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ARTICLE V.

account of fees for services.

Claims for expenditures in Criminal Prosecutions, and of the

Sergeant of the State, Tipstaff, and Janitor.

§ 1. To the sergeant of the State, for each day he attends Sergeant. the sessions of the Court of Appeals, three dollars; to the

tipstaff for his services, three dollars; and to the janitor three dollars per day, payable monthly.

§ 2. Each of the officers shall keep an account of all fees Officers to knep for services rendered by him for the Commonwealth, in judi

cial proceedings, which he shall verify by his oath, and exhibit the same to the court in relation to the business of which the services were rendered, which, if approved by the court, shall be paid out of the public Treasury.

$ 3. The claims designated in the second, third, fourth, Certain claims, and fifth articles of this chapter are to be paid only when be .

the same shall be approved, allowed, and certified by the court in relation to the business of which the services were rendered, or for the use and benefit of which the articles were procured.

ARTICLE VI.

Claims Miscellaneous.

torneys.

§ 1. The amount, not exceeding five dollars per day, Allowance to at- allowed and certified by the court to an attorney, for taking

depositions when required by the Auditor, in a case in which the Commonwealth is a party; also, the legal costs of said suit, when certified by the court in which it is pending or has been decided.

§ 2. Postage may be paid under the provisions of the first Postage to Audit- article in this chapter, upon communications by mail to or

from the Auditor, upon public business connected with his official duties. Upon official communications to or from the Adjutant General, from a major or brigadier general, or packages inclosing militia commissions.

1. Upon letters or packages sent to or from the QuarterMaster General upon the business and duties of his office.

2. Letters and packages to or from the Secretary of State Secretary of State

or the Governor upon public business. Postage to Super

3. Letters and packages to and from the Superintendent of Common Schools upon official business.

Quarter Master
General,

or Governor.

intendent of Commnon Schools.

nished to Adju

Master Generals.

provost.

4. Each of the aforesaid officers shall keep an accurate account of the postage paid or due upon the official business of their respective offices, and verify the same by their affidavit, which shall authorize the Governor to issue his requisition to the Auditor for his warrant upon the Treasury.

$ 3. The Adjutant and Quarter Master General, when there Offices to be furare no offices furnished by the government, may each rent tant and Quarteroffices, the same to be paid upon the certificate of the Governor.

$ 4. The judge advocate of any general or brigade divis- Judge advocate ion court-martial, convened for the trial of militia officers for neglect of duty, disobedience of orders, or ungentlemanly conduct, shall be paid two dollars per day for each day he attends upon the session of said court. The provost of such court, for the like services, shall be paid one dollar; and to each witness summoned on the part of the prosecution, the same compensation as witnesses in other cases. The above claims to be allowed by the court, and certified by its president, before paid at the Treasury.

S 5. A brigade inspector shall be paid one dollar and fifty Brigade inspector cents for each day he attends upon a regimental muster. His account for services shall, at the end of the year, be produced to the Governor, accompanied by the certificate of the general of brigade that the services were well performed; and if approved by the Governor, shall be the authority to the Auditor to issue a warrant for the amount.

$ 6. To the committee of an idiot, by order of a circuit Committee of an court, for his support for a year, a sum not exceeding seventy-five dollars.

$ 7. The per diem of members of the General Assembly Per diem of memshall be five dollars for each day's attendance on the same, Assembly. and fifteen cents per mile for necessary travel to and from the sessions of their respective Houses.

$ 8. In lieu of stationery, there shall be allowed to each s. A. 1869. member of the General Assembly (including the Lieutenant Allowance in lieu Governor) the sums following: to each Senator the sum of thirty-five dollars, and to each Representative the sum of twenty dollars, and for which sums the Auditor shall draw his warrant on the Treasurer in favor of such Senators and Representatives at the beginning of each session of the General Assembly, to be paid out of any money in the Treasury

idiot.

bers of General

.

not otherwise appropriated: Provided, however, That tive dollars additional shall be allowed to each chairman of the several coinmittees of the two Houses.

CHAPTER 16.

CLERKS.

Art. 1. Vath, bond, and duties as to records, papers, &r

2. Clerks of Inferior Courts.

ARTICLE I.

Oath, bond, and duties as to records, papers, &c.

§ 1. Every clerk of a court and deputy, in addition to IR S., 246. the oaths prescribed by the Constitution, shall, in the presOaths.

ence of the court, before entering on the duties of his office, take the following oath: I, A B, do swear that I will well and truly discharge the duties of the office of accord

An Act to amend the law in relation to porters for the public offices. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the porter employed by the Quarter Master General for his office shall also act as porter for the Adjutant General and Register of the Land Office.

2 2. The Governor shall hereafter be authorized to employ a porter for the Executive Office and Office of the Secretary of State, to be paid for his services such amount as the Governor may deem reasonable.

8 3. All acts in conflict with this act are hereby repealed. § 4. This act shall take effect from its passage.

Approved February 5, 1873. An Act authorizing rewards for killing wolves, red fores, grey foxes, and wiid cats. 81. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That every person who shall kill a wolf, red fox, grey fox, or wild cat, within this State, shall be paid out of the public Treasury, for each wolf, $2, and each red fox, $1, and each grey fox, $i, and each wild cat, $1.

& 2. Before the amount allowed for killing a wolf, red fox, grey fox, or wild cat, shall be paid, the person killing the same shall produce the head before the clerk of the county court in which the same was killed, who shall administer to him the following oath or affirmation : "You do solemnly swear that the head now produced by you is the head of a wolf, red fox, grey fox, or wild cat, which you have killed in this State, and that you did not take said wolf, red fox, grey fox, or wild cat, in any other State, and bring the same into this State; that you did not breed and raise the same, nor was it done by another, to your knowledge or belief, and kill the same for the purpose of obtaining the reward for killing wolves, red foxes, grey foxes, and wild cats; that you will truly state the time and county in which said animal was killed."

& 3. The clerk shall issue to such person, by name, a certificate stating the facts, and that he has taken the oath required by law. The clerk shall forthwith destroy the head.

8 4. Upon the production of such certificate to the circuit court of the same county, if it shall, in the opinion of the court, be in due form, the amount which such person is entitled to receive from the Treasury shall be certified by the said court, or the allowance thereof be certified by said clerk to the Auditor, and the Auditor shall draw his warrant on the Treasury in favor of the person entitled thereto.

8 5. Any clerk who shall make a false or fraudulent certificate shall be fined not less than 3100. Such clerk shall be paid by the person entitled to said reward twenty-five cents for each certificate. 26. This act shall take effect from its passage.

Approved February 13, 1873.

ing to the best of my skill and judgment, making due entries and records of all orders, judgments, decrees, opinions, and proceedings of the court, and carefully filing and preserving, in my office, all books and papers which shall be delivered me in charge, or otherwise come to my hands or possession by virtue of my said office; and that I will not, wittingly or willingly, commit any malfeasance of office, and will faithfully execute the duties of said office, without favor, affection, or partiality. So help me God. The fact that such oath has been administered shall be entered on the record of the court.

§ 2. Every clerk, before he enters on the duties of his Covenant. office, shall execute covenant to the Commonwealth, with good surety, approved by the court, in substance as follows: We, A B, clerk of — and C D and EF, his sureties, do hereby covenant and agree with the Commonwealth of Kentucky that the said A B will faithfully discharge all and every duty of said office, and pay over in due time to the proper person any money received by him as clerk. Given under our hands this

day of 1. The covenant shall be entered on the records of the To be recorded, court.

2. A copy shall be transmitted by each clerk within one Transmitted month to the Auditor of Public Accounts, to be by him recorded and preserved.

3. Clerks shall renew their covenants every two years, or Renewed when oftener, if required by the court.

4. Any person aggrieved may, as relator, institute suit on Remedies on. such covenant.

5. It shall not be satisfied until every person aggrieved Satisfied, when has been recompensed. § 3. Upon the resignation, removal from office, or the Duty to deliver

books, &c., to expiration of the term of office of a clerk, he shall, imme- successor. diately upon application, deliver to his successor, or such other person as the court may order, all books, records, and other papers belonging to his office. Any clerk who shall fail herein shall forfeit and pay one thousand dollars, and be imprisoned from one to twelve months.

$ 4. He shall keep in his office a book, in which he shall S. A. 1860, 112. record every execution, and the return of the sheriff thereon, officer's return to the same to be in full whenever it shall appear by said return that any real estate, or any interest therein, hath been

to

Auditor.

not.

Executions and

be recorded.

sold by virtue thereof; and for this service he shall be allowed Receipts for re- fifty cents. In case any person shall redeem land sold under demption of land, what to be done execution, and shall lodge the receipt of the purchaser with

the clerk, to be filed with the execution under which the sale was made, it shall be the duty of the clerk to record such receipt in the book above named, and for which he is allowed to charge twenty-five cents. Copies from said book, properly attested by the clerk, shall be evidence in all the courts of this Commonwealth.

$ 5. He shall keep in his office a book, in which he shall Executions, duty enter the names of the plaintiffs and defendants of every of clerk in respect execution which may issue therefrom; showing the amount

thereof; from what period the same bears interest; to what credits the same may be entitled; the amount of cost embraced therein; the return day thereof; to whom delivered and when returned; as also the return of the officer thereon.

$ 6. No clerk of an inferior court shall permit the records Papers, &c., of or papers of his office to be removed or taken out of the

county in which his office is kept, except in case of invasion or insurrection, or in obedience to a summons or order of court, and then he shall cause the same to be returned so soon as the necessity for such removal shall cease to exist.

office, not to be removed.

IR. S., 249.
Duties of

ARTICLE II.

Clerks of Inferior Courts. § 1. The clerk of every inferior court shall keep a docket of all causes pending in his court.

1. Each civil cause shall be docketed in the succession in Docketing causes which it is brought.

2. Chancery and other civil causes shall be docketed sepaEquity and civil, separately. rately.

3. As many common law, penal, or criminal cases only as How many for each day. can probably be tried shall be set for any one day.

4. Criminal and penal prosecutions are to be placed first What placed first on the docket in the succession in which they are filed in his

office.

$ 2. The proceedings of each day shall be drawn up by Proceedings to be the clerk from his minutes in a plain, legible manner, which, drawn up each day,,, read, and after being corrected as ordered by the court, and read in an

audible voice, shall be signed by the presiding judge.

1. Any clerk offending herein shall be fined five hundred Penalty for fail

dollars.

ure herein.

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