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CHAPTER 1002.

AN ACT authorizing persons confined in jail for fines to replevy the same before Circuit Court Clerks.

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

§ 1. That in all cases where any person is confined in any of the jails of this Commonwealth for the non-payment of fines, it shall and may be lawful for the clerk of the circuit court of the county where such person is confined to take bond from such person, with good and sufficient security, for the payment of such fine. The bond shall be for the same time, and in substance the form, and have the same force as replevin bonds. The clerk shall have fifty cents for taking the bond, which shall be taxed and included in said bond as part of the cost. The defendant so replevying the fine shall be discharged by the jailer, if detained for no other cause.

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

Approved March 1, 1860.

1860.

Fines may be

replevied.

CHAPTER 1004.

AN ACT authorizing the County Court of Ohio county to levy an additional tax for county purposes.

WHEREAS, It is in view to build a new court-house, jail, and public offices in the county of Ohio, and as it will require more money than can well be appropriated out of the current resources of the county,

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

§ 1. That the county court of Ohio county (a majority of the justices of said county being present and concurring therein) be authorized and empowered, in addition to the present county levy, to levy, for the purposes aforesaid, an ad valorem tax of not exceeding ten cents on the one hundred dollars' worth of taxable property, and a poll tax of not exceeding seventy-five cents on each tithe in said county, to be collected and accounted for by the same officer, and in the same manner, as the present county levy and revenue.

§ 2. That the order of said county court, at its last November term, laying the county levy for the year 1860, be rescinded; and the county court is authorized to relay the same.

§3. That the provisions of this act shall continue in force for six years after the first levy.

§ 4. That this act take effect from its passage.

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Approved March 1, 1860.

1860.

risdiction of

Court of Ap peals extended.

CHAPTER 1005.

AN ACT to amend the Criminal Code of Practice.

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

§ 1. That the court of appeals shall have appellate jurisAppellate ju- diction in all prosecutions for misdemeanors, except where the only punishment is either a fine of fifty dollars, or not exceeding that amount, or imprisonment not exceeding thirty days, or both fine and imprisonment not exceeding the amounts above specified.

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

Approved March 1, 1860.

Code Practice, p. 286.

Constable may turning war'nt ant's district.

be fined for re

out of defend

CHAPTER 1007.

AN ACT to amend an act, entitled "An act to amend section 832, Civil Code

of Practice."

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

§ 1. That an act, entitled "An act to amend section eight Stanton's Civil hundred and thirty-two, of chapter three, and article one, Code of Practice," approved February 16, 1858, be amended as follows, to-wit: Any constable who shall hereafter return any summons or other process returnable before a justice of the peace, in any other district than that in which the defendant resides at the date of such return, shall be fined for each offense the sum of twenty dollars, to be recovered by indictment in the city court of Louisville. All Judgments in judgments which may be hereafter rendered by a justice of such cases of the peace against defendants who do not reside in the disturns to be trict of such justice of the peace when judgment may be

wrongful re

null and void.

Proviso.

Proviso.

rendered, or did not reside in such district when process
was served, shall be null and void. If, however, the justices
in the district of the defendant's residence are both inter-
ested in the subject of the suit, or refuse to act, it shall be
the duty of the constable to return the summons in an
adjoining district, with such facts indorsed thereon; and
thereupon, and not otherwise, judgment may be rendered
as if such defendant resided in said district: Provided, how-
ever, That this act shall only apply to the city of Louis-
ville.

§ 2. This act shall take effect from its passage.
Approved March 1, 1860.

CHAPTER 1008.

AN ACT fixing the time of holding the Quarterly Court of the county of
Daviess.

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

§ 1. That the quarterly court of the county of Daviess shall commence its terms on the first Mondays in February, May, and November, and the first Tuesday in August, each year, and continue in session from day to day until the business in said court shall be disposed of.

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

Approved March 1, 1860.

1860.

CHAPTER 1013.

AN ACT to repeal so much of an act, entitled "An act to create the fourteenth judicial district," as applies to the county of McLean.

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

§ 1. That so much of the fifth section of an act, entitled "An act to create the fourteenth judicial district," approved February 17, 1860, as authorizes the qualified voters in the county of McLean to vote for judges and Commonwealth's attorneys, be, and the same is hereby, repealed.

§ 2. This act to take effect from and after its passage. Approved March 1, 1860.

CHAPTER 1025.

AN ACT for the benefit of the Kentucky Institution for the Education of the
Blind.

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

$15,000 appro

That the sum of fifteen thousand dollars be, and the same is hereby, appropriated to the Kentucky Institution for the priated. Education of the Blind, to be paid to the board of visitors thereof, to enable them to inclose the grounds of said institution with a substantial fence; to erect a work-shop for the male pupils; to purchase an organ; to paint the interior of the main edifice of said institution, and finish the public hall and sleeping rooms thereof, in accordance with the original plan of said edifice, as approved by the Governor of this Commonwealth, in the year 1852, and by the board of commissioners appointed by the Governor, in accordance with legislative enactment, to recommend a plan of a suitable building for the Institution for the Blind. Approved March 1, 1860.

1860.

Appropriation

to pay for copy

ing laws to be

furnished Stan ton.

CHAPTER 1026.

AN ACT to compensate the Secretary of State for copying the laws of the present session for publication in Stanton's edition of the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the Secretary of State be, and he is hereby, allowed the sum of fifteen cents for each and every page of foolscap writing he may necessarily have to do, in complying with the act, entitled "An act directing the purchase of Stanton's edition of the Revised Statutes for the use of the Commonwealth ;" and when he shall have completed the copying of the laws directed by said act, the Governor of the State shall certify the number of pages for which he is entitled to pay, to the Auditor of Public Accounts, who shall issue his warrant upon the treasury for the amount thereof.

Approved March 1, 1860.

CHAPTER 1031.

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

§ 1. That an act, approved March 4th, 1854, fixing the time for holding the quarterly courts in Lyon county, is hereby repealed, and that hereafter said courts shall be held the second Mondays in March, June, September, and December.

§ 2. This act shall be in force from its passage.

Approved March 1, 1860.

sons to contrib

of prosecuting suits.

CHAPTER 1049.

AN ACT to provide compensation to one or more persons who may prosecute suits for the benefit of themselves and others.

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

§ 1. That where suits are brought for the settlement of Certain per- estates, or for the recovery of money or property held in ute for expens-joint tenancy, coparcenary, or as tenants in common, and es and trouble it shall be made to appear that one or more of the legatees, devisees, distributees, or parties in interest, have prosecuted and carried on the suit for the benefit of others interested with themselves, and have been at trouble and expense in conducting the same, it shall be the duty of the court to allow such person or persons reasonable compensation for

such trouble, and for necessary expenses, in addition to the fees and costs now by law taxable in the bill of costs; said allowance to be paid out of the funds recovered, before distribution is made of the same: Provided, That the persons interested shall have notice of the application for such allowance.

§ 2. This act shall apply to all actions now pending, and shall take effect from and after its passage.

Approved March 1, 1860

1860.

CHAPTER 1053.

AN ACT to amend section 20 of the Civil Code of Practice.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

§ 1. That the circuit courts of this Commonwealth shall Stanton's Civ. have appellate jurisdiction of the judgments and final orders

of the county courts in cases of bastardy.

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

Code Prac., p.

Approved March 1, 1860.

CHAPTER 1057,

AN ACT changing the terms and times of holding the Circuit Courts in the
Twelfth Judicial District.

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

§1. That the circuit courts in the twelfth judicial district of Kentucky shall hereafter be held at the several courthouses as now held, and at the times and for the number of days each as hereinafter specified.

§2. In the county of Rockcastle, on the last Mondays in February, and continue twelve juridical days, and on the Thursdays succeeding the first Monday in August, and continue nine juridical days.

In the county of Laurel, on the second Monday in March, and continue twelve juridical days, and on the third Monday in August, and continue six juridical days.

In the county of Whitley, on the fourth Mondays in March and August, and continue each term twelve juridical days.

In the county of Knox, on the Mondays succeeding the close of the Whitley courts, and continue each term twelve juridical days.

In the county of Harlan, on the fourth Mondays in April and September, and continue six juridical days each term; and when there are five Mondays in either of said months, then said court shall be for twelve juridical days.

Rockcastle.

Laurel,

Whitley.

Knox.

Harlan,

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