1872. CHAPTER 84. terly court. AN ACT to change the time of holding the Quarterly Courts in Ballard County. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the quarterly courts in Ballard county shall Ballard quar- be held on the first Mondays in December, March, June, and September, instead of the second Mondays in February, May, August, and November, the times now required by law for holding of said courts. Process. § 2. That all process in said courts shall be made returnable at the terms of said court herein specified and directed to be held. § 3. That all acts or parts of acts coming in conflict with this act are hereby repealed. § 4. That this act shall take effect from and after the 1st day of March next. Approved January 19, 1872. railroads, turn make company the amount due them, &c. CHAPTER 89. AN ACT for the security of persons furnishing Labor or Materials, in the construction or repairs of Railroads, Turnpikes, and Gravel Roads. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That as often as any contractor for the construction Laborers on or repairs of any part of a railroad, turnpike, or gravel pikes, &c., can road, in this Commonwealth, shall be indebted to any responsible by person for labor performed or materials furnished in the notifying it of construction or repairs of such railroad, turnpike, or gravel road, such person may give notice of such indebtedness to the company in the manner hereinafter provided, and said company shall thereupon become liable to pay such person the amount due him for such labor or materials, provided it does not exceed the amount owing the contractor at the time the notice is given. The On whom no- notice shall be given within thirty days after such person ed; action to be shall have ceased to render such labor or furnish such begun in thirty materials, and shall be in writing, signed by the party, vice of notice. his agent or attorney, and set forth the amount due, and for what the same is due, together with the name of the contractor from whom the same is due, which notice may be served on the president, treasurer, or secretary of the company, or on an engineer, or managing agent, or superintendent employed by the company, having charge of the road where the labor was performed or the materials furnished; but no action shall be maintained against any company under the provisions of this act unless the tice to be serv days after ser same is commenced within thirty days after such notice is 1872. given; and the contractor shall be made defendant to such action. §2. This act shall take effect from its passage. Approved January 24, 1872. CHAPTER 90. AN ACT to amend section 6, article 6, chapter 32, title "Elections," of the Be it enacted by the General Assembly of the Commonwealth of Kentucky: How vacancy in judge during office of county the first three years of his term is filled. § 1. That when a vacancy shall occur in the office of any presiding judge of a county court within the first three years for which he may have been elected to said office, it shall be the duty of the clerk of the county court to issue a summons, directed to the sheriff or any constable of the county, requiring him to summons the justices of the county to convene at the court-house on a day named in the summons, which shall be not less than ten nor more than twenty days after the issual of said summons, who shall proceed to fill said vacancy temporarily, as prescribed by subsections one, two, and three of section six, article six, chapter thirty-two, of the Revised Statutes, until the ensuing first Monday in August, and until his successor qualifies. The clerk of the county court shall issue a writ of election to perma- sued by county nently fill said vacancy as prescribed by section two, and subsections thereto, of article six, chapter thirtytwo, of the Revised Statutes. § 2. Section six of article six, chapter thirty-two, of the Revised Statutes, is hereby repealed, so far as the same is in conflict with this act. §3. This act shall be in force from its passage. Approved January 24, 1872. Writ of eleotion to be is clerk. CHAPTER 91. AN ACT to amend an act approved February 10, 1866, entitled "An act to exempt Homesteads from sale for Debt." Be it enacted by the General Assembly of the Commonwealth of Kentucky: See Myers' Supplement. P § 1. That section six (6) of an act, entitled "An act to exempt homesteads from sale for debt," approved Feb- 714 ruary 10, 1866, be, and the same is hereby, so amended as hereafter to extend the provisions of said act to every 1872. bona fide housekeeper with a family within this Commonwealth, irrespective of race or color. § 2. That this act shall take effect from and after its passage. Approved January 24, 1872. be published Governor. CHAPTER 93. AN ACT to amend chapter 28 of the Revised Statutes, title "Crimes and Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That whenever the Governor of this State shall Proclamation issue his proclamation, offering a reward for a fugitive offering reward or fugitives from justice, or any one charged with crime, he may from justice to order the same published in a newspaper or not, as he at discretion of shall deem proper under the circumstances and the interest of the State; and if he shall order the same so published, he shall designate the paper or papers in which the publication shall be made, and the number of times Account to be it shall be published. The account for such publication, approved by the with the approval of the Governor indorsed thereon, shall be paid out of the public treasury. Governor. §2. All laws in conflict with the provisions of this act are hereby repealed; and this act shall take effect from its passage. Approved January 24, 1872. Revised Stat 240. CHAPTER 94. AN ACT to amend section 4 of article 2 of chapter 83, of the Revised Be it enacted by the General Assembly of the Commonwealth of § 1. That hereafter the proprietors or managers of any See Stanton's itinerant theatrical performance shall only be required to ates, vol. 2, p. pay a license tax to the State of twenty dollars for each day's exhibition in any county or city in this State; and so much of section 4 of article 2 of chapter 83, of the Revised Statutes, as is in conflict with this act, be, and the same is hereby, repealed. 2. This act shall take effect from and after its passage. Approved January 24, 1872. CHAPTER 106. AN ACT to amend an act, entitled "An act to provide for the organization and regulation of Incorporated Companies, except Banking, Railroad, and Insurance Companies," approved March 15th, 1870. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1872. porations au § 1. That any incorporated company, organized under Certain corthe provisions of an act, entitled "An act to provide for thorized to hythe organization and regulation of incorporated compa- bonds. pothecate its nies, except banking, insurance, and railroad companies," approved March 15, 1870, shall be, and is hereby, authorized and empowered to execute and sell or hypothecate its bonds, with coupons or interest warrants attached, secured by mortgage or deed of trust upon its property and franchises, to an amount not exceeding the whole amount of its paid up capital stock, payable at such times and places as such corporation may deem proper, and bearing interest at any rate not exceeding ten per centum per annum, for the purpose of raising money to be used in prosecuting the business of such corporation, or paying off and discharging its general indebtedness; but no such corporation shall have any power or authority to indorse or guarantee the bonds or other obligations of any other corporation or association, or to loan its credit, in any form, to, or in aid of, any other corporation or association, for any purpose whatever. § 2. This act shall take effect from and after its passage. Approved January 24, 1872. CHAPTER 110. AN ACT to amend an act, entitled "An act authorizing the sale of real estate and slaves in which there is a future contingent interest," approved August 23, 1862. Be it enacted by the General Assembly of the Commonwealth of Kentucky: See Myers' Supplement, p. § 1. That the third section of the act approved 23d of August, 1862, entitled "An act authorizing the sale of 426. real estate and slaves in which there is a future contingent interest," be so amended to read as follows: "SEC. 3. The court shall, by its decree, secure the proceeds of sale, and cause the same to be reinvested in the same kind of property, to be conveyed and held in the same manner, and subject to the same limitations, trusts, and conditions, as the property which was sold ; or upon a sale of a part of such property, the proceeds may be invested in suitable improvements upon the remaining land, under the direc 1872. tion of the court: Provided, however, That the court may pay accounts of veying convicts CHAPTER 113. AN ACT to authorize the Auditor of Public Accounts to audit and settle claims of sheriffs of this Commonwealth for conveying convicts to the Penitentiary of this State. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter it shall be lawful for the Auditor of Auditor to Public Accounts, upon the production of the receipt of sheriff for con- the Keeper of the Penitentiary for the delivery of pris to Penitentiary. Oners or convicts, to audit and settle the account of the sheriff, guards, or officer for conveying said convict or convicts, and if found to be correct, said Auditor shall draw his warrant upon the Treasurer for the amount of such claim. §2. All acts and parts of acts coming in conflict with this act are hereby repealed. §3. This act shall take effect and be in force from its passage. Approved January 25, 1872. of common pleas court. CHAPTER 118. AN ACT to amend section 2, article 13, chapter 36, of the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That section 2, article 3, chapter 36, of the ReSales of land vised Statutes, be so amended, that, in addition to the on first Monday times now fixed by law, hereafter sales of land under execution may be made on the first day of a common pleas court, in such counties as such courts are now or may hereafter be established, under the same rules as now provided in the chapter to which this is an amend ment. § 2. This act shall take effect from its passage. Approved January 27, 1872. |