approved February 17, 1858, which said bank is authorized to hold to the extent of one half of her capital stock actually paid in, and no more; with this condition, that for each one hundred thousand dollars of such profits accumulated, the privilege granted to said bank by its charter, to issue notes to pass as money, to a like extent be curtailed; and provided no part of the present capital paid in and employed by any branch shall be withdrawn without the consent of the board of directors of such branch. § 2. The Southern Bank of Kentucky is authorized to increase its surplus or contingent fund to the same extent, and on the same terms and conditions of this act which apply to that subject. Approved February 11, 1860 Bath. Carter. Lawrence. Johnson. Pike. Floyd. and Powell. CHAPTER 193. AN ACT regulating the Circuit Courts of the Eleventh Judicial District. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the spring and fall terms of the Bath circuit court shall begin as now required by law, and continue eighteen juridical days at each term, if the business of the court require it. That the terms of the Carter circuit court shall begin the Monday succeeding the close of the Bath circuit court, and continue twelve juridical days, if the business of the court require it. That the terms of the Lawrence circuit court shall begin the Monday succeeding the close of the Carter circuit court, and continue twelve juridical days, if the business of the court require it. That the terms of the Johnson circuit court shall begin the Monday ensuing the close of the Lawrence circuit court, and continue six juridical days. That the terms of the Pike circuit court shall begin the Monday succeeding the Johnson circuit court, and continue twelve juridical days, if the business of the court require it. That the Floyd circuit court shall begin the Mondays ensuing the close of the Pike circuit court, and continue eighteen juridical days, if the business of the court require it. That the Montgomery and Powell circuit courts shall Montgomery respectively begin as now required by law, except that the July term of the Montgomery circuit court is hereby abolished; but it shall be the duty of the judge of said court, whenever the business shall require it, and it will not conflict with any of the terms in said circuit now established by law, to order and hold special terms of said court for the trial of chancery and criminal causes; notice of which shall be given as now required by law. § 2. This act to take effect from and after its passage. Approved February 11, 1860. 1860. CHAPTER 207. AN ACT to amend the 2d section of an act directing certain terms of the Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That in any suit in ordinary, brought in the Kenton circuit court at Covington, the defendant or defendants may, if he or they all reside in Kenton county, and nearer to the court-house in Independence than to the city of Govington, in writing require the sheriff or other officer, at the time the summons or other original process is executed, but not afterwards, to note in his return that such defendants, or any one of them, elects to have the cause tried at Independence, and the officer so notified shall return the process, accompanied with said written notice, to the clerk of the court whence it issued, indorsed "to be tried at Independence;" and upon such return being made, the clerk of said court shall docket the case for trial at the next term, to be held at that place: Provided, That no defendant shall have the right to make such election after the cause has been tried, as to any of his co-defendants, or where the cause has passed one term on the docket at Covington. Defendant in may in certain cases elect to Covington, and officer so to re have trial at § 2. That in any suit in ordinary, brought in the Kenton circuit court at Independence, the defendant or defendants like may, if he or they all reside in Kenton county, and nearer to the city of Covington than to the court-house in Independence, in writing require the sheriff or other officer, at the time the summons or other original process is executed, but not afterwards, to note in his return that such defendants, or any of them, elects to have the cause tried at Covington; and the officer so notified shall return the process, accompanied with said written notice, to the clerk of the court whence it issued, indorsed, " to be tried in Covington;" and upon such return being made, the clerk of said court shall docket the case for trial at the next term of the court to be held at Covington: Provided, That no defendant shall have the right to make such election after the cause has been tried, as to any of his co-defendants, or where the cause has passed one term on the docket at Independence. §3. That in all cases where an election is made, as provided in the preceding sections, it shall be the duty of the sheriff or other officer to return the summons or other original process to the office of the clerk within ten days from the time the same is fully executed. 1860. Repealing clause. § 4. That so much of the second section of an act, approved February 21, 1850, entitled "An act to direct certain terms of the Kenton circuit court to be held in Covington," as is inconsistent with the provisions of this act, be, and the same is hereby, repealed. § 5. This act shall take effect from and after the first day of April next. Approved February 15, 1860. CHAPTER 225. AN ACT to change the time of holding the Garrard County Courts. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That hereafter the county courts of Garrard county shall be held on the fourth Mondays in each month, except February and August, and in said months they shall be held on the second Monday. Approved February 15, 1860. Acknowledg before Mayor heretofore CHAPTER 227. AN ACT to legalize acknowledgments of deeds, &c., taken before B. W. WHEREAS, It is represented to this General Assembly that a large number of deeds, mortgages, and other written instruments have heretofore been acknowledged by the parties thereto before B. W. Foley, mayor of the city of Covington, which deeds and other writings have been admitted to record in the proper office, in Kenton county and elsewhere; and whereas, doubts have existed, and do now exist, as to the power of said mayor to take said acknowledgments; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all acknowledgments of deeds, mortgages, and ment of deeds, other writings heretofore taken before B. W, Foley, mayor Mortgages, &c., of the city of Covington, be, and the same are hereby, legalof Covington ized, and such acknowledgments shall have the same effect, made, legalized in all respects whatever, as if they had been made before the clerk of the county court of Kenton county; and certified copies of such instruments shall be entitled to the same credit, as evidence in all courts and other places, as like copies of writings acknowledged before said clerk: Provided, That nothing in this act shall be so construed as to legalize any acknowledgments which would not have been valid if made before the clerk of said county court. § 2. That this act shall take effect from and after its pas 1860. sage. Approved February 15, 1860. CHAPTER 250. AN ACT to amend an act establishing the county of Metcalfe, and to fix the time of holding courts in the Fourth Judicial District. Be it enacted by the General Assembly of the Commonwealth of Kentucky: be run and §1. That the commissioners appointed to lay off, survey, Time in which run, and mark the boundary line of the county of Metcalfe, county lines to enter upon their duty on or before the tenth day of March, 1860, and complete the same on or before the first Monday in April thereafter. marked. Commissioners to name §2. That the commissioners heretofore appointed to locate the county seat of said county of Metcalfe be re- county seat. quired and directed to designate the name by which said county seat shall be known and called. when to be held Quarterly Circuit Courts. § 3. That the county courts in said county of Metcalfe County Courts, shall be held at the county seat thereof, on the fourth Mondays in each month in which there is no circuit courts held in said county. The quarterly court therein shall be held at the same place, on the Tuesday after the fourth Mon- Courts. days in the months of January, April, July, and October. The circuit courts in said county shall be held at the same place, commencing on the fourth Mondays in March and September, and continue at each term six juridical days, if the business requires it. An equity and criminal court shall also be held in said county, at the county seat thereof, commencing on the first Monday in May and second Monday in November, and continue at each term six juridical days, if the business require it: Provided, That the first county court shall be held as soon after the election and qualification of the presiding judge of the county court as may be. § 4. It shall be the duty of the presiding judge of said county, immediately after he shall have received his commission and been qualified thereunder, to hold a county court, administer the oath required by law to the county court clerk, and to take from him bond and approved surety for the faithful performance of his duty, as now required by law; and also to take bond and administer the proper oaths to the other officers elected for said county and the several districts therein, according to the laws now in force in relation to such officers. 5. That said county of Metcalfe form and become a part of the fourth judicial and third congressional districts of the State of Kentucky, until otherwise changed by law; Eq. and Crim. Court. First County Court. Metcalfe to be part of the District. 4th Judicial 1860. Barren to have eighteen jurid ical days at each term. and so much of the act to regulate the terms of the circuit courts and the equity and criminal courts in the fourth judicial district, approved February 12, 1858, as requires the circuit court to be held twenty-four juridical days in the county of Barren, at the several terms thereof, be, and the same is hereby, repealed; and hereafter the circuit courts in the county of Barren shall be held, at each term, eighteen juridical days. 6. This act to take effect from its passage. Approved February 15, 1860. CHAPTER 252. AN ACT to change the time of holding the Quarterly Courts in Jessamine county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter the quarterly courts of Jessamine county shall be held on the first Monday in February, May, second Monday in August, and first Monday in November, instead of the second Mondays, as heretofore they were held. § 2. This act to take effect from and after its passage. Approved February 15, 1860. CHAPTER 253. AN ACT to provide for paving around the Capitol Square. WHEREAS, The iron fence around the Capitol square is suffering injury on account of no pavement being in front of it on the east, north, and west sides of said square, and the curbing is already laid, Be it enacted by the General Assembly of the Commonwealth of Kentucky: That the Governor be, and he is hereby, directed to cause a pavement to be laid within said curbing, on the east, north, and west sides of the Capitol square: Provided, That not more than eight hundred dollars shall be expended therefor. The Auditor shall draw his warrant upon the Treasurer for the amount so expended by him, to be paid out of any moneys not otherwise appropriated. Approved February 15, 1860. |