1863. CHAPTER 1016. AN ACT to amend subdivision 2, of section 1, of article 5, of chapter 86, of the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the 2d subdivision of section 1, of article 5, of 2 S. R. S., p. 309. chapter 86 of the Revised Statutes of Kentucky, be amended by adding thereto the following words: But where the sale of the land or slaves shall be necessary for a division between those entitled, the foregoing formalities shall not be required; but the court may decree the sale, such married woman being before the court by the petition of her husband or next friend, or as an ordinary defendant. § 2. This act shall take effect from its passage. Approved March 2, 1863. CHAPTER 1020. AN ACT to change the time of holding the Equity and Criminal Court in Monroe county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter the terms of the equity and criminal court for Monroe county shall commence on the second Monday in May, and third Monday in November, and continue each term six juridical days. § 2. That this act shall take effect from its passage. Approved March 2, 1863. fence. CHAPTER 1021. AN ACT to amend chapter 50, Revised Statutes, entitled, "Inclosures and Certain Trespasses." Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That every strong and sound fence of rails, or What a lawful plank, or iron, five feet high, and being so close that cattle or other stock cannot creep through, or made of stone or brick, four and one-half feet high, shall be deemed and held to be a lawful fence. Partition fences. §2. When a partition fence has existed, or may hereaf ter exist, by agreement or acquiesence between two or more persons, neither party shall remove the same without the consent of the other, except between the 1st of November and the 1st of March, in any year. § 3. No such change as named in the 2d section of this act shall be made, unless six months previous notice, in writing, shall be given to the opposite party by the person desiring to make the same. § 4. Whenever a division fence shall hereafter exist, as contemplated in 2d section of this act, each party thereto shall be required to keep a lawful fence on his proportion of the line, and in case he neglects or fails to do so, the party so failing shall be liable for all the damage the other party may sustain from the trespassing of cattle or other stock over said division fence, and the party sustaining the injury may bring his suit, and recover the same, as is now provided for by law in cases of trespass. § 5. The section, and parts of sections of the act to which this is amendatory, are hereby repealled, so far as they are inconsistent with this act. 6. This act shall take effect from its passage. Approved March 2, 1863. 1863. Notice. Parties to divis ion fence; how responsible. CHAPTER 1022. AN ACT regulating itinerent dealers in skins and hides. Whereas, great injury results in some sections of this State from the slaughtering of valuable animals by others than their owners, without authority, merely for the purpose of obtaining their skins or hides for traffic with itinerent dealers in skins and hides in the country; in order to protect the law-abiding people against these abuses— Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That every itinerent dealer in skins and hides, when he travels through the country gathering up such articles for sale again, shall obtain a license before he shall pursue such calling in Shelby county. Such license shall be obtained from the county court clerk on the payment of one dollar for each one hundred voters in the county before such person shall pursue such calling; the clerk shall take a minute description of such person, which shall be incorporated in the license, and shall affix his seal of office thereto. He shall report the same as other taxes, and for his services, and affixing the seal, he shall be entitled to one dollar. The tax, so collected, shall be paid over to the trustee of the jury fund: Provided however, That persons keeping goods and groceries for sale at their store house, for the purpose of trade, shall be exempt from the provisions of this section. Any one violating this section shail, for each offense, be fined fifty dollars. § 2. No itinerent dealer in skins and hides shall buy or retail for, nor shall any one sell or trade to, an itinerent Itinerant deal'rs in skins to obShelby county. tain license in Rate of tax. Tax to be paid to trustees jury fund. Card to be attached to hide. 1863. Penalty. dealer in skins and hides, any skin or hide without having affixed to such hide or skin a card of leather or paper, on which shall be written the name of the owner, and the date of the sale or disposal of such skin or hide; and any itinerent buyer of or dealer in hides, who shall have a skin or hide found in his possession without such mark, shall be fined fifty dollars for each skin or hide so found unmarked, unless he can identify the skin or hide as sold to him by the owner who had a right to sell it. The penalties to be recovered before the county judge, police judge, or justice of the peace; one-half to go to the prosecutor and the other half to the common school fund. The officers by whom the trial is had and conducted may have the usual fees for Tapply to trying cases and bringing the parties to trial. This act to apply to Shelby county only. How recevered. Shelby co only. 3. This act to take effect from its passage. Approved March 2, 1863 Commiss'rs in chance'y to have power to issue subpoenas for witnesses, issue attachments, &c CHAPTER 1032. AN ACT conferring certain powers upon Master Commissioners. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That master commissioners in chancery shall have power to issue subpoenas for witnesses, whose evidence may be required, touching any matter pending before such commissioner, directed to any constable, sheriff, or marshal. Any person failing to attend, as required by such summons, when the same shall have been duly executed, shall be liable to be attached. The master commissioner shall have power to issue an attachment against the person so failing to appear in obedience to the summons, fixing the day for the return of the attachment, and allowing the person against whom the attachment issues to give bond, with security, for his or her appearance on the day fixed for the return of the attachment, in a penalty not exceeding $25. Upon the appearance of the person attached the commissioner shall have power to impose a fine for contempt of the summons, in any sum not exceeding ten dollars, or may discharge the party without fine, if in his judgment it would be proper. Commissioners shall, in cases where they impose a fine, report the same, together with a statement of the cost, to the circuit or chancery court of his county; and the court shall render judgment in conformity with the judg. ment of the commissioners, unless good reasons be shown How hond to be why judgment should not be rendered. In case any person against whom an attachment is issued gives bond for his or her appearance, and fails to attend, the fact shall be certified on the bond by the commissioner, and the bond Impose fine. Proceedings to circuit or chan'y be confirmed by court. forfeited. returned to the circuit or equity court of his county; and the court shall have power to such bond, and proceed thereon as in other cases of like character. § 2. This act shall take effect from its passage. Approved March 3, 1863. 1863. CHAPTER 1033. AN ACT authorizing sheriffs and other collecting officers to attach for the payment of State revenue and county levy. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall and may be lawful for the sheriff, or other collecting officer of the public revenue or county levy, in the several counties of this Commonwealth, whenever the tax payer fails or refuses to pay the revenue tax or county levy due by him, or is insolvent, to attach any choses in action or debts due to said tax payer within the county, for the payment of said taxes. Notice to be before presid'g judge co. court, who shall hear attachment. § 2. The sheriff or collecting officer shall give to the person in whose hands said taxes may be attached, writ- given to appear ten notice of the attachment; the notice shall also warn such person to appear before the presiding judge of the and determine county, at the office of said judge, on a day to be fixed by the sheriff or collecting officer, not less than ten days after the service of the notice, to answer as garnishee; and it shall be the duty of the said judge, in a summary way, without written pleadings, to hear and determine the attachment, as in cases of attachment upon a return of no property found upon an execution; and if he sustains the attachment, to give the sheriff or collecting officer a written order to collect said taxes out of the estate of the person in whose hands the same were attached; and by virtue of which distress may be made as in other cases for the collection of taxes. §3. The service of the notice, as provided for in the 2d Effect of notice. section of this act, shall operate as an attachment and restraining order, and have the same force and effect as other attachments granted under the laws in force upon that subject. § 4. The sheriff or collecting officer, for serving the no- Fee for serving tice mentioned in the 2d section of this act, shall be allow- notice. ed a fee of twenty-five cents, to be paid by the tax payer. § 5. This act to take effect from and after its passage. Approved March 3, 1863. 1863. Runaway slave contrary to law. not to be sold Penalty. CHAPTER 1038. AN ACT to amend the penal laws. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That if any person shall knowingly sell, or otherwise dispose of, any runaway slave in any manner other than is prescribed by law, shall forfeit twice the value of the slave so sold or disposed of, to be recovered by indictment-one-half to go the State, the other half to be divided betwixt the informer and the attorney for the Commonwealth; the offender to be imprisoned till the fine is paid. §2. This act to be in force from its passage. Approved March 3, 1863. What sufficient ecutors and ad Vouchers for ex ministrators. CHAPTER 1039. AN ACT in relation to the vouchers of Executors and Administrators, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all vouchers of administrators or executors, heretofore proved before an officer competent to adminis ter an oath, and which are substantial compliance with the requirements of the 35th section, 2d article, and 37th chapter of the Revised Statutes, shall be good and sufficient vouchers, though the language of said section has not been followed in the proof. § 2. This act shall take effect from its passage. Approved March 3, 1863. CHAPTER 1940. AN ACT to amend the law in reference to Executors and other fidu ciaries. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That when any executor, administrator, guardian, trustee, committee of an idiot or lunatic, commissioner of be removed for court, or any other fiduciary, shall be in the service of the Fiduciary may certain causes. Proviso. Attorney to be appointed; compensation. so-called Confederate States, in any capacity, or shall have voluntarily gone into the Confederate States or within their military lines, and still remain there, the court having jurisdiction shall, upon satisfactory proof, remove said fiduciary, and appoint another in his place, who have the same rights, and be liable to the same responsibilities, as the person removed: Provided, That before such removal is ordered an attorney to defend the fiduciary sought |