1851. Such offense -further punish ment. § 2. Persons guilty of either of the offenses set forth in this act, after they have served their time of confinement delared a felony in the penitentiary, or after they may have been pardoned, who fail to leave, but remain in this state for a period of thirty days, shall be deemed guilty of felony, and, upon conviction, be confined in the penitentiary for a period of not less than five nor more than ten years, for each offense. 3. Persons guilty of offenses denounced in this act How to be tried. shall be apprehended and tried, as is provided for in other cases of felony. Approved March 24, 1851. Duties of 1st to be performed public accounts. and 2d auditor by the auditor Auditor's salary Clerk hire. into effect. CHAPTER 670. AN ACT organizing the Department of the Auditor of Public Accounts, and fixing the salaries of the officers of said department. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That any law establishing the office of second auditor is hereby repealed, and all the duties now required to be performed by the first and second auditors shall be performed and discharged by the auditor of public accounts to be elected in August next, under the provisions of the constitution, and subject to the responsibilities, in like cases, applicable to the first and second auditors, respectively, as now prescribed by law. §2. That the auditor elected under the provisions of the constitution be allowed a salary of two thousand dollars per annum, to be paid quarterly, and that said auditor be allowed two thousand eight hundred dollars per annum for clerk hire. § 3. This act shall go into effect as soon as the auditor of When act to go public accounts, to be elected in August next, shall have qualified and entered upon the discharge of his official duties as such but before the auditor shall enter upon the To execute bond duties of his office, as prescribed by this act, he shall execute bond to the commonwealth of Kentucky, in the penalty of seventy-five thousand dollars, with good security, approved by the governor, and conditioned for the faithful discharge of said duties. Approved March 24, 1851. CHAPTER 671. AN ACT to abolish the General Court, and transfer its powers and jurisdiction to the Franklin Circuit Court. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the general court is hereby abolished. 1851. Duty of clerk § 2. The clerk of the general court shall, within twenty days after the passage of this act, deliver to the clerk of the Franklin county court, all the books containing records of of general court. deeds and other conveyances and original deeds which may be in the office of the general court. And the clerk of the general court shall, at the same time, deliver to the clerk of the Franklin circuit court, all the books, papers, records, and things belonging to his office-excepting those herein directed to be delivered to the clerk of the Franklin county court. § 3. The Franklin circuit court shall have the same power to hear and determine all cases now pending in the general court and enforce all judgments and decrees heretofore rendered by it, as the general court would have had if this act had not been passed. And copies of records and other papers of the general court transferred to the Franklin circuit court, may be made by the clerk of the latter court, and, when certified by him, shall have the same effect in all courts of justice and elsewhere that they would have had if certified by the clerk of the general court. § 4. The clerk of the Franklin county court may make and certify copies of any deeds or other writings transferred from the general court to the Franklin county court, and such copies shall have the same force and effect as if made from the proper records of said county court. § 5. All writs and other process that have been issued returnable to the next term of the general court, shall be returned to the Franklin circuit court; and the Franklin circuit court shall have the same power to enforce them as the general court would have had if this act had not been passed. § 6. The office of sergeant of the general court is hereby abolished. Franklin cir crit court to denow pending be terinine all cases fole gen. court. Clerk of Frankin county court of deeds deliv ered him. Writs now pending returu. circuit court. able to Franklin general Powers of court to Franklin circuit court. §7. The jurisdiction and powers heretofore vested in the general court to hear and determine any suit, action, or transferred motion, in the name of the commonwealth, are hereby vested in the Franklin circuit court, with full power to hear and determine all cases now pending on the docket of the general court, or which may hereafter be instituted in the Franklin circuit court. And hereafter, it shall be the duty of the attorney general to institute all motions, suits, and actions ney general. for the recovery of money or property, claimed by the commonwealth, in the Franklin circuit court. § 8. Process in suits or motions in the name of the commonwealth, instituted in the Franklin circuit court, shall be directed to the sheriff of the proper county, and by him executed and returned. Duty of attor. How process to be served. Special terms of Franklin cir cuit court to be § 9. The judge of the Franklin circuit court shall hold a special term the last Monday of January of each year, to hear and determine all suits and motions which may be held. brought or made against defaulting public officers, and ren 1851. lations. der judgments thereon in the same manner as heretofore done by the general court. No business shall be transacted at the special term except in civil cases in which the commonwealth is a party or interested, and said term may continue six days if the business requires it. § 10. Hereafter motions against defaulting public officers Further regu may be made the first day of the special term; but if from any cause they are not made on that day, they may be made the second or third day of said term. Nothing herein shall be construed to prevent the commonwealth from instituting suits in said court at any other term thereof. Approved March 24, 1851. Governor to for not longer than five years. borrow $50.000, issued. CHAPTER 672. AN ACT to provide means to meet the casual deficit in the Treasury. Whereas, it appears that on account of the appropriation of $35,000 to pay the liabilities contracted by the commissioners of the second lunatic asylum, and the unusual length of the present session of the general assembly, there will be a casual deficit in the treasury to meet the current expenses of the present fiscal year of between $45,000 and $50,000. Therefore, § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the governor be and he is hereby directed, in the name and for and on behalf of the state of Kentucky, to borrow of any of the banks of the state of Kentucky, or of any individuals or corporations, such sum or sums as may be actually necessary to meet the charges upon the treasury, not exceeding, in the aggregate, the sum of fifty thousand dollars, at a rate of interest not exceeding six per cent. per annum; which interest shall be payable semi-annually out of the treasury, and for a period of time not exceeding five years, and subject to be paid off and discharged at any time the condition of the treasury may justify such payment: which sum or sums of money, when so borrowed, shall be audited by the second auditor, and paid into the treasury for the purpose of meeting the deficit aforesaid. § 2. That with a view to enable the governor to effect Bonds to be such loan, he is hereby vested with full power and authority to issue the bond or bonds of the state in such form and manner as will meet the terms upon which such loan is directed to be made, as expressed in this act. § 3. That for the purpose of paying off and finally discharging the debt of the state created under the provisions of this act, the governor be authorised, and it is hereby made his duty, at any time when the condition of the treasury will justify the same, to issue an order upon the auditor directing him to draw his warrant upon the treasury in behalf of any person or persons, corporation or corporations holding the said bonds, or any portion thereof: Provided, that the bonds of the state so held, shall, upon such payment, be surrendered to the treasurer for the amount paid, and by him burned in the presence of the governor and auditor; and the statement of the amount and date of such burning shall be entered upon the records of said treasury office, signed by the governor, auditor, and treasurer: Provided, if the governor cannot effect the loan provided for by this act, he shall be authorized to allow to sheriffs at the rate of six per centum per annum for any revenue advanced by them, from the time of advancement until the regular time of payment. Approved March 24, 1851. 1851. CHAPTER 674. AN ACT concerning the books and records of Justices of the Peace. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of each justice of the peace in the several counties in this commonwealth, who may be in commission in May, 1851, when justices of the peace shall be elected, on or before the second Monday in June thereafter, to deliver to the clerk of the county court of their counties, respectively, all record' books, papers, and law books-to-wit: the digests of the statute laws, and the session acts-which may be in their possession by virtue of their office; and after that time, all justi ces of the peace, when their term of office shall expire, shall, in like manner, deliver all such books, papers, and records, to the clerk of the county court of their counties, respectively, within ten days after their term of office shall expire: Provided, that if any justice of the peace shall be re-elected, he shall retain his said books, papers, and records. § 2. If any person shall depart this life, whilst he holds the office of justice of the peace, or before he shall have delivered his books, papers, and records, to the clerk of the county court of his county, as required by the preceding section, it shall be the duty of his executor or administrator, in like manner, to deliver said books, papers, and records, within thirty days after his qualification as such. § 3. If any person shall fail to comply with the preceding sections of this act, it shall be the duty of the county court to enter a rule against such delinquent, requiring him to appear at such term as said court shall think proper, and show cause why he shall not be compelled to deliver such books, papers, and records; and upon the return of such order executed, the court shall examine into the case, and compel said delinquent to deliver the same to the clerk of 1851. said court, by process of attachment and imprisonment, until he shall comply with the provisions of this act; and if it shall appear, upon the hearing of any such cause, that such delinquent failed without sufficient excuse to deliver said books, papers, and records, the said court shall render judgment against him for any sum not less than five nor more than ten dollars, and the costs of said proceeding; and there shall, in every such judgment, be taxed an attorney's fee of five dollars, as part of the costs for the county attorney, if he shall attend to said cause. It is hereby Duty of coun made the duty of the several county attorneys to see that the provisions of this act are complied with, and to institute proceedings against all such as shall fail to comply with its provisions. All fines collected under this act shall be paid into the hands of the sheriff, and go to the reduction of the county levy. ty attorney. Duty of presiding judge, when records are delivered. deliver to successors official records, &c. § 4. When said books, papers, and records, shall have been delivered to the clerk, the county court, or the judge thereof in vacation, shall have full power to order the same, or any part thereof, to be by said clerk delivered to such other justice or justices of the peace as he may deem proper; and when said papers and records shall have been delivered to any justice of the peace, in pursuance of any such order, they shall be, to all intents and purposes, deemed and held as his official papers and records, and he shall have the same power to certify copies thereof, to adjudicate upon any undetermined cause pending thereon, and to issue any process thereon, that the justice of the peace by whom they were delivered over would have had if he had continued the legal custodian thereof: Provided, that if the judge shall make an order for the delivery of such books, papers, and records, in vacation, it shall be in writing, signed by the judge, directed to the clerk, and by him be recorded in the order book of said court as a part of the proceedings of the next term; and the original shall be filed in his office: And provided, also, that in all cases, upon delivering any books, papers, or records, to any justice of the peace, the clerk shall take from such justice a receipt therefor, and file it in his office. § 5. That it shall be the duty of all the other officers of All officers to this commonwealth, whose successor is to be elected in May next, to surrender to their said successors, when they shall have been duly qualified as required by law, all law books, record books, papers, and other documents belong. ing to said office. Presiding judge to have certain law books. 6. That when the law books held by justices of the pcace are surrendered, if it shall appear there is not enough in any county to furnish the judge of the county court with a copy of the statutes and session acts from the year 1842-3, inclusive, it shall be the duty of said court to have an entry of the fact made on the record book, and upon production |