CHAPTER 106. AN ACT to change the time of holding the Hart county quarterly courts. § 1. That the Hart county quarterly courts shall hereafter be held as provided for by the General Statutes, all other acts to the contrary notwithstanding. § 2. This act to take effect from its passage. Approved January 24, 1874. 1874. Hart quarterly court. CHAPTER 109. AN ACT to amend section six of chapter thirty, General Statutes. WHEREAS, Doubts have arisen as to the right of corporations organized under the laws of this State or other States, or of the United States, to make loans in this State. either of gold or silver coin, or currency, commonly called United States legal tender notes, or notes of solvent banks organized under an act of Congress, entitled "An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved 3d June, 1864, and amendments thereto. Now, for remedy thereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all such loans as named in the preamble of this act shall be deemed legal and valid for all purposes, whether made before or after the passage of this act, and such contracts may be enforced by any court of competent jurisdiction according to their tenor: Provided, That no greater rate of interest shall be collected thereon than allowed by law at the making of the same. § 2. This act takes effect from its passage. See General Statutes, page 368. Approved January 24, 1874. CHAPTER 110. AN ACT, entitled "An act to change the time of holding the Lee county and quarterly courts." Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That hereafter the county courts of Lee county shall be Lee county court. held on the fourth Mondays in each month, and continue at each term so long as the business of the court may require. §2. That the quarterly courts of said county shall be held on the Tuesdays after the fourth Mondays in March, June, September, and December. Lee quarterly court. 1874. §3. This act shall take effect and be in force on and after the first day of March, 1874. Approved January 24, 1874. court. CHAPTER 113. AN ACT to change the time of holding the Butler quarterly court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That from and after the April term, 1874, of the ButButler quarterly ler county quarterly court, the terms of said court shall commence on the first Mondays of January, April, July, and October in each year, and continue until the business therein at each is through. § 2. This act shall be in force from its passage. Approved January 26, 1874. County judge, written pe upon tition, to uor in county. sto se of CHAPTER 117. AN ACT to regulate the sale of spirituous, vinous, or malt liquors in this Be it enacted by the General Assembly of the Commonwealth of Kentucky: $1. That it shall be the duty of the judge of the county. court, in each county of this Commonwealth, upon a written order petition, signed by at least twenty of the legal voters in any vote to be taken civil district, town, or city, in his county, to make an order on his order book, at the next regular term of his court after be receives said petition, directing the sheriff or other officer, whose duty it may be to hold the election, to open a poll in said district, town, or city, at the next regular State, town, city, or county election held therein, for the purpose of taking the sense of the legal voters in said district, town, or city upon the proposition whether or not spirituous, vinous, or malt liquors shall be sold therein. § 2. It shall be the duty of the county court clerk to give to the sheriff or other officer, whose duty it shall be to hold the election mentioned in section one of this act, a certified copy of the order of the judge of the county court as it appears on his order-book, within ten days after said order is made. § 3. It shall be the duty of the sherim or other officer, whose duty it may be to hold the election mentioned in section one of this act, to have the order of the judge of the county court published in some weekly or daily paper pub lished in the county, for at least two weeks before the election; and also to advertise the same by printed or written handbills, posted at five conspicuous places in said district, town, or city, for the same length of time; and if there is no daily or weekly newspaper published, in the county, the printed or written handbills posted as before provided for shall be sufficient notice. The sheriff or other officer, whose duty it shall be to hold the election mentioned in section one, shall have the advertisement and notices herein provided for posted as above provided for within ten days after he receives the order of the county judge, and twenty days before the election. 4. It shall be the duty of the sheriff or other officer, whose duty it may be to hold the election mentioned in section one of this act, to open a poll, and the election officers shall propound to each voter who may vote the question, "Are you in favor of the sale of spirituous, vinous, or malt liquors in this district, town, or city?" and his vote shall be entered for or against it, as he directs. The poll shall be returned as the other polls in said election, shall be examined and compared by the same officers. § 5. If it shall be found that a majority of the legal votes cast at the election before provided for were given against the sale of the spirituous, vinous, or malt liquors in the district, town, or city, it shall be the duty of the examining board to certify that fact, which certificate shall be delivered to the clerk of the county court, and by him safely kept until the next regular term of the county court, at which term the judge thereof shall have the same spread on the order-book of his court, and said entry of the certificate in the orderbook, or a certified copy thereof, shall be prima facie evidence in all proceedings under this act. § 6. After the entry of the certificate of the examining board, as above provided for, in the order book of the county court, it shall be unlawful for any person to sell any spirituous, vinous, or malt liquors in the said district, town, or city to any person; and any person who sells any such liquors in said district, town, or city shall, upon conviction, be fined the sum of not less than twenty five dollars nor more than one hundred dollars for each offense. $7. The provisions of this act shall not apply to any man- Exceptions. ufacturer or wholesale dealer, who, in good faith and in the usual course of trade, sells by the wholesale, nor to druggists who sell for medicinal purposes on a prescription made and signed by a regular practicing physician; but no physician shall make or sign any such prescription, except the person for whom it is made is actually sick, and such liquor is absolutely required as a medicine; and any physician who makes or signs any prescription for such liquors, except as provided for in this act, shall be guilty of a violation of this act, and, on conviction, fined twenty-five dollars for each offense. 8. The county judge shall not make the order for the election until the persons signing the petition have deposited with him, in money, an amount sufficient to pay for printing or posting advertisements as provided for, and the fees of the clerk for making entries on the order-book, and other legal fees. $ 9. The election herein provided for shall not be held oftener than every two years; and in towns, cities, and dis 1874. tricts where an election for the purpose and intention of this bill has already been held, no other election shall be ordered until two years from said election. § 10. This act shall take effect from its passage. Approved January 26, 1874. testify as to cer CHAPTER 123. AN ACT to amend the law of evidence. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That no priest, elder, or minister, to whom any comIncompetent for munication, admission, or confession shall be made by any priests, &c., to person, under any promise or advice, or expressed conscious tain communica- belief that the same will redound to the future spiritual bentions made to efit of such person, shall be competent to testify to the same, in any court or trial, without the consent of such person in open court. them. Approved January 28, 1874. torney General & Treasurer. CHAPTER 127. AN ACT to amend section two, article six, chapter fifteen, General Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That postage shall be paid, under the provisions of the Postage for At first article of this chapter, upon ali letters, packages, or other communications sent by mail or otherwise, by or from the Attorney General and State Treasurer, upon public business connected with the official duties of each of said officers. § 2. This act shall take effect from its passage. Approved January 29, 1874. court. CHAPTER 130. AN ACT to change time of holding the September term of Shelby county quarterly court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the September term of the quarterly court of Shelby quarterly Shelby county shall commence on the fourth Monday of said month, instead of the first Monday, as now provided by law. § 2. This act to be in force from and after its passage. Approved January 29, 1874. CHAPTER 134. AN ACT to provide for the registration of marriages, births, and deaths. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1874. Clergymen to marriages. § 1. That it shall be the duty of all clergymen or other persons who shall hereafter celebrate or perform the marriage keep registry of ceremony within this Commonwealth, to keep a registry of all marriages celebrated by them, showing the names, ages, residence, and place of birth of the persons married, whether they were single or widowed, and the time of the marriage. 2. It shall be the duty of all physicians, surgeons, and midwives, to keep a registry of all births and deaths at which they have professionally attended, showing, in cases of birth, the time and place of birth, name of the father, and maiden name of the mother, and their residence, sex, and color of the child, together with its name, if it shall receive one, and whether it was born alive or dead; and showing, in cases of death, the time, place, and cause of death, the name, age, sex, color, and condition (whether single, married, or widowed), name and surname of parents, occupation, residence, and place of birth of the deceased: Provided jurther, That when two or more physicians, surgeons, or midwives may have attended professionally at any birth or death, that physician, surgeon, or midwife who is oldest in attendance shall make the registry. 3. It shall be the duty of the clergymen, physicians, &c., above named. to deposit in the county clerk's office of the counties in which such births, &c., occur, on or before the 10th day of January, in every year, the said registry, or a copy thereof, embracing the period of one year, ending on the 31st day of December last preceding the time of deposit; and the clerk shall deliver copies of the same to the assessor. Physicians, mid wives, &c., to keep registry of births, &c. Registry or copy of it to be deposited in county court annually. Assessors to make registry & courts; clerks to transmit § 4. It shall be the duty of the assessors, while making their lists of taxable property, to ascertain and record in a list вер- return same to arate from the list of taxable property, all the births, mar- county riages, and deaths which shall have occurred within their copies of registry respective counties in the twelve months ending on the 31st to Auditor. day of December last preceding the time of assessment, with all the items of time, place, &c, herein directed to be inserted in the registries above named; and they shall make strict inquiry of all heads of families, and shall use the registries of clergymen, &c., above named, in order to obtain correctly the information herein required. They shall return said lists of births, &c., with the registries of clergymen, &c., aforesaid, to the clerks of the county courts at the same time they return their lists of taxable property; and the clerks shall copy said lists of births, &c., and transmit the copies to the Auditor of Public Accounts with the lists of taxable property. The clerks shall be paid at the same rates they are paid for copying the lists of taxable property. The assessor shall be allowed two cents for each birth, marriage, or death recorded, as herein directed, to be paid in the same manner as Fees of assessor. |