1825. may hereafter become due against said estate, on such terms and in such mode as he may consider most conducive to the interest of the personal and real representatives of said decedent, and direct the proceeds of such sale to be paid over to the said administrator, on his acknowledging in open court, a bond with approved security, in the penalty of at least double the amount of sale, payable to the aforesaid heirs, with a condition that he will faithfully apply to the payment of said debts, the whole amount so paid over to him; which bond shall be filed and made a part of the records of said court, for the security of said heirs. Sec. 2. It shall be the duty of the Judge of said court, A guardian ad on the application of the said heirs, to appoint a guarlitem to be ap- dian ad litem for each of them, for the purpose of enapointed for bling him to execute the power vested in him by the each heir. foregoing section, whose duty it shall be, in the event of any portion of said estate being sold by decree of said court, to make a legal title thereto to the purchaser or purchasers, by deed with general warranty, in the name and behalf of the aforesaid heirs; which deed or deeds, shall vest the absolute legal title to the property thereby conveyed, in the conveyee or conveyees, free from any claims of said heirs, forever. Preamble. of certain And whereas William M'Dowell and his two sons, William S. M'Dowell and Samuel I. M'Dowell, have all died leaving real estate and infant representatives, and not sufficient personal estate to pay their respective debts, and William H. Rochester has become the personal representative of said decedents, and together with the guardians of the said infants, has applied to the Legislature for permission to dispose of the real es tate for the payment of debts: Therefore, Sec. 3. Be it further enacted, That the circuit court Circuit court for Warren county shall be authorized, on the joint peof Warren may tition of the aforesaid personal and real representadecree the sale tives of the aforesaid decedents, to decrce the sale of so much of their respective real estates, as it shall deem necessary and proper, under the same regulations as are prescribed in the first and second sections of this act. (Approved, January 12, 1825.) lands. CHAP. 195.-An ACT to amend the several acts in relation to of Morgan to appoint com lawful for the county court of Morgan county, a ma- 1825. jority of all the justices of said court being present, to appoint four commissioners, whose duty it shall be to County court view and mark the nearest and best way for a road from Beaver creek iron-works, in Bath county, by Edmund missioners to Wells' mill on Licking river, in Morgan county, to view and ark Prestonsburg, in Floyd county; and said commission- a way for said ers shail, before they proceed to discharge the duties road to run. required of them by this act, make oath before some justice of the peace of Morgan county, that they will faithfully and impartially discharge the duties requir ed of them by this act; and the said commissioners shall Commissioners make a report of their proceedings, to the county court to report to of Morgan county, as soon as they shall have discharg. said court on ed their duty as commissioners as aforesaid. oath, &c. Sec. 2. Be it further enacted, That the managers ap Managers of pointed by an act entitled "an act to authorise a lotte- lottery to give гу for opening a road from Beaver creek iron-works to bond, &c. Prestonsburg, and for other purposess," approved December the 29th, 1823, shall, in the county court of Morgan county, give bond and security, as is required by the act approved December the 2d, 1822, relative to said lottery; and said managers, together with their clerk or clerks, shall, before they proceed to the discharge of their respective duties, take an oath before some justice of the peace of Morgan county, faithfully and impartially to discharge the duties required of them according to law. [Approved, January 12, 1825. CHAP. 196.-An ACT to further regulate the pay of the Sheriffs for comparing polls for Governor and Lieutenant-Governor. SEC. 1. BE it enacted by the General Assembly of the Allowed same Commonwealth of Kentucky, That hereafter the sheriffs compensation of the several counties within this Commonwealth shall as for comparing votes for be entitled to the same mileage and compensation for Congressmen. comparing polls for Governor and Lieutenant-Governor, as is now allowed by law for comparing polls for representatives to Congress, and to be drawn in the same manner. Sec. 2. That the Auditor of public accounts be, and Auditor's duty. he is hereby directed, upon the application of the sheriffs of the several counties within this Commonwealth, to issue his warrant upon the Treasurer, for such sum as. is provided for by the first section of this act. 1825. grees. CHAP. 197.-An ACT supplementary to an act entitled "an act to WHEREAS doubts exist whether the institution has Be it enacted by the General Assembly of the CommonMay confer de wealth of Kentucky, That the said institution have power to confer such degrees and literary honors upon the pupils of the College, as the managers thereof think them entitled to, from the rectitude of their conduct and their advancement in learning. Preamble. [Approved, January 12, 1825.] CHAP. 198.-An ACT for the benefit of Jonathan Taylor. WHEREAS it is represented to the present General Assembly, that Jonathan Taylor, on the 7th day of April 1784, made an entry upon the waters of Miller's creek, in the now county of Estill, of two thousand two hundred and twenty acres, upon a treasury warrant No. 14,181; that the same was surveyed in due time, but the plat and certificate of survey, through the ncgligence of the agent of the said Taylor, never was returned to the Register's office: For remedy whereof, Be it enacted by the General Assembly of the CommonAuthorised to wealth of Kentucky, That it shall and may be lawful for return plat and said Taylor to return to the Register's office the plat certificate, and and certificate of survey of said entry, and that a patpatent to issue. ent issue thereupon: Provided, however, that no adverse claim to the land within the bounds of said survey, or any part thereof, shall be in any way affected by the passage of this act. [Approved, January 12, 1825.] Preamble. CHAP. 199,-An ACT for the benefit of the heirs of George Cham blin, deceased. WHEREAS it is represented to the General Assembly, that George Chamblin died seized and possessed of about three hundred and fifty acres of land, which he left to be divided between his heirs, consisting of nine children; and whereas three of the said children have, since the death of their said ancestor, and also since a division was made of said land, departed this life, leav ing their respective portions or lots of land in separate parcels; so that when divided amongst the remaining six heirs, it would render the said portion of but little value to any of them: Wherefore, 1825. thorised to de Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Bourbon circuit court is hereby authorised and empowered, upon the petition of Bourbon cir said heirs to that effect, (the adults by themselves, and cuit court authe infants by their guardians,) to decree a sale of that cree a sale of part or parcel of said tract of land, which the said sur- their real esviving heirs may be entitled to by descent or by devise, tate. under such restrictions as may be necessary to protect the interest of said heirs; and that said court is authorised to appoint a commissioner or commissioners to sell and convey said land, and to divide the proceeds of such sale amongst the several heirs. [Approved, January 12, 1825.] CHAP. 200.-An ACT for the benefit of John Alexander. WHEREAS, it is represented to the present General Preamble. Assembly, that John Dunlap, James Dunlap, George Keitly, William Orr and Michael Hillegas, on the 8th day of October 1783, entered into articles of copartnership, for entering one hundred and thirty-five thousand acres of land, in the then State of Virginia, upon warrants purchased by them; that James Dunlap, Keitly and Orr, were, by the agreement, to come to the western country, and make the entries; that they proceeded down the Ohio, and made the entries for one hundred and thirty-one thousand acres of land, in the now counties of Hardin, Breckinridge, Grayson, Meade and Hart; that the same was afterwards carried into grant in the name of John Dunlap and Michael Hillegas, two of the partners, who were naturalized, the others being aliens-one patent, bearing date the 4th day of February 1798, for ninety-eight thousand acres, another of the same date, for twenty-eight thousand, and another for five thousand acres; that William Orr, by the agreement, was entitled to thirty thousand acres of the land, when secured; that some time in the year 1800, Orr, by his agent and attorney in fact, sold and convey ed unto Alexander Fulton, the land being previously divided by commissioners appointed for that purpose under the act of 1797; that said Fulton, in the year 1803, sold and conveyed the whole tract to John Alexander; that doubts are entertained, whether, as William Orr was an alien at the time, the purchaser acquired any title, legal or equitable: For remedy whereof 1825. Claim of the to certain land relinquished. Converance declared valid. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That any claim the Commonwealth may have to said tracts of land, to wit, one of ninety-. eight thousand, one of twenty-eight thousand, and one other of five thousand acres, by reason of William Orr's being an alien at the time he made sale thereof, shall be, and the same is hereby relinquished to John Alexander, who now holds the claim of William Orr, and that he may hold, usc and enjoy, sue for, alien and convey the same, in the manner, and under the same rules and regulations as if William Orr had been, at the time of the sale, a natural born citizen: Provided, however, that nothing in this act contained shall be construed to affect the rights of others, except so far as to put the said John Alexander upon the footing he would have occupied, if William Orr had been a natural born citi zen. [Approved, January 12, 1825.] CHAP. 201.-An ACT to alter the time of holding the County Court of Nelson. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the county court of Nelson county shall commence their monthly terms on the second Monday of each month, any law to the contrary notwithstanding. [Approved, January 12, 1825.J CHAP. 202,-An ACT to amend an act entitled "an act to author ise a Lottery for the purpose of draining the Ponds in the Town of Louisville, and adjoining thereto." SEC. 1. BE it enacted by the General Assembly of the Part of former Commonwealth of Kentucky, That the first and third sec act repealed. tions of the act entitled "an act to authorise a lottery for the purpose of draining the ponds in the town of Louisville, and adjoining thereto," approved December 7th, 1822, be, and the same are hereby repealed. Managers ap pointed, and their duties. Sec. 2. Be it further enacted, That it shall and may be lawful for Nicholas Berthoud, Robert Todd, Isaac Miller, Benjamin Lawrence, and Isaac Thom, or a majority of them, to raise by way of lottery, in one or more classes, as to them may seem most convenient and nex cessary, any sum not exceeding forty thousand dollars, to be appropriated by them, or a majority of them, in draining or causing to be drained all those ponds of |