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Revenue Proper.

itor's Report, which leaves a surplus of $61,671 72 in said
fund; therefore,

Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

1. That the Commissioners of the Sinking Fund be, and Sinking Fund they are hereby, authorized to direct the Auditor of Public surplus to be transferred to the Accounts to transfer to the Revenue Proper the said surplus and any other surplus that may arise, from time to time, from the resources of the Sinking Fund over and above what may be needed to pay the interest upon the said bonded indebtedness, and upon the school debt, which is a permanent and irredeemable loan.

§ 2. This act to be in force from its passage.

Approved April 8, 1880.

General States,

chapter 29. arti

cle 17, section 10,

page 344-Sunday Jiw.

CHAPTER 893.

AN ACT to amend section 10, article 17, chapter 29, of the General Stat-
utes, title "Crimes and Punishments."

Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That section 10, article 17, chapter 29, of the General Statutes, be so amended as to prohibit the sale of spirituous, vinous, or malt liquors by saloon-keepers, coffee-house keepers, or other dealers in the same, from selling, giving away, or loaning any of said liquors to any person or persons on Sunday.

2. Any one violating the provisions of this act shall be Penalty for vio- fined, for each offense, in a sum not less than twenty dollars lating. ($20) nor more than fifty dollars, at the discretion of the jury trying the case.

§3. This act shall only apply to the counties of Knox and Whitley and Pulaski.

4. This act shall take effect from and after its passage.

Approved April 8, 1889.

1

CHAPTER 910.

AN ACT to regulate change of venue in civil actions.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That in all civil actions in any of the circuit courts, chancery courts, or courts of common pleas of this Commonwealth, where a change of venue may be applied for by either party, it shall be lawful for any other party to the action to oppose such application, and to file affidavits controverting the grounds relied upon for the change of venue; and the court shall consider the affidavits filed, and may, in its discretion, require further proof, and being satisfied in the premises, shall sustain or refuse the application for change of venue. The action of the court in granting or refusing such change of venue shall be final, and without appeal.

§ 2. This act shall take effect from and after its passage. Approved April 9, 1880.

Venue in civil actions regulated

CHAPTER 939.

AN ACT to amend an act, entitled "An act to amend and reduce into one the several acts organizing and regulating the lunatic asylums of this State," approved March 20, 1876.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That section 21 of an act, entitled "An act to amend and reduce into one the several acts organizing and regulating the lunatic asylums of this State," approved March 20, 1876, be amended by adding after the word "each," in the seventh line, the words, "and the amount of any unexpended balance of the State appropriations over and above the debts and liabilities then existing against said asylum, remaining in the hands of the treasurer." And that the same be further amended by striking out the words "two hundred dollars," in the ninth line thereof, and inserting in lieu of them the words "one hundred and sixty-five dollars;" and by striking out the words "two hundred," in the twelfth line, and inserting the words "one hundred and sixty-five dollars" in lieu of them; and that said sections be further amended by adding at its conclusions the following words, to wit: "The Auditor shall estimate any unexpended balance reported by

Lunatic asylums amended.

-former acts

and steward fur

nished quarters,

&c.

the chairman of the board of managers and the superintendent of any one of the asylums as a part of its next quarterly allowance, and draw his warrant only for a sum sufficient, with said balance, to make complete the sum alSuperintendent lowel by law for each quarter. That, in addition to the pay now allowed the officers of said asylum, each superintendent and steward shall be entitled to comfortable furnished quarters for themselves and their families, at or convenient to their respective asylums, and the assistant physicians and matrons each with a comfortable furnished room; and the said officers shall be entitled to take their meals in the institutions at the expense of the State; no commutation, however, shall be allowed in lieu of said meals and quarters, nor shall said officers be entitled to or receive, directly or indirectly, any other or further perquisites or compensation for their services; and any officer, employe, or other person connected with any of said asylums, who shall use or authorize the use of any money or other thing of value for private purposes, not authorized by law, shall be amenable to the punishments now provided for such offenses, and, in addition thereto, shall be reported by any person cognizant of the fact to the Governor, who shall remove, or cause to be removed, from the employment of the State, any person willfully guilty

Penalty for pri

vate use of mon

ev or property of

institution.

to examine claims

and report irreg

ularity and fraud.

of said offense.

2. The superintendents shall examine all claims and acSuperintendents counts against their respective asylums, and report any fact or circumstance indicating any irregularity, fraud, or wrong to the board of commissioners; and if they have any doubt of the justice or legality of a claim, they may require both the superintendent and the steward to indorse their opinions, in writing, on the back thereof; and it shall be the duty of said officers to indorse any claim when required by the board to do so, and not otherwise; and the board of commissioners shall not direct any claim, or part thereof, to be paid until they are satisfied, from such investigation as may be neces sary, that the same is just, legal, and right.

§3. This act shall take effect and be in force from and after April 1, 1880; and all acts and parts of acts are modified or repealed in so far as they are in conflict with this act.

Approved April 9, 1880.

CHAPTER 940.

AN ACT donating the Sine Pendulum to the Agricultural and Mechanical
College of the State.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the scientific instrument, known as the Sine Pendulum, and which belongs to the State of Kentucky, be, and the same is hereby, donated to the Agricultural and Mechanical College of Kentucky, for its use and benefit; and the Secretary of State is directed to deliver said instrument to the President of said Agricultural and Mechanical College, who shall cause it to be kept securely, and it shall be subject to inspection by any citizen of this Commonwealth.

§ 2. This act to take effect from and after its passage. Approved April 9, 1880.

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CHAPTER 941.

AN ACT to regulate the fees and salaries of certain public officers. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That no clerk of a circuit court, clerk of a criminal court, clerk of a court of common pleas, clerk of a chancery court, clerk of a county court, judge of a county court, county attorney, commissioner of a court, jailer of a county, or marshal of the Louisville chancery court, shall receive, either directly or indirectly, from the salary, fees, emoluments, or perquisities of his office, a sum greater than at the rate of three thousand dollars per annum. Where any one of the officers aboved named shall hold two or more of the offices referred to, he shall be entitled only to the sum above named, the same as if he held but one office.

§ 2. That each officer enumerated in the first section of this act shall, on the first Mondays in January of each year, make under oath a true statement of all the salaries, fees, emoluments, and perquisites received by him for services as such officer for the previous year, giving the same in detail; and also a true statement of any and all salaries actually paid to any deputy or deputies or assistant, and any and all other expenses incident to said office. The said statement shall be

Salaries of clerks,

county judge, county attorney,

commissioner,

jailer, and mar

shal of Louisville

chancery court

regulated.

To report fees deputies.

and salary of

of $3,000 to trustee of jury fund.

filed by each of said officers with the clerk of the county

Shall pay excess court of the county in which such officer acts; and shall pay to the trustee of the jury fund of the county in which such officer acts, any and all balance in his hands in excess of the sum of three thousand dollars, which amount, and no more, such officer may retain as bis compensation for the year embraced in his report. The price of thirty cents per day shall be allowed as a credit for keeping each prisoner; the amount in excess of this now allowed by law shall be charged as a part of the jailer's fees.

§3. That before any officer enumerated in the first section of this act shall be allowed to employ a deputy or deputies or assistant, he shall present to the judge of the circuit court, if a clerk of a circuit court, or to the judge of a county court, if a clerk of a county court, or to the judge of the court of common pleas or chancery court, if a clerk of such court, or if a commissioner, to the court or judge by whom he was appointed, or to the judge of the county court, if a jailer, if a marshal, to the chancellor of the Louisville chancery court, Affidavit before his affidavit showing the necessity for such deputies or assistants, and the number required, and the salary of each; and thereupon the judge, upon being satisfied of the necessity for such deputies or assistants, shall, by an order indorsed thereon, authorize such officer to employ such deputies or assistants, and shall specify the number and the salary to be paid to each, which affidavit shall be filed by the clerk in his office, and the order of the judge entered upon the order-book of the court; no credit shall be allowed to any officer for any salary paid to any deputy or assistant, unless the appointment has been made as herein provided.

deputies are ap

pointed.

$1,200.

§ 4. That no deputy or assistant provided for by this act Salary of deputy shall be allowed a salary greater than at the rate of twelve hundred dollars per annum; but nothing herein contained shall prohibit any officer from appointing and employing as many deputies as he may desire; but no credit shall be allowed such officer for any money paid out to any deputy or assistant, unless the appointment be made in the manner herein provided: Provided, however, That the chief deputy or assistant of the commissioner of the Louisville chancery court shall be allowed a salary of two thousand dollars per annum: Provided, That the clerks of the Louisville chancery court

Provided, &c.

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