1873. § 2. That the quarterly courts of said county shall be held in the months, and regulated as prescribed by the General Statutes. § 3. This act to take effect from the 12th day of December, 1873. JAMES B. MCCREARY, Speaker of the House of Representatives. Pro tem. Speaker of the Senate. Approved December 4th, 1873. By the Governor : P. H. LESLIE. G. W. CRADDOCK, Secretary of State. Certain schools containing over census children legalized. CHAPTER 9. AN ACT in aid of the Common Schools of this Commonwealth. WHEREAS, There has been, for the school year ending June 30th, 1874, an unanticipated decrease of the distributable fund, and many trustees and teachers have made contracts, based upon the belief that the pro rata to the pupil child would be much larger than the Superintendent could declare upon the estimate furnished him by the Auditor of State, thereby work. ing, in many instances, a hardship to the teachers and trustees; and whereas, in consequence of the revised school laws not going into effect until December the 1st, 1873, no payment of teachers is provided for until the fifteenth day of February, 1874, and it is desirable that an earlier payment should be made; and whereas, owing to a lack of harmony between the time prescribed in the revenue laws for paying the school taxes into the Treasury and the time prescribed for the payment of teachers, the money will not be in the Treasury to promptly liquidate claims as they mature; and whereas, the present trustees were elected for a term of one year, which will expire on the first Saturday in April, 1874, and no elec tion is provided for by the revised school law until the first Saturday in July, 1874; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That for the school year ending June 30th, 1874, it shall be lawful, if a majority of the trustees agree thereto, for a and under fifty school district with over fifty census children, to have taught a four months' school, and for a district containing less than fifty census children, a school of two and one half months. § 2. That the Superintendent of Public Instruction is hereSuperintendent by authorized to make a payment, on the 10th day of Janu10th January, 1874, to all schools half taught out or more, of forty per centum of the amount due said district, the other payments to remain as now provided by law. to pay 40 per cent. ary, 1874. § 3. That, upon information furnished by the Superintendent of Public Instruction of the amount of money required to promptly liquidate teachers' claims as they mature over and above the sum paid into the Treasury from the revenue derived from taxation and other sources, the Auditor of Public Accounts is hereby authorized to transfer, from the revenue proper a sufficient amount of money to liquidate any school claim authorized to be paid under the provisions of this act: Provided, If said sum cannot be supplied from the revenue proper, the Governor of this Commonwealth is authorized to borrow the same until the taxes are paid into the Treasury. $4. That the trustees now in office shall hold over until the first Saturday in July, 1874. § 5. This act shall be in force from and after its passage. Approved December 17, 1873. 1873. Provision made to pay school teachers out of revenue proper. CHAPTER 10. AN ACT to take the sense of the people of this State as to the propriety of calling a Convention to revise the Constitution. WHEREAS, It is represented to the General Assembly that many of the good citizens of this Commonwealth do verily believe that experience has pointed out the necessity of calling a convention with the view of amending the Constitution of this State; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be the duty of the sheriffs and other returning officers, at the next general election to be held for Representatives after the passage of this act, to open a poll for and make a return to the Secretary of State for the time being of the names of all citizens entitled to vote for Representatives who have voted for calling a convention. §2. Be it further enacted, That any sheriff or other returning officer failing to perform the duty according to the provisions of the first section of this act, shall be subject to a fine of six hundred dollars, to be recovered by indictment by any grand jury in any court having jurisdiction thereof, and also be subject, upon conviction of such failure, to removal from office. §3. Be it further enacted, That it shall be the duty of the Secretary of State to have advertised this act in the columns of one weekly newspaper in every county of this State for two consecutive weeks immediately preceding the election herein, and in one of the daily newspapers of the city of Louisville for thirty days immediately preceding the election: Provided, however, There is no weekly newspaper in any one or more counties of this Commonwealth in which said advertisement can be made, it is made his duty to have posted a printed copy of said bill, in handbill form, at the court-house, door of such counties, for at least two consecutive weeks preceding said election. 1873. this act to be distributed. § 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 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. by assessor. § 6. Be it further enacted, That it shall be the duty of the assessors of tax to open a column in their assessors' books, and enroll therein the name of each citizen entitled to vote for Representative for the year 1875; and they shall be governed in all cases, in ascertaining who is entitled to vote, by the 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. § 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 expiration 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 Appeals, 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 appropriated to pay done on Fourth Lunatic Asylum. for work already 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 lunatics 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. |