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1850.

out of repair.

and in the event said road, or any part thereof, is suffered Proceedings by the Managers thereof, through negligence and want of when road is proper care, to be and continue for the space of one month unfit for public travel, as aforesaid, then and in that event any person who may deem himself injured thereby, may, by bill or petition in the Circuit Court of the county in which said road is out of repair, in the name and behalf of the Commonwealth of Kentucky, proceed in the usual form, in order to procure a forfeiture of the charter of said company; and said court shall have full power and jurisdiction to declare said charter forfeited, and the rights of said company therein void and of no effect; and either party to said proceeding may have the right of appeal or writ of error to the Supreme Court.

Approved March 7, 1850.

LAWS OF KENTUCKY.

PASSED AT DECEMBER SESSION, 1849.

JOHN J. CRITTENDEN, GOVERNOR; JOHN L. HELM. LIEUT. GOVERNOR
AND SPEAKER OF THE SENATE; THOMAS W. RILEY, SPEAKER OF THE
HOUSE OF REPRESENTATIVES; JOSHUA F. BELL, SECRETARY OF STATE.

LOCAL AND PRIVATE LAWS.

CHAPTER 1.

AN ACT for the benefit of Isaac Monson and wife.

WHEREAS, it is represented to this General Assembly, that Nancy Monson, wife of Isaac Monson, of Nicholas county, is seized, of her own right, of title to a certain piece, or tract, of land in said county, derived by descent from her father, Samuel Miller, deceased; and, also, to a certain other piece, or tract, of land, in said county, conveyed to said Nancy and her sister, Elizabeth Miller by Mitchell Miller; and that the said Nancy is an infant, about nineteen years of age, and that her husband, with her assent, has made sale of her interest in said lands to one Wm. Parker, and the sale is greatly advantageous to the said Nancy Monson. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That power and authority is hereby given to the said Isaac Monson, and Nancy his wife, to convey all her right, interest, and title, in said lands to the said William Parker; and such conveyance shall be as effectual and binding on the parties as if the said Nancy Monson were twenty one years of age.

THOMAS W. RILEY,

Speaker of the House of Representatives.
JOHN L. HELM,

Lt. Gov. and Speaker of the Senate.

Approved January 11, 1850.

By the Governor,

J. J. CRITTENDEN.

JOSHUA F. BELL, Secretary of State.

1850.

CHAPTER 2.

AN ACT for the benefit of James M. Allen, a lunatic.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for John Allen and

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1850,

Cyrus K. Allen, of Cumberland county, or either of them,
to file their petition in the Cumberland Circuit Court, setting
forth the necessity for a sale of the interest of James
M. Allen, a lunatic, of said county, in a tract of land, con-
taining about 294 acres, conveyed to said lunatic by John
Allen; and if it shall appear to the satisfaction of the
Court, that the sale of said lunatic's interest will redound to
his benefit, said Court is hereby authorized to decree its sale,
in such manner as the justice and equity of the case shall
require, taking bond, with good security, for the faithful
application of the proceeds of the sale of said interest; said
land lying and being in the county of Cumberland.
Approved January 11, 1850.

CHAPTER 3.

AN ACT to repeal an act, entitled, an act to regulate the public roads in
the county of Bullitt, approved February 19, 1849.

Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the act, entitled, an act to regulate the
public roads in Bullitt county, approved February 19, 1849,
be and the same is hereby repealed; and the general laws
of this Commonwealth, in relation to public roads, be and
the same are hereby declared to be in full force in said
county.

Approved January 11, 1850.

CHAPTER 4.

AN ACT regulating the county levy of Bullitt county.
SEC. 1. Be it enacted by the General Assembly of the Com-
monwealth of Kentucky, That, hereafter, it shall not be law-
ful for the County Court of Bullitt county, when the Justi-
ces thereof proceed to lay the county levy for said county,
to exceed the sum of one dollar for each tytheable person
in said county.

SEC. 2. That the act, entitled, an act to restrict the Coun-
ty Courts in laying their levies, and the mode of letting
their public buildings, approved December 21, 1821, be and
the same is hereby repealed, so far only as it relates to Bul-
litt county, and refers to and relates to the manner of lay-
ing levies.

Approved January 11, 1850.

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CHAPTER 5.

AN ACT for the benefit of George Harp's heirs.

WHEREAS, it is represented to the General Assembly, that

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it would be to the interest of the infant heirs of George Harp, deceased, that two slaves belonging to them, named Sam and Willis, be sold, to prevent the danger of being killed on account of the odium against them in the neighborhood, or of their running off to escape said danger. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the guardian of said infant heirs be authorized to sell said slaves, at public auction, at the Court House door in Lexington, on the Monday of the January County Court for the present year, notice of the time, place and terms of sale being given by advertisement in a newspaper published in Lexington, by two insertions, on a credit of four months-the purchaser giving bond, with good security, for the purchase money.

Approved January 11, 1850.

1850.

CHAPTER 6.

AN ACT for the benefit of the Newport Cemetery. WHEREAS, it is represented to this General Assembly, that the city of Newport has purchased ground for a city Cemetery, and laid out the same into avenues, sections, and lots, for the purpose of selling the same for the interment of the dead; and it is desirable that said grounds should be disposed of with as little cost and trouble as possible. Therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Clerk of the city of Newport shall keep, in his office, a book or books for the recording of all deeds of conveyance for Cemetery lots in said Cemetery, which record is hereby declared a public record; copies of which, certified by the Clerk, and sealed with the seal of said city, shall be evidence of the matters therein contained in all the Courts of this Commonwealth. SEC. 2. The signature of the President of the Common Council of said city of Newport, for the time being, done in open Council, shall be deemed full and sufficient signing and acknowledgment of the deed on the part of said city; and the certificate of the City Clerk to the fact that it was signed by the President in open Council, shall be deemed sufficient evidence of the fact; which certificate shall be endorsed on the deed by the Clerk, and recorded with the same; and it shall not be deemed necessary or proper to record any deeds to said Cemetery lots in any other office than that of the said City Clerk of Newport; and the said President and Common Council are hereby given full power to fix and regulate the fees which shall be allowed to the Clerk for his services in these matters, well as the fees of the Mayor for affixing the city seal, &c. Approved January 11, 1850.

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AN ACT for the benefit of B. F. Hatcher and wife, and Simeon Cowherd and wife.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Judge of the Green Circuit Court, upon the petition or petitions of Benjamin F. Hatcher and Mary B., his wife, and Simeon Cowherd and Martha F., his wife, for themselves and for their respective children, (such petition or petitions being sworn to,) may decree a sale of the tract of land, situate and being in Green county, or so much thereof as may be deemed by said court for the interest of said parties, the same being willed to the said Hatcher and Cowherd, in trust for their said wives and children, by Adam Mitchell, deceased, by his will now of record in the Clerk's office of the Green County Court: Provided, that it shall appear, by the statements of the said petition or petitions, and oral or written testimony, that it will redound to the advantage of the wives and children of said Hatcher and Cowherd for such sale to be made.

SEC. 2. That the Judge of said court may make a decree re-investing the whole, or a part, of the purchase money arising from said sale, in such other lands or estate as may appear most to the advantage of the said Mary B. Hatcher and Martha F. Cowherd, and their children; and in all orders and decrees made by him, he shall require such security to be given by those whom he shall appoint to execute the same, as in his discretion deemed proper.

SEC 3. That in case said Judge shall not decree a reinvestment of the proceeds of sale, but that the fund shall be kept at interest, or otherwise appropriated for the benefit of said Mary B. Hatcher and Martha F. Cowherd, and their children, it shall be in his power to appoint a Trustee or Trustees for them, or direct the said proceeds of sale to be delivered over to the said Trustees appointed by said will, who shall have the care and management of said fund; and may require said Trustee or Trustees to give such security for the faithful discharge of his or their duties as, in his discretion, he may deem advisable.

Approved January 11, 1850.

CHAPTER 8.

AN ACT for the benefit of the estate of John D. Locke, a Lunatic. WHEREAS, it is represented to the General Assembly, that a portion of the slaves belonging to the estate of John D. Locke (who has been, by a regular proceeding in the Jefferson Circuit Court, found a lunatic,) are now confined in the jail of said county, they having been apprehended as runaways in the State of Indiana, and as by

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