executed under authority, or in pursuance of any judgment
rendered in any such action, shall be held and construed and
have the same effect as if executed by every person having a
vested or contingent interest in or ownership of such land,
and as if executed by all persons and classes who could take
under the limitations or provisions of said deed, or as devi-
sees under the exercise of such power to devise or appoint,
and as if every claimant, present or future, under such deed
or power, was under no disability whatever. The proceeds
of the sales authorized by this section shall be paid into
court, and shall be reinvested by the court after first having,
by appropriate order, provided for the payment of the costs
and taxes, if any, in other property to be conveyed and held
subject to the same limitations and trusts as the land sold
was held. The proceeds of all mortgages of such lands as
are mentioned in this section shall be paid into court, and
shall be appropriated under the order of the court in the
construction of permanent improvements on the land mort-
gaged. But before appropriating such money in the con-
struction of such improvements, the court shall provide for
the payment of all unpaid taxes on said land, and the costs
of the action. The court shall require the life-tenant, out of
the rents, to pay the taxes and insurance on such improve-
ments, and the residue of the rents to be paid into court for
disposition by the court until such mortgage debts is fully
paid off; and such court may provide for semi-annual reports
to be made by such life-tenant; and in the event of the dis-
obedience of any order of such court by such life-tenant, it
shall be the duty of the court to appoint a receiver, who shall
take possession of such land and hold the same as the court
may direct, and collect and receive all the rents and profits
of such land, and pay the same into court for such disposition
thereof as the court may make.

§ 2. Provided, That the provisions of this act shall only
apply to land and property held in the city of Louisville by
Claudius Duvall and wife, as described in the section first of
this act.

§3. This act shall be in force from its passage.

Only applies to land in city of Louisville, &c.

Approved April 15, 1882.

porter.

CHAPTER 1033.

AN ACT authorizing the appointment of one or more short-hand reporters as deputy commissioners of the Louisville chancery court and vice chancellor's court to take, and regulating the taking of, depositions to be used in said courts.

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

§ 1. It shall be lawful for, and upon the written request of Short hand re- the majority of the practicing attorneys of the Louisvillechancery court the duty of, the commissioner of said court to appoint as deputy commissioner or commissioners one or more competent short-hand reporters, who shall take in shorthand, and within a reasonable time thereafter transcribe, the depositions of witnesses testifying before them; and should said commissioner fail, in one month after such request, to so appoint a deputy, the chancellor shall, upon like request made to him, appoint such deputy.

Deputy.

§ 2. Such deputy shall, within a reasonable time after the taking of depositions, make a true and accurate transcript thereof, which shall be read to and subscribed by the witness in the presence of said deputy, unless such signing or reading, or both, be dispensed with by the agreement of parties or their attorneys; and said deputy, in his certificate, shall state that the deposition is a true and accurate transcript of his stenographic notes.

§ 3. That all depositions taken in the county of Jefferson, Applies only to to be used in the Louisville chancery court and vice chancelcity of Louisville. lor's court, in cases which have been referred to the commissioner, shall be taken before the said commissioner or his deputy, unless otherwise ordered by the court: Provided, The provisions of this act shall not apply to the county of Jefferson outside of the limits of the city of Louisville.

§ 4. All laws or parts of laws in conflict are hereby repealed.

5. This act shall take effect from and after its passage, but the provisions thereof shall not apply to cases in which either of the litigants or their attorneys are non-residents of the city of Louisville.

Approved April 15, 1882.

CHAPTER 1053.

AN ACT to amend section 2 of chapter 55 of the General Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That section 2 of chapter 55 of the General Statutes be amended as follows: "If any cattle shall enter into any grounds owned or occupied by another, inclosed by an ordinary fence, the owner or manager of the cattle shall, for the first breach, be liable to the owner or occupant of such ground for such damages as he may have sustained thereby; and for any subsequent breach or beaches of cattle, a like liability; and if the,occupant of said inclosed lands shall have given the owner or manager of said cattle five days' notice prior to any subsequent breach, any and all judgments recovered by the owner or occupant of said lands against the owner or manager of the cattle for breaches committed subsequent to the said notice, the cattle committing the breach shall be liable for the amount of said judgment or judgments, and may be taken and sold by the sheriff of the county, or by any other officer having jurisdiction, as other property under execution, for enough to pay and satisfy any and all judgments recovered against the owner or manager of said cattle for breaches subsequent to giving said notice."

§ 2. This act repeals all acts in conflict herewith.

General Statutes, 5, amended.

chap. 55, section

Anderson co.

§3. This act shall be in force from its passage, and shall Applies only to only apply to the county of Anderson.

Approved April 15, 1882.

CHAPTER 1063.

AN ACT to provide for the distribution of the deposit of the Piedmont and Arlington Life Insurance Company, of Richmond, Virginia, among the claimants and policy-holders.

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

tion authorized.

§ 1. That the Attorney General of this Commonwealth be, Suit for distribuand is hereby, authorized and directed to institute suit in the name of the State, for and on behalf of the policy-holders and claimants, who are citizens of this State, of the Piedmont and Arlington Life Insurance Company, of Richmond, Virginia, against said company and its receiver, to secure the

Jurisdiction.

General.

distribution among them of said company's deposit in thisState, now held by J. W. Tate, Treasurer of this Commonwealth, for their benefit, under the retaliatory clause of the general insurance laws of this Commonwealth.

§ 2. This suit shall be instituted in the court of common pleas of Franklin county, the term of which shall begin within not less than ten days after the passage of this act, and such policy-holders and claimants as may desire shall be joined as plaintiffs in said action, and the remaining policyholders and claimants, known and unknown, at the time of filing this suit, together with the said company and its receiver, may be joined as defendants in said action.

§ 3. The State shall only be made a party to this action to the extent necessary to enable the Treasurer, J. W. Tate, to pay into court, for distribution, the fund now held by him belonging to the said company, and shall not be liable for any Duty of Attorney Costs arising from said action. It is made the duty of the Attorney General under this act to represent the policy-holders and claimants, and he shall be the legal adviser of the commissioner hereinafter appointed, and shall be entitled to reasonable compensation, to be allowed him out of this fund, and approved by the court.

Commissioner.

§ 4 It shall be the duty of the Insurance Commissioner of Of Insurance the State of Kentucky to receive and disburse said fund under the order of the court among those entitled under its judgment to share in the said distribution, and to make, or cause to be done in his department, such actuarial work and labor incidental to the equitable distribution of said fund as may become necessary: Provided, however, That neither the Commissioner or his deputy, or other employe of his department, shall receive any compensation whatever for such work and labor done, but the court may allow to said department such actual expense as may be incurred in procuring such information as may be essential to a final and speedy settlement and distribution of the fund.

Bond.

5. No other bond than that heretofore given by the Insur ance Commissioner shall be required of him for the faithful discharge of his duties under this act; but the fund herein to be distributed shall be under the order of the court, deposited in such bank in the city of Frankfort as shall be designated by the Commissioner, and shall only be paid out on the check

of said Commissioner, signed by himself and the clerk of the Franklin circuit court.

§ 6. It shall be the duty of the Commissioner to report to To report. the court, at the term succeeding that in which the said suit shall be filed, all such information as to the nature, amount, and character of the claims of the various policy-holders and claimants of said company in this State as will assist in rendering a speedy and equitable judgment in the case.

given.]

$7. Notice shall be given by the clerk of the court, and fur. Notice-how nished to each of the policy-holders and claimants by the Commissioner, whose address is known to him, and may be published in some newspaper of general circulation in this Commonwealth of the pendency of the action, stating the court and the term, and giving reasonable time and notice to each and every policy-holder and claimant to file and prove his claim.

§ 8. This act to take effect from its passage.

Approved April 15, 1882.

CHAPTER 1078.

AN ACT to increase the jurisdiction of the quarterly court of Butler

county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

of Butler county.

§ 1. That the quarterly court of Butler county shall have Quarterly court original jurisdiction, concurrent with the circuit court of said county, of all civil actions and proceedings for the recovery of money or personal property, where the matter in controversy, exclusive of interest and cost, does not exceed four hundred dollars: Provided, however, That this act shall not apply to actions involving real estate, nor over any matter for injury to person or character.

§2. This act shall take effect and be in force from and after its passage.

Approved April 15, 1882.