entitled to any of the benefits of this act, they shall file with the Auditor of Public Accounts the written consent of each and all of the sureties of such sheriff agreeing and consenting to the extension provided for in this act. 1860. leased upon tions of this § 2. That the sheriffs of this Commonwealth, who shall,, Damages reon or before the said first day of May, 1860, pay into the their complytreasury of this State the revenue, interest, and costs due ing with condiby them respectively, shall be released from the twenty per centum damages now imposed by law against defaulting sheriffs. §3. This act to take effect from its passage, subject to the provisos contained therein. act. Approved March 2, 1860. CHAPTER 1196. AN ACT to provide for the sale of choses in action and judgments in certain cases. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall and may be lawful for the chancery and circuit courts, in all cases now pending, or which may be hereafter commenced, wherein the settlement of any estate of an insolvent decedent, or the foreclosure of a deed of trust for the payment of debts, is sought, to decree the sale of any and all notes, bonds, bills, choses in action, and judgments, belonging to the assets of such intestate's estate, or constituting a part of the trust or assigned property, whenever it appears to the satisfaction of the court that such notes, bonds, bills, choses in action, or judgments cannot be collected in a reasonable time by the use of ordinary diligence, and when it shall also appear that such sale is necessary for the payment of debts. § 2. That the circuit and chancery courts of this Commonwealth shall be authorized to decree a sale of bonds, notes, or other choses in action brought into court in all cases where a discovery may now be had against insolvent debtors. §3. The sales provided for in the preceding section shall be on the same terms as is or may be provided by law for the sale of other personal property, and the court may make all proper orders necessary to cause such assets sold under its order to be transferred to the purchaser or purchasers by the party holding the legal title, or by an officer of the court. Approved March 2, 1860. 1860. Execution & CHAPTER 1197. AN ACT in relation to duties of Clerks of Courts in this Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter when any real estate or any interest therein, shall be sold under execution, it shall be the duty return in cases of the clerk from whose office the execution issued, upon a estate to be re- return thereof, to record the execution and sheriff's return corded in full. in full, in a well bound book to be kept and provided for that purpose. of sale of real redeemed receipt to be recorded. § 2. When any defendant shall have redeemed his land, When land and taken the receipt from the purchaser, and lodged the same with the clerk of the court, to be filed with the execution under which the sale was made, it shall be the duty of the clerk from whose office the execution issued, and with whom the receipt has been lodged, to record the receipt above specified, in full, in a well bound book to be kept and provided for that purpose; and in case the original receipt should be lost or destroyed, such record, or a certified copy thereof, shall be evidence of the contents of the original; and for recording each receipt the clerk shall be allowed the sum of fifteen cents. Such record to be evidence when receipt lost or destroy ed. Clerks' fee. §3. This act shall be in force from its passage. Approved March 2, 1860. foreign express CHAPTER 1206. AN ACT to regulate Agencies of Foreign Express Companies. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall not be lawful, after the first day of May, Agencies of 1860, for any agent of any express company, not incorpocompanies to rated by the laws of this Commonwealth, to set up, establish, or carry on the business of transportation in this State, without first obtaining a license from the Auditor of Public Accounts to carry on such business. be licensed. § 2. Before the Auditor shall issue such license to any How licensed. agent of any company incorporated by any State of the United States, there shall be filed in his office a copy of the charter of such company, and a statement made, under oath of its president or secretary, showing its assets and liabilities, and distinctly showing the amount of its capital stock, and how the same has been paid, and of what the assets of the company consist, the amount of losses due and unpaid by said company, if any, and all other claims against said company or other indebtedness, due or not due; and such statement shall show that the company is possessed of an actual capital of at least $150,000, either in cash or in safe investment, exclusive of stock notes. Upon the filing of the statement above provided, and furnishing the Auditor with satisfactory evidence of such capital, it shall be his duty to issue license to such agent or agents as the company may direct to carry on the business of expressing or transportation in this State.. § 3. Before the Auditor shall issue license to any agent of any express or transportation company incorporated by any foreign government, or any association or partnership acting under the laws of any foreign government, there shall be filed in his office a statement, setting forth the act of incorporation or charter, or the articles of association, or by-laws under which they act, and setting forth the matters required by the preceding section of this act to be specified; and satisfactory evidence shall be furnished to the Auditor that such company has on deposit in the United States, or has invested in the stock of some one or more of the United States, or in some safe dividend-paying stocks in the United States, the sum of $150,000, which statement shall be verified by the oath of the president of such company, its general agent in the United States, or the agent applying for such license; and upon due filing of such statement, and furnishing the Auditor with satisfactory evidence of such deposit, or investment, it shall be his duty to issue such license to the agent or agents applying for the same. § 4. The statements required by the foregoing sections shall be renewed in each year thereafter, either in the months of January or July; and the Auditor, on being satisfied that the capital or deposit, consisting of cash securities or investments, as provided in this act, remain secure to the amount of $150,000, shall renew such license. 1860. To be renewed each year. county clerk. court § 5. Every agent obtaining such license, or renewal Copy license and statement thereof, as required by this act, shall, before transacting any to be filed with business of transportation or expressing in this State, file in the office of the clerk of the county court in which he or they may desire to do business for said company, a copy of the statement required to be filed with the Auditor, and a copy of the license, which shall be carefully preserved by the clerk for public inspection; and in case of a renewal, shall, in like manner, file in the office of the clerk of the county court a copy of such renewed statement and license, within thirty days after it shall be filed with the Auditor. § 6. The statements required by the foregoing sections shall be made up to a period within six months preceding the filing of the same with the Auditor. How & when voked. § 7. If at any time, after the filing of the statements by this act required, it shall be made to appear to the Audi- license to be retor that the available capital of any such company has been reduced, by misfortune or otherwise, below the sum of $150,000, it shall be his duty to revoke the license or licenses granted to any agent or agents of such company. 1860. Penalty for this act. § 8. Any person who shall set up, establish, carry on, or transact any business for any transportation or express comviolation of pany, not incorporated by the law of this State, without having obtained license, as by this act required, or who shall in any way violate the provisions of this act, shall be fined for every such offense not less than one hundred nor more than five hundred dollars, at the discretion of a jury, to be recovered as like fines in other cases: Provided, That it shall and may be lawful for any person who has a right of action that has accrued in this State against such foreign transportation or express company, to sue any such company, in any county in this State where its agent may be found: Provided further, That nothing contained in this act shall be construed to release said company from liability as common carriers. Proviso. Proviso. § 9. For any license issued by the Auditor under this act, Fee for license and for each renewal thereof, he shall be allowed the sum of $2 50, to be paid by the agent or company taking out such license. Act not to apply to com panies charter § 10. This act shall not apply to any express or transportation company wholly composed of residents of this State, or to any corporation chartered by this State, except ed by this to impose the liabilities of a common carrier; nor shall it companies apply to any person engaged in the ordinary business of wholly composed of residents transportation as common carrier or otherwise. to be in force from its passage. State, or to of this State." This act Approved March 2, 1860. Stanton's Civ. Code Prác., p. 252. CHAPTER 1213. AN ACT to amend sub-division 6, of section 670, of the Civil Code of Practice. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That sub-division 6, of section 670, of the Civil Code, be, and the same is hereby, so amended as to allow the plaintiff or owner, in an action to recover the value of baggage agnst lost baggage against common carriers, innkeepers, or ers, innkeep- wrong-doers, to testify in his own behalf as to the contents ers or wrong and value thereof. Owner of lost common carri doers allowed to testify in his own behalf. §2. This act shall not apply to actions now pending. CHAPTER 1215. AN ACT to amend the penal laws. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Any person using false brands on articles to be sold in this State, with the fraudulent intent to deceive purchasers, shall be deemed guilty of a misdemeanor and fined for each offense not less than $200. 1860. $200 penalty. for using false brands fraudulently. Approved March 2, 1860. CHAPTER 1217. AN ACT to amend the law in relation to taxing the lands of non-residents. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be the duty of the Auditor of Public Accounts of this State to furnish to the tax commissioner of each county in this State a list of the lands belonging to non-residents in the county of each tax commissioner, and it shall be the duty of each tax commissioner in this State to ascertain, from personal view or otherwise, the value of the land belonging to non-residents within his county, and to list the same for taxation at its value at the time it shall be so listed. § 2. It shall be the duty of the Auditor of Public Ac-. counts to furnish the lists mentioned in the first section of this act, on or before the first day of April in each year; and it shall be the duty of the several tax commissioners to return to said Auditor lists and assessments of the value of the land of non-residents within their respective counties, on or before the first day of June in each year. § 3. The tax on non-residents shall be according to the value put on it by the several tax commissioners; and the Auditor of Public Accounts shall proceed to collect the taxes on the same as now required by law. Approved March 2, 1860. CHAPTER 1224. AN ACT in relation to donations, devises, and gifts to the Common School Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That when the Auditor of Public Accounts shall be informed that any donation, gift, or devise of any real or personal estate shall have been made to the common school fund of Kentucky, it shall be the duty of the Auditor to How donations, gifts, and devises to comfund to be secured. mon school |