LAWS OF KENTUCKY. PASSED AT DECEMBER SESSION, 1844. WM. OWSLEY, GOVERNOR; ARCHIBALD DIXON, LIEUT. GOVERNOR LOCAL AND PRIVATE LAWS. CHAPTER 2. AN ACT for the benefit of Isaiah Heston, late Sheriff of Breckinridge county. C. S. MOREHEAD, Speaker of the Senate. Approved January 8, 1845. WM. OWSLEY. By the Governor, BEN, HARDIN, Secretary of State. CHAPTER 3. AN ACT to change the name of Catharine Sherwood Walton Wooldridge. WHEREAS, Sherwood W. Atkinson, and Catharine M. Atkinson, his wife, and Thomas M. Wooldridge, have petitioned this Legislature to change the name of Catharine Sherwood Walton Wooldridge, "the daughter of said Thomas M. Wooldridge, and the adopted daughter of said Sherwood W. Atkinson and wife," to that of Catharine Sherwood Walton Atkinson, and that she inherit the estate of said Atkinson and wife: therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the name of the said Catharine Sherwood. 1845 Walton Wooldridge be changed to that of Catharine Sherwood Walton Atkinson, and that she inherit the estate of said Atkinson and wife, in the same manner as though she were their own daughter. Approved January 8, 1845. CHAPTER 5. AN ACT for the benefit of Robert and Mary Price. 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, the sum of eighty dollars, for the support of Robert Price, and Mary Price, his wife, without requiring them to be kept at the poor house in said county, and pay the same to such person as said Robert and Mary Price may reside with, so long as they may continue to live in said county, and may be unable to support themselves; and in case of the death of either of them, forty dollars, to be levied and paid in like manner to the survivor. Approved January 9, 1845. CHAPTER 6. AN ACT to amend an act, entitled, an act to amend the charter of Cumberland College, approved February 16th, 1838, and the act approved February 18th, 1841. WHEREAS, The Board of Directory of Cumberland College Association is likely to become extinct by reason of the failure of the General Assembly of the Cumberland Presbyterian Church to appoint the members of said Board, at its stated meetings, and to fill vacancies in said Board whenever they occur: AND WHEREAS, The said General Assembly of the Cumberland Presbyterian Church, at its last stated meeting, failed and declined to exercise the power of appointment of said Board of Directory, as required by law: AND WHEREAS, The said General Assembly of the Cumberland Presbyterian Church, at its stated meeting, disavowed all connection with the Cumberland College, the Association, and the Directory thereof, and resolved to disconnect itself from said Institution: therefore, SEC. 1. Be it enacted by the General Assembly of the ComPower vest- monwealth of Kentucky, That the power and authority vested ed in Green in the General Assembly of the Cumberland Presbyterian river Synod. Church, by the second section of an act, approved February 16th, 1841, entitled, an act to amend an act, entitled, an act to amend the charter of Cumberland College, and for other purposes, approved February 16th, 1838, be, and the same is hereby, vested in the Green River Synod of the Cumberland Presbyterian Church, in the room and stead, and in lieu of the 1845 General Assembly of said Church; and that, hereafter, the said Synod shall have full power and authority to elect, without reference to the Cumberland College Association, the Board of Synod to eDirectors of Cumberland College Association, at its regular lect Directors. meetings; and the said Board of Directors shall continue in Length office until their successors are elected, and duly qualified ac- time to contin cording to law, five of whom shall constitute a quorum; which ue office: their Board of Directors shall be entitled to the benefit of, and sub- duty, &c. ject to, all the laws now in force in relation to Cumberland College. To make re of SEC. 2. That it shall be the duty of the Board of Directory, appointed under the first section of this act, to make a re- port to Synod. port of the condition of Cumberland College to the Green River Synod of the Cumberland Presbyterian Church, at its stated meetings. lege. for SEC. 3. That the said Board of Directory shall be empow- May hold ered to hold, in behalf of the Green River Synod of the Cum- property berland Presbyterian Church, for the benefit of Cumberland benefit of ColCollege, a sum not exceeding one hundred thousand dollars, to be appropriated by said Board to the use of said College, in such way and manner as the said Synod may designate. SEC. 4. That the said Board of Directory shall have full power and authority to receive, in trust for said Green River Synod, any donations and bequests which may be made to them, for the use of Cumberland College, subject to be applied, as in the third section of this act, under the direction of said Synod. SEC. 5. That as soon as the Green River Synod of the Cumberland Presbyterian Church shall have elected the number of Directors, as contemplated by the acts now in force in relation to Cumberland College, and the said elected members shall have taken the oath required by law, the present Board of Directors shall be superseded, and the newly elected and qualified Board shall succeed to all the rights, privileges, and immunities, and be subject to all the pains and penalties, which are now claimed and exercised, and which can now be incurred by the old Board of Directory of Cumberland College Association. May receive donations. Directors elected by Synod, when to supersede present board. What parts SEC. 6. Be it further enacted, That only such provisions in the acts heretofore passed, in relation to Cumberland Col- of former acts lege, are hereby repealed, as are repugnant to the provisions repealed. of this act; and all acts and parts of acts heretofore passed, in relation to Cumberland College, are hereby declared to be in full force. Approved January 11, 1845, 1845 Election to be noted on record. Duty Crittenden Circuit Court. CHAPTER 8. AN ACT providing for a change of venue in the prosecution against Hiram WHEREAS, It is represented to the present General Assembly, that Hiram B. Pearce stands indicted, in the Crittenden Circuit Court, for larceny; and that owing to the prejudice and influence of some of the citizens of said county, he can→ not have a fair trial in said county: for remedy whereof, SEC. 1. Be it enacted by the General Assembly of the ComMay elect to monwealth of Kentucky, That it shall be lawful for the said be tried in the Hiram B. Pearce to appear before the Crittenden Circuit Caldwell Court Court, on the calling of said indictment, at the next term thereof, and make his election to be tried in the Caldwell Circuit Court, which election shall be noted on record, and thereupon the Crittenden Circuit Court shall recognize the said Pearce, with good bail, to appear on the first day of the next ensuing term of the Caldwell Circuit Court, to answer said indictment; and if the said Pearce shall be unable, or fail to give such bail, then to have his body safely conveyed to the jail of Caldwell county, and such other proceedings as may have been had thereon, being certified to the Caldwell Circuit Court, the said Caldwell Circuit Court shall take cognizance of said Duty CaldCircuit indictment, and every thing incident thereto, in the same manner as if the offence, for which said Pearce is indicted, had been committed in the county of Caldwell; and the Judge of the Crittenden Circuit Court shall, in case the said Pearce makes Court to re- his election, as herein provided, recognize the witnesses, as cognize wit- well on the part of the Commonwealth as the said Pearce, (if they or any of them shall be in Court,) to appear in the Caldwell Circuit Court, to give evidence in said prosecution; and Duty Cald- the Caldwell Circuit Court shall proceed upon all such recogCircuit nizances in the same manner as if entered into in that Court; and in case said indictment shall be found defective, and shall be quashed, or the judgment arrested, said Pearce shall not, for that cause, be discharged, but a special grand jury shall be summoned, if the regular grand jury shall have been discharg ed, and a new indictment found, if the evidence will warrant it, and the said Pearce shall be tried thereon in the same manner as if the offence had been committed in the county of Caldwell. well Court. Crittenden nesses. well Court. Clerk Crit SEC. 2. The Clerk of the Crittenden Circuit Court, upon tenden Court the election of said Pearce being made, as herein provided, to transmit pa- shall transmit the indictment and other papers, with a transcript of all the orders made in the case, to the Clerk of the Caldwell Circuit Court, and shall take his receipt therefor. Approved January 11, 1845. pers. 1 CHAPTER 9. AN ACT allowing an additional Justice of the Peace and Constable to John- 1845 One Justice SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county of Johnson be allowed one additional Justice of the Peace, and one Constable, and Constable who may reside in the neighborhood of the mouth of Daniel's to creek. SEC. 2. Be it further enacted, That the town of Milburn, in Ballard county, and one half mile around said town, from the centre thereof, shall compose a Constable's District, and shall be entitled to one Constable. SEC. 4. Be it further enacted, That the Constable's District, including the town of Harrodsburg, be extended so as to include the farm of Robert A. Alexander. Approved January 11, 1845. county. Johnson Milburn, in Ballard county, declared a Constab's District. Constable's District including Harrodsburg extended. CHAPTER 10. AN ACT to change the name of Martha Stewart Whitecotten. WHEREAS, Eli Vansickles, of the city of Louisville, hath represented to the present General Assembly that he is a batchelor, but has a natural born daughter called and known by the name of Martha Stewart Whitecotten, about fourteen years of age, now residing with him, which child he is desirous to legitimate by giving to the said Martha Stewart all the rights and privileges of importance in and to his estate, in the same manner, and to the same extent, as if she were his lawful issue and heir at law, requesting that the said Martha Stewart Whitecotten be called and known, in future, by the name of Martha Vansickles: therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, the said Martha Stewart shall be styled, called, and known, by the name of Martha Vansickles, and not Martha Stewart Whitecotten, as heretofore. SEC. 2. Be it further enacted, That the said Martha Vansickles shall have, possess, and enjoy, all the rights of inheritance in and to the estate of the said Eli Vansickles, as well real as personal, which she might or could derive, possess, or enjoy, from her said father, were she his lawful issue, born in lawful wedlock. Approved January 11, 1845. CHAPTER 11. AN ACT to incorporate the town of Benton, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Comnonwealth of Kentucky, That the town of Benton, in the |