1874. CHAPTER 230. judge. AN ACT to create a court of common pleas in the counties of Fayette, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a court of justice, to be known as the "Court of Common Pleas," is hereby established in the counties of Fayette, Bourbon, Bath, Madison, Woodford, and Scott. § 2. On the first Monday in August, 1874, and on the same Time of electing day every sixth year thereafter, an election shall be held in said counties for the election of a judge of said court, who shall enter upon his office on the second Monday thereafter, and continue in office for six years, and receive the same salary allowed by law to a judge of a circuit court, and payable in the same manner; and the election provided for in this section shall be conducted, in all respects, as are elections for judges of circuit courts. His salary, &c. utes, page 289. § 3. All the provisions of section five, section seven, section See General Stat- eight, and section nine of article ten of chapter twenty-eight of the General Statutes are hereby re-enacted and applied to the court established by this act, and the judge thereof, as fully and in the same manner as the same are made applica ble by the said sections to the courts provided for in said article. § 4. All the laws of this State in relation to the appointMaster commis- ment of master commissioners by circuit courts, and their duties and responsibilities, are hereby made applicable to the court created by this act. sioner. Terms of court. Bourbon. Madison. Woodford. Bath. Scott. § 5. The terms of said court shall be as follows: In the county of Fayette, one term, beginning on the first Monday in January, and continuing twelve juridical days, if the busi. ness shall require it; one term, beginning on the first Monday in April, and continuing twenty-four juridical days, if the business shall require it; one, beginning on the first Monday in September, and continuing thirty-six juridical days, if the business shall require it. In the county of Bourbon one term, beginning on the first Monday in June, and continuing twelve juridical days, if the business shall require it; and one beginning on the first Monday in December, and continuing twelve juridical days, if the business shall require it. In the county of Madison one, beginning on the third Monday in May, and one on the first Monday in November, and each continuing twelve juridical days, if the business shall require it. In the county of Woodford one, beginning on the third Monday in June, and one the third Monday in January, each continuing twelve juridical days, if the business shall require it. In the county of Bath one term, beginning on the first Monday in May, and continuing twelve juridical days, if the business requires it; and one term beginning on the third Monday in November, and continuing twelve juridical days, if the business requires it. In the county of Scott one term, beginning first Monday in July, and one term, begin ning the third Monday in December, and each continuing 1874. twelve juridical days, if the business shall require it. Said court shall also have power to hold special terms in either of said counties for the trial of common law and equity cases; which terms may be called in the manner provided by law in relation to special terms of circuit courts; and it shall be the duty of the judge to hold such special terms whenever the business in either county may require it; and he shall hold at least one special term in each year in the county of Fayette. § 6. It shall be the duty of the circuit court, in each of the counties named in this act, at the close of the first term after the organization of the court created by this act, to make of the common orders transferring to said common pleas court so many of the common law and equity causes left undisposed of in said circuit court as may be necessary to relieve its docket, but not exceeding one half of said causes; and the causes thus transferred shall be entered upon the docket of said common pleas court, and tried as if originally brought therein. § 7. This act shall take effect from its passage. Approved February 6, 1874. Circuit court to transfer not exceeding one half law cases to court of common pleas. CHAPTER 231. AN ACT to amend section five, article thirty-five, of chapter twenty-nine, of the General Statutes, entitled "Crimes and Punishments." Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That section five, article thirty-five, chapter twenty. See General Statnine, of the General Statutes, entitled "Crimes and Punish- utes, page 364. ments," be, and the same is hereby, amended, by striking. therefrom the word "first," and inserting in lieu thereof the word" third." § 2. That this act shall take effect from its passage. Approved February 9, 1874. CHAPTER 233. AN ACT to amend section eleven, article twenty-seven, chapter twentynine, of the General Statutes, entitled "Crimes and Punishments." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section eleven, article twenty-seven, chapter twen- See General Statty-nine, of the General Statutes, entitled "Crimes and Pun- utes, page 357. ishments," be, and the same is hereby, amended, by striking therefrom the word "eleventh," and inserting in lieu thereof the word "tenth." § 2. That this act shall take effect from its passage. Approved February 9, 1874. 1874. utes, page 183. CHAPTER 234. AN ACT to amend section fourteen of article one, chapter twelve, of the Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section fourteen of article one, chapter twelve, of See General Stat- the General Statutes, be, and the same is hereby, amended by striking out the figures 29," from the second line of said section, and by inserting in lieu thereof the figures “28.” § 2. This act shall take effect from its passage. Approved February 9, 1874. See General Statutes, page 369. CHAPTER 235. AN ACT to amend subsection two of section one of chapter thirty-one of the General Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That subsection two of section one of chapter thirtyone of the General Statutes be amended so as to read as follows: 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 no brothers or sisters, or the descendants of either, the mother shall take the whole estate; if the mother be dead, then the whole estate shall pass to the father; if no father or mother, then § 2. This act shall take effect from its passage. Approved February 9, 1874. CHAPTER 236. AN ACT to amend chapter one hundred and two of the General Statutes, title "Small-pox." Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That sections four, eight, and nine of article two, chapSee General Stat- ter one hundred and two, of the General Statutes, be, and the same are hereby, repealed. utes, page 790. County judge to have certain per sons vaccinated. § 2. That section five of article two of said chapter he amended by striking out the words "and are required" from the third line of said section. §3. That it shall be the duty of the judge of the county court of each county, whenever, in his opinion, the necessity for such action exists, to call his court together, and said court shall have power to give to some practicing physician or physicians of the county written authority to vaccinate all persons in the county who are unable to procure vaccination. The physician so appointed shall furnish to the judge of said court a true list, under oath, of the persons vaccinated by him, with the charges therefor, which shall not exceed twenty-five cents for each successful vaccination; and the judge shall report the same to the court of claims for his county, and the court shall order the charges to be paid out of the county levy. § 4. This act shall be in force from its passage. Approved February 9, 1874. 1874. CHAPTER 272. AN ACT to amend article four of chapter fifty-two of the General Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. The receipt of an adult married woman, in case of abandonment, non-residency, or profligacy of her husband, for the interest or rent due on any estate conveyed, devised, or held in trust for her, shall be valid in law, provided said receipt is attested by two competent witnesses. §2. This act shall take effect from and after its passage. Approved February 13, 1874. Receipt of adult married woman in case of abandonment, &c., good. CHAPTER 283. AN ACT providing for the continuation of the Geological, Mineralogical, and Botanical Survey now in progress in Kentucky, and for the prosecution of other surveys. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That for the continuation of the Geological, Mineralogical, and Botanical Surveys now in progress, and for the prosecution of the other surveys hereinafter mentioned, there be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $15,000 per annum for the term of two years, viz: $15,000 for the year beginning the 1st day of January, 1874, and $15,000 for the year beginning January 1, 1875, and ending December 31st of the same year, to be expended under the direction of the Governor. $30,000 appropriated for 1874 & 1875 to effect Geological surveys. $3,500 appropri camp equipments &c., &c. 2. That for the outfit of wagons, horses, and other camp ated to wagons, equipments, together with the necessary instruments for the field and laboratory work of the survey, and for the cases necessary for the exhibition of the collections of the survey in the expositions held in our cities and at Philadelphia in 1876, as well as in the cabinets provided for at Frankfort and Lexington, and for the expenses of persons employed to exhibit and 1874. State Geologist to survey water also to make a study of the fishes in the State. powers of State; Costs of -how met. survey Directors of survey allowed to draw books, &c., from Library. in journals. authorized to establish topographical corps, &c. supervise the same, together with all other expenses incident thereto, there be, and is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, such sums, not to exceed $3,500, as the Governor may, from time to time, direct. § 3. That the State Geologist be authorized and required to institute a survey of the water-powers of the State, to determine their value and position; that he also be required to make or have made a sufficient study of the fishes of the State, so far as the means of the survey will admit; that he be also required to cause to be examined and report on the other animals of the State which may be of economic or scientific importance. § 4. That the cost of the publication of the results of the be met out of the appropriation specified in the first survey section of this act: Provided, however, That the time of publication and the number of copies printed shall be determined by the Governor, it being required that all important reports shall be stereotyped or electrotyped, and the plates thereof remain the property of the State. § 5. The Director of the Surveys shall be allowed to withdraw from the State Library any books on geological subjects which he may find necessary for the prosecution of the surveys. He shall also have the right of access to all railway, river, canal, or other maps within the State, for the purpose of copying the same, as far as may be necessary for the work of the survey. § 6. The Director of the Surveys shall be empowered, from To publish result time to time, to publish, in any suitable journal, the scientific or economic results of his surveys, it being provided that all discoveries of economic value shall first be published in the journal most likely to give the people concerned information. § 7. That the State Geologist be authorized to organize State Geologist three topographical corps, by and with the consent of the Governor, one in the Western division of the State, one in the Southern division, and one in the Eastern division, in order to carry forward the Geological Survey with as much dispatch as is consistent with accuracy and minuteness, so as to develop the mineral resources of the State; and at the same time construct geographical and geological maps, showing its geological and topographical features; and that the topographical corps shall carry forward the work simultaneously, commencing such surveys in the mineral regions of the State, while the geological reconnoissance is extended over the counties not yet explored by the principal Geologist. 8. That so much of an act, entitled "An act to provide for a Geological and Mineralogical Survey of the State," approved March 22d, 1873, as is not inconsistent with the provisions of this act, be, and the same is hereby, re-enacted. 9. This act shall take effect from and after its passage. Approved February 13, 1874. |