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PUBLIC ACTS

OF

THE STATE OF KENTUCKY,

PASSED AT THE SESSION WHICH WAS BEGUN AND HELD IN THE
CITY OF FRANKFORT, ON MONDAY, THE 5TH DAY OF DE-
CEMBER, 1859, AND ENDED MONDAY, MARCH 5TH. 1860,

BERIAH MAGOFFIN, Governor.

THOS. P. PORTER, Speaker of the Senate.

DAVID MERIWETHER, Speaker of the House of Reps.
THOS. B. MONROE, JR., Secretary of State..

CHAPTER 1..

1

AN ACT to change the time of holding the Lawrence Quarterly Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the quarterly courts of the county of Lawrence, after the first day of March next, shall be held on the Tuesdays succeeding the Mondays on which the county courts of said county are held, in the months of March, June, September, and December.

DAVID MERIWETHER,
Speaker of the House of Representatives.
THOMAS P. PORTER,

Approved December 16, 1859.

By the Governor:

Speaker of the Senate.

B. MAGOFFIN.

THOS. B. MONROE, JR., Secretary of State.

1859.

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AN ACT to change the time of holding the Quarterly Court of Logan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the quarterly court of the county of Logan shall hereafter commence its terms on the first Monday in the months of March, June, September, and December in each year.

§ 2. This act shall take effect on the 10th day of January, 1860.

Approved December 16, 1859.

CHAPTER 8.

AN ACT to legalize the proceedings of the Court of Claims of Allen county. WHEREAS, It is represented to the General Assembly of the Commonwealth of Kentucky, that the Allen county court of claims was held on the second Monday of October, 1859, when it should have been held on the second Monday of November, 1859, the circuit court for said county being in session in said month of October, and doubts being entertained of the legality of the acts of said court of said county held as aforesaid; for remedy whereof,

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

That the actions and proceedings of said court of claims for said connty, had and done on said second Monday of October, 1859, be, and the same are hereby, legalized, and are to have the same force and effect as if said court had been held on the second Monday in November, the time in such cases fixed by law.

Approved December 19, 1859.

Exeention on

to issue till 15th

CHAPTER 11.

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 upon all judgments that shall be recovered in judgments a- the Franklin circuit court in favor of the Commonwealth gainst defaulting sheriffs not of Kentucky against the several defaulting sheriffs of this February, 1860: State, for failure to pay in the revenue that is collected in Provided, writ their respective counties, that no execution shall issue sureties shall thereon until the 15th day of February, 1860: Provided, January, 1860. That said sheriff or sheriffs shall, on or before the 1st day of January, 1860, file with the Auditor of Public Accounts

ten consent of

be filed by 1st

the written consent of the sureties of said sheriff to this indulgence.

§ 2. That, in case said sheriff or sheriffs shall, on or before the 15th day of February, 1860, pay into the public treasury of this Commonwealth the amount of revenue due from their respective counties, together with the cost of suit that may be adjudged against him or them, shall be received in full discharge of all judgment or judgments that may be rendered against such sheriff; and such payment shall be considered in full discharge of all judgment for twenty per cent. damages on the amount due, as is now required by law.

§3. This act shall be in force from its passage, and shall be in force twelve months.

1860.

If revenue and 15th Feb'y, '60, damages to be discharged.

costs paid by

In force from passage,and for 12 months.

Approved December 23, 1859.

CHAPTER 17.

AN ACT regulating tolls on flatboats and other crafts on slackwater streams. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

on flatboats &

they descend.

up

§ 1. That all flatboats or other crafts brought up any of Tolls to be paid the streams of this Commonwealth, improved by slack- other crafts water, from below, to a point above the action of any dam brought slackwater thereon, which shall, after being so brought up as aforesaid, streams, when descend any such stream, the same flatboats or other crafts shall be subject to, and the owners and proprietors thereof required to pay, the same tolls now required by law to be paid on any such flatboats or other crafts descending said streams from any point below the action of any dam thereon. §2. This act shall take effect from its passage. Approved January 5, 1860.

CHAPTER 19.

AN ACT to repeal acts repealing in part an act establishing an Equity and
Criminal Court in the First Judicial District.

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

1 Sess. Acts,

page 80.

§1. That certain acts, entitled "An act repealing in part an act establishing an equity and criminal court in the first judicial district," approved February 17th, 1858, be, and the repealed. same is hereby, repealed.

§2. That the act establishing an equity and criminal court, so far as the counties of Ballard and Graves are concerned, be, and the same is hereby, revived. §3. This act to take effect from its passage.

Approved January 5, 1860.

Repealing act

Original act

revived.

1860.

Clerk Louis,

Chane'y Court

to certify deeds

CHAPTER 20..

AN ACT concerning uncertified deeds in the Louisville Chancery Court. WHEREAS, It is represented to the General Assembly of the Commonwealth of Kentucky, that there are numerous deeds of conveyance now lying in the office of the clerk of the Louisville chancery court which were approved by the former chancellor of the said court, but which have not been certified by the then clerk of the county court of Jefferson for recordation,

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

§ 1. That the clerk of the Louisville chancery court be, and he is hereby, authorized to certify for record, to the clerk of the county court of Jefferson county, all deeds in said chancery clerk's office which have been heretofore ProChancellor approved by the chancellor of said court, but which the former clerk of said chancery court has failed to certify. §2. This act shall be in force from and after the passage

in his office which were approved by for

thereof.

Approved January 5, 1860.

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CHAPTER 21.

A BILL to authorize a special term of the Anderson Circuit Court.

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

§ 1. That there shall be held a special term of the An

derson circuit court, having equity, common law, and crim

inal jurisdiction, to commence on the first Monday in February, 1860, and continue six juridical days.

§ 2. This act to take effect from and after its passage. Approved January 5, 1860.

Two years

lection.

CHAPTER 25.

AN ACT for the benefit of the clerks and late clerks of the circuit and county courts of this Commonwealth.

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

§ 1. That the further time of two years from the 1st day given clerks to of January, 1860, be allowed to the several clerks of the list fees for col- .circuit and county courts of this Commonwealth, or their personal representatives, to list and collect their fee bills. §2. That the same time be allowed the late clerks of circuit and county courts, now out of office, or their personal representatives, to list and collect their fees.

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Same time to late clerks.

§ 3. That nothing herein contained shall exempt any clerk, or late clerk, from the penalties now fixed by law for issuing illegal fee bills: And provided also, That any clerk, or representative of a clerk, who may wish to avail himself of the benefit of this act, shall execute bond with good security, to be approved of by the clerk of the circuit or county court of his county, conditioned to pay any fine or forfeiture under the fee bill law, for issuing or collecting illegal fees.

Approved January 10, 1860.

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CHAPTER 27.

AN ACT to amend the 24th section of the Code of Practice.

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

Stanton's Civ.Code Prao

§ 1. That the quarterly courts have jurisdiction of all actions for the recovery of money or personal property, tice, p. 27. where the matter in controversy, exclusive of interest and cost, does not exceed one hundred dollars in value.

§ 2. That this act shall take effect from and after its passage.

Approved January 10, 1860.

CHAPTER 36.

AN ACT for changing the time of holding the Quarterly Courts of Powell

county.

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

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§1. That the quarterly courts of Powell county shall hereafter commence on the second Monday in the month of March, June, September, and December.

§2. This act shall take effect from and after its passage. Approved January 12, 1860.

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CHAPTER 38.

AN ACT to amend the 29th section of the Civil Code of Practice.

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

Stanton's

§1. That justices of the peace shall have jurisdiction, exclusive of circuit courts, but concurrent with quarterly Civ.Code Praecourts, of all actions and proceedings for the recovery of

tice, p. 30.

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