1863. Code of Practice, p. 192. CHAPTER 700. AN ACT to amend section 440, Civil Code of Practice. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That section 440, of Civil Code of Practice, be amended Stanton's Civ. by adding to the first sub-division of said section the following: "Provided, He may take any step in the progress of the action, except filing an answer, without it having the effect of entering the appearance of such defendant. Approved January 20, 1863. CHAPTER 703. AN ACT to change the time of holding the Quarterly Courts of Simpson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the quarterly courts in Simpson county shall be held commencing on the first Mondays in May and November, instead of the times now fixed by law. § 2. That this act shall take effect from its passage. Approved January 20, 1863. CHAPTER 704. AN ACT changing the time of holding the Morgan Quarterly Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the times for holding the Morgan quarterly courts shall commence on the second Mondays of June and December, in each year, instead of the times now fixed by law. § 2. This act shall take effect from its passage. Approved January 20, 1863. CHAPTER 705. AN ACT to change the time of holding the Quarterly Courts of Warren and Clay counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the quarterly courts of Warren and Clay counWarren and ties shall hereafter be held on the first Mondays in the Clay quarterly months of March and September; and the sheriffs and jailers of said counties are required to attend upon said courts in the same manner as they attend and wait upon the cir courts; when to be held. Sheriffs and jailers to wait on. cuit courts; and for their services, in so attending, they shall each be allowed such compensation for their services as is reasonable in the judgment of the court of claims of said counties, to be allowed by such courts, and paid out of the county levy. § 2. This act shall take effect from and after its passage. Approved January 20, 1863. 1863. Compensation. CHAPTER 706. AN ACT to provide for procuring a house for the accomodation of the courts when the Court House cannot be used. Be it enacted by the General Assembly of the Commonwealth of Kentucky: where courts to be held when court house can not be had. § 1. That when, from any cause whatever, the court house of any county cannot be occupied and used by the courts, which are required by law to be held in the county, it shall be lawful for the county judge to provide a suitable house for the accommodation of the court, for which such judge shall stipulate to pay a reasonable rent, to be levied Rent. by the court of claims, and paid out of the county levy. § 2. It shall be lawful to hold courts in the house procured and provided under the first section of this act; and the proceedings and acts of any court held in such house shall be as valid, in every respect, as if held in the court house of the county. §3. This act shall take effect from and after its passage. Approved January 20, 1863. CHAPTER 711. AN ACT in relation to the taxation of costs in suits and actions at law or in equity. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Federal tax taxed as costs. § 1. That in all suits and actions at law or in equity the successful party shall recover, as part of his costs, the stamps to amount of all stamp duties or taxes imposed upon the process and exhibits filed in such suit or action by the laws of the United States, which shall have been paid by such successful party. § 2. That this act shall take effect from its passage. Approved January 22, 1863. be 1863. D. 61. Power given change time of holding certain county courts to CHAPTER 714. AN ACT to amend an act, entitled, "An act regulating the time of holding Quarterly and other Courts inferior in jurisdiction to the Circuit Courts." Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled, " An act regulating the time Acts 1861-2, of holding quarterly and other courts inferior in jurisdiction to the circuit courts," approved February 28th, 1862, be and the same is hereby amended in this, to-wit: That the county courts as provided in the second section of said act shall have power, at any time one month previously to their action, to change the time of holding said courts of jurisdiction inferior to the circuit courts, in the months prescribed by said second section, in the same manner as is designated in said act to which this is an amendment. § 2. This act to take effect from its passage. courts. Approved January 22, 1863. County court of McCracken to provide house to hold court in. CHAPTER 722. AN ACT to allow the Judge of the McCracken Circuit Court to hold said Court at any place within the corporate limits of Paducah. Whereas, The court house of McCracken country, at Paducah, has been and is now occupied as a hospital by the Federal Government, and in consequnce thereof no circuit court at said place was holden at the last time directed by law for the sitting of said court-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall hereafter be lawful for the judge of said McCracken circuit court to hold said court at any place, or in any house, within the corporate limits of Paducah, while said court house shall be occupied by the Federal authorities as a hospital or otherwise; and it is hereby made the duty of the McCracken county court to provide a suitable house within the corporate limits of Paducah, by renting the same and furnishing it, for the temporary holding of said circuit court, until said court house shall be finally given up by the Government to said county court. § 2. This act shall take effect from its passage. Approved January 27, 1863. CHAPTER 736. AN ACT to amend an act concerning idiot paupers. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the provisions of an act, entitled, an act concerning pauper idiots, approved December 23d, 1861, be and the same is hereby so amended as to extend to and be applicable to the years 1862 and 1863. §2. This act to be in force from its passage. Approved January 27, 1863. 1863. Acts 1861, p. 49. CHAPTER 747. AN ACT for the benefit of the several Clerks of Courts of this Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the further time of two years, from the passage of this act, be allowed the several clerks of courts of this Commonwealth to collect their fee bills; and may, for the time aforesaid, distrain therefor in the same manner, and subject to the same penalties, now prescribed by law. §2. This act shall take effect from its passage. Approved January 27, 1863. CHAPTER 748. AN ACT accepting the donation of lands to Kentucky for the endow ment of Agricultural Colleges. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the State of Kentucky, by this act, accept all the provisions of an act of Congress of the United States of America, approved July 2nd, 1862, entitled, "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," and assent to the conditions specified in said act, especially all those set forth in the 5th section thereof, and numbered first, second, third, fourth, fifth, sixth, and seventh. § 2. That the Governor of this commonwealth is hereby authorized and directed to notify the proper authorities of the United States of the passage of this act, by filing with them an authenticated copy thereof, and to take such other steps as may be necessary to obtain the land scrip to which the State of Kentucky is entitled, under the provisions of the act of Congress referred to in the foregoing section; Assent of Ky. to July 2, 1862. act of Congress, Governor to nothorities and obtain land scrip. tify proper au 1863. and such scrip, when obtained, shall be held by the Governor for the use of the State until it is disposed of as the legislature may hereafter provide. 3. This act shall be in force from its passage. Approved January 27, 1863. CHAPTER 750. AN ACT to change the time of holding Quarterly Courts in Madison county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the quarterly courts in Madison county shall be hereafter holden in the months of May and November, beginning on the second Mondays in May, and the first Mondays in November. § 2. This act to be of force from its passage. Approved January 29, 1863. Times of hold ing Edmonson quart'ly courts. Jailer to attend on ct., and to be levy. CHAPTER 751. AN ACT to regulate the time of holding the Edmonson Quarterly Courts, and to regulate and define the duties of the Jailer of said county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter the judge of the Edmonson quarterly court shall hold his several courts, commencing on the third Tuesdays, in April, July, October and January in each year, instead of the time now prescribed by law; and all process heretofore or hereafter to be issued, by the judge of said court shall be made returnable to the terms of court specified and fixed by this act. § 2. That it shall be the duty of the jailer of said county to attend upon said court, and furnish fire and water for paid out of c'ty the same; and for his services in furnishing fire and water, and attending upon said court; he shall be allowed a reasonable compensation, to be certified by the judge of said court, and paid out of the county levy by the sheriff of said county §3. This act to be in force from its passage. |