundred and thirty eight, shall be, and the same are tenden adopt'd. hereby vested in the Trustees of the Town of Port Royal, in the same beneficial manner as though the same were re-enacted and made applicable to the town of Port Royal, in the same words that they are made applicable to the town of Crittenden. Approved February 18, 1839. Act incorthe town of Crit CHAP. 1229.-AN ACT to increase the powers of the Trustees of the Town of Columbia. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Trustees of the town of Co 1839 May' levy additional tax. taxes. whom. lumbia shall be, and they are hereby vested with full power and authority, annually to levy and collect, in lieu of the sum now authorized by law to be raised, by a tax on the real and personal property in the bounds of said town, and the donation lands attached thereto, any sum which they, in their discretion, may deem proper, not exceeding one hundred and fifty dollars; and also, that said Trustees may levy and collect, on each white male citizen of said town, oyer the age of twenty one years, and each free black male over twenty one years, a poll tax, not exceeding fifty cents, to be assessed, levied and collected, as now directed by law. SEC. 2. That for any tax to be levied under this law, upon Lien given the real and personal property in said town, and the donation on property for land attached thereto, that there shall exist a lien in favor of the Trustees for said tax, unless the same shall be paid; and in case the owners of such property shall fail to pay such tax, on or before the first day of September in each year, it shall be lawful for said Trustees, by their Town Collector, to sell, at Property may be sold for taxthe court house door in said town, at the October County es-how & by Court, so much of said real estate as will pay off and discharge the taxes due thereon, which shall vest the purchaser with the right to hold the same: provided, however, that the owner or purchaser of any estate so sold, their heirs, executors or administrators, may, at any time within two years, redeem the same, by paying or tendering to the purcaser thereof, the sum for which it sold, with interest thereon, at the rate of ten per cent. per annum, from the time of such sale, until the day of payment or tender; and if the owner of any property so sold, shall fail to redeem the same within two years, the Trustees shall, if required so to do, by the purchaser, convey the said convey proper- estate so sold, to such purchaser; and if any such purchaser shall remove himself out of the county of Adair, within the time limited for redemption, such estate may be redeemed, by paying the purchase money into the hands of the Clerk of the Board of Trustees, with the per centum for the benefit of the purchaser, who shall pay over the same to the purchaser, or his order. How property may be redeemed. Trustees ty sold. may SEC. 3. That the Trustees of said town shall have power to Patrol may employ a Town Patrol, as they may judge proper, to be paid be employed. out of any monies they may levy, at the discretion of the Trustees; and said Trustees shall have power to make any such appropriations as they may deem reasonable, and for the benefit of the citizens, in grading or levelling the public square, or all or any of the streets and alleys in said town; and to make such other improvements in said town, as they may deem necessary for the comfort and convenience of the citizens thereof. Approved February 18, 1839.. |