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Circuit court of Madison to appoint a trus

tee

His power & duty Proviso

made for her support and safe keeping, and that such expences should be defrayed out of her own funds, rather than those of the public: Wherefore,

Sec. 1. Be it enacted by the General Assembly, That the circuit court of Madison, appoint some fit person, agent or trustee for the said Fanny Hoy; which agent or trustee, shall have power to act in behalf of said Fanny, in any division division or divisions of the lands of her ancestor; and if a majority of her co-legatees, shall conclu de to sell their undivided interest in any one, or all the lands of the said William Hoy, that the said agent or trustee, shall also sell with said majority, the undivided interest of the said Fanuy: Provided, that no such division, nor sale of the land or lands of the said Fanny Hoy, or any of them, made by the said agent or trustee, shall be valid and binding, unless the circuit court of Madison county aforesaid, shall approve of such division or sale, and enter their approbation thereof, on the records of the said court, and that such land or lands have been sold for the value thereof; and Proceeds of that so much of the money arising from said sales, sale, how ap as shall be allowed by the said circuit court for the propriated

Annual account to be rendered

Trustee to give bond

Condition

support of the said Fanny since the, proper inquest, passed upon her case, shall be paid to her committee, and the residue shall, by her agent, be put to interest, for the benefit of the said Fanny, to be appropriated by said circuit court, to pay for her safe keeping.

SEC. 2. Be it further enacted, That the circuit court aforesaid, shall settle once in every year, with the said agent or trustee, and that the said court have power, whenever they deem it proper, to remove such agent or trustee, and to appoint another, and that such agent or trustee so appointed, shall possess all the powers, and perform all the duties imposed by this act.

SEC. 3. Be it further enacted, That each agent or trustee thus appointed, shall enter into bond, with one or more securities, in such sum as said court shall direct, for the due and faithful discharge of the duties by this act imposed, for the annual settlement with said circuit court, and for paying over to any

future agent or trustee, all monies that may be in his hands belonging to said Fanny Hoy.

of trustee

SEC. 4. Be it further enacted, That the said cir- compensation cuit court, may make to such agent a reasonable allowance for his services, to be paid out of the mo nies arising from the sale of said land.

CHAP. CCXLIV.

AN ACT

Allowing an additional term to the Montgomery Circuit Court, for the trial of Chancery causes.

SEC, 1.

APPROVED, Jan. 25, 1811

E it enacted by the general assembly, When Brit That the circuit court of Montgomery may, and shall hold an additional term, to commence on the second Monday.in January in every year, and continue eighteen juridical days, unless the business shall be sooner completed.',

SEC. 2. Be it further enacted, That no grand-jury confined to jurisdiction shall be summoned at the said January term, nor the considera shall any pleas of the commonwealth, or any action tion of chanor motion, at common law, whatever, be tried; but cery cases the said term shall be, and is hereby exclusively appropriated to the trial of cases and matters in chan

cery.

Proceedings

SEC. 3. Be it further enacted, That all decrees and declared valid orders, whether interlocutory or final: made at the said January term, shall be as valid as if made at any

other term of said court; and that all proce ss Return of pro in chancery, which may now be sued out, and made cess returnable to any term of said court, or any day of such term, may be sued out and made returnable to the said January term, or any day thereof.

Court to exer

Sec. 4. Be it further enacted, That nothing in this cise chancery jurisdiction act, shall be construed to prevent the trial of any at the other cause in chancery, at any of the ordinary terms of terms

said court; but that the same may be taken up, and tried at any of said terms, as if this act had never been passed.

This act shall commence and be in force from and after the first day of May next.

CHAP. CCXLV.

AN ACT

Authorising the trustees of the Town of Mountsterling to levy an additional tax on the property of the said Town, for the purpose of sinking a Public Well.

APPROVED, Jan. 25, 1811.

SEC. 1. BE it enacted by the General Assembly of the commonwealth of Kentucky, That the trustees of the town of Mountsterling are hereby authorised and empowered, to levy an additional tax, to what is now allowed by law, on the real property in the bounds of said town, not exceeding two hundred dollars, for the purpose of sinking a public well, walling and putting a pump in the same: and the said additional tax shall be collected and accounted for, in the same manner that other taxes for said town, are now collected and accounted for.

CHAP. CCXLVI.

AN ACT

Altering the time of holding the Bourbon circuit courts.

BE

APPROVED, January 25, 1811.

Length of

Sec. 1.
E it enacted by the General Assembly, Months
of the commonwealth of Kentucky, That
hereafter the circuit court for the county of Bourbon,
shall be held on the second Mondays in May, August
and November, and sit eighteen juridical days, should
the business thereof require it.

term

cery term

SEC. 2. Be it further enacted, That the chancery Commence term for the said county, directed by law to be held ment of chan in the month of March, shall in each year after the March term 1811, commence on the second Monday in January, and continue in session eighteen days, should the business thereof require it.

duty of off

cers

process, &c.

not affected

SEC. 3. The officers of said courts are hereby required to perform their respective duties. No suit, writ, recognizance, process or. motion pending, or hereafter brought before said courts, shall be in any by the change wise affected; but the same shall be and remain as effectual and valid as if this act had not passed; ror shall any thing herein contained, be construed to alter the time of holding county courts in said county.

county court

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AN ACT

To amend an act authorising the erection of a Turnpike gate on the road leading from the mouth of Triplett's creek, and from Lewis' mill on Fox's creek, in Fleming County, to the mouth of Big Sandy river. APPROVED, January 25, 1811.

W

HEREAS an act passed at the last session of the general assembly, authorising the erection' of a Turnpike gate on the road leading from the mouth of Triplett's creek, and from Lewis' mill on Fox's creek in Fleming county, to the mouth of Big Sandy river, is found impracticable to be carried into execution-Therefore,

Sec. 1. Be it enacted by the general assembly of the Commonwealth of Kentucky, That the said recited act be, and the same is hereby repealed.

Sec. 2. Be it further enactea, That John M'Intire, James M. Graham. John Hunt, William P. Roper, John Gooding, John Jouitt and Thomas Iles, (or any four of them shall have the power of performing the requisitions of this act,) be appointed commissioners; whose duty it shall be, to let the roads from John M'Intire's near the mouth of Triplett, on Licking river-from Wheeler's mill on said river-and from Lewis' mill on Fox's creek, in Fleming county, to the mouth of Big Sandy, to a keeper or keepers, by first advertising four weeks previous to letting the same. in the public papers printed in Paris, and in the Kentucky Gazette in Lexington, of the time and place of letting the same: And the said commissioners shall let the said roads to the person or persons undertaking the same, for the shortest time, exposing it to public auction, subject to the regulations hereafter mentioned.

Sec. 3. Be it further enacted, That the said commissioners, shall take bond and sufficient security,

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