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1861.

CHAPTER 314.
AN ACT to protect public examinations of schools, seminaries, and colleges in

this State.
WHEREAS, Great inconvenience frequently occurs to pub-
lic examinations of schools, seminaries, and colleges in this
Commonwealth, caused by noisy bad men and boys; to
remedy which, therefore,

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

$1. That should any person or persons willfully disturb Penalty for dig- any school, seminary, or college in this Commonwealth, turbing public while the students of the same are undergoing a public of schools. examination, such offender or offenders shall be deemed

guilty of a misdemeanor, and upon conviction, shall forfeit and pay to the Commonwealth a sum not exceeding twenty-five dollars each for each offense.

§ 2. The parties so offending may be proceeded against llow offenders by indictment of the grand jury of the county in which the to bonproceeded offense is committed, or before a justice of the peace or

police judge of a town, on a warrant issued by them ; & jury to be had in all cases.

§ 3. The parties so offending may be arrested and held Bail. to bail for their appearance before the proper tribunal ; and

should they, or either of them, be fined, they shall not be Fine to be paid discharged from custody until they pay the fine and cost of party to go to trial, or give good and sufficient surety for the same, havjail.

ing the effect of a replevin bond; and in case of failure to
pay the fine or replevy the same, the offender shall be com-
mitted to the county jail, and shall remain there at the
rate of one day for every two dollars of the fine and cost
so assessed against him or them, until the same is so can-
celed and satisfied.
$ 4. This act shall take effect from and after its passage.

Approved December 21, 1861.

CHAPTER 315.

AN ACT to define the duties of attorneys for the Commonwealth. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

91. That it shall not be lawful for attorneys for the Commonwealth to take fees to defend, or to defend persons charged with crime, in any court held within their respective judicial districts. $ 2. This act to take effect from and after its passage.

Approved December 21, 1861.

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196.

CHAPTER 324.

1861. AN ACT creating the office of Public Binder, and repealing so much of article

1, of chapter 5, of the Revised Statutes, as authorizes the Auditor to make contracts for binding the public books.

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

§ 1. So much of chapter 5, article 1, of the Revised Stat- IS. R. S., D. utes, as directs the Auditor of Public Accounts to contract for the binding of journals, acts, and legislative reports, be, and the same hereby is, repealed.

92. The office of Public Binder is hereby created. He Office of Publie shall be elected by the joint vote of the two Houses of the Binder created. General Assembly at the present session, and every two years thereafter, and shall execute all of the public work required at the seat of government. The term of office of Term of ofhoe. the person elected at the present session shall commence the first day of January, 1863, and end first Monday in August, 1864; and the term of office of the person elected after the present session, shall commence the first Monday in August succeeding his election, and continue two years.

3. Before entering upon the duties of his office, the Bond to be givPublic Binder shall execute a covenant, with two or more good sureties, to be approved by the Governor, conditioned for the faithful execution of the public work; and he shall, moreover, take the oaths prescribed by the constitution of Oath. this State. The covenant and a certificate of having taken said oaths shall be deposited in the office of the Auditor of Public Accounts for safe-keeping.

§ 4. The prices for the work executed by the Public Prices of work. Binder shall not exceed the amount heretofore paid by the State, as shown by the contracts made by the Auditor; and the account of the Public Binder shall receive the approval of the Governor before any money is paid thereon. $ 5. This act shall take effect from its passage.

.
Approved December 21, 1861.

en.

CHAPTER 330.
AN ACT to amend the law in regard to the election of military officers.

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

§ 1. That hereafter any regularly commissioned military Military eleeofficer in the service of the State of Kentucky, not less in Gucted".

tions, how conrank than captain, shall have the same power and authority that the county judges and justices of the peace now have in superintending and conducting military elections ; and the certificate of the officer so acting shall be as good and valid as that of the county judge or justice of the peace now is.

1861. 82. That the elections already held by any military offiBlactions here. cer, and reported to the Military Board, if approved by toforo held con- said Board, shall be deemed legal and valid; and the offiformed.

cers elected shall be entitled to their commissions as though the election had been conducted by a judge or justice of

the peace.

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

Approved December 23, 1861.

CHAPTER 331.

AN ACT in relation to the appointment of common school commissioners.

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

1. That the justices of the peace and the presiding County.com. judge of the various counties of this Commonwealth, shall

, comm'n schools at the court of claims to be held in and for the counties how elected.

aforesaid, for the year 1862, and every two years thereafter, proceed to the election of a commissioner for each of their

respective counties; said commissioner shall continue in to give bond. office for the period of two years, shall give the same bond,

be governed by the same regulations, and subject to the same penalties, as required by existing laws.

§ 2. Justices of the peace in the city of Newport, Campo bell county, and Covington, Kenton county, shall constitute a part of the court of claims in said counties for the purpose of holding said elections.

§ 3. In the case of the death, removal, resignation, of Vacancy, how inability of the commissioner elected by the court of claims

of any county to act, the presiding judge of said county is hereby authorized to appoint a successor, to continue in office until the succeeding court of claims is held in said county

§ 4. Any law or laws now in force authorizing county judges to appoint school commissioners are hereby repealed. § 5. This act to be in force from its passage.

Approved December 23,

1861.

CHAPTER 333.
AN ACT to change the time of holding the circuit courts in Montgomery, Pow-

ell, Pike, and Floyd counties.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky :

1. That hereafter the Montgomery circuit court shall be held at the time that the Floyd circuit court is now held; and the Powell circuit court shall be held at the time the

Montgomery.

Powell.

Pike circuit court is required to be held; and the Floyd cir- 1861. cuit court shall be held at the time the Montgomery circuit

Floyd. court is required to be held; and the Pike circuit court Piko. shall be held at the time the Powell court is now required to be he'd.

§ 2. All process that has been, or shall be, issued from Process, de. the office of the clerks of said courts, shall have the same effect as if returnable to the times said courts are directed by this act to be held. $3. This act shall take effect from its passage.

Approved December 23, 1861.

CHAPTER 343. AN ACT to distribute public books, &c. WHEREAS, The Secretary of State has exhausted all the means within his power to have the public books and documents of this State distributed in accordance with the present law, and in consequence of the present military difficulties existing in this State ; and whereas, the said public books and documents are likely to become ruined, and are now damaged in consequence of being in so large a bulk; therefore,

Be it enacted by the General Assembly of the Commonweulth of Kentucky: 1. That the Secretary of State be authorized to adver

Secretary to tise in the two papers of this city, and also in the Louisville advertise for Journal and Democrat, for birls to distribute the aforesaid ute books. books and public documents to the different districts, as heretofore laid off and apportioned; said advertisements to be continued and bids received till the 1st of January, 1862, and the contracts to be awarded to the lowest and best bidder.

$ 2. That in the event no bids are made for distributing May distributo the aforesaid books, &c., throughout the whole State, and bids are given, certain districts are not bid for, or the bids are too high in requiring bond. the opinion of the Secretary of State, then the Secretary is hereby authorized to have said books and public documents distributed to such counties as he reasonably can, requiring bond and good security of the contractor to faithfully perform his duties, furnishing vouchers to the General Assembly of his action in the premises.

3. That the Secretary of State be authorized to procure a suitable room for storing away and keeping safely the aforesaid public books and documents, &c., and that he make report of the amount and number of books, &c., left on hand, undistributed, to the General Assembly. § 4. That the Secretary of State be authorized to draw

Sooretary to his warrant on the Auditor for paying off the persons draw warrant

pay. employed to transport the books, public documents, &c.,

1861.

in accordance with the provisions of this act: Provided, That the amount so drawn does not exceed in the aggregate, for the whole State, the sum of fifteen hundred dollars.

ộ 5. That the Secretary of State be authorized to furnish to such counties as he can, the books and public documents, &c., aforesaid, contiguous to the county of Franklin : Provided, That the cost of transportation, &c., shall not exceed the sum of five dollars for each county. § 6. This act to take effect from its passage.

Approved December 23, 1861.

CHAPTER 346. AN ACT regulating holding of elections in insurrectionary districts WHEREAS, In a portion of this State the lawful authority of the United States and the State of Kentucky is set at defiance; and within such district a revolutionary government is attempted to be set up, and many people are adhering thereto; as there are, however, within such rebellious part of the State, many loyal citizens who should not be deprived of voting, but who may be by the failure of sheriff's and other officers to discharge their duties; for remedy whereof,

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

§ 1. That upon the failure of the sheriff or other officer How elections in said rebellious portions of the State, whose duty it is by rebellious dis law to hold elections, or whose duty it is to appoint officers tricts. of elections, or either or any of them, to discharge their

respective duties as required by existing laws; and shall fail to open the polls by nine o'clock, A. M., on the day of election, then any three loyal citizens, residents of the precinct in which said election is to be held, and who shall be legal voters under the constitution and laws of this State, are hereby authorized and empowered to open the polls and receive the votes of such persons presenting

themselves as are legal voters. And the person or persons Returns to be thus holding the election shall make return of the pollmade. books as now required by law, unless the county officers to

whom any such return is required to be made, are in rebellion against the State or national government; in such case the return shall be made to the Secretary of State, Governor, and Attorney General. Said persons so holding

elections shall, in all cases, accompany their return with Aflidavit nec- an affidavit of the failure or refusal of the proper officers Os ary.

to hold said elections; and when said returns are thus made, it shall be valid and binding in all respects as if regularly held under the provisions of the laws now in force. When, under the provisions of this act, returns are

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