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income and CX

fund.

of all duties.

fund must be cer. tified, and how

any grand or petit juryman, they shall severally forfeit and pay fifty dollars; or the same may be recovered by indictment in the circuit court.

§ 14. The Auditor shall report to the Legislature the an- Auditor to report nual income and expenditures of the jury fund.

penditure of jury § 15. It shall be the duty of the judges to know that the Duty of judges trustees of the jury fund faithfully apply the money in their cation of the jit ry hands to the payment of the grand and petit jurors, and to in payment of jusee that they settle their accounts and perform faithfully Settlement of actheir other duties, and to remove them for any dereliction ful performance of duty. The attorney of the Commonwealth shall cause the appropriate proceedings to be instituted against any defaulting or derelict trustee.

$ 16. The clerks, when they certify and report to the When the list of Auditor the list of claims ordered to be paid out of the Treasury is reTreasury, shall also certify the amount of all deficiencies in deficiency in jury the jury fund, and how the same have been supplied.

supplied. $ 17. The trustees of the jury fund, and all other officers Penalty against and persons failing to comply and to perform the duties re- officers for failure

of duty required quired of them by this chapter, or violating its provisions, in this chapter. unless there has been prescribed in this chapter a different liability or penalty, shall be fined for each offense any sum not exceeding five hundred dollars.

$ 18. Clerks of courts, circuit and county, shall, with the Acts 1863-“4, 43. trustee of the jury fund, keep, in their respective offices, a ing receipt of book, well bound, in which each shall enter, at the time of

be kept by clerks receiving the same, all moneys received by him for the Com- ard trustees. monwealth, noting therein from whom, on what account, the What book must amount, and the time when received; which book shall at all times be subject to inspection by an agent of the Commonwealth.

$ 19. Within twenty days after the adjournment of any Duty of clerk in court, the clerk thereof shall issue proper process on

respect of issuing

all judgments rendered therein in favor of the Commonwealth wealth : keeping then unpaid or not replevied, nor remitted or respited; replevin bonds" which process he shall deliver to the proper officer, and Auditor take his receipt therefor. He shall keep executions upon hility for failure replevin bonds constantly in the hands of the proper officer until the money is made; and within ten days after the expiration of a respite of a judgment by the Governor, he shall issue execution thereon. He shall, in the month of June in each year, furnish the Auditor a full and complete

money

for Commonwealth must

show.

process

in favor of the Common

reporting to the

unpaid judgmenis; lia. thereof.

1

ordered to pay money to trustee Duty of clerk to

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statement of all unpaid judgments in his office, reciting
therein all the steps which had been taken to secure the
collection thereof. A failure of a clerk to discharge any
duty required of him by this section shall subject him and
his sureties on his official bond for the amount of the judg-
ment to which his failure is applicable, with interest, if any,
and cost. But after the lapse of twelve months from the
date of the judgment before proceeding commenced, the
clerk, or his sureties, may defend against the consequences
of any such failure, by showing that the money could not
have been made on an execution if one had issued.

§ 20. At the same time he makes the statement to the Duty of clerk to Auditor required in the last section, the clerk shall report judgments paid, to the Auditor a list of all judgments or process thereon port shall show. which have been paid in court or to him, and those which,

from returns or entries in his books, have been collected,
noting by whom collected, and the amount and date thereof.

$ 21. Every clerk shall, within ten days after each adList of persons journment of court, forward to the Auditor a list of per

sons who have been by the court ordered to pay money to report to Auditor. the trustee of the jury fund, showing the amount thereof

and on what account.

§ 22. Any person paying money to the trustee of the Trustee of jury jury fund as such shall take from him duplicate receipts fund required to z ve duplicate re; therefor, one of which shall be sent to the Auditor, withpaid hiin.

out which no such payment shall be valid.

§ 23. The several county judges of this Commonwealth Acts 1856, 13. shall, at each fall term of the circuit or criminal court of his County judges to make settlement county, make a settlement, he being under oath, with the

trustee of the jury fund, accounting therein for all taxes,

fines, forfeitures, and other public money in his hands or What saine must under his control; and the amount being ascertained, after

deducting five per cent. for his compensation, shall be paid
by him to said trustee, who shall account for the same as
other moneys belonging to the jury fund.

§ 24. The trustee of the jury fund shall ascertain and Acts 1858, 40.

keep in a book prepared for that purpose, and belonging to Trustee of jury fund to kcep list his office, a correct list of all judgments in behalf of the behalf of Com Commonwealth, showing names of defendants, amount of

judgment, and the term of court at which rendered, and

shall diligently pursue the same, in the form of execution gard to collection

or otherwise, to collection, if possible; and to this end shall,

certs for money

Auditor to have one.

with trustee.

show

monwealth.
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must show
Ilis duty in re-

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term no release

quired to report.

trustce.

by motion or otherwise, compel all collecting officers to pay over money for which they may be responsible. $ 25. The duties imposed by the provisions of this chap- Acts 1865, 49.

Failure in holding ter upon clerks and other officers on the subject of report

court at regular ing to the circuit court all public moneys in their hands, of the officers reshall be discharged, whether there be any court held at the regular term or not. Said reports shall be made on the first When said report day of the term of court fixed by law; and the money so when money paid reported shall then be paid to the trustee of the jury fund, which shall be held by him subject to be disbursed as other money belonging to the jury fund. The clerk of the court shall enter each report on some record or order-book of the court, and the same may be signed by the judge as part of the proceedings of the first day of the next ensuing term of a court held by him.

§ 26. At the close of each circuit or criminal court, or, if Duty of clerk in there is none held, then on the day next after the first day of a term on which, by law, one should have been holden, the trustee of the jury fund shall make out a settlement, as Settlement of the required by law, exhibiting the total funds received from all find when to be sources, and file the same with the clerk, who shall enter it must show, and

disposition to be at length in the same book with the entry of reports, as required in the preceding section, which, in like manner, shall be signed by the judge. Copies of the reports and settlement thus entered shall, as soon as they can be made out, be forwarded by the clerk to the Auditor.

$ 27. The county judge or the county attorney, if the Settlement of the attorney for the Commonwealth be absent, shall examine By whom examthe reports of the circuit or county clerks, and settlement for the Commonof the trustee of the jury fund, provided for in the two preceding sections, and if found correct, shall approve the same. The reports and settlement must each be signed and sworn to by the party making it.

made, what it

made thereof,

wealth is absent.

ARTICLE VII.

Penalties. $ 1. All officers and persons who shall fail' or neglect to Penalty against comply with and perform any of the duties required of comply with them by the provisions of this chapter shall, unless a dif- quired by this

chapter. ferent penalty or liability is prescribed herein, be fined for each offense any sum not exceeding five hundred dollars.

§ 2. The penalties, forfeitures, liabilities, and fines preJurisdiction con- scribed in this chapter, may be established and recovered Franklin circuit by indictment or proper action in the circuit court for the ery of penalties, county of Franklin, and shall be prosecuted by the Attor&c., prescribed in this chapter.

ney General.

CHAPTER 63.

LANDS.

ART. 1. Original title.

2. How interest in disposed of.
3. Shares of Infants—How sold, if value less than $100.
4. Sales of, belonging to Married Women, Infants,

Lunatics, &c.
5. Miscellaneous Provisions.
6. Sale of Contingent Interest,

3 R. S., 226.

wealth,

Titles allodial.

Eminent domain

wealth.

ARTICLE I.

Original Title. $ 1. The Commonwealth of Kentucky is deemed to have Property in po possessed the original, and has the ultimate property in and by the Common- to all lands within her boundaries.

$ 2. All land titles in this State are declared to be allodial, and (subject to escheat) the entire and absolute property in the same is vested in the owners, according to the nature of their respective estates; except

$ 3. That the right of eminent domain in and to all real in the Common. estate resides and remains in the Commonwealth.

§ 4. No judgment of eviction suffered by a husband, or Eviction suffered feoffment, or conveyance made by him of the inheritance or to impair right freehold of his wife, or other act done by him, shall operate

as a discontinuance, or shall prejudice or impair her right of action, or the right of entry of her or her heirs, or such as

An Act to exempt undertakers from serving on juries. & 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all persons in this Commonwealth who are now, or may be hereafter, engaged in the business of an undertaker, shall be exempt from serving on juries while carrying on such business. 2 2. This act take effect from and after its passage.

Approved February 14, 1873. An Act to exempt secretaries, assistant secretaries, superintendents, assistant superintendents, and depot

agents of railroads, from jury service. % 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the secretaries and assistant secretaries, and the superintendents and assistant superintendents, and depot agents of the several railroad companies operating fifty miles and upwards of track in this Commonwealth, be, and they are hereby, exempted from all jury service. % 2. This act shall take effect from its passage.

Approved April 23, 1873.

of heir of wife.

real

estate dis

verted into

es

have right after her death, except as provided for in section eighteen.

$ 5. The dying seized of a disseizor shall not be such Right of entry descent in law as to take away the right of entry of any who death of disseizhave such right at the death of the disseizor, unless he shall years had elapsed have had fifteen years peaceable possession after the disseizin before death. was committed.

$ 6. Any interest in or claim to real estate may be dis- How interest in posed of by deed or will in writing. Any estate may be posed of. made to commence in futuro, by deed in like manner as by will, and any estate which would be good as any executory devise or bequest, shall be good if created by deed.

$ 7. Unless a different purpose appear by express words Estate created by or necessary inference, every estate in land created by deed deemed a fee simor will, without words of inheritance, shall be deemed a fee- ferent purpose is simple, or such other estate as the grantor or testator had power to dispose of,

8. All estates heretofore or hereafter created, which, in Estates tail con. former times, would have been deemed estates in tail, shall tates in fee simple henceforth be held to be estates in fee-simple; and every limitation on such an estate shall be held valid, if the same would be valid when limited upon an estate in fee-simple.(a)

(a) An estate tail will not be raised by implication upon the words “dying without issue," whether the first devise was for life or in fee, or without additional words, or whether it devise land or slaves, or personalty, or all, by the same words. (Daniel vs. Thompson, 14 B. M., 696.)

2. The words “if he die without issue, or without leaving issue or heirs of his body," or other words of similar import, are to be interpreted according to their plain, popular, and natural meaning, as referring to the time of the person's death, unless the contrary intention is plainly expressed, or is necessary to carry out its undoubted purpose. (Ibid, 708.)

3. A devise of land to A, in fee, limited by the words “if he die without a lawful heir begotten of his body," is not an estate tail, and Å takes a defeasible fee, subject to be defeated by his dying without such heir living at his death. (Ibid, 707.)

4. A devise to the three granddaughters of the testatrix, and the “ heirs of their bodies legally begotten," creates an estate tail which our statute converts into a fee. (Johnson vs. Johnson, 2 Mlet., 334; Brown vs. Alden, 14 B. M., 144; True vs. Nichols, 2 Duv., 547; Lackland vs. Downing, 11 B. M., 33; Prescott vs. Prescott, 10 B. M., 58.)

5. A deed conveying land to “S. W. during his lise, and then to his heirs or executors,” only gives S. W. a life estate, with fee to those who are his heirs at his death, and they take as purchasers under the deed, and not by descent from S. W. (Turman vs. Whites, 14 B. M., 570579.)

6. The rule in Shelley's case, in which it was held that if a freehold (estate for life) be conveyed to a man, and by the same conveyance an estate is limited to his heirs, or the heirs of his body, he will be vested with a fee or inheritance, and his heirs will take by descent, and not by purchase, is not a rule of property in this State. (Ibid, 570-1.)

7. In 1823 the testator devised land to his son, “and his heirs and assigns forever; ” and if he's shall die without lawful issue,” the land “ shall go to his sisters in equal portions, and if either, or both of them, be then dead, to the child or children of such dead sister.” HentThat the son took a deseasible fee, and not an estate tail. “ If the said Edmund shall die without lawful issue.” The testator, in this case, used these words in their plain and natural sense, intending thereby that if his said son, at his death, should leave “no lawful issue,” that the estate devised to him should go to his sisters, etc. (Sale vs. Crutchfield, 8 Bush, 636.)

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