CHAPTER 59.

AN ACT to amend section sixty-five, Title five, Civil Codes of practice of Kentucky.

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

sec 65, Title 5,

That section sixty five (65) Title five (5) of the Civil Code of Practice, be and the same is hereby Amendment to amended, by inserting after the word "Deceased per- Civil Code. son" in the second line, a person assigned for the benefit of creditors or any estate in the hands of a receiver of court, and by inserting after the words "personal representative" in the third (3rd) line, the words "assignor or receiver," and by inserting after the word "Qualified" the words "and for the purpose of a settlement of any such Estates, such per-, sonal representative, assignee or receiver, shall have the same power to sue as have the deceased person, the assignor or the owner of the estate in the hands of such receiver, but any action brought, by such personal representative, assignee or receiver for the recovery of, or for a sale under a mortgage or other lien, or a charge upon or injury to real estate or an estate or interest therein must be brought in the county in which such real estate or some part thereof is situated, and not elsewhere," and when sɔ amended said section shall read as follows: "An Action to settle the Estate of a deceased person, of a person, Corporation or Company assigned for the benefit of creditors of any Estate in the hands of a receiver of Court must be brought in the County in amended, which such personal Representative, assignee or receiver qualified, and for the purpose of a settlement of such Estates, such personal Representative, assignee or receiver, shall have the same power to sue

Section as

as had the deceased person, the assignor, or owner of the Estate in such receiver's hands, but any action brought by such personal representative, assignee or receiver, for the recovery of or sale of under a mortgage, deed of trust or other lien, or charges upon, or injury to real estate or an estate or interest therein, must be brought in the county in which such real Estate is situated, and not elsewhere, and that in any suit heretofore brought and which is now pending in any county in this State, for the settlement of the Estate of a deceased person, or of a person, corporation or company assigned for the benefit of Creditors, and in which the enforcement of mortgaged liens, or other liens, upon real estate, or for the recovery of real Estate or an interest therein, the Judge of said Court in which such action is pending, shall by proper orders transfer, for hearing and trial, that part of the record necessary for the enforcement of such liens or the recovery of such real Estate to the circuit court of the county in which such land or a part thereof is situated, and such shall be docketed and stand for trial in the court to which same is transferred under this act, as other causes of like nature, as if originally brought in such Court." All laws and parts of laws in conflict with this act are hereby repealed. Whereas certain buildclause. ing and loan Associations, have recently assigned for the benefit of their creditors, having mortgages and other liens upon real property in different counties in this State, and whereas a great number of suits are now pending in the Circuit Courts of Jefferson County this State, wherein mortgages on lands in different counties in this state, are sought to be enforced, which will result in great inconvenience and

Repealing an

emergency

expense to mortgagors and interested parties, to at tend trials of such causes in Jefferson County, Therefore an emergency exists and this act shall take effect from and after its passage.

Received by the Governor March 11, 1898, at 12 M.

Became a law at the expiration of ten days, without the approval of the Governor.

CHAPTER 60.

AN ACT to amend an act to appropriate money to erect monum. ents at Chickamauga and Chattanooga Park, Chapter twenty four laws of Kentucky approved March seventeenth, eighteen hundred and ninety-six.

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

That the word "each" in the third line of section one, after the word monument and before the word "to," be stricken out. As amended the section will read:

§ 1. That ten thousand dollars be, and is hereby, appropriated for the purpose of erecting one monument to the Kentucky Infantry, Cavalry, and Artillery (Union and Confederate) engaged in said battle; and for the further purpose of placing inexpensive markers on said field to denote the position of regiments and brigades.

Received by the Governor March 12, 1898.

Became a law at the expiration of ten days. without the approval of the Governor.

Sec. 30. Chap.

3.

K. S., Sec. 1050,

464.

CHAPTER 61.

AN ACT to amend An Act approved June tenth, eighteen hundred and ninety-three entitled "An Act relating to Courts of Justice.

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

Amendment of That section thirty, Article three of an Act, en221, Acts 1891-2-titled "An Act relating to Courts of Justice," approved June tenth, eighteen hundred and ninetyChap. 35, Page three, be, and the same is hereby, amended, Said Section reads as follows, to-wit: The Quarterly Court shall be presided over by the County Judge and there shall be held in each county four terms of the Quarterly Court each year, at intervals of three months, and upon such days as the County Judge may, by an order, entered on the quarterly court Order Book, fix, and the terms, when so fixed, shall not be changed, except at the last regular term held in the year next preceding the year in which the change is to be made; and until changed as herein provided, the terms of the Courts shali remain as now established; at each term, the Court shall remain in session as long as the business requires it." Said Section when amended shall read as follows, towit: The Quarterly Court shall be presided over by county judge, and there shall be held in each county at least four terms of the quarterly court each year, at intervals of three months and upon such days as the County Judge may fix, by an order entered upon the order book of said Court: but the County judge may by an order so entered provide for the holding of monthly terms, or for continuous sessions of his said Court, but such order must be made at a regular term of said Court and not to take effect until sixty

Section as amended.

days thereafter.

The terms of the Court shall remain as now established until changed as herein provided. At each term the Court shall remain in session as long as the business requires it.

Received by the Governor March 12, 1898.

Became a law at the expiration of ten days, without the approval of the Governor.

CHAPTER 62.

AN ACT to repeal in part an act entitled "An act to amend the charter of the Twelve Mile Turnpike Company, Approved March, first, eighteen hundred and fifty-four which was approved January twenty-second, eighteen hundred and sixtyseven and is chapter one thousand and sixty-nine of the session acts of eighteen hundred and sixty-seven.

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

§ 1. That so much of an act entitled "An act to amend the charter of the Twelve Mile Turnpike Company approved, Marcb first, eighteen hundred and fifty-four which was approved January, twenty second, eighteen hundred and sixty-seven and is chapter one thousand and sixty-nine of the session acts of eighteen hundred and sixty-seven as allows said company to charge more than half gate fares or fees to persons crossing the Four Mile Creek Bridge on said road be and the same is hereby repealed.

Received by the Governor March 15, 1898.

Became a law at the expiration of ten days, without the approval of the Governor.