1851. Who may be common gamb indicted as ler. Oath of every town officer. Evidence of witness in pros to ecutions for ga. ming not criminate himself. Attorney's fee to be taxed. a § 13. Any person who is without any lawful trade or profession, but supports himself for the most part by gaming, may be indicted as a common gambler, and upon conviction be fined from fifty to two hundred dollars and costs, or imprisoned not more than six months, or both, and committed till fine and costs are paid; and, furthermore, shall give surety for his good behavior in the penalty of five hundred dollars for one year, or be committed to prison for one year or until he gives such surety; and if after giving the same he shall, during the year, bet any money or thing at any game whatever, he shall be deemed to have broken his recognizance. § 14. A grand jury may cause any person to be summoned before them as a witness, who shall be compelled to testify as to any knowledge he may possess, touching any unlawful gaming in the county during the preceding twelve months, and if he refuse to testify on oath, he shall be committed to prison until he submits, and be fined from ten to thirty dollars, and a like sum for each daily repetition of the contempt. § 15. It shall be the duty, and a part of the oath of office of every town or city marshal, or his deputy, or other like police officer, that he will endeavor to the best of his ability to detect and prosecute all gamblers and others violating the laws against gaming. § 16. Any such officer willfully refusing or neglecting to perform his duty according to the last section, shall be fined from ten to five hundred dollars. § 17. In any prosecution for a penalty against gaming, it shall be no exemption for a witness that his testimony may criminate himself; but no such testimony given by the witness shall be used against him in any prosecution except for perjury, and he shall be discharged from all liability for any gaming so necessarily disclosed in his testimony; and, furthermore, the person against whom he testifies shall not be received to prove any gaming theretofore by such witness. § 18. There shall be allowed and taxed as costs, under all convictions for violation of the laws against unlawful gaming, a fee of ten dollars to the commonwealth's attorney; and all prosecutions and suits arising under said laws, may be had within five years after the cause of action arose or the offense committed, and not afterwards, except as provided in favor of the wife, children, and next of kin of a loser, for the recovery of real estate. § 19. If any person shall set up, or cause to be set up, or Billiard tables permit to be played upon or keep any billiard table, he shall be fined from one hundred to a thousand dollars and costs; and every time such table shall be played upon, it shall be a distinct offense; and, upon conviction of the offender, the table, with all the implements and furniture used in playing thereon, shall be forfeited, burned, or destroyed. And, § 20. When there is more than one owner, setter up, or § 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 keeper of billlard table. be required of 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 establish every 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. Of whom the court to be com posed. Vacancies, how filled. What number to constitute a quorum. The pay to the justices. 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 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. 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 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. § 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 thereon. 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, 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 traverses 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 dis-1 tress warrants for rent now returnable to the circuit court, shall be returned to, and proceeded upon from the clerk's Fifth. It shall be governed in the exercise of the exclu- 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 duration 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 general 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 CCL tinued. Approved March 24, 1851. CHAPTER 622 AN ACT to amend an set, entitled, an act to organize County Courts in the several counties, approved March 11, 1651. §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 Januáry, April, July, and October. |