e employ § 4. A majority of said trustees shall have To power to engage and employ a competent num- teachers, &c. ber of professors and tutors to the said academy, to fix their salaries and the salary of their clerk, as also the terms of tuition; and on the misconduct of any tutor, professor or student, they shall possess the power to dismiss or expel such tutor, professor or student from said academy. CHAP. CCLII. An ACT for the benefit of Polly Conway. APPROVED January 31, 1818. WHEREAS it is represented to this general Recital. Be it therefore enacted by the General Assembly Divorced CHAP. CCLIII. An ACT to amend an act entitled "an act to alter APPROVED January 31, 1818. appoint a com 1. Be it enacted by the General Assembly of County court the Commonwealth of Kentucky, That when the of Pulaski to county court of Pulaski county shall hereafter missioner of appoint commissioners to take lists of taxable tax in the part property, they shall appoint a fit person a comtaken from missioner, who shall live within that bounds that Wayne. His duty. was taken from Wayne county and added to Pulaski by said recited act, who shall, if necessary, attend at the dwelling-houses of all persons living in said bounds, who by law are subjects of taxation, and shall take a list of all the taxable property within said bounds; and the commissioner so appointed shall in all cases be governed by the laws and regulations that commissioners now are, except what this act otherwise directs. 2. Be it further enacted, That the county County court court of Wayne county may in the same manner of Wayne to appoint a commissioner to take in a list of taxaappoint a com missioner for ble property in that bounds that was taken from the territory Pulaski county and added to Wayne by said retaken from cited act, who shall be governed by the same laws Pulaski. and regulations as the commissioner designated in the first section of this act. Preamble. CHAP. CCLIV. An ACT for the benefit of the widow and heirs of APPROVED January 31, 1818. WHEREAS it is represented to this legislature that Morgan Bryan died seized of a small tract of land lying in the county of Henry, containing about one hundred and twenty acres, and that the widow and heirs are desirous that the whole of the said tract should be sold and the proceeds thereof appropriated to their use: For remedy whereof, 1. Be it enacted by the General Assembly of Comm'rs. ap- the Commonwealth of Kentucky, That John Samupointed to ell and Samuel Jones Dawsan be, and they are hereby appointed commissioners, who may dispose of the said tract of land of which the said Morgan Bryan died seized, on such credit as they sell land. may think proper, not exceeding twelve months, taking bond and approved security of the purchaser or purchasers, for securing payment of the purchase money. § 2. Be it further enacted, That the said com- Comm'rs. to missioners, before they enter upon the duties of give bond. their office, shall enter into bond with approved security, in the county court of Henry, in the penalty of five thousand dollars, conditioned for the true performance of the duties herein enjoined; which bond shall be made payable to the commonwealth of Kentucky, and filed in the office of the county court clerk of Henry county. Upon which any person aggrieved may sue and recover against the said commissioners any damages he, she or they may have sustained by reason of a breach of the conditions thereof. To make §3. Be it further enacted, That the said com- To advertise missioners shall give public notice in some author- sale. ised newspaper printed in this commonwealth, and at the court-house door of Henry, at least four weeks previous to their making any sale under this act; and upon making any such sale, and having received from the purchaser the purchase money, the said commissioners shall execute a deeds. deed or deeds, as the case may be, to the purchaser or purchasers, conveying all the right and title of the said widow and heirs in and to the premises, covenanting therein on the part of the widow and heirs, to refund to the purchaser or purchasers the principal sum expended in the purchase, with legal interest from the time it was paid, in case the land should be recovered of such purchasers by a prior or better claim. §4. Be it further enacted, That so soon as the said commissioners shall have received the amount for which the said land was sold, they shall pay over to the heirs of full age their several proportions of the proceeds, and to the widow for herself and such of the heirs as are infants, their proportion, taking bond and security from each, conditioned to refund their due proportion of the money arising out of the sale aforesaid towards the discharge of any demand that may now exist against the said estate; which boud shall be made To pay over the proceeds of sale. payable to the commonwealth of Kentucky, and filed in the office of the [county] court of Henry county, for the benefit of all persons aggrieved. § 5. Be it further enacted, That the said comComm'rs. al- missioners shall be allowed the sum of three dollowance for lars per day for each day they may be engaged in the discharge of the duties herein required. their services Widow to give bond. Proviso. Proviso. § 6. Be it further enacted, That before the widow of the said Morgan Bryan, dec'd. shall be permitted to receive any part of the money that may arise out of the sale aforesaid, she shall enter into bond with approved security, in the county court of Henry, in a penalty of at least double the sum that she may be entitled to receive in right of her dower, conditioned for the faithful payment of any such sum of money after her death, to the person or persons who may be entitled thereto; which bond shall be made payable to the commonwealth of Kentucky, and filed in the clerk's office of the said court, for the use and benefit of the heirs and representatives of the said Morgan Bryan, deceased: Provided, the commissioners shall not sell the dower lands of the said widow unless she shall first enter her consent on record in the county court of Henry; and provided also, that if the said commissioners, or either of them, should fail or refuse to act, the county court of Henry may appoint others upon the application of the said widow and heirs from time to time, as such vacancies may accrue, who shall possess and may exercise the powers granted to the commissioners appointed by this act, subject to the same restrictions and regulations. CHAP. CCLV. An ACT to declare Rough Creek and Nolin Creek navigable streams. APPROVED January 31, 1818. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act Rough creek be considered a navigable stream and public highway, from its mouth, in Ohio county, up as high as Sebastian's mill, in Grayson county, and Nolin creek from its mouth to Coombs' mill on said creek. CHAP. CCLVI. An ACT authorising the sale of part of the real estate of Nathaniel Drake, deceased. APPROVED January 31, 1818. WHEREAS it is represented to the general assembly of the commonwealth of Kentucky, by the petition of Archibald Logan and Peggy Drake, who were appointed to administer upon the estate of Nathaniel Drake, deceased, that the said Drake died leaving his said estate.greatly involved in debt, much more than what his personal property, which has principally been. sold for that purpose, is sufficient to discharge; and that it would be to the advantage of the infant heirs that so much of the real estate of said Drake as will be sufficient to satisfy the balance of the demands against said estate should be disposed of: Therefore, Preamble. to tate, to pay debts, &c. § 1. Be it enacted by the General Assembly of Comm'r. apthe Commonwealth of Kentucky, That Spencer pointed Curd be, and he is hereby appointed a comnis- sell and consioner with full powers to sell at public sale, giv- vey real esing notice of at least one month of the time and place of sale, by advertisement to be set up at the door of the court-house of Jessamine county, .so much of the real estate of said Nathaniel Drake, dec'd. as may be sufficient to satisfy all the just demands against the said estate; and convey to the purchaser or purchasers thereof the right and title which has, or may vest in the heirs and representatives of said Drake. thereof, § 2. Be it further enacted, That the said com- To give bond missioner before he enters upon the discharge of and security, the duties prescribed by this act, shall, in the and condition Logan county court, enter into bond, in the penalty of five thousand dollars, with two or more securities, to be approved of by said court, with |