of Adam Rogers, in Madison county, to be governed by the general laws in relation to elections. 1850. Approved March 4, 1850. CHAPTER 260. AN ACT to prohibit the floating of rafts, &c., at night, on the slackwater streams of this State, without a light to denote them. WHEREAS, a practice prevails along the line of slackwater in Green, Barren, and Kentucky rivers, of turning loose, at night, rafts of timber, &c., to drift down said streams, without any light or other expedient to denote them, thereby endangering the property and lives of persons navigating said streams. Therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall not be lawful for any raft, or boat, to be turned loose to be floated at night down any of the slackwater streams, where navigable for steam boats, in this Commonwealth, without keeping up a sufficient light thereon, to be seen at least one fourth of a mile on water; said light to be kept up all night, beginning half an hour after sun set, and ending half an hour before sun rise. Rafts and boats loose not to be turned without beacon light. Penalty for vi SEC. 2. That any person or persons wilfully offending against the provisions of this act, their aiders and abetters, olation. shall be guilty of a misdemeanor, and shall be fined not exceeding one hundred dollars, and imprisoned not exceeding thirty days, in the discretion of a jury; and shall be liable to the party injured for such damages as said party may have sustained. SEC. 3. It shall be the duty of the circuit Judges, holding courts in counties where the offence mentioned in this act may be committed, to give the same in charge to the grand jury of said counties; and any fines collected under the provisions of this act shall be applied to lessening the county levy of the county where the offence was committed. act in charge to grand jury. Judges to give Proceedings when river is line between SEC. 4. That whenever the river, on which such misdemeanor shall be committed, be the line between two counties, the Circuit Court of either county shall have jurisdic- counties. tion of the offence; but the offence shall not be punished in but one of the counties. Approved March 4, 1850. CHAPTER 266. AN ACT for the benefit of the Bullitt and Meade Circuit Courts. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, no deposition or depositions 1850. taken in term time of the Bullitt or Meade Circuit Courts shall be read in any cause pending in said Courts: Provided, that such deposition or depositions may be read by consent of parties to the cause entered of record. Approved March 4, 1850. CHAPTER 284. AN ACT for the benefit of the County Court of Carter county. WHEREAS, it is represented to the present General Assembly of the Commonwealth of Kentucky, that in the year 1847 the Justices of the Carter County Court, or a portion of them, being a majority of said Court, sold to John Seaton one lot in the town of Grayson, known on the plat of said town by No. 83; and, whereas, doubts are entertained as to whether said sale is legal, and whether the Court has power to convey the same. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the before, recited sale is hereby legalized, and the Justices of the Carter County Court, or a majority of them, are hereby fully authorized and empowered to convey said lot, No. 83, to John Seaton; and said conveyance, when so made, shall invest said Seaton with all the title which is now vested in said Court. SEC. 2. And be it further enacted, That the money that said Court has or shall receive from said Seaton, in consideration of the sale of said lot, shall be, by said Court, laid out and expended in the purchase of a lot in a more eligible place for a Church and a School House, in, or adjacent to, the town of Grayson. Approved March 4, 1850. Allowance to CHAPTER 286. AN ACT to amend the law in relation to conveying criminals to the Penitentiary, and from one county to another. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all Sheriffs shall be allowed, sheriffs & guards for going and returning, twelve and a half cents per mile, for guarding criminals to the Penitentiary, and for guarding prisoners from one county to another, and the actual expenses incurred for such criminal or prisoners—that is, for ironing, diet, lodging, horse hire, ferriages, and tollage, and also ferriages and tollage for himself. That all guards shall be allowed six cents per mile for guarding criminals to the Penitentiary, and prisoners from one county to another, and also ferriages and tollage; the Sheriffs and Guards to pay their own expenses; the distance to be measured by the nearest and most usual land route; and all such accounts shall be allowed by the Circuit Courts, after being sworn to by the Sheriffs or Guards presenting the same; and the Second Auditor shall issue his warrant for all such claims on the Treasury, for the amount due each Sheriff or Guard, unless it shall appear to the Second Auditor that the charges are too great; and in that event, the said Auditor shall take the best evidence that can be obtained in relation to the same; and he is hereby authorized to qualify any person as to the correctness of any such ac counts. 1850. No allowance for guard to be made unless SEC. 2. No allowance shall be made to any Sheriff for the services of any Guard, unless it shall be proven to the Court that the full amount asked for has been paid by the proved. Sheriff to the Guard for his services; and when criminals are conveyed to the Penitentiary, or prisoners from one county to another, by steamboat, stage, or other conveyance, the Sheriff shall be allowed the expenses actually paid by him for such criminal or prisoner, and no more; all of which shall be sworn to by the Sheriff before any allowance is made. SEC. 3. It shall be the duty of the Clerk of any Circuit Court, in which any of the aforesaid accounts shall be allowed, to certify that the same has been sworn to, proven, and allowed, according to the provisions of this act. Approved March 4, 1850. Accounts to be certified. CHAPTER 290. AN ACT to increase the salaries of the Clerks in the Auditors and Treasurer's offices. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, there shall be an additional salary allowed to the Clerk in the First Auditor's office, to the Clerks in the Second Auditor's office, and to the Clerk in the Treasurer's office, of one hundred dollars per annum, each, to be paid quarterly out of the public Treasury, upon the warrant of the Second Auditor, as now required by law. Approved March 4, 1850. CHAPTER 314. AN ACT to exempt Keepers of Public Ferries in Morgan, Henry, and Cumberland counties, from working on public highways. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, all Keepers of public ferries in Morgan, Henry, and Cumberland counties, shall be exempt from working on public highways in said counties. Approved March 4, 1850. L 1850. CHAPTER 326. AN ACT repealing, in part, the act declaring Bear Creek and Little Barren Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of an act, entitled, an act declaring Bear Creek and Little Barren river navigable streams, approved February 5, 1845, as declares Little Barren river a navigable stream from its mouth up to Mitchell's mill, be and the same is hereby repealed. Approved March 4, 1850. CHAPTER 331. AN ACT for the benefit of the several Boards of Internal Improvement west of Tennessee river. WHEREAS, by virtue of divers acts of the Legislature for the benefit of the Lewis Pottery Company, Jacob Lewis was authorized to enter, west of Tennessee river, eight quarter sections of land, or 1,280 acres; and that under said laws he did, on the 11th day of December, 1834, enter 960 acres of said land; and in the year 1836 said Lewis entered the rest of said lands, but at neither time paid any money into the Land Office; and when he made said entries first, the price of land was twenty five cents per acre, and when he made the last, twelve and a half cents per acre; and whereas, by an act of the Legislature, approved 27th February, 1835, said Lewis was given five years from that date to pay for said lands, which said Lewis failed to do, and suit in the name of the Commonwealth was brought against him, by reason of which he had to pay the entry money for said lands, and interest on the same from the 27th February, 1840; and J. B. Husbands having attended to said suit and closed it, and collected from said Lewis said money, and the same belonging to said Boards. of Internal Improvement, under divers acts of the Legislature relative to the proceeds of lands sold west of the Tennessee river, and no law exists requiring said Husbands to pay said money over to them. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said Husbands pay over to said Boards, respectively, their several portions of said money, after retaining for his services in collecting said money the sum of fifty dollars, which sum is hereby allowed him. Approved March 4, 1850. CHAPTER 334. AN ACT to amend the act to regulate the administration and settlement of estates, approved February 20, 1839. WHEREAS, under the provisions of an act to regulate the administration and settlement of estates, approved Febru ary 20, 1839, it often occurs that the estates of the insolvent poor are exhausted by the costs of the suit for their equitable distribution, instead of being applied to the payment of their just debts. For remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of said act as authorizes or requires any executor or administrator of an insolvent estate, the assets of which, according to the inventory or appraisement thereof, do not amount to the sum of five hundred dollars, to file a bill in chancery for the equitable distribution thereof, pursuant to the provisions of said act, be and the same is hereby repealed. When assets do not amount to $500 executor or administrat'r to notify creditors to file claims. SEC. 2. That when the assets of an insolvent decedent's estate are found, as aforesaid, not to exceed five hundred dollars, it shall and may be lawful for the executor or administrator thereof, by at least four weekly publications in any newspaper published in the county where said decedent last resided, if any be published there, and by public advertisements at four or more public places in said county, one of which shall be at the Court House door and another in the neighborhood of the decedent's last residence, to call on the creditors of said decedent to produce to said executor or administrator, or to file with the County Commissioners of said county, or one of them, their claims against said decedent, on or before some day to be fixed in said advertisement; which shall not be sooner than thirty days from the time of posting up said advertisements; whereupon it shall be the duty of said executor or administrator, on the day aforesaid, to go with said claims, if the same shall have been filed with him, before the County Commissioners, or one of them, for the settlement of accounts, in the county where said decedent last resided, in order to a settlement of the matters of his administration, and to an allowance or disallowance, as may be right, of the claims so presented against said decedent: Provided, that any one of said County Commissioners may act in making the settlement, under the provisions of this law, Com'r may act, unless objected to by a majority of the creditors; and said Commissioner, whilst making it, shall be entitled to two dollars per day; when two or more of said Commissioners are required to make it, they shall be entitled to one dollar and fifty cents, each, per day: Provided further, that no claim shall he allowed by said Commissioner or Commissioners until the same is duly proven and sworn to as now required by law: And, provided further, that no claim shall be allowed, the justness of which may be controverted by proven. the executor or administrator; but said claimant shall be left to his legal or equitable remedy. One County their fees, &c. Claims to be SEC. 3. That after said settlement, and allowance or dis- Claims allowed allowance, by said Commissioner or Commissioners, of the by Com'rs to be claims preferredagainst the estate of the decedent, it shall paid. |