CHAP. 1313.-AN ACT to authorize the settlement of the accounts of Worden Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be, and he is hereby, authorized to settle with the administrators of Worden Pope, late Clerk of the Jefferson County and Circuit Courts, on equitable principles as though judgment had not been entered against him. SEC. 2. That the administrators of said Clerk are hereby authorized to make out and list for collection, all fee bills due said Clerk, and have the same authority to collect the same as he would have were he living, and had proceeded to collect them in due time. Approved February 20, 1839. 1839 CHAP. 1314.-AN ACT for the benefit of the Sheriff of Floyd county. WHEREAS, it is represented to this General Assembly, that Andrew Rule, Sheriff of Floyd county, did attend at Frankfort, in the year eighteen hundred and thirty eight, for the purpose of depositing with the Secretary of State, a list of the names of the voters of said county who voted for a convention to revise the Constitution of this State; and it having been represented that the poll books, or a part thereof, had been lost, which prevented him from fully complying with the provisions of the law on this subject-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be, and he is hereby, directed to issue his warrant on the Treasury, in favor of said Sheriff, for such amount as he would have been entitled to had he fully complied with the laws of this State on this subject: provided that he shall, or some one for him, deposite an affidavit with said Auditor, that he did attend at Frankfort as above, and that he was prevented from complying with the laws of the State in consequence of the loss of the poll books of said county, or a part thereof, and that such loss. was not through his or his deputies default or neglect. Approved February 20, 1839. CHAP. 1315.-AN ACT allowing an additional Justice of the Peace to the county of Logan, and an additional Constable to Hopkins county. WHEREAS, it is represented to the General Assembly, that the town of Adairsville, and that part of Logan county adja 1839 cent thereto, and for a distance of several miles around, is without any Justice of the Peace, in consequence of which the citizens of a considerable portion of the most densely populated and wealthy section of said county, are made to suffer much injustice and great inconvenience-for remedy whereof, SEC. 1. Be it enacted by the General Assembly of the ComJustice to Lo- monwealth of Kentucky, That one additional Justice of the Peace is hereby allowed to said county of Logan. gan. SEC. 2. That the County Court of Hopkins (a majority of Constable to its members concurring therein,) shall have power to appoint Hopkins. one additional Constable for said county, who shall reside between Elk and Otter creeks, and east of the road leading from Madisonville and Henderson. Approved February 20, 1839. CHAP. 1316.-AN ACT for the benefit of Robert G. Lewis. WHEREAS, it is represented to the present General Assembly, that Robert G. Lewis, a Justice of the Peace in the county of Fleming, hath lately had his dwelling house destroyed by fire, together with all his furniture, books, papers, and about eight hundred dollars in cash, leaving him without the means of procuring such books as are necessary to enable him effectually to discharge the duties of his office-therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Secretary of State furnish to said Lewis, such books as Justices of the Peace are entitled to under the existing laws of this Commonwealth. Approved February 20, 1839. CHAP. 1317.-AN ACT for the benefit of Joseph McDowell. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be, and he, is hereby, authorized and directed to issue his warrant on the Treasury for fourteen dollars and forty cents, in favor of Joseph McDowell, to be paid out of any money in the Treasury not otherwise appropriated. Approved February 20, 1839. CHAP. 1318.-AN ACT to authorize the election of Trustees of the town of SEC. 1. Be it enacted by the General Assembly of the ComTrustees elec'd monwealth of Kentucky, That it shall and may be lawful for 1839 the free white male inhabitants, in the town of Port Oliver, over twenty one years of age, to meet at the house of John F. Gaines, in said town, on the first Monday in May next, and on the same day in each year thereafter, and elect three fit persons residing in or within one half mile thereof, as Trustees of said town; who, after being sworn to discharge. faithfully the duties of Trustees of said town, shall be authorized to make such regulations for the government of said government of town, as are usual for the government of such towns, and not the town. inconsistent with the constitution and laws of this State. SEC. 2. That the said Trutees shall have power and authority to convey the title to any lot, or lots, in said town, when the present owners thereof shall require them to do so, and they shall have power to convey any lot, or lots, which may have been heretofore sold, and the title thereof not conveyed: provided, however, that the person, or persons, applying for the same, shall exhibit satisfactory proof that the purchase money has been paid. Approved February 20, 1839.. May make rules &c. for May convey lots, &c. CHAP. 1319-AN ACT to amend an act entitled, an act to regulate the election of Trustees for the town of Scottsville. WHEREAS, doubts have arisen whether the citizens of Scottsville should elect Trustees of said town under the act to which this is an amendment, or under a general law subsequently passed, and whether it is the duty of said Trustees to work the streets of said town-therefore, When and trustees Trustees to be SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Clerk of the County Court how of Allen county, shall, on the first Monday in March next, are to be elec'd. after the passage of this act, hold an election in the court house of said county, for the purpose of electing five Trustees for said town, who shall be free white males over the age of twenty one years, and citizens of said town; at which elec- elected annualtion all the free white male citizens of said town shall be en- ly. Vacancies, titled to vote for said Trustees; and all elections for Trustees how filled. of said town, after the first election herein provided for, shall, on the first Monday of March, be held, and in the same manner annually, during the continuance of this act; and should any vacancy occur in said Trustees, after they shall be elected, and before the next annual election, said Trustees shall have power to fill the same; and the person, or persons, so appointed, shall continue in office until his or their successors shall be appointed by annual election; a certificate of said election shall be made by said Clerk, and delivered to said Trustees, who shall record the same in their office; and should said Clerk at any time fail to hold said election, on the day 1839 work on and herein mentioned, then, as soon thereafter as practicable, which election shall be as valid as if made on said first Monday in March. way SEC. 2. That it shall be the duty of said Trustees to cause to be worked and kept in good order, the streets, one half mile Trustees to each from the court house of said town, either by rekeep streets in quiring all the male citizens of said town, of the age of sixteen and under the age of fifty years, to work thereon, or by levying a tax, as provided for in the above recited act.. good order. SEC. 3. That said Trustees shall have power to levy and May tax hi- collect tax by virtue of said act, to which this an amendment, red negroes. at the same rate and under the same regulations, upon all hired slaves in said town, and which shall be paid by the person or their agent having said hired negroes or slaves in their employment. SEC. 4. That instead of said Trustees sinking a well on the May sink north east corner or angle of the public square in said town, swell on public as provided for in said original act, they are hereby permited to sink and make a well upon any part of said public square provided the same will not interfere with, or injure, any public or private property. quare. Approved February 20, 1839. CHAP. 1320.-AN ACT to provide for the appointment of Attorneys for the Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act entitled an act to continue in force the law for the appointment of Commonwealth's Attorneys, approved February seventeenth, eighteen hundred and thirty seven, be, and the same is hereby, continued in force until the first day of December next. Approved February 20, 1839. CHAP. 1321-AN ACT to allow additional Justices of the Peace and Constables to several counties. WHEREAS, it is represented that the citizens of Wyoming, in Bath county, labor under many inconveniences for the want of a Justice of the Peace, and Constable, residing in said town-for remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be allowed an adJustice to Bath ditional Justice of the Peace to the county of Bath, and one additional Constable to said county, which said Constable shall reside in the town of Wyoming. SEC. 2. That there shall be, and is hereby, allowed one additional Justice of the Peace to the county of Graves. 1839 Justice to Graves. Constable to Hickman. Constable to SEC. 3. That there shal be, and is hereby, allowed an additional Constable to the county of Hickman, who shall reside between H. B. French's and where the State line first strikes the Mississippi; and that an additional Constable is allowed to the county of Graves, who shall reside in township four, Graves. range one, east, in said county; and, also, one additional Justice of the Peace to the county of Lawrence, who may reside on Rockcastle creek. Approved February 20, 1839. CHAP. 1322,—AN ACT for the benefit of the heirs and representatives of Joseph WHEREAS, it is represented to the present General Assembly, that Joseph Walker died many years since in Shelby county, having first made and published his last will and testament, which was duly admitted to record in that county, by which he authorized his executors and executrix to sell a tract of land which he owned, lying in said county; which was afterwards sold, in accordance with the provisions of said will, to Masterson Ogden, by executory contract, out of which grew a protracted law suit between the representatives of said Walker and said Ogden, and that during the pendency of the same said land came into the possession of John M. Ogden, by contract, or gift, from his father, the said Masterson, with whom James W. Rice, the authorized agent of Walker's representatives, made a contract of compromise of the matters in controversy in said suit, by which the title held by said Walker was to be conveyed to said John M. Ogden; and that owing to the death of one of said executors, the title of said Walker can not be conveyed to said Ogden, as stipulated for in said contract of compromise-therefore, Bill in Ch'y. for what pur Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Polly Rice, late Polly Walker, surviving executrix of said Joseph Walk- may be filed & er, (or her executor or administrator, in case of her death,) pose. to exhibit a bill in Chancery in the Bourbon Circuit Court, (either alone or in conjunction with the adult devisees of said Walker, making the other devisees and heirs defendants,) setting forth the facts of the case, and said contract of compromise; and if said court shall be satisfied that said compromise was beneficial to the devisees and heirs of said decedent, then it may confirm the same, and appoint a Commissioner |