bles' district in said city, and designate the bounds of said precincts, and the house or place of voting, and publish the same in the public journals of said city, at least ten days prior to the election, for the votes to be taken at the county and state elctions. § 2. That any person who shall vote out of his said district, as laid off by the authority aforesaid, shall be liable to the penalties prescribed against such, by the general laws, for voting out of their own district. Approved March 22, 1851. 1851. CHAPTER 588. AN ACT in relation to the commissions of officers. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That upon the receipt, by the secretary of state, of the election returns, for the various officers elected by the people of this commonwealth, the governor shall cause commissions to be issued to those elected, which commissions shall be forwarded to the address of the officer commissioned, to the county seat of the county, for which, or for a district in which said officer may have been chosen. Approved March 22, 1851. CHAPTER 589. AN ACT to provide for the payment of the unpaid orders of the school commissioners. Whereas, it appears from the report of the superintendent of public instruction for the year 1850, that he has drawn his annual draft for the sum of $144,006, and that the available income of the school fund for 1850 is only $129,050 60-leaving a deficit of $14,955 40; and whereas, it also appears that the legislature, at its present session, has passed many special laws for the benefit of school districts which failed to report in due time, and will probably pass others. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the second auditor be and he is hereby directed to issue his warrant for the unpaid orders of the school commissioners for the year 1850, and such other orders of school commissioners, when made out and presented in proper form, and drawn in virtue of special acts of this legislature, which have or may be passed, and the treasurer is directed to pay said orders, when presented, out of any moneys in the treasury not otherwise appropriated: Provided, the said auditor is to charge the amount of said orders to the board of education: Provided further, that the superintendent of public instruction shall not hereafter draw his draft for a greater sum of money than the avails of the school fund due at the time of drawing. Approved March 22, 1851. 1851. state, how ob. Lained. CHAPTER 593. AN ACT to reduce into one the several acts concerning peddlers, and fixing the amount of tax to be paid by them. Be it enacted by the General Assembly of the Commonwealth of Kentucky, as follows: § 1. Any person desirous of obtaining license to sell License for the goods, wares and merchandise throughout the state, may apply to the clerk of any county court, and by paying fifty dollars, obtain a license therefor, with the seal of the county court affixed; which license shall authorize such person to sell as a peddler or itinerant merchant for one year, in any county in this state, any goods, wares and merchandise not prohibited by law to be sold. §2. Any person wishing to obtain the privilege of sellHow obtained ing goods as a peddler in one county for one year, may obfor one county. tain a license in the manner prescribed in the preceding section, by paying twenty dollars. How obtained for 3 months, & am't to be paid. License to con tain a description or person obtaining it. Selling goods in a house for less than one year deemed peddling. boat without license deemed peddling. §3. Any person wishing to obtain the privilege of selling goods, &c., as a peddler for three months, in any county in the state, may obtain a license as prescribed in the first section, by paying fifty cents for each one hundred voters in any county in which he may desire to sell his goods; the number of voters in such county to be ascertained from the last report of the county assessor preceding the application for license. 4. Every license issued in virtue of either of the three preceding sections, shall contain a description of the person to whom it is granted, and shall not be assignable; nor shall any clerk make a copy or duplicate of any license issued by him to a peddler; nor shall such license be construed to permit any other than the person named therein, nor more than one person, to sell under the same. § 5. Every person who shall open and expose to sale or barter any goods, wares, or merchandise, in any room or storehouse in this state, for any time less than one year, shall be deemed and taken to be a peddler within the meaning of this act. This section shall not apply to any person who is a bona fide resident of the county, and whose goods, wares and merchandise shall have been regularly listed for taxation under existing revenue laws. § 6. Any person who shall offer for sale, or sell by retail, Selling in any goods, wares or merchandise, other than the produce or manufacture of this state, in or from any boat or other water craft, on any of the navigable rivers or waters within the jurisdiction of this state, shall be deemed a peddler within the meaning of this act, and subject to the penalties prescribed herein for peddling without license. § 7. The clerk of any county court of any county borderClerks of ing or adjoining the navigable rivers running through or Counties border bordering on this state, is authorized to issue a license to May issue any person who may wish to sell goods, wares and mer Ing on rivers chandise in any boat or other water craft, upon the payment of eight dollars and fifty cents for each county in which the applicant may wish to sell his goods. The licenses authorized by this section to be in force for one year, and no longer. § 8. If any person shall violate the provisions of the preceding sections, by selling, or offering to sell, any goods, wares or merchandise, without first obtaining a license, he or she shall forfeit and pay one hundred dollars, recoverable before any justice of the peace, police or city judge, of the county in which the offense shall be cornmitted, and, on failure to pay, shall be committed to the jail of the county, there to remain until the fine and costs are paid. § 9. The power to issue warrants for the arrest and trial of persons suspected of violating the provisions of this act, is hereby vested in justices of the peace of counties, police judges of towns and cities, and judges of cities. Any peddler failing or refusing to present his license, when required by either of the officers last mentioned, shall be deemed to be guilty of peddling without license. Penalty for § 10. If any peddler shall sell any article of goods, wares, or merchandise within this state to any slave, without the selling to slaves written consent of his or her master, mistress, owner or overseer, such peddler shall forfeit and pay fifty dollars, recoverable in the same manner set forth in the two last sections, and, upon failure to pay the fine and costs, shall be imprisoned in the jail of the county for thirty days. § 11. Every person to whom a license may be issued for the state at large, under the first and third sections of this act, before he commences selling his goods in any county, other than the one in which the license was issued, shall present his license to the clerk of the county court of such county and procure his certificate of its genuineness. A failure to comply with this requisition shall subject said person to the same forfeiture as though he had no license. § 12. All laws inconsistent with the foregoing provisions are hereby repealed. Approved March 22, 1851. Persons having a license for the state to have them authenti cated in each county. Former laws repealed. CHAPTER 596. AN ACT exempting every custom house, post office, court room, and other offices that may be created within this Commonwealth by the General Government from taxation. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That every custom house, post office, court room, and other office of the United States, that may hereafter be erected within this commonwealth, by the general governinent, or its order, and all the lands and lots on which they may be situated, shall be exempt from all county, city, or state taxes whatever. Custom house &c., exempted from taxation. 1851. § 2. That his excellency, the governor of this commonwealth, be, and he is hereby requested, to transmit an official copy of this act, under the seal of State, to his excellency, the president of the United States. Approved March 22, 1851. Proceedings on property. CHAPTER 601. AN ACT to amend the exemption laws. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when any execution of fieri facias or attachment for debt or fee bill shall hereafter be levied on the property of any defendant or defendants therein, it shall be lawful for said defendant or defendants to elect, to in case of a levy keep, and retain any property now subject to execution, upon giving up for sale, under said execution, an equal amount in value of property now exempt by law from said execution; and, in order to fix the value of the property so about to be given up on the one hand, and retained on the other, it shall be lawful for the plaintiff and defendant each to select a disinterested citizen of said county to value the same, under oath, to be administered by the officer; and, in case of their disagreement, for the officer to act as umpire between them; and, in case of the absence of either, or of the failure of either or both to select such valuers, the officer shall appoint them; whereupon, it shall be lawful for said officer to sell said property retained, and the said defendant shall be permitted to hold and retain, as exempt from that and any other execution or attachment for debt or fee bill, the property so selected by him; all of which facts shall be returned by the officer on his said execution; and it shall be the duty of said officer to give to said defendant or defendants a certified list of the property so reserved and retained by him or them; and if any officer, with notice thereof, shall levy on or sell said property, he shall be liable to the same actions as if he had levied on or sold the property originally exempt from execution. § 2. That hereafter there shall be exempt from execuAdditional nr. tion, on all contracts hereafter made, one work horse, five ticles exempt head of sheep, one cooking stove and appendages, and from execution. other cooking utensils not exceeding in value twenty-five dollars, in addition to the specified articles now exempt from execution. § 3. That whenever any person shall hereafter die, leavProceedings to ing a family and no provisions on hand for the support of be had when a said family for six months, and no live stock out of which person dies not leaving provis to take the same, it shall be lawful for the executor or adions for support ministrator of said decedent to have valued, by two disinterested housekeepers, of no kin to the decedent or his family, under oath, a sufficient amount in value of the other of family, &c. property of said decedent, to support and maintain his family for six months; and the same shall not be assets in the hands of any representative of said decedent, for the payment of his debts: Provided, that the property herein exempted from sale under execution or distress, shall be subject to sale to pay the revenue tax and county levy, as heretofore Provided further, that this act shall not operate so as to change the law between landlord and tenant. Approved March 22, 1851. 1851. CHAPTER 602. AN ACT to change the place of voting in an election precinct in Jefferson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting is hereby changed from the grocery of Daniel Gilman, in Jefferson county, to the tavern house of David Gregory, in the same precinct. and county. Approved March 22, 1851. CHAPTER 605. AN ACT to establish an additional election precinct in Greenup county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there is hereby established an additional election precinct in Greenup county, to be bounded as follows: beginning in the Lewis county line, on the dividing ridge between the waters of Leatherwood and White Oak; thence with the Lewis county line to the Carter county line; thence with the Carter county line to where it crosses Tygert's creek; thence down Tygert's creek to the mouth of Big Loss creek; thence up the same to its head; thence with the dividing ridge between the waters of Leatherwood and Little and Big Oak, to the Lewis county line, the place of the beginning; and the place of voting in said precinct, shall be at the house of William Riley Smith. Approved March 22, 1851. CHAPTER 607. AN ACT in relation to the Revenue. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the revenue of this commonwealth shall, hereafter, be due and payable into the treasury on the fifteenth day of December, in each year, instead of the fifteenth of January, as heretofore. Approved March 22, 1851. |