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An Act for the benefit of the estate of Leonard Hamilton, deceased. 1838 138 (1838)

handle is hein.slavery/ssactsky0323 and id is 1 raw text is: LAWS OF KENTUCKY. 1839 CHAP. 1180.-AN ACT for the benefit of the estate of Leonard Hamilton, de- ceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the administrators of Athorizlg Leonard Hamilton, deceased, to file a bill in the proper court, a sale of land to pay debts. against the heirs of the said Hamilton, and set out the assets belonging to the estate, and the demands against the estate, and the land and slaves which descended to the heirs, and al- ledge that the assets are not sufficient to pay the debts, without resort to the land or slaves, and that it would be to the inter- est of the heirs to sell the land and keep the slaves ; and after service of process, and answer, the court may refer the case to commissioners, to state and settle the accounts of the adminis- trators, and to report the outstanding claims against the es- tate, and the value of the land and slaves, and the annual rent of the land, and hire of the slaves; and whether it will be ne- cessary to sell either the land or slaves, to pay the debts ; and, if either, which would be most to their interest to retain; and the court may, at the first term after the coming in of said re- port, decree a sale and conveyance of the land, if necessary for the payment of the debts, if it shall appear to be the inter- est of the heirs to keep the slaves, and sell the land; or they may decree a sale of the slaves, or so many as will be required to pay the debts. The court shall cause the proceeds to be ap- plied to the payment of the debts; and if the land be sold, and a surplus remain, they shall cause the remainder to be paid to, the guardian of the heirs, and have good security taken, to account and pay over the same; and may make such other or- ders and decrees, as the facts of the case may require. Approved February 8, 1839. CHAP. 1181.-AN ACT further regulatiDi fhe duties of Clerks ol'Circuit Courti. Be it enacted by the General Assembly of the Commonwealth To endorse of Kentucky, That it shall be the duty of the Clerks of the proceedings in General, Circuit, Chancery and other Courts in this Common- suits, wealth, without delay, in suits now pending, and all suits here- after to be commenced, promptly and regularly to endorse on an inner envelope, protected from wear and tear by an outer envelope, and filed with the papers of the cause ; the day of filing the bill, declaration, or notice of motion, with the names of the complainant or plaintiff, and of defendant or defendants, the teste of every subpcena and other process issued, the re- turn-day thereof, the parties named therein, the return of such process, and the persons on whom the same is served, and the

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