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officer ordering such person to the asylum authorizes two. If transportation, in whole or in part, could have been had by stage, steamboat, or railway for less cost, no more than what ought to have been the actual cost shall be allowed.

$ 21. No officer shall be allowed for carrying an insane No allowance to person who is a pauper to a lunatic asylum, unless he first application first apply by letter to the superintendent thereof, and ascertain tendent. that the patient can be received, and that he cannot be sent for by the officers of the asylum. But where the safety of the lunatic or others seems to require it, the court may order the patient to be carried to the asylum immediately, without waiting for his being sent for. $ 22. The superintendent, immediately upon notice that Superintendent

to cause patients a person has been ordered into confinement at the asylum, to be brought to

the asylum. shall cause him to be brought, and pay the expenses of transportation.

§ 23. Whoever shall bring or cause to be brought into Introducing pauany county or city of this Commonwealth, from another natics. State or county, any pauper idiot or lunatic, with the intent to make him a charge upon such county or city, or this Commonwealth, shall be fined one hundred dollars, besides being liable at the suit of the county or city for all damages incurred thereby, besides the cost of transportation, and imprisoned not more than three months.

§ 24. No person not otherwise insane shall be sent to an Epileptic fits. asylum merely because he is subject to epileptic fits, or thereby rendered helpless.

$ 25. If the estate of a lunatic, or person adjudged to be Acts 1871, 47. incapable of managing his estate, be not sufficient to pay sale of estate of a his debts, the same may, by a circuit or chancery court, be cile. ordered to be sold, and proceeds distributed and estate settled as prescribed by law for the settlement of the estate of insolvent decedents.

$ 26. The committee of a lunatic or person found to be Claims to be verincapable to manage his estate, shall pay no claim until the decedents same is verified in the same manner as is prescribed for the verification of claims against the estate of deceased persons.

An Act to amend section 82 of the Civil Code of Practice. 8 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That chapter 82 of the Civil Code of Practice be so amended as to read as follows: Where the defendant is a person judicially found to be of unsound mind, or a person confined in any of the State Lunatic Asylums, or in the Institution for the Education of Feeble-minded Children, who, by the certifi. cate of the physician in charge, appears to be a lunatic or an idiot, or of feeble mind, the service must be upon him and upon his committee; if there is no committee, upon his wife, or the per

Court may order

lunatic or imbe

CHAPTER 54.

IMPEACHMENT.

2 R. S., 47. Petition to House tives.

The committee to prosecute.

Accused summoned.

Mode and manner of instituting Impeachments—Tried by the Senate Sena

tors to be sworn, § 1. A person desirous of procuring the impeachment

of any officer shall, by petition in writing to the House of of Representa Representatives, signed by himself, and verified by his own

affidavit and the affidavits of such others as he may deem necessary, set forth the facts upon which he prays an impeachment.

1. The House shall refer the petition to a committee, with Petition to be ro ferred. power to send for persons and papers, and to report thereon.

2. If an impeachment be ordered, a committee shall be appointed to prosecute the same, whose chairman shall, within five days, lay the same before the Senate.

3. The Senate shall appoint a day for hearing the imto be peachment. The accused shall be summoned, by precept

issued by the clerk of the Senate, to appear on that day. The precept shall be served in person, or a copy left at his residence with some white member of his family over the age of sixteen years, together with a copy of the impeachment.

4. The clerk of the Senate shall, at the instance of the Summoning wit- chairman of the committee, or of the accused, issue process

for the summoning of witnesses, and the production of books or papers, which shall be executed in the same manner, and be obeyed under a like penalty, as is prescribed for disobedience to similar process issued by a court.

5. A witness summoned shall also receive like compensaPay of witaesses. tion, and have the same privilege in going, remaining, and

returning

6. If the accused is acquitted, he shall be entitled to his costs, to be taxed by the clerk, and paid by the party petitioning; and if he be convicted, he shall, in like manner, pay such party the costs incurred in behalf of the prosecu

nesses.

tion. The amount of costs so taxed by the clerk in favor son having the care of him, or with whom he lives, or the keeper of the asylum or institution in which he may be confined. 8 2. This act shall take effect from and after its passage.

Approved January 24, 1873.

As to costs.

cer by address; costs.

of either party, may be recovered by motion against the other, after five days' notice, in a circuit or county court.

$ 2. Before the Senate proceeds to try an impeachment, Oath of Senators, the Speaker and every member present shall take the follow. ing oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully and impartially try the impeachment against A B, and give my decision according to the law and the evidence."

$ 3. In like manner, under like responsibility, a person Removal of ofimay petition either or both Houses to have an officer removed by address, which shall, in like manner, be referred to a committee. In either mode of proceeding, the petitioner shall be responsible to witnesses and to the accused for the costs of an investigation before a committee, to be taxed by the clerk of the House appointing the committee, recovered, as before directed, if the committee report against the petition, and the report be not overruled by the House.

$ 4. Proceedings for impeachment or removal by address No petition necmay be instituted by the House of Representatives without a petition from any person.

essary.

CHAPTER 55.

INCLOSURES AND CERTAIN TRESPASSES.

Art. 1. What a lawful fence-Damages to owner of

stock--Damages to occupant, etc.
2. Partition fences.
3. Division fences.
4. Trespass by cattle.

What is a lawful fence.

ARTICLE I.
What a Lawful Fence-Damages to Owner of Stock-Dam-

ages to Occupant, &c. § 1. Every strong and sound fence of rails or plank or 2 R. S., 48-49. iron, five feet high, and being so close that cattle or other Mvets' Sup., 272, stock cannot creep through, or made of stone or brick, four and one half feet high, or a ditch three feet deep and three feet broad, with a hedge two feet high, or a rail, plank, stone, or brick fence two and a half feet high on the margin thereof, the hedge or fence being so close that cattle cannot creep through, shall be deemed and held to be a lawful fence.

$ 2. If any cattle shall enter into any grounds inclosed by lawful fence.

Damages, etc., for breaking a

a lawful fence, the owner or manager of the cattle shall, for the first breach, be liable to the owner or occupant of such ground for such damages as he may have sustained thereby; and for every subsequent breach by the cattle of the same owner, double damages. And after having given the owner or manager of such cattle at least five days' notice, in writing, of the fact of two previous breaches into the same inclosure by the cattle of the same owner, the owner or occupant of such inclosure shall be entitled to said cattle if again found trespassing on said inclosure, or he may, at his election, kill the cattle and sue for and recover treble damages of the owner or manager for the third or any subsequent breach.(a)

$ 3. It shall not be lawful for the owner, or any person Non-residents having the care of any cattle, who is a non-resident of this loose in this State State, to bring the same into this State and turn them loose

to range or pasture in the woods. The cattle of such nonresident so brought into this State, if found running at large upon the lands of other persons, shall be forfeited to the uses and purposes hereinafter mentioned.

$ 4. Any justice of the peace of the county in which Such cattle to be such cattle may be found shall, upon complaint to him made, attached.

issue his warrant of attachment, directed to any constable of his county. The constable receiving the warrant shall forthwith attach and safely keep the cattle, and return the

facts, with the warrant, to some justice of the peace of the Jury to be em. county. The justice shall thereupon cause a jury of housepanneled.

keepers to be empanneled and sworn to try the facts. If, by the verdict of the jury, it shall be found that the cattle

were brought within the county by a non-resident and turned Cattle to be sold. loose to range, the justice shall order such cattle to be sold of the time, terms, and place thereof. The proceeds of the sale, after deducting the expense of keeping the cattle, and one dollar and fifty cents for services of the constable, and one dollar for those of the justice, shall be paid by the constable to the common school commissioner, to be applied in aid of the common school fund of that county.

for cash, at public sale, after at least ten days' public notice (a) The Legislature has constitutional power to regulate, by statute, the relative rights and responsibilities of the proprietors of inclosed land, and the owners of stock going at large, or kept in adjacent inclosures, as is done by chapter 50 of the Revised Statutes, and the act of 1863 (Myers' Supplement, 272) amendatory thereof. (Wills vs. Walters, 5 Bush, 351.)

2. It was intended, in enacting said statutes, to provide a just and reasonable protection for the rights of owners of inclosed land and of stock, and to limit the right of redress for injuries, in either class, to their own compliance with the law, whether it was a division fence or not. (Ibid.)

3. The penalty of double damages, denounced by section 3, article 1, chapter 50, Revised Statutes, against any person not having a lawful fence, who shall, in any mode, hurt, lame, kill, or destroy any cattle which may have broken over or through said fence into his inclosure, applies to one who used and controlled the premises, whether he was the owner or not. (Fones vs. Hood. 4 Bush, 8o.)

Note. -Section 3, article 1, chapter 50, of the Revised Statutes, is not made part of the General Statutes.

moved.

months' notice to be given

ARTICLE II.

Partition Fences. § 1. When a partition fence has existed or may hereafter 2 R. S., 50. exist by agreement or acquiescence between two or more fence may be repersons, neither party shall remove the same without the consent of the others, except between the first of December and the first of March next ensuing.

§ 2. No such change as named in the last section shall be Three made unless three months' previous notice in writing shall be given to the opposite party by the person desiring to make the same.

§ 3. Whenever a division fence exists, each party thereto Parties to dr-zs. shall be required to keep a lawful fence on his proportion responsible. of the line; and in case he neglects or fails to do so, the party so failing shall be liable for all the damage the other party may sustain from the trespassing of cattle or other stock over said division fence; and the party sustaining the injury may bring his action, and recover the same as is now provided for by law in cases of trespass. § 4. If one part owner of a division fence shall fail, after How kept in re

pair. reasonable notice, to repair the same, as far as is needful and proper, the other part owner may proceed to repair the same, and recover from the recusant the value of the repairs so made.

ARTICLE III.

Division Fences. $ 1. Persons owning adjoining lands may agree in regard Agreement as to to the erection of division fences between them, and the keeping of the same in repair; and if the agreement be reduced to writing, and signed by the parties thereto, and acknowledged or proven by the oath of one or more subscribing witnesses, before the clerk of the county court of the county in which the lands are situated, may be entered of record in the office of said clerk as deeds are recorded, and with the same effect.

division fences.

GEN. STAT.–35

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