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CHAPTER 121.

AN ACT to repeal an act, entitled "An act to amend section 1, article 3, chapter 47, Revised Statutes."

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

§ 1. That an act, entitled "An act to amend section 1, article 3, chapter 47, Revised Statutes," approved December 20, 1865, be, and the same is hereby, repealed. § 2. This act shall take effect from its passage.

Approved January 27, 1872.

1872.

See Myers' Supplement, p.

CHAPTER 128.

AN ACT to amend section 5, article 2, chapter 83, Revised Statutes, title "Revenue and Taxation."

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

License for imported stud

§ 1. That where a stud horse, jack, or bull may be purchased and brought into this State from any other horses, &c. State, or foreign country, by a citizen of this State, between the first day of July and the thirty-first day of December in any year, the tax on a license to stand such stud horse, jack, or bull, until the thirty-first day of December after he is brought into this State, shall bear the same proportion to the annual tax now required by law that the time for which such license has to run bears to a whole year.

§ 2. All persons making application for license under this act shall make and file, with the clerk of the court before whom such application is made, an affidavit, stating when such animal was brought into this State, where brought from, the name of the owner or owners, and that they are citizens of this State.

Approved January 30, 1872.

Affidavit of applicant to be

filed with the county clerk.

CHAPTER 137.

AN ACT to amend an act, entitled "An act to provide for the payment of the State debt."

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

§ 1. That so much of an act, entitled "An act to provide for the payment of the State debt," approved March 23d, 1871, as directs the Governor to appoint an agent to negotiate for and purchase, by and with the consent and approval of the Governor, the outstanding bonded indebt

Acts of adjourned session

See Public

of 1869-'70, p. 94.

1872.

edness of the State, be, and the same is hereby, repealed; and that the power and authority conferred upon such agent by the first and second sections of the above recited act shall cease from and after the passage of this act. §2. That this act shall be in force from its passage. Approved January 30, 1872.

CHAPTER 138.

AN ACT to declare Hood's Fork of Blain Creek a navigable stream.

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

§ 1. That Hood's Fork of Big Blain creek, in Lawrence Hood's Fork county, from its mouth to Ramey's mill, be, and the same is hereby declared to be, a navigable stream. §2. This act to be in force from its passage.

declared navigable.

Approved January 30, 1872.

CHAPTER 139.

AN ACT to amend the Laws of Evidence in this Commonwealth.

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

§ 1. No person shall be disqualified as a witness, in any Interest does civil action or special proceeding, by reason of his internot disqualify est in the event of the same as a party or otherwise; but such interest may be shown for the purpose of affecting his credibility.

party to testify.

§ 2. Nothing in the preceding section contained shall, Not to apply in any manner, affect the laws now existing relating to to settlements the settlement of estates of deceased persons, infants, idiots, or lunatics, or the attestation of the execution of wills, or of conveyances of real estate, or of any other instrument required by the law to be attested.

of deceased persons, &c.

3. Neither husband nor wife shall be competent for Husband and or against each other, or concerning any communication wife not com- made by one to the other, during marriage, whether against each called while that relation subsisted or afterwards: Pro

petent for or

other.

Exceptions.

vided, however, That in actions where the wife, were she a feme sole, would be plaintiff or defendant, the wife may testify, or her husband may testify, but both shall not be permitted to testify.

§ 4. No party shall be allowed to testify, by virtue of section one, in any action or special proceeding where the adverse party is deaf and dumb, or an infant, or is the guardian or trustee of a child or children of a deceased person, or is the committee of an idiot or lunatic,

or is the executor or administrator of a deceased person, or is the party claiming as heir or devisee of a deceased person, except in the following cases, viz:

1872.

tily as to facts

1st. In actions or special proceedings with the execu- Party may testor, administrator, guardian, or trustee of infants, heir, or after death of devisee, as above specified, a party may testify to facts decedent. which occurred after the death of the decedent or parent.

to

contrasts made

persons with

2d. In actions or special proceedings upon contracts Opposite party made by deceased persons through agents, and in which to testify the agent shall testify, a party may testify to all that by deceased transpired between him and the agent in relation to such agents, when contract and the making thereof, and in relation to any conversations or transactions between himself and such agent testified to by the agent.

3d. In actions or special proceedings of either of the classes above specified, in which any adverse party, or any other person having a direct interest in the matter in controversy, shall be called as a witness, and testify to transactions or conversations with a party to such action, such party shall also be permitted to testify as to such specific transactions and conversations.

4th. In actions or special proceedings of either of the classes above specified, in which one party calls a witness (other than an agent or person intrusted) to prove conversations or admissions of the opposite party, occurring before the death of said deceased person, but in his absence the opposite party may testify as to the same conversations or admissions.

agont testifies.

If one party is sworn. the

other can testify as to same

matters.

When oppor site party can

testify to con

versations before death of

deceased.

When claim

book account.

5th. In actions or special proceedings of either of the classes above specified, in which the claim or defense is founded on founded on book account, a party may testify as to the correctness of the original entries, if made by himself, and on such authentication of the account book and entries, said book and entries shall be admissible as evidence in the case.

party can tesin

deposition of

6th. If the deposition of a party who has died during Opposite the pendency of the suit shall be given in evidence on lify to matters the trial of such cause, the opposite party may testify as contained to all matters contained in said deposition, and not ex- deceased. cluded by irrelevancy or inadmissibility. In all actions or special proceedings by or against a surviving partner or partners, or a surviving joint contractor or contractors, no adverse party to the suit shall be a competent witness to testify to transactions or declarations or admissions made by the deceased in the absence of his surving partner or joint contractor.

§ 5. No person who would, if a party, be incompetent to testify under the provisions of section four of this act, shall become competent by reason of the assignment of his claim.

1872.

§ 6. No person shall be deemed competent to testify in behalf of his own interest, and against the interest of an adverse party, in any action or special proceeding in which such adverse party is not before the court otherwise than by constructive service.

§ 7. No one shall be incompetent as a witness because of his or her race or color.

§ 8. This act shall be in effect from its passage.

Approved January 30, 1872.

CHAPTER 169.

AN ACT regulating the time of holding the quarterly courts in Nicholas

county.

Be it enacted by the General Assembly of the Commonwealth of Kin'ucky:

§ 1. That the quarterly courts in Nicholas county shall Nicholas be hereafter held on the fourth Mondays in January, April, July, and October.

quarterly court

2. This act shall be in force from its passage.

Approved February 2, 1872.

line between

ohanged.

CHAPTER 193.

AN ACT to change the boundary line of Carroll and Gallatin counties.

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

§ 1. That the boundary line between the counties of Boundary Carroli and Gallatin be changed as follows, to-wit: ComCarroll and mencing at a point in the present boundary line at the Gallatin forks of Lick creek; thence running in a straight line to the head of George W. Sanders' mill-race, on Eagle creek, so that the part of Gallatin county southwest of the proposed line shall be included in the boundary of Carroll county.

§ 2. That the territory now in Gallatin county annexed Assessment of by this act to Carroll county shall be assessed for the

territory.

year 1872 by the assessor of Carroll county; and the estate and county revenue be collected and accounted for the sheriff of Carroll county.

3. That this act shall take effect from its passage. Approved February 5, 1872.

CHAPTER 195.

AN ACT to amend an act re-establishing the courts of common pleas in
Hickman county, in the 1st judicial district.

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

§ 1. That so much of an act, entitled "An act to repeal an act, entitled 'An act to repeal the court of common pleas in the counties of Hickman, Fulton, Graves, and Marshall, in the 1st judicial district,'" approved February 22, 1871, so far as it applies to Hickman county, and to re-enact an act approved February 6, 1867, creating the court of common pleas in the 1st, 3d, and 14th judical districts, so far as it relates to Hickman county, in the 1st judicial district, which directs the clerk of the Hickman circuit court to transfer to the docket of the court of common pleas all civil actions pending in said circuit court on the 1st day of February, 1872, be, and the same is hereby, repealed; and the said clerk is directed to make the transfer provided for in said act on the 10th day of May, 1872, unless he shall be instructed, in writing, by the plaintiff or his attorneys, not to do so. §2. This act shall take effect from its passage.

Approved February 6, 1872.

1872.

CHAPTER 197.

AN ACT to change the time of holding the county and quarterly courts of
Perry county.

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

§ 1. That hereafter the county courts of Perry county shall be held on the second Monday of each month, except the months in which the circuit courts are held.

Perry county court.

Perry quar

2. That the quarterly courts of Perry county commence on Tuesday after the second Monday in March, terly court. June, September, and December, and continue as now provided by law.

3. This act shall take effect from and after its passage. Approved February 6, 1872.

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