SEC. 4. Judgments against deceased persons may be revived against the executor or administrator, and then against the heirs or devisees, or against the latter only, when there is no executor or administrator, according to the above rules in relation to actions on the contracts of the deceased; and when revived, a fieri facias shall issue as in other cases. (ƒ) [For the 4th section of the act of 1811, concerning executors and administrators, which extends its provisions to heirs, so far as the same are applicable. See title EXECUTORS AND ADMINISTRATORS, p. 673, ante.] [As to the liability of heirs for the alienation of estate descended to them. title FRAUDULENt Devises, p. 743, ante.] See 781 Judgments may be revived, & proceedings thereon. TITLE 92. HORSES. 1792. IN FORCE FROM THE FIRST OF MARCH 1793. AN ACT to provide for the improvement of the breed of Horses: Approved December 20, 1792.-1 Litt. 136. WHEREAS, many of the inhabitants of this Commonwealth, who keep breeding mares, sustain great damages from stoned horses being suffered to run at large without inclosures, and the breed of horses is much injured thereby; for prevention whereof, sumpsit against heirs or devisecs, on a demand against the decedent, without joining the personal representatives, the declaration must allege those facts, which, according to the above act, will justify such action.-Monroe, &c. v. Winlock, &c. 4 Litt. 136. 2. A verdict and judgment against an administrator, is as far as personal property or slaves may be concerned, prima facic evidence against heirs.-Ewings, &c. v. Handley's Ex'rs. 4 Litt. 355. 3. In a suit against heirs, after judgment has been obtained against the executor or administrator, the declaration must show that proper steps have been taken against the executor or administrator, and that they have resulted "in a judgment of record or the return of a proper officer," manifesting a want of property of the Preamble, deceased in the hands of his personal representative, to satisfy the debt.--Mills, &c. v. Sale, 7 J.J. Mar. 254. (f) In a scire facias against the heirs of one of several defendants, against whom a judgment has been obtained, the other defendants must be joined; and it should be against the survivors, to have execution generally, and against the heirs and terretenants, to have execution of the lands of the deceased.-Holder's Heirs v. Commonwealth, 3 Mar. 410. 2. A judgment in ejectment, for the term, damages and costs, cannot be revived against the heirs alone; the personal representative must be joined. Perhaps, if the scire facias sought to revive the judgment, as to the term only, it might lie against the heir.-Mitchell's Heirs v. Smith's Heirs, 1 Litt. 243. a stoned-horse more than one year old, running at large. cured, may carry the same before justice. Fee to the gelder. Taker up to take care of the said horse. His allowance therefor. SEC. 1. Be it enacted by the General Assembly, That if any Any person stoned horse shall be found running at large out of the inclosed ground may take up of the owner or keeper, more than one year old, it shall and may be lawful for any person to take up such stoned horse, and give notice thereof to the owner or keeper, and if such owner or keeper shall If not taken not take away and secure the same, allowing him one day for every away and sefifteen miles he may reside from such taker up, the taker up shall carry the same before the next justice of the peace within the county, and if it appear to such justice that the said stoned horse is more Who shall than one year old, he shall issue his warrant to some person skilled have the same in the business to geld such stoned horse, and such person may degelded. mand and receive nine shillings for his trouble, to be paid by the taker up, and such taker up shall take care of the horse so gelded, for which he may demand and receive of the owner or keeper two dollars including the price paid for gelding, and moreover receive six pence per day from such owner or keeper for every day he shall Proceedings keep such horse after he is gelded; and when the owner or keeper where the own- of any stoned horse, so found running at large, is not known, the taker up shall carry the same before a justice, who shall cause the same to be appraised and dealt with as is by law required in taking up a stray horse, mare or colt of the same age; and moreover for two weeks cause a particular description of such appraisement to be set up at the court-house door or place of holding courts, and most public places in his neighborhood for two weeks, for which he shall be entitled to the same reward as is allowed in case of taking up any other stray horse, mare or colt; and if no owner appear to prove his within that time, he may take the same before the next jusproperty tice of the peace for his county, who shall cause the same to be gelded, as is heretofore directed; and the person gelding such stoned horse shall be allowed the sum of five shillings, to be paid as is heretofore required, and the taker up two dollars for his trouble for curing, and all reasonable charges; and if the owner does not appear and prove his or her property within one year, the property shall be vested in the taker up, nevertheless the former owner may at any time within three years by proving his or her property, recover the valuation money. er, &c. is not known. When to car ry the horse be- Fee to the gelder. Fee to the taker up. When the property vested in the taker up. Repealing clause. SEC. 2. So much of every act or acts as comes within the purview of this act, shall be and the same is hereby repealed, TITLE 93. HOTCHPOT. 1796. IN FORCE FROM FIRST OF MARCH 1797. AN ACT to reduce into one the several acts directing the course of Descents: Where real estate shall be brought SEC. 17. And where any children of the intestate, or their issue, shall have received from the intestate in his lifetime, any real estate by way of advancement, and shall choose to come into partition hotchpot. with the other parceners, such advancement shall be brought into hotchpot with the estate descended. (a) 1797. into IN FORCE FROM FIRST OF MARCH. AN ACT to reduce into one the several acts concerning wills, the distribution of intestates' estates, and the duty of executors and administrators: Approved February 24, 1797.-1 Litt. 618. [SEC. 28.] "Where any children of the intestate, or their issue, shall have received from the intestate in his lifetime any personal estate by way of advancement, and shall choose to come into the distribution with the other persons entitled, such advancement shall be brought into hotchpot with the distributable surplus. (b) (a) The above section is copied from the 15th section of the Virginia act of 1785. 2. Advancements in slaves are not to be brought into hotchpot in the distribution of personalty, nor vice versa. But advancements in land or slaves, or both, should be brought into hotchpot in the division of either or both.Stone's Rep's. v. Halley, 1 Dana, 198. 3. A testatrix, in making a bequest to her son, used langnage showing her expectation and reason for the bequest to be that, an advancement made by her husband to the son would be brought into hotchpot. Held that he could not retain the advancement and claim the legacy too.--Ibid. Where per sonal estate shall be brought into hotchpot. 4. See note (b) post; see also act of 1831, post. (b) When distributees came into hotchpot, the personal estate must make a separate parcel, to be divided in kind, and must not be blended with slaves.--Quinn v. Stockton, &c. 2 Litt. 348. 2. Advancement in slaves shall not be brought into hotchpot with the other chattels. There is for each a separate hotchpot.-South's Heirs v. Hoy's Heirs, 3 Mon. 93. 3. A distributee may waive his right to distribution and retain his advancement.-Stone's Rep's. v. Halley, 1 Dana, 199. 4. See note (a. 2.) ante; see also act of 1831, his children, to be considered 1830. IN FORCE FROM ITS PASSAGE. AN ACT to amend the law of Descents, and for the distribution of Intestates' SEC. 1. Be it enacted by the General Assembly of the CommonAn advance- wealth of Kentucky, That in the distribution of the estate of any ment made by an intestate, in person hereafter dying intestate, among his or her children, any his lifetime, to advancement made by such intestate in his lifetime, to any of his or her children, whether such advancement be in real or personal as an advance- estate, or slaves, shall to the value thereof, at the time of the advancement, be taken and considered as so much advanced to such child or children, out of the whole estate of such intestate; and such child or children so advanced, shall not inherit any portion of the remaining estate of his or her ancestor, until the other children are made equal in their portion of such estate, to such as have been advanced. ment out of his whole estate. When children so advanced not to inherit, &c. Mode of dis ments have been made. SEC. 2. Be it further enacted, That when any such advancement as is provided for in the first section of this act, shall have been tribution of estates, when made in slaves, and there shall not be as many slaves left as to such advance- make all the distributees of the intestate equal, then such distributees shall be made equal, out of the personality, if there be as much as will make them equal, and if there be not as much as will make them equal after expenses of administration and the debts of the intestate are paid, then the distributees shall be made as nearly equal out of the personal estate as may be, and the deficit, if any, shall be made up out of the real estate; and when the advancement shall have been made in personal estate, the distributees shall, in like manner, be made equal out of the personal estate, if that is sufficient, and if not, then out of the slaves, if any, and if there be none, or not as many as will make all the distributees equal, then they shall be made as nearly equal as may be, and the deficit, if any, shall be made up out of the real estate; and where an advancement shall have been made in real estate, the whole of the heirs shall be made equal, first out of the land if sufficient, and if not, then out of the slaves if sufficient, if not, then out of the personal estate. TITLE 94. HUNTING. 1562. 5 Elizabeth, Chap. 21.-English Statutes at Large, vol. 2. p. 561; 2 Litt. 548 of fish. SEC. 1. If any person or persons shall at any time, by day or by Penalty for the night, unlawfully, without authority, break, cut down, cut out or de- unlawful taking stroy any head or heads, dam or dams of any ponds, pools, motes, stagnes, stews, or several pits, wherein fish are, or shall happen to be put in or stored by the owners or possessioners thereof, or do or shall wrongfully fish in any of the said several ponds, pools, motes, stagnes, stews or pits, to the intent to destroy, kill, take or steal away any of the same fish, against the will, mind or pleasure of the owners or possessioners of the same, not having any lawful title or authority so to do, and thereof be lawfully convicted, at the suit of our sovereign lady the queen, her heirs or successors, or the party grieved, shall suffer imprisonment of his or their bodies, by the space of three months, and shall yield and pay to the party grieved his treble damages; and after the said three months expired, shall find sufficient sureties for his or their good abearing for the space of seven years after, or else shall remain and continue still in prison, without bail or mainprize, until such time as he or they so offending can and shall find such sufficient securities during the said time and space of seven years as aforesaid. deer. SEC. 2. If any person or persons at any time, by day or by night, For the unlawin manner aforesaid, wrongfully or unlawfully break or enter into ful taking of any park impaled, or any other several ground enclosed with wall, pale or hedge, and used for the keeping, breeding and cherishing of deer, and so wrongfully hunt, drive, or chace out, or take, or kill, or slay any deer within any such impaled park or closed ground with wall, pale or other enclosure, and used for deer as aforesaid, (not having lawful authority or license so to do,) and thereof be lawfully convicted, at the suit of our sovereign lady the queen, or the party aggrieved, as is aforesaid, shall likewise suffer imprisonment of his VOL. I. 100 |