first Monday of February, 1872, to transfer, by an order, the chancery and equity causes from the circuit court to the court of common pleas of said county of Hickman, be, and the same is hereby, repealed. § 2. That an act, entitled "An act to amend an act re-establishing the courts of common pleas in Hickman county," approved 6th February, 1872, be, and the same is hereby, repealed. § 3. This act shall take effect and be in force from its passage. 1872. Approved March 18, 1872. CHAPTER 609. AN ACT to regulate the times of holding circuit courts in the 15th judicial district. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the times of holding the circuit courts in the filteenth judicial district be as follows, to-wit: 1st. In the counties of Whitley and Knox as now fixed by law. 2d. In the county of Laurel on the Monday after the Laurel. Knox circuit court, and continue twelve juridical days. 3d In the county of Rockcastle on the Monday after Rockcastle the Laurel circuit court, and continue twelve juridical days. 4th. In the county of Josh Bell on the Monday after Josh Bell. the Rockcastle circuit court, and continue six juridical days. 5th. In the county of Harlan on the Monday after the Harlan. Josh Bell circuit court, and continue six juridical days. 6th. In the county of Letcher on the Monday after the Letcher. Harlan circuit court, and continue six juridical days. 7th. In the county of Perry on the Monday after the Perry. Letcher circuit court, and continue six juridical days at the spring term, and twelve juridical days at the fall term. 8th. In the county of Breathitt on the Monday after Breathitt. the Perry circuit court, and continue six juridical days. 9th. In the county of Jackson on the Monday after the Jackson. Breathitt circuit court, and continue six juridical days. 10th. In the county of Clay on the Monday after the Clay. Jackson circuit court, and continue so long as the business of the court may require; but said courts are not required to be held in any of said courts longer than the business thereof may require. § 2. That where warrants of arrest, summons, or other process, have been executed, notifying or requiring any Service of warsummons, &c. raits of arrests, 1872. person or persons to appear at any of the circuit courts of said fifteenth judicial district at the times fixed by law, before this act takes effect, the same shall be suthicient service of said warrants, summons, or other process, for the appearance of said persons at the terms of said courts as changed by this act. §3. This act shall take effect and be in force from and after its passage. Approved March 18, 1872. Court upon pe citizens to in sons using opi CHAPTER 621. AN ACT to provide for the preservation of the estates and security of persons of unsound mind, who, by Habitua or excessive use of poisonous drugs, have become incompetent to manage themselves and estates with prudence and discretion. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That, upon the petition of any two or more respectDuty of circuit able citizens, verified affidavit, that any person has, by tition of two the habitual or excessive use of opium, arsenic, hasheesh, quire into con or any drug, become incompetent to manage themselves dition of per- or estates with ordinary prudence and discretion, or upon am, &c., to ex- information and application of the attorney for the Commonwealth, it shall be the duty of the circuit or chancery court of the county in which such person resides to cause an inquest to be held by a jury, in open court, to inquire into the fact. 0034. 2. The proceedings upon such inquest shall be the 'See Stanton's same as provided in the 6th, 7th, 8th, and 9th sections of chapter 48, article 2, of Revised Statutes, varied to suit the case. Revised Stat ate, vol. 2. pp. 25, 36, and 37. son be incom § 3. That, upon such person being found incompetent If such per- to manage himself or estate with ordinary prudence and petent to man- discretion, the court may order him and his estate into the ago himself or his estate, to custody and control of a committee of one or more perappointed, sons, with power to confine such person in any private bave comunit asylum, or in one of the lunatic asylums of this Commonwealth: Provided, That no such person shall be maintained in a public asylum at the expense of the Commonwealth, except those who have become destitute of means by the excessive use of the drugs mentioned in the first section. § 4. The court shall require of the committee or committees appointed by them security for the faithful discharge of their duties as such, and for the proper pieservation and management of the estates of such persons so found incompetent, and may, from time to time, change the committee, and have full power, jurisdi tion, and authority over the persons and estates of such persons as they now have over the persons and estates of all other persons of unsound mind. § 5. Whenever it shall be suggested to the court, by affidavit, that a person confined under the provisions of this act has been restored to competency to manage themselves and their estates, or that the inquest was false or fraudulent, the court shall forth with direct the facts to be inquired into by a jury, in open court, and all necessary orders and decrees in the premises. § 6. This act to take effect from its passage. Approved March 18, 1872. 1872. CHAPTER 643. AN ACT to protect the owners of land, and to prevent certain trespasses, in Logan and Todd counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That any person who enters upon the inclosed lands of another in Logan and Todd counties, without the consent of the owner, for the purpose of hunting or chasing any kind of game, or of catching fish, or who shall cut or destroy any growing trees or other timber upon another's land without the owner's consent or who trespasses upon his orchard or gardens, by taking and carrying away any fruit, vegetables, or melons therefrom, without the consent of the owner thereof, shall be deemed guilty of trespass, and shall be fined not less than ten nor more than twenty dollars: Provided, however, That no conviction shall be bad under this act unless the owner of the land on which such trespasses are charged to have been committed has, previous to such trespass, given notice, by advertisements, through some newspaper published in the county where said land is situated, or by printed notices posted up at three or more of the most public places upon said land, waining all persons from committing any of the trespasses aforesaid upon his land. §2. That this act may be enforced by presentment by the grand jury, or before any magistrate of said counties, upon the complaint of the owner of the lands named in the first section of this act, who shall be a competent witness for the Commonwealth in the trial of offenders under this act. §3. All fines recovered under this act shall be paid into Fines. the jury fund for said county in which the case is tried, and may be collected by capias pro fine or otherwise, as is now provided by law for the collection of other fines. 4. This act shall take effect from its passage. Approved March 20, 1872. 1872. enter into rail CHAPTER 657. AN ACT to amend the criminal laws of this Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That if any person shall willfully, maliciously, and Felony to forcibly break and enter into any railroad depot, car facroad depot. &c., tory, station house, railroad car, or express car, with with intent to intent to kill or rob any person therein, or steal property, person therein. money, or any thing of value therefrom, every person so kill or rob any offending shall be deemed guilty of felony, and, upon conviction thereof, shall be punished by confinement in the penitentiary not less than three nor more than ten years. § 2. This act shall take effect and be in force from and after its passage. Approved March 20, 1872. CHAPTER 678. AN ACT changing the time of holding the February term of the Franklin circuit court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the February term of the Franklin circuit Franklin cir- court shall herea ter cominence on the second, instead of the third, Monday in Feb uary, and continue eighteen juridical days, if the business of the term requires it. cuit court. § 2. This act shall take effect from and after its passage. Approved March 21, 1872. CHAPTER 688. AN ACT to change the time of holding the Estill quarterly court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter the quarterly courts of Estill county Estill quarterly shall be held on the first Mondays in February, May, August, and Noveinber, and continue in session as long as the businesss may require, at each term. court. § 2. This act shall take effect from its passage. Approved March 21, 1872. CHAPTER 689. AN ACT to define and locate the county line between the counties of Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1872. between Elliott §1 That the county line between Elliott and Rowan, County line near the head of the Laurel Fork of Little Sandy, be, and Rowan deand the same is hereby, located and defined, and the fined. same shall so run as to include the farm known as the David Fannin farm, in the county of Elliott. § 2. This act shall take effect from its passage Approved March 21, 1872. CHAPTER 691. AN ACT to repeal an act, entitled "An act to authorize the marking and defining and establishing the line between the counties of Pendleton and Grant." Be it enacted by the General Assembly of the Commonwealth of Kentucky: See Public Acts of 1871, That an act, entitled "An act to authorize the marking and defining and establishing the line between the coun- page 63. ties of Pendleton and Grant," approved March 15, 1871, be, and the same is hereby, repealed. Approved March 21, 1872. CHAPTER 695 AN ACT to amend an act, entitled "An act to empower county courts to take stock in turnpike roads in this Commonweath Be it enacted by the General Assembly of the Commonwealth of Kentucky: See Public Acts of ad of 1869-70, page 38. 1. That an act to empower county courts to take stock in turnpike roads in this Commonwealth be, and journed session the same is hereby, so amended as to authorize and empower the county judge, at all elections, to cast a vote for each share of stock the county has in each turnpike road in the county. That when any such turnpike road, in which the county has stock, shall declare a dividend, the amount due the county shall be paid to the treasurer of the county, to be applied in defraying the current expenses of the county. 2. This act shall take effect from its passage. Approved March 21, 1872. |