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be kept.

2. He shall keep his office within two hundred yards of Office, where to the court-house, and for every twenty-four hours he fails to do so he shall be fined ten dollars.

§ 3. He shall, in all actions or motions now pending, or which may be hereafter instituted, promptly and regularly indorse on an inner envelope, to be filed with the papers of the cause, the day of filing the procedure, with the names of each plaintiff and defendant, the list of every subpœna and other process issued, the return day thereof, the parties named therein, the return of such process, and the persons on whom the same is served, and the date and substance of each order made and step taken in the cause.

pers, &c., in a

Duty as to pacause.

1. He shall receive as compensation for the services named s. A. 1871, 71. in this section ten cents for indorsing the steps in each civil Compensation. case, at each term of court.

ure.

2. All his fees shall be void in each cause in which he Fees void for failfails to render the above required services at the proper time, and in a proper manner.

3. He may administer oaths in or out of court touching any matter in which an oath may be legally administered.

§ 4. He shall, upon the written application of the attorney for the Commonwealth in vacation, issue subpoenas for witnesses to appear before the grand jury of his county at the next ensuing term of the circuit court.

Oaths may be administered by in or out of court.

open.

4. He must keep his office open, free, and accessible, at Office to be kept all reasonable times, except the Sabbath day, to every person having a right or claim to business therein, under the penalty of five dollars for each failure.

Duty as to sub

nesses before a

pœnas for witgrand jury.

§ 5. He shall certify and affix the seal of his office to Soldiers' claims. soldiers' claims on the government for services rendered, or to any power of attorney or other writing concerning the same, without any fee or charge therefor.

ance, mileage,

§ 6. He shall keep a book in which he shall enter the Witness's attend names of each witness who attends the trial of any case in &c. court upon legal summons, the number of days he attends, the number of ferries he necessarily has to cross, and of tollgates he has to pass through, with the distance he has to travel, if he resides out of the county, or more than ten miles from the court-house, and on whose behalf he was summoned.

to be deliv

1. He shall, on request, deliver to each witness a copy of A copy of each such claim, stating the amount he is entitled to.

ered.

2. He shall, at the termination of every suit, tax on some

taxed.

Costs, when to be paper filed with the record thereof, in words at length, the costs of each party, which shall be subject to the supervision and correction of the court.

§ 7. If any clerk of the county court shall, without reasonable excuse therefor, fail to discharge the duties required dictment, when. of him by law in respect of the copying the tax-books of

S. A. 1861.

Liability to in

his county, he shall be liable to be fined, upon indictment, not less than one hundred nor more than one thousand dollars.

Liability for fail missioners' books

ure to return.com

to Auditor.

§ 8. Any clerk who shall fail, without reasonable excuse, to return the commissioners' books to the Auditor of Public Accounts, in the manner and at the time required by law, when notified of such failure by the Auditor, shall be subject to a fine of not less than one hundred nor more than five hundred dollars, to be recovered, upon indictment of the grand jury of his county, or of the county of Franklin, the circuit court of which last named county shall have jurisdiction for the trial of such indictment.

§ 9. The circuit clerk shall, immediately after the fall term

Duty in respect of each court every year, report to the Auditor of Public

report number of suits, &c.

Accounts a full statement of the whole number of suits brought in the court the preceding year, verified by oath, designating therein whether the same was in chancery, common law, a criminal prosecution, or for a misdemeanor; the accuracy of which statement the judge of the court shall ascertain and certify.

§ 10. The oath required in this chapter may be adminis

By whom oath tered by the judge of the county, and the official bond may

to be administer

ceeding in respect

thereof.

ed & official bond be executed before and attested by him, to whom is given

taken, and pro

authority to approve or reject the sureties offered, and whose duty it shall be to return to the circuit court, at its next ensuing term, a certificate of the oath administered, and accompanied by the bond which he hath taken; whereupon the judge of the circuit shall pass upon the sufficiency of said bond. If he approve, the bond shall be by his order entered on the order-book; and if he reject, the clerk shall, before the expiration of that term of court, execute a satis factory bond, or incur the penalties of the law for his failure. § 11. Any failure of a clerk to discharge the duties im

What failure of posed on him by this chapter in respect of the taxation of

duty a contempt of court.

cost, or the noting of steps, &c., taken in a cause as the

same progresses, is declared to be a contempt of court, and may be punished accordingly.

§ 12. That all clerks shall certify and affix their seal of office, without charge therefor, to the declaration and all necessary papers of soldiers' widows, heirs, administrators, and guardians, in making application for bounty money or land, arrears of pay, extra pay and pensions, or half pay, under the laws of the United States, and also to surgeons' certificates, or other papers of disability of any soldier absent from his company and regiment on sick or other furlough.

cases to

§ 13. It shall be the duty of each circuit clerk to procure General index of a suitable book, to be called a "general index," in which he be kept. shall, after a case is finally decided, make an index entry of the case, referring to the same by the names of each plaintiff against the defendants, and in the name of each defendant ad. the plaintiffs, and refer to the bundle by number in which the papers of the case have been filed away in his office.

CHAPTER 17.

COMMISSIONERS OF FOREIGN DEEDS.

Widows & heirs
of soldiers to have
certified
papers
free of charge.

§ 1. The Governor of the Commonwealth may appoint and commission one or more commissioners of deeds in each State, district, or territory of the United States.

1. The commissioners so appointed shall remain in office Duration of office. for the term of two years, unless sooner removed by the Governor.

1R. S., 251. Governor to ap point.

2. The Governor may, from time to time, fill vacancies in Vacancies. the office.

3. Each commissioner, before he enters on the duties of Oath or affidavit. his office, shall make and subscribe an affidavit, before an officer authorized to administer an oath, well and truly to execute and perform all the duties of his station. Which affidavit must be transmitted to and filed in the office of the Secretary of State for this Commonwealth.

§2. Any commissioner appointed and qualified as above Authority of. directed shall have authority to take the acknowledgment or proof of any instrument of writing (except wills), which, by the laws of this Commonwealth, is required to be recorded.

of

1. He shall also have the power to examine and take the May take the acacknowledgment of married women to any such instrument.

married women.

cording.

2. The examination, acknowledgment, or proof of any Effect of as re- such instrument taken by a commissioner and certified under his official seal, in the manner required by the laws of this Commonwealth, shall authorize the same to be recorded in the proper office.

3. A commissioner of deeds may administer any oath or May administer take any affirmation necessary to the discharge of his official

oath.

duties.

§3. Commissioners appointed under this chapter may

sitions.

May take depo- take and certify depositions, to be read on the trial of any action or proceeding, in any of the courts of this Commonwealth.

Heretofore appointed still

to

act.

S. A. 1864; Sup.,
System of com-

439.

mon schools uniform.

§ 4. Commissioners heretofore appointed may, during their continuance in office, act under this chapter.

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66

CHAPTER 18.

COMMON SCHOOLS.

3. Board of Education.

4. Superintendent.

5. County Commissioner.

6. Districts.

7. Trustees.

8. Teachers.

9. Teachers' Institute.

10. District Library.

II. Common School Defined. Fines and Amercements.

ARTICLE I.

School Fund.

1. There shall be throughout the State of Kentucky a uniform system of common schools, according to the Constitution of the State and the provisions of this act; and all laws now existing, conflicting with this act, are hereby repealed.

§ 2. The School Fund shall consist of the fund dedicated School fund ded- by the Constitution and laws of this Commonwealth for the purpose of sustaining a system of common schools therein.

icated by Constitution.

§ 3. The bond for $1,327,000, issued January 1st, 1870, Other sources of in aid of common schools, shall bear interest at the rate of six per centum per annum, payable on the 30th day of June

school fund.

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and December of each year. The interest on said bond, the dividends on seven hundred and thirty-five shares of the stock of the Bank of Kentucky, the annual tax of twenty cents on each one hundred dollars in value of the property of the State, heretofore imposed by law, and all fines and forfeitures set apart by existing laws, in aid of common schools, shall constitute the annual revenue of the Common School Fund, and shall be paid into the Treasury; but shall never be drawn out, or appropriated otherwise than in pursuance of this chapter, in aid of common schools.

fund to be used.

§ 4. Hereafter, except as otherwise expressly provided in For what purpose this chapter, no part of the Common School Fund, or of the revenue thereof, shall be used for any other purpose than the payment of teachers of common schools, legally qualified and employed, in pursuance hereof.

in respect of.

§ 5. The Auditor shall keep the accounts in relation to Duty of Auditor this fund. He shall, once in each month, make a transfer to the credit of said fund of all receipts into the Treasury for the benefit of the common schools, up to the date of such transfer. He shall allow no expenditures on that account beyond the annual revenue of the fund, and shall see that no county draws more than its proper proportion. § 6. The net revenue of the fund accruing during each school year, after the payment of whatever expenses may be incurred according to law by the Board of Education, or by special acts of legislation, shall constitute the sum to be distributed. But no fees to county judges or clerks, discount on checks, or other incidental expenses, shall be paid out of the distributable share of the revenue apportioned to any county; but such payment shall be made out of the county levy.

§ 7. The Superintendent of Public Instruction shall, on or before the first day of August in each year, ascertain and estimate, as near as may be, the net revenue that will accrue from all sources during the school year, the pro rata share thereof each white child will be entitled to according to the whole number of white children between the ages of six and sioner. twenty years in the State, and the proportion thereof each county and each district will be entitled to according to the whole number of such children residing in each county and district respectively, as shown by the returns of the county commissioner. If, at the time of making such estimate and

What constitutes
uted.
not embraced.

fund to be distrib
But fees
of clerks, &c.,

Duty of Superin

tendent to ascer

tain the net reve

nue, the pro rata of each child, the proportion of

each district; to

file copy
Auditor, & inform

county commis

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