СНАР. ССХ.

An ACT to relinquish the Commonwealth's right of escheat to the estate of Ignatius Hottenroth. APPROVED January 28, 1818.

WHEREAS it is represented to the general Recital. assembly, that Ignatius Hottenroth, a citizen of Germany, owned a lot of ground and buildings thereon in Bardstown, and it appearing that it was the request of said Hottenroth that both his real and personal estate should be vested in a seminary now erecting in Bardstown: Therefore,

in commis.

for

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all claim Estate vested which said commonwealth may have to said es- sioners, tate, is hereby vested in the following gentlemen, certain puras trustees: John Rogers, Anthony Sanders, Fe- poses. lix Cashot, Nathaniel Wickliffe, N. Webb, William P. Duvall and Edward Haydon, to sell and convey said real estate as they may think proper, either for completing said buildings or in employing teachers or professors for said seminary.

2. Be it further enacted, That nothing in this The rights of act shall be so construed as to affect any claim others not to be affected or claims which may be against said Hottenroth or his legal representatives.

by this act.

CHAP. CCXI.

An ACT to amend the act entitled "an act for the benefit of the infant heirs of Edmund Taylor, deceased, of Campbell county.

E

APPROVED January 28, 1818.

to

§ 1. BE it enacted by the General Assembly of Guardians authe Commonwealth of Kentucky, That Polly T. thorised M'Kinney, late widow of Edmund Taylor, dec'd. sell and con and the guardians of the infant heirs of the said vey lands. Edmund, may sell and convey in fee simple, upon such terms as in their discretion they may deem advisable, all the undivided right and title of the said heirs to any tract or tracts of land lying within any of the counties in this commonwealth aforesaid, except the county of Campbell.

§ 2. Be it further enacted, That the proceeds Proceeds to of said sales shall be invested by the guardians be vested in aforesaid in bank stock, and the dividends there

bank stock.

of shall be divided according to the respective titles of the said Polly and the infant heirs aforesaid in the lands aforesaid, to the full extent of the sales thereof.

§ 3. Be it further enacted, That the said Polly Guardians to and the guardians are hereby empowered to apappoint attor- point an attorney or attornies in fact, to execute the powers, or any of them, granted to them as aforesaid.

nies.

Preamble.

CHAP. CCXII.

An ACT to establish a Road from Newport to Cyn- · thiana.

APPROVED January 29, 1818. WHEREAS it is represented to the present general assembly that the public would be much benefitted by a road being opened from the town of Newport, in Campbell county, to pass through the town of Falmouth, in Pendleton county, and to insersect the present state road leading from Georgetown to Augusta at the town of Cynthiana, in Harrison county: Therefore,

1. Be it enacted by the General Assembly of the Comm'rs. ap- Commonwealth of Kentucky, That James Taylor, pointed to John Lindsey and William Caldwell, of Campview the road bell county, James King, William Mountjoy and

Joseph K. Glenn, of Pendleton county, James Coleman, James Finley and Josephus Perrin, of Harrison county, be, and they are hereby appointed commissioners; who, or any two.of them in each county, shall view and mark a road, the nearest and best way practicable, through their respective counties, to extend from the town of Newport, in Campbell county, to the town of Cynthiana, in Harrison county; and it shall be the further duty of said commissioners, so soon as they shall have completed the viewing and marking said road, to lay it off into convenient sections or precincts, and shall make report of their

proceedings, with the probable number of hands necessary to the immediate opening of said road, to the next court of their respective counties.

same to be o

pened.

§ 2. Be it further enacted, That it shall be the County c'rts. duty of the several county courts of the aforesaid to cause the counties, immediately upon the receipt of the reports of their commissioners, to make an order for clearing out said road within two months after making such order; which road shall not be less than thirty, nor to exceed forty feet in width; and shall appoint a surveyor upon each section or precinct, as laid off by the commissioners, and shall allot him the number of hands to which he is entitled, and the boundaries from whence they are to be drawn. Copies of the above described orders of court shall be given to each surveyor appointed under this act within ten days after granting the same, by the sheriff or any constable of the county.

to

3. Be it further enacted, That each and every person who shall fail or refuse to do his duty in Penalty for failing clearing out said road, after having been duly work. notified by the surveyor, shall be subject to be dealt with in every respect as is at present authorised under the existing laws on the subject

of roads. And the several surveyors who shall Penalty on be appointed under the provisions of this act, surveyors. who shall fail or refuse to do the duties assigned him, without good cause shown, shall forfeit and pay the sum of ten dollars, recoverable upon information before the court of the county in which he or they shall have been appointed: Provided however, that ten days previous notice be given to the delinquent.

runs, how ascertained and

§ 4. And be it further enacted, That when any Damages to person through whose land the said road shall be individuals viewed, shall object to the opening the same, the thro' whose sheriff of the county in which the land may lie, land the road shall at the direction of the commissioners, summon a jury to meet upon the land, on a certain paid. day in the commissioners' order mentioned, who shall be qualified to ascertain the damages that may arise from opening said road; which, together with the sheriffs' fees, shall be paid out of the next county levy of the county in which said.

land may lie, the claims being first allowed by the county court.

Preamble,

may

decree a

CHAP. CCXIII.

An ACT for the benefit of Littleberry Bedford.
APPROVED January 29, 1818.

WHEREAS Littleberry Bedford, a citizen of this state, has produced to this legislature a certified copy of a record from the Court of Pleas and Quarter Sessions of Rutherford county, state of Tennessee, from which it appears that the said Bedford has recovered a judgment against the heirs and representatives of Thomas Bedford, deceased, who are residents of the state of Tennessee, for the sum of three thousand dollars ; which judgment cannot be satisfied in said state, the said heirs having no property by descent from said Thomas, deceased; nor does any property; real or personal, remain in the hands of the administrator of said decedant. And the said Littleberry Bedford in conjunction with John R. Bedford, William Bedford, George A. Bedford and Benjamin Bedford, heirs and legal representatives of the said Thomas, deceased, with John R. Bedford, administrator of said decedant, and guardian of Littleberry Bedford, infant heir of the said Thomas Bedford, deceased, having petitioned the legislature to sell certain tracts of land in the state of Kentucky, the property of the said heirs by descent from the said Thomas, deceased, to satisfy the debt aforesaid: Wherefore,

Be it enacted by the General Assembly of the Circuit court Commonwealth of Kentucky, That it shall and may of Bourbon be lawful for Littleberry Bedford to commence a sale of certain suit in chancery in the Bourbon circuit court alands upon a gainst the heirs and legal representatives of Thocredit, &c, mas Bedford, deceased, and to prosecute the same to judgment, and have execution for any amount that he may satisfy the court that he is equitably entitled to; which judgment may be satisfied by execution and sale of any of the lands within this

Commonwealth which may belong to said heirs by descent from said Thomas, deceased, upon a credit of twelve months: Provided nevertheless, that said Littleberry Bedford shall, before he is entitled to judgment, publish in some authorised newspaper of this state, also in some authorised newspaper in the state of Tennessee, at least eight weeks against the non-resident defendants.

CHAP. CCXIV.

An ACT for the purpose of allowing an additional number of Justices of the Peace to certain Counties in this Commonwealth.

APPROVED January 29, 1818.

Proviso.

Additional justices

1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the following numbers of justices of the peace shall be allowed to the several counties hereinafter men- Rockcastle. tioned, to wit: To the county of Rockcastle two, Knox.

lowed to

Pulaski.

to the county of Knox two, the county of Pulas- Floyd.

ki two, to the county of Floyd three, in addition to the number now allowed by law.

§2. Be it further enacted, That the county of Butler. Butler be allowed two, the county of Boone two, Boone. and the county of Clarke two, the county of Clarke. Shelby. Shelby one, (to reside in the town of Taylorsville,) the county of Bourbon one (to reside in the town Bourben. of North-Middletown) justices of the peace in addition to the number now allowed by law.

al

CHAP. CCXV.

An ACT to amend an act entitled "an æet more effectually to suppress the practice of Duelling." APPROVED January 29, 1818.

The oath changed with respect to

§1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That whenever it shall be necessary to administer the oath prescribed by the first section of an act entitled "an the P

time