1861. taker-up. any time within ten days after service of said notice upon him, upon reasonable notice to the taker-up of the slave or his agent, proceed to offer proof before said justice of the peace, or before the presiding judge of the county court of the county in which the slave is committed, as aforesaid, to prove that said slave was not a runaway; and the taker-up or his agent may, in like manner, offer counter proof, and at the discretion of the justice or county judge trying the case, either party may be examined, on oath, touching the matter at issue; and if the justice or county judge trying the case be of opinion and satisfied by the evidence produced before him that the slave is a runaway, Judgment for he shall so decide, and give judgment against the owner of the slave, and in favor of the taker-up, for the costs of said examination and notice, and the slave shall remain in jail until said costs and the compensation allowed by law for apprehending the slave are paid; but if said justice or county judge trying the case, shall be of opinion that said slave is not a runaway, he shall so decide, and make an against taker order discharging the slave, and directing the jailer to deliver him to the person from whom it was claimed he had made his escape, or his owner and master; and the taker-up shall not be allowed any compensation for making the arrest, and he shall be adjudged to pay all costs incurred by reason of the improper commitment of the slave: Provided, however, That when the taker-up resides out of the county in which the arrest is made, and not in an adjoining county, and has no agent therein known to the justice or county judge trying the case, the master or owner, or person from whom the slave made his escape, shall not be required to give notice to the taker-up or his agent, as above required. up. Judgment Proviso. Fees, &c. Collusion of with the slave. § 2. That the officer or other person serving the notice, as above provided, in addition to the fee allowed by law for serving notices, shall be allowed gateage and ferriage, and five cents for every mile he shall necessarily travel in executing the same. § 3. That in all cases where the owner, master, or person from whom the slave escaped, can make it appear to the the taker-up satisfaction of the justice of the peace who committed the slave, or the county judge of the county in which the slave is committed, that the slave was induced to run away, or make his escape by the taker-up or by any other person, by collusion or in complicity with him, the justice or presiding judge aforesaid shall order the slave to be discharged, and delivered by the jailer as required in section 1 of this act; and no compensation shall be allowed for making the arrest, and the taker-up shall be adjudged to pay all costs incurred by reason of the commitment: Provided, however, That reasonable notice, to be determined by the justice or Proviso. county judge, shall be given to the taker-up, affixing the 1861. time and place at which it is proposed to have the trial: Provided further, That non-residents may be notified con- Proviso. structively by warning order, as required by law in other cases. Where taker "p. does not county, or ador is not found, dono. reside in the joining county, what to be § 4. That in all cases where a slave is committed to jail 4s a runaway, and the taker-up does not reside in the county in which he may be committed, nor in an adjoining county within this State, or is returned not found by the officer or other person in whose hands either of the notices required by this act shall be placed, the justice of the peace or county judge may order and direct the jailer of the county to deliver the slave to his master or owner, or the person from whom he made his escape, upon payment to, or deposit with the jailer, of a sum of money sufficient to pay the compensation for making the arrest allowed by law, and all reasonable costs and fees which may be adjudged against the owner of the slave: Provided, however, Proviso. that the money so deposited shall be returned to the person making the deposit, or paid over to the taker-up, in accordance with the final decision of the case upon the proper order of the justice or county judge, who shall finally try and decide the case; and the jailer and his securities in his official bond shall be liable for the proper disposition of the Jailer liable. money so deposited with him, in accordance with the order of the justice or county judge, as above set forth. Hirer in certain cases to pay part. p. 372. § 5. That in all cases where a hired slave, for a term of not less than twelve months, runs away, and is arrested and returned or committed to jail, and the owner pays the compensation allowed by law for making the arrest, the hirer shall be liable, and pay to the owner of the slave one tenth part of the amount so paid by him, which may be recovered by suit in any court having jurisdiction thereof. § 6. That section 3, article 6, chapter 93, of Revised S. R. S., vol. 2 Statutes, title Slaves, Runaways, Free Negroes, and Emancipation, be amended as follows, to-wit: If the slave be arrested in the county of the residence of his owner or person who had legal custody of him when he made his escape, and said county borders on the Ohio river, and the slave is delivered to his owner or person from whom he made his escape, or lodged in the jail of the county, the compensation to the taker-up shall be twenty dollars; if Compensation the slave made his escape from an adjoining county, forty dollars, if the arrest be made in a county bordering on the Ohio river, and the slave be delivered as above, or lodged in the jail of the county in which the arrest was made. If the slave made his escape from another county, not adjoining the county in which he is arrested, and is arrested in a county bordering on the Ohio river, and lodged in the jail of said county, seventy-five dollars; or if delivered to his for taking up. 1861. owner or person from whom he made his escape, at his residence in this State, one hundred dollars. § 7. That in all cases the taker-up shall have a lien on Lien to taker- the slave taken up for the reward or compensation allowed Jailer's duty. by law for making the arrest: Provided, That the jailer, or keeper of the jail in which any runaway slave is confined, shall not deliver up said slave to the owner, or his agent, until the fees or rewards offered in this act, together with the expenses of keeping the runaway, jailer's fees and costs, are paid to him. If the jailer receives said reward, he shall be responsible upon his official bond therefor to the person entitled thereto, and he shall be likewise responsible if he violates any of the provisions of this act. § 8. That an act, entitled "An act regulating fees for arresting runaway slaves," approved March 3, 1860, be, and the same is hereby, repealed; and all laws, acts, and parts of acts, repealed thereby, are hereby revived and declared in full force and effect to the extent, and in so far as they conform to the provisions of this act; and that all laws coming in conflict with this act are hereby repealed. Approved December 19, 1861. 1857-8, page 2. CHAPTER 277. AN ACT to amend an act to amend title 7, chapter 4, of the Code of Practice, approved December 16, 1857. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to amend title 7, chapter 1 Session Acts, 4, of the Code of Practice," be so amended that the provisions thereof shall apply to a plaintiff who has a cause of action against a co-plaintiff, or other person, growing out of, or connected with, the subject-matter of the counter claim or offset set up in the defendant's answer; and such How plaintiff plaintiff may, either by amended petition or in his reply to such offset or counter claim, set forth and present said cause of action, as in a cross petition, and introduce any new parties that may be necessary to an adjudication of the same; and the same shall be prosecuted in such manner as is provided by the act to which this is an amendment, in relation to cross petitions by a defendant growing out of matters set up in the petition of a plaintiff. may present his cause. New parties. § 2. This act shall apply to proceedings, in conformity therewith, which have been instituted in actions already pending, and it shall take effect from and after its passage. Approved December 19, 1861. CHAPTER 279. AN ACT to change the line between the counties of Webster and Union. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1861. fined. § 1. That the county line between the counties of Web- Boundary dester and Union be, and the same is hereby, changed, and that hereafter the line between said counties shall run as follows, to-wit: Beginning at White Lick, on Highland creek, and running thence a straight line to Half Moon Lick, on Treadwater. § 2. That the county surveyors of Webster and Union Line to be run. counties are hereby appointed commissioners to run and establish the line between said counties, in accordance with the provisions of the first section of this act, and that the county court of Webster county levy an amount sufficient missioners. to pay said commissioners for their services. §3. This act to take effect on and after the first day of January, 1862. Pay of com Approved December 19, 1861. CHAPTER 285. AN ACT to supply lost depositions. Be it enacted by the General Assembly of the Commonwealth of Kentucky: supplied. § 1. That in all actions, suits, or proceedings, (including How lost depoproceedings to perpetuate evidence,) now pending, or which sitions may be may be hereafter instituted, in any of the courts within this Commonwealth, in which depositions may be read in evidence, and such depositions have been filed in the proper office, as is now directed by law, and any such deposition being mislaid, lost, or stolen, so that the same can not be used, a copy of said deposition, certificate and indorsements thereon, duly certified as such by the clerk or officer having custody of the original deposition, together with the seal of office, may be used and read in all respects as though it were the original. §2. Where depositions have been filed in a court, or with an officer having no seal of office, before a copy can be used in the cases mentioned in the first section of this act, the copy must be certified by the officer having custody of the same, together with the circuit or county court clerk of the county in which said office is situated, and the seal of his office affixed to the certificate. 3. It shall be the duty of all officers, having custody of depositions, to make out and furnish properly certified copies of any and all depositions in their possession to any person applying for the same: Provided, The fees for such Where the off- how authenti Copies shall be furnished upon tender of fees. 1861. Where no seal of office, copy to be furnished. Penalty services shall be tendered to them, and their fees shall be the same now allowed by law for copies of pleadings; it shall also be the duty of any court or officer having custody of depositions, and having no seal of office, upon application for a copy, to make out one, and cause the same to be certified, as directed in the first and second sections of this act; not, however, until the fees for such services have been tendered as before directed; and for any unreasonable delay upon the part of any officer to furnish copies of such depositions, he or they shall be fined any sum not less than five nor more than ten dollars per day for each day he or they so refuse or neglect to furnish the same, to be recovered by the party applying for the deposition in any court having jurisdiction, and for his use. 4. That all such copies shall be subject to all the exCopies subject ceptions to which the original depositions were liable at the time they were taken. to exceptions. § 5. This act shall take effect from its passage. Approved December 19, 1861. from require CHAPTER 290. AN ACT for the benefit of the Commercial Bank of Kentucky. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the Commercial Bank of Kentucky is hereby Bank retensed released from the provisions of previous acts of the Legis ments to establature, requiring it to establish branches at particular lish certain places within specified times; and said bank is hereby May estab- empowered and permitted to establish any branch or fish branches branches, at points heretofore designated, at other points, remove and it may remove the parent bank, and any branch or branches. at other points, and parent bank. Proviso. Proviso. branches now located, to any other place or places, such as the exigencies of the times, or the welfare and safety of the bank, may require: Provided, That said bank shall not be allowed to establish any more branches than are now allowed by law, and none shall be placed beyond the limits of this State: And provided further, That no branch shall be permanently removed that has been heretofore put into operation by said bank, nor any branches that have been located, but not established. § 2. This act shall take effect from and after its passage. Approved December 19, 1861. |