1873. § 4. Be it further enacted, That the Public Printer shall, upon a separate leaf or sheet, print ten thousand copies of 10,000 copies of this act, and deliver them to the Secretary of State, who this act to be distributed. shall send seventy-five copies of the same to the clerk of the county court of each county in the State at the time of forwarding the acts of the General Assembly, and said clerks shall deliver the same to the sheriffs of their several counties. § 5. Be it further enacted, That it shall be the duty of the Interrogatory to clerks or judges conducting the said general election to propound distinctly to each voter the following interrogatory: Do you vote for calling a convention or not?" And if he answers in the affirmative, his name shall be recorded as having voted for calling a convention. be propounded to voter. Assessor to en roll the name of Representatives ditor. § 6. Be it further enacted, That it shall be the duty of the assessors of tax to open a column in their assessors' books, each party enti- and enroll therein the name of each citizen entitled to vote for tled to vote for Representative for the year 1875; and they shall be governed in 1875, & trans- in all cases, in ascertaining who is entitled to vote, by the mit same to Au- laws then in force to prevent illegal voting; and this column, written in a fair and legible haud, shall be transmitted with the assessors' books to the Auditor, who shall make out a copy thereof, and deposit the same in the office of the Secretary of State for the time being, who shall transmit the same to the next Legislature, as a list of those who are enti tled to vote for Representatives, in order that the Legislature may have the means to ascertain whether a majority of the citizens of the State entitled to vote for Representatives have voted for a convention. by assessor. § 7. Be it further enacted, That it shall be the duty of each Oath to be taken assessor of tax, who shall be in office in the year 1875, as soon as he shall be advised of the passage of this act, to go before a justice of the peace and take the following oath: I do solemnly swear I will, to the best of my skill and judg. ment, fairly ascertain the number of qualified voters in the district in which I was elected for the year 1875, and report the same, with my book made as assessor of tax, before the first day of May, 1875. amine voter as vote. § 8. Be it further enacted, That the assessors of tax may, and Assessor to ex- they are hereby required to examine on oath any person in to his right to relation to his right to vote for Representatives, when he has doubts as to his right to vote; and any person who shall knowingly swear falsely before the assessor, and shall thereof be convicted, shall be subjected to all the pains and penalties of the crime of perjury. § 9. Be it further enacted, That the assessor shall write "sworn opposite the name of each person who may be sworn by him. § 10. Be it further enacted, That it shall be the duty of the Public Printer to print five hundred copies of the seventh, eighth, and ninth sections of this act, immediately after its passage, and deliver them to the Secretary of State for the time being, who shall transmit them forthwith to the county clerks, to be delivered by them as soon as possible to the assessors of tax for the year 1875. 1873. Approved December 18, 1873. CHAPTER 11. AN ACT providing, in case of the death of a circuit, chancery, or common pleas judge, during a term of his court, for the holding of the same, and signing orders by his successor. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1 That where the judge of any circuit. chancery, or common pleas court has died, or shall die before the expira tion of any term of court, or before the expiration of the term as extended by his order, whether definite or indefinite, his successor, if he shall qualify before the expiration of such original or extended term has expired, may continue and hold such court, and sign all orders not signed by his predecessor, the same as his predecessor might have done had he lived. § 2. This act shall take effect from and after its passage. Approved December 19, 1873. CHAPTER 13. AN ACT to amend chapter three of title eighteen of the Civil Code of Practice. Be it enacted by the General Assembly of the Commonwealth of Kentucky: See Civil Code, § 1. That upon the reversal of a case in the Court of Ap peals, which is remanded for trial or other proceedings, it shall Page 247. stand for trial or such other proceedings in the court whence the appeal was taken at the next succeeding term thereof: Provided, The mandate of the Court of Appeals shall have been filed in the clerk's office of the lower court, and notice thereof given to parties, if they reside in the county, or their attorneys, if the parties reside out of the county, ten days before the beginning of such term. Such case shall occupy the same position on the docket of said court as if no appeal had been taken; and, at any time after the mandate is filed in the clerk's office, and notice thereof given as aforesaid, either party may take depositions to be read on the hearing, as in other causes. § 2. This act shall take effect from its passage. Approved December 19, 1873. 1873. $60,000 appro priated to Pay done on Fourth for work already Lunatic Asylum. CHAPTER 19. AN ACT appropriating money to the Fourth Kentucky Lunatic Asylum. WHEREAS, By an act of the General Assembly, entitled “An act concerning the various charitable institutions in this Commonwealth," the buildings formerly erected and designed as a State House of Reform for Juvenile Delinquents, were converted into an asylum for the reception, care, and treatment of that class of lunatics afflicted with chronic mania or epilepsy, under the name of the "Fourth Kentucky Lunatic Asylum," and the Governor was directed "to cause all the Junatics in the State to be located and provided for in conformity with said act;" but no provision was made under which he could draw money from the Treasury for that purpose; and whereas, it appears from the Governor's message that, in order to carry out the directions of said act, it was indispensably necessary to make extensive changes and improvements in and upon said buildings, as well as in providing water supplies, heating apparatus, furniture, &c., to provide for which he borrowed from the Commissioners of the Sinking Fund the sum of fifty thousand dollars, for which he gave his bond as Governor of the State of Kentucky; and whereas, it appears from the said message that the contracts made by the Governor for these necessary changes and improvements amount to the sum of sixty thousand four hundred dollars, and that the work has so far progressed as to furnish accommodations for more than one hundred and forty inmates, and is expected to be completed at an early date; and whereas, it is manifest that unless said loan had been made to the Governor by the Commissioners of the Sinking Fund, said asylum could not have been occupied or used as such for nearly or quite two years, and thus left the patients now confined in that institution unprovided for; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the said action and proceedings of the Governor and the Commissioners of the Sinking Fund are approved and confirmed by this General Assembly, and that the said sum of sixty thousand four hundred dollars is hereby appropriated to pay for the work already completed or under contract, and the other necessary expenditures for said asylum; and that the Auditor of Public Accounts is directed to draw his warrant therefor in favor of the Governor of this Commonwealth, and that the same shall be paid out of the public Treasury: Provided, however, That the aforesaid bond for fifty thousand dollars given by the Governor to the Commissioners of the Sinking Fund shall be delivered to him as part of this appropriation, and the Governor is hereby required to make report to the General Assembly, showing how or for what said money has been or shall be expended. § 2. It is further enacted that this act shall take effect from its passage. Approved December 22, 1873. CHAPTER 22. 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: 1874. § 1. That hereafter the county courts of Lee county shall Lee county court. commence on the fourth Mondays in each month, and that the quarterly courts shall commence on Tuesdays after the fourth Mondays in June, September, December, and March, and continue until the business is completed. § 2. This act to take effect and be in force from and after its passage. Approved December 22, 1873. CHAPTER 36. AN ACT for the benefit of the clerks of the several courts of this Common wealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section sixth, article thirty-one, of General Stat- See General Statutes, title "Crimes and Punishments," be, and the same is utes, page 361. hereby, so amended, as to authorize such clerks of the several courts of this Commonwealth as were engaged in the practice of law before the General Statutes went into operation on the first day of December, 1873, to practice law in all causes in which they were engaged as attorneys before the General Statutes took effect on said first of December, 1873. 2. This act shall take effect from and after its passage. Clerks permitted to continue and complete unfinhad as attorneys. ished cases they CHAPTER 42. AN ACT to change the boundary line between the counties of Jefferson and Oldham. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the line dividing the counties of Jefferson and Oldham be so changed as to include within the county of Oldham the present residence and farm of Philip R. Taylor. § 2. This act to take effect from its passage. Approved January 13, 1874. 1874. CHAPTER 53. page 25. AN ACT to amend section seventy-seven, article one, chapter two, of the Be it enacted by the General Assembly of the Commonwealth of § 1. That section seventy-seven, article one, chapter two, of See Civil Code, the Civil Code of Practice, be amended by adding thereto the following, to wit: "Or if the defendant is a railroad company, the service of summons may be upon the passenger or freight agent of the company stationed at or nearest the county scat of the county in which the action is or may be pending." § 2. This act shall take effect from and after its passage. Approved January 8, 1874. utes, page 281. CHAPTER 74. AN ACT to fix the time of holding the Garrard circuit court, and to amend section five, article five, chapter twenty-eight, of the General Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of section five, article five, chapter twenSee General Stat- ty-eight, of the General Statutes, as requires that the Garrard circuit court shall be held on the third Monday in January, to hold eighteen days, and on the second Monday in July, to hold sixteen days, is hereby repealed; and said court shall commence and be held on the second Mondays in February and August in each year, and each term continue for the period of eighteen judicial days, if the business of the court shall require it. The equity term of said court shall remain as now fixed by law, and be held on the second Monday in October of said year, and to continue six days, if the business of the court shall require it. § 2. This act shall take effect from and after its passage. Approved January 21, 1874. Time of executing sheriffs bonds for 1874. CHAPTER 98. AN ACT in regard to sheriffs' bonds for collecting the revenue of 1874. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be lawful for all sheriffs in this CommonWealth, who have not executed their bonds for the collection of the State revenue on or before the first Monday in January, 1874, as required by law, to execute bond before their respective county courts at the February or March term thereof for said year. § 2. This act shall take effect from its passage. Approved January 23, 1874. |