1930. Sec. 5. Be it further enacted, That it shall and may be lawful for Will am Green, of the county of Russell, to erect two gates across the public road Russell--passing through his land: Provided, the county court of said county shall assent thereto, a majority of the justices being persent. Sec. 6. Be it further enacted, That it shall be law- And Madison ful for the county court of Madison to permit Ro- counties. bert Caldwell to erect a gate or gates across the road leading from Irvine's Lick to Old Town, and which passes his farin: Provided, that a majority of all the Proviso. the justices of the peace of said county shall be sent, and shall be satisfied that no public inconvenience will be sustained thereby. pre CHAP. CCCVIII. AN ACT for the purpose of opening a road from Bell's, in Barren county, to the cross roads, near the Simpson county line, and the Tennessee state line. Approved, January 28, 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That William Feland and William Bell, of Barren'county; Hugh W. Johnson and Elias McFading, of Warren county; Walter W.. Thomas, Thomas Sutton and Matthew Motley, of the county of Allen; and Absalom Stratton and Abraham Wood, of the county of Simpson, be and they are hereby constituted commissioners, whose duty it shall be to view the best and most practicable way for a road from the Three Forks, by way of Martinsville, to the Cross roads, near the Simpson county line and the Tennessee State line. The before mentioned commissioners or a majority of them, having availed themselves of the use of a compass, and employed suitable persons as chain. carriers, shall cause the way so viewed by them, and agreed upon the road, to be well marked and measured, and shall make out one plat and report for each county through which said road may be viewed, stating therein distinctly, the distance it shall pass through each, and the whole distance between the extreme points; stating also, the most prominent points of designation which have been marked on the road; and shall cause one copy of said 1830. The county courts to cause the road to be opened as viewed and marked by the commissioners &c. Duty of the clerk, sheriff, overscers and hands in rela tion thereto. condemned for the road. plat to be immediately deposited in the county court clerk's office of each county through which the said road shall pass. Sec. 2. It shall be the duty of the several county courts through which said road is to pass, upon receiving a copy of the report of the commissioners to lay off that part of the road in their respective counties, into precincts, and make orders for opening the same, and appoint overseers and allot the necessary hands for clearing out said road at least twenty feet wide, in the same manner that the public county roads are directed to be cleared out. Sec. 3. The clerk of the county court shall make out and deliver to the sheriff, copies of the orders so made; and the sheriffs shall deliver the same to the persons appointed as surveyors; the surveyors shall summon the hands to work, and the hands shall attend at the time and place appointed, with the tools and implements required of each of them, clerks, sheriffs, surveyors and hands being required to perforin the same duties, and liable to the same penalties for non performance, as are required and imposed by the laws now in force, applicable to the opening of public roads. Sec. 4. If any person through whose lands said Land may be road shall be viewed shall object to the opening of the same, he or she, shall have the same remedy by writ of ad quod damnum, as is allowed in cases of public county roads; and upon the return of a verdict for damages on any such writ, the court shail levy the amount so assessed, in favor of the person to whom it shall be allowed, in their next county. levy. Damages to be paid out of the county levy. the commis sioners, survey. or, and chain carriers. Sec. 5. The commissioners herein appointed shall Allowances to be allowed the sum of one dollar per day, and the chain carriers seventy-five cents per day, and the surveyor two dollars and fifty cents per day, for the time they may be severally employed in viewing, chain carrying, surveying, &c. on said road, to be levied by the courts respectively, on the presentation of the account of the commissioner, chain carriers or surveyor, stating the time he has been engaged; which account shall be sworn to in court or before a justice of the peace. To be paid out of the county levy. CHAP. CCCIX. AN ACT for the benefit of the shareholders in the Lou-. isville Insurance Company. Approved, January 28, 1830. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the President and Directors of the Louisville Insurance Company, shall have the power and right, on the petition of the owners of six tenths of the stock in said company, to close the transactions of the company, and distribute the joint funds among the shareholders: Provided, that no distribution of the funds shall be made, until the debts due by the company, and all their responsibilities shall be discharged. 1830. The President and Directors close the affairs of the authorized to company, on CHAP. CCCX. AN ACT for the benefit of John L. Elliott. Approved, January 28, 1830. WHEREAS, it is represented to the present Gen- Recital. eral Assembly that Peter Amyx and Walter Caldwell, in virtue of a treasury warrant, number five thousand four hundred and seventy-seven, had a survey made on one thousand acres of land, on the Little Fork of Little Sandy, dated eighth of May, eighteen hundred and twenty-one, and that a patent issued on the fifteenth day of May, eighteen hundred and twenty-two, to said Amyx and Caldwell for said land; and that the said land has since been sold under execution, by the sheriff of Lawrence county, and John L. Elliott became the purchaser, and is now the proprietor thereof; and whereas it is also represented that there is a mistake in making said survey, which has caused a patent to issue for said land not appropriated, or intended to be appropriated under said warrant; the call of south thirty degrees east, three hundred and three poles, in said survey, should have been, south thirty-two degrees west, two hundred and forty-three poles: Wherefore, SEC. 1. Be it enacted by the General Assembly of the The call in a Commonwealth of Kentucky, That the survey afore- survey corrected. said shall be, and the same is hereby corrected so as to read, south thirty-two degrees west, two hundred and forty-three poles, instead of, south thirty degrees U 1830. Proviso. east, three hundred and three poles, and that the land which will be included in said survey, when corrected as aforesaid, shall be, and the same is hereby vested in the said Amyx and Caldwell, for the use of said Elliott: Provided, he has legally obtained the title of said Amyx and Caldwell. Sec. 2. Be it further enacted, That this act shall not be so construed as to interfere with the rights of said Elliott and Amyx and Caldwell, it being the intention of this General Assembly to correct the mistake afor.said, for the benefit of the person or persons entitled to the land: And provided further, that nothing herein contained shall be held or construed to affect the rights of other claimants. Certain lands belonging to them author ized to be sold and conveyed. CHAP. CCCXI. AN ACT for the benefit of Jane Wright Latty and Approved, January 28, 1830. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Davis Latty, father of Jane Wright Latty and Nancy Davis Latty, infants, to file a bill in chancery in the circuit court of the county where he and his children reside, or in the circuit court of the county where the land lies, and pray a decree to sell a tract of land, which descended to said infants from their mother; to which bill the infants shall be made parties, and a guardian ug litem be appointed to defend for thein; and if it shall appear to the court that said land cannot be divided advantageously for said infants, and that it will redound to their interest to have the land sold and the money placed at interest, the court shall decree a sale and appoint a commissioner to sell the land, and to convey the same, for and on behalf of the infants: Provided, that the commissioners shall cause the land to be fairly valued, by two disinterested house keepers, well acquainted with it; and no sale shall be made for less than the full appraised valuie. The court decreeing the sale, Terms, condi- may cause the proceeds of the sale of the land to be paid over to Davis Latty, the father of the infants, on his giving hond with ample security to pay to said children or the survivor of them, the proceeds tions &c. of the sale of said lands, with lawful interest, on their attaining the age of twenty-one years, or on their marriage. 1830. . CHAP. CCCXII. AN ACT appropriating certain vacant lands to the improvement of the public roads in the counties of Russell, Monroe, Allen and Cumberland. Approved, January 28, 1830. the vacant purpose of re SEC. 1. Be it enacted by the General Assembly of the 5000 acres of Commonwealth of Kentucky, That the county court land in Rus-" of Russell county is hereby authorized to have lo- sell county, cated, surveyed and patented, within the bounds of may be approsaid county, five thousand acres of vacant and un- priated for the appropriated land; to have power to sell and con- pairing and vey any part or the whole of said five thousand improving the acres of land, granted to them by this act, in the roads in said following marmer, to-wit: the county court of Rus- county. sell is hereby authorized to have located, surveyed and patented, five thousand acres of the vacant and unappropriated land within the aforesaid bounds, and to sell and transfer the same to any purchaser or purchasers, and the money arising from the sales of said land, shall be applied to improving the public roads in said county; and the said court shall have the authority to designate what part of said roads, in the bounds of said county, shall be improved by the money arising from the sale of the land hereby appropriated.. Sec. 2. Be it further enacted, That the Register of The Register the land office is hereby authorized to issue to the to issue land county court of Russell county, in the name of said county court warrants to the County court, Jand warrants to the annount of land therefor. And whereas, the inhabitants of the counties of Monroe and Allen labor under great inconvenience and hardships, in opening and keeping in repair the several public roads in said counties, by reason of the uneven surface of the country, the many rapid streams and the sparseness of the population: Therefore, Sec. 3. Be it further enacted, That the county A like approCourts of Monroe and Allen counties are hereby au- priation made |