1854. and certificates thereon, two cents for every For entering the satisfaction of a mortgage includ- For each order in the county court, For each copy thereof, DOLS. CTS. Similar fees for similar services shall be allowed in all cases in the name of the commonwealth, where a fine is assessed and collected. § 2. The fees now allowed the county court clerk not provided for in the first section of this act shall remain as heretofore. Approved March 7, 1854. Rev. Stat., 556. Merchants and traders who re ceive and sell ex change in course of business not brokers. CHAPTER 631. AN ACT to amend the 4th article of the 83d chapter of the Revised Statutes, in relation to Brokers. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the 1st section of the 4th article of the 83d chapter of the Revised Statutes, shall not be so construed as to embrace merchants and traders in produce, who in the course of their legitimate business as such, purchase exchange for the purpose of remittance to pay their liabilities, or receive exchange on sale of the produce exported, and who sell such exchange. Approved March 7, 1854. CHAPTER 634. Rev. Stat., 446, title Land, For feited. See title Reve AN ACT to repeal section 1st, article 1st, chapter 58, of Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That section 1st, article 1st, and chapter 58, 3, Rev. Statutes, of the Revised Statutes, be and the same is hereby repeal560, imposing tax on semina ed. nue, chap. 5, sec. ries. Approved March 7, 1854. CHAPTER 635. AN ACT to amend the act establishing the July term of the Anderson Circuit Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the July term of the Anderson circuit court, now established by law for the trial of chancery, criminal, and penal causes, shall hereafter be also a term at which all civil causes shall be tried and decided, in the same manner as at other terms of said court. Approved March 7, 1854. CHAPTER 643. AN ACT to change, the county line between the counties of Bracken and WHEREAS, it is represented to the present General Assembly of the commonwealth of Kentucky, that it will be greatly to the convenience of the citizens of Germantown, and not cause inconvenience to any of the citizens of either Bracken or Mason counties, to change the line between those counties, running in and near said town. Therefore, 1854. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the said county line be chang- How changed. ed as follows: beginning at a point in said line, in the centre of Main street, in Germantown, and running thence east with the centre of said street about one hundred feet, to a point opposite the centre of the town hall; thence south, through the centre of said hall, one hundred and fifty feet; thence west, to the present county line between said counties. 2. That all legal elections, and magistrates' courts and other legalized courts, for any of the precincts or districts, in either Mason or Bracken counties, which embrace said hall, and are held in said hall, shall have the same force and effect as if they had been held at the places now provided by law. Elections held in G. Hall legal. Approved March 8, 1854. CHAPTER 659. AN ACT to change the time of holding the County Courts of Oldham county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the county courts of Oldham county be held on the second Monday of each month, instead of the time now fixed by law. Approved March 8, 1854. CHAPTER 662. AN ACT to add a portion of Ballard county to the county of Hickman. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the territory of the county of Ballard as is situate within the corporate limits of the town of Columbus, in Hickman county, be and the same is hereby added to the county of Hickman, and the said Corporate limits, as far as the same are applicable, shall hereafter be the line between the two said counties. Approved March 8, 1854. 1854. district to be certain books. CHAPTER 664. AN ACT to furnish the judge of the 12th judicial district with certain books. 1. Be it enacted by the General Assembly of the Commonwealth Judge twelfth of Kentucky, That the secretary of state be authorized, and furnished with he is hereby directed, to furnish the judge of the 12th judicial district, full copies of all the reports of the decisions of the court of appeals of Kentucky, except the eleventh and twelfth volumes of Ben. Monroe's reports. purchase if nec essary. § 2. That if any of the above mentioned books required Secretary may to be furnished, are not in the office of the secretary of state, or are not within his control subject to distribution, he is hereby directed to purchase the same, and present the account therefor to the auditor of public accounts, who, if he deems said account reasonable, shall draw his warrant for the amount upon the treasurer, to be paid out of any money in the treasury not otherwise appropriated. §3. The books to be furnished under this act shall be forwarded at the same time, and under the same regulations, as provided by law for the distribution of the acts of the general assembly: Provided however, that said books shall, at an earlier day than that fixed for their distribution, be subject to the order of the judge of the 12th judicial district. Approved March 8, 1854. CHAPTER 665. AN ACT to change the time of holding the Lewis county court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, the April and October terms of the Lewis county court shall be held on the third Monday of each month, instead of the first Monday. Approved March 8,1854. wild cat killed. CHAPTER 667. AN ACT authorizing an additional reward for killing wild cats. Be it enacted by the General Assembly of the Commonwealth 82 for each of Kentucky, That every person who shall hereafter kill a wild cat in this state shall be paid out of the public treasury for each wild cat so killed, two dollars, and the claim therefor shall be certified, allowed and paid as now provi ded for by law. Approved March 8, 1854. CHAPTER 670. AN ACT declaring Red river a navigable stream. 1854. Red river denaviga ble. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Red river from its head to its junc- clared tion with the Kentucky river, be and is hereby declared a navigable stream: Provided, that nothing herein contained shall be so construed as to authorize the destruction of any mill dam on said river heretofore constructed. §2. The county courts of the counties through which said river may run, by proper notices and orders, may require any person or persons owning dams on it to slope them so that rafts may safely pass over them in good tides of waters, and where the river is the dividing line between two counties that county shall have jurisdiction in which the mill house may be located. Approved March 8, 1854. County court may cause dams to be sloped. CHAPTER 673. AN ACT to regulate the terms of certain courts in the 12th judicial dis trict. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the Floyd circuit court Floyd. shall continue twelve juridical days, if the business of said court shall require it. That the Knox circuit court shall hereafter continue Knox. twelve juridical days at each term, if the business thereof shall require it. That the Clay circuit court shall commence on the Clay. Mondays succeeding the Knox circuit court, and continue each term twelve juridical days, if the business of said court shall require it. That the Harlan circuit court shall hereafter commence on the Mondays succeeding the Clay circuit court, and continue six juridical days at each term, if the business of said court shall require it. That the Perry circuit court shall hereafter commence on the Mondays succeeding the Harlan circuit court, and continue, at each term, six juridical days, if the business of said court shall require it. Approved March 8, 1854. Harlan. Perry. CHAPTER 676. AN ACT to change the time of holding the court of claims in Henry county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the court of claims, for Henry county, shall be held on the fourth Monday in November; 1854. and in the event the court shall be unable in one day to transact all its business, it is hereby empowered to continue its sessions from day to day for the purpose of so doing. Approved March 8, 1854. public instruc. $1,000, secretary of state $1,000, tary $800, quar. eral $200, adju assistant secre. CHAPTER 695, AN ACT to increase the salaries of certain officers. Be it enacted by the General Assembly of the Commonwealth Superintendent of Kentucky, That from and after the first day of April next the salary of the superintendent of public instruction shall be one thousand dollars per annum; the salary of the secretary of state, one thousand dollars per annum; the salary of the assistant secretary of state, eight hundred dollars per annum; the salary of the quartermaster general, two hundred dollars per annum; the salary of the adjutant general, two hundred and fifty dollars per an ter master gen tant gen'l $250. num. Approved March 8, 1854. CHAPTER 696. AN ACT to establish the Code of Practice in Criminal Cases.* PRELIMINARY PROVISIONS. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the provisions of this act shall regulate the proceedings in all prosecutions and penal actions in all the courts of this commonwealth, from and after the first day of July, 1854, and shall be known as "The Code of Practice in Criminal Cases." § 2. Be it further enacted, That all prosecutions or proceedings in criminal or penal cases, which shall be commenced before the first day of September, 1854, and which by the existing laws would be valid, shall not be rendered invalid by this act, but may be prosecuted to their conclusion, and enforced according to the existing laws, as if this act had not been passed. §3. Be it further enacted, That all laws coming within the purview of this act shall become repealed when this act goes into effect, except as provided in the last section. TITLE I. PUBLIC OFFENSES, AND THE MODES OF PREVENTING AND §1. A public offense, in the meaning of this code, is any act or omission for which the law has prescribed a punishment. *For the reasons stated in a note to Chapter 267, this act is printed in the present volume. |