ry. 1838. Proviso. repair, and the interest of the employer in the lot on which such building may be constructed or repaired, or for which they may furnish materials, to the extent of the labour done and materials furnished by them respectively: Provided, That no lien shall attach for any sum not amounting to twenty dollars: Provided, That nothing herein contained, shall be construed to affect, impair or injure, any lien or liens, whether by mortgage, deed of trust, or otherwise, which any person or persons, body politic or corporate, may have on the property by this act subjected to the lien or liens herein before created and mentioned. SEC. 2. That any person or persons, having a lien under this May file a act, may enforce the same, by filing a bill in the McCracken bill it chance- Circuit Court, at any time within one year from the completion of the work, or furnishing the materials. All the persons having a lien may join in the bill against the employer, or one or more of them may file a bill against the employer and the other persons having a lien. Each claim shall be clearly and distinctly stated, and as clear and distinct an answer shall be made to the same. The court, on the application of either party, may direct an issue to be made, and a jury called to try the same, as in other cases at law; and when the claims of each shall be ascertained, the court shall decree the amount against the owner of the building, and direct the house, and Court may the interest of the employer in the lot, to be sold on such render a decree credit as he may deem proper, and shall cause the sale money to be collected and distributed in payment of the amount decreed to the claimants. The amount due the claimants shall bear legal interest from the time the same shall have been due by the contract of the parties; and the purchaser of the property shall pay interest from the time of sale. The court, after the claimants have all been paid, shall direct the surplus to be paid over to the owner of the property; and should the proceeds of the sale prove insufficient to pay all the claimants, then the court shall cause each to be paid in proportion. SEC. 3. That none of the persons named in the first section of this act shall have a lien, if they shall have taken security. SEC. 4. That the complainant, or complainants, in any suit instituted under the provisions of this act, may proceed to the May take proof of their respective claims, immediately on the service of proof. process; and any defendant, or defendants, claiming a lien, may proceed to the proof of their respective claims, imme diately on filing their respective answers, asserting and specifying their claims; it shall not be necessary for a defendant or defendants, claiming a lien, or relief against any complainant or co-defendant, to make their answer, or answers, a cross bill against the complainant or co-defendants; but the assertion of their respective claims and liens in their answers, with a be taken in a prayer for the appropriate or general relief, shall be sufficient to authorize the court to enter the proper decree for relief against any of the complainants or defendants. Answers may cross bill. 1838. Answer to be Time allow SEC. 5. That immediately on the service of the process, in any suit instituted under the provisions of this act, any defendant or defendants, shall have the right to file, with the Clerk of the McCracken Circuit Court, his or their answer, filed. under oath; and the Clerk shall endorse thereon, the true time of filing the same; and twenty days shall be allowed to a defendant, or defendants, to file their answers after the service of ed for filing. process; the cause shall stand for trial at the first term after the service of process, if the same shall have been served twenty days before the commencement of the court, and either at a common law or chancery term, and may be taken up for trial on ten days notice, in writing, on any day of such term. The court, for good cause, may continue the cause, and may permit a defendant, or defendants, to file his or their answers at any time before the trial of the cause, on such terms as the court may deem equitable. Approved January 8, 1838. Court may the continue cause. CHAP. 537-AN ACT allowing Hiram Miller a change of venue. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, upon the application of Hi Justices to ram Miller, (who is now confined in the jail of Lincoln coun- issue writ of ty, under a charge of killing a slave, the property of William habeus corpus, Crow,) to the Justices of the Peace who presided in his trial and committed him to jail, it shall be their duty to issue, forthwith, a writ of habeas corpus, directed to the jailer of Lincoln county, and cause the said Miller to be brought before them; and if he shall, thereupon, elect to be tried in the county of Garrard, or in the county of Mercer, it shall be the duty of said Justices to issue their mittimus, directed to the Sheriff of Lincoln county, commanding him to commit said Miller to the jail of the county where he may so elect to be tried. SEC. 2. That it shall be the duty of said Justices to cause the said Miller to endorse his election, of the county in which he is to be tried, on the back of the warrant of commitment; and his consent and election, so endorsed, shall be binding upon him; and the Circuit Court of the county, so chosen, shall have full jurisdiction of the offence, as though it had been committed in said county. SEC. 3. That it shall be the duty of the Justices aforesaid, and, also, of the Clerk of the Lincoln Circuit Court, to transmit to the Clerk of the Circuit Court of the county so chosen by said Miller, all the papers, warrants, recognizances, and other process, connected with said prosecution; and it shall be the duty of the witnesses to attend the next Circuit Court of the county so chosen, instead of the Lincoln Circuit Court. And to com mit to jail of Mercer or Gar rard. Election shall be endorsed on warrant. Papers to be sent to the coun ty chosen. 1838. SEC. 4. That the Circuit Court of the county, so chosen by said Miller, shall have full power and jurisdiction to try the County cho- offence with which said Miller now stands charged; and to sen to have full issue all necessary process for witnesses to compel their attendance and to hear the case, as though the offence had been committed within the limits of said county. power. SEC. 5. That the Justices of the Peace who presided on the trial of said Miller, at the time of his commitment, are hereby vested with full power to grant the writ of habeas corpus provided in the first section of this act; and nothing in this act contained shall be construed to deny to said Miller the right of bail, provided a court of competent jurisdiction to grant bail shall believe the offence to be bailable. SEC. 6. That the grand jury of the county in which the said Miller shall elect to be tried, shall have the same jurisdic. If discharged by any objection of the alledged offence, as if it had been committed in tion, to be tried said county; and if they shall find an indictment "a true bill," again. the same proceedings shall be had thereon as if the alledged offence had been committed in said county. And if any objection shall be taken to the legality, or constitutionality of a trial in the county in which the accused shall have elected to be tried, under the provisions of this act by the accused, or his counsel, and the said objection shall be sustained by the court, the accused shall not be discharged; but shall be remanded for trial to the county in which the alledged offence was committed, and shall be committed to the jail thereof; whereupon, such proceedings shall be had as if the prisoner had not been removed for trial to another county. Approved Januay 8, 1838. CHAP. 538-AN ACT for the benefit of Susannah Hawthorn, and others. WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that Robert Hawthorn departed this life in the year 1824, leaving a nuncupative will, which was regularly written, proven, and recorded in the Monroe County Court, in which he provided that his property should remain together for the purpose of raising his children-his estate consisting of some personal property, and about two hundred acres of land. And, whereas, his wife, Susannah Hawthorn, and Eli Pitchford, (who is now dead,) became the administrators of said decedent, with the will annexed, and in said administration exhausted the whole of the personal estate in paying the debts of said deceased. And, whereas, said Susannah has been compelled to create a debt of one hundred dollars in purchasing a work beast, and in sending some of the younger children to school-therefore,. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said Susannah may file her bill in chancery, in the Monroe Circuit Court, praying the sale of so much of said land as will be of value sufficient to make the sum of one hundred dollars, making the heirs of said deceased defendants to said bill; and said court may decree a sale thereof, at the term at which said bill shall be filed, provided the court shall be of opinion that the sale thereof will be beneficial to said heirs; said court, as usual, shall appoint for said heirs a guardian ad litem. SEC. 2. That proof in said cause may be taken, at any day of the term for which said cause may be set for trial, and read at said term: also, provided said guardian have a reasonable notice for his attendance at the place of taking said proof. Approved January 8, 1838. 1838. Court may decree a sale of part of the land. When proof may be taken. CHAP. 539-AN ACT for the benefit of Luther Garrison, alias Stamps, and others. WHEREAS, John M. Garrison, of the county of Allen, has represented to the present General Assembly of the Commonwealth of Kentucky, that he is the father of the following named children, to-wit: Luther, Robert, John, Charles, Thurston, George W. and Sidney Ann Stamps, and prays that their last name be altered and changed to that of Garrison, and each of them be made capable of inheriting by law-wherefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the name of said children, known by Stamps, be changed to Luther, Robert, John, Charles, Thurston, George W. and Sidney Ann Garrison; and that said last mentioned names be and they are hereby confirmed, and each and every one of them are made legitimate children, and made capable of inheritance in law and equity, of all lands and tenements, goods and chattels, rights and credits, of said John M. Garrison, in as full and ample manner as if they had been severally born in lawful wedlock. Names changed. Name of M. Hopkins chan SEC. 2. That the name of Margaret George Hopkins-be changed to that of Margaret George Haden, and she shall, forever hereafter, be called and known by the name of Mar- ged. garet George Haden. Approved January 8, 1838. CHAP. 540-AN ACT to change the mode of collecting the stock subscribed in the Louisville and Nashville Turnpike Road Company, by the County of Hardin. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the remaining and uncollected portion of the ten thousand dollars stock subscribed in the How to be collected. 1838. Proviso. County court shall apportion the amount to be collected in each year. Louisville and Elizabethtown Turnpike Road Company, by the County Court of Hardin, at their April term 1837, shall be collected upon the ad valorem principle: Provided however, to raise said money, that no species of property shall be taxed except such as is now subject to taxation under the revenue law of this State. SEC. 2. That the County Court of Hardin, at their next April term, to be held in 1838, shall so apportion the collection of the aforesaid money named in the first section of this act, that no more than one third part of the aforesaid ten thousand dollars shall be collected in any one year; and that so much of the said ten thousand as is already collected, or paid to the aforesaid Turnpike Road Company, shall be included in the first apportionment, so as to be estimated part of the first year's collection. Approved January 8, 1838. CHAP. 541-AN ACT allowing the Commissioners of the Revenue for Jefferson County additional compensation. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the County Court of Jefferson county, to pay out of the county levy of said county, to such of the Commissioners of the revenue for said county as they may think necessary, such additional compensation as said court deem proper, provided such additional compensation shall not exceed the amount now allowed by law. Approved January 8, 1838. cree a sale, CHAP. 542-AN ACT for the benefit of the heirs of Josiah Hutcheson, deceased. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the adMay file bill. ministrators and heirs of Josiah Hutcheson, deceased, to file their petition in chancery, in the Garrard Circuit Court, praying for a sale of so much of the real estate, descended, as will pay the debts of the decedent: and if it shall appear to the satisfaction of said court, that the whole of the personal esCourt may de- tate has been exhausted in the payment of debts, and that there yet remain other debts unsatisfied, whereby a sale of the real estate will become necessary, it shall be lawful for said court to decree a sale of said real estate, upon such terms, and such credits as he may deem just, having due regard to the rights of creditors, as well as the interest of the infants. SEC. 2. That said court shall have full power and authority to appoint a Commissioner, or Commissioners, to carry said And appoint sale into effect, and to cause the legal title to be conveyed to the purchaser, and make all such other orders and decrees as a Commission er. |