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 Be it enacted by the General Assembly of the Commonwealth of Kentucky: How persons against claima having state of Ky. for propty use to prove taken for publie 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 forwarded by the officer before whom the claim is taken, to the Adjutant General, who shall report the same to the next General Assembly. warded to Adj General. Notice to be given county at § 2. The proof aforesaid shall be taken on notice to the county Attorney, who shall attend at the time and place on specified 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' fecuand 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 made sates of married may be 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. 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: 1863. How execution comput'd where sheriff dies or fice, or his term of process to be vacates his of expires. §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 Proviso. 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. 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: gure any of the public property on the public square in Frankfor § 1. That from and after the passage of this act, it shall Unlawful to inbe 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 1863. Penalty. ted. any of the public buildings and offices aforesaid, or other thing pertaining thereto. § 2. Any person or persons who may be found guilty of any of the offenses enumerated in the first section of this act, shall be fined or imprisoned, at the discretion of a jury, or both so fined and imprisoned, and shall also be adjudged to pay the costs of the prosecution; and shall moreover be liable, in a civil action, for double the value of the property destroyed or injury done. §3. All prosecutions and suits brought under this act shall How prosecu- be in the name and for the use of the Commonwealth of Kentucky, and may be brought at the instance of any person capable of being a witness; but should a warrant be sued out or suit brought at the instance of any person holding a civil office in this tate, or any person having the custody, care and control of said public square, the public buildings and fixtures pertaining thereto, or furniture, books, pictures, papers, records and documents in and about any of the public offices situated thereon, such officer or person shall not be liable for the costs of any such suit or prosecution. § 4. The Police Court of the city of Frankfort and the CirCourts having cuit Court of Franklin county, shall have concurrent jurisdiction of all suits and prosecutions for violations of this Jurisdiction. Final process. act. § 5. A capias profine, or any other final process, may issue, from time to time, upon a judgment against any person or persons for a violation of any of the provisions of this act, until the same be fully satisfied. § 6. This act to be in force from its passage. Approved March 3, 1863. CHAPTER 1055. AN ACT to amend an act, entitled, "An act to amend an act, entitled, § 1. That the provisions of an act, entitled, “An act to amend an act concerning the collection of the public revenue and county levy for the years 1861 and 1862,❞ approved August 28th, 1862, in certain counties of this Commonwealth, be and the same is hereby extended to embrace the collection of the revenue and county levy for the various counties of this Commonwealth for the year 1863. § 2. This act shall take effect from its passage. Approved March 3, 1863. CHAPTER 1061. AN ACT to amend an act, entitled, an act concerning the Penitentiary. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1863. Com'rs Sinking Fund to loan to keeper $10,000 raw material & money. Interest. § 1. That the commissioners of the Sinking Fund shall loan to the Keeper ten thousand dollars in raw materials and in money, (the former to be received by the State from the outgoing Keeper,) during his term of office, for which he shall pay to them, annually, interest at the rate of six per cent. per annum, until the principal is returned; and for the payment of the principal and interest shall execute bond Bond and sureto said commissioners, with sufficient sureties, to be approved by them. § 2. The first sub-division of section 1st of the act, entitled, an act concerning the Penitentiary, approved March 2d, 1863, is hereby repealed, together with all the provisions of said bill inconsistent with the provisions of the 1st section of this act. § 3. This act shall be in force from its passage. Approved March 3, 1863. ty. clause. Repealing CHAPTER 1062. AN ACT to amend an act, entitled, an act for the protection of small birds and other game. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section 2 of an act, entitled, an act for the protection of small birds and other game, approved the day of August, 1861, be and the same is hereby repealed. Unlawful between 1st March to pursue certain small birds on the lands of another. The same as to wild ucks, &c., be tween 1st May and 15th Sept. 2. That it shall be unlawful, on the lands of another person, at any time after the first day of March, and before and 1st October the 1st day of October, of each year, to catch, kill, or in any manner destroy, or pursue with such intent, any quail, partridge, or pheasant; or at any time after the 1st day of May, and before the 15th day of September, of each year, to catch, kill, destroy, or pursue any wild goose, wood duck, teal, or other wild duck; or at any time after the 1st day of January, and before the 1st day of June, of each year, to catch, kill, destroy or pursue any woodcock, or to have in and 1st June. possession, or to expose for sale, any of the birds or game mentioned in this act, during the time that the killing of the same is prohibited: Provided, That nothing in this act shall prevent the killing at any time of birds of prey, crows or black birds. Approved March 3, 1863. Same as to woodcocks between 1st Jan'y |