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An Act to amend the laws concerning the emancipation of slaves. 1840 41 (1840.8)

handle is hein.slavery/ssactsky0358 and id is 1 raw text is: LAWS OF KENTUCKY. a 41 it shall be, after first being duly sworn or qualified, before some 1841 Justice of the Peace of Meade county, to review and mark out said road; and if it shall appear to said Commissioners, that by making Garnettsville a point in said road, it would be to the advantage of the public and individuals generally, and not increase the length of said road, and place the same on as good ground, they are hereby empowered to make Garnetts- ville a point in said road ; and so much of said act as appoint- ed Robert Grayham, Alley Withers, and Josiah Watts, of Meade county, and Burr H. Crutcher, of the county of Breck- inridge, Commissioners, be, and the same is hereby, repealed, and the Commissioners shall receive the same pay per diem as in the original bill, to be paid by the County Court of Meade. Approved, February 10, 1841. CHAPTER 257. AN ACT to amend the laws concerning the emancination of slaves. WHEREAS the rights of creditors are not sufficiently pro- tected, in regard to slaves emancipated by last will and testa- ment, by the laws now in force-therefore, SEc. i. Be it enacted by the General Assembly of the Com. Made equit. monwealth of Kentucky, That slaves emancipated by last will able assets. and testament, shall be equitable assets, in the hands of the personal representative of the testator, for the payment of debts. SEc. 2. Be it further enacted, That no certificate of free- When and dom shall be issued to any slave, so emancipated, except by how certificate f Of freedom to the assent of the personal representative, or in pursuance of issue. a decree in chancery, and no such assent shall be given, or decree made, unless it shall appear that the estate of the tes- tator is sufficient for the payment of debts. SEc. 3. Be iifurther enacted, That no sale shall be made No sale of of any such emancipated slave, except by a decree of a proper an emancipa- court of chancery, upon a bill filed by the personal representa- ted slve to be made unless tive, or by a creditor of the testator, to which such slave or necessary to slaves shall be made parties; and no decree for sale shall be pay debts. ordered, unless it shall be made appear that all the other es- tate of the testator, of every kind, is insufficient for the pay- ment of his debts: all other sales, except as herein directed, shall be void: provided that the Chancellor shall not decree an absolute sale, if a sale or hire for a term of years will be sufficient to pay debts. SEC. 4. Be it further enacted, That it shall be the duty of Asent of the personal representative to assent to the emancipation of personal repre- such slave, as soon as he is satisfied that there is estate of the aentative to be testator sufficient for the payment of his debts; and, until he n-when & is so satisfied, he shall take the possession and control of said slaves, and hire them out; and such hire shall become the pro. 6

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