thereon, shall be forfeited, burned, or destroyed. And, furthermore, the offender shall be committed to prison until the fine and costs are paid. § 20. When there is more than one owner, setter up, or keeper, or lessee of such billiard table, each shall be severally liable for such penalties. 21. A judge or justice of the peace may, by his warrant, cause any house or building to be searched, by night or by day, for the detection of any billiard or gaming table, and if admission be not given on demand made, the officer or other person in charge of the warrant, shall force an entrance, seize the table, and all implements used therewith, and all money or other thing staked or exhibited thereon, and arrest the keeper thereof. § 22. Any setter up or keeper of a billiard or gaming table, may be required by a judge or justice of the peace to give security in six hundred dollars for his appearance at the next circuit court of the county, to answer the charge, and be of good behavior for one year; and on failure, shall be committed to prison until after the next term of said court or until the security be given; and if, after giving the security, he shall, within the year, keep or permit any such table to be used, it shall be deemed a breach of the recogni zance. § 23. These prohibitions and penalties shall apply to any table upon which is played any game substantially the same as that commonly known by the name of billiards, by whatever name the game may be called. § 24. The fine for keeping or setting up a billiard table shall be one-third for the use of the informer, if there be one, and one-third for the use of the prosecuting attorney. § 25. Any white person who shall play with a free negro or slave at any game of cards, or with dice, or at any other game whatever, whereby money or other thing of value shall be won or lost, shall be fined not more than fifty dollars. 1851. Buildings may be searched. Security may be required of keeper of billiard table. Fine for a white person gaming or slave. with a free negro Approved March 24, 1851. CHAPTER 618. AN ACT to establish a levy and monthly County Court for Jefferson county. ed. A levy county § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be a levy county court for the county of Jefferson held on the first Monday in court establishevery March, July and November, and as much oftener as the same may be convened by order of its presiding judge, or of any three of its justices entitled to set therein at the time. First. The levy court shall have all the jurisdiction now held by the county court of Jefferson county, or which may Its jurisdiction. 1851. court to be com. hereafter be conferred on the county courts of the state, for the disposal of which a majority of its justices are or may be required to be present, and shall have no other jurisdiction. Second. The judges of the court shall be a presiding of whom the judge, one justice from each justice of the peace district in the county; the justices from each district taking the duty annually in rotation; and if they cannot agree which shall serve the first year after their election, the presiding judge shall determine it by lot. posed. Vacancies, hc w filled. What number to constitute a quorum. Third. In case of a vacancy in the office of the justice whose year it is to serve, or if, from any cause, he cannot attend a levy court, the other justice from his district shall act in his place. Fourth. A majority of the members of the court shall be a quorum for the transaction of any business, and a majority of the quorum necessary to any decision. Fifth. Each justice shall be entitled to two dollars a day The pay to the for every day he attends the levy court, to be paid out of the county levy; but he shall not be paid for more than six days in any one year. justices. §2. That a monthly county court for said county shall be A monthly held on the second Monday of every month, and said presiding judge shall be the sole judge thereof. County court to be held. First. The monthly court shall have all the rest of the Its jurisdiction. jurisdiction now belonging to the county court of Jefferson, t or which may hereafter be conferred on the county courts of this state, in the exercise of which a majority of all the justices shall not be required. Second. It shall also have jurisdiction over the settlement of the accounts of personal representatives, guardians, curators, and committees of lunatics and idiots, and the jurisdiction now held by the Louisville chancery court over any of those subjects, except by bill in chancery, is repealed. Third. It shall also have jurisdiction of all such civil suits, motions, or proceedings, of which the Jefferson circuit court or the Louisville chancery court now has jurisdiction, where the debt or damages sued for in virtue of any tort or contract shall not exceed one hundred dollars, exclusive of costs. And in all cases where the debt sued for, or the damages claimed exceed fifty dollars, the complainant or plaintiff, as the case may be, shall pay to the clerk of the court a tax of fifty cents, which shall be accounted for and paid into the treasury, as other taxes are accounted for and paid into the treasury. Fourth. It shall also have exclusive jurisdiction for the trial of all appeals from a justice of the peace; of all trav erses under writs of forcible entry and detainer, and of all writs of replevin upon distress warrants for rent taken or sued out in said county. Replevy bonds taken under distress warrants for rent now returnable to the circuit court, shall be returned to, and proceeded upon from the clerk's office of said county court. Fifth. It shall be governed in the exercise of the exclusive jurisdiction hereby given by the law now governing therein the said circuit and chancery courts, except where the same would be plainly inapplicable to its peculiar struc ture. Sixth. Its regular terms shall begin the second Monday of every month, and end the Saturday next preceding the second Monday in the ensuing month. Seventh. All suits and motions, whether at law or in equity, the process in which has been served five days before the first day of a term, shall be triable at that time. Eighth. Its business shall be arranged on the docket, and conducted in all respects, as is or may be required by law in a circuit court, except that, in the trial of appeals which now go to the county court, no jury shall be allowed; and except, also, that a trial may be had by a jury of six, unless one of the parties demands a full jury of twelve men. For a verdict by a jury of six, a jury fee of only two dollars shall be charged. Ninth. It may, by rule of court, limit to one hour the du ration of any oral argument before court or jury, which shall not be revoked or suspended, for the purpose of any particular case, unless so done before the argument has commenced. Tenth. The presiding judge may hold the court at any time; and, instead of a continuance to the next term, may, in any case, adjourn its trial to a future day in the same term. 1851. First term, Eleventh. Its first term shall commence on the second Monday in June next; and any suit may be brought there when held. in after the presiding judge and clerk of the court have qualified. Compensation, Twelfth. The presiding judge shall receive an annual salary of twelve hundred dollars. The city of Louisville shall, how paid. in quarterly payments, pay eight hundred dollars thereof, and the other four hundred dollars shall be paid by the county of Jefferson, out of the county levy. Thirteenth. Execution may issue five days after the rendition of judgment or decree. Appeals may be taken from §3. Appeals and writs of error shall lie from said levy and monthly courts direct to the court of appeals, except said court. where an appeal or writ of error is now, or may hereafter be, expressly allowed to the circuit court; and neither shall be allowed except where the matter in controversy is over the value of twenty dollars, exclusive of costs. § 4. The presiding judge shall not practice law whilst Presiding judge holding the office. not to practice law. Jefferson exempt from the §5. The act, entitled, "an act to organize county courts in the several counties," passed at the present session of the Ler eral county court law. general assembly, shall not apply to the county of Jeffer 1851. son. CHAPTER 621. Approved March 24, 1851. AN ACT providing for the relief and discharge of securities for public officers. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for any person May file petition who now is, or who may hereafter become, a security for a public officer, to file a petition in the office of the clerk of the circuit court of the county in which the public officer resides, or may reside, alledging that he is in danger of loss by reason of his securityship, and the clerk shall issue a summons against the officer, warning him to appear before the judge of said court, at the next term thereof, to answer it; and on the summons being returned executed ten days before the term, said court shall order said officer to give bond with new surety, to be approved of by the court, in the same penalty, and with the same conditions prescribed and annexed, in and to the original bond, if given, shall relieve said security from all liabilities and responsibilities arising from the malfeasance, misfeasance, or nonfeasance in office of said officer, subsequent to the execution of the bond with new surety, and direct an order to be entered releasing the security to that extent. Proceedings thereon. Proceedings § 2. That, in the event the said officer shall, within the time fixed and required by the court, fail or refuse to give in case of a fail the bond with new surety, the court shall decree the security to stand discharged from all liability and responsibility for said officer, arising from his malfeasance, misfeasance, or nonfeasance in office subsequent to the filing of the petition. ure to give a new bond. §3. That, if the summons should not be returned execuFor what cause ted ten days before the term, the proceedings on the petition shall be continued until the next term, unless the parties shall agree otherwise. case to be continued. Approved March 24, 1851. Fulton CHAPTER 622 AN ACT to amend an act, entitled, an act to organize County Courts in the several counties, approved March 11, 1851. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the presiding judges of the county courts in this commonwealth shall hold the quarterly terms of their courts at the court house in their respective counties as hereinafter directed, to-wit : In the county of Fulton, on the fourth Monday in January, April, July, and October. In the county of Hickman, on the third Monday in January, April, July, and October. In the county of Ballard, on the second Monday in February, May, August, and November. In the county of McCracken, on the third Monday in February, May, August, and November. 1851. Hickman Ballard McCracken In the county of Marshall, on the first Monday in March, Marshall June, September, and December. In the county of Calloway, on the fourth Monday in Calloway March, June, September, and December. In the county of Graves, on the fourth Monday in March, Graves June, September, and December. In the county of Livingston, on the fourth Monday in Livingston February, May, August, and November. In the county of Crittenden, on the second Monday in Crittenden January, April, July, and October. In the county of Trigg, on the third Monday in January, Trigg April, July, and October. In the county of Caldwell, on the second Monday in Caldwell February, May, August, and November. In the county of Christian, on the second Monday in Christian March, June, September, and December. In the county of Union, on the third Monday in March, June, September, and December. Union In the county of Hopkins, on the second Monday in March, June, September, and December. In the county of Henderson, on the first Monday in March, June, September, and December. Hopkins Henderson In the county of Todd, on the second Monday in Janua- Todd ry, April, July, and October. In the county of Daviess, on the third Monday in March, Daviess June, and September, and the second Monday in De cember. In the county of Hancock, on the third Monday in Jan- Hancock uary, April, July, and October. In the county of Breckinridge, on the fourth Monday in Breckinridge January, April, July, and October. In the county of Meade, on the first Monday in March, Meade June, September, and December. In the county of Hardin, on the second Monday in Feb- Hardin ruary, May, August, and November. In the county of Larue, on the first Monday in March, Larue June, September, and December. In the county of Grayson, on the second Monday in Jan- Grayson uary, April, July, and October. In the county of Ohio, on the fourth Monday in March, Ohio June, September, and December. In the county of Muhlenburg, on the second Monday in Muhlenburg March, June, September, and December. In the county of Logan, on the first Monday in March, Logan June, September, and December. |