diction. the Ohio river to the northwest bank, at low water mark; § 2. The sovereign power and jurisdiction of the ComPower and juris- monwealth of Kentucky extends to and over the entire soil and water within the limits described in the preceding section, except so far as she may have ceded jurisdiction to the United States for national purposes. Counties border ing on the Ohio and Mississippi. § 3. Each county in this Commonwealth, whose boundary is described in part by the Mississippi and Ohio rivers, shall be considered as bounded in that particular by the State line; and the islands thereof shall be within the respective counties holding the main land opposite thereto, within this State; and the several counties and tribunals thereof shall hold and exercise jurisdiction accordingly. (Approved Feb. 11, 1820.) An Act to fix and determine the boundary line between the States of Indiana and Kentucky above and near Evansville. WHEREAS, Difficulty has arisen between the owners of land in Indiana and Kentucky in regard to the boundary line between said States, and difficulty involves the title to large tracts of land, at or near the line, between Green River Island and the State of Indiana; therefore, 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Gov ernor of the State be, and he is hereby, empowered and directed to select a commissioner, who shall be a resident of Kentucky, and a practical surveyor, who shall act with a similar person selected by the Governor of the State of Indiana; and such persons so selected shall make a survey of the line dividing said States, beginning at the head of the island known as Green River Island, opposite, or nearly so, from the mouth of Green river; running thence in a direc tion down the Ohio river to the lower end of said island, upon a line dividing said island and the State of Kentucky from the State of Indiana. Said commissioners shall consult the surveys originally made by the United States Government, if there be more than one, and they be not inconsistent with each other, and said commissioners shall be governed in running said line by such survey or surveys made by the Government of the United States. Within ten days after such survey, said commissioners shall reduce said survey to writing, causing the metes and bounds and landmarks to be particularly described, and sign the same and acknowledge the same before any officer authorized to take acknowledgments of deeds, and duplicates of such written statements of survey, signed and acknowledged by the commissioners, shall be filed in the office of the clerk of the Henderson county court, in the auditor's office of Vanderburgh and Warrick counties, Indiana; and such written statement, or a copy duly certified by the clerk, of the said Henderson county court, shall be conclusive evidence of the said line dividing said island, so called, from said State of Indiana, in any of the courts of this State. CHAPTER 9. CATTLE, HORSES, AND DOGS. When and how Unaltered Horse to be Gelded-Mischievous Bulls, how dealt § 1. If any unaltered horse or jackass over one year old is permitted by its owner to run at large outside of his inclosure, such horse or jackass may be taken up and confined by any person; and if the owner be known, notice in writing. of such confinement shall be given him, whose duty it shall be forthwith to take such horse or jackass into his possession, and pay to the taker-up two dollars. If such horse or jackass be not called for by the owner, allowing him twentyfive miles for each day he may necessarily have to travel after the service of such notice, the taker-up, at the expiration of the time, shall take the said horse or jackass before a justice of the peace within the district where he resides, who shall, upon the proof of the facts, order said horse or jackass to be gelded by some one skilled in the art. § 2. The fee for gelding shall be one dollar. The taker- Fees, &c. up, besides the fee for gelding, shall be allowed two dollars for his trouble, and twenty cents per day for each day he may keep the horse or jackass, to be paid by the owner, and may retain the possession and have a lien thereon till paid. If the horse or jackass dies or escapes, the owner shall nevertheless be liable for the expenses. ings had when owner not known § 3. When the owner of such horse or jackass is unknown What proceedto the taker-up, and so verified by his oath, he shall take the same before a justice of the peace within his district, who shall cause the horse or jackass to be appraised and dealt with as an estray, except that a notice in writing of the description of the horse or jackass, and residence of the taker-up, shall be posted up at the door of the court-house, and at one or more public places in the county; and if the horse or jackass be not called for by the owner, and his prop 2. The commissioner to be appointed under this act shall report to the Governor, in writing, the result of the survey, together with a plat of the same; and when said survey shall have been completed, the commissioner shall file his account with the Governor, and when the same shall be examined and approved by him, the Auditor of Public Accounts is hereby authorized to draw his warrant on the Treasury for said amount in favor of the commissioner appointed: Provided, however, Said amount shall not exceed the sum of two hundred and fifty dollars. 3. This act shall take effect and be in force from its passage. GEN. STAT.-12 Approved April 21, 1873. Bulls. Distempered cat tle-penalty for suffering to run at large. respect of. erty proved, as required in the case of other estrays, within two weeks, the taker-up shall again take the horse or jackass before the justice of the peace, who shall cause him to be gelded, as provided in the first section of this chapter. The taker-up shall be allowed two dollars for his trouble, and all reasonable charges paid; and if the horse or jackass be not proven and taken by the owner, he shall, after one year, become the absolute property of the taker-up. The owner may, at any time within three years, by proving his property, recover the valuation of said horse or jackass. § 4. If bulls known to be mischievous and breachy are permitted by their owners to run at large outside of their inclosures, they may be taken up and proceeded with, and altered, as provided in cases of horses or jackasses in the preceding article; and the liability of the owners shall be the same. § 5. If the owner of any distempered cattle shall permit them to run at large outside of his inclosure, or shall drive the same into or through any part of this Commonwealth, unless it be from one portion of his own inclosure to another, he shall forfeit and pay the sum of ten dollars for each head; and when any such cattle shall die, the owner thereof shall cause them to be burned or buried; and if he fail, he shall be fined five dollars for each offense. § 6. If a justice of the peace be informed, by affidavit, Duty of justice in that the owner of such cattle as are described in the preceding section has violated its provisions, it shall be his duty to issue his order, in the name of the Commonwealth, to such owner, commanding him to impound them; and if he fail or refuse to do so, or permit them to escape, or to be taken from the pound before the disease has been removed, he shall have power to order the cattle to be killed and burned at the expense of the owner. $7. A justice of the peace, on proof that any dog is mad, Dogs, sheep-kill- or has been bitten by a mad dog, or has killed or wounded any sheep, shall order such dog to be killed. ing and mad. Penalty for concealing. Fees of constable, &c. § 8. If the owner of any dog so ordered to be killed shall conceal him, or order him to be concealed, or prevent the execution of such order, he shall forfeit five dollars to the Commonwealth for every day said dog shall be concealed or prevented from being killed. § 9. The constable or other person who may execute the order of any justice, as described in the fifth, sixth, and seventh sections of this chapter, shall be paid by the owner of such cattle or dog the following fees: for killing and burying a horse, jackass, jennet, or mule, three dollars; other cattle, two dollars for each head; and for killing a dog, one dollar; and if he fail or refuse to execute the order, he shall forfeit and pay an amount equal to the fees allowed in each case. § 10. Every person owning, having, or keeping any dog, shall be liable to the party injured for all damages done by such dog: Provided, No recovery shall be had in case the person injured is, at the time, upon the premises of the owner of the dog after night, or engaged in some unlawful act in the day-time; and it shall be lawful for any person to kill, or cause to be killed, any dog which he may find roaming at large on his premises without the presence of the owner or keeper of such dog; and it shall be further lawful for any person, at any time, to kill, or cause to be killed, any dog which may be or may have been found killing, worrying, or injuring any cattle outside of the inclosures of the owner of the dog. S. A. 1865, 16; S. A. 1872, 47. er for damages. CHAPTER 10. CAUSES OF ACTION WHICH SURVIVE. Rights of action. § 1. No right of action for personal injury, or injury to 1R. S., 223. real or personal estate, shall cease or die with the person injuring or the person injured, except actions for assault and battery, slander, criminal conversation, and so much of the action for malicious prosecution as is intended to recover for the personal injury; but for any injury other than those excepted, an action may be brought or revived by the personal representative, or against the personal representative, heir, or devisee, in the same manner as causes of action founded on contract. CAVEAT. For the entire series of laws on the subject of caveat, vide Civil Code. 1 R. S., 226. Contracts-what void. when void. CHAPTER II. CHAMPERTY AND MAINTENANCE. What Contracts Void-Adverse Possession. § 1. All contracts, agreements, and conveyances made in consideration of the services to be rendered in the prosecution or defense, or the aiding in the prosecution or defense, in or out of court, of any suit by any person not a party on record in such suit, whereby the thing sued for or in controversy, or any part thereof, is to be taken, paid, or received by such person for his services or assistance, shall be null and void. (a) § 2. All sales or conveyances, including those made under Lands, sale of, execution, of any lands, or the pretended right or title to the same, of which any other person, at the time of such sale, contract, or conveyance, has adverse possession, shall be null and void. Nothing in this section shall render void Title subjected in a devise of land in adverse possession. A petition in equity possession held by a judgment creditor, after a return of execution of no property found, may be filed to subject the title of the defendant to any real estate to which he may have title, legal or equitable, though the same may be in the adverse possession of another, to which procedure the person in possession shall be made a defendant. equity, though adversely. A contract forfeits § 3. All contracts to prosecute a suit for the recovery of champertous any lands in the adverse possession of another, for the whole the title-when. or part of the land thus possessed, or for the whole or any part of the profits thereof, shall be null and void; and the parties to such contract shall forfeit all right, interest, or claim in or to the land claimed under such pretended right or title; also, all right to maintain any suit at law or in equity, upon such pretended right or title; and such right, title, or claim shall vest in the Commonwealth, and inure to the benefit of the person in possession, without office found.(6) (a) The first section of this chapter applies to attorneys at law, as well as to other persons. (Davis vs. Sharron, 15 B. M., 68.) (b) If at the time of a sale or conveyance of land, or of any pretended right or title thereto, some other person has adverse possession, the sale or conveyance is absolutely null. (Kinsolving vs. Pierce, 18 B. M., 784.) 2. A widow cannot sell her right of dower in lands, held by her husband's alienee, unless he hold subject to her dower. (Idem.) 3. The provision in respect of adverse holding does not apply when the Auditor releases by deed the State's title to land escheated. (White vs. White, 2 Metcalfe, 192.) |