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1862. service, whether within the boundary of said State or in

any other State of the United States, whether loyal or insurrectionary, who shall leave his troop, detachment, company, or regiment, without permi-sion from proper authority, is hereby declared a deserter from the service of the State of Kentucky, subject to all the pains and penalties imposed upon deserters from the army of the United States, and to suffer the same upon conviction by a general court-martial.

§ 4. Any officer or soldier enlisted, enrolled, or mustered Officer or sol- into the service of this State, who may now be absent dier now ab

from his troop, detachment, company or regiment, without proper permission, whether they left such service within or without the State of Kentucky, who does not return to his troop, detachment, company, or regiment within thirty days after the passage of this act, are declared to be deserters, subject to the pains, penalties, and punishments prescribed in section three of this act.

§ 5. It is hereby declared to be the duty of any justice of How deserters the peace, police judge, county judge, or circuit judge in

this Commonwealth, whenever there is presented to him an affidavit stating that any officer or soldier of the State of Kentucky or the United States, has deserted from the service of either, or is absent therefrom without leave, to issue a warrant for the arrest of such deserter or absentee, directing any sheriff, coroner, jailer, constable, marshal, or policeman of this Commonwealth, to forth with arrest such deserter or absentee, and deliver him to the military authority who may be detailed to receive him, or to the commander of the troop, detachment, company, or regiment in the camp thereof; to which such deserter or absentee may belong.

§ 6. Should any of the civil officers enumerated in the Penalty on civ. preceding section, refuse to issue such warrant, or make il officers for failing in their such arrest and delivery, the officer and his sureties, so duty.

offending, shall pay to the Commonwealth of Kentucky not less than fifty nor more than three hundred dollars, to be recovered by civil action, in the circuit court of the county in which such officer lives; and one half of the amount so recovered shall be for the benefit of any citizen of this Commonwealth who may institute and prosecute an action for the recovery thereof; and beyond such recovery by civil action, any officer so offending may be removed from his said office by the judgment of a court of competent jurisdiction.

§ 7. Any person who entices, persuades, or attempts to Penalty on induce, any officer or soldier of the State of Kentucky, those who en tice, persuade, mustered into the service of said State, or into the service

of the United States, to desert such service, or harbors, conceals, or aids in the escape of any deserter from either

or harbor de sorters,

1862.

service, is declared guilty of a high misdemeanor, and shall pay to the Commonwealth of Kentucky not less than fifty nor more than three hundred dollars, to be recovered by the same means and for the same purposes as declared in the last section, or by indictment.

§ 8. This act to take effect and be in force from and after its passage.

Approved March 17, 1862.

CHAPTER 612.

ry one year.

AN ACT to amend the law of limitations of actions for usury. Be it enacted by the General Assembly of the Commonwealth of Kentucky: $ 1. That no action shall be hereafter prosecuted in any

Limitation to of the courts of equity or law in this Commonwealth, for actious for usuthe recovery of excess of interest theretofore paid, for the loan or forbearance of money, or other thing, by the borrower against the loanor or forbearer, or the assignee, or either, unless the same shall have been instituted within one year after the payment of such excess of interest; and this limitation shall apply to all payments made on all demands, whether evidenced by writing or existing in parol. § 2. This act to be of force from its passage. Became a law 17th March, 1862, Governor failing to approve.

p14

RESOLUTIONS.

1861.

No. 1.
RESOLUTION making appropriation to Wickliffe, McClarty and Robb.

Resolved by the General Assembly of the Commonwealth
Kentucky :

That J. C. Wickliffe, late Clerk of the Senate, be and he is allowed the sum of one hundred dollars ; and Clinton McClarty, late Clerk of the House of Representatives, be and he is allowed the sum of one hundred dollars for their services in opening and calling to an organization the present General Assembly; and to W. N. Robb, late Sergeant-at-Arms, for cleaning, furnishing, and opening the House, and services, &c., fifty dollars; and that the Auditor of Public Accounts is directed to draw warrants on the Treasurer for the said sums, to be paid out of any money in the treasury not otherwise appropriated.

Approved September 7, 1861.

No. 2.
RESOLUTION making appropriation to excluded Senators.
Resolved by the General Assembly of the Commonwealth of
Kentucky :

That Geo. Wright, D. W. McGoodwin, John M. Burns, Sam. Lusk, M. J. Cook, and A. B. Semple, who were elected Senators at the late August election, be and they are hereby allowed three days' compensation and the customary mileage; and that the Auditor of Public Accounts is hereby directed to draw his warrant on the Treasurer for the amounts respectively allowed them.

Approved September 10, 1861.

No. 3. RESOLUTION regarding extension of this General Assembly. Whereas, the constitution of this State provides that no session of the General Assembly shall continue beyond sixty days, except by a vote of two-thirds of all the members elected to each House; and whereas, in the judgment

1861.

of this Legislature, the public good requires that the present session of this Legislature ought to be extended beyond the constitutional period; therefore be it

Resolved by the General Assembly of the Commonwealth of Kentucky:

That the present session of the General Assembly shall be, and the same is hereby, extended beyond the sixty days, and until such time as it may hereafter fix for its adjournment sine die.

Approved September 20, 1861.

No. 4.

RESOLUTIONS providing for the peace and quiet of the citizens of

this Commonwealth. WHEREAS, The people of Kentucky have, from the beginning, ardently desired, and still cherish the hope, that they may not be involved in the unnatural prevailing civil strife; that Kentucky is now, as she has ever been, willing and ready to interpose her friendly mediation in adjusting terms of peace and reconciliation alike honorable and just to all; but as her wishes to mediate and restore harmony may not avail at present, and it is very desirable that the people in the ineantime, should act in harmony and be at peace among themselves, so that if they shall be involved in war, they will, as far as possible, relieve and palliate its calamities; therefore,

Resolved by the General Assembly of the Commonwealth of Kentucky:

That if collisions between hostile armies shall take place within our territory, that it is most earnestly recommended to the people of Kentucky not to engage in civil strife amongst themselves on account of differences of political opinions; that it is the duty of the people to be obedient to the civil authorities, and respect, in times of war as well as peace, all the rights guaranteed to every citizen by the constitution and laws of the land; that all good citizens, however they may differ in political opinions, should unite in protecting each other in their rights of life, liberty, and property, against all and every invasion thereof by unlaw. ful raids, mobs, marauding bands, or other evil disposed persons, and aid the civil authorities in arresting all such persons and bringing them before the courts for trial.

Resolved, That we, the Representatives of the present General Assembly, hereby pledge ourselves to a strict observance of the foregoing resolutions, and earnestly recommend a like observance by all the people of the State of Kentucky.

Approved September 20, 1861.

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