any suit shall be dismissed for the non-attendance of an attorney practising either in the superior or inferior courts, not having a just and reasonable excuse, it shall be at his costs, and he shall moreover be liable for all damages his client shall sustain by such dismission, or any other neglect of his duty, to be recovered in any court of record in this state. And every attorney re- Attornies fail ceiving money for his client, and refusing to pay the ing to pay cli same when demanded, shall be proceeded against in a summary way, on notice, before any court of record, in the same manner that sheriffs are liable to be proceeded against for money received on executions.

ents theirmo.

ney.

IV. And be it further enacted, That after obtaining Executions a final decree for lands, slaves, or money, or things of on decrees. a specific nature, the clerk of the county court shall, upon the request of the party obtaining such decree, issue any writ of execution, either a fieri facias, capias ad satisfaciendum, habere facias possessionem, or any judicial process which may now issue from such court, according to the nature of the case, for carrying the said decree into effect; which writ shall issue in the name of the commonwealth, and bear teste, and be signed by the clerk of the court: And all process so issued shall be executed and returned to the clerk's of fice from which the same issued, from term to term, on the return days thereof, by the officer or officers to whom the same shall be directed, and shall have the same operation and possess the same force to all intents and purposes, as similar process issued upon judgments at common law. The officer or officers to whom any such process is directed. shall be subject to the like penalties for misconduct or neglect; and the county court shall exercise in this, and in all cases relating to such process, the same powers as if the said process had issued upon a judgment obtained at common law: But Not to affect nothing herein contained shall prohibit any party from former reme. proceeding to carry any order or decree of the county court in chancery into execution, in any manner in which he might avail himself before the passing of this act. No bail shall be demanded on a writ of capias ad respondendum, which shall be issued against a resident of one county in any other, until a non est inventus has been returned in the county in which the defendant resides, upon a capias issued in the same suit against such defendant; and every writ issued VOL. XII.

K 3

dy.

Bail

contrary thereto, without an indorsement of "no bail required," shall be voidable at any time before issue joined, or judgment by default, nil dicit; or non sum informatus thereon, but not afterwards: Provided, That no such writ issuing from the county in which the cause of action accrued, shall be voidable by reason of bail being required thereon.

V. And be it further enacted, That the court of Certain court quarter sessions for the counties of Bourbon, Madison, days altered. and Fayette, heretofore held in the months of March and November, and which has been found to interfere with the sessions of the district of Kentucky, shall from and after the first day of May next, be held in the months of February and October, instead of the said months of March and November. And that the courts of quarterly sessions in the counties of Washington, Montgomery, Russel, and Pendleton, shall be held on their respective court days in the months of April, June, September, and November in every year.

VI. So much of every act or acts as comes within the purview of this act, shall be, and the same is hereby repealed.

Arrearages of taxes, pri

or to 1787, how paid.,

CHAP. XI.

An act to encourage the speedy payment of arrearages of taxes into the public treasury.

[Passed the 20th of December, 1787.]

I. WHEREAS many judgments have been obtained in behalf of this commonwealth against sheriffs, for taxes due prior to the year one thousand seven hundred and eighty-seven, together with interest and damages thereon and costs; and it is judged expedient that such sheriff's should be exonerated from the payment of a larger sum than will reimburse the public;

11. Be it therefore enacted by the General Assembly, That it shall and may be lawful for every sheriff or collector, against whom any judgment hath been or shall

be obtained, for taxes due prior to the said year one thousand seven hundred and eighty-seven, to discharge the same by the payment of the principal sum, together with six per centum per annum interest thereon, and costs; any law to the contrary thereof notwithstanding.

III. Provided always, That no sheriff or collector shall be entitled to the benefit of this act, unless he shall make payment of one half the amount of such judg ment, on or before the first day of April next, and also full payment of the balance on or before the first day of August next. And whereas doubts have arisen un· Remedy of der the act, to empower the high sheriffs to proceed in executors & a summary way against their deputies, and for other administra tors of high purposes, whether the executors and administrators of sheriff's athe high sheriff shall be entitled to the remedy provided gainst their by the said recited act against the under sheriff of such deputie a. sheriff;

IV. Be it further enacted, That in case of the death of any high sheriff, the executors and administrators of such high sheriff shall have the same remedy gainst the under sheriffs of the said sheriff and their sečmites, his and their executors and adminstrators, as is provided in the said recited act in case of the high sheriff.

CHAP. XII.

An act to amend an act, for establishing a district court on the western

waters.

{Passed the 4th of December, 1787.]

court of chan

I. WHEREAS all the citizens of this common- Laws regulawealth are entitled to uniform government, and it is ting high doubtful whether the laws that have passed since the cery aud geestablishment of the supreme court for the district of neral court, Kentucky, regulating the proceedings to be had in the extended to high court of chancery and the general court, do extend to the said supreme court, in those cases where tucky. that court is not particularly named;

supreme court of Ken

11. Be it enacted by the General Assembly, and it is hereby declared, That all laws that have been enacted since the establishment of the said supreme court, and that hereafter may be enacted, relative to the jurisdiction of the high court of chancery and general court of this state, and for regulating judicial proceedings in either of them, do, and shall extend to the said supreme court, in all cases, where for public conveniency it is not in such acts otherwise provided, and the said supreme court expressly excepted.

III. And be it further enacted and declared, That the said supreme court has been, and shall be at all times subsequent to the institution thereof, invested with the same powers, and subject to the same regulations within the said district, as by law has been or shall from time to time be exercised by the said high court of chancery and general court in the other parts of the state; and that all conveyances for lands within the said district, and all deeds admitted to record in the said supreme court, on due proof, acknowledgment, or certificate; all licences granted by examiners appointed by the said court, or by the judges thereof, to attorneys, counsellors, or proctors at law for the district, with all and every other proceeding and proceedings in the said supreme court, which are conformably to the proceedings of the said high court of chancery and general court, as the case requires, and that are authorised by law at the time being, are and shall be, and are hereby declared to be good and valid; any seeming ambiguity or contrariety that is in the laws thereto respecting, notwithstanding. And whereas, it has been represented to the present general assembly, that the proceeds of the deputy register's office in the district of Kentucky, are becoine inadequate to the payment of the annual salaries of the judges and attorney-general of the said district, and of consequence the business of the said deputy register much diminished; and as it is reasonable that salaries and services ought to bear a just proportion to each other,

IV. Be it further enacted, That from and after the passing of this act, the deputy register of the said disirict shall receive for his services, the sum of one hundred pounds per annum, and no more.

V. And be it further enacted, That if the sum arising from the said deputy register's office should, after the

reduction of his salary as aforesaid, prove inadequate to the discharge of the salaries of the said judges and attorney-general, as directed by act of assembly, that then, at the end of each term or quarter, the said judges and attorney-general shall make a settlement with the deputy register for their quarterly salaries, and take a certificate from him of the balance at that time due to them, or each of them respectively; which said balance shall, on presentation of the said certificate, be paid off by the clerk of the said district court, or of any of the county courts within the said district, if so much money be in his or their hands, out of the money arising from the tax on ordinary licences, law process, alienation of lands, or the tax laid by the general assembly of this state, in the year one thousand seven hundred and eighty-six, on his or their annual fees; and all such certificates, with the proper receipts on them, of his or their having actually paid the money as aforesaid, shall be credited to him or them in the settlement of their accounts, in the same manner as if such money had been by them paid into the treasury. And whereas it is further represented to this general assembly, that it is attended with inconvenience and expence to the parties concerned, without producing any benefit to this commonwealth, for the sheriff and other officers belonging to the said supreme court of the district of Kentucky, to apply to the treasury of this commonwealth, for the payment of the salaries or stipends allowed them for their several services;

VI. Be it further enacted, That from and after the passing of this act, the said district court, at the end of each term, shall proceed to make an allowance to each of their said officers, according to what they shall adjudge an equivalent to their services respectively, not exceeding the allowance given to the like officers of the general court or high court of chancery aforesaid; which allowance respectively shall be entered by the clerk of the said district court on his minute-book, and an attested copy thereof be by him delivered to each of the said officers respectively; which attested copy or copies may be by such sheriff, or other officer, presented to the clerk of the said district court, or any of the county court clerks within the said district; which clerk or clerks, after paying off the deficiency to the judges aforesaid, if any such deficiency should happen,