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1854.

grees west, 76 poles, to letter C; thence south 65 degrees west, 16 poles, to letter D; thence south 324 degrees west, 155 60-100 poles, to E, a stone in a line of Dr. Phillip Trapnall's heirs; thence with this line south 65 degrees east, 262 poles, to F, a stone, corner to Nat. Lafon; thence north 1 degree west, 40 poles, to G, a stake; thence north 3 degrees west, 50 80-100 poles, to H, a post of G. Mullen's fence; thence with said fence south 80 degrees west, 30 64100 poles, to I, a corner post in said fence; thence with said fence north 10 degrees west, 89 52-100 poles, to J, a stone fence; thence with said stone fence south 88 degrees west, 11 poles, to K, a stake; thence north 5 degrees west, 4 poles, to L, a stake; thence north 8 degrees east, 42 poles, to M, a red oak tree; thence north 3 degrees west, 40 poles, to the beginning, containing 203 acres 2 roods, more or less, being the same that was conveyed to the United States by Christopher Graham and Theresa M. Graham, by deed bearing date the eighth day of June, 1853; and that the same be, and is hereby, ceded to the United States of America for a site for the military asylum: Provided, nevertheless, that such jurisdiction, so ceded as aforesaid, shall not extend, or be construed to extend, so as to impede or prevent from all taxes. the execution of any process of law, civil or criminal, under the authority of this state, except so far as such process may affect any of the real or personal property of the United States of America within the said tract or parcel of land; and that all the land and tenements within the limits aforesaid shall be and continue forever, hereafter, exonerated and discharged from all taxes, assessments, and other charges which may be laid under the authority of

this state.

Approved February 23, 1854.

Jurisdiction ceded to the United States and exempted

CHAPTER 258.

AN ACT to authorize the payment of the Craddock Fund. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the commissioners of the sinking fund, be and they hereby are authorized to pay the principal of the Craddock fund to the trustees thereof. This act shall take effect immediately on its passage.

Approved February 23, 1854.

Craddock Fund trustees.

to be paid to the

CHAPTER 263.

AN ACT regulating the time of holding the Hopkins County Court of Claims.
Be it enacted by the General Assembly of the Common-
wealth of Kentucky, That hereafter the county court of
Hopkins county shall hold its court of claims in the month to be heid in

Court of claims

May.

1854.

of May, instead of October, as heretofore; and the sheriff of said county shall be required to pay and satisfy county creditors in the manner now prescribed by law, but shall have time to do so until the first day of January, in each and every year. This act shall take effect from its passage. Approved February 24, 1854.

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CHAPTER 267.

AN ACT amending the Code of Practice.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the code of practice in civil actions be amended as herein provided.

That chapter seven of title seven, be amended by adding to the end of section one hundred and sixty nine these words:

"Nor to petitions in actions founded on a note, bond, bill of exchange, mortgage, or other written obligation of the defendant, nor to defenses founded on the written obligation, release, or written acknowledment of the plaintiff, unless the writing on which the action or defense is founded is lost, mutilated, or destroyed."

That chapter eight of title seven, be amended by adding thereto the following sections:

§. Where petitions are filed without verification, as required by section one hundred and sixty eight, the action shall not, on that account, be dismissed, if the verification be made on or before the calling of the action for trial.

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§. No objection shall be taken, after judgment, to any pleading for the want of, or defect in the verification. - Courts may permit the amendments authorized by this chapter to be made without being verified, as prescribed in section one hundred and sixty eight, unless a new and distinct cause of action or defense is thereby introduced.

That in title one, between sections nine and ten, the following section be inserted:

§. If the plaintiff's claim is for money due by contract, and the defendant puts in a defense of exclusively equitable cognizance, upon the plaintiff filing an affidavit that he verily believes that he will succeed in the action, and that the collection of his claim after judgment will be endangered by the delay arising from such defense being put

*The joint resolution directing the publication of the laws of a general nature passed at the last session, excludes the Codes of Practice in civil and criminal proceedings, for the reason, it is supposed, that an act had passed directing their publication in a separate volume, with marginal notes and indexes. (See chap. 440.) But as it is probable that portion of the public printing cannot be executed in time for general circulation before the acts adopting the codes go into effect, it is deemed proper to print them in this volume of the public acts.

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in, the court shall require the defendant to give security tisfy est for the payment of any judgment the plaintiff may obtain in the action, and upon his failure to give such security, shall order the defendant to pay into court an amount sufficient to discharge the plaintiff's claim and his probable costs; upon which order execution may be issued as upon a judgment, and the amount collected upon execution shall be brought into court and await the decision of the action, and be paid to the plaintiff or defendant ac,cording to such decision. But no such security shall be required if the trial of the equitable defense takes place during the term at which it is put in, nor until all defenses to at the action, other than those of equitable cognizance, are tried or disposed of in favor of the plaintiff.

That article four, of chapter three, of title eight, be amendLed by striking out sections three hundred and six and three hundred and seven, and inserting in lieu thereof the following sections:

1. An attachment obtained at the commencement of the action shall be sustained or discharged at the time that judgment is rendered in the action, unless for sufficient cause the court extends the time of deciding upon it. An attachment obtained after the commencement of the action shall not be sustained until the defendant has had the time for controverting it provided in this chapter.

2. If judgment is rendered in favor of the defendant the attachment shall be discharged..

§3. If judgment is rendered in favor of the plaintiff, and no affidavit or answer verified by oath by the defendant filed, denying the statements of the affidavit upon which the attachment was issued, on motion made to discharge it, the court shall sustain the attachment.

§4. Upon an attachment being sustained, the property attached, or its proceeds, or the securities taken upon the attachment, shall, by appropriate orders, be applied in satisfaction of the judgment.

5. The defendant may file his affidavit denying all or any of the material statements of the affidavit on which the attachment is issued; and thereupon the attachment shall be considered as controverted, and the affidavits of the plaintiff and defendant shall be regarded as the pleadings in the attachment, and have no other effect. Where the attachment was obtained at the commencement of the action, the defendant may file his affidavit at such time after the levy of the attachment as is given by this code for filing his defense, after the service of the summons, which period may be extended by the court for sufficient

cause.

6. Either party may take proof by deposition, to be read on the trial of the attachment, or by the permission of the court the witnesses may be orally examined in court. 7. At any time before the attachment is sustained, the

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defendant, upon reasonable notice to the plaintiff or his attorney, may move the court to discharge the attachment, the hearing of which may be postponed by the court, upon sufficient cause, from time to time; and upon the hearing, if the court is of opinion that the attachment was obtained without sufficient cause, or that the grounds of the attachment being controverted are not sustained, the attachment shall be discharged.

§ 8. The order for the discharge of an attachment, made at or after the rendition of judgment in the action, shall be final, and not subject to be reinstated as provided in this article, but shall be the subject of appeal where the amount in controversy is such as to authorize an appeal. The order sustaining the attachment shall also, in like manner, on the rendition of judgment in the action, be subject to appeal.

9. The reinstatement of attachments, as provided in this article, shall only be binding on the inferior court until judgment; and when judgment is rendered in the action the inferior court shall make a disposition of the motion to discharge, which shall, in like manner, be final.

§ 10. The defendant, on reasonable notice to the plaintiff, may, at any time before the term next after the levy of the attachment, move the judge of the court in vacation to discharge the attachment, on the ground of its having been issued contrary to the provisions of article one of this chapter; and the judge, on an inspection of the papers in the action, or of authenticated copies of them, shall have the same power of discharging the attachment by his written order, filed with the clerk, as he would have in court, and shall have like power to permit amendments by the plaintiff.

That chapter four of title fifteen, be amended by adding thereto the following section:

§ 1. Where the party for whose benefit a bond with security has been executed under the provisions of this code, shall believe the bond to be defective, or the sureties to be insufficient, either being so when originally taken, or becoming so afterwards, he shall have the right of making the same motions for remedy thereof, in vacation, to the judge of the court in which the proceeding is pending, or to the presiding judge of the county court of the county in which it is pending, on reasonable notice to the party giving or causing to be executed such bond, that he would have of making in court, and the same orders may be made thereon, with the same right of executing a new and lawful bond with sufficient security, in a reasonable time, to be fixed by the judge. The orders of the judge on such motion shall be written and signed by the judge, and filed in the clerk's office of the court in which the proceeding is pending.

That in title nine, chapter three, article two, the follow

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ing section be inserted after section four hundred and eighteen:

- If only a part of the plaintiff's claim is controverted by the defendant's answer, judgment may at any time be rendered for the part not controverted.

That title two of this code, being repealed by the provisions of the Revised Statutes, shall be stricken out of the code, and the provisions of that title shall only affect causes of action which accrued after the code went into effect, and before the Revised Statutes went into effect.

That title nine be amended by adding thereto the following chapter:

CHAPTER 4.

Revivor of judgments.

§1. An execution may be issued upon a judgment at any time until the collection of it is barred by the statute of limitations, although no execution may have been previously issued within a year and a day.

§2. The death of one or all the plaintiffs shall not prevent an execution being issued thereon, but on such execution the clerk shall indorse the death of such of them as are dead, and if all be dead the names of the personal representatives of the last survivor, if the judgment passed to the personal representatives, or the names of the survivor's heirs, if the judgment was for real property.

3. The sheriff, in acting upon an execution indorsed as provided in the last section, shall proceed as if the surviving plaintiff or plaintiffs, or the personal representatives or heirs, were the only plaintiffs in the execution, and take sale, replevy, and forthcoming bonds accordingly.

4. Before making the indorsements named above, an affidavit shall be filed with the clerk by one of the plaintiffs, or personal representatives, or heirs, or their attorney, of the death, and that the persons named as such are the personal representatives or heirs, and in the case of personal representatives, they shall file with the clerk a certificate of their qualification in some county court of

this state.

5. The death of part only of the defendants shall not prevent execution being issued, which however shall operate alone on the survivors and their property.

6. The defendant may move the court to quash an execution on the ground that the personal representatives or heirs of a deceased plaintiff are not properly stated in the indorsement on the execution, and during the vacation of the court may obtain an injunction, upon its being made to appear that the persons named are not entitled to the judgment on which the execution was issued.

§7. A judgment may be revived against the personal representatives, heirs and devisees, or either of them, of a

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