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1828.

IN FORCE FROM ITS PASSAGE.

Manner in

which complete

records for the

court of appeals shall be made

AN ACT prescribing the duty of the clerks of the inferior courts, in making out
complete records: Approved February 13, 1828.-Session Acts, p. 234.
SEC. 1. Be it enacted by the General Assembly of the Common-
wealth of Kentucky, That all transcripts of records made out by the
clerks of inferior courts to be used in the Court of Appeals, on
motions or trials to be had therein, shall be made out in a legible
hand, placing each document and order distinctly and separate from out.
each other, with correct marginal notes, as now directed by law,
and an index or table of contents annexed thereto, showing the page
where each document or important order, judgment or decree, shall
be found, and containing no more and no less therein than shall be-
long to the record, by the rules of law or equity: and each tran-
script so made out shall be stitched or confined together at the top
of the pages, and the page on each side shall be the reverse to the
page of the opposite side, so as to make a running page.

Clerk of the

to transmit instructions.

SEC. 2. The clerk of the Court of Appeals shall transmit, by mail, from time to time, if necessary, printed or written instructions court of appeals to the clerks of inferior courts, how to make out complete records;* which instructions shall be previously submitted to the judges of said court, and be approved by at least a majority of them, and shall be obligatory upon and be obeyed by the clerks of the inferior

courts.

SEC. 3. All copies of records made out by the clerks of inferior courts, which may not conform to this act, or the instructions of the clerk of the court of Appeals, or is made out in an illegible hand, or in a confused manner, and not in the proper order, or which shall "contain matter therein which does not compose a part of the record by law, or shall not conform to the law in every respect, shall be subject to condemnation by the Court of Appeals, and the judges shall ex-officio take notice of such improprieties, and shall direct their clerk to enter on their records that such copy is condemned, and that entry shall always accompany the mandate which is transmitted to the inferior court. And the fees which may be charged by the clerk who has made out such record, shall be irrecoverable: or if recovered, may be recovered back as money had and received to the use of the party who has paid the same, before any court or justice of the peace having jurisdiction of like sums, and in the declaration for the same, the general count for money had and received, in the usual form, shall be sufficient, without setting forth the special matter.

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Penalty on clerks for fail

ure to make out

lists.

1829.

IN FORCE FROM ITS PASSAGE.

AN ACT requiring certain duties of the Clerks of this Commonwealth: Approved
January 16, 1829.--Session Acts, p. 65.

[SECTIONS 1, 2, 3, 4, relate to the duty of Clerks in transmitting a list of Claims on the Treasury to the Auditor, and will be found under the title, CLAIMS ON THE TREASURY, p. 378, ante.]

SEC. 5. If any clerk shall fail to perform any of the duties assigned him by this act, he shall be liable for each failure to a fine not less than ten nor more than twenty-five dollars, recoverable on motion in the circuit court of the county in which such clerk resides, by any person who may choose to give him notice at least three How sued for. days previously, of his intention to make such motion, one half of which fine shall be to the use of the person moving for the same, and the other half towards lessening the county levy: Provided, however, that the notice herein provided for, shall be commenced and served within one year next after the happening of the delinquency complained of: And provided further, that if any clerk shall fail herein twice or oftener, in any one year, the court before whom that fact is established, shall not fine him less than twenty dollars, and may fine him fifty, for this second or third offence; and a third delinquency in the same year, shall be considered good cause for the removal of such clerk from office.

Proviso.

Penalty on clerk for return

ing false lists of

taxes.

SEC. 9. Be it further enacted, That any clerk who shall return a false and fraudulent list of taxes or other moneys so collected, upon conviction thereof, shall be removed from office; and it shall be the duty of the Attorney General to prosecute all offenders against this act.

1830.

The clerks of circuit courts to

IN FORCE FROM ITS PASSAGE.

AN ACT to amend "an act requiring certain duties of the Clerks within this Commonwealth:" Approved January 12, 1830.—Session Acts, p. 53.

[SECTION 1, relates to the duty of county court Clerks in trans mitting a list of Claims on the Treasury to the Auditor, and will be found under the title, CLAIMS ON THE TREASURY, p. 380, ante.] SEC. 2. Be it further enacted, That so much of the sixth section of said act, to which this is an amendment, as requires the several clerks within this Commonwealth, to make out an alphabetical list of suits brought at each term of the circuit courts, be, and the same of suits insti- is hereby repealed; and hereafter it shall only be necessary for the tuted, &c. several clerks of the circuit courts to make out a list of the suits

make out and transmit the age

gregate number

And pay the amount of taxes

received into

brought at each term, and lay the same before the circuit judge for his examination and approval; which shall be recorded and transmitted as heretofore required, except that it shall only be necessary the treasury. for the clerk to certify and transmit the aggregate number of suits brought at each term, to the Auditor of public accounts, together with the amount of money collected on law process and seals, and all money collected for revenue purposes, which shall be transmitted on or before the twentieth day of December in each year. SEC. 3. Be it further enacted, That any clerk who shall fail to perform the duties required of him by this act, shall be subject to the same penalties, which are prescribed by the act to which this ties. is an amendment.

1830.

IN FORCE FROM FIRST OF JUNE.

AN ACT to regulate the fees of the Clerk of the Court of Appeals, and other
Clerks: Approved January 27, 1830.-Session Acts, p. 117.

Penalty on

clerks for failure in these du

Clerk of the

to receive the same fees as

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the clerk of the court of appeals shall court of appeals not charge or receive a higher or greater rate of fees, than are allowed by law to the clerks of the circuit courts for similar services. other clerks. SEC. 2. Be it further enacted, That the clerk of the court of peals shall not make out a copy of any record, or charge for the same, unless specially directed by the party, or his attorney marked to the suit on the docket, by a memorandum in writing.

ap

SEC. 3. Be it further enacted, That for filing any papers not incident to proceeding in the circuit courts, the clerk shall be allowed to charge twenty-five cents, but this charge shall not be made more And for than once for filing any similar papers in the same suit. copying or recording any opinion, paper or writing, not incident to proceedings in the circuit courts, one and an half cents for every twenty words and no more.

Not to copy any

record without a memorandum in writing.

Fee for filing

papers.

For copying.

Subject to the same penalty for illegal char

of circuit courts.

SEC 4. Be it further enacted, That for any over charge in any fee-bill issued by the clerk of the court of appeals, contrary to the provisions of this act, and for every charge when the services have ges as the clerks not been rendered, the clerk of said court shall be liable to the same fines and penalties, that the clerks of the circuit courts are now liable, for a violation of the law regulating their fees, and recoverable in like manner.

allows

law as any SEC. 5. Be it further enacted, That so much of the clerk of the court of appeals greater fees than are allowed to the clerks of the circuit courts for similar services, and all laws authorizing the judges of the court of appeals to fix the rate of fees, or to allow fees to them, shall be and the same are hereby repealed.

Repealing clause.

Judges of the court of appeals not to fix fees.

404

Preamble.

Penalty for charging improper fees.

And whereas it is represented, that clerks in some instances charge for an order of continuance, and again charge for the same continuance, and charge for filing the declaration, plea, or other part of the pleadings, and again charge for the order, noting such pleadings on the order book; and in other instances split up and divide services, for which the law expressly declares that but one charge shall be made, and thereby fraudulently make two or more charges, and furthermore, that some clerks charge twice for the same services, to the great annoyance and oppression of litigants: Therefore,

SEC. 6. Be it further enacted, That all such acts in any clerk, whether of the court of appeals, general court, circuit court, or county court, shall be considered as high misdemeanors, and in addition to the remedies now given by law, any clerk who shall be guilty thereof, shall be liable to indictment therefor, and the record of his conviction in the circuit court, shall be prima facie evidence of his guilt in any proceeding in the court of appeals to remove him from office.

SEC. 7. Be it further enacted, That when the court shall for any No charge for cause fail to go through the docket, the clerk shall make a general order, continuing all causes not called for trial, for which he shall make no charge.

a continuance

unless the cause be called.

SEC. 8. Be it further enacted, That all laws authorizing any Clerks not to clerk to charge for a search, shall be, and the same are hereby recharge any fee for a search.

Penalty for not keeping of

fice open.

pealed.

SEC. 9. Be it further enacted, That the clerks of the several courts in this Commonwealth shall be liable to a fine, upon the presentment of a grand jury, of not less than five dollars nor more than ten dollars, for failure to keep their respective offices at all times free and accessible to every person having a right or claim to business therein.

1831.

out, at each

IN FORCE FROM ITS PASSAGE.

AN ACT to regulate the mode of accounting for taxes received by Clerks, &c. on law process, deeds, seals, &c. collected for revenue purposes: Approved December 13, 1831.-Session Acts, p. 111.

SEC. 1. Be it enacted by the General Assembly of the CommonThe several wealth of Kentucky, That the several circuit court clerks in this elerks to make Commonwealth, shall, hereafter, state at the foot of the issue docket term, a list of of each term, first, the number of chancery appearances, and next, suits brought, the number of common law appearances to that term, on which and of taxes by him received, or taxes are, by law, payable; and shall then state the amount of all other taxes by him received since the commencement of the preceding term of his court, including therein, taxes received for affix

for which he is

liable and make

oath to the same

ing his seal of office, and upon appeals from the judgments of his court to the court of appeals; and exhibiting each separately: and shall certify, on oath, before the court, at the foot of such statement, that the same exhibits fully and truly the amount of all taxes payable by law to him, as clerk of his said court, from the commencement of the preceding term.

SEC. 2. Be it further enacted, That it shall be the duty of the several judges of the circuit courts, at each term of their respective courts, to require of their clerk the production of their dockets, with the statement and certificate aforesaid, appended thereto, and to examine the same minutely; and if satisfied that the said statement and certificate, exhibits truly the amount of taxes which the clerk is bound to account for, shall cause the same to be recorded upon the order book of the court, and certified to the auditor of public accounts: and if any clerk of a circuit court, shall fail or refuse to exhibit such statement and certificate, at any term of his court, it shall be the duty of the court to render judgment against him, for a fine not exceeding thirty dollars: and if, upon examination, the judge of any circuit court shall find that the statement and certifi cate aforesaid of the clerk, is incorrect, he shall cause the same to be corrected before it shall be entered upon the order book of the court: and it shall be the duty of the clerk of each and every circuit court, to transmit to the auditor of public accounts, immediately after each term of the court of which he is clerk, a copy of the statement, certificate, and order, of the court aforesaid.

SEC. 3. Be it further enacted, That it shall be the duty of the several county court clerks in this Commonwealth, to keep a list of all moneys collected and collectable by them, upon seals, and recording deeds, upon which a tax is now imposed by law, and all other money collected for revenue purposes; which list, so made out and kept by him, he shall present to the county court at that term in each year in which the county levy is laid: whereupon, it shall be the duty of the presiding justice of said court, together with the attorney for the county court, to examine said list, and to compare it with the number of deeds recorded in said office, for that year; and if they find the same correctly kept and made out, the court shall cause the aggregate amount of such statement to be entered upon its order book, and certified to the auditor of public accounts, together with the list aforesaid, kept by the clerk; which it shall be his duty to certify, contains a full and fair exhibition of all taxes and money received by him, for revenue purposes, from the time he shall have previously accounted for taxes and money of the like description. And the clerk of the court of appeals, and general court, and the secretary of state, shall keep an account of all moneys now directed, by law, to be collected for revenue purposes; and in the months of October or November, in each year, shall present to the

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