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Allowance not to exceed $3 per day except by consent of all parties,

Required to return number of hogs over six months old,

36 COMMON SCHOOLSAct to amend common school law,

33 Site of school house not to be changed except by vote of district,

33 Act directing payment out of the treasury of unpaid orders of school commissioners,


Required to prosecute frauds ou tolls upou Kentucky, Green and Barren

40 Duties of,

261 Salary of,

262 Wheu absent, court to appoint one pro tem.,

262 Not to have taxed fee, except in jury cases,

262 Portion of fine, &c., given by law to be regarled as his fee,

262 Duties of, in regard to curren«y,

350 Act relating to fees of,

390 CONGRESSTime of electing members of,


Act appointing commissioners to divide counties into districts for the elec-
tion of,

Executions may be directed to, froin presiding judges of connty court,

42 To give bond and take vath before entering upon duties,

82 Duty to enforce license law,

271 In Louisville, and in certain districts in Cumberland, Wayne, and Pulaski. may appoiot deputies, .

373 To execute bond before entering upou duties,

377 CONSTRUCTION OF STATUTESWords "state" and "United States" defined,

235 “Justices” means justices of the peace,

236 “Personal representatives” include executor, administrator, or person required to act as such,

236 Words "unsound mind” include idiots, lunatics, and persons non compos, or deranged,

236 "Oath” includes affirmation,

236 "Month" and "year" means calender month and year,

236 Certain time before a motion, &c., must be exclusive of the day of mo. tion, &c.,

236 Act required to be done on particular day which happens on Monday, to be done next day,

236 Adjournment “from day to day,” may be from Saturday to Sunday,

236 “Cattle"--what the term includes,

236 A word of singular number may extend to plural, and vice versa,

236 A word importing masculine gender may extend to females,

236 “Persons" may include bodies politic, &c.,

2.6 "Real estate," or "land,” includes all rights therein other than a chattel interest,

236-237 Personal estate" includes chattels real, and all that would derolve upon the personal representative,


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Revision (of statutes) not retrospective, except where so expressly declared,
No distinction between construction of civil and penal enactments,
All statutes to be construed to carry out intention of legislature,
Revised statutes to be construed liberally, not strictly,
Words and phrases to be construed according to common and approved

Technical words, &c., construed according to peculiar meaning,
"Grantor" iucludes every one from or by whorn, and "grantee" every one

to whom any estate passes,
"Preceding" and "following,” in reference to sections of revision, mean

next preceding or next following,
"Will" includes codicil,
“Issue,” in reference to descent, includes all lawful lineal descendants,
Repeal of repealing act does not revive previous law, unless passed during

same session,
New law not to be coustrued to repeal former law so as to affect offense com-

mitted, penalty, forfeiture, punishment or right; but proceedings may

conform to new law so far as practicable,
Person injured by violation of statute, may recover damages, although peu-

alty or forfeiture be thereby imposed,
Terms "legatee," "devisee," "devise," and "legacy," defined,

Writing not signed unless signature subscribed at end of it,

Upon what no action shall be brought,
Seal not necessary,
Consideration of writing with or without seal may be impeached,
Plea denying execution, must be verified by oath,
Contracts for share or ticket in lottery, void,
Joint obligations,
Obligation to a dead person,
Bills of exchange to be protested,
Bills, drafts, &c., negotiable,
Protest to be evidence,
Petition and summons, or debt, may be brought on against some or all par.


238 238 238

347 347 348 348 348 348 348 348 348 348

ties to,



Extent of to be the saine in courts of law as of equity,
Between devisees and legatees,
By specific and general devisees,
Allowed to heir in certain cases,
To make up portion of posthumous child,
Insolvency of contributor to effect others, like insolvency of co-obligor,
Between heirs and distributees, on same principle as between co-obligors,
Between all persons jointly liable,
Right of contribution survives,
Allowed to devisee from whom widow's portion is taken,
Foregoing provisions not to affect property devised and subject to lien,

Interest to be charged upon contribution from time right accrues,

No seal, &c., necessary, except to deed of state or corporation,
Any interest, not in adverse possession, may be conveyed,
No interest in lands, greater than for one year, to pass, except by deed or


253 258 259 259 229 259 259 259 259 259 259 259

238 238



Gift of slave not valid unless actual possession come to and remain with

238 Effect of deeds in transferring possession,

238 Deed of release good without lease,

238 Effect of certain covenants, in deeds,

239 Deeds not valid against creditors, &c., unless recorded.

239 Where deeds and mortgages to be recorded,

239 Deeds of trust and mortgages pot valid against purchaser, &c., until lodged for record,

239 To take effect in same order as acknowledged or lodged for record,

239 Discharge of lien by deed or mortgage, may be entered on margin of record, and shall reinvest title,

239 Powers of attorney to be recorded,

240 Within what time deeds to be recorded,

240 Deeds executed in the state-ipon what conditions admitted to record, 240 Deeds executed out of this state, but within the United States—when admitted to record,

240 Deeds executed in foreign countries when admitted to record,

240 How deeds to be certified when proved by others than subscribing witnesses,

241 Deeds of married women--provisions in relation to,

241 Deeds not recorded in time, may be effectual from time of recording, • 242 Duty of clerks to record, &c.,

242 Duty of successors of clerks in reference to instruments left in office by predecessor,

242 No comınission necessary to take acknowledgment of deed,

243 Certified copies of recorded instruments prima facie evidence,

243 Certificate of privy acknowledgment of deed by married woman, recorded, shall be prima facie evidence of voluntary execution of deed,

243 Deed not legally lodged for record unless tax be paid,

243 Clerk to advertise list of deeds in office unrecorded,

243 Clerk to keep index of conveyances lodged for record,

243 (See “Deeds.") CONVICTS IN PENITENTIARYAct to prevent close shaving of heads of,

25 CORONERTo perform duties of sheriff at elections in certain cases,

84 To give bond,

328 To hold inquest upon body, &c.,

328-329 Proceedings upon such inquest,

328–329 To execute process in certain cases,

329 Office vacated by ceasing to reside in county,

329 County court may suspend, in certain cases,

329 May prosecute appeal from order of suspension,

329 Vacancies, how filled,

329 To execute bond before entering npon duties,

377 CORPORATIONSPayment of revenue by,

286-287 COUNTY ATTORNEYDuties of,

261 Salary of,

261 Duty to enforce license law, ·

271 Duty under act relating to records of justices of the peace.

384 41

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At to organize in several counties,

Office of associate judges abolished,

40 Court to be composed of single presiding judge, ·

40 Justices of county to sit with judge at court of claims and levy,

41 Justices may be summoned at other times to make appropriatious,

Each justice to receive one dollar per day,

Presiding judge may make appropriations not exceeding fifty dollars at
one term,

Attendance of justices may be conipelled by summous and attachment,
Records of existing county courts to be records of,
Papers to be kept in same office,
Clerks and sheriffs to perform saine duties in as heretofore,
Clerk of not to practice law in court of which he is clerk, nor allow law of-

rice to be kept in clerk's office,
Judge to make all settlements with executors, admiuistrators, guardi.
ans, &c.,

Judge to receive one dollar and fifty cents per settlement, or one dollar and
fifty cents per day,

If judge interested, clerk to act as commissioner,
Judge to hold quarterly terms, and keep record of proceedings.
Executions to be directed to sheriff or constable,

Jurisdiction of concurrent with justices of the peace,
Jurisdiction of concurrent with circuit court in suns between $50 and $100,
Jurisdiction in trespass, trespass on the case, and repleviu under $100,

Judge to receive same fees as clerks of circuit courts and justices for similar
service, .

Judge to be a conservator of the peace. In respect to riots, routs, and all
misdemeanors, to have same jurisdiction as justices,

May issue warrants for, and take recognizance of all persons charged with
violations of penal laws,

May grant injunctions, attachments, writs of ne ereat and habeas corpus,
Appeal lies from justices to county court, and from judge to circuit court,
Juuge to give copies of records, which, when certified by the clerk, shall be

To collectiax of 50 cents on actions over $50, and pay it into treasury,

May, upon petition of administrator or executor, order sale of slaves and

real estate where personal estate of a decedeut is not sufficient to pay

May appoint attorney to represent non-resident parties in such cases,
May allow such attorney a reasonable fee,

Not to sell property exempt from execution, vor widow's dower, except upon
her consent filed,

Appeal may be taken, from order of sale, to circuit court,

After petition filed, no suits to be brought against administrators, &c., but all
claims to be filed in court,

Disputed claims to be tried by county court; or, if too large, by circuit

Louisville chancery court and circuit courts to have concurrent jurisdiction
with county court in settlement of sucli estates,

In suits for settlement of estates, judge to direct notice to creditors by pub-
lication, -

Cost of such notice to be taxed,

46 Judge to enter upon duties second Monday in June, 1851,







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43 False swearing before, perjury, Cases within jurisdiction of justice not to be tried out of defendant's district without his consent indorsed on the warrant,


46 Jury to be impanneled in cases of bastardy, Judge may appoint a commissioner to settle an estate, but not one designa. ted by an interested party,

46 Act to establish special terms of,


82 May change justices' and constables' districts, To appoint officers of election for May, 185.,

82 Presiding judge to appoint some person to act in place of sheriff at elections, in certain cases,

84 Duty of judge to enforce license laws,

271 To grant certificate to assessor for compensation,

276 Proceedings in, against delinquents,

278-279 To appoint overseers to clear out riffles in rivers, &c.,

356 Act to amend the act to organize,

364 Judge to have concurrent jurisdiction with circuit courts, in equity, between £5 and $50,

369 Penalty upon judge for illegal charges,

369 Court to continue until business completed,

369 Duty of presiding judge under act relating to records of justices of the peace, 384 Judge entitled to certain books,

384-385 Act authorizing to change dames of persons,

24 Of Campbell, act to increase terms,

15 Of Clarke and Madison, act regulating terms of,

395 Of Jefferson, act to establish,

361 of Shelby, act to change May term,

2 Of Wayne, act to establish July term,

67 COURT OF APPEALSAct dividing the state into four districts for the election of juges of,

21 Act to provide for a special court of appeals,

388 Who entitled to copies of decisions of,

264 COURT ROOM, &c., OF U. S.Exempted from taxation,


Act authorizing council of, to create two additional election precincts in, 74
Act authorizing circuit courts to change venue in,

Act changing justices' and constable's district, No. 1, in

28 CUMBERLAND AND ADAIRAct for running and marking county lines of,


34 Act to change place of voting in 4th district in, Burksville constable in, may appoint a deputy,


250 Court may appoint curator of estates, during contest about probate of will, His duties, &c.,

250 CURRENCYOnly notes of banks in U. S., lawful,


350 Note of less than $2, presumed to be unlawful,

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