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CHAPTER 526. AN ACT to legalize certain marriages in this Commonwealth. Whereas, It is represented to this General Assembly, that doubts are entertained as to the legality of certain marriages in this Commonwealth, under license obtained recently from persons claiming to be county clerks, but were not so in fact, and had no legal right to issue such license; and whereas, it is represented that the persons thus married, entered into that relation in good faith, and with the intention of living in all the ties and obligations to each other of husband and wife; therefore, for remedy,

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

1. That all marriages in this Commonwealth, under Qortain marri- such spurious license, from the first day of December, 1861, agres legalized.

to the passage of this act, be, and the same are hereby,

made legal and valid : Provided, This act shall not be Minister's duty construed so as to exempt ministers or other persons who to return tificate of mar: have solemnized the right of marriage in such cases from

returning the certificate of marriage as now required by
§ 2. This act shall take effect from its passage.

Approved March 14, 1862



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AN ACT to amend article 2, chapter 52, of the Revised Statutes, title " 10

spection." Be it enacted by the General Assembly of the Commonucalth of Kentucky:

§ 1. That section 1, of article 2, of chapter 52, of the

Revised Statutes, title “Inspection," be so amended as to Inspection law include, in addition to the articles named in said section, to include by: hydro-carbon oils, or oils made from coal, pretroleum or dro oils, potroleum, &c. well oil, for illuminating purposes.

$ 2. That all such oils, or other product of coal, pretroleum or well oil, made or intended for illuminating purposes, manufactured in this State, or brought into this State for sale, shall, before the same is sold, be duly inspected.

§ 3. The quality of said oils shall be tested by the appliflow tested.

cation of heat; and that all of said oils that will, at a less temperature than 150 degrees, Fahrenheit's thermometer, give out or produce an explosive vapor, shall be deemed

unsafe, and the cask or other package containing the same To be marked shall be so marked by the inspector; otherwise it shall be 'safo' and 'une marked “safe.”

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$ 4. Whoever shall sell, or offer to sell, any cask or other 1862. package of vil, the product of coal, pretroleys or well oil, for illuminating purposes, without first having the same selling or offer duly inspected, or shall, after the said oils have been found ing to sell winto be unsafe by the inspector, sell or offer to sell the same for illuminating purposes, shall be fined twenty dollars for each cask or package so sold or offered to be sold.

$ 5. For inspecting a single cask or package the inspector Inspector's fear shall be allowed fifteen cents; for more than one and less than five, ten cents, and for five or more, five cents each.

$ 6. This act shall take effect from and after its passage.

Approved March 14, 1862.

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AN ACT in relation to turnpike rea is in which the State has an interest.

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

Ø 1. That the managers or directors of all the turnpike How payment roads in which the State is a part owner, hereafter require piken for det the payment of the tolls, as fixed by law, from all persons bo enforced. who travel thereon at the time of passing, unless it shall be previously agreed by the directors of such road that accounts may be kept, to be paid at the end of three months; and in no case shall there be any abatement from the reg. ular charges; and where any such agreement be made, and the party making the same shall fail or refuse to pay the gate-keeper, it shall be his duty to stop any such person, and prevent him or his property from passing till payment is made : Provided, No abatement shall hereafter be made from the tolls fixed by law.

§ 2. That it shall be the duty of the managers of such Eneroachment turnpike roads, where the same has heretofore been, or and road to co

to be removed hereafter shall be, encroached upon by fencing, or other- kept open. wise obstructed, to cause the same to be forth with removed; and it is hereby made their duty to keep the same open the entire width, as required by their respective charters, except where the same passes over an embankment or through a cut; in such cases encroachments may be permitted and remain at the discretion of the board : Provided always, The consent of such board shall be obtained, and an agreement executed by the party covenanting to remove the same whenever required to do so, which covenant shall be entered of record on the order book of such company, and a copy of which, should the original be lost, be received as testimony on any trial.

3. Where any turnpike, as aforesaid, shall be obstructed

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1862. by fences, or otherwise, by any person or persons, and who What proceed

shall not remove the same when notified to do so by ings to be had order of the board, it shall be the duty of such directors structions, &c. to cause the same to be removed without delay as now

directed by law, or may proceed by suit in the circuit court, in the name of the company, to recover the ground with cost, or they may proceed by indictment in the name of the Commonwealth for such obstruction, and shall be governed by the laws now in force for the obstruction of the public highway.

Approved March 14, 1862.


AN ACT to amend chapter 83, of the Revised Statutes, title “Revenue and

Be it enacted by the General Assembly of the Commonwealth of

§ 1. That hereafter, commencing with the assessment of Pive cents per the year 1862, an additional annual tax of five cents upon $100 worth able property each one hundred dollars of value of the real and personal ditionale for estate, subject to taxation for revenue purposes in this revenue.

Commonwealth, shall be paid by the persons assessed, to
be applied to the ordinary expenses of the Government.
§ 2. This act shall take effect from and after its passage.

Approved March 14, 1862.



AN ACT to confine convicts in the penitentiary within its walls. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the convicts in the penitentiary shall be conOnviots not to fined strictly within its walls, and shall not be taken out be worked outside the prison to work, or for other purposes not directly connected with except in cer- the interest and operations of the prison. tain .

2. For every violation of this act, the keeper shall be Penalty on fined one hundred dollars, recoverable by suit in any court keeper.

having jurisdiction thereof, one third of the amount to be paid to the informant, the balance into the State treasury. 83. This act to take effect from its passage.

Approved March 14, 1862.


1862. AN ACT to amend the Code of Practice, sixth sub-division of chapter 221.

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

§ 1. That sub-division 6th of the 22 1st section of the S. Civil Code Code of Practice be, and is hereby, amended, by inserting

of Prac., p. 135.

Civil Code of after the word “remove” the words “ or has removed,” so Prae, a mnended that said sub-division shall read as follows: "Is about to

in regard to at

tachments. remove or has removed his property, or a material part thereof, out of this State, not leaving enough therein to satisfy the plaintiff's claim, or the claims of said defendant's creditors." 2. This act shall take effect from and after its passage.

Approved March 14, 1862.


AN ACT to change the county lines between Greenup and Carter counties.

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

♡ 1. That the county line, as now existing, between the County line counties of Greenup and Carter counties, shall be so

changed. changed as to run from where said county line now strikes

How to run. the Buffalo fork of Tygart's creek; from thence it shall run up the dividing ridge between the two branches of Tygart's creek, (Grassy and Three Prongs,) to where said ridge intercepts the Lewis county line; thence with said Lewis county line to where the original line intercepted said county line.

§ 2. Nothing in this act shall be so construed as to com- Exception as to pel any of the persons residing in the proposed added terri- railroad tax. tory to pay railroad tax in the county to which they may be annexed. $ 3. This act to take effect from and after its passage.

Approved March 14, 1862.


AN ACT to amend an act, entitled “ An act to amend the charters of the

Banks of Kentucky," approved March 8, 1843. Whereas, The banks of issue in Kentucky have, through their representatives assembled at the Capitol, at the solicitation of the joint Committee on Banks, consented to loan the citizens of the State the sum of one million of dollars, in sums of not exceeding one thousand of dollars, the loans and calls to be governed by the provisions of the 15th and

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1862. 21st sections of an act, entitled “An act to amend the

charters of the banks of Kentucky,” approved March 8, 1843; now, therefore,

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

§ 1. That it shall be the duty of the banks of issue of Banks of issue the State of Kentucky, within three months from the pasaccommoda- sage of this act, to loan to the citizens of this Common

, sums not exceeding wealth, upon new accommodations, in sums of not more 21000: $10,000 than one thousand dollars to each individual applicant or sional district. firm, to be repaid in calls of not more than ten per cent.

upon the original amount loaned for the two first one hundred and twenty days the said loan shall run, and not more than twenty per cent. for each one hundred and twenty days it may afterwards run, an amount of not less than one hundred thousand dollars to each congressional district, as said districts are now fixed by law: Provided, If there should not be suitable and satisfactory applications for the amount to which any district may be entitled, on or before the first day of June next, then said banks may lend in

larger sums than one thousand dollars : Provided further, Further pro- That if said banks shall not have loaned the amount stip

ulated within the time stated, for want of proper and satisfactory applications therefor, then the said banks shall continue the offering of such loans upon the terms stated, for and during the year 1862, unless the full amount shall have been sooner taken.

$ 2. It shall be the duty of said banks, in making the How loang loans herein provided for, to divide the sum going to each to be divided 8 m o ng the congressional district among the several counties composeach district.

ing such district in proportion to the number of voters in each county respectively as nearly as may be: Provided, That if there be not good and satisfactory applications from any county for the full amount to which said county may be entitled within ninety days from the passage of this act, then the said banks niay lend the remainder of the share of such county to the citizens of other counties of the same district.

$ 3. That the banks of issue which shall accept the 1st Banks to be re- and 2d sections of this act, shall be, and they are hereby, feiture forfait released from the penalties and forfeitures denounced by ing to pay spe- law, and by their charters respectively, for failing to pay

their liabilities in gold and silver on demand; and it shall

be lawful for said banks to pay out at their counters, receive, May deal in deal in, and lend at par value, the notes of the United States bots treasury Government, which the act of Congress has made a legal D. S.

tender, so long, and no longer, as said notes shall be and remain a legal tender under the laws of the United States: Provided further, That such banks, as accept the provisions of this act, shall, within thirty days after the

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