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Commission

ers' report to lie over for one term for excep

tions to be filed. If no excep

the court upon an examination

SEC. 4. Be it further enacted, That the said report shall lie over for at least one term of the county court, for exceptions to be filed against it by any person interested in said estate, or by the executor, administrator or guardian, and if no exception shall be taken to said report, the court, if upon examination of the same, shall approve the tions are taken, settlement and report, or if upon hearing exceptions to the same, the court shall overrule them, said report shall be ordered to record, and be deemed prima facie evidence of the truth of the facts stated. Should said report and settlement, in whole or in pårt be rejected by the court, they may proceed to correct the errors in open court, or remand the same to the commissioners of accounts for further pro-them, they shall ceedings, who shall proceed to the settlement of the same, upon the principles settled by the county court, and return the same to the next term, or so soon thereafter as may be practicable.

SEC. 5. Be it further enacted, That in all cases where an heir, distributee, or devisee, or ward, shall apply for a settlement of the accounts of an executor, administrator or guardian, it shall be the duty of said commissioner to issue summons against said executor, administrator or guardian, to attend at a time and place to be fixed and specified in said notice, which summons shall be served by any sheriff or constable of the county; and if such executor, administrator, or guardian shall fail to attend, it shall be the duty of said commissioner to report him, or her, to the next county court for such failure, and the court shall cause such delinquent to be summoned before them to show cause why he should not be fined or removed from the fiduciary trust; and the said court may, good cause shown for such failure to attend and settle their respective accounts, impose a fine upon such delinquent of any sum not exceeding twenty dollars, or they may in their discretion, if they shall believe the interest of the state demands it, remove such executor, administrator or guardian, and proceed to the appointment of an administrator, de bonis non, an administrator with the will annexed, or another guardian, as the case may be.

without

SEC. 6. Be it further enacted, That the commissioners whenever an executor or administrator shall apply to have his accounts stated and settled, shall in like manner cause the heir, devisee or distributee, his or her guardian, if resident within the county, to be summoned to attend the said settlement of accounts; and the said commissioners shall have power to summon witnesses, and compel their attendance, and to administer all the necessary oaths to witnesses and parties, and may continue from day to day, until they shall have completed the settlement before them; and they shall each be allowed and paid by the party or parties calling upon them, the sum of one dollar and fifty cents a day, for every day they shall be engaged in the settlement of any such account or estate.

approve the report and settlement; or if upon hearing the exceptions they

shall overrule

have the said tlement record

report and set

ed.

Commissioners shall on ap

plication issue

a summons a

gainst executors, adminis

trators or guardians to attend

at the time and place fixed by ment.

them for settle

- Summons shall

be served by the

sheriff or con

stable of the county.

Commission

ers' duty to report delinquents, &c. Court may im

pose fine not ex

ceeding $20, or remove the delinquent and appoint an ad

ministrator de bonis non or

Commissioners shall in like manner cause

the heirs, devi-
sees, &c, or
guardians, to
settle-
attend
ments if within
the county.
Commission-

ers shall have
power to sum-

mon witnesses

and compel attendance, administer oaths, &c.

Commission

power to inter

rogate execu

SEC. 7. Be it further enacted, That the said commissioners ers shall have shall have the right to interrogate any executor, administrator or guardian upon oath, in order to make him or them disclose any fact, tors, adminis- material to the true and equitable settlement of their accounts, trators, and and shall reduce the substance of their statements to writing, and guardians. file it with the papers.

Commission

SEC. 8. It shall be the duty of said commissioners, in cases where ers shall report an executor, administrator or guardian shall have failed to settle such ex'rs, &c. his accounts, to report the fact to the court, who shall proceed under as fail to settle. Court shall the existing law, to cause such administrator, executor or guardian proceed under to be summoned, and make such order against him as shall seem existing laws to right, in order to compel settlement of his accounts under the prohave them summoned, &c. visions of this act.

SEC. 9. All acts or laws authorizing the county courts to settle All laws in or appoint commissioners to state and settle the accounts of executors, administrators and guardians, inconsistent with the provisions of this act, are hereby repealed.

consistent with this repealed.

Not to take

effect until after the first of July

next.

SEC. 10. This act shall not take effect, until after the first day of July, 1834, except so far as it authorizes the appointment of the commissioners of accounts.

[For the several acts regulating appeals to the county court and proceedings thereon. See title JUSTICES OF THE PEACE, post.]

[For their power to permit appeal bonds, injunction bonds, &c, to be amended. See title APPEALS AND WRITS OF ERROR, p. 137, ante.]

[For other duties in regard to public buildings, renting a court-house when necessary, &c. See title BUILDINGS PUBLIC, ante.] a

[For a full reference to the other duties of county courts, scattered through various acts. See Index, head COUNTY COURT.]

1818.

County courts may be held in months

same

IN FORCE FROM ITS PASSAGE.

AN ACT to regulate the sitting of certain County Courts in this Commonwealth:
Approved January 9, 1818.-Session Acts, p. 327.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the county courts of the several counties in this Commonwealth in which chancery terms of the circuit courts are that chancery established by law, may, and shall hold their courts on the respective days in such counties, as directed by law, in the same months that said chancery terms are directed to be held.

terms are.

1821.

IN FORCE FROM THE FIRST OF JANUARY 1822.1

AN ACT to regulate the times of holding Circuit Courts, County Courts, and the General Court in this Commonwealth: Approved December 21, 1821.-Session Acts, p. 424.

SEC. 2. The county courts of the several counties shall commence on the same Mondays as the circuit courts, in every month, except those in which the circuit courts are held. «

The County Courts for the several counties shall commence and be held as follow, viz.

In Adair County-on the first Monday in every month in which no circuit court is held.

Allen on the second Monday in every month in which no circuit court is held.

Anderson on the second Monday in every month in which no circuit court is held.

Barren-on the third Monday in every month in which no circuit court is held.

Bath on the second Monday in every month in which no circuit court is held.

Boone on the first Monday in every month in which no circuit court is held.

Bourbon-on the first Monday in every month except August. Bracken-on the third Monday in every month.

Breckenridge on the third Monday in every month in which no circuit court is held.

Bullitt-on the third Monday in every month..

Butler on the second Monday in every month in which no circuit court is held.

Caldwell on the third Monday in every month in which no circuit is held.

Calloway-on the fourth Monday in every month in which no circuit court is held.

Campbell on the the fourth Monday in every month in which no circuit court in held.

Casey on the fourth Monday in every month in which no cir

cuit court is held.

Christian-on the first Monday in every month in which no circuit court is held, and on the last Monday of the months previous to those in which the circuit courts are held.

Clarke-on the fourth Monday in every month in which no circuit court is held.

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Clay-on the fourth Monday in every month in which no circuit court is held.

Cumberland-on the second Monday in every month in which no circuit court is held.

Daviess on the second Monday in every month in which no circuit court is held.

Edmonson on the first Monday in every month in which no circuit court is held.

Estill-on the third Monday in every month in which no circuit court is held.

Fayette-on the second Monday in every month.

Fleming-on the fourth Monday of every month..

Floyd-on the second Monday in every month in which no circuit court is held..

Franklin-on the third Monday in every month in which no circuit court is held.

Gallatin on the second Monday in every month in which no circuit court is held.

Garrard-on the third Monday in every month in which no circuit court is held.

Grant-on the second Monday in every month in which no circuit court is held.

Graves on the second Monday in every month in which no circuit court is held.

Grayson- -on the fourth Monday in every month in which no circuit court is held.

Green on the third Monday in every month in which no circuit. court is held.

Greenup on the first Monday in every month in which no circuit court is held.

Hancock-on the fourth Monday in every month in which no circuit court is held.

Hardin-on the third Monday in every month in which no circuit court is held.

Harlan on the first Monday in every month in which no circuit court is held.

Harrison-on the second Monday in every month.

Hart-on the second Monday in every month in which no circuit court is held.

Henderson on the fourth Monday in every month in which no circuit court is held.

Henry-on the first Monday in every month except August, in which it is held on the second Monday.

Hickman-on the first Monday in every month in which no circuit court is held.

Hopkins on the last Monday in every month.

Jefferson on the second Monday in every month.
Jessamine on the third Monday in every month.

Knox-on the fourth Monday in every month, in which no circuit court is held.

Laurel-on the first Monday in every month in which no circuit court is held.

Lawrence on the third Monday in every month in which no circuit court is held.

Lewis-on the third Monday in every month in which no circuit court is held.

Lincoln-on the second Monday in every month in which no circuit court is held, and on the fourth Monday in each of the other months.

Livingston on the first Monday in every month in which no circuit court is held.

Logan-on the first Monday in every month except in April, July, August and October, and in those months, on the third Monday.

Madison on the first Monday in every month except August, when the court shall be held on the second Monday.

Marion-on the first Monday in every month, in which no circuit court is held.

Mason-on the second Monday in every month except May and November, and then on the first Monday.

McCracken on the second Monday in every month, in which no circuit court is held.

Meade on the first Monday in every month in which no circuit court is held.

Mercer on the first Monday in every month except August, and then on the second.

Monroe-on the first Monday in every month in which no circuit court is held.

Montgomery-on the first Monday in every month in which no circuit court is held.

Morgan-on the first Monday in every month in which no circuit court is held.

Muhlenburg-on the last Monday in every month in which no

circuit court is held.

Nelson on the second Monday in every month.

Nicholas on the fourth Monday in every month, in which no circuit court is held.

Ohio on the first Monday in every month in which no circuit court is held.

Oldham on the third Monday in every month in which no circuit court is held..

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