in the penalty of five thousand dollars, payable to Penalty the commonwealth of Kentucky, for the due and faithful performance of putting the said roads, inter- condition secting the state road at its present fork, in good repair for horses, waggons and carriages to pass; and to make and keep up, during the time he or they keeps the same, all necessary bridges and causeways; and dig down the hill sides, where said roads go on sideling ground, so as that the water shall run on the upper side, and keep said roads in good repair for the time he or they keeps the same. a Seec. 4. Be it further enacted, That the person or Keeper may persons, undertaking the said roads, shall have the erect a gate privilege of erecting a turnpike gate, on any part of said roads, he or they may think proper, so as not where to be within ten miles of the little Sandy salt-works. And for the purpose of procuring land on which to procure erect the same, the said person or persons undertaking the same, shall, after making a selection of place to erect said gate, apply to the county court of the county wherein the same is situate, who shall have power to summon all parties interested, and issue a writ of ad quod damnum, to ascertain the value of said.land-and who may condemn any quantity quantit of land, not exceeding twenty acres, as they may think necessary; which damages shall be defrayed by said keeper, or keepers; and shall at the expiration of said contract; be vested in the commonwealth. Sec. 5. The keeper or keepers, shall be entitled to demand and receive, the rates and toll as follows : For each person, For every horse, mare, or mule, two wheels, 6 1-4 cents. 6 1-4 cents. with] 25 cents. For every carriage or waggon," with four wheels, For every head of neat cattle, For every head of hogs, 50 cents. 3 cents. 1 cent. Tolls Every post-rider, express and their horse-every Persons child under ten years of age-every woman residing: empt within ten miles of said gate--every person packing salt from Little Sandy salt-works, and their horses, or mules, shall be exempted from toll. Every horse Ꮮ ex T. Penalty for tions Period at which the or horses, necessarily attached and harnessed to a carriage, and two persons to each carriage, shall be privileged for the conveyance of each carriage: And if any person shall forcibly pass, or attempt to pass, certain viola the said turnpike, without paying the toll aforesaid, or avoid or attempt to avoid it, he or they shall forfeit and pay ten dollars; which may be recovered before any justice of the peace in this commonwealth. Sec. 6. The person or persons undertaking to put said roads in repair, shall have the same done, on or road shall be before the first day of November, 1812; and shall Įspaired not receive toll from any person or persons whatever, until he shall procure from the commissioners aforesaid, a certificate of the said roads being in sufficient repair, as in the opinion of said commissioners, to entitle him or them to toll; and which certificate may be granted at any time previous, to said first day of November, 1812. Breepers bond to be return ed to court How recove ry had Jacancies Sec. 7. Be it further enacted, That the bond required by this act, to be taken from the keeper or keepers, of said roads, shall be returned by the said commissioners, to the clerk of the circuit court of Fleming; and in case of failure to comply with the conditions thereof, the same proceedings are hereby authorised to be had thereon in said court, as are allowed by law to be had against defaulting public debtors. Sec. 8. Be it further enacted, That upon the resig.. Court to fill nation or death, of any of the said commissioners, the same being made known to the court of the county, wherein said commissioner resides, the said court shall appoint some person residing in the same county compensation who shall be vested with the same powers, as of commissio given to the commissioners by this act; and they shall be allowed one dollar and fifty cents each per day, for their services, to be paid by the keeper or undertaker, of said roads and turnpike. ners Commission ers when to moot . are SEC. 9. Be it further enacted, That the said commissioners shall meet at the house of Joshua Knapp, at the forks of said road, on the first day of March next, or as soon thereafter as convenient. CHAP. CCXLVIII AN ACT To amend an act entitled "An act to reduce into one the several acts for the conveyance and division of lands," passed in 1797. APPROVED, JAN. 26, 1811. Sec. 1. BE it enacted by the General Assembly, When execù to act, comm That when the executors named in any tors may or will heretofore executed, or hereafter executed, have have declined declined, or may decline the executorship, and such issioners ap. will authorises the executors, or any of them, to pointed to make conveyance of the lands of the testator, or any convey land of them, sold by the testator, that it shall be lawful for the county court of the county where the land sold lies, upon being satisfied of the payment of the consideration, to appoint, on the application of any person entitled to a conveyance, under said will, three commissioners; who, or any two of them, shall. make conveyance of the land sold to the person entitled thereto, pursuant to the contract; which shall be as effectual as if the conveyance had been made by the testator in his life time. And it shall be the Contract duty of the county court, to cause the contract upon be recorded which the conveyance is to be made, to be filed in the office, and recorded at the time the commissioners are appointed for the purpose aforesaid. SEC: 2. Be it further enacted, That henceforth when any person having a title to any real estate of inheritance, shall die intestate, as to such estate, and the same shall descend and pass in parcenary, to the heirs of the said intestate, unincumbered by claim of dower, "that the county court of the county where the intestate may die, or where the estate so descen ded, or any part thereof, lies, may, on the application of the said heirs, or any one of them, appoint three fit persons commissioners, to make partition of all to When real es tate descends in parcenary to heirs, com missioners to be appointed to make par tition ers to take oath their duty Commission the real estate so descended, amongst the said par ceners; and thereupon the said commissioners, being first duly sworn before some justice of the peace, faithfully to perform said duty, shall proceed with all convenient dispatch, to lay off by metes and bounds, or in any other proper manner, the proportion of each parcener according to right and justice, and make report of their proceedings in the premises to such court; and if no exception is sustained to the said report, the said commissioners shall be empowered by such court, to convey to each parcener in fee simple, the land or lands allotted to such parcener in said report; and such partition and convey. ance, shall be as valid and effectual as if the same had been made in any manner now authorised by law: Provided nevertheless, that if any such parcener be an infant, the application for partition shall be made by the guardian; and if a feme covert, by her husband: And provided further, that no application for partition shall be granted, unless it appears by affidavit, produced to the court, that the applicant has given reasonable written notice, to every other person or persons interested in said partition, of the intended application; and it shall be sufficient where an in fant is concerned, to notify the guardian; and where a feme cevert is concerned, to notify the husband. Proviso for infants and femes covert Sec. 3. That when such estate, as is mentioned Regulations where such e in the preceding section, shall descend in parcenary state is incum to the heirs of an intestate incumbered by dower bered by dow claim, that, as well the residue of such estate, af Slaves may be divided ter assignment of dower, as the estate so assigned for dower, after the determination thereof, shall and may be partitioned and conveyed, according to the provisions of said section; and such partition and conveyance shall be in every respect, subject to the same rules and regulations, and be attended with the same effect, as a partition and conveyance made by virtue of the said preceding section. SEC. 4. Be it further enacted, That slaves may be divided amongst the heirs of an intestate, pursuant to the provisions of the preceding sections, as far as they may be applicable, the party or parties administering on the estate of the intestate, consenting thereto. not to affect SEC. 5. And be it further enacted; That nothing herein contained, shall be construed to repeal any advancements law now in force, on the subject of advancements made by the intestate, in his life time, to any person or persons claiming or receiving the benefit of this act. on of a court SEC. 6. And be it further enacted, That any par- Partition sub tition or division, made by virtue of this act, shall ject to revisi be subject to the control and revision of a court of of equity equity, where fraud has been practised in obtaining the same, or where the partition is unjust, or where any parcener or other person, affected by such partition or division, may lose his portion of the estate, or any part thereof, in consequence of the defect of the title. Commission ers' pay Sec. 7. Be it further enacted, That every commissioner, acting by virtue of this act, shall receive one dollar per day for every days service in the premises, to be paid in the first instance by the applicant for the partition, who shall be entitled to receive from the other parceners concerned, their proportion of such expence, if the partition is established. SEC. 9. And be it further enacted, That when two joint tenants, or more persons are joint tenants, or tenants in com- &c. partitionmon of land, and the said tenants are part residents ed, and how and part non-resident, that partition may, on the application of either of them, be made between them, pursuant to the third section of the act, entitled "an act to reduce into one the several acts for the conveyance and division of lands," passed in 1797, any thing in this act to the contrary notwithstanding. : CHAP. CCXLIX. AN ACT. Prefixing three additional days (for the trial of APPROVED, Jan. 26th, 1811. Sec. 1. B E it enacted by the general assembly |