1838. free man of color, purchased, in his lifetime, his wife Rose Doolin, a woman of color, and his two children, Mary Doolin and Thomas Doolin, with the intention that they should be free, but died sudddenly by the disease of cholera, without having carried his intention into effect; and it has been, also, represented that said Doolin died seized and possessed of some property, real and personal, and without any heirs capable of inheriting, and no children except the above mentioned, and left no debts which remain unpaid; and, therefore, the General Assembly is prayed to liberate said wife and children, and make them capable of taking, by descent and distribution, subject to the rights of creditors, to which it has been represented the administrator of said Doolin is willing-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said Rose Doolin, Mary Doolin, and Robert Doolin, be and they are hereby declared free, and made capa- free, & to hold ble of taking, by desent and distribution and dower, from said William Doolin, in the same manner as if they had been free, and said Rose lawfully married to said William, and said children born in lawful wedlock: Provided, however, This act shall not affect the claims of any creditor of said William, nor of any person who may hereafter appear as his lawful heir, if any such there be. Approved January 27, 1838. Are declared property. Proviso CHAP. 644-AN ACT to establish a State Road from Perryville, in Mercer WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that the present road leading from and to the above named points is, or a greater part thereof has been established as a county road; and that owing to the great increase of travel thereon, it is, at many seasons of the year, rendered impassable-and, for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said road be and the same is hereby established a State road. SEC. 2. That it shall be the duty of the several County Courts, through which said road shall pass, to lay off that part of their respective counties into convenient precincts, and to appoint each precinct an overseer, and to allot to each overseer a sufficient number of hands to open and clear out said road at least thirty feet wide, and to put the same in such repair as will afford a safe and convenient passage for all kinds of carriages. SEC. 3. That the said overseers, so appointed, shall be goverened and controlled by the law now in force in regard to working on other roads in this Commonwealth. SEC. 4. That the County Courts of the several counties, Road estab lished. Duty of the county courts. 1838. Shall not change same. through which said road shall pass, shall not have power to alter or change said road, without the concurrence of each County Court in regard to any change which may be proposed. Approved January 27, 1838. Proceedings legalized. May sell cer convey title. CHAP. 645--AN ACT to legalize the proceedings of the Trustees of the town of Glasgow, and for other purposes. WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that at an election held for Trustees for the town of Glasgow, in January 1837, several persons were elected and qualified as Trustees for said town, who did not possess the qualifications required by the laws of this State in relation to the election of Trustees for said town, and doubts having arisen as to the validity of their acts, as such-for remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the acts of said Trustees, so far as they are consistent with the laws of this Commonwealth, shall be and the same are hereby declared to be as binding and obligatory upon the inhabitants of said town, as though said disabilities had not existed. SEC. 2. That the Trustees of said town shall have power, and they are hereby authorized, to sell and convey to the purtain streets, & chaser or purchasers all that part of Front and Common streets, in said town between lots No. 23 and 24, and out lot No. 1, provided the owner of lots No. 23 and 24 shall, if required by the Trustees of said town, open a pass way through said lots, from Front street to Water street, at least thirty feet wide: and the said Trustees are further authorized and empowered to sell and convey to the purchaser, all that part of a cross street in the southern addition of said town, lying between Green and Main cross streets, and adjoining the lots of Joseph Eubank, jr., if in the opinion of said Trustees no inconvenience will arise to the citizens of said town, or the public, from said sale. SEC. 3. That it shall not, hereafter, be lawful for the TrusAmount of tees of said town to levy and collect more than twenty five tax to be asses- cents on the hundred dollars' worth of property, that may be listed for taxation in said town, nor more than fifty cents for a poll tax, instead of the rates now allowed by law. sed. SEC. 4. That all laws authorizing the Trustees of said town, and requiring the inhabitants living within one half mile of Certain pow- the court house, and out of the bounds of said town, to list ers repealed. for taxation their property out of the bounds of said town, be and the same is hereby repealed. Approved January 27, 1838. CHAP. 646-AN ACT for the benefit of William Smith. WHEREAS, Joseph Smith, and Ann his wife, took charge of an infant boy, and have raised him to the age of thirteen years; that they have become very much attached to him, and are desirous that he should bear their name, and become their legal heir and representative, having no children of their own-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the boy aforesaid shall be known and called by the name of William Smith, and he is hereby made capable of inheriting the estate of said Joseph Smith, and Ann his wife; and to all intents and purposes be their legal heir and representative after their decease. Approved January 22, 1838, 1838. CHAP. 647-AN ACT for the benefit of the heirs of Michael Martz. WHEREAS, it is represented to the General Assemembly of the Commonwealth of Kentucky, that there was granted, by the County Court of Christian, a certificate, No. 2005, in July 1804, to William Anthony, for two hundred acres of land, which certificate was assigned by said Anthony to Isaac Clark, and by said Clark assigned, by mistake, to Michael March, when it was intended to have been assigned to Michael Martz; and the certificate having been removed, and the survey having been made pursuant to said removal; and it being further represented, that the said survey does not interfere with any other survey; but for the mistakes and difficulties herein represented, the Register cannot issue a patent-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Register of the Land Office be and he is hereby directed to issue a patent to the heirs of Michael Martz, deceased, for two hundred acres of land lying in the now county of Trigg, formerly Christian, on the Middle Fork of Case's creek, surveyed under a certificate from the County Court of Christian to William Anthony, which patent shall pass the title to said heirs, but shall not affect the rights of other persons. Approved January 27, 1838. CHAP. 648-AN ACT to repeal an act, entitled, an act to allow the County Be it enacted by the General Assembly of the Commonwealth of 1838. when. CHAP. 649-AN ACT to incorporate the town of Albany, in Clinton County, and Ballardsville, in Oldlham County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the free white male inhabitants, residing in May elect the town of Albany, in Clinton County, and the owners of Trustees, and lots in said town, shall, on the first Monday in April 1838, and on the same day in every year thereafter, meet at some convenient place within said town, and proceed to elect five Trustees, who shall hold their office for one year next after their election, or until their successors are duly appointed; and the said election shall be conducted under the direction of John Irvin, or some other Justice of the Peace for said Shall take an county, who shall act as Judge therein; and said Trustees shall take an oath, before some Justice of the Peace for said county, truly and faithfully to perform the duties enjoined on them by law as Trustees. oath. Trustees. SEC. 2. That said Trustees, after their appointment, shall Powers of the have power and authority to pass such ordinances and bylaws, and perform such acts as Trustees, for the government and regulation of the town of Albany, in the county aforesaid, as to them may seem necessary, provided that such acts, ordinances, and by-laws, shall not be inconsistent with the constitution and laws of this State. SEC. 3. That the provisions of this act be applied to the town of Ballardsville, in Oldham county; and that Leonard Provisions to Lyon, William Shackleford, Bernard Green, James A. Eckles, extend to Bal- and John Fible, be and they are hereby constituted and appointed the first board of Trustees for said town of Ballardsville. lardsville. Approved January 27, 1838. CHAP. 650-AN ACT to authorize the County Courts of Allen and Barren SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the County Court of Allen county, and they are hereby authorized, to subscribe stock in the Glasgow and Scottsville Turnpike Road Company, in the name of the County Court and for the use of the county, provided that the amount which they shall so subscribe, shall not exceed five thousand dollars. SEC. 2. Be it further enacted, That the provisions of this act shall extend to the County Court of Barren. Approved January 27, 1838. CHAP. 651-AN ACT applying the fines and forfeitures of Allen County to the benefit of the County Seminary. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, the fines and forfeitures incurred in the county of Allen, be and the same are hereby appropriated to the benefit of the Seminary in the town of Scottsville; and the Trustees of said Seminary shall have full power to receive, and collect from all Sheriffs, Constables, and other officers, all such fines and forfeitures as may be collected in said county. Approved January 27, 1838. 1838. CHAP. 652-AN ACT allowing further time to the 32d Regiment Kentucky 'Militia to hold their Court of Assessment. WHEREAS, it is represented to the present General Assembly, that the officers of the thirty second Regiment Kentucky Militia did not, at the time required by law, in 1837, hold their Court of Assessment, whereby the fines are likely to be lost to said Regiment--for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the officers of the said thirty second Regiment Kentucky Militia may meet, for the purpose of holding their Court of Assessment, at the Clerk's office in Shepherdsville, in the county of Bullitt, on the third day of March. 1838, and proceed, as by law required, to assess the fines for said Regiment for the year 1837; and do such other things in relation to said Court of Assessment, as if they had met at the time required by law; and the said proceedings shall be as effectual in law as if held at the usual time appointed. Approved January 27, 1838. CHAP. 653-AN ACT to amend an act for the benefit of Warner Crow, late Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Warner Crow, late Sheriff of Daviess county, be allowed the further time till the next annual Court of Assessment, in the year 1838, to return his delinquent list of militia fines in said county, and that said list of delinquents, if duly returned by him by the first day of said annual court, shall be as legal, in all respects, as if returned within the time prescribed by the act to which this is an amendment. Approved Januay 27, 1838. |