the same is hereby, remitted: Provided, however, That said principal, interest, &c., shall be paid within sixty days from the passage of this act. 1874. under act. § 2. That it shall be the duty of the Auditor of Public Duty of Auditor Accounts to allow said Lewis F. Marshall a credit for the amount of the Auditor's list returned delinquent by him after the rendering of the said judgment; also for the amount of the delinquent list returned for the year 1872, or as much thereof as may be legal and just under existing laws. §3. This act shall be in full force and effect from its passage. Approved December 20, 1873. CHAPTER 35. AN ACT providing that the failure of the sheriff of McCracken county to execute bond for the collection of the revenue shall not forfeit his office of sheriff. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Failure to give bond to collect revenue not to office. §1. That section one, article eight, chapter ninety-two, of the General Statutes, be so amended that a failure or refusal of the sheriff of McCracken county to execute work forfeiture of bond, with surety, as is now required by law for the collection of the revenue, shall not forfeit his office of sheriff of said county; but he shall not collect the revenue without giving the bond now required by law. § 2. This act shall be in force until the first day of January, 1875, and no longer. 3. This act shall take effect from its passage. Approved January 13, 1874. CHAPTER 37. AN ACT to increase the jurisdiction of justices of the peace in Logan county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That justices of the peace in the county of Logan shall have jurisdiction concurrent with the quarterly and circuits courts in said county of all actions and proceedings for the recovery of money or personal property, when the matter in controversy does not exceed one hundred dollars in value, exclusive of interest and costs. Jurisdiction increased to $100. 1874.' Tax assessed on actions, and how disposed of. oral. § 2. That on each action or proceeding, where the amount in controversy, exclusive of interest and cost, exceeds fifty dollars, a tax of fifty cents shall be paid by the plaintiff, and taxed as costs; which tax shall be accounted for by the justice as judges of the quarterly courts are now required by law to account for the taxes collected by them. § 3. The pleadings may be oral, and without verificaPleadings to be tion; but before the summons is issued, the plaintiff shall file with the justice the account or the written contract, or a short written statement of the facts on which the action is founded. § 4. This act shall take effect and be in force from its passage. [Became a law without the Governor's signature, January 10, 1874.] separately from CHAPTER 38. AN ACT for the benefit of Harrison Lay, of Breckinridge county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Harrison Lay, a citizen of the county of May keep bar Breckinridge, and town of Stephensport, in this State, be, and he is hereby, authorized and empowered to keep his grocery and bar-room in an out-building on his tavern premises, but not adjoining the main building thereon. tavern. To remain subject to penalty for violating law. § 2. That nothing in this act shall be construed to exempt.said Lay, on account of this privilege being granted to him, from the pains and penalties provided by law for violation of any of the statutes inflicting pains and penalties for the improper or unlawful vending of ardent spirits. §3. This act to take effect and be in force from and after its passage. [Became a law without the Governor's signature January 10, 1874.] CHAPTER 39. AN ACT to amend the charter of the town of Sharpsburg, in Bath county, approved January 9, 1852. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the charter of the town of Sharpsburg, in Jurisdiction of Bath county, approved January 9, 1852, is hereby so amended that the police judge of said town shall hereafter have jurisdiction in civil cases and proceedings police judge increased. where the defendant or one of the defendants, if more than one resides in the Sharpsburg election district, in said county, concurrent with the Bath quarterly and circuit courts, where the amount in controversy, exclusive of interest and costs, exceeds fifty dollars and is under one hundred dollars. 1874. Pleadings to be oral-where ap § 2. That the pleadings in said court shall be oral and regulated by the Civil Code; and all appeals from the peals to lie. judgment of said judge shall be taken directly to the circuit court of said county, where the amount in controversy, exclusive of interest and costs, exceeds ten dollars. § 3. That before a summons shall be issued on a claim before said judge exceeding fifty dollars, exclusive of interest and costs, a tax of fifty cents shall be paid to said judge, to be taxed as costs, and said judge shall report and account for such tax as required by law in the collection of fines due the Commonwealth. § 4. That the terms of said court shall be fixed by the judge of said court, and held quarterly. Notice of the time and place of holding said courts, or any alteration thereof, shall be advertised by printed advertisements posted in five or more public places in said district sixty days before the beginning of any term so fixed or altered by said judge. § 5. Said judge shall keep a well-bound judgment and execution book, to be paid for by the trustees of the town. § 6. That this act shall take effect from its passage. Approved January 13, 1874. Actions for $50 and over to be taxed. How tax to be disposed of. Terms of courtwhat notice to be given. by whom fixed Judge to keep record. CHAPTER 40. AN ACT for the benefit of John H, Bush, of Hardin county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the Auditor be, and he is hereby, directed to issue his warrant on the Treasurer in favor of John H. Bush, of Hardin county, committee for Columbus Slater, a pauper lunatic of said county, for the sum of one hundred and five dollars and ninety-four cents ($105 94), for keeping and providing for said lunatic from the third day of April, 1872, to the fourteenth day of October, 1873. § 2. This act to take effect from its passage. Approved January 10, 1874. 1874. CHAPTER 41. AN ACT to apply to Fayette and Jessamine counties the provisions of an act approved March 5, 1872, entitled "An act to authorize the county courts of Nicholas and Bourbon counties to compel persons to keep stock off of public roads.". Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the provisions of an act, approved March 5, 1872, entitled "An act to authorize the county courts of Nicholas and Bourbon counties to compel persons to keep stock off of public roads," be, and the same are hereby, made to apply to Fayette and Jessamine counties in the same manner as to the other counties named in the said act. § 2. This act shall take effect from and after its pas sage. Approved January 13, 1874. CHAPTER 43. AN ACT for the benefit of W. H. Hamilton. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be directed to issue his warrant upon the Treasurer to W. H. Hamilton, late sheriff of Larue county, payable out of any money in the Treasury not otherwise appropriated, for the sum of six hundred and twenty-seven dollars and thirty-two cents ($627 32), being the amount of damages, &c., paid by said Hamilton into the Treasury for failure to pay the revenue due from the county of Larue for the years 1871 and 1872. § 2. This act to take effect from its passage. Approved January 10, 1874. CHAPTER 44. AN ACT for the benefit of the litigants in the Fayette circuit court. WHEREAS, The Hon. Charles B. Thomas, late judge of the Fayette circuit court, departed this life, leaving the November term, 1873, of said court unfinished; and whereas, according to the existing law, there is no power in his successor to sign bills of exceptions in cases tried before the said Thomas during said term; now, therefore, for the remedy whereof, Be it enacted by the General Assembly of the Commonwealth of 1874. Kentucky: Present judge empowered to discharge all functions of de ceased judge. § 1. That the present judge of the Fayette circuit court is hereby empowered to sign all bills of exceptions in cases in which trials were had during the November term, 1873, of the said court before the late judge thereof, in which the late judge had not signed said bills; and in order that the judge of said court may be enabled to certify correctly the evidence in said actions, he may, if necessary, cause the witnesses to be brought Mode of proceedbefore him, and reduce their evidence to writing; and ure under act. in case any witness who testified at any of such trials cannot be procured, and the counsel in such cause differ as to the testimony of such witness, the judge shall certify that fact; and any one or more of the counsel engaged in such action may certify, on his or their professional honor, the evidence of such witness, as it was given at the trial, and such certificate or certificates shall be a substitute for the certificate of the judge as to the evidence of said witness, and shall constitute a part of the bill of exceptions. Bills of exceptions to be of full §2. Such bills of exceptions shall, when so signed, be of the same effect and have the same validity as if signed effect. by the judge who presided at the trial; and any and all bills, which may have been signed by said judge before the passage of this act, are hereby declared to be as legal and valid as if they had been signed after the passage of this act. § 3. This act shall take effect from and after its passage. Approved January 7, 1874. CHAPTER 45. AN ACT for the benefit of F. K. Beaven, sheriff of Marion county, and securities. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the principal, interest, costs, and Attorney General's fee having been paid by F. K. Beaven, sheriff of Marion county, the balance of the judgment rendered against him and securities, in the Franklin circuit court, on account of the revenue of 1872, be, and the same is hereby, remitted. §2. This act shall take effect from its passage. Approved January 10, 1874. |