1851. if it can be done, reserving enough to pay said claim or claims, pro rata: Provided, that the chancellor of the LouChancellor of isville chancery court and the judges of the circuit courts shall have concurrent jurisdiction with the presiding judge, in all cases arising under the provisions of this section, within the jurisdiction of said chancery and circuit courts. Louisville and circ't court con current jurisdic tion. In suits for set tlement of es tates, publica tion to be made. § 17. Whenever suit is brought before the presiding judge, for the settlement of an estate agreeably to the provisions of this act, he shall cause an advertisement to be made, by publication at least four times, by weekly insertions, in any newspaper printed in the county; and if there be none, then in such paper having a circulation in the county as the judge may designate, and by advertisements posted up at four or more public places in the county-one of which shall be at the court house door, and one in the neighborhood of the decedent's last residence-at least thirty days previous, giving notice to creditors to come forward and prove their claims before him, at such times and places as he may deCost of adver- signate in the advertisement; and he shall tax the cost of such advertisement with the other costs of the suit. tisement to be taxed. § 18. The presiding judges of the county court shall enWhen county ter upon the duties of their office on the second Monday in on discharge of June, 1851. judge to enter his duties. Bes $50 out of his § 19. That nothing in this act shall be so construed as County judge to authorize the trial of causes of which justices of the not to have ju peace have jurisdiction, out of the justice's district in which less than the defendant resides, without the consent, in writing, of district without such defendant be indorsed on the back of the warrant; consent of def't. and unless such consent be given, the officer executing the warrant shall return the same for trial before some justice of the peace in the district in which such defendant, or some one of them, resides. panneled in bas tardy cases § 20. In all cases of bastardy, the court shall cause a jury Jury to be im to be impannelled to find the facts of the case, and assess the amount to be paid by the defendant, in case the finding of the jury be against such defendant, under the rules and regulations of conducting jury trials in other cases. may appoint a commissioner. § 21. That the county judge shall have power to appoint County judge a commissioner at his discretion, to settle the accounts of any estate, who shall act under oath, and shall have the same fees as the judge should have for the settlement of such accounts: Provided, that the judge shall not appoint any person de. as said commissioner, any person who may be designated er party. by any party interested. Not to appoint signated by eith Approved March 11, 1851. CHAPTER 423. AN ACT to establish the place of voting in the Keysburg District, in § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it may and shall be lawful for the sheriff of Logan county to hold an election in the Keysburg magistrate's district, on the second Monday in April next, for the purpose of determining the place of voting in said district. Said election shall continue but for one day, and polls shall be opened at Ash Spring and at Keysburg, and the question shall be asked of each qualified voter proposing to vote in said district, "are you for Ash Spring or Keysburg?" And when the sheriff shall have compared the polls between said points, he shall publish the result in the Russellville Herald, and a majority of said qualified voters voting at the time aforesaid shall determine and locate said place of voting, which shall so remain until changed by law. § 2. Said sheriff shall appoint two discreet housekeepers as judges at each of said points in said district; also, a clerk and sheriff for conducting the election in proper form. The polls shall be compared in the office of the clerk of the county court, who shall enter the result in due form in his office. Said officers shall be sworn to conduct said election before some acting justice of the peace, according to the laws now in force for holding elections. §3. The expenses of holding said election shall be paid by the corporation of Keysburg. Approved March 12, 1850. CHAPTER 437. AN ACT changing the boundary lines of District No. 8, in Carter county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in district No. 8, in Carter county, be changed from John Banfield's to the house of Charles B. Rigg in said district; and that the lines of district No. 8, in Carter county, be so changed as to include those persons living on the head waters of Cain creek, in said county; and that the line of said district be changed from the dividing ridge between the waters of Wilson's and Williams' creeks, to the dividing ridge between Stintson and Wilson's creek, and thence down Sandy river to the county line, so as to include all the citizens living in said district on Wilson's creek, and its waters. Approved March 15, 1851. AN ACT providing for the election of Public Printer. § 1. Be it enacted by the General Assembly of the Com Office of Public monwealth of Kentucky, That the office of public printer for estab this commonwealth is hereby established, and that a prin Printer lished. How elected. Term of office. Present public printers to con tinue in office until Aug. 1852. Vacancy, how filled. Compensation. ter or printers to fill the same shall be elected by the joint vote of the two houses of the general assembly at the next session thereof, and every two years thereafter. § 2. That the printer or printers so elected, shall continue in office two years, from and after the first Monday in August succeeding his or their election: Provided, that the printers elected the present session shall continue in office until the first Monday in August, 1852; and if, from any cause, a vacancy shall occur in the office of public printer in the recess of the general assembly, it shall be the duty of the governor to appoint some proper person or persons to execute the public printing for the remainder of the time of the person or persons who had been elected by the general assembly. §3. That the compensation and duties of the printer or printers, so elected or appointed, shall be the same in every respect as provided by "an act concerning the public printing, approved February 23, 1846." Approved March 15, 1851. CHAPTER 463. AN ACT to provide for the payment of the interest of the School Fund. Whereas, doubts are entertained in regard to the liability of the sinking fund for the payment of the principal and the interest of the school fund: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sinking fund is liable to the payment of the principal and the interest of the common school fun l, and the commissioners of the sinking fund are hereby directed to pay, as heretofore, the interest on the school fund, out of any moneys in their hands belonging to said sinking fund, in execution of "an act to provide for the payment and investment of the interest of the bonds of the state of Kentucky, held by the board of education, &c., &c., approved March 1, 1850." MARCH 14, 1851. CHAPTER 470. AN ACT concerning certain Magistrates' Districts in Madison county, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the magistrates' and constable's district, No. 2, in Madison county, be and the same is so changed as to include the residence of Benaijah Gentry and Joseph Quisenberry, who now reside in District No. 3; and that the line of district No. 6, in said county, be so changed as to include the farm of Derrett White, jr., who now belongs to district No. 7; and the voting place in district No. 6, in said county, be changed from Hickory Plain school house to Johnson's shop, in said district. Approved March 20, 1851. 1851. CHAPTER 481. AN ACT to change the place of voting from Sulphur Well to James Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the third district, in Jessamine county, be changed from the Sulphur Well to the house of James Carter, in said district; and that all elections in said district shall hereafter be held at the house of said Carter. Approved March 20, 1851. CHAPTER 483. Keeper to fur convic's certain clothing. AN ACT better to define the duties of the Keeper of the Penitentiary.. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the keeper of the peniten- nish tiary is hereby authorized and directed to furnish to the convicts in said penitentiary, at the expense of that institution, a sufficient amount of clothing of such materials as has heretofore been given to them, so that they shall each have, at all times, in the winter, two pairs of pantaloons, two shirts, one vest, two roundabout coats, one wool hat or cap, one pair of shoes, and two pairs of socks; and in the summer, two pairs of pantaloons, two shirts, one hat, one pair of shoes, and one roundabout coat; and said keeper is hereby directed to have a part of said clothes be washed. washed every week, and to require said convicts to put on at least a clean shirt, pantaloons, and socks, every Sunday morning. § 2. That said keeper be and he is hereby directed to have the cells and bed clothing of said convicts well washey once every month, and oftener, if he should be so directed by the board of visitors, who have been or may hereafter be appointed by law; and also, to furnish five additional stoves, and place the same around the building Bed clothing to Cells to be washed and ad. ditional stoves set up. 1851. containing the cells, that they may be dried and made more comfortable in winter. §3. That it shall be the duty of the board of visitors Duty of board aforesaid, to see that this act is carried into effect, and report the same to the next general assembly. of Visitors. Approved March 20, 1851. CHAPTER 484. AN ACT concerning Justices' and Constables' Districts in Fleming county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the report of the commissioners, appointed to divide Fleming county into justices' and constables' districts, made the eleventh day of March, 1851, is confirmed; and the boundaries of said districts shall be as is therein set forth, except that all that portion of the Sherburn district, on the east and south east side of Locust creek, is hereby attached to the Hillsboro' district, and the said Locust creek shall be the boundary between said two districts, so far as they adjoin; the said several districts in said county, shall be the election precincts for all elections required to be held by the constitution and by law in said county. Approved March 20, 1851. Allowance to cery, auditors & masters in chan commissioners. CHAPTER 486. AN ACT regulating allowances to Masters, Auditors, and Commissioners in Chancery. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That no master commissioner in chancery, or auditor, or commissioner, appointed by any circuit court for the settlement of accounts, partition of land, negroes, or personal estate, allotment of dower in land or slaves, or the assessment of the value of any property whatever, or the profits thereof, shall be allowed a compensation exceeding the rate of three dollars per day, for the time such master, auditor, or commissioner may be necessarily engaged in the transaction of the business to be committed to them by said court; the time of such service to be ascertained To make oath by the oath of such master, auditor, commissioner, and of time engaged. other competent evidence: Provided, that if a survey should be required in course of such business, then such allowance shall be made to the surveyor as the court shall deem proper; and that the court may allow a sum not exceeding one dollar and fifty cents to a commissioner for executing a deed pursuant to any decree or order of court, and that How allowan the court may increase such allowance, with the assent of all the parties interested in the matters referred to the mas Allowance to Surveyor. Allowance for making deed. ces may be increased. |