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An Act for the benefit of Morrison W. Smith, and others. 1840 254 (1840.12)

handle is hein.slavery/ssactsky0365 and id is 1 raw text is: LAWS OF KENTUCKY. 1841 fill such vacancy; and the person filling such vacancy shall continue in office as hereinbefore provided. SEC. 29. That all other acts, and parts of acts, as far as they Repealing come within the purview of this act, shall be, and are hereby, clause, repealed: Provided, That all former laws and acts in regard to said town, shall continue and be in force, until a quorum of of the Trustees aforesaid shall be duly elected and qualified, under and by this act. Approved, February 18, 1841. CHAPTER 363. AN ACT for the benefit of Morrison W. Smith, and others. WIEREAS, it is represented to the present General Asses- bly, that Morrison W. Smith has been regularly found a lu- natic, by inquisition of a jury, and that Joseph J. Collier and Massina T. Smith were appointed his Committee; that he is a confirmed lunatic, and now in the Lunatic Asylum; that he has a wife and one child, quite an infant; that he owns a tract of about 170 acres of land, lying in the county of Har- rison, worth about the sum of seven thousand dollars; that he owns no personal estate, of any value, except one negro man; that he is indebted near or quite the sum of five thousand dol- lars; and that it will be necessary to sell his land to pay his debts ; that if sold by his creditors it will sacrifice his land ; and that it will redound to the interest of his estate to have said land sold-therefore, SEC. 1. Be it enacted by the General Assembly of the Com- May file a monwealth qf Kentucky, That it shall be lawful for Joseph J. petition for sale Collier and Massina Smith, Committee for Morrison W. Smith, of real estate, a lunatic, to file their petition in Chancery, in the Harrison Circuit Court, against the wife and child of said Morrison W. Smith, alleging the facts in the foregoing preamble contained. And if the Court shall be of opinion that it will be to the in- terest of said Morrison W. Smith, and wife, and child, that the aforesaid tract of land, in the preamble mentioned, should be sold, the Judge of said court is hereby authorized to order and decree a sale of said land, upon such terms as shall seem to him best calculated to promote the interest of said lunatic, and his wife, and child. SEC. 2. That it shall be the duty of the Judge of the Cir- Commission- cuit Court aforesaid, before he shall enter up a decree for said erstogive bond sale, to require of the Commissioner or Commissioners ap- with conditions pointed to make the sale, bond, with good security, in a suffi- cient penalty, conditioned well and truly to apply the pro- ceeds of said sale to the payment of the debts of the said Morrison W. Smith, and the balance, if any, to the use of the said Morrison W. Smith, his wife, and child; which bond shall be executed to the Commonwealth of Kentucky: and 254

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