of a copy of said order to the secretary of state, he shall furnish a copy of said laws to such county court judge, if to be had. § 7. It shall be the duty of the secretary of state to furnish to said presiding judge of the county court, for the use of his office, one copy of the decisions of the court of appeals of Kentucky, hereafter published. Approved March 24, 1851. 1851. Decisions of court of appeals also. CHAPTER 676. AN ACT regulating proceedings against officers. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if any judge of a county court, justice of the peace, sheriff, coroner, surveyor, jailer, county assessor, attorney for the county, or constable, shall be guilty of malfeasance or misfeasance in office, or willful neglect in the discharge of his official duty, he shall be subject to indictment by a grand jury of the county in which he may reside, and on conviction thereof, by a petit jury in the circuit court in which the indictment shall be found, his office shall become vacant, and the court shall so decree it: Provided, however, that such officer and the commonwealth shall have the right to appeal from. such decree to the court of appeals, within the time and in the mode prescribed by law in civil cases; and if the officer shall appeal, he shall execute bond, in a penalty and with surety to be approved of and prescribed by the court, conditioned to pay all such costs as the commonwealth may incur in the event the decree of the circuit court be affirmed by the court of appeals. Duty of circuit appeals. § 2. That it shall be the duty of the clerk of the said circuit court to make out and certify to the court of appeals court a transcript of the record of the case, as other cases are made out and certified by him, for which he shall charge the officer praying the appeal the fees allowed by law for making out records; but the clerk shall have no right to charge the commonwealth any fee in the case. §3. That the decree of the circuit court declaring the office vacant, shall be suspended until it shall be affirmed by the court of appeals, and its mandate filed in the circuit court. clerk in § 4. That in all cases where the office shall be deemed Costs, how paid vacant, and where the decree vacating it shall not be reversed, the officer shall pay the costs of the proceeding, for which execution shall be ordered by the court, and be issued by the clerk. Approved March 24, 1851. 1851. parts of sections repealed and a. mended. CHAPTER 680. AN ACT to provide for the organization of the Militia of this State. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled, an act to amend Sections and the militia law, approved February 26, 1849, be and the same is hereby repealed, to take effect on the first day of January, 1852; and the act, entitled, an act to amend the militia law, approved February 9, 1837, be amended as follows: The following sections and parts of sections of said act are hereby repealed, viz: so much of the third section as requires a majority of the field officers and captains in each regiment to meet and nominate platoon officers; so much of the fourteenth section as allows the adjutant general a salary of two hundred and fifty dollars; the proviso to the forty-ninth section; and so much of the seventy-first section as requires major generals and brigadier generals to recommend or nominate the next officer in rank to fill a vacancy. the §2. The governor and commander-in-chief shall appoint What officers the adjutant general, and his other staff officers; the major governor generals, brigadier generals, and commandants of regiments shall, respectively, appoint their staff officers; and commandants of companies shall appoint their non-commissioned officers. may appoint. to be elected. § 3. All militia officers, whose appointments are not Officers, how herein otherwise provided for, shall be elected by persons subject to militia duty, within their respective companies, regiments, brigades, and divisions, under the following rules and regulations: A captain, a first lieutenant, and second lieutenant, by those subject to militia duty in the bounds of each company; whose term of service shall be four years after the first election. A colonel, lieutenant colonel, and major, by those subject to militia duty in the bounds of each regiment; whose terms, after the first election, shall be four years. A brigadier general, by those subject to militia duty in the regiments composing each brigade; whose term, after the first election, shall be six years; and a major general, by those subject to militia duty in the regiments embraced in each division. Sheriff to hold elections for mi litia officers. § 4. It is hereby made the duty of the sheriffs of the several counties, by themselves or deputies, to attend the musters of the regiment or regiments in their respective counties, who, together with the field officers of the same, shall superintend the election of the several officers directed by this act; and within ten days thereafter he shall forward to the governor, directed to the adjutant general, the names of those, written in a plain legible hand, who received the highest number of votes for the various offices respectively-except the brigadier general or major general; and in those cases, he shall forward the number of votes received by each individual for those offices respectively. 1851. Commissions those elected. § 5. Upon the receipt of the returns made by the sheriffs, as provided for in the preceding section, commissions shall be issued therefor by the governor-first adding up the lists to be issued to of votes returned from the several regiments for brigadier generals and major generals, and issuing commissions in each case to him who receives the greatest number of votes-and in all cases where two or more persons receive the highest and an equal number of votes for the same office, it shall be determined by lot, in the presence of him or them who superintend the election, if below the rank of a brigadier general; and in the event of a tie in the vote for brigadier general and major general, it shall be determined by lot, in the presence of such persons as the governor shall select. And the commissions thus issued for officers elected in June next, shall take effect from the 31st day of January, 1852, and to expire when their successors are elected and commissioned, for the terms as specified in this act. When vacancies occur in any of the offices of the militia made elective by this act, or in the absence of any officer, the next in rank shall discharge all the duties required by this act of his superior during such vacancy. § 6. After the first election directed by this act to be holden in June next, the regular elections shall be held as follows: The company officers shall be severally elected on the days, and at the places where the company musters are held; and the major general, brigadier general, colonel, lieutenant colonel, and major, shall be elected on the days, and at the places where the regimental musters are held; and after the first election of officers, the officers of companies shall superintend the election of company officers, and the regimental officers shall superintend the elections of the different officers who are to be elected at the regimental musters: Provided, that the regular elections for successors to the brigadier generals and major generals, first provided for in this act, shall take place at the regimental musters in the year 1857: And, provided further, as vacancies occur, elections shall be held to fill the unexpired term at the next succeeding company or regimental muster, as the case may require. § 7. In all calls for volunteers, either by the general or state government, the necessary officers shall be chosen as required by this act and the constitution of this state. § 8. All laws or parts of laws coming within the provisions of this act be and the same are hereby repealed. Approved March 24, 1851. Times and places of elections. Volunteers. Hancock cir to commence. Muhlenburg AN ACT regulating the terms of the Muhlenburg and Hancock Circuit Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the circuit courts in the county of Hancock cuit court, when shall hereafter commence on the last Monday in August, and on the last Monday in February, and continue, at each term, six juridical days, if the business of said court require it; and that the circuit court in Muhlenburg county shall commence on the third Monday in March, and on the third circuit Court, Monday in September, and continue in session six juridical days, if the business of said court shall require it. And so much of an act, passed at the present session of the general assembly, as fixes a different day for holding the circuit court in either of said counties, is hereby repealed: Provided, that nothing in this act shall be so construed as to change the time of holding the spring terms of the circuit court in either of said counties in the year 1851. Approved March 24, 1851. when to commence. Spring terms of said courts not changed by this act. CHAPTER 683. AN ACT to provide for a special Court of Appeals. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if, on the trial of any cause which may at any time be pending in the court of appeals, a majority of the judges cannot sit on account of interest in the event of the cause, or on account of the relationship to either of the parties litigant, or on account of having been employed as counsel in the case in the court below, or for any other good cause, it shall be the duty of the court to select a competent and impartial lawyer or lawyers, or judge or judges of the circuit court, to constitute a special court, with such of the judges of the court of appeals as can sit, for the trial of such cause or causes; and such special court shall commence its session for the trial and determination of any such suit or suits at the time fixed by the court of appeals, and may adjourn from time to time, until the business before them has been disposed of. And such lawyers and circuit judges, so selected, shall be entitled to five dollars for each and every day they may serve in said special court; and their claims shall be certified by the court of appeals to the auditor of public accounts, who shall issue his warrant on the treasurer for said amounts. Approved March 24, 1851. CHAPTER 684. AN ACT giving officers further time to collect taxes and fees. Approved March 24, 1851. 1851. AN ACT to increase the powers of administrators with the will annexed. Approved March 24, 1851. CHAPTER 693. AN ACT to authorize the Circuit Courts of this Commonwealth to direct The committee tion. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall hereafter be lawful for the may file a peticommittee of any lunatic, within this commonwealth, to file a petition in chancery, in any county in which said lunatic may be, or in any county in which any land or slaves of such lunatic may be, praying the sale of any part, or the whole of such lunatic's real estate or slaves. § 2. That if the judge or chancellor, in whose court said petition may be filed, shall be of the opinion that it is necessary for the payment of the debts of such lunatic, or that it would be advantageous to such lunatic to have any part, or the whole of such lunatic's real estate or slaves sold, such court is hereby authorized and empowered to make any order or decree for that purpose: Provided, the children and wife, if any, of said lunatic, shall be made defendants to said petition. The judge may decree a sale. |