office of the county court of Muhlenburg, which, though just and equitable, was not according to law. 1825, Be it therefore enacted by the General Assembly of the Plan of town as Commonwealth of Kentucky, That the plan of the town heretofore of Lewisburg, as made out by the proprietors thereof, made out, deand now of record in the clerk's office of the county court aforesaid, be as valid, to all intents and purposes, as if the same had been made out and recorded by the trustees aforesaid, and that their plan of said town be read as evidence in all courts of record in this Commonwealth. [Approved, January 12, 1825.] CHAP. 187.-An ACT to provide for taking the deposition of Clerks in certain cases, WHEREAS it is represented to this General Assembly, Preamble. that much inconvenience is experienced in obtaining the evidence of clerks of the courts of this Commonwealth, by many of the courts sitting at or near the same time: For remedy whereof, out of the county, in cases at Be it enacted by the General Assembly of the Common- May be taken wealth of Kentucky, That it shall be lawful to take the where they live deposition of the clerk of any court in this Commonwealth, residing out of the county in which the deposi- common law. tion is intended to be used, to be read as evidence in any suit at common law now depending, or which may hereafter be commenced, or before any justice of the peace of this Commonwealth: Provided, that a reasonable notice shall be given to the plaintiff or plaintiffs, or Proviso. defendant or defendants, as the case may be, of the time and place of taking such deposition. [Approved, January 12, 1825.] CHAP. 188.-An ACT for the benefit of the heirs of Jacob Stucker, deceased. WHEREAS it is represented to the present General Preamble, Assembly, that Jacob Stucker died possessed of about thirty acres of land, in the county of Scott, which he left to be divided among his heirs, consisting of eleven in number: Wherefore, Be it enacted by the General Assembly of the Common- Circuit court wealth of Kentucky, That the Scott circuit court is here- of Scott may by authorized and empowered, upon the petition of said decree a sale of heirs to that effect, (the infants by their guardian,) to &c. decree a sale of said tract of land, under such restric a tract of land, 1825. tions as may be necessary to protect the interest of said Preamblé. Auditor to is sue warrant, and to whom, CHAP. 189. An ACT for the benefit of Abraham Wood and others. WHEREAS it is represented to this General Assembly, that Abraham Wood, John F. Napier and Joseph F. Napier, have, at considerable expence and trouble, delivered to the Keeper of the Kentucky Penitentiary, three convicts who escaped from that institution on the morning of the fifteenth of November last, namely, Benjamin B. Harris, Sharon Mosslander and William Pulasky; and it further appears, that the Keeper has not the means wherewith to pay the expences of apprehending and delivering said fugitives: Wherefore, Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Auditor of public accounts be, and he is hereby authorized and directed to issue his warrant on the Treasury for the sum of thirty-six dollars seventy-five cents, being the amount of said expences, to the said Abraham Wood, John F. Napier and Joseph F. Napier, for delivering said convicts to the Keeper of the Penitentiary. Sec. 2. Be it further enacted, That the above sum of thirty-six dollars seventy-five cents, and also five hundred dollars, authorized by a law of this session to be drawn from the Treasury, for the support of the convicts in the Kentucky Penitentiary, be, and the same is hereby retained out of the first money hereafter paid into the Treasury by the Agent of the Penitentiary; and the Auditor of public accounts shall credit the Treasury with said sums of money, and withdraw the same from the Penitentiary fund, as though this act and the act herein alluded to, had never passed. [Approved, January 12, 1925.] CHAP. 190.--An ACT to amend an act approved December 29th, 1823, entitled "an act to amend the law in relation to the turnpike and wilderness road," and for other purposes. SEC. 1. BE it enacted by the General Assembly of the Part of the act Commonwealth of Kentucky, That so much of the act onof 1823, repeal- titled "an act to amend the law in relation to the turnpike and wilderness road," approved December 29th, ed. 1823, as exempts all persons residing within two miles. of the said turnpike and wilderness road, in Knox and Harlan counties, from working on any other public. road, and requires such persons to work on the said turnpike and wilderness road, four days in each year, be, and the same is hereby repealed. 1825. and Harlan. Sec. 2. That all and every person subject to work on Who shall public roads, and who may reside within one quarter of work on said a mile of the said turnpike and wilderness road, shall road, in Knox hereafter be compelled to work thercon four days in each year, in the manner now prescribed, and subject to the rules, regulations and penalties now provided by law for working on public roads: Provided, however, no person shall be compelled to work on said road for a greater distance than five miles from his place of residence, and shall be exempt from working on any other public road. Sec. 3. That all the hands living on that part of the In Rockcastle. road that leads through Rockcastle county, shall be subject to work on said road four days in each year, except those that are bound to work on the turnpike road that leads to the Goose creek salt-works; and the said hands shall be subject to fines as all other hands are, in like cases. the bed of. Sec. 4. That the manager of the said road, who may Road to be resuperintend that part of the road leading through Rock- moved out of castle county, shall move the road out of the bed of Roundstone Roundstone creek, and run it above high water mark, creek. and draw upon the turnpike keeper in the same way and manner as is provided for on that part of the Madison new road, that leads around the big hill. appointed, &c. Sec. 5. That the county courts of Madison, Knox and Managers of Rockcastle, shall appoint managers to do all the duties said road to be as they were before, and to oversee and work the same themselves, without the expence of the overseer, as provided by the law now in force. Sec. 6. That should the different courts appoint any A settlement of other manager or managers than the present ones, accounts to be they shall have power to call upon all or any of the had, if new managers be former managers and gate-keeper, to settle with them, chosen. and draw from each of them any money that should remain in their hands belonging to the turnpike gate on said road, and collect the same by suit or otherwise. Sec. 7. That this law shall be in force only two years, This act, when so far as compels the citizens living on said road, to to expire in work on the same. Sec. 8. Be it further enacted, That it shall be the du ty of the keeper of the said turnpike gate, to keep a part. 1825. Duty of the keeper of turnpike gate. separate account of the different kinds of money that he may receive from persons passing through the same, and pay over to the commissioners of said road, the same kind of money that he receives as aforesaid, in proportion to what they are severally entitled to re ceive. Sec. 9. And be it further enacted, That the gate-keepPart of the mo- er shall, and he is hereby directed to keep a true and ney received at accurate account, of all the money he may receive the gate, to be paid to county from persons wagoning salt from General Hugh White's Court of Clay. newly erected salt-works, on the left hand fork of Goose Further time to return plats and certificates of surveys. Preamble. Surveyor's -fees. creek, and the one half of all such money he shall pay over to the county court of Clay, or their order, and by them shall be laid out to the best possible advantage, in repairing and keeping in order the new road, leading from Flat Lick to the works above mentioned. (Approved, January 12, 1825.) GHAF. 191.-An ACT appointing additional Trustees to the Somerset Academy. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That Peter W. Clark and Fountain T. Fox, be and they are hereby added to and incorpo rated with the present trustees of the Somerset Academy, who shall, in common with the present trustees, possess the same powers and authorities over and concerning said institution, in every respect, as is possessed by the present trustees. (Approved, January 12, 1825.) GHAP. 192.-An ACT to amend an act for surveying the military lands west of the Tennessee river. SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That until the first day of June, 1826, be allowed to the claimants to return the plats and certificates of surveys upon the entries made upon military warrants, before the first day of May, 1792, west of the Tennessee river, any law to the contrary. notwithstanding. And whereas a mistake was made in the third section of the above mentioned act, in relation to the surveyor's fees: For remedy whereof, Sec. 2. Be it further enacted, That the said surveyor shall be allowed for every original survey by him plainly bounded as the law directs, and for a plat of said survey, upon the delivery thereof, where the survey shall not exceed four hundred acres, the sum of five dollars, and for every survey which shall contain more than four hundred acres, five dollars for the first four hundred acres, and at the rate of fifty cents for every one hundred acres contained in such survey. [Approved, January 12, 1825.] 1825. CHAP. 193.-An ACT to authorize the insertion of certain adver tisements in the Constitutionalist, printed in Versailles. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful to insert and publish in the Constitutionalist, printed in the town of Versailles, any advertisements which are authorized by law to be published in any newspaper in this State, except such advertisements as are required by law to be published in the paper of the public printer; and the editors of said paper shall be governed by the same rules, and entitled to the same fees as other printers in this Commonwealth. [Approved, January 12, 1825.] CHAP. 194. An ACT for the benefit of the heirs of Joseph Ray and William M'Dowell, William S. M'Dowell and Samuel I. M'Dowell. WHEREAS it is represented that Joseph Ray, of Preamble. Washington county, departed this life possessed of a large real estate in the said county of Washington, leaving Nicholas Ray, who has administered on his estate, and several children who are infants, and not leaving assets sufficient for the payment of all his debts, in consequence whereof, it is apprehended that said real estate will be subjected to great loss, and perhaps eventual ruin, unless provision be made by law for the application of it to the payment of said debts, without coercive sale by execution: Wherefore, may decree a Sec. 1. Be it enacted by the General Assembly of the Circuit court Commonwealth of Kentucky, That the circuit court of of Washington Washington county, sitting in chaucery, shall have pow- sale of properer, on the joint application of the administrator of the ty, &c. estate of the said Joseph Ray, deceased, and of his heirs, by their guardian ad litem, (to be appointed as herein after directed,) to decree the sale of thirty acres of land, including the mill thereon, lying in the county of Washington, for the payment of debts due and which |