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An Act amending the Code of Practice. 1853 vol. I 24 (1853)

handle is hein.slavery/ssactsky0708 and id is 1 raw text is: LAWS OF KENTUCKY. 1854. of M\ay, 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 Jo so until the first day of January, in each and every year. This act shall take effect from its passage. Approved February 24,1854. 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 de- fendant, 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 amlended by adding thereto the following sections: . § -. Where petitions are filed without verification, as required by section one hundred and sixty eight, the ac- tion shall not, on that account, be dismissed, if the verifi- cation be made on or before the calling of the action for trial. § -. 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 prescrib- ed in section one hundred and sixty eight, unless a new and distinct cause of action or defense is thereby intro- duced. That in title one, between sections nine and ten, the fol- lowing section be inserted: § -. If the plaintiff's claim is for money due by contract, and the defendant puts in a defense of exclusively equita- ble 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 en- dangered 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 in- dexes. (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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