about four hundred acres, known as the mill tract, lying and being in the county of Anderson, upon such terms and credits as may seem best and most to the advantage of the parties concerned. 1839 thereof. SEC. 2. That the said court, before decreeing such sale, shall Adm'r to give cause the proper parties to be brought before the court in the bond, condition usual manner in proceedings in chancery, and in case a sale of said land shall be decreed, the said court shall require said administrator to execute bond with good surety, conditioned for the faithful application of the proceeds of such sale to the pay. ment of the debts of said deceased, and for the payment of the surplus (if any,) to the person or persons entitled thereto as legatees or distributees of the estate of said deceased, and make all such orders and decrees in the premises which may be found necessary to carry into effect the sale and conveyance of said land to the purchaser or purchasers, and the faithful application of the proceeds thereof as herein directed. Approved February 21, 1839. CHAP. 1338.-AN ACT for the benefit of certain subscribers to the Protestant WHEREAS, it is represented to the present General Assembly that in the year eighteen hundred and thirty five, the Rev. erend William McCallan, of the Protestant Episcopal Church, raised by the contribution of various persons a fund for the purchasing a lot of ground in Russellville, Kentucky, on which to erect a house of worship in Russellville, for the benefit of the Protestant Episcopal Church, in said town, and with a portion of said fund bought a lot, to-wit: lot No. 5, or a part thereof, in Samuel Caldwell's addition thereto from D. N. Russell, which was conveyed by himself and wife, by deed, bearing date the twentieth day of May, eighteen hundred and thirty five, to John C. Henry, George W. Ewing, William L. Hardin, Thomas W. Stockdale, Robert R. Peebles, James McCallan, William E. Curd, James W. Wilson and James Armstrong, in trust for the use and benefit of the Protestant Episcopal Church in Russelville, that afterwards finding the fund so raised was insufficient to erect such house, he repaid the sum that remained after said purchase to a portion of the contributors thereto, and totally abandoned the project: leaving some to whom no portion was re-paid; and it appearing that there is now no Protestant Episcopal Church in said town for whose use the said lot was bought, and for whose benefit said Trustees were to hold it: that a portion of said Trustees are dead, and others have moved from the country, and no successors have been or can be appointed to take their places and, whereas, it is the wish of all who survive and 1839 are interested that the said lot of ground should be sold, and the proceeds applied to the benefit of those who originally contributed, and have not had their donations re-paid, but doubts are entertained as to the power to do the same-for remedy whereof, Be it enacted by the General Assembly of the Commonwealth Pet. in ch'y. of Kentucky, That it shall and may be lawful for any one or may be filed,& more persons, or their legal representatives, who contributed for what pur- to the said original fund, raised as aforesaid, by the said Wil pose. liam McCallan, and to whom the amount contributed has not been re-paid, to present his, her or their, petition, to the Judge of the Logan Circuit Court, at any of the sittings of said court, setting forth, in substance, the facts above mentioned; and upon its being satisfactorily shown to said court, by proof, oral or otherwise, that there is no Protestant Episcopal Church or regularly organized congregation of that denomination in Russellville, and that the prayer of such petition is reasonably just and equitable, such court shall decree that the lot or parCourt may cel of ground, in the preamble hereto mentioned, shall be sold, decree sale & and the proceeds thereof applied, by the said William McCaldirect application of proceeds lan, or such other fit person as the court shall appoint, to the re-payment of the contributions of such persons to said original fund, to whom, or their legal representatives, as it shall appear, have not heretofore been re-paid, or in case the fund arising from such sale shall not be sufficient to re-pay the full amount to each yet unpaid, such Commissioner shall re-pay or distribute pro rata. Approved February 21, 1839. CHAP. 1339.-AN ACT for the benefit of Annie H. Blair, and the widow and heirs of William C. Warfield. WHEREAS, it is represented to the present General Assembly that Annie H. Blair is entitled by descent from her father, Walter Warfield, to one third part, and by devise from her brother, Charles H. Warfield, to one other third part of two, houses and lots, situated in the city of Lexington, on the Northeastwardly end of Jordan's row, and fronting the public square; that the remaining third of said houses and lots belong to the widow and heirs or devisees of her deceased brother, William C. Warfield, and that the said estate is comparatively unproductive, and not susceptible of a fair division in kind-for remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commay be filed & monwealth of Kentucky, That it shall be lawful for Annie for what pur- H. Blair to exhibit her bill in chancery in the Fayette Circuit Court, setting forth her title to an undivided interest, in and pose. to two certain houses and lots, situated on Jordan's row in the * 1839 to Widows dow er may be sold not consent,do SEC. 2. That upon the coming in of the report of the ComGuardian of missioner of the sale, and before the final decree of said court, infant heirs of the court shall require bond with sufficient security from the Warfield guardian or guardians of the infant heirs of William C. War- give bond. field, conditioned as like bonds are now required by law to be; and the said court shall, also, have power, with the consent of the widow of said William C. Warfield, to allow to said widow a just amount out of the proceeds of said sale, to be held by her in fee simple in lieu of her dower interest. But provided with her cons't;, the amount so to be allowed cannot be agreed upon, then it if she should shall be the duty of the court to allot, to said widow, the one wer is to be althird part of the interest of said heirs or devisees for life, re- lotted her. quiring said widow first to enter into bond, with ample security, to account for the same to said heirs or devisees, and upon her failure to execute said bond, said court shall make such order for lending out the same for the benefit of said widow during her natural life as to him may seem proper, requiring like bond and security from the person or persons borrowing the same, and from time time, said court may make all necessary orders calculated to secure said money, and the proceeds thereof, for the benefit of the parties interested, and do all other acts, touching the same, that a Chancellor may, by the general laws of the land, be authorized and empowered to do. Approved February 21, 1839. Proceeds of sale may be loaned out. CHAP. 1340.-AN ACT for the benefit of the Sheriff of Livingston county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Livingston county be allowed until the first day of July, eighteen hundred and thirty nine, to return his delinquent list for revenue tax due from said county for the year eighteen hundred and thirty eight, to the Auditor's office; and when the same shall be 1839 returned, the Auditor of Public Accounts is hereby directed to issue his warrant on the Treasury for the amount of said list, which shall be paid out of any money in the Treasury not otherwise appropriated. SEC. 2. That said Sheriff shall have until the next session of the Court of Assessment of the twenty fourth Regiment of Kentucky Militia to return his delinquent list of muster fines in said Regiment, collectable in the year eighteen hundred and thirty eight; and said Court of Assessment shall allow the same in the same manner, and direct the payment thereof in the same way, as though it had been returned in the time now directed by law. Approved February 21, 1839. CHAP. 1341.-AN ACT to allow an additional Constable to the county of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there is hereby allowed to the county of Monroe one additional Constable, who shall be appointed by the County Court of said county, in the district of Squire George McPherson, of said county. Approved February 21, 1839. CHAP. 1342.-AN ACT to change the time of holding the Muhlenburg Circuit Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Circuit Court of the county of Muhlenburg, shall, from and after the year eighteen hundred and thirty nine, commence on the Mondays preceding the last Mondays in March, June, and September, in each and every year, and continue six juridical days at each term, provided the business in said court shall require it. Approved February 21, 1839. CHAP. 1343.-AN ACT to amend an act, entitled, an act to regulate equitable proceedings under five pounds, before Justices of the Peace. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Justices of the Peace shall have 1839 Justices' ju risdiction and manner of pro all original jurisdiction in cases in equity under five pounds, under the same rules, regulations and restrictions, that Circuit - Courts now have jurisdiction in chancery over five pounds: provided, that no suit against a non-resident shall be determined until an order shall have been entered by the Justice, war- ceeding. ning such non-resident to appear on some day mentioned in said order, not less than thirty nor more than sixty days after granting the order: and, provided further, that any complainant, seeking the benefit of this act, shall make a written statement, under oath, that so much as he or she is seeking to collect, is justly due to him: and, provided also, before any order for the payment of money is made by any Justice under this act, the complainant shall prove his demand and give bond, with approved security, conditioned to pay all such damages as any defendant may sustain; and provided that no person who may be garnisheed shall be bound to pay any cost accruing on the said proceeding, nor shall he be compelled to answer in writing, but orally, on oath. SEC. 2. The Justice issuing the appropriate process, shall endorse on the same an order restraining such person, so to be summoned, not to pay to the debtor the amount owing him, until the further order of such Justice; provided that no greater amount than five pounds, and the probable cost of the suit, be thus endorsed.. Restraining order to be en dorsed. Fees to jus SEC. 3. The fees of the Justice shall be, for each summons, twenty five cents; each bond, twenty five cents; each judg- tice and conment and entering the same, twenty five cents; each warning stable. order, twenty five cents; executions, as now allowed by law. The fees of the Constable shall be, for serving each summons, twenty five cents; and for other services, as now allowed by law. Approved February 21, 1839, CHAP. 1344,--AN ACT to amend an act, entitled, an "act to prevent further confliction in land claims, and to secure to seaters and improvers a preference of location to lands improved by them." Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the actual settler on any vacant and unappropriated land in this Commonwealth, shall have a preemption right, subject to the limitations and conditions of the laws now in force, to any number of acres of said land, not exceeding one hundred, which shall be laid off so as to include his improvement, and as nearly as may be in a square. SEC. 2. That so much of any law as allows any actual settler a pre-emption right for more than one hundred acres of land as aforesaid, be, and the same is hereby repealed. Approved February 21, 1839. |