1845 include the farm of Tandy R. Stratton, on said Creek, in Floyd county. SEC. 4. Be it further enacted, That there shall be, and is hereby, allowed one additional Justice of the Peace to the county of Greenup, who may reside in the vicinity of Springville. Approved February 10, 1845. CHAPTER 256. AN ACT for the benefit of Sarah E. Snead, an infant, of the city of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Abraham Hite, the guardian of Sarah E. Snead, infant orphan of John S. Snead, deceased, to present his petition to the Louisville Chancery Court, praying for the sale of a female slave named Sarah, belonging to his ward; and if the Chancellor of said court shall be satisfied that a sale of said slave would promote the interest of the said Sarah E. Snead, it shall be lawful for him to decree a sale on such terms as he may consider most advantageous; and to make all necessary and proper orders to secure to the said Sarah the proceeds of such sale. Approved February 10, 1845. CHAPTER 258. AN ACT to an end the charter of the city of Lexington. SEC. 1. Be it enacted by the General Assembly of the ComIn what monwealth of Kentucky, That the City Court of Lexington cases City Ct. shall have exclusive jurisdiction of all pleas of the Commonto have juris- wealth, arising within the limits of the city of Lexington, except cases of felony; and said court shall have power and authority to take recognizance, from persons charged with offences cognizable before said court, to appear and answer the same, that the Circuit Courts have; and the like power to enforce a compliance with the same. diction. Power the court. give bond. of SEC. 2. That the Marshal of said city, and his Deputies, Marshal to shall give bond, in such penalty, and with such security, as shall be required by a majority of the Council of said city, payable to the Commonwealth, and conditioned for the true and faithful discharge of his duties as Marshal, or Deputy Marshal; and for failure to perform said duties, they may be proceeded against, before said court, in the same manner and for the same penalties now provided against Sheriffs. SEC. 3. The Clerk and Marshal of said court shall receive Clerk's and the same fees allowed to the Clerks of the Circuit and County Marshal's fees. Courts and Sheriffs, for the like services, and with the same power and authority for the collection thereof; and subject to the same fines and penalties for illegal charges, to be recovered in the same manner. SEC. 4. That the Judge of the City Court shall receive an annual salary of seven hundred dollars, payable quarterly out of the Treasury of this Commonwealth. SEC. 5. That in consideration of the fines and forfeitures recovered in favor of the Commonwealth in said court, which are hereby granted to the city of Lexington to the amount of seven hundred dollars, it shall be the duty of said city, on the first day of December, in every year, to pay into the Treasury of this Commonwealth the sum of two hundred dollars, in addition to the sum of five hundred dollars heretofore directed to be paid; and on failure to pay the same, the Auditor shall proceed to coerce the said sums from said city, in the same manner as directed against the collectors of the public revenue. SEC. 6. The Attorney of the city of Lexington shall be entitled to the like fees, for the like services, as are allowed by law to the Prosecuting Attorneys in the Circuit Courts of this Commonwealth. of Attorneys Jurisdiction city Judge concur rent with. SEC. 7. The Judge of the Lexington City Court shall have concurrent original jurisdiction with Justices of the Peace in all civil cases in said city, where, by the laws of this State, Justices of the Peace are, or shall be, authorized to hear and determine, or in any manner have power to act; and all persons aggrieved by his decisions, in such cases, shall have the right of appeal to the Fayette Circuit Court, on the same terms and conditions, and subject to the same restrictions and limitations, as he or she might or could have had, if such jndgment had been rendered by a Justice of the Peace in Fayette county. All process in civil cases shall be directed to the Marshal of said city, and executed by himself or Depu- serve process. ty; and he shall be entitled to receive the same fees, for the like services, which Constables are entitled to receive, and have the same power and authority within said city; and for such civil services, the said Judge shall be allowed to receive like fees with Justices of the Peace, and collectable in like manner. Approved February 10, 1845. Marshal to Judge's fees. CHAPTER 260. AN ACT to authorize the Trustees of the town of Breathitt to change an alley in said town. Be it enacted by the General Assembly of the Commonwealth street to be of Kentucky, That Jeremiah W. South, Thomas Hagins, Trustees Simeon Bohannon, Jesse Spurlock, and John Hays, the Trus- may allow a tees of the town of Breathitt, appointed by the Breathitt closed. County Court to convey the lots in said town, are hereby authorized and required to permit John Hargis, of said town, to close the alley running from Main street back between lots 1845 Nos. 18 and 19; and the said Trustees are further authorized and required to convey the said alley, by metes and bounds, to the said John Hargis, as designated and laid down in the plat of said town: Provided, That said John Hargis first open an alley outside of lot No. 18, running parallel with, and as far back as the closed alley, and of equal width: And, provided further, That all the persons of said town, and else where, whose rights may be affected, and the owners of property in said lots, shall first give their consent, in writing, to the proposed change; which writing shall be filed with the Clerk of the County Court of Breathitt county. Approved February 10, 1845. CHAPTER 261. AN ACT for the benefit of the administrator and heirs at law of Thomas WHEREAS, It is represented to the present General Assembly of the Commonwealth of Kentucky, that Thomas Rogers, of Caldwell county, in said State, departed this life intestate, some time in the year 1843, leaving one child, Drury F. Rogers, who is an infant, under twenty one years of age; that said decedent, Rogers, was, at the time of his death, considerably in debt; that said decedent, at the time of his death, was seized and possessed of two tracts of land, one in Caldwell county, and one in Trigg county, in the State aforesaid; also, nine slaves and some little personal property; that since the death of said Rogers his title to said slaves has become disputed therefore, SEC. 1. Be it enacted by the General Assembly of the ComLand of in- monwealth of Kentucky, That it shall be lawful for Bazil fant authori- Standrod, the administrator of the estate of said decedent, zed to be sold. Thomas Rogers, and who is also the guardian of said Drury F. Rogers, if he shall be of opinion it will be to the interest of the estate of said decedent, to join with the said Drury F. Rogers in a petition, in writing, to the Judge of the Caldwell Circuit Court, praying for a decree for the sale of the two tracts of land of which the said Thomas Rogers was the owner at the time of his death, the proceeds of which sale shall be applied to the payment of the debts of said intestate. SEC. 2. That if, in the opinion of the Judge of the Caldwell Circuit Court, it will be of advantage to the estate of the decedent to sell said tracts of land, the Judge of said Court shall, by a decree in writing, in said case, appoint said administrator, or some other person, a Commissioner to sell said land, on such credit as he may deem reasonable, taking into consideration the interest of said estate, as well as that of the said Drury F. Rogers, the heir at law of said decedent; and collect the same and pay the same over to the said administrator, who shall apply the money arising from the sale of said lands to the payment of the debts of the intestate, Thomas Rogers, owing by him at the time of his death; and the residue, if any, the said administrator shall hold for the use and benefit of the said Drury F. Rogers, the heir at law of said decedent, until he becomes of age. SEC. 3. That the said Commissioner in chancery shall convey, by deed, the land sold by virtue of the decree of the Chancellor in this case to the purchaser; which deed shall, when made, be certified, by the Judge of said Court, to the Clerk of the County Court in the county where said land lies, for record. SEC. 4. That the Judge of either the Caldwell Circuit Court or Trigg Circuit Court shall have jurisdiction of said case, and dispose of the lands in both counties by one decree. SEC. 5. That before said Rogers shall receive the proceeds of sales, he shall give bond, with good security, and in such penalty as shall be approved of by the Court, ordering the sale, under this act, faithfully to apply the money, so received, in paying the debts of his intestate; and the balance, if any, to his ward, Drury F. Rogers, his heirs, &c. SEC. 6. That the marriage contract existing between Cyrus Lindsey and his wife Elizabeth Lindsey, be, and the same is hereby, dissolved, so far as it relates to the said Elizabeth; and she is hereby restored to all the rights of an unmarried wo man. SEC. 7. That the fourth section of an act, entitled, an act for the benefit of the Sheriffs of Marshall, Calloway, Larue and Union counties, approved 7th February, 1845, be, and the same is hereby, repealed. Approved February 10, 1845. repealed. CHAPTER 262. AN ACT for the benefit of Burr Harrison, and the infant heir of Elizabeth Sale of real SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Burr Harrison to file his petition or bill in chancery in the estate decreed. Nelson Circuit Court, making Cuthbert H. Bain, his grandson, and infant heir at law of Elizabeth H. Bain, deceased, formerly Elizabeth H. Harrison, a party thereto; and shall state in said bill or petition that it is necessary, and would be to the advantage of said Cuthbert H. Bain and himself, who are the only persons interested, to sell the lands the said Elizabeth H. Bain, deceased, derived by inheritance, or otherwise, from her mother, the late Elizabeth Harrison, formerly Elizabeth Hynes, and the same that was conveyed, by deed, from William P. Bain, and the said Elizabeth H. Bain, deceased, his wife, to the said Burr Harrison, bearing date the sixth day of February, 1837, and of record in the office of the Clerk of 1845 Duty guardian. of Court to appoint Commis sioner to convey. for may file his the Nelson County Court, which deed was not proven or acknowledged before the Clerk of the Nelson County Court, as to its execution by the said Elizabeth H. Bain before her death; and the said Burr Harrison shall file, with said bill or petition, the deed or deeds or other evidences of title, to the land or lands prayed to be sold: which bill or petition shall be verified by the oath of said Burr Harrison: and when the said Cuthbert H. Bain, infant heir as aforesaid, shall be legally and properly before the Court, by himself and his guardian ad litem, it shall and may be lawful for said Court to decree a sale of said land or lands, mentioned and described in said bill or petition, upon such terms and credit as said Court shall deem most advisable: Provided, said Court shall be of opinion, from the evidence, by proof made in Court, orally or by deposition, that it would be to the interest and advantage of said infant heir to sell said lands. SEC. 2. That upon entering said decree, the guardian to said infant heir, and in case he shall have no guardian, the Court shall appoint a guardian, who shall enter into bond, with good security, in at least double the amount said infant may be entitled to of the purchase money that may arise from the sale of said lands, payable to him the portion he would be entitled to by law, on his arrival at the age of twenty one years, together with such interest as the same may produce. SEC. 3. That it shall be the duty of said Court to appoint a Commissioner to convey, as well on the part of said Burr Harrison as the said Cuthbert H. Bain, infant heir aforesaid, said lands to the purchaser or purchasers, after the purchase money shall be paid; which conveyance, when made and acknowledged before said Court, shall be effectual in law and equity to pass the title to the purchaser or purchasers. SEC. 4. Be it further enacted, That it shall be lawful for Jas. Virden James Virden, and Mary Virden his wife, for themselves and their children, to file in the Fayette Circuit Court their petition, to which said children shall be made parties, for the sale of a tract of land in Woodford county, containing about twenty eight and one half acres, which is held by the said James Virden for the separate use of his wife and children; upon the filing of said petition, said Court shall appoint three disinterested persons, as Commissioners, who shall, under oath, proceed to value the estate sought to be sold, and to give their opinion whether it is to the interest of said Mary Virden, and her children, that said land should be sold, and the proceeds vested in a house and lot in the city of Lexington; and upon the coming in of said report said Court, if it appear to said Court to be to the interest of said Mary Virden, and children, shall decree a sale of said land in Woodford county, and the investment of the proceeds in a house and lot in Lexington, and a conveyance shall be taken for the same; and the said house and lot shail be held in the same manner and for the same uses that said tract of land, hereby authoriz |