1854. substantial iron fence; and they are further authorized to make the necessary contracts and take bond and security Not to cost for the completion of the same: Provided, that no contract shall be made, or any plan adopted, that will, in the aggregate, ever cost more than eight thousand dollars. more than $8000 same. § 2. That whenever said fence may be completed accordWhen comple- ing to the contract made by said commissioners, the govted to pay for ernor is hereby authorized to draw his order and direct the auditor of public accounts to issue his warrant for the amount of the same, on the treasurer, who shall pay said warrant out of any money in the treasury not otherwise appropriated. Approved March 3, 1854. Attached to 24 judicial district, and terms of cir cuit court fixed. Suits in Cald parties in Lyon between may be remov. ed, and how. as CHAPTER 471. AN ACT supplemental to the act establishing the county of Lyon. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county of Lyon be, and the same is hereby, attached to the second judicial district; and the judge of said district is required to hold courts therein on the first Monday of September next, and thereafter, on the second Monday of March and first Monday of September, in each year. The terms of said court shall be six juridical days at each, if the business requires it. § 2. It shall be lawful for parties residing in the county of Lyon, who have suits now pending in the Caldwell circuit court, or which may be brought to the present spring term thereof, to remove the same, as hereinafter provided, for trial to the circuit court of Lyon: Provided, both parties, or the parties in interest in such suit or suits, assent to such removal; or upon application therefor to the judge of said court, by either of said parties, notice having been served upon the other party at least ten days before the sitting of said court, it shall be lawful for the judge thereof to direct the clerk of the Caldwell circuit court to deliver the papers filed in said suit or suits, together with a copy of the proceedings had in the cause or causes, to the clerk of the Lyon circuit court, taking his receipt therefor: Provided further, that the convenience of said parties in the trial of said suits will, in the opinion of the court, be promoted by said removal. Said suit or suits shall progress to trial and final judgment, and satisfaction, as if originally instituted in the circuit court of Lyon county. § 3. That it shall be the duty of the assessor of tax for Assessor of the county of Caldwell, to proceed and assess the properCaldwell to a ty for the county of Lyon in the same manner he would cluded in Lyon, have done if said county had never been established, exto Lyon county cept that he shall keep a separate list of all property assessed for said county of Lyon, and shall make and make return court. persons and return thereof to the clerk of the Lyon county court, in the same manner that assessors are now by law required to return their lists; and said clerk shall, in reference thereto, be governed by the existing laws of this state. 1854. 4. That said assessor shall, for his services in listing Pay of assessor. the property for taxation in said county of Lyon, receive compensation at the same rate, per list, as allowed by law to assessors of tax in other counties. Revenue col. lected in Lyon ted, and how. § 5. The county revenue collected under this act for the county of Lyon, shall be appropriated, as far as may be to be approprianecessary, to the payment of those debts incurred by the county of Caldwell for appropriations to objects within the territory now composing the county of Lyon; and in order thereto it is hereby made the duty of the clerk of the county court of Lyon, as soon after his election and qualification as convenient, to procure from the clerk of the Caldwell county court, a copy of the record making said appropriations, which shall be submitted to the approval of the county judge of Lyon county; and if by him approved, shall be recorded on the books of the county court of Lyon county, and be as binding on the county court of Lyon county as if originally made therein. Time of hold. ing county court 6. The time of holding the county court of Lyon county is hereby changed to the fourth Mondays in each month fixed. in which the circuit court is not held; and the quarterly courts of the presiding judge of said county to the second Mondays of the months in which they are now directed to be held. Proviso to act establishing and pointing asses. sor repealed. Assessor, when to be elected. Persons may elect in which 7. The proviso to the fourth section of the act establishing the county of Lyon, and the provision in said act provision for ap for the election of a county assessor for said county, on the first Monday in April next, together with all parts of said act not consistent herewith, are hereby repealed; and the election of said assessor shall be held on the first Monday in August next. He shall in all things be governed by the laws now in force in reference to assessors in this state. 8. It shall be lawful for all persons, through whose plantations the line separating the county of Lyon from the county of Caldwell may pass, to make election in which of said counties they will claim their residence; and when said election is made, shall, upon proof thereof, have the same entered upon record in the clerk's office of the Caldwell county court, paying a reasonable fee therefor, and thenceforth they shall be considered citizens of their election: Provided, that the time for choosing shall not be extended beyond the first day of April next. county they will claim residence when line runs through farms. Place of beginning dividing 9. That the starting point in the line dividing the counties of Lyon and Caldwell be changed as follows: begin- line changed. ning at the point where the road leading from Princeton to Cadiz crosses the Trigg county line. 10. This act shall take effect from its passage. When to take effect. Approved March 4, 1854. 1854. Commissioners to value articles to be appointed CHAPTER 475. AN ACT to provide for a settlement with the present Keeper of the Penitentiary. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That for the purpose of making a final settlement with the present keeper of the penitentiary, up to the first day of March 1855, when the time for which he was appointed expires, the raw materials, stock, and manufactured articles, on hand, shall be valued by three discreet and disinterested persons, who shall be practical mechanics, to be selected by the commissioners of the sinking fund, at or before the expiration of said keeper's term of To take an oath. office. Said valuers, so selected, shall, before they enter upon the duties of their appointment, take an oath, before some justice of the peace of this commonwealth, to faithful and impartially, and to the best of their skill and ability, value said property at a fair wholesale cash value, and annex the value to each article thereof, and return the same to the commissioners of the sinking fund, to be by them preserved. And said valuers shall make a complete inventory of the tools and implements of trade in the penitentiary, and annex the value of each article. And it shall be the duty of the commissioners of the sinking fund, and they are hereby authorized, to settle with the present keeper, and divide the raw materials, stock and manufactured articles, tools, implements of trade, debts, effects, and any other articles in which the commonwealth and said keeper Debts to be are jointly interested, in such manner as, first, to provide for the payment of the debts of said penitentiary; and, secondly, for a fair division of the net profits between the commonwealth and the said keeper, in accordance with the law under which he became keeper, and the several acts Inventory to passed since that time in relation to the penitentiary; and Return to be made to com missioners sink ing fund, and to settle provided for. be made of ma chinery, &c. Commissioners may be appoint. ed 1st March, 1855. Commissioners of sinking fund ough investiga mistakes if any. tion and correct said valuers shall, also, make an inventory of the machinery then on hand belonging to the commonwealth, and annex the value to each article, with the view of being handed over to the next keeper. And if there should be any surplus of manufactured articles and raw materials, the commissioners of the sinking fund are hereby authorized and directed to sell the same, and pay the proceeds into the treasury to the credit of the sinking fund. The commissioners of the sinking fund may appoint the valuers at any time before the expiration of the present keeper's term, not exceeding twenty days, and notify the keeper elect of the day the valuers will enter on the discharge of the duties of their appoinment. §2. That the commissioners of the sinking fand shall make a thorough investigation and settlement of all accounts and business which the state and present keeper of the penitentiary are interested in, or may have been interested in, as partners in the institution; and they shall examine into the settlements heretofore made by the commission ers of the sinking fund with the present keeper of the penitentiary, and ascertain whether or not there were mistakes made in some of the former settlements; and should they find any mistakes in any of the settlements heretofore made with the present keeper they shall correct such mistakes or mistake, and report the same to the auditor of public accounts. Approved March 6, 1854. 1854. CHAPTER 478. AN ACT to authorize the county court of Warren to receive the Craddock fund. Warren county court may re ceive Craddock terest thereon. fund and pay in §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the Warren county court, a majority of the justices of the peace of said court concurring herein, to contract with the trustee of the Craddock Fund for the permanent use of the whole or any part of said fund, and shall have full power to levy the sum necessary to pay the interest agreed to be paid, upon the tithables of said county. Provided, that the interest agreed to be paid shall not exceed the conventional interest allowed by law at anytime hereafter; and poor children. provided also, that the interest to be paid shall be expended in the education of the poor children domiciled within said county of Warren, in such manner as the trustee of said fund and the said court may agree upon. Interest to be expended in the education of May use the same in purchas 2. That said county court may apply the money obtained from the trustee of said fund under the preceding ing a bridge. section of this act, or any part thereof, in purchasing the bridge erected across Big Barren river in the county of Warren; and in case the money so obtained shall not be sufficient to pay the sum agreed to be paid for said bridge, said court may levy the deficiency on the tithables of said county. Should said court purchase said bridge, they may make it a free bridge or not, at their discretion, for the citizens of Warren county. If said court shall decide against using the money obtained from said trustee in purchasing said bridge, then the said court shall have power to apply money so obtained to any county purposes for which they are now, or may at any time hereafter, be authorized to levy taxes on the tithables or taxable property of said county. the 3. This act shall take effect from its passage. Approved March 6, 1854. 1854. City court of Louisville may ocy and lunacy. try cases of idi. CHAPTER 490. AN ACT authorizing the city court of Louisville to try cases of idiocy and lunacy. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the city court of Louisville shall have concurrent jurisdiction with the Jefferson circuit court, in trials of idiocy and lunacy: Provided, that said city court shall have no power to appoint a committee to take care of the estate of any idiot or lunatic, but the power to appoint the same shall remain as heretofore. Approved March 6, 1854. Not exceeding empt to boua fide house-keep beast only ex exemption of $100 in value ex ers. empted where tools is claimed. As to other ar ticles exempted from execution, see title Execu Rec. 1, Revised Statutes, 325-6; tions, article 14, and title Descent and Dis. tribution, chap 30, 5th sub-sec tion of sec. 11, Tools to be valued, how and Rev. Stat., 281. by whom. When to take effect. CHAPTER 497. AN ACT to exempt mechanics' tools from sale under execution, 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the tools, not exceeding one hundred dollars in value, of any mechanic, who is a bona fide housekeeper, shall be and the same are hereby declared exempt from levy and sale under execution, attachment, distress for rent, or fee bills; Provided, that one work beast only shall be exempt, where a mechanic claims the exemption of his tools, as herein provided for: Provided further, that this act shall not affect any contract, debt or liability heretofore contracted or incurred; nor shall it exempt said property from the payment of the revenue tax or county levy. § 2. That it shall be the duty of the sheriff or other officer, levying any execution or other precess such as is named in the first section of this act, upon the character of property therein mentioned, before he proceeds to sell the same, to select two discreet, disinterested housekeepers of his county, who shall be sworn by the officer, to value and set apart to the mechanic, one hundred dollars in value of such tools as he may have, to be selected by the debtor; and should there not be a sufficiency of tools to amount (in value) to that sum, then all he has shall be set apart to said mechanic; and the sheriff or other officer shall return a list of the property so set apart with the execution or other process, to the office from which the same issued. §3. That this act shall take effect and be in force from its passage. Approved March 6, 1854. Penalty for CHAPTER 498. AN ACT to prevent the pernicious practice of betting on elections. § 1. Be it enacted by the General Assembly of the Commonbetting on elec. wealth of Kentucky, That if any person or persons shall wager or bet any sum of money, or any thing else of value, tions, and how recovered. |