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action and proceedings as to the mode of proving claims, and otherwise, shall be conducted as actions and proceedings for the settlement of the estates of deceased persons are now required to be conducted, so far as the same are applicable.

§ 4. The court may, at any time pending the action, and upon such terms as it shall deem proper, compel the transferee to surrender to a receiver of the court all the property and effects in his possession or under his control; and it may make such orders respecting the property as it may make concerning attached property. And when it is decided that a sale, mortgage, or assignment was made in contemplation of insolvency, and with the design to prefer one or more creditors to the exclusion, in whole or in part, of others, the court shall compel the debtor to surrender to such receiver all property and effects in his possession or under his control, except such property as is exempt from execution, to disclose the amount of his debts, the names and residence of his creditors, all offsets or defenses to any claim against him, or any other matter which shall be deemed proper; and the court shall also compel every person who shall acquire, by purchase, assignment, or otherwise, any property or effects from such debtor, after the suit contemplated by this act shall be instituted, to surrender the same to such receiver.

The proceedings

may

had in court, and

herein of receivduty of

debtor to surren
der property, and

make
of effects.

5. The court may make distribution of assets on hand from time to time; and the decision of the court at the time of any distribution, allowing or disallowing any claim, shall be held a final judgment, and may be appealed from as other final judgments.

excat.

§ 6. The court or judge, or the presiding judge of a The writ of ne county court, may grant against such debtor, in addition to the order of arrest now provided by law, a writ of ne exeat, when it shall be made to appear by affidavit that such writ is necessary to secure the surrender or disclosures provided for herein.

Duty of court in

the distribution

of assets.

Preference debts.

§ 7. In the distribution of the assets of any debtor, as Acts 1865-'6, 107. provided, debts due as guardian or administrator or executor, shall have priority; as also debts due as trustee, if the trust be created by deed or will duly recorded in the proper clerk's office.

§ 8. The claims of creditors are required to be verified in

itors-how veri

Claims of cred- the mode required by law in respect of claims against the estate of deceased persons, before any portion of the assets shall be received thereon.

fied.

CHAPTER 45.

FUGITIVES FROM JUSTICE.

ART. 1. Fugitives from justice, how dealt with.

66

2. Arrest of persons for offenses committed in another State.

ARTICLE I.

Fugitives from justice, how dealt with.

§ 1. Upon the demand of the executive of any State or

Governor to issue Territory of the United States, made upon the Governor

warrant for ap

prehension of fu

gitive from jus

tice.

of this Commonweath, to surrender a fugitive from justice from said State or Territory, pursuant to the Constitution and laws of the United States, he shall issue his warrant to the sheriff or constable of any county within this Commonwealth, commanding him to apprehend said fugitive and bring him before some circuit judge.(a)

§ 2. The circuit judge shall proceed, by the examination of witnesses, to ascertain if the person apprehended be the fugitive demanded and mentioned in the warrant of the der his delivery Governor of this State, and, if satisfied of the identity of

Circuit judge to ascertain identity of person, & or

to

the person, the judge shall order him to be delivered up to the agent of the State or Territory demanding him, to be transported to such State or Territory agreeably to the laws of the United States; otherwise, he shall discharge the person from custody.

§ 3. If no such agent be present, the fugitive shall be committed to the jail of the county in which the hearing committed to jail. before the judge is had. Of the fact of commitment the Judge to inform

If no agent pres

ent, fugitive to be

Governor of this judge shall forthwith inform the Governor of this State,

and he to

authorize deliv- and, on demand by the agent of the State or Territory

ery to agent.

upon the jailer, by the authority of the Governor of this Commonwealth, the fugitive from justice shall be delivered up to such agent. If said fugitive be not demanded within

(a) A private person may arrest a felon for the purpose of taking him before the proper officers. But this right goes to this extent, no further. He must do so without unnecessary delay. This right exists only in cases of felonies committed in Kentucky. (Botts. vs. Williams, 17 B. M., 692.)

three months after his commitment, the jailer shall discharge him.

4. All costs incurred in apprehending and securing said fugitive shall be paid by the agent of the State or Territory, before he shall be permitted to remove him or receive him into custody.

ARTICLE II.

Arrest of Persons for Offenses Committed in Another State or
Territory.

1. A person guilty of felony anywhere in the United States, if found in this State, may be arrested and confined in jail, and delivered over to the proper authority, in the following manner:

1. A warrant issued by any judicial authority, upon affidavit made of the facts, shall authorize his arrest by any ministerial officer, or other person, to whom it may be directed by name.

2. The person arresting the accused shall immediately take him before the circuit judge, the judge of the county court, or the police judge of a city, in the county in which he was arrested, who shall, upon hearing the evidence, if satisfied of the guilt of the prisoner, commit him to the jail of the county where he was arrested, there to remain sixty days, unless he be legally discharged, or removed upon the demand of the executive of the State or Territory in which it is charged that the offense was committed.

§ 2. It shall be the duty of the person who caused the arrest of such fugitive to be made, to notify the executive of the State or Territory in which the crime was committed. § 3. The Governor of this Commonwealth, upon a proper demand made, shall issue his warrant directing the officer having the custody of the prisoner to deliver him to the agent of the State or Territory demanding him, whose duty it shall be to deliver over such prisoner, upon the payment of all legal costs and charges by said agent or other person. (a)

Cost of appre

hending se

curing to be paid

agent

fugitive removed.

Manner of proceeding to have fugitive from the of another State arrested.

Person causing

the arrest to no

tify executive of

State in which

crime was com

mitted.

Officer having the must deliver him upon warrant of

e Governor, costs and charges

being paid.

Proclamation of

а

§ 4. Whenever the Governor of this Commonwealth shall reward may be issue his proclamation, offering a reward for a fugitive from newspaper by or

of

(a) A fugitive from the justice of another State can be arrested in Kentucky only upon the production of an indictment or affidavit of the prosecutor, showing an offense committed. After the arrest, the warrant of the Governor, based upon the requisition of the Governor of the State where the offense was committed, is requisite before the prisoner can be lawfully removed from this State. (Botts, etc., vs. Williams, 17 B. M., 696.)

justice, or any one charged with crime, he may order the same published in a newspaper or not, as he shall deem proper under the circumstances and to the interest of the Commonwealth; and if he shall order the same so published, he shall designate the paper or papers in which the publication shall be made, and the number of times it shall be inserted. The account for such publication, with the approval of the Governor indorsed thereon, shall be paid out of the public Treasury.

§ 5. In all cases where the Governor of this Commonwealth shall make a requisition upon the Governor of any Other State or a Territory for a fugitive from justice, the person named in such requisition, as the agent of this Commonwealth, shall, unless a different condition is contained in the commission of the agent, be allowed to receive, as a compensation for his services, at the rate of twelve and a half cents per mile for the distance he may travel to and from the county seat of the county having jurisdiction of the offense of which said fugitive stands charged, to the place where said fugitive may be arrested-the distance to be computed by the route most usually traveled - and such other fees and necessary expenses as he may have to expend in reclaiming and transporting such fugitive.

§ 6. The claims provided for in this chapter to be allowed Allowance to the by the Governor, and for the amount of which the Auditor agent-how paid.

will draw his warrant upon the Treasurer.

2 R. S., 559-60. agent of this State

Compensation of

to receive fugitive.

But a different

may

agreement be made.

CHAPTER 46.

GAME AND SMALL BIRDS.

Unlawful to destroy-Penalty.

1. It shall be unlawful for any person, by shooting or

When unlawful to otherwise, to kill any female deer in the months of March,

kill deer.

April, May, June, July, or August. Any person guilty thereof shall be fined not less than five nor more than twenty dollars.

§ 2. It shall be unlawful for any person, at any place other

What small birds than upon his own premises, to kill or injure, or to pursue

shall not be killed or injured.

with such intent, any bird smaller than a quail, except the hawk, snipe, or plover, or birds of prey, or such as are destructive to the grain or fruit crops

kill quail, par.

ant.

§ 3. It shall be unlawful for any person, in the months of When unlawful to March, April, May, June, July, August, or September, in tridge, or pheas any year, to catch, kill, or in any way or manner destroy or pursue with such intent, any quail, partridge, or pheasant. § 4. It shall be unlawful for any person, in the months of May, June, July, or August, or the first half of September, in any year, to catch, kill, or pursue with such intent, any other duck. wild goose, wood-duck, teal, or other duck.

When unlawful wild goose, wood

to catch or kill

or

to or kill

§ 5. It shall not be lawful for any person, in the months When unlawful of January, February, March, April, or May, in any year, a woodcock. to catch or kill, or pursue with such intent, any woodcock.

§ 6. Any person violating any of the provisions of the Penalty. four sections last preceding, or who shall destroy or disturb the nest or eggs, or have in his possession, or expose to sale, any of the birds intended to be protected by either of those sections, shall, upon conviction, be fined not less than two nor more than fifteen dollars.

§ 7. The penalties denounced in this chapter shall be recoverable upon proper proceeding before a justice of the peace.

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CHAPTER 47.

GAMING.

ART. 1. Contracts in consideration of, when void-Remedies-Faro Banks-
Duty of Officers.

2. Betting on elections.

ARTICLE I.

Contracts in Consideration of, when Void-Remedies-Faro
Banks-Duty of Officers.

§ 1. Every contract, conveyance, transfer, or assurance, for the consideration, in whole or in part, of money, property, or other thing won, lost, or bet at any game, sport, pastime, or wager, or for the consideration of money, property, or other thing lent or advanced for the purpose of gaming, or lent or advanced at the time of any betting, gaming, or wagering, to a person then actually engaged in betting, gaming, or wagering, shall be void. (a)

Penalty recover tice of the peace.

able before a jus

R. S., 560. contracts void.

Declares gaming

(a) For a case not within the provisions of section one of this chapter, see Heironimus vs. Harris, 14 B. M., 312.

2. For a case that is embraced by it, see Brittain vs. Duling, 15 B. M., 141; also Connor vs. Ragland, 636.

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