County: AND WHEREAS, It is further represented, that doubts exist as to whether the said Benjamin Alsop resides within the precise limits of said district, as laid off by said County Court: now, therefore, for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Benjamin Alsop be, and he is hereby, added to the Constable's District including the town of Owensboro', in pursuance of the appointment of said County Court; and that all his acts, as such, shall be as legal and binding as if he resided within the limits of the Constable's District as laid off by the County Court of said county. Approved January 22, 1845. 1845 CHAPTER 50. AN ACT to incorporate the Richmond Female Institute. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John F. Busby, Thomas H. Christopher, Charles J. Walker, Albert G. Irvine, John Smith, and Samuel C. Kikendall, be, and they are hereby, constituted a body politic and corporate, to be known by the name of the Trustees of the Richmond Female Institute, and by that name shall have full power to sue and be sued, plead and be impleaded, in any court of law or equity in this Commonwealth; and full power to purchase and hold, receive, by donation or otherwise, sell and convey, any property, real or personal, which they may deem necessary for the use and benefit of said Institute; and shall have perpetual succession, and a common seal, with full power to break, alter, and change the same at pleas ure. SEC. 2. The said Trustees may elect a President and other officers of their own body; and upon the death, resignation, removal, or disability of any of the Trustees, the remaining Trustees shall fill the vacancy by ballot; and they shall have full power, from time to time, to establish such by-laws, rules and regulations, as they may think necessary for the government of said Institute, not inconsistent with the constitution and laws of this Commonwealth. SEC. 3. The said Trustees shall have power, from time to time, to employ such teacher or teachers as they may deem necessary, to conduct said Institute: to fix the prices of tuition; to suspend or expel, at their pleasure, any student, for disorderly conduct; and to confer appropriate degrees, in the arts and sciences, upon such students or graduates, as they may, from time to time, deem worthy to receive the same: Provided, That the Legislature reserve to themselves, at all times, the right to modify, alter, or repeal, this act of incorporation. Approved January 22, 1845. 1845 CHAPTER 51. AN ACT to provide for a change of venue in the prosecution against Addi son, a slave. WHEREAS, It is represented to the General Assembly, that Addison, a slave, the property of Greenberry A. Gaither, stands indicted, in the Hardin Circuit Court, for murder, and owing to the prejudice of the citizens of Hardin county against said slave, he cannot have a fair and impartial trial in said county: for remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the venue, for the trial of Addison, be, and the same is hereby, changed to the county of Meade; and that the Clerk of the Hardin Circuit Court forthwith transmit to the Clerk of the Meade Circuit Court, said indictment, orders, and other proceedings thereunder had, or therewith in anywise connected; and that he take the receipt of the Clerk of the Meade Circuit Court therefor. SEC. 2. That, in the event said indictment be held defective, or on failure of indictment, or for any other defect or cause whatever, the Circuit Court of the county of Meade is here by invested with full and ample jurisdiction of the offence as though the same were committed in the county of Meade. SEC. 3 That the witnesses attending the Meade Circuit Court, in consequence of this change of venue, shall be allow ed the same pay, per day, and mileage, as other witnesses going out of their county, under legal process; and that the Meade Circuit Court have as full and ample power to compel the attendance of witnesses, as it would have, under the ex isting laws, had the offence originated in the county of Meade. SEC. 4. That the Jailer of Hardin county forthwith hand over into the custody of the Sheriff of Hardin county, Addi son, taking his receipt; and that the Sheriff of Hardin forthwith convey Addison to the jail of Meade county, and take the Jailer's receipt therefor, whose duty it shall be, safely to keep said Addison, as other felons, until the sitting of the Court. SEC. 5. That a reasonable compensation be allowed the Sheriff of Hardin, for his services under this act, to be fixed by the Meade Circuit Court, at its first session after the passage of this act, by order on the Treasury. Approved January 22, 1845. CHAPTER 52. AN ACT to allow an additional Justice of the Peace to the county of Trimble. CHAPTER 53. AN ACT for the benefit of William Berry and wife, of Adair county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the County Court of Adair county to levy, annually, any sum under fifty dollars that said Court may think proper, for the support of William Berry and his wife, without requiring them to be kept at the poor house in said county, and pay the same to such person as the Court may select, for their use and benefit, so long as they may continue to live in said county, and may be unable to support themselves. Approved January 22, 1845. 1845 CHAPTER 54. AN ACT for the benefit of David Janes and his wife. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the County Court of Adair county to levy, annually, any sum not exceeding fifty dollars that said Court may think proper, for the support of David Janes and his wife, without requiring them to be kept at the poor house in said county, and pay the same to any person or persons as the Court may select, for their use and support, so long as they may continue to live in said county, and may be unable to support themselves. Approved January 22, 1845. CHAPTER 56. AN ACT amendatory of the several acts concerning the town of Newport, Boundary of SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the following tract of land is hereby added and made a part of the town of Newport, and addition. subject to all the laws and statutory regulations relating to said town, as now established, to-wit: all that tract of land adjoining the present town, comprehended within the following boundary, to-wit: beginning at low water mark on Licking river and lower corner of Bowler's lot of five acres, occupied as a rope walk; thence with his line North 50° East, to the southerly corner of lot No. 24; thence North 40° West, eighteen poles twelve links, to the westerly corner of said out lot No. 24; thence with another line of said out lot, North 50° East, twenty six poles, to the southerly corner of out lot No. 3; thence with the line of out lots No. 3, No. 2, and No. 1, North 40° West, fifty six poles and a fraction, to the westerly corner of out lot No. 1; thence South 50° West, to the lower back or northerly corner, to the saw mill lot of 11 acres; 1845 increase taxes. thence with a line of the same, South 40° East, about nine poles, to the easterly corner of said saw mill lot; thence with the upper line of the same, South 50° West, to the upper corner on the river, of said lot, at low water mark; thence up. the Licking river, as it meanders, at low water mark, to the beginning, containing thirty one acres, be the same more or less. SEC. 2. Be it further enacted, That the Trustees of said Trustees may town, a majority thereof concurring therein, are hereby emthe powered to increase the taxes above the rate at present provided for by law, in any sum, so that the entire tax shall not exceed sixty cents in the one hundred dollars, to be assessed upon the property of said town, under the laws of said town subject to taxation, and collectable in the same manner as the present taxes are collected, subject to the same rules and regulations. how. SEC. 3. Be it further enacted, That when any parcel of Lots sold for ground, situate in said town, shall be sold for grading tax and taxes may be paving tax, or either of them, or for any improvement in any redeemed, and street or alley, the owner of any such parcel of ground shall be allowed to redeem the same within one year after the time of such sale, by tendering to the purchaser, or his legal representatives, the amount for which said property was sold, together with fifty per centum thereon, or depositing the same with the Trustees of said town, at any regular meeting, or with the Treasurer of said Board: Provided, further, That if the interest of any person, under the age of twenty one years, or of any feme covert, or of any person of unsound mind, shall be sold to pay taxes, as aforesaid, any person laboring under any of the above disabilities, and his heirs or legal representatives shall be allowed, after the disabilities cease, the term of one year to redeem the property so sold, by paying the purchase money, with fifteen per centum, to the purchaser, or otherwise depositing the same with the Trustees or Treasurer, as aforesaid. Approved January 22, 1845. CHAPTER 57. AN ACT for the benefit of James Venable, of Shelby county. WHEREAS, It is represented to the General Assembly, that James Venable, of Shelby county, who has been found a Lunatic, is possessed of a considerable estate, real and personal, but is considerably in debt; and it is apprehended, that, if his personal property and slaves should be first sold to pay his debts, the greater part of his real estate would also have to be sold, and the remainder would not be sufficient to support the said Venable and family: therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for John Cowan, committee of said Venable, appointed by the Shelby Cir cuit Court, to file his petition in said Court, setting forth the nature and value of the estate of the said Venable; the probable amount of his debts and liabilities; the number of his family, and their condition in life, and his reasons for filing said petition, and praying the Court to decree a sale of the real estate, and then of the slaves and other personal estate of said Venable, or so much thereof as shall be necessary to pay his debts. SEC. 2. That, upon the filing of said petition, it shall be the duty of the Court to appoint three Commissioners to enquire into, and report the nature and value of the estate, and number of the family of said Lunatic, and the probable amount of his debts and liabilities; and upon the report of said Commissioners, if the Court shall be fully satisfied that it would redound to the benefit of said Venable and his family that said real estate and slaves shall be sold for the payment of debts, it shall be the duty of the Court to order and decree that the same be sold, or such portion as the Court may think necessary, and upon such terms as may be deemed reasonable, consistent with the rights of creditors. SEC. 3. Any creditor of said Venable shall have the right to file his petition to be made a party to said cause; and it shall be the duty of the Court to appoint counsel to aid the said committee, and the said Venable, in the investigation of the claims against him; and said committee and counsel shall have a right to demand a jury, if they think proper, for the trial of any case. SEC. 4. All such claims as shall not be tried by a jury in Court, shall be referred to a Master in Chancery, who shall take proof, and ascertain and report the amount justly due each creditor, with all other necessary facts, to enable the Court to render a decree; and, thereupon, it shall be the duty of the Court to make such decrees and orders as shall be necessary to do justice to all parties, and best calculated to effect the payment of the debts with the least sacrifice of property. SEC. 4. That said Venable shall be notified of the time and place of filing said petition, at least ten days; and the committee shall be required, before the land is sold, to give bond, with good security, conditioned for the faithful discharge of all his duties. SEC. 5. The Court may make such allowance to the committee and counsel, and Master in Chancery, as shall be deemed reasonable, to be paid out of the proceeds of the sales. Approved January 22, 1845. 1845 |