Rev. Stat., title Costs, 203. AN ACT to amend the 8th section of the Revised Statutes, entitled Costs. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the two dollars and mileage, directed sec. 8, chap. 25. by the 8th section of chapter 25, of the Revised Statutes, to be adjudged against a plaintiff when non-suited, shall not be adjudged in suits or trials before quarterly court judges, county courts, or justices of the peace. Approved March 7, 1854. CHAPTER 593. AN ACT to amend the 2d section, 48th chapter, of the Revised Statutes, entitled Idiots and Lunatics. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the 2d section of chapter 48, of the Re- Rev. Stat., 396. vised Statutes of this state, entitled Idiots and Lunatics, be and the same is hereby so amended as to authorize the circuit courts of this commonwealth to decree the sale of the real estate and slaves of an idiot or lunatic, and the re-investment of the proceeds thereof, in the manner and Rev. Stat., 591. under the like rules and restrictions which are now provided by law for the sale of like property of an infant, and re-investment of the funds arising therefrom: Provided, that in no case shall the court order the sale of the estate of a lunatic, except as now provided by law, unless it shall be made clearly to appear to the court that it is a case of ed lunacy. confirmed and incurable lunacy. Approved March 7, 1854. Authority to re-invest. Sec. 3. art. 6 Rev. Stat., 595. No sale to be made under this act except in cases of confirm CHAPTER 595. AN ACT to regulate the appointment of Superintendent of the Western 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the Revised Statutes as authorizes the managers of the Western Lunatic Asylum, at Hopkinsville, to appoint a superintendent for said institution, be and the same is hereby repealed; and the authority to appoint the superintendent is hereby conferred upon the governor, who shall make said appointment, by and with the advice and consent of the Senate, for the term of four years. Appointing power given to governor. Vacancies to ernor. 2. Should a vacancy, from any cause, occur in the of fice of superintendent of said institution, at a time when be filled by gov. the General Assembly is not in session, it shall be the duty of the governor, and he is hereby authorized, to appoint a superintendent to fill the vacancy until the meeting of the legislature, and until the Senate shall confirm or reject the appointment. This act is to take effect immediately. Approved March 7, 1854. 1854. Fiscal year of Sinking Fund changed to 10th October. CHAPTER 597. AN ACT to change the fiscal year for the Sinking Fund. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the fiscal year, for the operations of the sinking fund, shall commence and end on the 10th day of October; and the commissioners shall report accordingly. Approved March 7, 1854. Com'rs may apply any of the to the purchase of state bonds. stock for that purpose. CHAPTER 600. AN ACT further to regulate the operations of the Sinking Fund. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the commissioners of the sinking fund be, and they are hereby authorized to apply any of the surplus means or income of said fund, and the proceeds of any bank stock which they may sell, as hereinaf ter authorized, to the purchase of the bonds of the state, bearing six per cent. interest: Provided, that no purchase shall be made for more than the nominal value of the bonds, unless all the commissioners shall concur in the expediency thereof. § 2. The said commissioners, the governor concurring May sell, bank therein, shall have authority to sell any bank stock which they may hereafter purchase or subscribe for, and apply the proceeds to the payment or purchase of the bonds of the state. pons to be burnt and cancelled. § 3. The attorney general, register, and treasurer, shall, Bonds and cou. from time to time, when required by the commissioners of the sinking fund, count and burn the bonds of the state, and interest coupons, that have been and may be paid and cancelled by said commissioners; and they shall file with the auditor a certificate thereof. §4. This act shall take effect immediately on its passage. Approved March 7,1854. County of Ly of Caldwell co. on may use jail CHAPTER 605. AN ACT for the benefit of the counties of Lyon and McLean. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county of Lyon shall have the use of the jail in Caldwell county, until a jail is built in said county of Lyon; and the jailer of Caldwell county shall receive all persons committed from Lyon county, in the same manner as if committed from the county of Caldwell. §2. That the county of McLean shall have the use of the jails in Daviess and Muhlenburg counties, until a jail is built in said county of McLean; and the jailers of Daviess and Muhlenburg counties, respectively, shall receive such persons when committed from McLean county, in the same manner as if committed respectively from the counties of Daviess and Muhlenburg. Approved March 7, 1854. CHAPTER 618. AN ACT to increase the number of the Commissioners of the Sinking Fund. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the secretary of state of this commonwealth, and the president of the Farmers Bank of Kentucky, and their successors shall, ex officio, be members of the board of commissioners of the sinking fund of Kentucky. §2. It shall require three commissioners to compose a board for the transaction of business. §3. This act shall go into effect immediately on its pass age. Approved March 7, 1854. Secretary of state and presiFarmers Bank appointed dent commissioners. CHAPTER 624. AN ACT to amend the Militia Law. One muster to be held in 1859, year thereafter. Officers to give holding court court of appeals, and musters. notice of time of of assessments, 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this and every sixth act there shall be a muster held on the first Saturday in June, 1859, and on the first Saturday in June every sixth year thereafter, which shall be styled a regimental muster. §2. It shall be the duty of commandants of regiments to notify the commandants of battalions of the time and place of holding the court of assessment and court of appeals, adding thereunto the place of holding the regimental muster; and the commandants of battalions shall give like notice to the commandants of companies; and the commandants of companies shall issue four copies of said notice, and put up, or cause the same to be put up, at four of the most public places in the bounds of their companies, on or before the 15th day of April preceding said muster; and such notices shall be lawful and sufficient notices to convene the militia of this commonwealth. Returns of companies shall be made out at regimental musApproved March 7, 1854. ters. AN ACT regulating the fees of circuit and county court clerks. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, the clerks of the circuit courts, and county courts, (so far as the same will apply) shall receive the following fees for the services performed by them, viz: For issuing each summons in ordinary proceed- For each copy thereof, For entering and filing return thereof, For each copy thereof, For each order of attachment, For each order of injunction, For each copy thereof, DOLS. CTS. 25 10 10 25 25 25 25 25 20 For each subpoena duces tecum, For each subpoena for a witness, Provided, that all the witnesses living in the same For each warrant of arrest for a witness, proceeding, For each copy thereof, For entering and filing sheriff's return thereof, For each copy thereof, For entering and filing sheriff's return thereof, table proceeding, For each copy thereof, For enter and filing sheriff's return thereof, For filing a petition, answer, reply or demurrer, or amended pleading, 10 For each order of court incident to the trial of a For each trial by jury, including all the services inci- For taxing the costs of either party or parties, to a For a copy thereof, For issuing an execution, including indorsements, 20 20 10 and recording return thereof, to be charged, when issued, For a copy of same, For recording award of arbitrators, or a decree in chancery, for every 20 words, 50 For entering the attendance of a witness and giving certificate thereof, including the swearing of the witness, For each bond required to be taken by the clerk, including the administration of an oath to the sureties and a certificate thereof, For a copy thereof, For filing an appeal, For issuing summons on an appeal, and indorsement, For administering an oath, and certificate thereof, For a copy of a surveyor's report, for every 20 words, For filing papers in any cause for each party, exclu- For each official certificate, For filing depositions for each party, to be charged but once in each case, For a copy of inquisition, For copying a record, for every 20 words, 10 For copying any other paper not herein specified, for every 20 words, For copying a deed and accompanying certificates, For taking a replevin bond, For every summons required by law, For receiving the acknowledgment or proof of a power of attorney, marriage agreement, other agreements, and certificate thereof, For recording powers of attorney, marriage agreements, other agreements, allotments of dower, divisions of lands and slaves, wills, inventories, sale bills and settlements of fiduciary accounts, 25 |