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CHAPTER 755.

1863. AN ACT to amend the 19th section of article lst, of the 37th chapter of

the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the 19th section, of article 1st, of the 37th chap- S. R. S., vol 1, ter of the Revised Statutes of Kentucky, be amended by p. 501. inserting in the first line of said section, after the words "personal representative,” the words " or guardian;" and by inserting in the fourth line, after the word “him," the following words : “and when such personal representative How personal or guardian shall be a non-resident of Kentucky he may or guardian may be brought before the curt by warning order, and the ap- be removed. pointment of any attorney to defend for him, and shall be deemed to be fully before the court at the end of thirty days from the time the warning order is made." 2. This act to be in force from and after its passage.

Approved January 29, 1863.

CHAPTER 756.
AN ACT to repeal an act, entitled, “an act regulating the time of hold-

ing Quarterly and other courts inferior in jurisdiction to the Circuit
Courts," so far as the same is applicable to the counties of Graves
and Pendleton.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That an act, entitled, “ an act regulating the time of holding quarterly and other courts inferior in jurisdiction to the circuit courts," approved February 28, 1862, be and the same is hereby repealed so far as the same is applicable to the counties of Graves and Pendleton; and the quarterly courts and other courts inferior to the circuit court, shall be held in said counties of Graves and Pendleton, as if said act had not been passed. § 2. This act shall take effect from its passage.

Approved January 29, 1863.

CHAPTER 772.
AN ACT in relation to the Circuit and Appellate Judges and Chancel-

lors of this Commonwealth.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky :

§ 1. That hereafter it shall be the duty of the several Clerks to report clerks of the circuit courts, equity and criminal courts, and number of days court of appeals of this commonwealth, immediately upon hold court. the adjournment or expiration of the terms of their respect

1863. ive courts next preceding the regular sessions of the gen

eral assembly, to report to the Auditor of Public Accounts the number of days that each of said judges and chancellors have failed to attend or hold their respective courts, since the convening of the last convening of the general assembly in regular session, before the making of said report, together with the causes of such failure so far as known to said clerks: Provided however, That this act shall not apply to any court held before its passage.

2. It shall be the duty of the Auditor to report to each Auditor to re- house of the general assembly, at each of its regular ses. por to General Assembly. sions, the number of days that each of said judges and

chancellors have failed to attend their respective courts, together with the causes of such failures, so far as known, as reported to him by the clerks of said courts; and also the additional cost to the State, arising from such failure.

03. A failure to comply with the provisions of this act, Penalty on by any clerk, shall be punished by fine not exceeding $50,

upon the indictment of a grand jury.
§ 4. This act to take effect from its passage.

Approved February 4, 1863.

clerks.

CHAPTER 773.
AN ACT to repeal in part an act, entitled, an act regulating the time of

holding Quarterly and other Courts inferior in jurisdiction to the
Circuit Courts, approved February 28th, 1862.

Be it enacted by the General Assembly of the Commonwealth of Kentucky :

§ 1. That an act, entitled, an act regulating the time of Acts 1861–2, holding quarterly and other courts inferior in jurisdiction to p.61.

the circuit courts, approved February 28th, 1862, so far as the same applies to the county of Campbell, is hereby repealed ; and all the courts mentioned in said act shall be held in said county precisely as if said act had not been passed. § 2. This act shall take effect from and after its passage.

Approved February 4, 1863.

CHAPTER 774.
AN ACT for the benefit of the late clerks 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 late clerks of the circuit and county courts of this Commonwealth, and their personal representatives, to collect their fee bills; and they 1863.

may, for the time aforesaid, distrain therefor, in the same manner, and subject to the same penalties, now prescribed by law: Provided, That this act shall not embrace fee bills for services rendered prior to the 1st day of January, 1858. § 2. This act shall take effect from its passage.

Approved February 4, 1863.

CHAPTER 775.
AN ACT allowing further time to certain sheriffs to return their delin-

quent lists in the collection of the revenue and county levy for the

year 1861.

Time given to

Be it enacted by the General Assembly of the Commonwealth of Kentucky :

§ 1. That in all cases in which delinquent lists in the collection of the public revenue and county levy for the lists for 1861.

return delinqʼnt year 1861 have not heretofore been returned, it shall and may be lawful for the sheriffs and other collecting officers to make out and return to the Auditor's office their lists of delinquents in the manner now prescribed by law, at any time before the first day of April next. $ 2. The county court may receive, examine, and certify How examined

and received. said delinquent lists without the presence of the justices of the peace, as required by law; or the said justices may be summoned to attend and aid the county judge in the reception and examination of said lists. $ 3. This act shall take effect from and after its passage.

Approved February 4, 1863.

listed.

CHAPTER 776.
AN ACT providing for the collectiou of the tax upon the Enrolled

Militia for the year 1862.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky :

§ 1. That it shall be the duty of the various collecting Delinquent lists officers of the public revenue, for the year 1862, to return returned and reto the Auditor's office, as delinquents, all those who have failed to pay for that year the tax of fifty cents assessed upon the enrolled militia of the State, under the act, entitled, “ An act to re-enact the State Guard Law, with sundry amendments, and to organize the militia of the State ;" and the lists of delinquents, thus returned, shall be relisted by the Auditor of Public Accounts with the sheriffs and other collecting officers of the public revenue for the year 1863.

§ 2. It shall be the duty of the said sheriffs, and other collecting officers, to receive and to collect said lists, in the

1863. same manner they are required to receive and collect de

linquent lists in the collection of the general revenue of the State.

§ 3. If the officers charged with the collection of said Time limited tax for the year 1862, shall fail or refuse to return their lists 1st April.

of delinquents as required by the first section of this act, by the first day of April next, it shall be the duty of the Auditor to compel such defaulting officer to account for and pay said tax for his county into the public treasury, for the use of the fund to which it belongs.

§ 4. The Auditor of Public Accounts shall, as soon as Copy of act to may be, furnish the sheriffs and other collecting officers for sherims and col- the years 1862 and 1863, each, with a copy of this act. lectors. § 5. This act shall take effect from and after its passage.

Approved February 4, 1863.

CHAPTER 780.
AN ACT to amend section 614, of the Civil Code of Practice.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

8 1. That the third sub-division of section 614, of the Practice, p. 241. Civil Code of Practice, be amended by adding thereto the

following words: “Or is in the military service of the United
States or of this State."
§ 2. This act shall take effect from its passage.

Approved February 4, 1863.

S. Civil Code

CHAPTER 788.
AN ACT to repeal an act, entitled, “An act regulating the time of bold.

ing quarterly courts, so iar as the same ie applicable to the county of
Union, and establishing four terms of said court in said county.

Be it enacted by the General Assembly of the Commonwealth ef Kentucky:

§ 1. That an act, entitled, an act regulating the time of holding quarterly courts, approved February 28th, 1862, be and the same is hereby repealed so far as the saine is applicable to the county of Union; and that four terms of the quarterly court may be held in said county, beginning on the third Mondays in the months of February, May, August, and November. § 2. This act to take effect from its passage.

Approved February 4, 1863.

CHAPTER 812.

1863. AN ACT changing the time of holding the June term of the Trimble

Circuit Courts. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the time of holding the June term of the Trim

Time Trimble

cir. ct. changed. ble circuit court be changed from the third Monday in June; and shall hereafter commence on the second Monday in March, and continue for the same number of juridical days as now provided by law for the June term.

§ 2. That all writs and process now issued and returna. Process. ble to the June term, 1863, shall be returned to the March term, 1863, as herein provided, and be as binding in all respects as though made returnable to said March term. §3. This act shall take effect from its passage.

Approved February 6, 1863.

CHAPTER 814.

AN ACT to amend an act, entitled "an act to amend the revenue laws

of this Commonwealth," approved Febuary 28, 1862. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

$ 1. That it shall be the duty of the agent or agents of Auditor's agent the Auditor to enforce the collection of all fines and for- lections of fines feitures imposed previous to the 1st day of December, 1861, previous to Dec.

i. by any of the courts of this Commonwealth, that remain uncollected; he shall order out execution in all such cases, and take all such measures authorized by law, in the name of the Commonwealth, against the defendants owing such fines or forfeitures as shall be necessary therefor. 2. That in case any sheriff or other officer shall have

Proceedings collected any fine or forfeiture in favor of the Common- against sherido,

&c., directed. wealth, on any judgment rendered previous to the 1st day of December, 1861, and the same shall not have been paid to the proper officer, or shall have failed to make the proper returns according to law, it shall be the duty of said agent or agents of the Auditor to prosecute said officer and sureties to recover such sum or sums of money, by suit or motion against such officer, and his sureties collecting the same, or failing to make proper returns to the court in which the judgment was rendered, together with thirty per cent. damages thereon, and the costs of the proceedings. $3. This act shall take effect from and after its passage.

Approved February 6, 1863.

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