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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.

§ 2. The sheriff or collecting officer shall give to the person in whose hands said taxes may be attached, written notice of the attachment; the notice shall also warn such person to appear before the presiding judge of the 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.

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§ 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 notice mentioned in the 2d section of this act, shall be allowed 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.

Fee for serving notice.

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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 indict ment-one-half to go the State, the other half to be divid ed 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.

Vouchers for executors and administrators.

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, What sufficient 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 ju risdiction 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

to be removed shall be appointed for at least twenty days; and for the services of the said attorney a reasonable allowance shall be made him by the court to be paid out of the funds of the estate about which the proceeding is had.

§ 2. Upon the appointment of a successor to any fiduciary, so removed, he shall execute bond with good security for the faithful performance of his duties.

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

Approved March 3, 1863.

1863.

CHAPTER 1044.

AN ACT to provide for claims against the State, contracted under the
State Guard Law.

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

How persons

having gla
Ky. for propty
taken for public
use to prove

claime against State of

such claims.

§ 1. That it shall and may be lawful for any person having claims against the State of Kentucky, for property of any description, taken for public use by order of the Governor, to prove said claim before the judge of the county court, or circuit judge in the county in which the property was taken, showing the kind of property taken, by whose authority, by whom, when, where, and for what purpose, and its value. Said proof shall be certified as depositions now are required to be by law, and with the claim for- Clain to be for warded by the officer before whom the claim is taken, the Adjutant General, who shall report the same to the next General Assembly.

to

warded to Adj General.

Notice to be

torney.

§ 2. The proof aforesaid shall be taken on notice to the county Attorney, who shall attend at the time and place on county atspecified in the notice, and see that the interests of the State are protected, and, if necessary, have rebutting testimony introduced for the State. The officer taking said proof shall have power to compel the attendance of witnesses by subpoena and attachment, as now provided by law: Provided, That when the county Attorney cannot, from any cause, attend as provided herein, the judge shall appoint an Attorney to perform the duties herein required for the protection of the interest of the State.

how paid.

§3. The judge, officer, or officers executing their process, Officers' feesand the witnesses in attendance by due process of law, shall severally be paid the same fees as now allowed by law for similar service, to be paid by the party requiring the services to be performed, and the county Attorney for each day's service actually rendered, under the provisions of this act, shall be entitled to receive a reasonable compensation not to exceed five dollars per day, to be paid out

1863.

of the county levies of the county in which such service is rendered, on the certificate of the judge to the effect that the services for which compensation is demanded were actually rendered.

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

Approved March 3, 1863,

How defective woman's lands may be made

sates of married

valid.

tion of married woman.

CHAPTER 1046.

AN ACT to amend 5th article, of chapter 86, of the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That in all cases wherein a decree for the sale of the lands of married women has been rendered, in any of the courts of this Commonwealth, upon the petition of the husband or next friend of such married woman, and a sale or sales has been made under such decree, and it shall appear that there are defects or errors in the proceedings, in the procurement of the decree, that will or may vitiate the same, it shall be lawful for the husband or next friend of such married woman to file an amended petition in the court in which the proceedings were had, making said married woman a party thereto, reciting the facts of such proceeding, decree and sale, and averring that such sale, as made, was beneficial, and had redounded to the interest of such married woman; which petition shall be sworn to by the husband or next friend.

§2. Upon the filing of such petition, and the parties, Privy examina thereto being regularly before the court, it shall proceed to hear proof, and if satisfied of the truth of such petition, and if the married woman shall, upon privy examination, assent thereto, it inay render a decree, confirming such original decree and sale, which shall render the same as valid and binding, in all respects, as if the original proceedings had been in every particular, according to the requirements of the law.

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3. It shall be the duty of the attorney for the Commonwealth, upon the investigation of the truth of such petition, to attend to and represent the interest of such married woman, for which the court may allow him a reasonable fee to be paid by the plaintiff.

§ 4. This act shall be in force from its passage, and continue in force for two years thereafter, and no longer. Approved March 3, 1863.

CHAPTER 1053.

AN ACT to amend the 23d section, 1st article, 91st chapter of the Revised Statutes.

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

§1. That the 23d section, 1st article, and 91st chapter of the Revised Statutes, be amended and read as follows: When a sheriff shall die or otherwise vacate his office, his deputies shall complete the execution of any process in his or their hands; and when the term of a sheriff shall expire, he shall, by himself or deputies, complete the execution of any process in his hands; and his or their acts and omissions in this particular shall be considered as embraced in the sheriffs' official bond: Provided, That when a sheriff resigns, dies, or vacates his office, the plaintiff, in any process or execution, shall have the right, upon paying to said sheriff or his deputy, the fees and charges for services rendered up to the time of such withdrawal, to withdraw such process or execution from the hands of such sheriff or his deputy, and place the same, at his election, in the hands of any other proper officer, who shall proceed to make due execution thereof in the same manner that such sheriff or his deputy was required to do by law, and under the same pains and penalties.

§ 2. This act shall take effect from its passage. Approved March 3, 1863.

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CHAPTER 1054.

AN ACT to protect public property in the city of Frankfort. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That from and after the passage of this act, it shall be held and deemed to be a misdemeanor for any person or persons to pull down, destroy, or in any manner damage or injure any of the public buildings and offices situated upon the Capitol Square in the city of Frankfort; or to pull down, break, carry away, or in any manner injure or destroy the fencing, stone wall, gates, pavements, walks, trees and shrubbery on and around said Capitol Square; or to injure any fixture thereon; or to play ball, marbles, bandy. or any like game of sport upon any part of said Capitol Square, or in or about any of the buildings and offices situated thereon; or to dig up the grass or throw stones or other missiles upon said square, or erect any nuisance thereon; or to efface, mutilate, destroy, carry away, or in any manner injure any of the furniture, pictures, books, papers, records, and documents of any kind in and about

Unlawful to in

gure any of the public property

on the public for

square in Frank

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