1860.

surgeons to be

mortem exami

CHAPTER 1143.

AN ACT providing for post mortem examinations in certain cases.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That whenever, in the opinion of the coroner of any Physicians, or county, it shall be necessary to cause a post mortem exampaid for ser- ination of the corpse of any person on which an inquest is vices in post to be holden, that he may employ one or more competent nations. surgeons or physicians for that purpose; and a reasonable fee shall be allowed such surgeons or physicians by the county court of the county in which said inquest shall be holden, to be paid out of the county levy: Provided, That the cities of Louisville and Covington pay the expenses of inquests within their limits.

2. That this act shall take effect from its passage.

Approved March 2, 1860.

Civil Code of

CHAPTER 1145.

AN ACT to amend the 670th section of the Civil Code of Practice.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the sixth division of the 670th section of the Code Stanton's of Practice shall be, and the same is hereby, amended, so Practice, p. 252. as to have these words added thereto, to-wit: But this sixth division shall not hereafter be so construed as to exclude a witness from testifying who has no interest in the issue to be tried.

Approved March 2, 1860.

CHAPTER 1150.

AN ACT to repeal an act repealing the Equity and Criminal Court in Ballard and Graves counties, so far as Graves county is concerned.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That so much of an act, entitled "An act repealing Act repealed. the equity and criminal court in Ballard and Graves counties, so far as Graves county is concerned, be, and the same is hereby, repealed.

revived.

§ 2. That said equity and criminal court is hereby re-esFormer laws tablished in the said county of Graves; and that all acts, or parts of acts, passed by the General Assembly of the Commonwealth of Kentucky at its present session, in reference to the equity and criminal court in Graves county, be, and

the same are hereby, re-enacted, except the act repealed by this act.

§3. This act to take effect from and after its passage.

1860.

Approved March 2, 1860.

CHAPTER 1156.

AN ACT for the benefit of the Common School Fund.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Informers, other than

Com'th Attor led to any part of penalty in but the same to

ney, not enti

gaming cases,

That all laws now in force that gives to the prosecutor or informer, other than the Commonwealth's attorney, in an action for the recovery of money lost at gaming, any portion of the forfeiture, any part of a penalty for gaming consequent upon conviction, be, and the same are hereby, repealed; and that hereafter all moneys so forfeited, after the payment of the necessary cost of prosecution, that fund. went to the informer or prosecutor, other than the Commonwealth's attorney, be, and the same are hereby, appropriated to the use and benefit of the common school fund of this Commonwealth.

Approved March 2, 1860.

go to the common school

CHAPTER 1166.

AN ACT in relation to peddlers selling by sample card, or otherwise, in Jefferson county and city of Louisville.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. It shall not be lawful for any person or persons to sell, within the city of Louisville or county of Jefferson, by sample card or other specimen, or otherwise, any goods or merchandise of any kind or description whatsoever, for or on account of any merchant, manufacturer, or other persons not having his principal place of business within this State, and to whom a license has not been granted under the laws of this Commonwealth; and if any person shall sell, or exhibit for sale, either by sample card or otherwise, in the city of Louisville or county of Jefferson, any goods or merchandise, in violation of the provisions of this act, such person or persons so offending shall be liable to a fine of three hundred dollars for every such offense, which may be recovered by a suit in the name of the Commonwealth, before any circuit, county, or city court, or justice of the peace of the city of Louisville or county of Jefferson, one half to the use of the informer, who shall be a competent witness in such

1860.

for one year.

and the other half to be paid to the Treasurer of the State, for the use of the common school fund.

§ 2. A license to sell goods and merchandise within the License $300 county of Jefferson or city of Louisville, by sample card, specimen, or otherwise, shall be granted by the county court of said county, to any person who may not have his principal place of business within this State, on payment to the clerk of said county, for the use of the State, three hundred dollars; but no license so granted shall authorize such person to vend goods or merchandise in the manner aforesaid, for a longer period than one year from the day on which it may be issued.

§ 3. This act to take effect from its passage.

Approved March 2, 1860.

stoneware, tar,

CHAPTER 1176.

AN ACT in relation to Peddlers.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That it shall be lawful for any citizen of this ComTinware, monwealth, who has resided in this State for five years, to & turpentine. peddle in this State tinware, stoneware, tar, and turpentine, without license: Provided, That the provisions of this bill shall only apply to tinware and stoneware manufactured in the State of Kentucky.

§ 2. This act to take effect from and after its passage.

Approved March 2, 1860.

ters may put off

by lottery.

CHAPTER 1177.

AN ACT for the encouragement of the Fine Arts.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That it may be lawful for that class of artists called Artist pain painters to dispose of pictures, the entire creation of their their paintings pencil and individual art, or which may have been finished by them, in shares; and it may be lawful for them to determine, by lot, to what shareholder in a picture the same shall belong: Provided, That this act shall not be construed to apply to any other purpose than is set forth above, and that none but citizen artists, residents of this Commonwealth, shall avail themselves of its benefit: And provided, That no obscene or indecent picture shall thus be disposed

of.

§ 2. Any one violating the provisions of the above act

shall be subject to all the penalties of the law in relation to lotteries.

§3. This act shall take effect from its passage.

1860.

Approved March 2, 1860.

CHAPTER 1178.

AN ACT to require assessors of tax to list the number of free persons of color in their respective counties.

Be it enacted by the General Assembly of the Commonwealth of Kentucky.

§ 1. That the assessors of tax in the several counties of this Commonwealth be, and they are hereby, required to ascertain, and return with their lists, the number of free persons of color in their respective counties; said list to be reported by them in a separate column.

2. This act to take effect on the first day of January, 1861.

Assessors to return the

number of free persons of color tive counties.

in their respec

Approved March 2, 1860,

CHAPTER 1180.

AN ACT requiring Trustees, &c., to execute bond in certain cases. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That hereafter it shall not be lawful for the trustee or assignee in any conveyance made for the benefit of creditors, in anywise to proceed to execute the trust until he shall appear in the county court of the county where such conveyance may have been properly recorded, and take an oath faithfully to execute the duties confided to him by such conveyance, agreeably to law; and shall likewise execute a covenant in open court, with good security to be approved of by said court, payable to the grantor in such conveyance, to the effect that he will faithfully, in proper time, discharge all the duties of trustee imposed upon him by the conveyance, or by the laws of the land.

§ 2. For a breach of the covenant named in the first section of this act, any person injured thereby shall have remedy for the recovery of damages, by appropriate action thereon, in any court having jurisdiction thereof.

§3. The clerk of the county court, for his services under this act, shall be entitled to the same fees allowed for similar services in granting administration upon decedents' estates.

Assignees & trustees to execute bond.

Remedy for breach of bond.

Clerks' fees.

Approved March 2, 1860.

1860.

Clerks to make

claims allowed

and

of county

ceived by coun

sources, and

CHAPTER 1181.

AN ACT concerning County Courts.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That it shall hereafter be the duty of the clerks of the County Court county courts in this State, immediately after the court of out statement claims in their respective counties, to make out in tabular of county form a statement of the debts of their counties incurred by resources their counties the preceding year, the allowances made by county debts, the court, and to whom, and the purpose for which said and amount re- allowance was made; also, the amount of money received ty from all by their counties from all sources; which statement shall have same be published in some newspaper printed in their respective counties; and if there be no paper printed in their counties, then said court shall order a sufficient number of said statement to be printed in handbill form; and it shall be the duty of said clerks to distribute said statement among the various justices of the peace in their respective counties, and they shall distribute them among the citizens of their respective districts.

published.

Approved March 2, 1860.

R. S., 328.

CHAPTER 1182.

AN ACT to amend section five, article twenty-one, of chapter twenty-seven, of the Revised Statutes.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That section 5, article 21, of chapter 27, of the Re1 Stanton's vised Statutes, be so amended as to allow justices of the Justices al- peace two dollars each for every day they may attend and lowed $2 per assist in laying the county levy; also, the same fee for every day they may attend the county court under a summons of the presiding judge.

day.

§ 2. This act shall take effect from its passage.

Approved March 2, 1860.

CHAPTER 1188.

AN ACT for the benefit of the sheriffs of this Commonwealth.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1, That the sheriffs of the several counties in this State Sheriffs given shall have until the first day of May, 1860, to pay into the 1860, to pay ar- treasury any balance of revenue that may be due by them: rearages of re- Provided, That before any of the sheriffs aforesaid shall be

till 1st of May,