CHAP. 1267.-AN ACT for the benefit of the Sheriff of Marion county. WHEREAS, it is represented to the present General Assembly, that the Clerk of the Marion County Court, in the copy of the commissioner's book of revenue tax for said county, for the year eighteen hundred and thirty eight, charged the aggregate amount of the property listed by William F. and I. Scantland, at fifteen thousand dollars, when the aggregate amount listed with the commissioner was five thousand one hundred dollars, and the copy of the commissioner's book furnished to the Sheriff, contained said last named amount— therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Marion county, upon his settlement with the Auditor of Public Accounts, for the revenue tax of said county for the year eighteen hundred and thirty eight, shall receive a credit for the sum of nine dollars and ninety cents, being the excess charged to him on the property of said Seantlands; and also a credit for the sum of ninety five and a half cents, being the amount of his delinquent revenue list for said year, which he failed to return to the Auditor, in the time prescribed by law. Approved February 20, 1839. 1839 CHAP. 1268.-AN ACT for the benefit of John Weeks, late Sheriff of Caldwell county. WHEREAS, it is represented to the General Assembly, that John Weeks, late Sheriff of Caldwell county, owing to sickness, and other unavoidable causes, was unable to collect the whole of the county levies, the revenue taxes and militia fines, within the time prescribed by law, but that he has paid the same, and doubts arising whether he has authority to collect such balances for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said John Weeks, late Sheriff of Caldwell county, is hereby authorized to collect the balance of the county levies of said county, which he has failed to collect since the time of his appointment; also, to collect his fee-bills, revenue taxes and militia fines, according to the laws of this State; and that he be allowed the further time of twelve, months from and after the passage of this act, to collect the same; any law to the contrary notwithstanding. Approved February 20, 1839, 1839 CHAP. 1269.-AN ACT for the relief of the Sheriff of Caldwell county. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Caldwell county shall have until the first day of May next, to pay into the Treasury the balance of the revenue of said county, for the year eighteen hundred and thirty eight, upon the securities of said Sheriff agreeing, in the County Court of Caldwell county, on or before their next April term, to the indulgence given by this act; which consent shall be noted of record, by the Clerk of said court, and certified to the Auditor of Public Accounts. SEC. 2. That in case the said Sheriff, or any one for him, shall fail to pay into the Treasury the balance of the revenue aforesaid, on or before the first day of May next, then, and in that case, the Auditor of Public Accounts shall move against said Sheriff, and his securities, or either or any of them, in the General Court, at its ensuing term, on the third day thereof, without giving notice to all or any of them. Approved February 20, 1839. CHAP. 1270.-AN ACT for the benefit of John M. Emerson, and his securities, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John M. Emerson, late Sheriff of Cumberland county, and his securities, shall be and they are hereby released from the damages recovered against them, by the Commonwealth of Kentucky, at the August term, eighteen hundred and thirty eight, of the General Court, on his default in the payment of the revenue of said county, for the year eight een hundred and thirty six, upon their paying the amount of said default, as ascertained by the judgment of said court. Approved February 20, 1839. CHAP. 1271.-AN ACT for the benefit of Austin S. Tyler, Sheriff of Hickman county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of Public Accounts be, and he is hereby required to issue a warrant on the Treasury, in favor of Austin S. Tyler, Sheriff of Hickman county, for forty dol lars, sixty eight cents, the amount paid by him into the Treasury, by mistake, on account of the revenue tax for the year eighteen hundred and thirty eight; he being entitled to a credit for that sum, for exonerations, which were improperly certified by the court of said county, as delinquencies, and therefore not allowed by said Auditor, in the settlement of said Sheriff's ac-. count. Approved February 20, 1839. 1839 CHAP. 1272.-AN ACT for the benefit of the widow and heirs of Stephen SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the administrators and widow of Stephen Gilbert, deceased, to file their bill in chancery in the Spencer Circuit Court, making the heirs of the said deceased, defendants thereto; setting forth therein, that the personal estate, except the negroes, belonging to the estate of said deceased, is insufficient to pay his debts; and also to set out the amount of said personal estate, and the manner in which it has been disbursed, and the amount of debts remaining unpaid; and also set forth and show the quantity of the land that has descended to the widow and heirs of said deceased; and also to alledge that it will be to the advantage and interest of the widow and heirs, to reserve the negroes and sell the land that has descended, or so much thereof as will be sufficient to pay and satisfy the debts aforesaid. SEC. 2. That upon the return of process executed, said court shall appoint a guardian ad litem, for the infant heirs of said decedent, and also a commissioner, to state the accounts of said administrators, and to report the amount of the outstanding debts, and the value of the land proposed to be sold, and the situation of the other estate of said decedent; and if the Chancellor shall be of opinion that it would advance the interest of the heirs to reserve said slaves, and sell all or any part of the land aforesaid, for the purpose of payment of said debts, he may, and is hereby authorized to decree a sale thereof, on such terms and conditions as to said court seem just and equitable; and may appoint a commissioner to execute said decree, by a sale and conveyance of the said land, to the purchaser or purchasers: provided, that Eliza Ann Gilbert, the widow of the said decedent, shall file in the suit, before the decree shall be rendered, an executed release of her dower in the land aforesaid. Ad'mr. to SEC. 3. That said court, upon rendering such decree, shall require bond with approved security, or securities, from the administrators, in such penalty as said court may fix, with give bond. condition that they will well and truly apply the proceeds of the sale of said land to the payment of the outstanding debts 1839 Dower. of the said deceased; and make a full and true report thereof to said court. SEC. 4. That the widow of said deceased may be allowed, in lieu of her dower in the land, a reasonable compensation, out of the proceeds of the sale thereof. SEC. 5. That the court may render a decree for the sale aforesaid, at the first term after filing the said bill, and filing of answers and report aforesaid: provided, said court shall consider it necessary and prudent. Approved February 20, 1839. be called. CHAP. 1273.-AN ACT to amend an act, entitled, an act to incorporate the WHEREAS, it is represented to the present Legislature of Kentucky, that in February, eighteen hundred and thirty six, there was a charter obtained, under the style of the Lebanon and Marion Turnpike Road Company, and it is proposed to amend the charter to read as follows: Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the commissioners in Meeting of Lebanon and Marion Turnpike Road Company to call a stockholders to meeting of the subscribers of stock in said Company, whenever two hundred shares of stock shall have been subscribed, and choose a President and five Managers of said Company; and the number shall be reduced to a President and five Managers; and they shall have the right to make it a dirt turnpike, with the consent of the Board of Internal Improvement, and receive half toll, until they shall get a sufficient amount of stock subscribed to make the stone or artificial part thereof. May make a dirt turnpike. Approved February 20, 1839. Road may be closed up. CHAP. 1274.-AN ACT to close up the old road over Muldrow's Hill. SEC. 1. Be it enacted by the General Assembly of the Com monwealth of Kentucky, That the Board of Internal Improvement are hereby authorized to cause the old road from Daniel Singleton's, in Marion county, over Muldrow's Hill, to James Short's, in the valley of Pittman's creek, on the road leading from Lexington to Nashville, to be discontinued and closed up, and may cause any of their Engineers or other persons to. close up said road. SEC. 2. That after the Board of Internal Improvement shall have caused said old road to be closed up, it shall not be law. ful for any person or persons to travel the same, or open it again and any person guilty of a violation of the provisions of this act, shall be liable to a fine of not less than five, nor more than twenty dollars, recoverable before any Justice of the Peace, in the name of the Commonwealth of Kentucky, the one half of which the informer shall be entitled to; and on any judgment under this act, the Justice may may issue a casa or f. fa., as in other cases of fine. 1839 not to open a SEC. 3. That the County Courts of Green and Marion shall not have power to open any county road passing over said hill, County ct's. for the purpose of avoiding the turnpike gate on the turnpike road to avoid over Muldrow's Hill, within two miles of said gate, on either the toll gate. side thereof; or for any other purposes of public travel. Approved February 20, 1839. CHAP. 1275.-AN ACT for the benefit of Tabitha Hix. WHEREAS, it is represented to the present General Assembly of the Commonwealth of Kentucky, that Tabitha Hix is a poor person, residing in Pulaski county; that she is aged and helpless, so much so, as to be entirely incapable of labor; and that the County Court of said county refuse to provide for her support, except at the poor house of said county, to which place the said Tabitha is unwilling to be removed; but desires to remain with her friends and relations-for remedy whereof, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Pulaski county shall, and they are hereby required to provide for the support and maintenance of said Tabitha, a sum not less than fifty dollars annually, and such additional sum as may be necessary for her comfortable support and maintenance; and they shall allow her to be kept and provided for by her friends, who may be willing to undertake to keep her. SEC. 2. That the said court shall also, for the present year, make a like allowance for her support, to be paid out of the depositum of the county levy, if there shall be so much; if not, they shall cause it to be allowed and levied at the next court of claims for said county. Approved February 20, 1839. CHAP. 1276.-AN ACT to amend an act to incorporate the Hopkinsville and WHEREAS, it is represented to the present General Assembly, that the stock in the turnpike road from Hopkinsville to Clarks |