erty; and the Register of the land office is required to issue patents therefor, upon the return of the plat or plats and certificates of survey or surveys immediately, without fee. Sec. 3. Be it further enacted, That the Register of the land office be, and he is hereby authorized and required to issue land warrants in the name of the county court of Wayne without fee therefor, for five thousand acres to be appropriated within the county of Wayne. Sec. 4. Be it further enacted, That the said county court of Wayne is hereby authorized to locate, survey, patent and sell, five thousand acres of the va cant lands within the bounds aforesaid, and apply the proceeds, or the money arising from the sales thereof, to the improving the principal road or roads within 'said county, and the Register of the land office is required to issue patents therefor, with out fee. Sec. 5. Be it further enacted, That it shall be lawful for the county court of "ayne to appoint an agent to superintend the location of said land, and make any transfer or assignment appertaining thereto, and receive the proceeds of said lands, and apply it to the improvement of said roads, as the court may from time to time direct; who shall enter into bond with good security, for the faithful performance of his duty. The books of original en CHAP. CCCXX. AN ACT requiring the clerk of the Court of Appeals to deliver over certain records to the Register of the Land Office. Approved, January 28, 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the clerk of the court of appeals shall, immediately after the passage tries for land, of this act, deliver over to the Register of the land office, all the books of original entries he is in possession of, made with the surveyor of any county, whether before or since the separation from Virginia, or entries made with the court of commission now in the of fices of the court of ap peals, to be de livered to the Register. ers. Sec. 2. The Register of the land office is authorized to make out copies from said records, and when certified by him, shall be admitted as evidence in all the courts of this Commonwealth. 1830. The Register authorized to certify copies therefrom. Mode of au Sec. 3. Be it further enacted, That it shall in no case be necessary for the Register of the land office to certify any paper from his office in any other thenticating manner, than by the usual way of saying under his papers by the hand or that of his deputy, "a copy attest." Register. CHAP. CCCXXI. AN ACT to amend the several acts incorporating the Approved, January 28, 1830. Certain reci vived and con tinued in force. SEC. 1. Be it enacted by the General Assembly of the ted acts relaCommonwealth of Kentucky, That so much of an act entitled, "an act establishing a turnpike on the road company, reting to said leading from Georgetown to Cincinnati, and for other purposes," as incorporates the Louisville turnpike company; and so much of an act entitled, "an act to incorporate certain turnpike companies," approved January the twenty-ninth, one thousand eight hundred and twenty-nine, as relates to the Louisville turnpike company, shall be, and the same is hereby revived and continued in full force, and the coumissioners named in the last recited act, with sioners directBazil N. Hobbs in lieu of Isaac H. Tyler, deceased, ed to open do proceed as in said recited act directed, to open subscription of books for the subscription of stock, under the same the stock. regulations, limitations and restrictions as are contained in the two acts hereby revived. The commis books for the road to be 18 feet wide. Sec. 2. Be it further enacted, That it shall be law- The artificial ful for the President and managers of the Louisville part of the turnpike company, in constructing said road, to construct the artificial part thereof, on the most approved plan, not less than eighteen feet in width: Provided, that the Legislature shall have the right to The legisla require the said President and managers to extend ture may rethe width of the artificial part of said road to twenty quire it to be feet, under the penalty of having the toll gates to be erected on said road kept open and free, until the same is done. 20 feet wide. Sec. 3. Be it further enacted, That it shall be law- The Shelbyful for the President and managers of the Shelby. ville and Lou 1830. isville compan to constuct the residue of the road 18 feet wide. But may be required to extend the width thereof. The wheels of waggons not permitted to be run locked on the Turnpike, except in certain cases. ville and Louisville turnpike road company, in finishing the residue, of said road, to construct the artificial part thereof, not less than eighteen feet in width: Provided, that the Legislature shall have the right to require the President and managers of said road to extend the width of the artificial part of said road to twenty feet, should eighteen feet prove too narrow; under the penalty of having the toll gate to be erected on the unfinished part of said road to be kept open and free until the same is done. Sec. 4. Be it further enacted, That it shall not be lawful for wagons and other wheel carriages running the artificial part of the Shelbyville and Louisville turnpike, to run said road with one or more wheels locked, on any part of said road where the descent is not greater than three and one half degrees. Preamble. bill in chan cery in the Garraid circuit court. CHAP. CCCXXII. AN ACT for the benefit of the heirs of Benjamin Mason, deceased. Approved, January 28, 1830. WHEREAS, Benjamin Mason, deceased, in his lifetime, had sold parts of lots number six and seven, in the town of Lancaster, to William Cooke, by parol contract, and had sold by similar contracts, lots number forty nine, sixty nine, ninety five and ninety six, to Robert Loper, which sales it is deemed are advantageous, and it would be to the interest of his heirs to have the same specifically executed, the purchasers having expressed a desire to carry said contracts into effect: Therefore, SEC. 1. Be it enacted by the General Assembly of the Heirs may file Commonwealth of Kentucky, That it shall and may be lawful for the heirs of said Mason, by their next friend, to exhibit their bill, in the Garrard circuit. court, making the administrators of the said Mason and the purchasers of said lots defendants, stating the terms of the contracts aforesaid, verified by affidavit; and if it shall appear to said court, that said contracts are advantageous, and that it would be to the interest of the heirs aforesaid to have said contracts carried into effect, the court shall have power to decree a specific execution of said contracts, and to make such orders and decrees as may be necessary to pass Administrators and purchasers to be made Court may decree specific execution of. the parol con the legal title to said lots to the purchasers: Provid- 1830. ed, that it shall appear from the answers of said Cooke and Loper that they are willing to comply tract between with the terms of said contract, and decree specific the parties. execution thereof. tributed. That part of longing to the the money beheirs to be put out at interest. Sec. 2. Be it further enacted, That said court shall Purchase moorder and direct the purchase money agreed to be ney to be dispaid by said Cooke, to be distributed among those entitled thereto, in the following manner: two thirds thereof to the heirs, and one third to the widow of said Mason. The part which belongs to the heirs to be put out annually upon loan, at the rate of six per centum per annum, taking bond and good security from the borrower, for the re-payment thereof. The other third to be paid to the widow of said Mason, upon her giving bond and good security to return and pay the principal to the heirs at her death; but should she fail to give bond and security as herein directed, then her third to be put out annually, at interest, taking bond and good security from the borrower for the re-payment of the same, and the interest thereof to be paid over to the widow during her life. One third to be paid to the widow, on her giving bond and security to refund to the heirs at her death, &c. CHAP. CCCXXIII. AN ACT for the benefit of the devisees of Benjamin Approved, January 28, 1830. The Fleming circuit author ized to decree a sale and dis the procceeds of certain SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the devisees of Benjamin Threlkeld and those claiming the shares of any of the deceased devisees, tribution of by descent or otherwise, or any of them, to file a bill in chancery in the Fleming circuit court, against slaves, belongthe other devisees and claimants of the devised prop- ing to Threlerty, alleging that the devised property consists of keld's devislaves which cannot be divided in kind, and on the sees. hearing of the cause, if it shall appear the slaves cannot be divided in kind, the court shall have power to decree a sale of the devised property, and to decree a distribution of the proceeds thereof according to the provisions of the will. Sec. 2. Be it further enacted, That it shall be law- The Shelby ful for the devisees of Plummer Thurston, or any circuit court W 1830. may decree a sale and conVyance of the lands and slaves of P. Thurston, deceased, and have distribution made &c. Proceeds of last named sale, how to be disposed of. of those claiming the share of any of the deceased devisees, to file a bill in chancery, in the Shelby circuit court, alleging that the devised property consists of land and slaves which cannot be advantageously divided in kind,, among the devisees, and those entitled to the share of the deceased devisees; and that some of the parties interested are infants, and on final hearing, if it shall appear to the court,. that it would be advantageous to the devisees to have a joint sale of the property, the court shall have power to decree a sale of the property, and a distribution of the proceeds of sale among those entitled to the property, and a sale and conveyance of the devised property under the decree of the court by a commissioner shall pass the title. Sec. 3. Be it further enacted, That the circuit courts of Fleming and Shelby shall respectively have the power, and it shall be their duty to cause the share of the proceeds of the sale of the devised property belonging to infants, to be paid over to the guardian of the infant, on his giving bond and security to ac count to the infant for the principal and interest, on the infant's arrival at full age; and should the guardian fail or refuse to give bond, the court may direct the share of such infant to be paid over to some responsible person who will give bond and security to pay to the infant the principal and interest, when such infant shall arrive at full age. CHAP. CCCXXIV. AN ACT to amend the laws in relation to the trustees of towns, and for other purposes. Approved, January 28, 1830.. SEC. 1. Be it enacted by the General Assembly of the Suits for Commonwealth of Kentucky, That suits for the breach breaches of or of any of the by-laws and ordinances of the several dinances to be towns in this State, shall be in the name of the Comin name of the com'th. monwealth of Kentucky; and the trustees of the several towns shall be liable for a breach of their own by-laws and ordinances. Trustees of Sec. 2. Be it further enacted, That the trustees of the town of Lexington shall have power to cause the streets of said town to be turnpiked in the cen |