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1863.

be made shall tender him the Federal stamps required by the laws of the United States to be placed upon any such deed.

§ 2. This act shall take effect from its passage.

Approved March 2, 1863.

CHAPTER 999.

AN ACT supplemental to an act laying off the State into nine Congressional Districts.

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

§ 1. That so much of the Congressional apportionment bill, passed at the present session of this General Assembly, as adds Casey county to the 8th district be changed, so as to make Casey county part of the 4th district. § 2. This act to be of force from its passage.

Approved March 2, 1863.

ral Board.

CHAPTER 1004.

AN ACT to locate an Agricultural College.

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

§ 1. That the State Agricultural Board, composed of the State Agricultu- following persons, to-wit: Laban J. Bradford, President; Philip Swigert, J. B. O'Bannon, and John P. Campbell, Vice Presidents; and of the First District, O. H. Burbridge, Zeb. Ward, L. P. Tarlton, Anthony Killgore, and J. H. G. Bush; and of the Second District, G. Mallory, S. T. Drane, Geo. Denny, Alf. Allen, and James S. Wallace; and of the Third District, Archie Dixon, R. B. Ratliff, W. B. Woodruff, Sam'l Murrill, and Edward R. Weir-be and they are hereby appointed commissioners to examine and report to the next General Assembly upon the advantages of various localities, and the inducements offered by each for the location of a State Agricultural College.

§ 2. That this act shall be in force from and after its pas

sage.

Approved March 2, 1863."

CHAPTER 1006.

AN ACT providing for allowing claims against the Commonwealth in
Whitley county.

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

1863.

How Whitley
claims

county
may be certified

district.

§ 1. That the judge of the twelfth judicial district, if unable safely to hold the spring term of the circuit court for Whitley county, from the fact of the occupancy of said in 12th judicial county by Confederate armed forces, he may allow, and have certified the claims of officers and citizens of Whitley county against the Commonwealth, at any other court in said district, when proven according to law.

§ 2. That claims allowed under the provisions of the first section of this act, and all orders in relation thereto, shall by order of said court, be transferred to the records of the circuit court clerk's office of Whitley county there to be recorded, and filed in the same manner as if regularly allowed in the Whitley circuit court.

§3. This act to be in force from its passage.

Approved March 2, 1863.

CHAPTER 1012.

AN ACT regulating appeals from Justices and Police Courts and officers of the Quarterly Courts.

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

§ 1. That upon all judgments hereafter rendered in justices and police courts, where the amount in controversy is of the value of twenty dollars or more, exclusive of interest and cost; and where an appeal is prayed, either party may direct that the appeal shall be taken direct to the circuit court, If either party so direct, the justice or police judge rendering the judgment shall make a minute of the same, as part of the record. The appeal and costs in all other respects shall be regulated as now provided by law. § 2. That deputy clerks of quarterly courts are hereby authorized to administer oaths and certify the same, in all cases where the presiding judge is so authorized, and shall be entitled to the same fees therefor.

§ 3. This act to take effect from its passage.

Approved March 2, 1863.

Appeals in cer

tain cases-allowed to circuit

court.

Oaths may be

administered by quarterly courts

deputy clerks of

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.

§2. When a partition fence has existed, or may hereaf Partition fences. 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.
Proviso.

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.

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