1839 CHAP. 1345.-AN ACT for the benefit of Thomas Croper, James Southard and WHEREAS, it is represented to this General Assembly, that Thomas Croper is part owner of a certain tract of land in Union county, containing eight thousand acres, which said 'land has been entered with the Auditor of Public Accounts as non-resident land, and as such forfeited to this State for non-payment of the taxes for the years eighteen hundred and thirty six, eighteen hundred and thirty seven and eighteen hundred and thirty eight; and the said Croper having procured a division of said land by which he has become sole owner of three thousand acres thereof-therefore,. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts Croper's land be, and he is hereby, directed to release from forfeiture the released from said three thousand acres of said land, on his fully paying all taxes, costs and damages due the State for said three thousand acres of said land. forfeiture. Preamble. And, whereas, it is represented, that James Southard, of the county of Jefferson, is a part owner of certain tracts of land in the county of Meade, amounting to forty eight thousand acres, which has been entered as non-resident. lands, in the name of Samuel Bleight, and as such has been forfeited to the State for the non-payment of taxes thereon, and that the said Southard has entered the said land for taxation with the commissioner of the revenue for said county, and fully paid the taxes due thereon to the Sheriff of said county-therefore, SEC. 2. Be it further enacted, That the Auditor be, and he Southard's is hereby, authorized and directed to release from forfeiture lands released the above forty eight thousand acres of land without any pay from forfeiture. ment whatever thereon. SEC. 3. Be it further enacted, That William Sugg be, and Wm. Sugg he is hereby, authorized and permitted to redeem from forpermitted to re- feiture, one hundred and forty four acres, part and parcel of deem lands by paying taxes. a fourteen hundred acre military survey, lying near the line between Henderson and Hopkins counties, on the waters of Deer creek, and patented to John Hurt by the payment of the proper proportion of the tax, for non-payment of which, said tract of fourteen hundred acres was forfeited, together with the proper proportion of the interest and costs of said forfeiture; and the Auditor is hereby authorized and required to settle with said Sugg for the same; and, also, upon the production of the proper certificate, to strike said one hundred and forty four acres of land from his books. Approved February 21, 1839 A CHAP. 1346.-AN ACT for the benefit of James Doyle and his legal representatives. WHEREAS, it is represented to this General Assembly, that James Doyle, late of Clarke county, in this State, has been absent from said county for several years, but not so long as to create a legal presumption of his death, and that he has been occasionally afflicted with mental alienation, and other infirmities, and consequently that his estate in Kentucky will be greatly jeoparded by the want of that proper attention and care which no one is now authorized to bestow thereon; and his estate may be thereby wasted to the injury of himself or his legal representatives therefore, 1839 A curator may be ap'ted SEC. 1. Be it enacted by the General Assembly of the Com-. monwealth of Kentucky, That the Clarke Circuit Court be hereby authorized, from time to time, on the petition of any and his powers of his next of kin, and on satisfactory proof of the facts set and duties. forth in the preamble to this act, to appoint a curator of the personal estate of said James Doyle, and said curator is hereby vested with power to collect and preserve the estate and debts of the said Doyle by suit, in his name, or otherwise, and sell his perishable estate, of which he shall make an inventory, and return the same to said court within three months after his appointment said sale to be made on a credit of twelve months, and to be advertised twenty days previously thereto, the purchaser giving bond with sufficient surety, payable to said curator in trust for said Doyle and his legal representatives; the said curator shall be chargeable with interest on any money which may come to his hands under this act, in like manner as guardians are bound for interest on the moneys of their wards; and for his services, said curator shall receive the same compensation which is allowed to executors and administrators for like services; and he shall render to said court, from time to time, an account of his actings as curator, whenever required so to do by said court: provided, that said curator shall, in open court, execute bond, payable to the Commonwealth, in a penalty, and with sureties, to be approved of by the said court, and conditioned for the due discharge of his duties as required of him by this act, and for the payment and surrender, by said curator to his successor in office, or to said Doyle, or his legal representatives, on demand, of the moneys and other property which may come to his hands as curator, after deducting his compensation for his services: and, provided further, that said curator shall be first sworn, faithfully to perform the duties herein imposed on him. tor. Pay to cura His bond. His oath. Curator may SEC. 2. That whenever it shall appear to said court that any curator, appointed under this act, is mismanaging said fund, or be removed. that the said fund is becoming insecure by reason of the de clining pecuniary condition or insolvency of such curator or 1839 his sureties, it shall be the duty of said court to remove him, or make any other order, which, to said court, may seem necessary for the preservation of said fund. Approved February 22, 1839. tain fines. CHAP. 1347.—AN ACT for the benefit of the Trustees of the Glasgow Academy. WHEREAS, it is represented to the present General Assembly, that the Trustees of the Glasgow Academy, previous to the passage of the law giving the fines and forfeitures of this Commonwealth to the payment of Jurors, had contracted a debt, relying on the fines and forfeitures of Barren county to discharge the same; which fines and forfeitures had been given to said Academy, by an act of Assembly, approved at their session of 1834-5, and for the purpose of securing to said Academy the fines which accrued previous to the passage of the act giving the fines and forfeitures to the payment of Jurors, and subsequent to the passage of the law giving said fines and forfeitures of Barren county to the Glasgow Academyfor remedy whereof, therefore, Be it enacted by the General Assembly of the Commonwealth To have cer- of Kentucky, That all the fines and forfeitures of Barren county, that may have accrued, or for which suits may have been brought, from the first of January, eighteen hundred and thirty five, up to the first of January, eighteen hundred and thirty eight, shall be, and the same are hereby, given to the Trustees of the Glasgow Academy, for the use and benefit of said institution; any law to the contrary notwithstanding. Approved February 22, 1839. corporated. CHAP. 1348.-AN ACT to incorporate the Lebanon Lyceum. SEC. 1. Be it enacted by the General Assembly of the ComLyceum in- monwealth of Kentucky, That the present, and those who may hereafter become members of the Lebanon Lyceum, and their associates and successors, be, and are hereby, made and constituted a body politic and corporate, by the name and style of the Lebanon Lyceum; and by that name shall have perpetual succession, and are hereby made able and capable to have, purchase, receive, possess, enjoy, and retain, to them, and their successors, such tenements, goods and effects, not exceeding the Right to re- sum of five hundred dollars in value, as they may deem necespeal this act sary for the advantage of such society, and for the promotion of literature, the fine arts, and the dissemination of knowledge; reserved. the same to sell, grant, and dispose of, at pleasure: provided, that the Legislature reserve the right to repeal, amend, or modify this charter, at pleasure. SEC. 2. That the said Lebanon Lyceum is hereby empowered to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts of law or equity in this Commonwealth; and shall be, and is hereby, vested with all privileges and powers which by law are incident to corporations of a similar character; also, to make, have and use, a common seal, and the same to break, alter, or renew, at pleasure; also, to form, establish, and put in execution, such by-laws, ordinances, and regulations, as shall be necessary and convenient for the government of said corporation, and which are not contrary to the constitution and laws of this Commonwealth; and generally to do and execute, all and singular, the acts necessary to carry into effect the objects of this charter. 1839 Powers cor porate. Election of SEC. 3. That the members of said society, on the first Saturday in March, in the year one thousand eight hundred and President and thirty nine, and at such other times as shall be prescribed in other officers. its by-laws, shall meet, and elect a President, Secretary, Treasurer, and such other officers as the society may think proper for the government thereof, whose terms of office shall be limited to such times as shall be hereafter specified in the laws and regulations governing the same. President to SEC. 4. The President elect, for the time being, shall have power, and is hereby authorized, to appoint, from time to appoint officers time, committees, officers and agents, as shall be necessary and convenient to carry into effect the object for which this corporation is established; and to levy and collect taxes, fines, for- Levy fines. feitures and contributions, agreeably to the laws of said society. A majority of the members at any one time belonging to the society, shall constitute a quorum. Approved February 22, 1839. CHAP. 1349.-AN ACT further regulating the duties of the Commissioners of the Revenue. WHEREAS, it is represented to the present General Assembly, that sundry persons have failed, in the year eighteen hundred and thirty eight, to list with the Commissioners of the Revenue, their residuary estate required to be listed for taxation by the act to equalize taxation--therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Commissioners for the year eighteen hundred and thirty nine, in every case, to enquire into, and ascertain from the Commis Com'rs to take in residuary.estate not listed last year. 1839 sioner's books for the year eighteen hundred and thirty eight, or otherwise, whether each person listing his or her taxable. property for the year eighteen hundred and thirty eight, has listed said residuary estate for taxation, agreeably to the act aforesaid; and in each and every case, where any person has failed to list his residuary estate aforesaid, as directed by said act, it shall be the duty of said Commissioners to request and take from such person, a list of said residuary estate not thus listed for taxation; and in case of the refusal of such person to render a list of said residuary estate, agreeably to said act, it shall be the duty of the Commissioner to report such deinquent to the proper court, who shall institute such proceedings against such delinquent as are provided by the existing laws, in regard to persons failing or refusing, in other cases, to render lists of their taxable property. SEC. 2. That it shall be the duty of the Auditor of Public Auditor to Accounts to cause an immediate publication and circulation publish and cir- of this act among said Commissioners, by transmitting to the Clerks of the several County Courts, a competent number thereof, for distribution. culate this act. Approved February 22, 1839. Rivers de CHAP. 1350. AN ACT declaring the tributaries of Licking and other rivers navigable. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the tributary streams of the clared naviga- Licking, Kentucky, Green, Barren and Muddy rivers, be, and the same are hereby, declared navigable, from their mouth, as high up as the water may be slacked by the locks and dams now under contract, or which may hereafter be put under contract, on said streams. ble. SEC. 2. That Bull Skin creek, in the county of Clay, be, and Bull Skin. the same is hereby declared a navigable stream, from its junc-' tion with the South Fork of Kentucky river, to the forks of said stream. SEC. 3. That it shall not be lawful for any person, in any Penalty for manner, to obstruct the navigation of said streams; and whoobstructing the soever offends herein, shall, besides damages to the party innavigation. jured, forfeit and pay three dollars for every twenty four hours said obstruction may be continued, recoverable before any court of record having jurisdiction of like sums, or upon presentment or indictment of a Grand Jury; one half to the informer, and the other half to the Commonwealth. Approved February 22, 1839. |