1860. § 2. This act is not to operate in contravention of any other act of the present session, except so far as to correct the above named error. § 3. This act to take effect from its passage. Approved February 28, 1860. County Court of Daviess may levy a tax to build a jail. Sheriff to give bond for collection tax. CHAPTER 748. AN ACT for the benefit of the Daviess County Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the county court of Daviess county, a majority of the justices concurring therein, shall have power at any regular term of said court to levy a tax for ten successive years, of five cents on each hundred dollars' worth of property, fifty cents on each white male over twenty-one years, and fifty cents on each slave over sixteen years, in said county; and that the means so raised shall be for the purpose of building a new jail in said county; and that any surplus may be appropriated by said court to any other public improvements of the county, as the court may deem most necessary and proper. 1 § 2. That the revenue arising from the above levy shall be collected by the sheriff in the same manner as other taxes, and that he shall be required to give bond for its collection, and shall pay out none of the fund so collected without an order from the county court, and that this act take effect from its passage. Approved February 28, 1860. Courts to have tions against CHAPTER 749. AN ACT to amend the law in relation to motions against defaulting Constables. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the quarterly courts shall have jurisdiction Quarterly within their several counties, concurrent with the justices' concurrent ju- courts, of motions against constables and their securities, risdiction with justices in mo- or any one of them, or the personal representatives of any Constables and one or more of them, jointly with the survivors, for any money collected by them on an execution, order of sale, or fee bill, or on any note or account, or other claim, put into their hands for collection, and which on demand they shall neglect or refuse to pay. their sureties. § 2. This act shall take effect from and after its passage. Approved February 28, 1860. CHAPTER 759. AN ACT conferring certain powers on the Carter County Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1860. County court of Carter coun ty authorized holders of R. R. bonds as to re to contract with demption there of. Vote of the people necessa- contract. § 1. That the county court of Carter county is hereby authorized and empowered to contract with the holder or holders of the Carter county railroad bonds for the redemption thereof, at any price which may be agreed on between said county court and the holder or holders of said bonds; but before said contract shall bind the people of Carter county, the question shall be submitted to a vote of the people of said county, at the next regular election to be ry to ratify the holden in Carter county after said contract shall be entered into, and provided a majority of all the qualified voters of said county shall vote in favor of accepting the contract price agreed on between the county court and the holders of said bonds, such contract shall be thereby ratified and confirmed; but if a majority of all the qualified voters of said county should not be in favor of ratifying such contract, then the same shall be void and of non-effect, as though the same had never been entered into. 2. If, when the polls are compared, it shall appear that a majority of all the legal voters of said county have voted in favor of redeeming their bonds at the price agreed on by the county court as aforesaid, the said county court shall levy and collect an ad valorem tax on all the property in said county subject to taxation under the general laws of the State, sufficient to redeem said bonds and pay off the debt in the manner and in the time agreed upon by said county court and the holders of the bonds as aforesaid. If contract ratified, tax to belevied to pay off the bonds.. County court a sinking fund. § 3. It shall and may be lawful for the county court of Carter county, a majority of all the justices of the peace may establish for said county being present and concurring therein, to establish a sinking fund for said county, for the purpose of paying the annual interest upon the public debt of said county, and liquidating the principal of said debt. Commissioners to be ap To take oath. §4. The county court of said county shall appoint three commissioners of the sinking fund for said county, one of pointed." whom shall be appointed treasurer of said fund. The said commissioners shall have control of said sinking fund, and shall faithfully devote it to the purposes aforesaid. The said commissioners shall, before they enter upon the discharge of their duties, in the county court of Carter county take an oath to faithfully discharge the duties of their office. The treasurer shall, before he enters upon the duties of his office, enter into a covenant in the county court of Carter give bond. county, with good security to be approved of by said county, and to the said court, faithfully to keep, account for, and pay over to the proper person entitled thereto, the moneys belonging to said fund; and upon which any person injured Treasurer to 1860. tax may be an and paid into by a breach thereof may sue and recover damages in any court having jurisdiction thereof. § 5. The county court of said county shall have authorAd valorem ity to levy and collect annually, an ad valorem tax upon all nually levied the property in said county subject to taxation under the sinking general laws of this Commonwealth, for the purposes indicated in the second section of this act, which shall be paid into the sinking fund of said county for the purposes aforesaid. the fund. § 6. The sheriff of the county of Carter shall collect the annual tax aforesaid, and pay the same over to the treasurer of the sinking fund, at the same time that he is required to collect and pay over the other revenues of said county. The said sheriff shall, in the Carter county court, at the same time that he is required to execute bond as collector of said county, execute a bond with good security, to be approved of by the said court, faithfully to collect, account for, and pay over the tax aforesaid; and for a breach of which any person injured thereby may, by appropriate action thereon in any court having jurisdiction thereof, recover damages for any such breach. Approved February 28, 1860. CHAPTER 763. AN ACT to prescribe the times of holding the Spring and Summer terms of the Franklin Circuit Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter the spring term of the Franklin circuit court shall commence on the third Monday in the month of February of each year, and shall continue twelve juridical days, if the business require it. § 2. That there shall be held for the said county of Franklin a summer term of said court, to commence on the fourth Monday in the month of June of each year, and continue twelve juridical days, if the business require it. §3. That this act shall take effect from and after the 1st day of May, 1860. Approved February 28, 1860. CHAPTER 764. AN ACT to amend Part 3, Title 13, of the Civil Code of Practice. Be it enacted by the General Assembly of the Commonwealth of Kentucky. 1860. Stanton's § 1. That the evidence of non-resident witnesses may Civ. Code Prac, also be perpetuated. § 2. That the provisions of part 3, title 13, of the Civil Code of Practice, shall govern the proceedings in such cases: Provided, That the person or persons desiring to perpetuate such evidence shall, in addition to the statements therein required, also state that the witness or witnesses whose evidence he or they desire to perpetuate is a non-resident of this State: And provided further, That the deposition or depositions, when completed, together with the affidavit, order, notice, and proof of service, shall be filed in the clerk's office of the circuit court of the county in which the adverse party resided at the time of taking said depositions: And provided further, That when the trial is not in the circuit court of the county in which the deposition or depositions are filed, a certified copy thereof and of the affidavit, order, notice, and proof of service, may be read as evidence by either party, when the witness or witnesses are still non-residents of this State; or if residents of this State, and of sound mind, where his, her, or their attendance for oral examination cannot be required. § 3. This act shall take effect from its passage. Approved February 28, 1860. p. 255. Statement to be made in propetuate testi ceedings to per mony. 1 Proviso. CHAPTER 793. AN ACT to amend the law, approved February 16, 1858, relating to the Board of Supervisors. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1857-8, p. 65. Supervisors of tax to make liver them to stable, to serve notice on each out lists and de sheriff or con person who is § 1. That chapter 657 of the acts of session 1857-8, and 1st Sess. Acte, approved February 16, 1858, be amended so as to require the board of supervisors, before they shall raise the value on any property assessed, it shall be their duty to make out a list of the names of all the persons whose property, or any part of it, in their opinion, has been assessed too low, as appears on the assessor's books, and furnish a copy of the proposed change of the list so made out to the sheriff charged or any constable or other person that they may depute, to serve a notice on each person or their representative, which notice shall contain its proposed change; whose name may be furnished to appear before them at their county seat, on the most convenient day to which they shall have adjourned, to show cause, if any, why the increased valuation shall not be made. with giving in his list too low. 1860. Proviso. Persons ag apply to co. c't. grieved may § 2. Provided further, That a reasonable length of time shall be allowed for the serving of notice; and in case any of the persons to be summoned, or their representatives, cannot be found, then the board may proceed to consider their case from the best evidence before them. The same fee shall be allowed for serving of notice that is now allowed by law in other cases, to be paid by the county, and levied for at the next court of claims. > § 3. That when any person shall feel aggrieved by the valuation of his or her taxable property by an assessor or the board of supervisors, such person or persons shall have the right to apply to the county court where he or she may reside to have the list or valuation corrected; and if the court shall be satisfied that any injustice has been done, the court shall correct such valuation or listing. § 4. This act shall take effect from its passage. Approved February 28, 1860. ments of deeds, made before gusta legalized. CHAPTER 810. AN ACT to legalize acknowledgments of deeds, &c., taken before T. C. Hamilton, Jos. Doniphan, and V. Weldon, Mayors of the city of Augusta, Bracken county. WHEREAS, It is represented to this General Assembly that a large number of deeds, mortgages, and other written instruments, have heretofore been acknowledged by the parties thereto, before T. C. Hamilton, Joseph Doniphan, and Vachel Weldon, mayors of the city of Augusta, since the passage of the charter of said city, which deeds and other writings have been admitted to record in the proper office in Bracken county and elsewhere; and whereas, doubts have existed, and do now exist, as to the power of said mayors to take said acknowledgments; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all acknowledgments of deeds, mortgages, and other writings heretofore taken before T. C. Hamilton, Acknowledg Joseph Doniphan, and Vachel Weldon, mayors of the city &c., heretofore of Augusta, be, and the same are hereby, legalized, and mayors of Au- such acknowledgments shall have the same effect, in all respects whatever, as if they had been made before the clerk of the county court of Bracken county; and certified copies of such instruments shall be entitled to the same faith and credit, as evidence in all courts and other places, as like copies of writings acknowledged before said clerk: Provided, That nothing in this act shall be so construed as to legalize any acknowledgments which would not have been valid if made before the clerk of said county court. § 2. This act shall take effect from and after its passage. Approved February 28, 1860. Proviso. |