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1861. other property, is returned; and said Board is authorized Board may sue to retake such property, and, for that purpose, to sue in for and retake the name of the Commonwealth. such property.

§ 3. If any person shall remove, conceal, or dispose of Penalty for ro- any of the property mentioned in the first section of this cealing, or dis: act, so as knowingly to prevent or hinder the return thereposing of same. of, or to hinder or prevent the State from retaking such

property, he shall be guilty of a felony, and, on conviction thereof, confined in the penitentiary not less than one nor more than two years.

$ 4. Said Board is authorized to provide for the protection Board may pro- and security of all of the property of the State mentioned tion & security in this act, and the railroads and locks and dams in this of locks, dams State, and to that end may employ a police force, at the other state cost of the State, that may, in the discretion of the Board,

be sufficient for the purpose.

$5. That the sheriffs, constables, jailers, marshals of disobeying

Benalty for towns, and police officers of the State, are commanded to ders.

obey the lawful orders of said Military Board in regard to
the property mentioned herein; and if any shall fail so to
do, he shall be fined in a sum not less than fifty nor more
than two hundred and fifty dollars.
§ 6. This act to take effect from its passage.

Approved September 23, 1861

CHAPTER 51.
AN ACT to amend an act, entitled "An act for the regulation of the militia,

and to provide for the arming of the State," approved May 24th, 1861; and
also to provide further for the

public defense. WHEREAS, The hostilities which threatened the peace of the State at the time the act to which this is an amendment was passed, has been followed up by the wanton and unjustifiable invasion of Kentucky by the armed forces of the so-called Confederate States, and war has thus been forced upon the good people of the State; wherefore it becomes the solemn duty of this Legislature, without delay, to provide means for the public defense; therefore,

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

$1. That it shall and may be lawful for the Board of Military Board Commissioners created by the act to which this is an sa thorized to amendment, to apply the funds, or any part thereof, which act of May 21, the said Board was authorized to borrow, under the pro1861, to defense of the State. visions of said act, to the defense of the State, in such

manner as they, in their discretion, may deem most advis

able. Additional $1,

§ 2. That the said Board of Commissioners shall be, and 000,000 author- they are hereby, authorized and empowered to borrow for

From whom

and on the credit of the State the additional sum of one 1861. million of dollars, to be by them applied to the object set ized to be borout in the first section of this act.

rowed. $3. That the said Board shall have power and author

money to be ity to procure the loans provided for in the act to which borrowed. this is an amendment, and that authorized by the preceding section, from any incorporated or private bank, or from any other moneyed institution, or from individuals, either in or out of this State; and for which certificates shall be issued by the Board, and upon the presentation of which Bonds to be ex. the bonds of the State shall be executed by the Governor, for. and delivered to the lender, payable at such time and place as may be agreed upon, not less, however, than ten years from date; bearing interest at the rate of six per centum per annum, the interest to fall due semi-annually.

4. That for the purpose of providing means for the Additional 5 ct® payment of the debts created by the State under the pro- taxable propervisions of this and the act to which this is an amendment, ty levied. and the accruing interest thereon, an additional tax, in aid of the sinking fund, commencing with the year 1862, of five cents upon each one hundred dollars of value of the real and personal estate directed by law to be assessed for taxation, shall annually be paid by the persons assessed; and which shall be collected and paid into the public treasury in the same manner the other revenue of the State is by law required to be collected and paid.

9 5. That the Board of Commissioners created by the Board reorguaact to which this is an amendment, be, and the same is

izod. hereby, reorganized; and said Board shall hereafter be composed of the following persons, to-wit: Peter Dudley, Samuel Gill, George T. Wood, Edmund H. Taylor, and John B. Temple, a majority of whom shall constitute a board for the transaction of business. $ 6. This act shall take effect from and after its passage.

Approved September 25, 1861.

CHAPTER 53.

AN ACT to amend the 9th section of chapter 35, Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the 9th section of chapter 35 of Revised Statutes 1 S. R. S., D. be so amended as that the provisions thereof, with regard 406. to circuit courts, shall apply to all the chancery and criminal courts of this Commonwealth.

Approved September 26, 1861.

1861.

CHAPTER 63.
AN ACT to amend the law in relation to the Board of Internal Improvements.

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

1. That section four, chapter fifty-four, of Revised 2 S. R. S., p. Statutes, be, and the same is so amended, that the Board When and how of Internal Improvement may have until the tenth day of Int. Improvint January, in each year, to make and return the report to report. required of them by said section in relation to its actions

and doings, and the condition of the works; and when the Legislature is not in session, may make such report to the Governor.

§ 2. This act shall apply to the proceedings of the Board not yet reported to this Legislature, and shall go into effect from its passage.

Approred September 26, 1861.

CHAPTER 61.

AN ACT for the benefit of the Southern Bank of Kentucky. Whereas, It is represented to this General Assembly that the coupons of interest, or dividend warrants for interest, due July, 1861, on the following five bonds of the State of Kentucky, viz: Nos. 85, 111, 173, 326, and 1,492, were cut off from said bonds, and have been accidentally lost or destroyed; that said bonds, and said lost or destroyed coupons or warrants, amounting in the aggregate to the sum of two hundred and forty dollars, were, at the time of their loss, the property of the Southern Bank of Kentucky, now, for remedy whereof,

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

§ 1. That upon the execution of a bond of one or more Sinking Fund residents and citizens of the State of Kentucky, to be thorized to pay approved by the Commissioners of the Sinking Fund, conSot their bank ditioned to save harmless and indemnify the State of

Kentucky against all loss or payment on account of the coupons of interest or dividend warrants aforesaid, the said commissioners are hereby authorized to pay to the president and directors of the Southern Bank of Kentucky the said sum of two hundred and forty dollars, in full satisfaction of said coupons or warrants.

§ 2. That before any such payment shall be made, the Evidence of said president or other officer of said Southern Bank shall whip to be filed file with the commissioners the evidence of the loss and wita comm'rs. ownership of said coupons, and no payment shall be made

Ky.

1861.

unless they are satisfied of such loss and ownership as
above represented.
83. This act shall take effect from and after its passage.

Approved September 26, 1861.

CHAPTER 66.
AN ACT to appropriate money for the purpose of inclosing and protecting the

building for the Education and Training of Feeble-minded Children.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky :

$1. That there be, and is hereby, appropriated the sum of twenty-five hundred dollars, out of any money in the treasury not otherwise appropriated, for the purpose of inclosing and protecting the building for the Education and Training of Feeble-minded Children.

§ 2. That the said sum of twenty-five hundred dollars shall be drawn upon the order of the Board of Commissioners of the Institution for the Education and Training of Feeble-minded Children in sums not more than eight hundred dollars each month. $ 3. This act to take effect from and after its passage.

Approved September 28, 1861.

CHAPTER 91.

AN ACT to amend 3d article of 86th chapter Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky § 1. That in all cases wherein a decree for the sale of an

2 S. R. S.. p. infant's real estate has been rendered in any of the courts 304.

defective of this Commonwealth, upon the petition of the guardian sales of infant's of such infant, without such infant's having otherwise been real estate maj

rendered made a party, and a sale or sales of the estate have been valid. made under such decree, it shall be lawful for the guardian of such infant or infants to file an amended petition in the court in which the proceedings were had, making such infant a party thereto, either plaintiff or defendant reciting the facts of such proceeding, decree, and sale, and averring that such sale, as made, was beneficial, and had redounded to the interest of such infant; which petition shall, by the guardian, be sworn to.

§ 2. Upon the filing of such petition, and the parties Proof may be thereto being regularly before the court, it shall proceed court, and deto hear proof, and if satisfied of the truth of such petition, cree rendered.

may render a decree confirming such original decree and sale, which shall render the same as valid and binding, in

1861. all respects, as if the original proceedings had been in

every particular according to the requirements of the law.

§ 3. It shall be the duty of the attorney for the CommonAttorney for wealth, upon the investigation of the truth of such petiwealth to reption, to attend and represent the interests of such infant, Fosent the in- for which the court may allow to him a reasonable fee, to

Fee may be be paid by the plaintiff. allowed.

This act to $ 4. This act shall take effect from its passage, and contwo years only. tinue in force for two years thereafter, and no longer.

Approved September 30, 1861.

CHAPTER 96.

AN ACT for the benefit of certain sheriffs of this Commonwealth, and their

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

§ 1. That it shall and may be lawful for the several sherSheriffs again't iffs, and the late sheriffs of this Commonwealth, and their have been to be sureties in their official bonds for the collection of the pubtaipod may pay lic revenue in their respective counties, and against whom instalments. judgments have been rendered in the fiscal court of this

Commonwealth, to pay into the public treasury the amount of the judgments for the revenue in the hands of said sheriffs, in quarterly installments, within one year

from the time this act takes effect, with the interest and Provided they costs thereon: Provided, That the said sheriffs, and their roplovy.

sureties, shall replevy said judgments, payable in installments as aforesaid, by giving bonds with good personal security, to be approved by the officer taking the same, stipulating for the faithful payment of said installments, and the interest thereon, into the public treasury, when they shall respectively fall due.

§ 2. The sheriff or other collecting officer in whose How replevin hands executions on said judgments may be for collection, bonded to be ex- shall have power and authority to take said bonds; or if

such executions have been returned, and not re-issued, such bonds may be executed before the clerk of the Franklin circuit court; and all such bonds, executed according to the provisions of this act, shall be as legal and effectual in all respects as other replevin bonds taken under the laws now in force upon that subject, and upon which execution may issue when due, as in other cases: Provided

further, That none of the provisions of this act shall be so Lion preserved. construed as to release the lien in favor of the Common

wealth upon the property of said sheriffs and their sureties for the public revenue due by the said sheriffs.

§ 3. If each and every of the installments aforesaid shall be promptly paid into the public treasury, on or before the

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