and attachments at law or in equity, in the circuit or other court of his county. 1. He shall have jurisdiction to hold inquests upon idiots Inquests upon idand lunatics. iots and lunatics. Shall keep record ister oaths. and may admin court to be held. 2. He shall keep a record of all his official acts out of court, and in or out of court he shall have power to administer oaths. § 7. There shall be a quarterly court held in each county When quarterly in the months of January, April, July, and October, and continue in session so long as the business shall require. Each county judge shall fix the day of the commencement of the quarterly courts, and note the same on his orderbook, of which public notice shall be given, by advertisement, posted on some conspicuous object at each place of voting in the several voting precincts of the county. If the time of holding court be changed, notice thereof shall be given in like manner. Nothing in this section shall be so construed as changing the time of holding the quarterly courts in any county in which, by existing laws, a different time therefor has been provided. cases of riots, § 8. The judge of the quarterly court shall have jurisdic- Jurisdiction in tion concurrent with justices of the peace in all cases of routs, &c. riots, routs, and breaches of the peace. § 9. Process returnable to the quarterly court may be directed to the sheriff, jailer, coroner, marshal of the town, or a constable, and may be executed by any person to whom it might have been directed. § 10. The judge of the quarterly court shall act as clerk of his own court, and issue all process returnable thereto. He shall keep a docket, order-book, and execution-book. 1. In making out his docket, and drawing up the proceedings of the court, in keeping an execution-book, and in every other ministerial act done by him, he shall be governed by the laws prescribing the duties of clerks. To whom process may be directed His own clerk. book, execution Docket, order book. To be governed by laws prescrib ing the duties of clerk. of executions. 2. The court must, by rule, fix a monthly return day of To fix return day executions, and other rules to govern its proceedings. 3. When the jurisdiction is concurrent with that of the circuit court, a tax of fifty cents shall be paid to the judge of the quarterly court by the plaintiff before suing out the original process therein, which shall be accounted for and paid into the Treasury in the same manner that clerks of circuit courts are required to account for similar taxes. To collect fifty cents tax, & ac count for it. Copies of records evidence. His fees when jurisdiction con current with cir cuit court. with justices of the peace. 4. Copies of records in the quarterly county court, certified by the judge, shall be evidence. § II. When the jurisdiction is concurrent with that of the circuit court, the fees of the judge of the quarterly court and officer executing the process shall be the same that the circuit court clerk and sheriff are entitled to for similar services, shall be due at the same time, and collectable in the same manner. 1. In controversies of fifty dollars or under, exclusive of When concurrent interest and costs, the judge of the quarterly court and other officers' fees shall be the same, and be due at the same time, and collectable in the same manner, that justices' and constables' fees are due and collectable for similar services. 2. The county judge shall be liable to the same penalties, Liable to penal and in the same manner, for issuing an illegal fee bill or making an illegal charge, that justices of the peace are now liable to in similar cases. ties. To give bond. Form of bond. Justices of the peace and police bond. may be required bond by circuit § 12. Each county judge shall execute, before the clerk of the circuit court of his county, a covenant, with sufficient surety, to be approved by said clerk, in substance as follows: We covenant with the Commonwealth of Kentucky that A B, county judge of county, shall faithfully discharge his duty as such, and pay to the proper person any money which he shall receive as county judge. This day of 187. Attest:, clerk. 13. Justices of the peace and police judges in this Commonwealth shall execute bonds of like import before the judges to execute clerk of the county court in their respective counties. The County judges bond of a county judge shall be filed in the office of the to renew their county clerk, and a report thereof made to the circuit court, court, and jus- of which an entry shall be made of record. The bonds of tices and police justices and police judges shall be filed in the office of the county clerk, and reported to the county court, of which a note shall be entered of record. County judges may be required to renew their bonds by the circuit court, and justices and police judges by the county court of their counties, respectively. Any officer failing or refusing to execute the bond required herein forfeits his office. judges by the County court. 14. No county judge or clerk of a county court shall be appointed executor, administrator, or guardian in the counecutor, adminis- ty of his residence. The acceptance of such appointment County judge or clerk shall be ex trator, or guar dian. shall forfeit the office of the acceptor. Blank books may be procured ty county judge. § 15. A county judge may procure well-bound blank books, necessary for the quarterly court, not to exceed one order-book and one execution-book at a time. His account for the price paid therefor, verified by his own affidavit, shall authorize the Auditor to draw his warrant on the Treasurer Paid for out of for such sum, the same to be in the name of the county judge presenting the claim. § 16. No county judge shall prepare any pleadings to be filed or used in the quarterly or county courts of his own county, nor shall he practice as attorney at law in any court of his own county having jurisdiction inferior to either of the courts aforesaid. He shall not act as counsellor or attorney in any cause pending in a court of his own county by appeal from either the quarterly or county courts, nor shall he bring or be engaged as attorney in any suit in his own county involving the settlement of the estate of a decedent or the settlement of the accounts of a guardian or trustee. A violation of any of the provisions of this section shall work a forfeiture of his office of county judge. the Treasury. A county judge shall not act as counselor or at torney, nor pre pare any pleading, nor bring a suit to settle an estate of a decedent or guar dian. fice at county seat May empower the County clerk as clerk of his court. 17. The office of the county judge shall be at the county Shall keep his of seat, and be kept open at all reasonable hours for the transaction of business. The county judge may, by an order entered of record in the county court, empower the county clerk to act as the clerk of the quarterly court, thereby authorizing him to issue process to the same extent as the county judge might do; for which he shall be entitled to the same fees allowed the county judge. But the order shall not operate to deprive the county judge of the power of rendering the same services, if he pleases so to do. The duty of filing all papers and preserving the same shall attach Duty of filing pato both the judge and clerk; and either may be held responsible for damage resulting from neglect in this particular. § 18. The law governing the election of a special judge of a circuit court shall, as to the cause therefor and mode of election, apply to the election of a special judge of the quarterly court, who shall possess the qualifications of the county judge. ARTICLE XIV. The powers and duties of the County Judge concerning the settlement of Accounts of Fiduciaries. § 1. The county judge of the county court shall make settlements with personal representatives and guardians in pers. Special judge of quarterly court may be elected. R. S., 330. County judge to make settlements with fiduciaries. his county. His pay. special commis I. He shall be allowed three dollars a day, to be paid out of the estate, for each settlement. 2. The judge may, if he thinks proper, appoint a special commissioner to make such settlements. § 2. It shall be the duty of the county judge of each He may appoint county, when called on by a personal representative or guardian or committee, or any person interested, to state ment when called and settle the accounts of such fiduciary. sioner. Shall make settle on. 1. He shall have power to hear testimony on such settleMay hear testi- ment in support or in opposition to any item. mony. Must reduce it to writing. Shall give no credit without legal port 2. He must reduce to writing all verbal evidence adduced before him. 3. He is in all cases to be governed by law and justice, and shall give no credit to a fiduciary, for disbursements or evidence to sup- for services, without legal evidence to justify the same. 4. His report, in writing, shall be returned to the county Court at its next regular term, and noted of record. The report shall show the result, giving items of debit and credit, and he shall return therewith all vouchers and evidence adduced before him on the settlement. Must report to next term. show. 5. The clerk shall indorse on the report the time of filing Lay over one term the same, and it shall lay over one term for exceptions, to be filed by any person interested. for exceptions. If no exceptions proved. heard. 6. If no exceptions are filed by or at the succeeding term filed, to be ap- of the court, the report shall, if approved, be recorded. 7. If exceptions are taken, other evidence besides that Evidence may be reported may be heard, and the court shall, upon the whole case, reject, confirm, alter, or amend the report, and if conVouchers to be firmed, order it to be recorded. The vouchers accompanying the report shall not be recorded, but must be carefully kept on file with the report in the clerk's office. filed. Must reduce to writing and file new evidence. place of settle ment. 8. Any new evidence given in court must be reduced to writing, and filed with the report. 9. Notice of the time and place of such settlement must Notice of time be given to all parties interested, if resident in the county, by the county judge or some one interested in it. Any Failing to settle fiduciary failing to settle when so notified, without good excuse, shall, on rule in the name of the Commonwealth and service of a copy thereof, be fined by the county court. twenty dollars. may be fined. 10. Settlements so made and recorded shall be prima facie Settlements prima facie evidence evidence between the parties interested. summoned & at tendance coerced II. Witnesses may be summoned at the instance of either Witnesses may be party, to give evidence before the judge on the settlement, or on the trial of exceptions by the court, and their attendance may be coerced by attachment and fine. 12. In making settlements, the judge may adjourn from Judge may adday to day, until the same are finished. journ from day to day. fiduciary. 13. He may interrogate personal representatives and guar- May interrogate dians, on oath, touching any matter drawn in question in making a settlement, and their statements, when so interrogated, must be reduced to writing and returned with the report. sumed to be given 14. No evidence shall be presumed to have been given on No evidence prea settlement except such as is reported. ARTICLE XV. County Courts-Power to call Special Terms. § 1. The county judge shall have power, at any time in vacation, to call a special term of the county court for the transaction of any business over which the court has jurisdiction, except the probating of a will, or granting a tavern license, whenever, in his opinion, the necessity exists for the immediate action of the court in regard thereto. (a) ARTICLE XVI. Jurisdiction in respect of County Levy, Public Buildings, &c. 1. County courts have jurisdiction to lay and superintend the collection of the county levy, erect and keep in repair necessary public buildings, bridges, and other structures, and superintend the same; regulate and control the fiscal affairs and property of the county; make provision for the maintenance of the poor, and provide for good condition of the public highways in the county; and to execute (a) County courts can make no contract, or do any other valid act, except through its records. (Fletcher vs. Light, Barret & Co., 4 Bush, 303; Yelton vs. Pendleton County Court; Mercer County Court vs. Kentucky River Navigation Company, 8 Bush, 306, foot of the page.) 2. If an act authorizes the county court, with a majority of the justices present, to do an act, the county judge alone can make no valid order in reference thereto. (Mercer County Court vs. Kentucky River Navigation Company, 8 Bush, 300.) 3. The county judge can lay no charge upon the county, for any purpose, exceeding the sum to which he is restricted by law; nor is the county bound by any implied acquiescence of the justices. (Harrison County vs. Smith's adm'r, 15 B. M., 166.) 4. The county judge has the right to call a special term of the county court, whenever, in his opinion, it is necessary, without any reference to the character or nature of the business to be transacted. (Commonwealth vs. Graves & Clary, 18 B. M., 34.) 5. The county judge alone constitutes the county court for the purpose of filling a vacancy in the office of county clerk. (Stevens vs. Wyatt, 16 B. M., 548.) GEN. STAT.-20 |