1850.

Land to be re

missioners.

Settlement may

cepted to.

Real estate may be sold.

be the duty of said executor or administrator, to pay out and distribute, the assets which have come to his or her hands as directed in the third and fourth sections of the act, approved February 20, 1839.

SEC. 4. That if there be any land belonging to the estate of said decedent, to which he has the legal title, that ported by Com fact, with the evidence thereof, shall be reported by said. Commissioner or Commissioners, together with said settlement, to the County Court of their county; and said settlement, when returned, shall be held subject to ratification be ratified or ex or exception, and shall, in all respects, be disposed of as provided by the act regulating the settlement of accounts of executors, administrators and guardians, approved February 24, 1834; and should no valid exception be taken to the sale of the real estate of said decedent, reported as aforesaid, the said County Court shall authorize said executor or administrator, or any Commissioner by them named, to make sale thereof, or so much thereof as the payment of the debts of the decedent may make necessary, saving to the widow of said decedent, if any, her dower therein, upon such terms as said court may direct and determine; and after the sale of any real estate, as aforesaid, and as often, with or without such sale, as the interests and exigences of insolvent estates may require it, new, other and additional settlements may, from time to time, be made and ordered, pursuant to the provisions of this act; and the Commissioner or Commissioners, making the same, shall have all the powers and authority given and conferred by said act, approved February 24, 1834; and the Commissioner appointed to sell such real estate, or such other person as the Court may direct, shall, after the purchase money is paid by order of said Court, convey to the purchaser said real estate thus sold.

Executor or

after final settle

ment.

SEC. 5. That after the final settlement with any executor or administrator, and ratification thereof, pursuant to adm'r not liable the provisions of this act, no executor or administrator shall be held liable, in law or equity, for any claim or demand against his said decedent, which was not produced before said Commissioner or Commissioners, executor or administrator, or before said County Court, unless upon proof of assets in the hands of said executor or administrator, not accounted for by him.

Executor or ad ministrator may

recov'r overpay ment to distributee or creditor.

SEC. 6. That if any executor or administrator shall, hereafter, pay to any creditor an undue proportion of his debt, or to any distributee his portion of any estate, under a mistake as to the solvency thereof, it shall be lawful for such executor or administrator to recover of such creditor or distributee, the amount of such over-payment: and should any executor or administrator unduly delay, after six months, to give the notice, and make settlement, as required by this act, it shall be lawful for said County Commission

ers, upon the application of any creditor or person interested in said estate, to issue a summons against said executor or administrator, pursuant to the provisions of the act aforesaid, approved February 24, 1834, and to cause advertisements to be made, pursuant to the provisions of this act, and to proceed to make said settlement, in every respect, as though the initiatory steps therefor had been duly instituted and taken by said executor or administrator; and should said executor or administrator disregard said summons, he shall be proceeded against, in every respect, as provided for by said act, approved February 24, 1834.

Approved March 4, 1850.

1850.

CHAPTER 338.

AN ACT requiring the publication of unclaimed balances in Banks, and other corporations, in certain cases.

Be it enacted by the General Assembly of the Commonwealth of rentucky, That it shall be the duty of all Banks, and other corporations, in this State, now chartered, or which may hereafter be incorporated in this Commonwealth, annually, in the first week of January, to publish in some authorized newspaper therein all unclaimed balances or dividends to the credit of individuals, companies, or corporations, on the books of such Banks, or corporations, which have remained unclaimed for one year or more previous to the time of such publication-giving, in such publication, the amount of such balances, and opposite to each balance or dividend, the name of the person, company, or coporation, to whom they respectively belong; and when practicable, the place of residence of such person, &c.; and in selecting the newspaper for such publication, when there is no paper published where such corporation may have its principal place of business, the newspaper shall be selected which is published nearest thereto; and the expense of such publication shall be paid by such corporations, to be borne, pro rata, by such balances, and deducted therefrom by such corporations or Banks, when the same are respectively paid out.

Approved March 4, 1850.

CHAPTER 347.

AN ACT for the benefit of the Kentucky Institution for the Education of the Blind.

SEC. 1. Be it enacted by the General Assembly of the Commonwe ilth of Kentucky, That the sum of three thousand dollars be annually appropriated, for three years, to the Kentucky Institution for the Education of the Blind, to be applied, in the discretion of the Board of Visitors, to the payment of the ordina

1850.

Board of Visi

tors to make report of expendi. tures.

Second Auditor to draw war president board.

rant in favor of

May receive

nually.

ry current expenses of the Institution; to the painting, papering and finishing the main building; to the procurement of carpeting for the floors, and of suitable chairs, tables, beds, bedding, window-blinds, and other furniture for the various rooms, passages and apartments thereof; to the purchasing of necessary books, charts, maps, globes, instruments, apparatus, &c., for the library and literary department of the Institution; to the erection and making of improvements on the lands and grounds appendant and appurtenant thereto, in fencing, building, repairing, or decorating.

SEC. 2. Be it further enacted, That it shall be the duty of said Board of Visitors and the Managers of the Institution, in their annual and biennial reports, hereafter to be made to the Legislature of Kentucky, to set forth, specifically, how and in what manner said funds have been applied and paid out, from time to time, with full and complete lists and items of all purchases made, and the price or prices thereof.

SEC. 3. Be it further enacted, That the several sums of money, herein before appropriated, be paid in each year, commencing with 1850, to the President of said Board, or to his order, out of any money in the Treasury not otherwise appropriated, for which the Second Auditor shall draw his warrant, when legally called upon for that

purpose.

SEC. 4. Be it further enacted, That the President and Board of Visitors of said Institution shall have full power sixty pupils an- and authority, from time to time, if application be made, to receive each year and admit into the same as many as sixty pupils, on the same terms and conditions as now prescribed by law in such cases.

Books to be given to pupils

on leaving In stitution.

Secretary of

State to furnish

board with acts

and journals to

this time.

SEC. 5. Be it further enacted, That each pupil who may hereafter graduate in, or be honorably discharged from, said Institution, shall receive from the President of the Board of Visitors, or from the Superintendent by his written order, one copy of the Bible and a copy of the Declaration of American Independence and the Constitution of the United States of America, for which no charge shall be made against said graduating or retiring pupil, but shall go and be considered and accounted as an item of the ordinary expenses of the said Institute, and annually, or as often as need be, the same shall be reported with the other expenses thereof.

SEC. 6. Be it further enacted, That upon application of the said President of the Board of Visitors, either personally or by writing, to the Secretaty of State, the said Secretary shall furnish him with a copy of the Acts of the Kentucky Legislature and a copy of the Journals of the Senate and House of Representatives of this State, commencing with the session of the Legislature of 1841-2, and each year successively from thence hitherto.

1850.

Books hereafter to be furnish

SEC. 7. Be it further enacted, That hereafter, in the distribution of the acts of the Legislature and the Journals of the Senate and House of Representatives of this State, amongst the different persons and offices entitled thereto, ed Institution. that one copy of each be furnished to said Institution; all of which Acts and Journals shall be placed and kept in the library for the benefit of the officers thereof.

Approved March 4, 1850.

CHAPTER 354.

AN ACT in relation to Idiots and Lunatics.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when the Circuit Court is not in session in any county in this Commonwealth, and any person shall apply to a Police Judge of any town or city, or to a Justice of the Peace, complaining that any Idiot or Lunatic is going at large, is dangerous or ungovernable, or is wasting his or her estate, it shall be lawful for the Police Judge or Justice of the Peace, to issue a writ of de idiota inquirendo, or de lunatico inquirendo, directed to the Sheriff or Coroner of the county, commanding him to summon a jury to appear at a time and place to be named in the writ; and when a lawful jury is empannelled, they shall be charged to enquire as is now directed by law in proceedings in the Circuit Court.

SEC. 2. The Police Judge, or Justice of the Peace, in such cases as the laws allow the Idiot or Lunatic to be sent to the Asylum at Lexington, shall make an order on a copy of the verdict of the jury that the Idiot or Lunatic be sent to the Asylum, which shall be authority for the reception of the Idiot or Lunatic into the Asylum by the Keeper or Superintendent thereof.

writs and ver dict to be return Court in certain

ed to Circuit

cases.

Attorney for

SEC. 3. In those cases where the Idiot or Lunatic has property, or where the Court has authority by law to make allowance to be paid out of the Treasury, the writ and verdict shall be returned to the Circuit Court, and the Circuit Court shall have the same powers over the Idiot or Lunatic, and his estate, as if the inquisition had been had and held in the Circuit Court. The Attorney for the Commonwealth, or the Attorney for the county, shall be notified to Commonwealth attend on the part of the Commonwealth; and the Police notified to Judge, or Justice of the Peace, shall appoint an Attorney tend, &c. to see that the Idiot or Lunatic is not improperly condemned; and the Police Judge or Justice shall have power to Police judge or appoint a committee to take charge of the Idiot or Lunatic, point committee and his estate, until the meeting of the Circuit Court, taking bond and security of the committee for the faithful per- continue formance of his duty; and the Circuit Court shall have mittee.

or county to be

at

Justice to ar

Court may

com

1850.

power to continue the committee thus appointed, or appoint another at discretion, taking bond and security as required in other cases.

Approved March 4, 1850.

CHAPTER 369.

AN ACT to amend the penal laws.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall not be lawful for any white person, or free negro, to write or deliver to any slave or slaves a written pass to go from one place to another, or a written authority for any purpose whatever, in the name of the owner or hirer or other person, or in the name of any fictitious person, other than the owner or hirer of such slave or slaves; and each and every person, so offending, shall be deemed and held guilty of forgery, and shall be liable to an indictment; and, upon conviction, to confinement in the Jail and Penitentiary House of this Commonwealth, for a period not less than one or more than five years, at the discretion of the jury; and shall, moreover, be liable to the owner for all damages growing out of such forged pass or authority: Provided, that this act shall, in no event, be construed as applying to any person who may, from their connexion to, or intimacy with, such owner or hirer, give such pass or written authority to such slave or slaves.

Approved March 5, 1850.

Location.

CHAPTER 392.

AN ACT to establish a Ferry across the Ohio river, at the city of Louisville.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a Ferry, from the city of Louisville across the Ohio river, is hereby given to William Preston, to be located on his lot, known as No. 2, in the deed of partition among the heirs of the late William Preston, deceased. That before said Preston shall exercise said privilege, he shall cause a safe and convenient landing place to be made on said lot, and shall furnish a good and substantial Steam Steam Ferry Ferry Boat, for use, at said Ferry. He shall give bonds, Boat to be used. with freehold security, to be approved by the Mayor and Council of Louisville, as required by the several laws relative to Ferries on the Ohio river; and he shall be subject to all laws, and liable to all penalties that now are or may be hereafter prescribed for those owning Ferries across the Ohio river; and he shall receive the same remuneration for transporting persons and property as is allowed at the other Ferries in Louisville; and if the conditions herein re

Bond to be giv.

en.

Rates of ferriage