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day the same shall fall due by the bonds aforesaid, then 1801. the said sheriffs and their sureties shall be released from

Damages to be the payment of the corresponding judgment for damages released upon against them for the defalcation of said sheriff's; but if of roplovia said installments shall not be paid as provided for in this bonds. section, the judgment for damages aforesaid shall remain in full force and effect, and the Auditor of Public Accounts shall proceed to collect the said damages as if this act had not been passed.

$ 4. The provisions of this act shall not apply to such This act not to sheriffs and their securities for whose benefit special acts for whom spec'l hare or may be passed at the present session of the Gen- passed at this eral Assembly.

session. $ 5. This act shall take effect from and after its passage.

Approved September 30, 18

CHAPTER 97.

AN ACT in relation to guardians and wards. Be it enacted by the General Assembly of the Commonwealth of Kentucky :

That guardians shall not remove out of this State any of Guardians not the property of their wards without first obtaining the erty of their sanction of the court of chancery jurisdiction held in the wards out of county in which the guardian was qualified; and such out leave of ct. court, upon petition sworn to by the guardian, and such proof as may be deemed necessary, authorize the removal of the property of the ward out of this State, upon such terms and conditions as may be equitable and just, and will secure and protect the rights and interest of the ward : Provided further, That guardians may be restrained from How guardian the unlawful removal of the property of their wards, or maxi any part thereof, out of this State, upon the petition of the ward by next friend, or upon the petition of any surety of the guardian in his bond as such.

Approved October 1, 1861.

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CHAPTER 98.
AN ACT to amend the act regulating the inspection and selling tobacco in the

city of Louisville.
Be it enacted by the General Assembly of the Commonwealth

Ø 1. That so much of the fifth section of the act regulating the inspection and selling tobacco in the city of 1859-60, p. 19. Louisville, approved February 6, 1860, as authorizes and

of Kentucky:

1 Sess. Acts,

1861. empowers the Governor of the Commonwealth of Ken

tucky to appoint two inspectors of tobacco in the city of Louisville, be, and the same is hereby, repealed.

$ 2. That the two inspectors of tobacco in the city of Inspectors to Louisville, which, by the act of February 6, 1860, were by City Coun- appointed by the Governor of the Commonwealth of Ken.

tucky, shall hereafter be appointed by the city council of Louisville, in the month of October in each year, as provided in said act.

§ 3. All the powers conferred on the Governor of the Power taken Commonwealth of Kentucky by the act approved Februfrom the Governor. ary 6, 1860, in relation to the appointment and removal of

tobacco inspectors in the city of Louisville, be, and the same is hereby, repealed.

§ 4. That only so much of said act as comes in conflict with this act is hereby repealed.

$ 5. This act to take effect from and after the passage thereof.

Approved October 1, 1861.

CHAPTER 99.

notes.

AN ACT concerning the banks of this Commonwealth.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

§ 1. That the prohibition against the issue of notes of North'rn Bank, smaller denomination than five dollars by the Northern Bank Ky and Bank of Kentucky, Bank of Kentucky, and Bank of Lou. may issue small isville be rescinded, and said three banks may make and

issue bank notes of any denomination not less than one dollar until they shall be prohibited by the Legislature.

§ 2. That the president and directors of any principal Principal Bank bank in the State may suspend temporarily any branch any branch when, from the proximity of the invaders of the State, temporarily, in they may consider it unsafe to keep in such branch the money and removó and valuables appertaining to such branch; or may, in the valuables. event of such danger, remove the whole or greater part

of the moneys of such branch, and place them in some other place for safety; and, in the event of such removal, said bank shall incur none of the forfeitures or liabilities prescribed in their charters for suspension of specie payment by failing to redeem its notes or deposits payable at such branch, provided said notes or deposits are paid or redeemed in ten days after demand at the principal bank.

It shall also be lawful, when any principal bank shall be Principal , in ceru'n cases; endangered by the public enemy, for the president and

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directors to remove it to some other point of safety within 1861. the State; but the banks and branches shall be restored to their present location so soon as the danger shall be entirely moved temporemoved.

rarily. 63. This act to take effect from its passage.

Approved October 1, 1861.

CHAPTER 100.
AN ACT to amend the charter of the People's Bank of Kentucky.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky :

61. That the president and directors of the People's People's Bank Bank of Kentucky may, in their discretion, after being may be remov a instructed so to do, in writing, by stockholders owning over one half the stock in said bank, remove the office of the principal bank from Bowling-Green to Louisville.

§ 2. That if the removal shall take place, then the provisions of the original charter, which apply to BowlingGreen, shall apply to Louisville.

Approved October 1, 1861.

CHAPTER 108.
AN ACT to change the boundary line between the counties of Henderson and

Webster.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

That the boundary line between the counties of Hender- Boundary line son and Webster be changed, and that from and after changed. the first day of January next, the line between said counties be, and the same shall be established as follows, viz: Beginning where the Union and Henderson county lines intersect with the Webster county line, near Eliza Duncan's; running thence with the old line between Henderson and Union counties to White Lick, on Highland creek; thence a straight line to Rideout's old landing on Green river.

Approved October 1, 1861.

CHAPTER 111.

AN ACT to change the boundary line between Metcalfe and Adair counties.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the boundary line between Metcalfe and Adair

1861. counties be so changed and altered as to begin at a point

where the Metcalfe county line joins with the corner of Boundary changed.

Green and Adair counties, near Moss' old meeting-house; thence a straight line to Herbert F. Kinnard's, on Leatherwood creek; thence as the line now runs.

$ 2. The surveyor of Metcalfe county is directed to run Surveyor of and mark the line aforesaid, in accordance with the proand mark the visions of this act. line. $ 3. This act to be in force from its passage.

Approved October 1, 1861.

CHAPTER 126.

AN ACT to suspend the holding of circuit courts in the counties of Harlan,

Letcher, Perry, Breathitt, Owsley, Jackson, and Clay. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the fall terms of the circuit courts for the year Fall terms of 1861, of the following counties, to-wit: Harlan, Letcher, 1861, in Harlan, Perry, Breathitt, Owsley, Jackson, and Clay, be, and the Breathitt.Ows: holding of the same is hereby, suspended; and all the ley, Jackson, causes in said courts are hereby continued until the next

regular terms of said courts; and in all penal and criminal cases the recognizances and witnesses are hereby

respited until that time: Provided, That nothing in this Special terms act shall prevent the circuit judge in the district in which may be held.

said counties lie, from holding a called court at any time he may think proper; but in holding said called courts, he shall be governed by the law now in force in relation thereto.

§ 2. This act shall take effect from and after its passage.

Approved October 1, 1861.

CHAPTER 127.
AN ACT in regard to settlements of decedents' estates heretofore made.

Be it enacted by the General Assembly of the Commonwealth of Kentucky :

§ 1. That in all cases of settlements heretofore made by Certain settle- executors and administrators, wherein the word “discount" ecutors and ad- has been omitted in affidavits and vouchers proving claims mistrators le- against the decedent, such affidavits and vouchers shall

be held good and valid, if regular, and as required by law
in every other respect-subject, however, to exceptions for
any actual loss or damage arising from such omission.
§ 2. This act to take effect from its passage.

Approved October 1, 1861.

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CHAPTER 128.

1861. AN ACT in regard to imbeciles, their persons and estates. Be it enacted by the General Assembly of the Commonwealth of Kentucky :

§ 1. That the several circuit and chancery courts of this Circuit and Commonwealth be, and they are hereby, empowered to have jurisdietake and exercise the same jurisdiction, authority, and tion over het control over the estates of all persons who, from confirmed imbecile perbodily infirmities, are unable to make known to others, by speech, signs, or otherwise, their thoughts or desires, and who, by reason of such confirmed bodily infirmities and disabilities, are incompetent to manage their estates, as said courts now have over the estates of idiots and lunatics; and all laws now in force in regard to the persons and estates of idiots and lunatics, and their committees, are hereby made applicable to such infirm persons and their estates. § 2. This act shall take effect from its passage.

Approved October 1, 1861.

CHAPTER 144.
AN ACT to raise volunteer forces to repel the invasion of the State, and for

other purposes.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:
Ø 1. That as the soil of the State of Kentucky has been

Call for forty invaded by armed forces, acting under the authority of the thousand sol so-called Confederate States, therefore, for the purpose of months to 3 yrs. repelling said invasion, the Governor of the State of Kentucky is hereby directed to issue his proclamation forthwith, calling out not less than forty thousand soldiers, residents and citizens of Kentucky, between the ages of eighteen and forty-five years, to be mustered into the service of this Commonwealth for any term of service not less than twelve months nor more than three years, from the time they were mustered into service, unless sooner discharged.

$ 2. That the Governor be, and he is hereby, authorized, Gov't authorin order to raise said force, to accept of the services of companies ten any volunteer companies who shall, within three months dered within 3 from the date of his proclamation, tender their services; and he shall commission for that purpose all officers duly To issue comelected by the companies aforesaid, necessary and proper cers electod. for the command of such volunteers. $ 3. That all volunteer officers, non-commissioned offi

To be mastered Cers, musicians, and privates, whose service may be ten- into service in dered and accepted under the provisions of this act, shall their respectivo

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