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1860.

Officers to be term of office.

to be given.

sign the certificates of the persons elected to each office designating the persons who received the highest number of votes, and the office to which he is elected; one of which they shall transmit to the Secretary of State, one to the officer elected, and they shall lodge one in the hands of William Adams, who shall deliver it to the county court clerk of the county of Magoffin, when one shall be elected, which shall be by said clerk duly recorded in his office. It shall be the duty of the Governor comm'snd, and of this Commonwealth to commission such of said officers, so elected, as are required by existing laws to be commissioned. The officers first elected under the provisions of this act shall hold their respective offices until the next Official bonds regular election for like officers, and until their successors are elected and qualified. They shall qualify and execute such bond as is required by existing laws from like officers. § 5. The presiding judge of the county court and justices of the peace of said county, a majority of said jus tices concurring, shall be, and they are hereby, authorized and empowered to select suitable lots of ground, within the seat of justice of said county, upon which to erect necessary public buildings, and purchase, and make provision for the payment of the same by levying a poll tax on each tithable person in said county, from year to year, until the same is paid; or they may receive said lots by donation; and when so purchased or donated, the vendor or donor shall make conveyance by deed to the county court of said county for said lots of ground, and the title thereof shall vest in the county court for the use of said county.

County Court

authorized

to

purchase public ground, and to levy a tax to pay for same &

for pub. buildings,

§ 6. The county court of said county shall be held on the Time of hold- third Mondays in June, September, December, and March, ing County C's and continue three juridical days, if the business of said court shall so require.

§ 7. It shall be the duty of the county court of said To provide county to provide suitable rooms in which to hold the circuit and county courts until a court-house shall be erected for said county.

rooms to hold Courts.

to be run and marked.

§ 8. That William Craft be, and is hereby, appointed Boundary lines a commissioner, with such assistance as he may deem necessary to employ, to run and plainly mark the boundary line of Magoffin county, as laid down in the first section of Plan of coun- this act, and survey and lay down the plan of the county seat of said county. He shall make out two written certificates, one of which he shall transmit to the Secretary of State, and the other he shall deliver to the county court clerk of said county, who shall record the same in his office.

ty seat to be laid down.

Pay to com❜rs.

§ 9. It shall be the duty of the county court of said county to allow each of the commissioners appointed in

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this act, a reasonable compensation for their services, and make provision for the payment of the same out of the county levy.

1860.

Assessors of tax of Morgan,

and

§ 10. The assessors of tax of the counties of Morgan, Johnson, and Floyd, for the year 1860, shall proceed as Johnson, though this act had not passed, except they shall make out ceed, as if this separate books of that portion of their respective counties act had not that has been stricken off and included within the county of Magoffin, and return the same to the county court of Magoffin county.

§ 11. The county of Magoffin shall have the use of the jail of Morgan county until a jail be built for said county of Magoffin; and the jailer of Morgan shall receive all persons committed from the county of Magoffin, under the same rules and regulations as if committed from Morgan county.

passed, except

to keep sepa

rate lists of parts stricken off.

Magoffin to have the use

he Morgan county jail.

Public books to be furnished

§12. The Secretary of State is hereby directed to furnish the county of Magoffin with all necessary books that to officers. are required by law to be furnished the county officers and clerks' offices in this Commonwealth.

§13. The counties of Morgan, Johnson, and Floyd shall have jurisdiction in all things until this act takes effect, as though the same had not passed.

§14. This act to take effect from and after its passage. Approved February 22, 1860.

Jurisdiction of and Johnson

Floyd, Morgan,

till this act takes effect.

CHAPTER 448.

AN ACT to change the time of holding the Quarterly Courts of Nelson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§1. That the Nelson county quarterly courts shall be held on the first Monday in the months of March, June, September, and December, in each year, instead of the third Monday, as now prescribed by law.

2. This act to take effect on the first day of May next. Approved February 22, 1860.

CHAPTER 450.

AN ACT to amend Chapter 3, Article 1, Section 825, of the Civil Code of

Practice.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

§ 1. That in the cases where it is made lawful by chapter Stanton's Civil 3, article 1, section 825, of the Civil Code of Practice, for Code Practice, the clerk of the county court to issue summons in an action

p. 285.

1860.

Judge of Quar

deputy clerk to

in the quarterly court, and also subpoenas for witnesses, it shall and may be lawful for the judge of the county court terly Courts to appoint a deputy to issue the same, and to perform all may appoint a other duties enjoined upon said judge as clerk of the quarissue process, terly court, in the same manner, and under the same circumstances, and for the same fees, as the judge. Said deputy shall possess the same qualifications, and take the same oaths, before he enters upon the duties of his office, as is required by law of a deputy clerk of a court.

&c.

§2. The county of Harrison shall be exempted from the Harrison co. provisions of this act.

excepted.

§ 3. This act shall take effect from and after its passage. Approved February 22, 1860.

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1855-6, p. 15.

CHAPTER 454.

AN ACT to amend an act, entitled "An act to establish the People's Bank." Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the charter of "The People's Bank of Ken1st Sess. Acts, tucky" be, and the same is hereby, amended as follows, towit: That the promissory notes payable to any person, Promissory persons, or corporation, and negotiable and payable at the notes discount- People's Bank of Kentucky, or any bank, or branch of a the footing of bank, incorporated by the laws of Kentucky, and indorsed bills of ex- to and discounted by said People's Bank, are placed on the

ed; placed on

change.

strictions, ex-
cept 88
"kites," repeal-

more than dou

ble am't notes per cent. in

and other six

footing of bills of exchange, so that the like remedy may be had, jointly or severally, against any or all the parties thereto, and with like effect except as to damages; but this provision shall not be construed to allow exchange to be charged on such notes.

§ 2. That section 17 of said charter be, and is hereby, repealed.

§ 3. That any and all parts and provisions of said charFormer re- ter controlling, restricting, or regulating said bank on the to subject of bills of exchange, and the discounting and dealed, and instead ing in same by said bank, are hereby repealed, except the thereof, bank not to invest in provision prohibiting dealing in "kites;" and instead therebills of exc'nge of, it is enacted that said bank shall not invest in bills of exchange more than double the amount of notes discounted and suspended debt, and other investments of said bank, having six per centum interest, excluding from the computation of bills of exchange the remittances which the bank may make for collection where the funds may accumulate: Provided, That nothing herein contained shall authorize said bank to charge a greater rate of discount or interest on bills of exchange than allowed by the act to which this is an amendment.

vestments.

1860.

Authorized to establish a

§4. That the president and directors of said bank may establish a branch in such city or town as they, in their discretion, think proper. §5. That all acts and parts of acts inconsistent here- branch. with are repealed; and this act shall take effect and be in force when its provisions shall be accepted by a majority of the stock represented at any meeting of the stockholders held under the original charter, or called by the president and directors of said bank for the purpose of voting on this amendment; and they are hereby empowered to call such meeting.

Approved February 22, 1860.

CHAPTER 491.

AN ACT applying the general mechanics' lien law to Lewis and other counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the act, entitled "An act providing a general mechanics' lien law for certain cities and counties," approved February 17th, 1858, be so amended as to apply the provision of said act to Lewis, Warren, Simpson, Henry, Larue, McCracken, Livingston, Lyon, Caldwell, Ballard, and Garrard counties.

Approved February 22, 1860.

CHAPTER 511.

AN ACT to amend section 3, article 3, chapter 91, of the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

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2 Stanton's Rev. Stat., p.

§ 1. That section 3d, of article 3d, of chapter 91st, title "Sheriffs, Jailers, and Coroners," of the Revised Statutes, 30-50. be, and the same is hereby, amended so as to authorize the coroner to hold an inquest of six good and lawful housekeepers of the county, in cases mentioned in that section, jury. instead of twelve, as therein provided.

Six to constitute a coroner's

Justice of the

§2. The provisions of the first section of this act shall apply to justices of the peace who may hold inquests, and peace. they shall have the same fees allowed to coroners for similar services.

3. This act shall take effect from and after its passage. Approved February 23, 1860.

7

1860.

CHAPTER 524.

AN ACT to amend the law establishing the county of Metcalfe. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the commissioners appointed by the law establishing the county of Metcalfe shall, in laying off the bounda ry of said county, run the line from Lazarus' store with or near to the old Glasgow and Lexington road, to the Hart county line, so as to leave in Barren county the residences of Doctor B. A. Wheat, Drury Roberts, James M. Ennis, and John Ennis.

Approved February 23, 1860

to have 30 per

fines.

CHAPTER 532.

AN ACT concerning the fees of County Attorneys.

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

That in all prosecutions for misdemeanors before any County Att'ys county judge, police judge, justice of the peace, or other cent. of certain magistrate, the county attorney shall receive thirty per cent. of all fines and forfeitures imposed or recovered in such prosecutions Provided, Said county attorney is present and prosecutes the offenders, but in no other event: And provided further, He shall not receive his portion until the whole of such fine shall have been collected; or if the whole judgment should not be collected, he shall only receive his pro rata on the amount collected.

Proviso.

Approved February 25, 1860.

Trustee jury

CHAPTER 535.

AN ACT to amend article 10 of the Revised Statutes, on the subject of crimes and punishments.

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

§ 1. That the trustee of the jury fund, in each of the counties of this Commonwealth, shall procure a copy of fund shall pro any act of the Legislature of any of the States or Territolaws of other ries of this United States of America, necessary to be used States, to be used in crimi- in any criminal or penal prosecution in this State.

cure a copy of

prosec❜ns; same

nal or penal § 2. That any copy so obtained by him, whether written declared evi- or printed, if certified by the Governor, Secretary of State,

dence. •

notary public, judge of a court, or clerk of a court of the State from which it is sent, that the same is a law of such State, the same shall be evidence in all criminal and penal prosecutions in all the courts of this State.

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