1854. CHAPTER 900. this volume. AN ACT supplemental to the act making an appropriation for repairing the Lunatic Asylum at Lexington. Be it enacted by the General Assembly of the Commonwealth Chapter 734 of of Kentucky, That the sum of ten thousand dollars, appropriated at the present session of this legislature, for the purpose of re-building that portion of the lunatic asylum at Lexington which was consumed by fire, and the sum of five thousand dollars for the purpose of heating with steam said asylum, shall be drawn from the treasury in the following manner and upon the following terms and conditions, viz: It shall be the duty of the superintendent of said asylum, to advertise in the newspapers of Lexington and Louisville, for proposals for building that portion of the asylum destroyed by fire, and for heating the same by steam, according to plans approved by the board of managers for said asylum-and sufficient specifications and information shall accompany said advertisements to enable persons proposing to do so advisedly; and the said superintendent and board of managers shall award the contracts for re-building said asylum and heating the same to the lowest, best bidder or bidders; and the said superintendent shall take bond and security from the person or persons to whom the contract or contracts may be awarded, to re-build said asylum according to the plan and specifications aforesaid for any sum not exceeding ten thousand dollars, and to heat the same with steam for any sum not exceeding five thousand dollars; and shall specify in the contract or contracts a time within which the same shall be performed. And upon the approval of said contract or contracts and said bond or bonds, by the board of managers, the sums appropriated as aforesaid, shall be drawn as the same are needed, but not otherwise. This act shall take effect from its passage. Approved March 10, 1854. declared navi. CHAPTER 902. AN ACT declaring Licking river, and Hammond's fork of Goose creek navigable streams. § 1. Be it enacted by the General Assembly of the Commonwealth Licking river of Kentucky, That Licking river, from West Liberty to the Licking station in Morgan county, be and the same is hereby declared navigable: Provided, that nothing herein contained shall interfere with any mill or mill-dam on said gable. river. § 2. That Hammond's fork of Goose creek, as far up as Hammond's Smith's mill, shall be and is hereby declared navigable. fork navigable. Approved March 10, 1854. CHAPTER 903. AN ACT to regulate the Board of Internal Improvement, and requiring them to make annual settlements. 1854. Board to make annual settle Tolls to be paid monthly. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the board of internal improve- ments. ment be required to make annual settlements on the 10th day of October in each year, and pay over the tolls collected on each line of navigation monthly; and the president of the board is hereby authorized to make his requisition upon the treasury for the amount necessary to pay for repairs and other necessary expenses to keep each line of navigation in good order. President to make requisition on treasury for repairs. Board to regu late salaries of 2. That the board shall regulate the salaries of officers upon each line of navigation; and all acts, or parts of officers on each acts, coming within the purview of this act, are hereby repealed. Approved March 10, 1854. line of navigation. Rev. Stat. 421. CHAPTER 923. AN ACT to amend an act, entitled "an act concerning certain public books," approved January 3, 1852. Penalty on persons failing to return public books. Jurisdiction given to county compliance. courts to enforce Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if any person in this commonwealth, heretofore, and not now holding the office of judge of the court of appeals, judge of a circuit court, or commonwealth's attorney, who may have failed to return to the clerk of the county court of the county of his residence, all public books in his possession as required by an act of the general assembly of the commonwealth of Kentucky, entitled, "an act concerning certain public books," approved January 3, 1852, it shall be the duty of the county court Rev. Stat. 455. to enter a rule against such delinquent, requiring him to appear at such term as said court shall think proper, and show cause why he shall not be required to deliver such books; and upon the return of such order executed, the court shall examine the case and compel said delinquent to deliver the same to the clerk of said court at his office, by process of attachment and imprisonment, until he shall comply with the provisions of said act. It is hereby made the duty of the several county attorneys to see that the provisions of this act are complied with, and to institute proceedings against all such as shall fail to comply with its provisions. And if it shall appear, upon the hearing of said cause, that such delinquent failed without sufficient excuse to deliver said books, the said court shall render judgment against him for any sum not less than five nor more than twenty dollars, and the costs of said proceeding; and there shall, in every such judgment, be taxed an attorney's fee of five dollars, as part of the costs of the attorney. county attorney, if he shall attend to said cause. Approved March 10, 1854. Duty of county attorneys to enforce a com pliance to this act. Fee of county 1854. Amendment to Code of Prac. 267. CHAPTER 927. AN ACT supplemental to an act to amend the Code of Practice in Civil Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Code of Practice in civil actions be amended by inserting therein the following sections at their appropriate places in the code: § 1. In an action on a mortgage or lien, the judgment may be rendered for the sale of the property, and for the tice. See chap. recovery of the debt against the defendant personally. § 2. Where it is made to appear by the affidavit of the party and the written statement of his attorney, that the testimony of a witness is important, and that the just and proper effect of his testimony cannot in a reasonable degree be obtained without an oral examination before the jury, the court may, at its discretion, order the personal attendance of the witness to be coerced, although such witness may otherwise be exempt from personal attendance by the provisions of this code. §3. Where the judge of the county court does not keep an office at or within one mile of the county seat, or is absent from his office, the clerk of the county court may issue the summons in an action in the quarterly court in the same manner and under the same circumstances as the judge, and also subpoenas for witnesses, and shall be allowed therefor the same fees as the judge. The clerk shall, before the next term of the quarterly court, deliver to the judge all papers filed with him upon which he has issued any summons, and a list of the process issued by him, for the purpose of being properly taxed in the costs. § 4. A judgment obtained in an action by ordinary proceedings shall not be annulled or modified by any order in an action by equitable proceedings, except for a defense which has arisen or been discovered since the judgment was rendered. But such judgment does not prevent the recovery of any claim, though such claim might have been used as a defense by way of set-off or counter-claim in the action on which the judgment was recovered. § 5. Judgments for the recovery of money may be set-off against each other, having due regard to the legal and equitable rights of all persons interested in both judgments. The set-off may be ordered upon motion after reasonable notice to the adverse party, where both judgments are in the same court, or in an action by equitable proceedings in the court in which the judgment sought to be annulled by the set-off, was rendered. § 6. During the pendency of an action, the judgment in which when recovered could be used as a set-off against a judgment in favor of the defendants or either of them, the court, to prevent loss by insolvency, non-residence, or otherwise, may enjoin the collection of the judgment in favor of such defendants, according to the provisions of chapter 4, title 8, of this code, to enable the plaintiff to make the set-off. § 7. An action for the recovery of money, in the meaning of this code, includes an action for the recovery of damages as well as of money due by contract. § 8. This act, and the act amending the Code of Practice in civil actions passed at the present session of the legislature, shall so far go into effect upon the passage of this act, that all proceedings in pursuance of the provisions of said acts shall be valid, but no proceeding commenced before the 1st day of July, 1854, shall be rendered invalid by said acts. Approved March 10, 1854. 1854. CHAPTER 940. AN ACT to regulate the Spring terms of the circuit courts in the first Judicial District. Be it enacted by the General Assembly of the Common- Marshall. wealth of Kentucky, That from and after the passage of this act, the spring term of the Marshall circuit court shall commence on the first Monday in May, and shall continue twelve juridical days, if the business shall require it. The spring term of the Calloway circuit court shall Calloway. commence on the third Monday in May, and continue twelve juridical days, if the business of the court shall require it. 1 The Graves circuit court shall commence on the first Mon- Graves. Livingston chancery term. The Livingston circuit court shall commence on the third Livingston. Monday in June, and continue twelve juridical days, if the business of the court shall require it. There shall also be a term of the Livingston circuit court for the trial of chancery, criminal, and penal causes, commencing on the first Monday in August, instead of the fourth Monday in July, and continue six juridical days, if the business shall require it. The spring term of the Crittenden circuit court shall Crittenden. commence on the second Monday in July, and continue twelve juridical days if the business of the court shall require it. The fall term of said court shall be held as now provided for by law. Approved March 10, 1854. CHAPTER 944. AN ACT to provide compensation for judges of contested elections of county officers, and those whose duty it is to compare polls of elec tions. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the several County courts in this commonwealth, at their court of claims, to make an allowance at the rate of two dollars per day each to all officers who shall be, by law, required to sit as judges of contested elections, for each day they may be thus actually and necessarily employed in adjudicating upon any contested election. §2. It shall also be the duty of said courts, at the times aforesaid, to make the officers whose duty it is, by law, to attend and compare the polls of any election or elections, an allowance of the sum of one dollar per day, each, for the time they may be thus necessarily employed. Approved March 10, 1854. Rev. Stat. 593. of a married wo man, &c., may ceeds re-invest ed. CHAPTER 948. AN ACT to amend article 5, entitled "the sale of land and slaves of married women," of chapter 86, of the Revised Statutes, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That land or slaves conveyed or devised to any woman, married or unmarried, or in trust for the use Land or slaves of a married woman, or for the use of an unmarried woman to the exclusion of any husband she may have, with rebe sold and pro- mainder over to her children, or to such of them as may survive her, or to the issue of such children, may, by the order of a court of equity not inferior to the circuit court, be sold by the trustee or a commissioner appointed by such court, for the purpose of being re-invested according to the order of such court, in other property to be held for the same uses and trusts and in the same manner in all respects as the property sold; and the court shall see that the re-investment is made, and the price shall remain a charge upon the land and slaves sold, until the purchase money is paid. But such order of sale shall only be made upon abundant proof to the court, that the sale and re-investment will be beneficial to all interested in the property, and upon the children, if any, and the issue of such children as are dead being made parties to the proceedings. Approved March 10, 1854. 9 |