1851. Bond to be decree of sale. § 3. That before any sale shall be made under the provisions of this act, the court making the order or decree for executed before such sale, shall require the committee of such lunatic to enter into bond, with good security, to be approved of by such court, in a penalty double the value of the property ordered or decreed to be sold, and conditioned to make such disposition of the proceeds of such sale as the court may, from time to time, direct; said bond shall be made payable to the commonwealth of Kentucky, and suit may be brought on the same at any time, and by any person who may have been injured by any act or omission of said committee. sworn to. § 4. That the judge of said circuit or chancery court shall Petition to be require said petition to be sworn to by said committee, and, on due proof of the allegations thereof by depositions or oral proof heard in open court, he may render the decree of sale authorized by the second section of this act; but nothing herein contained shall prohibit the court from decreeing a sale of the land or negroes of such lunatic, as heretofore, for the payment of his or her debts. Approved March 24, 1851. CHAPTER 696. AN ACT to change the boundary lines of districts Nos. 1 and 2, in Mercer county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the boundary lines of magistrates' and constables' districts Nos. 1 and 2, be changed as follows: beginning at the northeast corner of district No. 1, and thence running with the dividing ridge until it intersects the line established by the Legislature at its present session, so as to allow the voters in said boundary to vote at Harrodsburg, instead of at the voting place in district No. 2, as now required by law. Approved March 24, 1851. CHAPTER 697. AN ACT in relation to the fees of Commonwealth's Attorneys. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the fees of the attorneys for the commonwealth to be chosen at the next election, shall be what are now the perquisites and fees of office of the attorneys for the commonwealth under the present and existing laws. Approved March 24, 1851. Petition may Proceeds of AN ACT to authorize the sale of the estates of infants and femes covert. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the circuit, court to order or decree the sale of the real estate and slaves' be filed. of infants and femes covert, or of any interest they may have therein, whether it be a present or future interest, or in whatever manner derived, if it shall appear to said court proper to do so, upon the application of the guardian or next friend of an infant, or the husband or next friend of a feme covert, by petition sworn to, setting forth the estate or interest of which the sale is desired, and that a sale of the same would redound to the interest of such infant or feme covert: Provided, That no sale of the estate of a feme covert shall be made, unless she shall file an answer to the petition of her husband or next friend, consenting to said sale, and shall acknowledge the same on privy examination before said court. The court may authorize and require the investment of the proceeds of said sale, either in or out of sale how to be this state, in such manner as shall appear to the court to be safe and profitable, and most to the interest of said infant or feme covert. Before the money arising from such sale is paid over to the guardian or next friend of an infant, or husband or next friend of a feme covert, the court shall require bond, with good security, in at least double the amount to be secured, for the faithful performance of the orders and decrees of said court. All persons having an interest in said estate, or its sale, shall be made parties to the petition; and when the estate has been devised by will, or conveyed by deed of trust, the donor, if living, and the trustee, if any, shall be made parties to the petition. The court shall make all orders necessary to the proper making of said sale, and the conveyance to the purchaser of the title to the estate, sold under the provisions of this act; and, to that end, may appoint one or more commissioners for such purpose. §2. That it shall be lawful for the circuit court, upon the petition of an executor or administrator of any estate, to decree a sale of any slave or slaves, belonging to the estate of which the petitioner is executor or administrator, as are ungovernable, of a vicious character, or in danger of running away, if the court should be of opinion, from the proof in the cause, that such sale would redound to the interest of said estate; and the money arising from any such sale shall be paid to and distributed by said executor or administrator as other estate of the decedent in his hands: Provided, that before a sale is ordered under the provisions of this section, the court shall require the executor or administrator to execute bond, with good security, and in adequate penalty, conditioned for the faithful distribution of the money arising from said sale according to law. invested. Bond to be executed. Who to be made parties to petition. Court may decree sale o f slaves. 1851. Court may decree the sale of the life estate in land or slaves. made Sales to be at court house door § 3. That it shall be lawful for a circuit court, on the petition of any person holding a life interest in a slave or land, to decree a sale of such slave or land, and an equitable distribution of the proceeds thereof between such tenant for life and the holder of the estate, reversionary or in remainder, in such slave or land, upon allegation and proof that a sale of such land would redound to the permanent advantage of the title holders of said land, or that it would be the interest of all the owners of said slave that such sale and division should be made on account of the insubordinate and refractory disposition of said slave, or from a well-grounded apprehension of the tenant for life that such slave intends to run away and escape to a non-slaveholding state; and the petitioner shall make oath to the allegations of the petition; and the proof of the allegations of any petition filed under this act, shall be by depositions, or by witnesses heard in open court; and all persons interested in said slave or land shall be made parties to said suit. The court shall have discretionary power to re-invest the proceeds of such sale of land or slaves in other land in or out of this state, or slaves, upon such terms and conditions as are prescribed in the first section of this act; but no sale of land or slaves shall be decreed under any of the provisions of this act, if, in the opinion of the court, such sale would be in contravention of the will or deed under which said land or slave may be held. § 4. That all sales made under the provisions of this act, shall be made at the door of the court house of the county the where the estate or property sold shall be, unless otherwise directed by the court, at public auction to the highest bidder, on a court day, upon such terms, credits, and conditions, as the court shall prescribe. Approved March 24, 1851. CHAPTER 708. AN ACT to authorise the Judge of the Scott Circuit Court to sign certain records. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the judge. of the Scott circuit court to sign the orders and records of the Scott court, made at the last February term of said court; and all orders, judgments, decrees, and records of said court, when so signed, shall be, in all respects, as legal and valid as if signed during the term. Approved March 24, 1851. CHAPTER 710. AN ACT to fix the salaries of certain officers. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the various officers of this commonwealth, from and after their first election or appointment, under the present constitution, shall be paid out of the public treasury the following salaries, viz: To the governor, two thousand five hundred dollars; to the secretary of state, seven hundred and fifty dollars; to the attorney general, three hundred dollars; to the treasurer, one thousand seven hundred dollars; to the librarian and keeper of the state house and public grounds, four hundred dollars; to the register of the land office, one thousand two hundred and fifty dollars; to the adjutant general, one hundred and fifty dollars; to the quartermaster general, one hundred dollars; to the clerk of the secretary's office, six hundred and sixty six dollars; to the first clerk in the land office, six hundred dollars; to the second clerk in the land, office, five hundred dollars; to the judges of the court of appeals, each, fifteen hundred dollars; to the judges of the circuit court, each, fourteen hundred dollars; to the chancellor of Louisville, fifteen hundred dollars; to the several attorneys for the commonwealth, each, three hundred dollars-which sums shall be paid out of the treasury quarterly. § 2. That from and after the present session of the general assembly, the officers of each branch of the general assembly of the commonwealth of Kentucky shall be paid out of the public treasury the following sums, viz: to the principal clerks in the senate and house of representatives, each, seven dollars per day; to the second clerk in each branch, six dollars per day; to the doorkeeper of each branch, three dollars per day; and to the sergeant-at-arms of each branch, three dollars per day. §3. That any law now in force allowing a salary to a clerk in the treasurer's department, be and the same is hereby repealed: Provided, that this section shall not be considered in force until the treasurer, to be elected in August next, shall be installed. § 4. That the sum of one hundred dollars be allowed the secretary of state for additional clerk hire for the present year. Approved March 24, 1851. CHAPTER 712. AN ACT more effectually to protect the rights of persons holding an inter- Be it enacted by the General Assembly of the Commonwealth 1851. 1851. other person or persons may be entitled in reversion or remainder, shall remove or voluntarily permit to be removed out of this commonwealth, such slave or slaves, or any of their increase, without the consent of him or her holding the reversion or interest in remainder in said slaves, such person shall forfeit all and every such slave or slaves, and all right and title he, she, or they may have had thereon, to the person or persons owning the reversion or interest in remainder in said slave or slaves. Approved March 24, 1851. CHAPTER 713. AN ACT concerning the establishment of Ferries. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That where the owner or owners of land lying on one or both sides of a stream over which it is proposed to establish a ferry are non-residents of this state, and have no agent upon whom notice can be served, it shall be the duty of the party or parties who wish to establish said ferry, to have a notice of such intention published for three consecutive months in the nearest authorized newspaper; and a copy of such printed notice, with the publisher's affidavit made before the proper officer, that it was published for three consecutive months accompanying it, shall be filed in the county court clerk's office where the application is made, and shall be considered a sufficient notice. Approved March 24, 1851. CHAPTER 715. AN ACT to change the place of voting in the fifth justices' district in the county of Owen. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a special election shall be held in district Election to be No. 5, in the county of Owen, at which the sense of the held in district No. 5. How to be conducted. Notice of said qualified voters of said district shall be taken as to whether the place of voting in said district shall remain at the town of Gratz, or be removed to some other place of the district; and that a poll be opened for each proposed place in said district. § 2. Said election shall be held at the town of Gratz by the sheriff and other election officers to be appointed for the purpose of holding the elections in May next, at such time as the sheriff may designate. § 3. It shall be the duty of the sheriff to designate and advertise the time of holding said election, by written adelection to be vertisement at three or more public places of the district, for at least ten days before the said election, cause the same given. |