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CHAPTER 224.

AN ACT to authorize the holding of a special election in Pendleton county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

1861.

county judge
when to be held
to fill

of vacancy.

§ 1. That an election be held in the county of Pendleton, Election of on the 23d day of December, 1861, to fill the vacancy in Pendleton; occasioned by the resignation of James J. Hudnall, county judge of said county, and all other vacancies which have occurred since the last general election, or which may occur before said day of election, in all county and district offices which, by law, the people have a right to elect; and that all officers elected under the provisions of this act, shall enter upon the discharge of their duties without commissions.

§2. That the judges, clerks, sheriffs, and the other officers which were appointed by the county court of Pendleton county to hold the last general election in said county, shall hold said election, with power to fill vacancies in said offices; and the sheriff of said county is required to give notice, at the various voting places in said county, at least eight days before said day of election.

§3. This act to take effect from and after its passage. Approved December 9, 1861.

County and

district officers
missions.

not to have com

Officers of leo

tion.

CHAPTER 228.

AN ACT to authorize the county court of Anderson county to increase the

county levy.

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

§ 1. That the county court of the county of Anderson. shall have power to raise the county levy in said county, at their discretion, to any sum not to exceed two dollars for each tithable in said county.

§ 2. This act shall be in force from its passage, and continue in force until the debts contracted by said county court, in the years 1860 and 1861, are paid, and no longer. Approved December 9, 1861.

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CHAPTER 234.

AN ACT to amend the 23d section of chapter 84, of Revised Statutes, concerning roads and passways.

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

§ 1. That the fines that may be collected hereafter from delinquents in working on roads in this Commonwealth,

1861.

How fines for

on roads to be

counted for.

shall be paid to the surveyor of roads in the precinct in which the funds are collected, to be expended in the imfailure to work provement of roads under his charge; and each surveyor applied and ac- of roads shall account to his successor in office for the funds so received by him, and pay over any unexpended balance remaining in his hands; and each surveyor shall report annually to the court of claims of his county the amount of fines received by him, if any, and the disposition thereof; and upon failure to do so, he shall be subject to a fine not exceeding ten dollars, to be recovered upon presentment of a grand jury.

Penalty.

§ 2. The fine shall be paid by the person entitled to the services of slaves at the time they are required to work on a road, anything in said section to the contrary notwithstanding.

Approved December 10, 1861.

CHAPTER 235.

AN ACT authorizing the sale of Stanton's Revised Statutes.

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

§ 1. That the Secretary of State be, and he is hereby, Five hundred authorized to sell five hundred copies of Stanton's Revised Copies StanRevised Statutes, now owned by the State of Kentucky, at the price Statutes to be of five dollars cash for each copy.

ton's

sold at $5 per

gop7.

paid into the

§ 2. That the money received by the Secretary of State Money to be for the sale of said books, shall be paid by him into the treasury, and treasury of the State, and report to the Legislature, at its next session, the number of copies of the books so sold, and the amount received by him.

reported.

§ 3. This act to take effect from and after its passage.

Approved December 10, 1861.

defined.

CHAPTER 236.

AN ACT to change the boundary line between the counties of Barren and
Allen.

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

§ 1. That the boundary line between the counties of Boundary Barren and Allen be, and is hereby, altered and changed, so as to run as follows, to-wit: Beginning at the junction of Barren, Allen, and Monroe counties, near Jamestown; thence a straight line to Willis Wood's, so as to include him; thence a straight line to W. H. Perdue's, including him; thence a straight line to Jos. Shine's, including him;

thence a straight line to Barren river, at the mouth of Glover creek.

§ 2. That the surveyors of Barren and Allen counties are hereby appointed commissioners to run out and mark said boundary line.

§3. This act to take effect from its passage.

1861.

Line to be run

by whom.

Approved December 10, 1861.

CHAPTER 237.

AN ACT to amend the charter of the Bank of Kentucky.

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

continue cer

§1. That it shall and may be lawful for the Bank of Bank may disKentucky, when the safety of the funds and assets of tain branches any of the branches of said bank shall, in the opinion during the war. of the directors of the principal bank, require the removal of the effects, to do so; and to discontinue the organization during the war; and in lieu thereof, to establish an agency, under such rules and regulations as the principal agencies. bank may prescribe.

May establish

Capital stock

to $3,000,000,

§2. That said bank be, and they are hereby, authorized, with the real estate, suspended debt, and funds out of the may be reduced State, to exchange, by purchase and sale, the stock of said bank, so as to reduce the capital stock to three million of dollars.

§3. This act to be in force from and after its passage.

Approved December 13, 1861.

CHAPTER 241.

AN ACT providing that the absence of a soldier in the service of the United States four months from the State shall be no cause or ground of attachment against said soldier.

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

Exception as to soldiers in attachment

§ 1. That the absence of a soldier in the service of the United States from the State four months, shall be no cause or ground of attachment against the property of said cases. soldier.

§ 2. This act to take effect from its passage.

Approved December 13, 1861.

1861.

Stanton's

Revised Stat

be withdrawn

CHAPTER 259.

AN ACT to amend chapter 106 of the Revised Statutes.

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

§ 1. That the county courts of this Commonwealth shall have power, upon the motion of any of the devisees, legutes, page 470. atees, executors, or administrators, with the will annexed, How will may to direct the original of any wills recorded in the office of from county said court to be delivered to such persons, upon its being clerk's office shown that the said original wills are necessary as evidence for evidence in in any proceeding pending in any foreign government or court, or in any of the States of the United States. § 2. This act shall be in force from its passage.

when needed

another State, &c.

Approved December 14, 1861.

of Practice, p. 294.

CHAPTER 261.

AN ACT to amend section 879 of the Civil Code of Practice.

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

§ 1. That so much of section 879 of the Civil Code of Stanton's Code Practice, which forbids the court of appeals from extending to appellants time for filing transcripts of records beyond Law forbid the first day of the second term of said court after the appeal is granted, be, and the same is hereby, repealed. § 2. That this act shall apply to all civil cases in said day of second court, whether the appeal has been granted before or since term repealed. the date hereof; and the same shall take effect from its

ding Court of Appeals extending time for filing records beyond 1st

passage.

Approved December 16, 1861.

absent persons to be made.

CHAPTER 262.

AN ACT in regard to the duties and powers of assessors.

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

§ 1. That it shall be lawful for the assessors in this ComHow lists of monwealth, in taking the lists of taxable property in their several counties, in the absence of other evidence, to refer to and be governed by the lists of the preceding year, so far as kind and amount are concerned, of all persons in their counties who are absent in the service of the Federal or Confederate authorities: Provided, That property destroyed or lost since the preceding lists were taken, shall not be thus listed or estimated.

§ 2. This act shail take effect from and after the 10th day of January, 1862.

Approved December 16, 1861.

1861.

CHAPTER 270.

AN ACT in regard to the effect of the renunciation of wills by widows. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That when a widow renounces the will of her deceased husband, the same property shall be set apart to her, for the benefit of herself and infant children of the testator, if any, residing in the family, and in the same manner as required by law where the husband dies intestate. 2. That this act take effect from its passage.

Approved December 18, 1861.

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CHAPTER 273.

AN ACT to amend the 221st section of the Civil Code of Practice.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

Stanton's Code

That the 6th subdivision of section 221, of the Civil Code of Practice, p. of Practice, be amended by adding after the words "the 135. plaintiff's claim," " or the claims of defendant's creditors."

Approved December 18, 1861.

CHAPTER 275.

AN ACT to amend the law in relation to runaway slaves.

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

§ 1. That in all cases where a runaway slave is brought before a justice of the peace for commitment, as required by law, when the owner or master, or person from whom the slave made his escape, resides in the county in which the slave is arrested, or in an adjoining county within this State, it shall be the duty of such justice, upon committing the slave to jail as a runaway, forthwith to cause the master or owner, or person from whom the slave made his escape, to be notified of the commitment of said slave, giving the name of the taker-up, and also the place at which the arrest was made; whereupon the master or owner, or person from whom the slave escaped, may, at

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