by law, or shall, on account of any vote that a voter may give at any election in this Commonwealth, use any violence to such voter's person, family or property, he or they shall be guilty of a misdemeanor, and, on conviction thereof, be fined not less than one hundred dollars, or imprisoned not less than one month nor more than one year, or both so fined and imprisoned, at the discretion of the jury. 2. This act shall take effect from its passage. Approved April 9, 1873. An Act to prohibit partnerships to practice law between circuit, chancery, and criminal court clerks and county court clerks. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall hereafter be unlawful for any partnership to exist for the purpose of practicing law between the clerks of any circuit, chancery, or criminal court of this Commonwealth, and the clerk of any county court. 2. Any persons forming or continuing any partnership contrary to the provisions of this act, shall be guilty of a misdemeanor, and, on conviction, fined not more than five hundred dollars nor less than two hundred dollars, for each offense. 3. This act to take effect thirty days after its passage. Approved April 11, 1873. An Act for the protection of bee-keepers in this Commonwealth. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, If any person, on lands or premises not in his possession or occupation, shall lay or expose any poisonous substance, with intent to destroy honey-bees, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than fifty dollars. 2. This act shall take effect and be in force from and after its passage. Approved April 11, 1873. An Act to amend chapter twenty-eight of the Revised Statutes, title “Crimes and Punishments.” 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if any person shall send, circulate, exhibit, or put up any threatening notice or letter, signed with such person's own or another's name, or anonymously, he shall, on conviction thereof, be fined not less than one nor more than five hundred dollars, and imprisoned in the county jail not less than three months. 2. If any two or more persons shall confederate or band themselves together, for the purpose of intimidating, alarming, or disturbing any person or persons, or to do any felonious act, they or either shall, on conviction thereof, be confined in the penitentiary not less than six nor more than twelve months, or, in the discretion of the jury, fined not less than one hundred nor more than five hundred dollars, and imprisoned in the county jail not less than three nor more than six months. 3. If two or more persons shall unlawfully confederate or band together, and go forth armed or disguised, they shall each, on conviction thereof, be imprisoned in the penitentiary not less than six nor more than twelve months, or fined, in the discretion of the jury, in a sum not less than one hundred nor more than five hundred dollars, and imprisoned in the county jail for a period of not less than three nor more than six months. 4. If any injury shall result to the person or property of any person or persons by reason of any unlawful acts denounced in the preceding sections of this act, the person or persons engaged or participating, or any one of them, in such unlawful act or acts, shall, on conviction thereof, be confined in the penitentiary for a period of not less than twelve nor more than eighteen months, in the discretion of the jury. 5. For the purpose of more effectually enforcing the provisions of this act, the Governor is hereby authorized and directed, upon the presentation of evidence, made under oath, satisfactory to him, that there has been a violation of the fourth section of this act, to offer a reward of not less than one hundred and not more than five hundred dollars, for the apprehension and conviction of each of the offenders. 6. It shall be the duty of the several sheriffs and other peace officers of this Commonwealth, upon information furnished them by written affidavit, made before any officer of the county authorized to administer an oath, setting forth that said person or persons know, or have reasonable grounds to believe, that two or more persons, disguised or otherwise, bearing arms or deadly implements of any character, have, within twenty-four hours preceding the time of the making of such affidavit, visited any house, or were seen in any neighborhood, disguised and bearing arms or other deadly implements, with a view of injuring, alarming, or intimidating any citizen of said neighborhood, or that any citizen of said neighborhood has, within said period of time, received any injury to his person or that of any member of his family, or to his property, by reason of the act or acts of any two or more persons, confederated or banded together, in disguise or otherwise, for any unlawful purpose, to summon a posse comitatus of not more than ten persons, good and true men, and forthwith repair to such neighborhood, where he may summon an additional posse of not more than twenty-five other persons, from the law-abiding citizens of said neighborhood, and with the entire posse so summoned shall at once proceed to exercise all possible diligence and energy for the discovery and arrest of all such offenders against the law; and to this end the sheriff and his posse shall have power to pursue and arrest any and all such offenders beyond the boundaries of his county, into any other county of this Commonwealth, whenever he has reasonable grounds for believing that such offenders, or any of them, reside in, or have fled to, such other county; and it shall be his duty, immediately after making such arrests or arrest, to carry the persons or person so arrested before any magistrate of the county where the offenses or offense was committed, to be dealt with according to law. 87. If any sheriff or other peace officer shall refuse or fail to discharge any of the duties imposed upon him by the provisions of this act, he shall, upon conviction thereof, be fined in any sum not less than fifty nor more than five hundred dollars, for each separate offense; and if any person summoned by the sheriff, or any other peace officer, as a member of his posse, shall refuse or fail to obey said summons, without good and sufficient cause, he shall, on like conviction thereof, be fined any sum not less than thirty nor more than three hundred dollars. 8. In any prosecution under this act it shall be no exemption for a witness that his testimony may criminate himself; but no such testimony given by the witness shall be used against him in any prosecution except for perjury; and he shall be discharged from all liability for any violation of this act so necessarily disclosed in his testimony. 9. This act shall take effect from and after its passage. Approved April 11, 1873. An Act for the protection of property on Tennessee river. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be unlawful for the master, or any other officer in charge of or employed on any steamboat navigating the Tennessee river, to take any cord-wood from the bank or from any wood-boat, in the absence of the owner or person having charge of said wood, without leaving, in a prominent and conspicuous place, on such wood-boat or bank, a written notice, signed by the clerk or master of the steamer, specifying the amount of wood taken, and the day when taken, together with the name of the steamboat. 2. Any master, clerk, or other employee of such steamboat, failing to comply with the provisions of the above section, shall be deemed guilty of a felony, when the value of the wood so taken shall be four dollars or more in gold, and shall be confined in the penitentiary not more than two and not less than one year, and shall be guilty of a misdemeanor when the value of the wood so taken shall be of less value than four dollars, and shall be fined from fifty to two hundred dollars, in the discretion of the court or jury trying the case. 3. This act shall take effect sixty days from and after its passage. An Act to protect graveyards and cemeteries. Approved April 19, 1873. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be unlawful for any person having charge of any cemetery or graveyard, incorporated by any law of this Commonwealth, to suffer or permit any person to pasture or graze any horses, cattle, or stock of any kind whatever, within any inclosure or grounds belonging to said corporation. 2. Any person violating this law shall be fined in any sum not less than ten nor more than one hundred dollars, recoverable before any justice of the peace or other court having jurisdic tion thereof. 3. Any superintendent or other person in charge of any such cemetery or graveyard, permitting or committing any violation of this act, shall be removed from his position by the trustees thereof. 4. This act shall be in force from its passage. Approved April 21, 1873. I R. S., 416. to be offered. CHAPTER 30. CURRENCY. Penalty for unlawful making, &c. § 1. It shall not be lawful to make, offer to pay, or pass, or offer to pass, any note, bill, order, or other thing passing rated banks only by delivery, as a circulating medium, in lieu of or as the representative of money, unless it be the note or bill, of not less than five dollars, of some banking institution, legally incorporated, in the United States, or currency of the United States. If a note, bill, order, or other such thing be of the denomination of less than five dollars, it shall be presumed to have been made, paid, or passed, or offered in violation of this section, unless the contrary be shown. note or bill, and the same, liable to the holder. § 2. Every party to any such note, bill, order, or other Parties to such thing, and every person passing the same, and every person person passing who shall make, pass, circulate, or in any way aid in making, passing, or circulating any such note, bill, or order, or other thing, shall be imprisoned not more than six months, or fined not less than ten or more than five hundred dollars, or both so fined and imprisoned. monwealth's attorney. § 3. The attorney for the Commonwealth may, by petition Duty of Com- in equity, supported by affidavit, without surety, obtain an injunction or restraining order against any person or corporation, for an apprehended violation of this chapter, who may be violating or preparing to violate it, and the court shall enforce obedience to its order by fine or imprisonment, or both. order against any corporation. 4. He may obtain a like order against any person or May obtain like Corporation in this State, acting as the agent of any foreign company or corporation, for the redemption of its bills or notes within this State; and every person or corporation, so acting as such agent, shall be fined for each offense from one hundred to one thousand dollars. posit or stock. 5. Certificates of deposit, or of stock, issued in such Certificate of de- form or manner as to pass by delivery, or to circulate from one to another like money or bank notes, shall be deemed to be within the prohibition of this chapter. Corporations, unless authorized, not to loan § 6. No corporation, not expressly authorized by law of money or deal in this State, shall loan money, discount any evidence of debt, stocks. or deal in the buying and selling of exchange. Every person acting as an officer, servant, or agent of a corporation, who shall aid such corporation in a violation of this section, shall, for every such offense, be fined from fifty to five hundred dollars. All contracts made in violation of this section shall be void, and all money paid by way of interest, discount, or for difference of exchange, in violation thereof, may be recovered back by the party paying, or his creditor. 7. Nothing in the last section shall preclude any corporation from receiving notes, bonds, or bills in payment of pre-existing liabilities, or as collateral security for any debt, or preclude any corporation, chartered by this State, from purchasing exchange for remittance in the regular course of its proper business, or from selling it when so received. CHAPTER 31. DESCENT, DISTRIBUTION, EXEMPT PROPERTY, AND ADOPTION. Who shall take by descent. § 1. When a person having right or title to any real estate 1 R. S., 419. of inheritance shall die intestate as to such estate, it shall descend in parcenary to his kindred, male and female, in the following order, except as otherwise herein provided, viz: Ist. To his children and their descendants; if none (a), then 2d. To his father and mother, if both are living, one moiety each; but if the father be dead, then the mother, if living, shall inherit one moiety, and the other moiety shall descend to the brothers and sisters and their descendants; if the mother be dead, then the whole estate shall pass to the father; if no father nor mother, then 3d. To his brothers and sisters and their descendants; if none, then 4th. One moiety of the estate shall pass to the paternal and the other to the maternal kindred, in the following order: 5th. First to the grandfather and grandmother equally, if both be living; but if one be dead, then the entire moiety shall go to the survivor; if no grandfather or grandmother, then (a) The expressions "children," used in subsection one, and "issue," used elsewhere in this chapter, are not necessarily confined to children or issue born in lawful wedlock, but include all such as by law are capable, or rendered capable, of inheriting. (2 Bush, 157, Drane, &c., vs. Violett, &c.) GEN. STAT.-24 1 R. S., 420. When per stirpes 6th. To the uncles and aunts and their descendants; if none, then 7th. To the great-grandfathers and great-grandmothers in the same manner prescribed for grandfather and grandmother in subsection five; if none, then 8th. To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in other cases without end, passing to the nearest lineal ancestors and their descendants as herein prescribed. 9th. If there is no such kindred to one of the parents, the whole shall go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the husband or wife of the intestate; or, if the husband or wife is dead, to his or her kindred, as if he or she had survived the intestate and died entitled to the estate. § 2. When any or all of a class first entitled to inherit are dead, leaving descendants, such descendants shall take, per stirpes, or by stocks-that is to say, by representation-the share of their respective deceased parents. § 3. Collaterals of the half-blood shall inherit only half so Collaterals of the much as those of the whole-blood, or as ascending kindred, when they take with either. half-blood. § 4. In making title by descent, it shall be no bar to a party that any ancestor, through whom he derives his dean alien, no bar scent from the intestate, is or has been an alien. 1 R. S., 421. Ancestor being to heir at law. herit from the mother and from one another. § 5. Bastards shall be capable of inheriting and transmitBastards may in- ting an inheritance, on the part of or to the mother; and bastards of the same mother shall be capable of inheriting and transmitting an inheritance on the part of each other, as if such bastards were born in lawful wedlock of the same parents. (a) of wedlock may cases. § 6. If a man having had a child by a woman shall afterA child born out wards marry her, such child, or its descendants, if recognized inherit in certain by him before or after marriage, shall be deemed legitimate. 7. Any person born of his widow within ten months after the death of the intestate, shall inherit from him in the same manner as if he were in being at the time of such death. Posthumous child to inherit. Estate, the gift of a parent, to pass to donor. § 8. When a person dies intestate, and without issue, (a) Bastards can only inherit from the mother or from bastard brothers and sisters of the same mother. Cannot inherit from the brother of the mother, she having died first. (Allen vs. Ramsey's heirs, 1 Metcalfe, 636. See also 2 Dana, 363, and 8 B. M., 606; see also Berry vs. Owens' heirs, 5 Bush, 452. As to the rule of descent under section nine of this chapter, see Talbotts's heirs vs. Talbott's heirs, 17 B. M., 9; 18 B. M., 863.) |