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by a permanent stone wall as high as high water mark, in a line with the face of the abutment of the permanent bridge and the wall of Thomas Long, and upon the top of the said wall there shall be a permanent and secure railing; and said street shall be called and known by the name of "Water Street ;" and the trustees shall have the same power to prevent or remove nuisances from said street as they have in other streets in said

town.

Recital.

CHAP. CCXXXVII.

An ACT for the benefit of the widow and heirs of
George Adams, deceased,

APPROVED January 30, 1818. WHEREAS it is representented to the present general assembly that George Adams, late of Lexington, departed this life intestate, leaving a widow and two children of tender years, and that the widow has intermarried with a certain Abraham Venable, who have since jointly been appointed guardians of said infants; that the said Adams died seized of a lot of ground in Lexington, with several buildings thereon, some of which are much decayed, and the estate not sufficient to rebuild or repair them; and that the said estate is so situated that a just and equitable division thereof cannot be had between the widow and children: Therefore,

ST. Be it enacted by the General Assembly of Commission- the Commonwealth of Kentucky, That it shall ers to be ap- and may be lawful for the county court of Faypointed. ette, and it is hereby made their duty, at their

next April or May terms of said court, to appoint three or more fit persons as commissioners, Their duty. whose duty it shall be to proceed and sell the lot of ground and buildings, in such parts or parcels as they may think will produce the largest sum of money, having previously given notice by advertisement at least two months of the time and place of such sale; and that the commissioners be authorised to sell the same on such credit as

they may think most advisable, and to take bond with good and sufficient security for the purchase money; and when due to collect and pay over the same to the said guardians,

§ 2. Be it further enacted, That the said guar

dians shall not be authorised to receive the mo- Guardians to ney aforesaid until they shall have first entered give bond. into and acknowledged a bond in the county court of Fayette, made payable to the commonwealth of Kentucky, for the benefit of said heirs, in a penalty double the amount of the sum for which said property was sold, with good and sufficient security, conditioned to pay over to said infants upon their arrival at the age of 21 years, each, one third of the money for which said property was sold, with legal interest from the date of said bond; and also to secure to said infants the reversion of the remaining one third assigned to said widow as her dower, at her death to be equally divided between them, or to the survivor in case of the death of either; which bond may be put in suit in the name of the commonwealth of Kentucky for the benefit of said infants, as in other

cases.

CHAP. CCXXXVIII,

An ACT for the benefit of the widow and heirs of
Sandford Carroll, deceased.

APPROVED January 30, 1818.

WHEREAS it is represented to the present Recital. general assembly that Sandford Carroll, died possessed of a certain lot of ground containing two acres, adjoining the town of Maysville, in the county of Mason, and known by lot No. 19, as laid down in Bullock's plat, and that it would conduce to the benefit of his heirs to dispose of the same Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Jane Carroll, to sell a lot, Empowered widow of the said Sandford Carroll, dec'd. be, and she is hereby authorised to sell and convey

the said two acres of ground, and to apply the proceeds thereof for the benefit of said estate.

Recital.

the treasury.

CHAP. CCXXXIX.

An ACT for the benefit of Elijah Coombs.

APPROVED January 30, 1818.

WHEREAS it is represented to this general assembly that some time in the year 1816 Isaac Callehan and James Bigley were confined in the jail of Clay County upon a charge of murder that the said Callehan and Bigley broke and escaped from said jail and were going at large, and that Elijah Coombs apprehended the said fugitives about 60 miles distant from the jail aforesaid; and that the said fugitives had numerous connections living in the direction to said jail from where they were apprehended, who it was believed would rescue them if practicable. In consequence of which circumstances the said Coombs was advised to procure a guard sufficient to force their way to the jail with said fugitives; and that he did procure about twenty men to assist him; that he was induced to believe that the county court of Clay would pay the persons he employed, and that said Coombs so informed those he employed; that the said county court. refused making any appropriations for that purpose, and the said Coombs has been compelled to pay said persons out of his own money to the amount of two hundred dollars: Therefore,

Be it enacted by the General Assembly of the Allowed 200 Commonwealth of Kentucky, That the Auditor of dollars, to be Public Accounts be, and he is hereby authorised paid out of to issue his warrant on the treasurer of this commonwealth in favor of said Coombs for the aforesaid sum of two hundred dollars; which sum the treasurer is hereby directed to pay out of any money in the treasury not otherwise appro priated.

CHAP. CCXL.

An ACT for the benefit of Elizabeth Martin and
Betsey Cromea: s.

APPROVED January 30, 1818. WHEREAS it is represented to the present general assembly, that Elizabeth Martin, the widow of Nathaniel Martin, deceased, is left with six small children who are minors, and also a son who hath been a cripple from his youth, and that she is extremely poor and in distressed circumstances, and wholly unable to support herself and children; and whereas Betsey Cromeans, the widow of John Cromeans, is left with two small children and in indigence and distress: Therefore,

Recital.

re

mitted to E.

1. Be it enacted by the General Assembly of State price the Commonwealth of Kentucky, That so much of on 119 acres the state price as still remains unpaid on certifi- of land cate No. 119, for one hundred and twenty-eight Martin. acres of head-right land, in Cumberland county, granted to Nathaniel Martin, be, and the same is remitted to the widow and heirs of the said Nathaniel; and the register of the land-office is hereRegister by directed to issue to the widow and heirs of the issue a grant.. said Nathaniel a patent for the said one hundred and twenty-eight acres of land; but the said grant shall not be so construed as to give to the said heirs a preference to any prior claim which may exist: Provided, that the said Elizabeth shall under said patent have possession of and enjoy said land during her life.

to

State price remitted

ta

2. And be it further enacted, That the balance of the state price of eighty-two acres of headright land, granted to John Cromeans by certi- B. Cromeans, ficate No. 920, in the county aforesaid, be, and the same is hereby remitted to the widow and heirs of the said John; and the register of the land-office is hereby directed to issue to the wi- Grant te is dow and heirs of said John a patent for the same; but the said grant shall not give to the widow and heirs of the said John any preference to any better or prior claim which may exist: Proided, however, that the said Betsey Cromeans

sue.

shall have possession of and enjoy said land during her life.

Recital.

CHAP. CCXLI.

An ACT providing for a change of venue in the case of Newitt Pennington and William M’Donald.

APPROVED January 31, 1818.1

WHEREAS it is represented to the present general assembly, that Newitt Pennington and William M'Donald stand indicted in the Cumberland circuit court for felony, and that owing to the undue influence of the prosecutor over the people of Cumberland, and the undue prejudice existing there, they cannot have a fair and impartial trial in said circuit court: For remedy. whereof,

§ 1. Be it enacted by the General Assembly of May elect to the Commonwealth of Kentucky, That at the next be tried in sitting of the circuit court held in and for Cumanother court berland county, the said Newitt Pennington and

lection is

William M'Donald, upon appearing in court to answer said indictment, may, and they are hereby authorised and allowed to make their election whether they will be tried in the Adair circuit. court or not; and if they, or either of them, should not elect to be tried in the Adair circuit court, the Cumberland circuit court shall proceed to try them, or either of them, in the same manner as if this act had not passed.

§ 2. Be it further enacted, That if the said When the e- Newitt Pennington and William M'Donald, or made to be either of them, shall, when the question is put to recorded. them by the judge of the circuit court of Cumberland, elect to be tried in the circuit court of Adair county, the court shall have their electiou entered of record, and the clerk of the Cumberland circuit court shall make a certified copy of all the ́orders to be sent with the indictment, and other papers belonging to the prosecution, to the clerk of the Adair circuit court, in the manner hereinafter directed. Upon the election of the prison

Copies of record to be made out and sent.

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