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clared vacant.

or April terms of the county courts is given them for the 1862. execution of such bonds.

§ 2. If any such sheriff shall fail against the time herein Office to be defixed to execute such bond, the county court shall declare his office vacant, and proceed to appoint his successor. Ø 3. This act shall take effect from and after its passage.

Approved February 25, 1862.

CHAPTER 393.

AN ACT to amend an act, entitled “An act to cause writings to be made in the

English language." Be it enacted by the General Assembly of the Commonwealth of Kentucky :

91. That the act, approved March 10, 1856, entitled How deeds and "An act to cause writings to be made in the English lan- torney in for

eign languages guage,” be, and is hereby, so amended as that deeds and

may be admit powers of attorney, written in any other language than ted to record. the English, shall be admitted to record as deeds and powers of attorney are now admitted to record: Provided, That the person offering the same for record shall produce a correct English translation thereof; and the translation shall be filed with the deed or power of attorney, and, together with the said deed or power of attorney, be recorded in the deed book or power of attorney book.

§ 2. This act shall apply to deeds and powers of attorney heretofore executed, and shall take effect from its passage.

Approved February 25, 1862.

CHAPTER 407.

AN ACT to change the times of holding the Anderson county court. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

$1. That hereafter the regular terms of the Anderson county court shall be held on the 4th Monday of each month: Provided, however, That when the regular terms of said court, as herein regulated, shall conflict with the holding of the terms of the circuit court for said county, the county court shall be held on the Monday next preceding the holding of said circuit court. $ 2. This act shall take effect from its passage.

Approved February 26, 1862.

1862.

CHAPTER 409.
AN ACT exempting school children from payment of tolls.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That hereafter no tolls shall be exacted from chilSchool chil. dren passing through any turnpike gates in this State, charged with when necessarily compelled to pass through them in going ing to and from daily to and from schools, no matter whether they are travschool, on turn- eling in vehicles or on horseback. § 2. This act to be of force from its passage.

Approved February 26, 1862.

CHAPTER 414.

AN ACT to amend the Revised Statutes in regard to filling vacancies in the

office of sheriff. Be it enacted by the General Assembly of the Commonwcalth of Kentucky :

§ 1. That a vacancy in the office of sheriff shall be How vacancy temporarily filled by the county court until the next suciff to be tempo- ceeding August election, and until the successor then chosen rarily filled. shall qualify. A writ of election, to fill the vacancy, shall

be issued by the court; or, if the judge is not at the time in the county, by the clerk, under the order of two justices of the peace. The person so chosen shall enter upon

the duties of his office as soon as he qualifies according to law.

§ 2. That when any of the county courts of the ComCertain ap- monwealth have made appointments to fill vacancies in pointments legalizod. the office of sheriff, when one year or more of the term

was unexpired, such appointments shall be valid, and entitle the person so appointed to hold and exercise the office until the next August election; and all the past official acts of persons so appointed shall be as good and valid as if they had been regularly elected to the office by the qualified voters of their respective counties.

§ 3. That section twelve of article three, of chapter Pormer law re- ninety-one, of the Revised Statutes, be, and the same is pealed.

hereby, repealed.
4. This act shall take effect from its passage.

Approved February 26, 1862.

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term time.

monthly county courts.

CHAPTER 416.

1862. AN ACT regulating the time of holding quarterly and other courts inferior in

jurisdiction to the circuit courts. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That hereafter the courts held by county judges, called quarterly courts, and of justices of the peace, and and quarterly all other courts having jurisdiction inferior to the circuit other inferior courts, for the trial of civil suits, shall only be held in the held in June months of June

and December in each year for the trial and December of civil suits. This provision shall not effect the power of suits. said courts to make any orders out of their term time in Orders out of any such case as by law they are now authorized to make; nor does it apply to the monthly county courts, nor to the Not to apply to power of said courts to try any criminal or penal case as now prescribed by law: Provided, That when the circuit Proviso. courts are held in any counties in June and December, in such counties the quarterly and justices courts shall be held in the months of January and July.

§ 2. The county courts in March or April, 1862, shall County, coarte designate, by an order of said court, the days in June and days of each December upon which the county judge and justices of the term. peace shall hold their respective courts, copies of which copies of order shall be furnished the sheriff by the clerk of said court, the sherift. and he shall post one of them at the court-house door and each place of voting in the respective counties. The other courts shall make similar orders, and post them up in the posted. several towns, cities, and districts, at some prominent point. The courts, when held under this act, may continue the Number of same number of days that by law they are now authorized to do. $ 3. This act shall take effect from and after its passage.

Approved February 28, 1862.

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days for the term.

CHAPTER 418.
AN ACT to amend section 684 of the Civil Code of Practice.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

That persons who voluntarily have gone, or shall hereaf- Persons thirts ter go within the lines of the so-called Confederate States, days in the and shall voluntarily remain therein thirty days, shall be Confederate required, in all suits brought by them, to give security for ed to give socosts in the same manner as non-residents are required by gyrity forcost Section 684 of the Civil Code of Practice; but said secu- dent. rity shall be a person who is within the Federal lines.

Approved February 28, 1862.

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1862.

CHAPTER 421.

AN ACT to amend the revenue laws of this Commonwealth. WHEREAS, It is represented to the General Assembly that many persons in this Commonwealth have for several years failed to list their property, either with the assessor for their counties, or with the county court thereof; and that, in many instances, the sheriff's in several of the counties in this Commonwealth, after reporting persons as delinquents, have collected from said delinquents their taxes, and given no account thereof,

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

$1. That the Auditor of Public Accounts be, and he is Agents to be hereby, authorized to appoint one or more agents in this Auditor. Commonwealth, for the ensuing two years, who shall dis

charge the duties imposed by this act.

§ 2. That where any person owning property in this Information to Commonwealth has failed, since January 10, 1856, to list his lain delin- property with the assessor whose duty it was to assess the quonts.

value thereof, or with the supervisors of tax, or the clerk of the county court, or the sheriff, as now provided by law, it shall be the duty of the agent of the Auditor to give information of such persons and their failure to list their property to the county court of the county in which said property should have been listed, and said court shall issue à summons against such person or persons, requiring them

to appear before such court in thirty days after the service Proceedings to of said summons, and list their property for taxation for comperl lists of the years they have heretofore failed to do so; and the taxation.

said court shall, upon being satisfied that such person or persons have failed to list their property, and have not paid the taxes thereon to the sheriff, assess and fix the value of the same for the years such property was not assessed, and the same shall be certified by the said court in the same manner as is now required by law to the proper officers for the collection thereof.

§ 3. That in all cases in which any of the sheriffs of this Information Commonwealth have collected revenue from any citizen to against certain thereof since the 10th of January, 1856, where such

citizen had not previously listed his property for taxation, or where he shall have collected taxes from persons reported by him to the county court as delinquents, and obtained credit with the Auditor therefor, and the sheriff has not accounted for the same, it shall be the duty of the agent of the Auditor to give information of the fact to the county court of the county in which said sheriff held his

office, and said court shall issue a summons against such Proceedings sheriff and his sureties, requiring them to appear before against.

said court in ten days, and show cause why judgment shall

not be rendered against them for the sum or sums of money 1862. claimed to be due by the agent of the Auditor to the Commonwealth; and upon a hearing of the cause, if the court be satisfied that such sums or any part thereof have been collected and not accounted for by the sheriff, it shall render judgment there for against the sheriff and his sure- Judgment. ties, with fifty per centum damage and the cost of the proceeding, and execution shall issue thereon directed to Execution. the jailer of said county, if the sheriff is still in office; and if out of office, to the sheriff of said county, returnable in sixty days from the issual thereof. The amount of said judgment shall be certified by said court to the Auditor, and the name of the person into whose hands said execution is directed, and the officer collecting said execution shall pay the proceeds thereof, after deducting the cost of the proceeding in the county court, into the treasury.

94. That to enable the agent of the Auditor to obtain Agents may isinformation as to the listing of property, and the collection spect poll

books, &c of taxes in this Commonwealth since January 10, 1856, he shall have the right to inspect the poll-books of the various counties in this Commonwealth, the assessor's book, and all the records in relation to the collection of taxes therein, and also the census returns in the office of the Secretary of State.

65. That the said agent of the Auditor shall be entitled Pay to agenta. to receive one third of all the amounts certified by the said. county court to the Auditor, and paid into the treasury as herein provided; and at the end of each quarter the Auditor shall draw his warrant in favor of said agent upon the Treasurer for the sum there found due to him.

$ 6. The Commonwealth of Kentucky, in any proceed- Commonwlth ing against delinquent sheriffs, collectors, or tax-payers, for costs. shall not be liable for costs upon failure to obtain judg. ment against such delinquents.

$ 7. That the agent or agents shall also investigate the Clerks of o'nty accounts of clerks of the county and circuit courts, and and cir't courts quarterly judges of this Commonwealth, and justices of accounts investhe peace of the county of Jefferson and city of Louisville, tigated.

Quarterly and ascertain and report to the Auditor what sums of judges, justicos money, if any, may have been received by such officers of the peace. belonging to the State, which they may have failed to account for and pay over as required by law. That such proceedings as may be necessary be instituted by said Proceedings to agent, in the name of the Commonwealth, against such

bo instituted. delinqent officers and security, to recover the amount due the State, in any court having jurisdiction thereof.

§ 8. That said agent of the Auditor, before entering upon Agent to take the discharge of his duties, shall take an oath to support the Constitution of the State and the United States, and

oath,

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