CHAPTER 149. AN ACT to provide for the service of process against steamboats. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all actions against a steamboat, or any of its officers or owners, for the violation, or non-performance of any contract, express or implied, for or on behalf of said boat, or its owners, or for any tort or wrong done by them, may be brought in that county of this Commonwealth where the contract was made, or was to be performed, or where the tort or wrong was done or committed; and all process and provisional remedies in said actions may be served and executed in any county of this Commonwealth where said boat, or any of the officers enumerated in section 85, Civil Code of Practice, or upon the owners of said boat. § 2. That this act shall take effect from its passage. Approved February 6, 1860. down the votes on CHAPTER 150. AN ACT to change the mode of setting down votes on poll books. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the mode of setting down the votes on the Mode of setting poll books shall be so changed that the clerks of all elecpoll-books tions hereafter held in this Commonwealth be required to to be by numer keep the votes in numerals, commencing at the head of ing atlon each each column with the figure 1, and so continuing the count in numerals down to the foot of the page. als, commenc page. § 2. This act shall take effect from its passage. Approved February 6, 1860. Circuit Courts in Hancock. CHAPTER 151. AN ACT to regulate the Circuit Courts in the Third Judicial District of this Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the circuit courts for the several counties in the third judicial district in this Commonwealth shall commence in the several counties hereinafter specified, and be held the number of judicial days attached to each term, if the business of the courts shall require it, to-wit: In the county of Hancock on the second Mondays in February and August, and continue each six juridical days. In the county of Daviess on the third Mondays in February and August, and continue each eighteen juridical days; and the summer term of the criminal and equity court of Daviess is hereby repealed. In the county of Me Lean on the second Mondays in March and September, and continue each twelve juridical days. In the county of Ohio on the fourth Mondays in March and September, and continue each twelve juridical days. In the county of Breckinridge on the second Mondays in April and October, and continue each twelve juridical days. 1860. Daviess. McLean. Ohio. Grayson. In the county of Grayson on the fourth Mondays in April and October, and continue each twelve juridical days. In the county of Larue on the second Mondays in May Larue. and November, and continue each twelve juridical days. In the county of Hardin on the fourth Mondays in May and November, and continue each twelve juridical days; and the summer equity and criminal term of Hardin is hereby repealed. Meade. Where courts In the county of Meade on the second Mondays in June and December, and continue each twelve juridical days. § 2. The foregoing courts shall be held at the court-houses in the several counties, and at the places designated in this to be held. act; and that sections second, third, and fourth of Session Act passed 1855-6, chapter 341, so far as applicable, shall apply to this act, and be considered as part hereof. That this act, so far as the circuit courts of the counties of Hancock, Daviess, McLean, Ohio, and Breckinridge are concerned, shall take effect from and after the 1st day of June, 1860; and that so far as the counties of Grayson, Larue, Hardin, and Meade are concerned, this act shall take effect from and after its passage. Sections 2, 3, and 4 of acts of 1855-6, chapter 341, Approved February 6, 1860. CHAPTER 172. AN ACT regulating the inspection and selling of tobacco in the city of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That inspection of leaf tobacco, in hogsheads, may be had in the city of Louisville, and warehouses for the inspection, storage, and sale of tobacco, shall be constructed so as to keep safely and securely, and guard against fire and the weather, so far as practicable, all tobacco stored therein; and such houses shall at all times be kept open, and in good repair, for receiving, storing, inspecting, sell 1860. keep a book. Collect and pay over the price of Tobac co sold. Keep account. ing, and delivering tobacco in hogsheads. Such warehouses shall hereafter be established by the city council; but such owner or owners shall have the right to close his or their warehouse at pleasure, after giving sixty days notice to said council of such intention. § 2. The proprietors of each warehouse shall keep a well Proprietor to bound book, of proper size, in which shall be entered the marks, numbers, gross, tare, and net weight of each hogshead inspected and sold, together with the owner's name, and the name of the purchaser, and the price sold for per cwt., and the amount each hogshead sold for, and collect and pay over to the planter or seller of tobacco the sum due him. He shall make account of the sales for the planter Or seller, stating the number of hogsheads, gross, tare, net, price per cwt., and the sum each hogshead comes to. He shall provide and continually keep in his warehouse, and in good order, a pair of scales, of sufficient size and strength to weigh at least one ton weight, and shall have them tested. at least once in every year, and oftener if necessary, by the standard weights and measures. He shall provide a suffiTo provide cient number of coopers to do the, coopering, and handle tobacco stored, inspected, and sold in his warehouse, and to do all things needful in receiving, storing, and selling tobacco. Keep scales. coopers. § 3. The said warehouse proprietor shall superintend the Superintends weighing of each hogshead of tobacco, and see that the the weighing and marking. empty cask is properly weighed, and that the proper weight, gross, tare, and numbers, (and not more than ten pounds shall be deducted for sample,) are marked on one of the heads of the same. They shall cause each hogshead to be uncased, and shall furnish the necessary hands to break the same. The inspectors shall then cause it to be broken in tobacco not less than three places, and oftener should they deem it and draw fair necessary; and shall draw fair samples from each hogssamples from head of the quality thereof; and said samples shall belong to the purchaser of the hogshead. Inspectors to cause to be examined each hogshead. Fees. § 4. The fees upon each hogshead of tobacco to be collected by the proprietors of the different warehouses in the city of Louisville, shall be as follows: For receiving, storing, weighing, uncoopering, and coopering up again, marking, twine, sample card, making out note, and deliving same to purchaser, selling, making out account sales, collecting, and after deducting fees, paying over, or disbursing proceeds, three dollars and twenty-five cents; of this amount, the purchaser shall, upon presentation of his note, pay one dollar and fifty cents, and the planter or seller one dollar and seventy-five cents: Provided, however, Said Bond and se- proprietors shall enter into bond, with good security, to be approved by the mayor and general council of the city of Louisville, payable to the Commonwealth of Kentucky, in curity to be prietor. given by pro 1860. the sum of ten thousand dollars, conditioned well and truly to pay over to the planter or seller the proceeds of all sales made by them for said planter or seller; and the injured party, if any, may sue thereon, and recover by civil suit, for his own benefit, as in other cases for any injury. Should said proprietors fail to execute said bond for ten thousand dollars, then they shall not be entitled to collect any fees, under a penalty of one hundred dollars for each offense, to be recovered in the name of the Commonwealth, in any court of competent jurisdiction, at the instance of any one; and one half of said fine shall be paid over to said informant. The proprietors of the different warehouses shall not charge storage on tobacco sold or to be sold, for the space of six storage for six. months; at the expiration of six months, they shall charge twenty cents per month on each hogshead, after inspected and sold. They shall not, however, store, nor shall they be required to store, tobacco in their warehouses to such an extent as to impede the selling or delivering of tobacco. Not to charge months. Two Inspectors in Louis ville. Governor to appoint. City Council to appoint two. who may act in the other two. the absence of 5. There shall be two inspectors of tobacco in the city of Louisville. The Governor of the Commonwealth of Kentucky shall, in the month of October next, appoint a competent judge of tobacco, inspector, who shall hold his office for two years, and also in the month of October, 1861; and in said month hereafter, he shall appoint a competent judge of tobacco, inspector, who shall hold his office two years; and at the end of the terms of inspectors aforesaid, the Governor shall reappoint a suitable person to fill said office of inspector for the city aforesaid, both of whom shall enter on the discharge of their duties on the first day of November after their appointment, and shall continue in office until their successors are appointed and qualified. The city council of Louisville shall, at the times aforesaid, appoint two competent judges of tobacco, alternate inspectors of tobacco, whose duty it shall be to act in the absence of the other inspectors, who shall possess like qualifications and powers, be subject to the same restrictions, and be entitled to the same fees for discharging the duties of the office as the other inspectors are. The Governor may remove any inspector appointed by him, and may fill any vacancy that may occur in the office of inspector; and the city council aforesaid shall have like powers to remove alternate inspectors and fill vacancies. The two vacancy. inspectors performing the duties of the office shall receive 124 cents each upon every hogshead of tobacco inspected by them, to be paid by the proprietors. The said inspectors shall enter upon the duties of their office on the first day of November after their appointment; but before entering upon the duties of their office, they shall take an oath, before some justice of the peace of Jefferson county, that they will perform their duties faithfully as required by Governor may remove Inspectors and fill vaCouncil may remove nates and fill City alter Inspectors' fees When to en ter on their du ties. To take oath. 1860. Shall not pur bacco. law. The said inspectors shall, neither directly nor indirectly, be engaged in purchasing or selling leaf tobacco, in chase or sell to hand or in hogsheads; and for every such offense, shall, upon conviction, pay to the Commonwealth of Kentucky the sum of five hundred dollars, to be recovered as in other cases; for a violation of any of the provisions of this act, the Governor shall remove the offender. The inspectors shall, each day, between the hours of 8 o'clock, A. M., and Business hours. 5, P. M., attend to the inspection of tobacco at the different warehouses in the city of Louisville. planter or own er. § 6. No planter or owner of tobacco shall be required to Privileges to take it to any warehouse in Louisville, or to have the same inspected or sold at auction at either of the warehouses; but when sold at auction, may, by paying the fees, refuse to take the price at which it was cried off. A lien is hereby given to the proprietors of the warehouses and inspectors on all tobacco and proceeds for fees and charges Lien given for fees and charg es. Proprietor or purchase to agents not to bacco. Proprietor li able for his agents and servants. To deliver to bacco on pay ment of fees and charges. on the same. § 7. No proprietor, nor any of his agents, shall, directly nor indirectly, be engaged in the purchasing of leaf tobacco in the city of Louisville. The proprietors of the different warehouses shall be liable for their agents and servants, and for the safe-keeping and delivery in their warehouses, except in case of fire or unavoidable accidents, and shall deliver all tobacco to the owner, within a reasonable time after demanded at the warehouse, on presentation of the note or receipt to one of the proprietors of the house or his clerk, and payment of all fees or charges due on said tobacco. § 8. The note or receipt made out by the proprietors of Tobacco re- the warehouses, shall be assignable by indorsement or delivery, and such assignment shall pass the title to the tobacco described in said note or receipt. ceipts assigna ble. Interest. empt from auction duties. § 9. Should said proprietors make advances in money or acceptances to the planter or seller, then said proprietor shall be permitted to charge interest. § 10. All tobacco sold at the different warehouses shall Tobacco ex- be exempt from auction duties, and all acts and parts of acts establishing or regulating the inspection and selling of leaf tobacco in the city of Louisville, are hereby repealed. § 11. This act to take effect from its passage. Approved February 6, 1860. |