1 preside. And on the trial of any officer or officers, courts of as: before any courts martial, the accused shall not have ssesment in it in his power, to object to the president of the certain cases court. Sergeant ma Sec. 5. Be it further enacted, That there shall be a sergeant major to each regiment, whose duty it shall be, to keep a regular roll of the sergeants, attend to the exercise of the men when so required ;— and when any sergeant major shall neglect his duty, he shall be fined any sum not more than six, nor less than one dollar and any sergeant or corporal, for neglect of duty, shall be fined not less than one dollar, or more than four dollars. Sec. 6. Be it further enacted, That each messenger brigadier gen appointed by any brigadier general, to carry orders eral exempt or notices of musters, shall be exempt from fine for from muster not mustering for one year. SEC. 7. Be it further enacted, That the commandant ty. Messengers of Proclamation of companies shall, at their last muster in each year, of delinquents make a public proclamation of all delinquents, which he is about to return to the court of assessment, which shall be considered as sufficient notice of the sitting of such court. Sec. 3. Be it further enacted, That the residence of every militia man in this state, shall be considered the place where he has his lodging. Sec. 9. Be it further enacted, That any sergeant, or other non-commissioned officer, failing to attend any muster, shall be fined any sum not less than one dollar and fifty cents, nor more than four dollars. to be made court of as- Penalty on non-commiss oned officer's failing to at tend muster. President and Sec. 10. Be it further enacted, That the president, cashier and clerks, in the bank of Kentucky, and its clks. of banks branches, shall be exempt from fines for not muster- exempted. ing. Commence Sec. 11. Be it further enacted, That the first sec- ment of first tion of this act, shall not be in force until the first section of this day of August next. act. Duty of com SEC. 12. And be it further enacted, That it shall be the duty of the commanding officer of squadrons, manding effi to attend at least one of the company musters of cer of squad each troop every year, to superintend and direct the ron. exercise and discipline. Sec. 13. The commanding officer of squadrons, squadrons Convene his shall convene their squadrons once a year, at whatever time the commanding officer of the brigade shall designate, for the purpose of exercise, &c. once a year Court of ap peals to be held every. year How compo sedPower company Ct. power duty Sec. 14. There shall be court of appeals, held on the first Monday in December, in each year, at some convenient place within the bounds of the squadron; which court shall be composed of at least two captains and three subalterns, and. have power to try all cases where officers are fined, and appeals from the company court of assessment. Sec. 15: There shall be a campany court for the assessment of fines on the last Monday in November, to try all delinquencies in each company, which shall be composed of the commissioned officers of each company, three at least being present, who shall keep a record of their proceedings, and transmit to the court of appeals a list of all fines by them assessed for their confirmation; they shall appoint a To appoint a judge advocate pro tem. and be governed by the judge advo same rules and regulations as other courts of assess cate, &c. Squadron Ct. to appoint judge advo Government. cate. Fines how re ment are. Sec. 16: There shall be a judge advocate appointed by the sqaudron court of appeals, who shall take the same oaths, and be governed by the same rules as infantry courts of assessment are. Sec. 17. A certified list of all fines assessed by, duty of judge and confirmed by the squadron court of assessment advocate and appeals, shall be made out for each company by the judge advocate, and put into the hands of the sheriffs of the county in which said company lies, on or before the first of March in each year, which shall be collected and accounted for, and applied to the use of each troop respectively. covered, col lected and ap plied Vacancies how filled. Sec. 18. At any time when vacancies may happen in any of the officers commanding the troops, the commanding officer of the squadron, shall summon four of the commissioned officers, two of whom being captains for the purpose of nominating proper persons Commanding to fill vacances, as in other cases of the militia. officer may order courts Sec. 19. Courts martial shall be appointed by the martial to try commanding officer of squadrons to try all officers in officers. the squadron, which shall be composed of five comhow composed missioned officers, two of whom being captains; but when a sufficient number of captains in the squadron, Their rules & cannot be summoned, others shall be summoned government from the line of infantry, and be governed by the same rules as other courts martial are." CHAP. CCLXXX. AN ACT To amend the law respecting Executors, Administra tors, and Heirs. APPROVED, JAN. 31, 1811. B liable for the amount of a8 Eit enacted by the general assembly Sec. 1. commonwealth of Kentucky, Executors or That hereafter no executor adm'rs or executors, adminisonly trator or administrators, shall be made liable for more than the amount of assets, which have come, sets or may come into his, her or their hands, to be administered, or on account of having failed to plead or make defence, or on account of any plea or pleas; which he, she or they have heretofore, or may hereafter plead, to any suit or action whatever, determined, brought or to be brought, or prosecuted against him, her or them, or either of them; but the judgment of the court in all such cases, shall only render such executor or executors, administrator or administrators, liable for the amount of assets in his, her or their hands unadministered. And in all suits against such executor or executors, administrator ar administrators, on their bonds or otherwise, for devastavits, he, she or they shall be at liberty to plead plene a 'ministravit ; and under such plea, shall be at liberty to shew the real amount of assets, which were in his, her or their hands, unadministered, when the original judgment was rendered against him, her or them for which sum judgment may be rendered, and for no more: Provided however, that if any costs upon a second suit. Same, nd executor or administrator, shall suffer judgment to go against them by default, or shall fail or neglect to shew the real amount of assets in their hands, unadministered, by which judgment shall pass against. them for more than the amount of such assets, and shall afterwards, when sued for a devastavit, on his, her or their bond, or otherwise, shew that they have not assets sufficient to pay the plaintiff's demand, it shall and may be lawful, for the court to adjudge the costs of such second suit, to be paid by such de fendant or defendants, out of his, her or their own proper goods and chattels. Suits not to six months cation SEC. 2. And be it further enacted, That no suit be instituted shall hereafter be brought, nor any scire facias sued vs. ex'ors or out against any executor or executors, administraadm❜rs, until tor or administrators, until six months after he, she after qualifi- or they have qualified according to law and if any suit shall be brought, or any scire facias sued out hereafter, contrary to the provisions of this act, it shall be the duty of the court in which such suit is depending, or to which such scire facias shall be returned, to dismiss the same on motion, without notice: Provided however, that nothing herein contained, shall be so construed, as to exempt any executor de son tort, from being sued immediately. Suits brought contrary here to, to be dis missed Executors de son tort excep ted m'rs not to Sec. 3. And be itfurther enacted, That no execuEx❜ors or ad- tor or administrator shall be permitted, within such term of six months, after he, she or they may have qualified as such, to confess any judgment or judgments, so as to give to any claim or claims, a supe rior dignity to any other claim or claims, against the estate of their testator or intestate. confess judg ment in a giv en time Provisions of ded to heirs A Sec. 4. And be it further enacted, That the heir ar the act exter heirs of a deceased person, shall be entitled to receive the benefit of all and every of the provisions aforesaid, relating to executors and administrators, as far as the same are applicable: CHAPTER CCLXXXI. AN ACT Allowing an additional number of justices of the peace in certain counties in this commonwealth APPROVED, Jan. 31, 1811. SEC. 1. Bit enacted by the General Assembly; That the counties herein after named, shall be entitled to the following number of justices of the peace, in addition to the number heretofore allowed by law : The county of Jessamine one; Muhlenberg two; Woodford one; Cumberland,one; Logan two; Hardin one Warren four; Shelby two; Caldwell one; Clay one; Jefferson four, two of whom shall reside in the town of Louisville; the county of Butler two; Green one; Breckenridge two; Ohio two; Bullitt one; Harrison one; Clarke one; Nelson one. SEC. 2. And be it further enacted, That the county of Union be entitled to ten justices of the peace ; and the county of Bath eleven justices of the peace, being the number for each county now necessary. CHAP. CCLXXXII. · AN ACT To amend the laws in force in this commonwealth, authorising proceedings by distress for rent. 1.BE SEC. 1. APPROVED, JANUARY 31, 1811. E it enacted by the General Assembly of the commonwealth of Kentucky, That |