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Master and Servant, Rights and Obligations of.

§ 1. All persons who shall come to this State under a conContracts of ser tract to serve another in any occupation, shall be compelled other State-how to perform the contract specifically during the time thereof,

or so much of the same as shall not exceed seven years. Infants under fourteen years, under contract entered into by their guardian or father, shall serve to the age of twenty-one years, or such shorter time as the contract shall fix.

$ 2. A servant bound to service shall be provided, by his Provision for ap- master, with a sufficiency of wholesome food, clothing, and prentice.

lodging, and medical attention; and, at the end of his service, the servant shall receive from the master a good full new suit of clothes, suited to the season of the year.

§ 3. The master of such servant may assign the benefit Apprenticeship of his contract to any person whom the servant may, in may be assigned

the presence of a judge of a court, consent to serve, the judge attesting such consent, which must be in writing. The right of such service shall, on the death of the master, pass to his personal representative or devisee.

$ 4. All contracts entered into between master and serWhen contracts vant during the period of service, shall be void, except such between void.

as are clearly beneficial to the servant.



hold office four years.


How appointed-Bond of-Duties of-Receivers and other Commissioners,

$ 1. Each circuit court shall appoint a master commisEach circuit court sioner for such court, may remove him and appoint another; commissioner; to but no master commissioner shall continue in office more

than four years without a reappointment.

§ 2. Before acting, the master commissioner shall be sworn Oath and bond. and execute a bond, with surety, to be approved by the

court, for the faithful performance of his duties. The bond shall be entered of record in said court, and a copy thereof, certified by the clerk, shall be evidence in all proceedings in this State.

$ 3. The bond shall be in substance as follows: We, AB, Form of bond. principal, and CD, his surety, bind ourselves to the Com


the benefit of the

monwealth of Kentucky that said A B will faithfully perform all the duties of master commissioner of the

circuit court (or receiver or commissioner in the action of plaintiff, against - defendant), and in default we will pay such damages as any person may sustain thereby.

$ 4. A recovery may be had upon such bond by any per- Recovery in the son, in the name of the Commonwealth, for his use, against monwealth for the obligors in it, for all damages, property, or money to person aggrieved which he is entitled from the principal; and as many actions on the bond as may be necessary for that purpose may, from time to time, be brought.

$ 5. He shall settle the accounts of insolvent estates ad- Insolvent estate judicated in the court of which he is master commissioner, settled by him. and perform such other duties as the court may require of him, and execute a new bond, or a special bond, when required; but when a special bond is required, no action shall be maintained on his general bond for the matters. covered by it.

$ 6. He shall have power to administer oaths, grant.cer- Myers' Sup.,299. tificates thereof, swear witnesses, and take their proof in oath, compel atwriting; and in the discharge of his duties he may compel nesses, and exethe attendance of witnesses by subpena and attachment, and he may execute judicial sales. $ 7. If any person shall refuse to testify before any com- Persons refusing

to testify may be missioner, the court appointing him shall have power to coerced. compel the person so refusing to testify before the commissioner by fine or imprisonment, or both. $ 8. He shall not be allowed more than three dollars per 2R. S., 140.

Compensation. day for each day he shall be necessarily engaged in the discharge of his duties, except by consent of parties or their attorneys.

$ 9. No allowance shall be made to him in any case, until No allowance to he has filed in the court of which he is master a written filed. statement of the number of days he has acted, verified by his affidavit; and other evidence may be heard for and against an allowance to him.(a)

(a) No allowance can be properly made to a master commissioner unless he presents a statement of the number of days he has been necessarily engaged in the business, with his claim, sworn to by himself; and not more than three dollars per day shall be allowed, except by the consent of parties. (Underwood vs. Dickinson, 8 Bush, 337.)

2. For circumstances under which courts have power to fix allowance, without notice to parties, see same case.


cute orders of sale

Receivers and other Commissioners.

$ 10. The parties or their attorneys may be permitted by Receiver, &c., the court to select a receiver or commissioner, in any action may be selected by parties. or proceeding, to perform the duties of the master commis


$11. Before acting, such receiver or commissioner shall Oath and bond. be sworn and execute bond, with surety, in the same man

ner and the same in substance as is required of a master commissioner.

$ 12. They shall promptly and faithfully discharge the Discharge duties duties of their stations, and promptly comply with all orpromptly.

ders and judgments rendered in the action or proceeding.

$ 13. Their bonds must be to the Commonwealth, and Bond to Com, they may be put in action the same as the bonds of master how put in suit. commissioners.

§ 14. Their compensation shall be the same as that of a Compensation. master commissioner, and ascertained and allowed in the

same manner; except in the case of collecting money, receiving, holding, renting, or selling property, the court may, upon proper proof, make to the master commissioner, receiver, or other commissioner, an allowance of a reasonable amount greater than three dollars per day; but in no case shall such allowance exceed ten dollars per tract for selling or renting land, nor ten dollars per day for selling personal property, nor two per cent for receiving or collecting and paying out money.

$ 15. The compensation for executing deeds by persons Pay for executing appointed for that purpose shall be one dollar and a half, a deed.

unless the parties or their attorneys consent to a larger allowance.

$ 16. Allowances to master commissioners, receivers, and The allowance to other commissioners, shall in all cases be taxed as part of be taxed as cost.

the costs, and the court shall have power to enforce their payment on motion of the persons entitled to them by judgment and execution or attachment.

An Act to amend section 328 of the Civil Code of Practice. & 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That section 328, title 8, chapter 5, of the Civil Code of Practice, be amended by adding thereto the following words, to-wit: “Such receiver may be appointed by the judge of said court in vacation, ten days' notice of the time and place being given to the adverse party; and the receiver so appointed shall take the proper oath and give bond, as required by law, before the clerk of the court in which the action is pending."

Approved January 24, 1873.


Organization of the Kentucky militia.
ART. I. Of the militia of the reserve.

2. Of the enrolled militia-Assessors and clerks' duties.
3. Of the organization of the volunteer militia.
4. Of troops called out by civil authorities.
5. Fines and penalties.
6. Of the military fund.
7. Courts-martial.
8. Miscellaneous.

Organization of the Kentucky Militia.
$ 1. That the Kentucky militia shall be divided into three

1. The volunteer militia.
2. The enrolled militia.
3. The militia of the reserve.

of whom to con


Of the Militia of the Reserve, § 1. The militia of the reserve shall consist of all male Militia of reserve, persons less than eighteen and more than forty-five years of sist. age, resident in the State, and of all other persons exempt by law from enrollment, and not members of the volunteer militia. § 2. The reserve shall be called into the State service only Occasion for call

ing into service. on occasions of extreme danger to the State.

of whom to con

Of the Enrolled Militia-Assessors and Clerks' Duties.

§ 1. The enrolled militia shall consist of all able-bodied Enrolled militia, male persons between the ages of eighteen and forty-five sist. years who may be citizens or residents of the State, except persons who have served not less than five years in the army or navy of the United States, persons who may be active members of the volunteer militia, and persons already exempt from military service by the laws of the United States or of this State. (a)

(a) The militia of this Commonwealth shall consist of all free, able-bodied male persons (negroes, mulattoes, and Indians excepted) resident in the same, between the ages of eighteen and forty-five years, except such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this State; but those who belong to religious societies, whose tenets forbid them to carry arms, shall not be compelled to do so, but shall pay an equivalent for personal services. (Constitution, article 7, section 1, page 111.)

ors' book for enrolling

transmitted to the

Allowance to assessor and clerk,

§ 2. It shall be the duty of the assessors to prepare anAssessors' duty. nually a roll of all persons liable to be enrolled, residing

within their respective counties; and they shall annually make out a roll of all such names, and place it, before the

first day of June, in the hands of his county clerk; such Clerks' duty.

clerk shall, immediately thereafter, record said roll of names in a book to be provided for that purpose, in the same manner as other books of record are provided; and such record shall be deemed a sufficient notification to all persons whose names are thus recorded that they have been enrolled in the militia.

$ 3. In all forms of assessors' books furnished by the Column in assess. Auditor, there shall be provided a column for enrolling the


§ 4. The county clerk shall transmit to the Adjutant GenReturn to be eral of the State, prior to the first day of September, in Adjutant General every year, an annual return, stating the number of the mil

itia of such county that have been enrolled.

§ 5. For the services required of the assessor and county clerk, there shall be allowed to each of those officers the sum of one cent for each name returned by the assessor and enrolled by the clerk.

$ 6. All county clerks, or other civil officers, who shall Penalty on civil neglect or refuse to obey the provisions of this chapter, shall officers for failure

forfeit and pay not more than five hundred nor less than twenty dollars for each and every offense, to be recovered in any court of competent jurisdiction, in the name, and for the use, of the Commonwealth.

§ 7. Each company commander shall, within ten days Company after each muster or drill, leave with the county clerk a list port attendance; of the names of all members of their respective companies, regimental. who shall have attended said muster in accordance with the

requirements of law, particularly certifying on said list that the persons therein named appeared armed and equipped according to law; which statement shall be verified by the oath of the company commander; and battalion and regimental commanders shall make similar returns of the battalion and regimental staff.

$ 8. On every member of the enrolled militia not thus

returned there shall be assessed, in lieu of the military serquants, and dis- vice which he owes the State, the sum of one dollar for each position of the

muster or drill which such person has not attended properly

of duty.



also battalion and

The assessment


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