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CHAP. 100.-AN ACT to change the time of holding the Pendleton circuit court,

and for other purposes.

1837.

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act entitled, an act to establish the December chancery term of the Pendleton circuit court, approved, February 28, 1835, be, and the same is hereby repealed.

SEC. 2. Be it further enacted, That the circuit court for the county of Pendleton, shall hereafter commence on the second Monday in April, July and October in each year, and shall sit twelve juridical days, if the business before said court require it; and all recognizances, and process of every description which have been, or may be issued, returnable to the next term of the Pendleton circuit court as now provided by law to be held, or to any other day thereof, shall be considered as returnable to the second Monday in April next.

Approved, January 19, 1837.

CHAP. 101.--AN ACT authorizing suit by petition against the drawers, en

dorsers and accepters of Bills of Exchange. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for the holder of any

Petition pay protested bill of exchange to fill up the assignment, and file a be filed on bills joint or several petition, in any circuit court having jurisdic- of exchange. tion, against the drawers, endorsers and accepters, or a joint petition against any two or more of the drawers and accepters, if the bill be accepted, in substance as follows, to-wit: Circuit Sct. The plaintiff, A B, states that he is the holder of a bill of exchange on the defendants, C D, as drawers, E F,

Form of peas endorsers, and G H, as accepters; or on the defendant, tition, CD, as drawer, or on the defendant, E F, as endorser, or the defendant G H, accepter, in substance as follows, to. wit: (Here insert the bill of exchange verbatim, and the acceptance gif it be accepted;) on which bill are the following endorsements: (here insert the endorsement:) by which the plaintiff hath become the proprietor, of which the defendants have had notice; as also, due notice of the protest, and non-acceptance, or non-payment of the bill, (as the case may be;) yet the amount thereof remains unpaid: wherefore, the plaintiff prays judgment for the amount due on the bill, and damages for the detention of the same, together with his costs: Provided, That if the holder of any bill desire to excuse him- Proviso. self from giving notice of the non-payment thereof, by 'reason of the bills having been drawn without authority, or funds, he may allege at the bottom of the petition, in substance; an averment as followe, to-wit: the plaintiff avers that A B, the drawer of the above bill of exchange, drew said bill without authority, and without funds; and such an averment shall authorize the proof on the part of the plaintiff: And provided further, Proviso.

1837. That if the person on whom any bill of exchange is drawn,

cannot be found at the place where the bill is directed, it shall be lawful for the plaintiff, under the allegation of protest for non acceptance, to give all the requisite proof to charge the parties.

Soc. 2. That it shall be lawful for any bank incorporated by Petition may this Commonwealth, who shall hold a promissory note, negobe filed on negotiable notes. tiable and payable at any incorporated bank, and discounted

by the bank holding the same, or for any endorser who shall, have taken up any such discounted note, to fill up the assessment to the holder, and file a joint or several petition in any circuit court having jurisdiction against the drawers and previ. ous endorsers, or a joint petition against any two or more of the drawers and endorsers, in substance as follows, to-wit: the

plaintiff, A B, states that he holds a promissory negotiable note, Form of pe- discounted at the bank of, [here insert the name of the bank,] tition.

which thereby became a foreign bill of exchange on the defendant CD, as drawers, and EF, as endorsers, or on CD, as drawer, or E F, as endorser, (as the case may be,) in substance as follows, to-wit: [here insert the note;] on which note are the following endursements: [here insert the endorsements;] by which the plaintiff hath become the proprietor, of which the defendants have had notice, as also due notice of the protest of said note for non-payment, yet the said note remains unpaid: wherefore, the plaintiff prays judgment for the amount thereof, with damages for the detention, together with his costs:

Provided, i the suit is not in the name of the bank discounting Proviso. the note, but by an endorser who has taken up the same, it

shall be lawful for the endorser suing on the note, to aver at the bottom of the petition, that he took up the note from the bank, discounting the same as endorser, in substance as follows: the plaintiff avers that he, as endorser, took up the above note from the bank of ---, which discounted the same.

Sec. 3. That on filing such a petition, as provided for in eiProcess to is- ther of the foregoing sections, the clerk shall issue a writ, as in

other cases of petition and summons, against the defendants; and all such petitions shall be set for trial on the third day of the succeeding term; and op service of the writ, ten days before the third day of the term, all such causes shall stand for

trial at that term; and when the writ shall be returned, not Suit may be found, or no inhabitant, as to any of the defendants, the suit abated as to de- may be abated as to those not served, without prejudice to an

not other suit, and the suit may proceed as to those served with process

, or dis- process; and a failure to sustain the case against all the persons missed as to sued, shall not prevent the plaintiffs having judgment against part of the de- tho e as to whom the proof is sufficient; and the plaintiff shall fendants.

have the right-to dismiss the cause as to one or more defendants, without prejudice to another suit, and proceedings against the other defendants.

SEC. 4. That on rendering judgment on any petition on a bill of exchange, as provided in this act, the judgment shall be for

sue.

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fendants served

The judg

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Protest.

the amount due on the bill, with six per centum per annum

1837. from the time said bill should have been paid, until paid, and costs; and in taxing the costs, the costs of the protest shall be included; and there shall be no necessity for a jury, unless the pleadings of the parties make a jury necessary.

Sec. 5. That a protest made by a notary public of any of the United States, on the presentment of any bill of exchange drawn on any person or persons, or incorporated company, to be paid out of this State, shall be evidence of the fact of such presentment and non-acceptance, or the fact that the person on whom the bill was drawn could not be found; and the non-acceptance, or non-payment thereof, if it shall appear in said protest, solemly made under his notarial seal, that the same was duly protested, and payınent or acceptance, as the case may be, was not made; but any person against whom it shall be read, shall be at liberty to disprove the same. Sec. 6. That the provisions of the first section of this act

Suits by peshall be extended, so as to authorize suits by petition on domes. tition authoritic bills, or common orders and checks against the drawers, en- tic bills, &c. dorsers and accepters, in all respects, as authorized in cases of protested bills, except that the petition need not allege a protest and notice thereof, unless the protest and notice shall have been made; nor shall the statement of protest and notice in the petition make it necessary to prove such protest and notice, when the law does not make it necessary to charge the defendants. SEC. 7. That the plea of nil delit may be pleaded to all

may plead nil suits by petition under this act, and shall be sufficient to put delit. the whole facts in issue, and the plaintiff may make any aver

Plaintiff may ments at the bottom of the petition, which he shall deem necessary to sustain his case,

petition. Sec. 8. That the suit by petition under this act, may be brought against the executors or administrator, and against the tition may be heirs and devisees of any drawer, endorser or accepter, either brought by and jointly or severally, as the plaintiff shall elect, or may be tors, &c. brought by any executor or administrator, as the case may bę.

Approved, January 19, 1837.

Defendants

make averment at the bottom of

Suits by pe

CHAP. 102.--AN ACT allowing an additional Justice and Constable to the

counties of Floyd, Pike, Calloway and Lawrence.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That one additional Justice of the Peace, and Constable, be allowed to the counties of Floyd, Pike, Lawrence and Calloway, each; and that the county courts of said counties-are hereby authorized to recommend to the Executive of this Commonwealth, suitable persons to fill said offices of Justice of the Peace, having due regard to the neighborhoods most needing said officers.

Approved, January 19, 1837.

1837.

Chap. 103.--AN ACT for the benefit of Mary Fitzpatrick, and her children.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be lawful for Mary Fitzpatrick, widow of George B. Fitzpatrick, dec'd, to file a bill in chancery, in the Pulaski circuit court, against the children and heirs of the said George B. Fitzpatrick, and allege that the said Fitzpatrick died seized of certain lands in the county of Pulaski, and that it would be to the advantage of the widow and heirs to sell said land, and invest the proceeds in other lands in the State of Tennessee; and it shall be lawful for said court, if it shall appear to be advantageous to said heirs, to decree a sale of said lands, by a commissioner appointed by the court, declaring in the decree, the minimum price, on credil, at which said lands shall be sold, and cause a lien to be retained for the purchase money,

and cause the same to be invested in lands in the State of Tennessee, by the commissioner or some other person, one third thereof for the use of the widow during life, and the fee simple in the whole, in the name.of the heirs; and shall require bond and security from the person appointed to invest the same, for the faithful discharge of the duty, and cause him to make a return to court of the investure, with a certified copy of the deed of conveyance.

Approved, January 19, 1837.

CHAP, 104.-AN ACT to establish an additional Election Precinct in the coun

ty of Campbell, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an additional election precinct is hereby established in the county of Campbell, in the town of Beallmont, in the county aforesaid, at the house of A. Hutchenson, in said town.

Sec. 2. Be it further enacted, That the election precinct heretofore held at the house of Richard Danville, in Hopkins county, shall hereafter be held at the house of Pryer Crowley, in said county.

Approved, January 19, 1837.

Precinct in Hopkins.

CHAP. 105.--AN ACT for the benefit of Lucy C. Read.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Lucy C. Read be released from all the pains and penalties, prescribed by the laws of this State, for marrying a second time.

Approved, January 19, 1837.

1837.

CHAP. 106.--AN ACT to change the name of Anna N. Wille. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the name of Anna Newark Wills, a female child, in care of of Robert Story, of the city of Louisville, who desires to adopt her as his own, shall be, and the same is hereby changed to Mary Ann Story; by which name she shall be hereafter known and called.

Approved, January 19, 1837.

CHAP. 107.--AN ACT for the benefit of Martin Fugate and John P. Gaines.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for Martin Fugate, at the next February term of the Pendleton county court, to enter into his official bonds, and qualify, as Sheriff of said county, under his commission, or to summon the Justices to meet at the court house for that purpose, at such time as he may appoint.

SEC. 2. Be it further enacted, That it shall and may be lawful for John P. Gaines, of the county of Boone, to execute his official bonds, as Sheriff of said county, at the next February or March term of the Boone county court.

Approved, January 19, 1837.

CHAP. 108.-AN ACT for the benefit of John G. Meaux.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That John G. Meaux be, and he is hereby divorced Divorced from

his wife. from his wife, Jane Meaux, and restored to all the rights and privileges of an unmarried man.

Approved, January 19, 1837,

CHAP, 109.-AN ACT to amend an act, entitled, an act to regulate the town of

Falmouth.

Sec. 1. Be it enacted by the General Assembly of the Com

Part of the monwealth of Kentucky, That so much of the act, entitled, an act of 1836, react, approved, February 29, 1836, to regulate the town of Fal- pealed. mouth, which requires the citizens of the town to elect six Trustees on the first Saturday.in each year, be, and the same is hereby repealed.

Sec. 2. Be it further enacted, That it shall be lawful for the qualified voters in said town, to meet at the court house there- tees to be elecof, on the first Saturday in February next, and on the same day ted. in each succeeding year thereafter, and elect the number of Trustees required by the act to (which this is an amendment.

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