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1851.

Compensation to be allowed

attorney.

Appeal from orders of sale

circuit court.

serve from execution; but, if the widow will file her consent in writing to a sale of her dower, and expressing her willingness to receive its value in money, then the decree of sale shall include the dower, and she shall receive its value in money; and, from time to time, sales may be made of enough to pay debts, when the parties are once before the court, if other debts appear not represented by the petition, enough to pay such debts and the cost of administration; and the court shall allow the attorney appointed, and all others, reasonable fees for their services; and where the estate is insufficient to pay costs of administration and debts, then the distribution shall be made pro rata, saving to the parties entitled by laws now in force the liens allowed them; and, if any party in interest shall deem the order of sale improper, he may appeal to the circuit judge, who shall take all the papers from the county court and decide the may be made to question, and certify it to the county court; and, if he decides a sale is not necessary, then no sale shall be madeor, if he affirms the order of the county court, the sale shall proceed; the administrator or executor shall be considered as representing the creditors, or they, or any of them, may enter an appearance as plaintiffs with the executor or administrator, and shall have a right to be heard; and where liens or preferences shall be claimed, issues may be made between parties contending, and be heard and decided by the county court; and from these issues and decisions the parties may appeal to the circuit court, as in other cases; but these appeals shall not remove any more of the cause than is necessary to an understanding of the contest; and, when decided by the circuit judge, he shall certify back to the county court his judgment, which shall be recorded, and the papers taken up shall be returned, or the county judge may cause the parties to agree the points of dispute for the decision of the circuit court, and certify the same, without removing any of the papers; and during the decisions of the questions between disputants, the administration of the estate shall progress, if it can do so, reserving enough to make good what the contestants may be entitled to. After the petition is filed, no suit shall be brought against the administrator or executor, but all claimants against the estate shall file their claims in the county court with the clerk thereof; and proof thereof may be made in said court in term time, or the affidavits required by law may be made before any justice of the peace or the presiding judge of the county court; and where claims are disputed, the same shall be determined on issues formed by the parties, before the county court, as in other cases-or, if over the amount the county court judge has power by law to try, they shall stand for hearing in the next circuit court-that court re- tried. quiring the parties to frame issues to try the claims set up, or defenses thereto; but the administration shall progress,

No action to be brought ag'st

administ'r after petition is filed.

If claims are disputed, to be

circ't court con

tion.

In suits for set

tlement of es

tates, publica

tion to be made.

1851. if it can be done, reserving enough to pay said claim or claims, pro rata: Provided, that the chancellor of the LouChancellor of isville chancery court and the judges of the circuit courts Louisville and shall have concurrent jurisdiction with the presiding judge, current jurisdic in all cases arising under the provisions of this section, within the jurisdiction of said chancery and circuit courts, § 17. Whenever suit is brought before the presiding judge, for the settlement of an estate agreeably to the provisions of this act, he shall cause an advertisement to be made, by publication at least four times, by weekly insertions, in any newspaper printed in the county; and if there be none, then in such paper having a circulation in the county as the judge may designate, and by advertisements posted up at four or more public places in the county-one of which shall be at the court house door, and one in the neighborhood of the decedent's last residence-at least thirty days previous, giving notice to creditors to come forward and prove their claims before him, at such times and places as he may deCost of adver signate in the advertisement; and he shall tax the cost of such advertisement with the other costs of the suit.

tisement to be taxed.

§ 18. The presiding judges of the county court shall enWhen county judge to the duties of their office on the second Monday in enter upon on discharge of June, 1851.

his duties.

not to have ju

xes

$50 out of his

ter

§ 19. That nothing in this act shall be so construed as County judge to authorize the trial of causes of which justices of the risdiction in ca peace have jurisdiction, out of the justice's district in which less than the defendant resides, without the consent, in writing, of district without such defendant be indorsed on the back of the warrant; consent of deft. and unless such consent be given, the officer executing the warrant shall return the same for trial before some justice of the peace in the district in which such defendant, or some one of them, resides.

Jury to be im panneled in bas

tardy cases

may appoint a commissioner.

§ 20. In all cases of bastardy, the court shall cause a jury to be impannelled to find the facts of the case, and assess the amount to be paid by the defendant, in case the finding of the jury be against such defendant, under the rules and regulations of conducting jury trials in other cases.

§ 21. That the county judge shall have power to appoint County judge a commissioner at his discretion, to settle the accounts of any estate, who shall act under oath, and shall have the same fees as the judge should have for the settlement of such accounts: Provided, that the judge shall not appoint any person de. as said commissioner, any person who may be designated signated by eith- by any party interested.

Not to appoint

er party.

Approved March 11, 1851.

CHAPTER 423.

AN ACT to establish the place of voting in the Keysburg District, in
Logan county.

§1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it may and shall be lawful for the sheriff of Logan county to hold an election in the Keysburg magistrate's district, on the second Monday in April next, for the purpose of determining the place of voting in said district. Said election shall continue but for one day, and polls shall be opened at Ash Spring and at Keysburg, and the question shall be asked of each qualified voter proposing to vote in said district, "are you for Ash Spring or Keysburg?" And when the sheriff shall have compared the polls between said points, he shall publish the result in the Russellville Herald, and a majority of said qualified voters voting at the time aforesaid shall determine and locate said place of voting, which shall so remain until changed by law.

§ 2. Said sheriff shall appoint two discreet housekeepers as judges at each of said points in said district; also, a clerk and sheriff for conducting the election in proper form. The polls shall be compared in the office of the clerk of the county court, who shall enter the result in due form in his office. Said officers shall be sworn to conduct said election before some acting justice of the peace, according to the laws now in force for holding elections. §3. The expenses of holding said election shall be paid by the corporation of Keysburg.

Approved March 12, 1850.

1851.

CHAPTER 437.

AN ACT changing the boundary lines of District No. 8, in Carter county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in district No. 8, in Carter county, be changed from John Banfield's to the house of Charles B. Rigg in said district; and that the lines of district No. 8, in Carter county, be so changed as to include those persons living on the head waters of Cain creek, in said county; and that the line of said district be changed from the dividing ridge between the waters of Wilson's and Williams' creeks, to the dividing ridge between Stintson and Wilson's creek, and thence down Sandy river to the county line, so as to include all the citizens living in said district on Wilson's creek, and its waters. Approved March 15, 1851.

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AN ACT providing for the election of Public Printer.

§ 1. Be it enacted by the General Assembly of the Com

Office of Public monwealth of Kentucky, That the office of public printer for estab. this commonwealth is hereby established, and that a prin

Printer lished.

How elected.

Term of office.

tinue in office

until Aug. 1852.

ter or printers to fill the same shall be elected by the joint
vote of the two houses of the general assembly at the next
session thereof, and every two years thereafter.

§ 2. That the printer or printers so elected, shall continue in office two years, from and after the first Monday in August succeeding his or their election: Provided, that Present public the printers elected the present session shall continue in printers to come office until the first Monday in August, 1852; and if, from any cause, a vacancy shall occur in the office of public printer in the recess of the general assembly, it shall be the duty of the governor to appoint some proper person or persons to execute the public printing for the remainder of the time of the person or persons who had been elected by the general assembly.

Vacancy, how filled.

Compensation.

§3. That the compensation and duties of the printer or printers, so elected or appointed, shall be the same in every respect as provided by "an act concerning the public printing, approved February 23, 1846."

Approved March 15, 1851.

CHAPTER 469.

AN ACT to provide for the payment of the interest of the School Fund.
Whereas, doubts are entertained in regard to the liabili-
ty of the sinking fund for the payment of the principal and
the interest of the school fund: Therefore,

Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the sinking fund is liable to the payment
of the principal and the interest of the common school
fun l, and the commissioners of the sinking fund are hereby
directed to pay, as heretofore, the interest on the school
fund, out of any moneys in their hands belonging to said.
sinking fund, in execution of "an act to provide for the
payment and investment of the interest of the bonds of the
state of Kentucky, held by the board of education, &c.,
&c., approved March 1, 1850.”

MARCH 14, 1851.

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CHAPTER 470.

AN ACT concerning certain Magistrates' Districts in Madison county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the magistrates' and constable's district, No. 2, in Madison county, be and the same is so changed as to include the residence of Benaijah Gentry and Joseph Quisenberry, who now reside in District No. 3; and that the line of district No. 6, in said county, be so changed as to include the farm of Derrett White, jr., who now belongs to district No. 7; and the voting place in district No. 6, in said county, be changed from Hickory Plain school house to Johnson's shop, in said district.

Approved March 20, 1851.

1851.

CHAPTER 481.

AN ACT to change the place of voting from Sulphur Well to James
Carter's, in Jessamine county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the third district, in Jessamine county, be changed from the Sulphur Well to the house of James Carter, in said district; and that all elections in said district shall hereafter be held at the house of said Carter.

Approved March 20, 1851.

CHAPTER 483.

Keeper to furconvic's

nish

certain clothing.

AN ACT better to define the duties of the Keeper of the Penitentiary. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the keeper of the penitentiary is hereby authorized and directed to furnish to the convicts in said penitentiary, at the expense of that institution, a sufficient amount of clothing of such materials as has heretofore been given to them, so that they shall each have, at all times, in the winter, two pairs of pantaloons, two shirts, one vest, two roundabout coats, one wool hat or cap, one pair of shoes, and two pairs of socks; and in the summer, two pairs of pantaloons, two shirts, one hat, one pair of shoes, and one roundabout coat; and said keeper is hereby directed to have a part of said clothes be washed. washed every week, and to require said convicts to put on at least a clean shirt, pantaloons, and socks, every Sunday morning.

§2. That said keeper be and he is hereby directed to have the cells and bed clothing of said convicts well washey once every month, and oftener, if he should be so directed by the board of visitors, who have been or may hereafter be appointed by law; and also, to furnish five additional stoves, and place the same around the building

Bed clothing to

Cells to be washed and ad

ditional stoves

set up.

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