566 serted in the Kentucky Gazette for eight weeks successively, shall be considered as a summons. SEC. 21. One parcener may maintain an action of waste against One parcener another; but no parcener shall have or possess any privilege over another in any election, division or matter, to be made or done concerning lands which shall have descended to them. may maintain waste against another. Slaves to be deemed real es tate, and how to descend. 1798. IN FORCE FROM FIRST OF MARCH 1798. AN ACT to reduce into one the several acts respecting Slaves, Free Negroes, Mulattoes and Indians: Approved February 8, 1798.-2 Litt. 120. SEC. 28. All negro, mulatto or Indian slaves, in all courts of judicature and other places within this Commonwealth, shall be held, taken and adjudged to be real estate, and shall descend to the heirs and widows of persons departing this life, as lands are directed to descend in and by an act of the general assembly entitled "an act directing the course of descents." (ƒ) (f) The above act directing how slaves shall descend, refers to the act of 1785 at the commencement of this title, and is not affected by the provisions of the fifth and sixth sections of the act of 1796.-Pinkard, &c. v. Smith, &c. Litt. Sel. Cas. 331; Scroggin v. Allin, &c. 2 J. J. Mar. 467. Ibid. In the case of Lytle v. Rowton, 1 Mar. 519, it is said that slaves devised to infants by their father, on their death vest in the brothers and sisters, to the exclusion of the mother: this however is overruled by the above cited cases. 3. The course of descents cannot be changed by the contract of the heir. He can only convey 2. Where an infant dies without issue and in- or grant the estate after descent, there being testate, his slaves pass in equal moieties to his nothing to grant before. Being merely an excollateral kindred in both lines, without any re- pectancy, it does not lie in livery or in grant.gard to the side from which his title accrued. Beard, &c. v. Griggs, 1 J.J. Mar. 26, TITLE 62. DISTRIBUTION OF LAWS. 1819. IN FORCE FROM ITS PASSAGE. AN ACT to provide for furnishing the Circuit Courts with a copy of the Statute Where the to the circuit and county courts are not united in one person, circuit court to procure copy of SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in cases where the offices of clerk of clerkships the circuit and county courts are not held by one and the same person, it shall be lawful for the clerks of the circuit courts to procure a copy of Littell's Laws for the use of said courts; and each clerk, upon producing to the auditor a certificate from the presiding judge of such circuit court, of his having procured said laws, shall be entitled to an order on the treasurer for a sum not exceeding twentyfive dollars, to be paid out of the public treasury. SEC. 2. Be it further enacted, That the clerks of said courts shall have the care and custody of said laws; and in cases where the offices of circuit and county court clerk are united in one person, such clerk shall produce the acts of assembly, or any other printed book, from the office of the county court, into the circuit court, when the same shall be needed. SEC. 3. Be it further enacted, That it shall be lawful for the county courts, in cases wherein the statute law furnished to, or procured by said court, shall become torn, mutilated or destroyed, to procure an additional copy, and certify the amount thereof to the auditor of public accounts, who shall issue his warrant on the treasurer therefor. 1824. IN FORCE FROM ITS PASSAGE. AN ACT altering the mode of distributing the Acts, Journals and Reports: Approved January 7, 1824.-Session Acts, p. 422. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the public printers be, and they are hereby authorized to print an additional number of Journals, equal Littell's Laws. To be paid for out of the treasury. Provisionwhere the clerkships one person. are united in The courts authorized to procure additional copies, where the forbe mer ones come mutilat ed, torn, &c. Additional number of the journals to be printed. Books or reports to be dis tributed at the time acts and journals are distributed. to all the counties in the state: for which they shall receive the same compensation for each copy as is now allowed by law. SEC. 5. There shall be no books or Reports distributed at any other time except at that at which the Acts and Journals are distributed. 1825. Reports, &c. who shall be en and how many. IN FORCE FROM ITS PASSAGE. AN ACT to provide for the distribution and preservation of the public law books: SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the following persons shall be entitled to titled to them, one copy, each, of the reports of cases decided in the supreme court of this state, which may be hereafter published, and one copy each of the session acts, viz: The judges of the supreme court of this state, the judges of the circuit courts, the judges of the United States courts for the district of Kentucky; the clerks of the supreme court, the general court, the circuit and county courts, and the clerk of the federal court in this state. SEC. 2. Be it further enaced, That the following persons shall, Session acts. by virtue of their respective offices, be entitled to one copy of the session acts, hereafter published, to wit: Members of the general assembly, the auditor, register, treasurer, the attorney general, circuit and county attorneys, escheators, and justices of the peace. Journals. R. entitled to purpose. SEC. 3. Be it further enacted, That the members of the general assembly shall be entitled to one copy of the journals of each house the session in which he may serve; also each of the clerks of the counties in this state. SEC. 4. Be it further enacted, That the clerk of the Senate, Clerks of the for the use of that body, shall be entitled to ten copies of the session Senate and H. acts, and five copies of the journals of each house, annually; also certain books, three copies of each volume of reports hereafter published. The and for what clerk of the House of Representatives shall have, for the use of that body, thirty copies of the session acts, and ten copies of the journals of each house, annually; also six copies of each volume of reSecretary of ports, which may be hereafter published. And the secretary of state, for the use of said office, two copies of the journals of each house, two copies of the session acts, and two copies of each volume of reported cases. State. Certain per sons entitled to acts of Congress SEC. 5. Be it further enacted, That the members of the general assembly, the judges and clerks of each of the state courts, the attorney general, the circuit and county attorneys, and secretary of state, to be kept in his office, shall each be entitled to one copy of the acts of Congress, which may be sent to this state for distribution. SEC. 6. Be it further enacted, That the secretary of state shall, annually, transmit to the executive of each of the states, and also to the secretary of state for the United States, two copies of the session acts. SEC. 7. Be it further enacted, That all persons who may receive any books under the provisions of this act, shall consider the same as public property, and appendages to their respective offices, (except members of the General Assembly,) and upon their death, resignation, or vacating their offices in any manner, shall deliver over the same with the other books and papers therein, to their successor in office. SEC. 8. Be it further enacted, That it shall be the duty of the clerks of courts in this Commonwealth, who have, or may hereafter receive any of the public law books or journals, to keep them in his office for the use of his court, and such others as may wish to refer to them; and if any of said books shall be lost, damaged, soiled or written in, the court shall inflict such fine as may be thought reasonable, not exceeding the value of the book or books so lost, injured, soiled, or written in; and for the purpose of ascertaining whether this provision has been complied with, it shall be the duty of each of the clerks of courts in this Commonwealth, on the first term of their respective courts, in every year, to bring the books of their office into court for inspection, commencing on the first day of June next, upon failure of which, the court shall proceed to fine the said clerk in any sum not exceeding five dollars. To make out list of all the law books he received, and transmit a copy thereof to state. SEC. 9. Be it further enacted, That each of the clerks of courts in this Commonwealth shall, on or before the first day of June next, periodically a and shall likewise on or before the first day of June in every four years thereafter, make out and present to the presiding judge of his has court, a list of all the law books which he has received on the public account, and another of those remaining in his office or possession, the secretary of at the time of making such list; which lists, being duly certified by the clerk and examined by the judge, shall be recorded in the office of said court, and a copy thereof shall be transmitted by the clerk to the secretary of state, to be filed in his office as a voucher; and if any clerk shall fail to produce said books, or any of them, belonging to his said office, and which may at any time have come to his possession, he shall be fined at each court thereafter, any sum, not less than two, nor more than five dollars, for each book which he fails to produce. Provided, however, that if the court are satisfied that it is not in the power of the clerk to supply the loss of any book or books, it shall then be discretionary with the court whether to impose said fine or not. SEC. 10. Be it further enacted, That for the purpose of designating the public property in the reported decisions of the supreme court, it shall be the duty of the public printer to place the follow Penalty for failing to produce books belonging to his office. Proviso. Reports of decisions, how to be designated as public pro perty. secretary of state to let car rying of public books, &c. ing words on the title page, in a conspicuous manner: "Property of the state of Kentucky;" and the binder shall impress on the cover, the same, or words of similar import, before they are delivered to the secretary of state; in addition to which it shall be the duty of each and every officer, who may receive books under the provision of this act, to write in the same the name of the office to which it may belong. SEC. 11. Be it further enacted, That whenever the acts and Duty of the journals of the General Assembly shall be deposited in the secretary's office, it shall be his duty to pack up in a suitable manner, all the books and papers, whether of reports, acts, journals, &c. for each county in this state, with a list of the names of those who are entitled to them, under the provisions of this act; and having given three weeks notice thereof in at least two newspapers printed in Frankfort, shall proceed to let the carrying of the said books in three districts, as nearly equal as may be, to the lowest bidder; taking from each contractor bond, with good security, payable to the Commonwealth, conditioned for the faithful discharge of his duties, within forty days: provided, the whole amount to be paid shall not exceed in any case one thousand dollars. Contractor to give bond. Proviso. SEC. 12. Be it further enacted, That upon the contractors proContractor, ducing to the secretary of state, the receipt of the clerk of each how to be paid, and when. county, containing a complete list of all the books delivered to said contractor, he shall certify the same to the auditor of public accounts, with the amount due thereon, who is hereby directed to issue his warrant upon the treasury for the same. Duty of the clerks of Senate and H. R. SEC. 13. And be it further enacted, That the acts and journals. directed to be deposited with the clerks of counties, shall be free and open for the examination and inspection of each citizen of the Commonwealth. SEC. 14. Be it further enacted, That it shall be the duty of the clerk of each house of the General Assembly for the time being, at the close of each session, to collect all the books belonging to their respective houses, and make out a complete list of the same, and have them carefully boxed up, and to deliver the same to the doorDuty of the keeper of each house respectively, whose duty it shall be carefully to preserve the same, so as to have them forthcoming at the commencement of each succeeding session of the General Assembly. door-keeper. Repealing clause. All acts, or parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed. |