1862. Banks accept notify Secretly of, notify the Secretary of State of the fact of such acceptance; and said banks, so accepting, shall, with reasonable dispatch, apportion the amount, and indicate the district ing this act to within which the loans are to be made by them respectively: of State. Provided further, That the provisions of this section of this act shall remain in force during the term of three years from and after its passage. § 4. This act shall take effect from its passage. Approved March 14, 1862. CHAPTER 563. AN ACT further to provide for the filling vacancies in the office of sheriff. WHEREAS, It has been represented to this General Assembly that certain evil disposed persons in this State have attempted to subvert and overthrow the Government thereof, by establishing what they denominate a Provisional Government for the State of Kentucky; and that the citizens in some of the counties in said portion of the State have been compelled, by the presence of an armed military force, professing to act under the orders of persons exercising the powers of Government of the so-called Confederate States of America, to submit to the decrees and orders of said Provisional Government; and whereas, also, it has been represented to the General Assembly that in some of the counties of this State the judges of county courts and sheriffs have, in violation of their official duties, adhered to, sympathized with, and given aid and countenance to, said Provisional Government and the Government of the so-called Confederate States of America, and refuse and fail to discharge their respective duties under the constitution and laws of this State, by reason whereof the laws cannot be executed; for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. Whenever the office of sheriff for any county in this State shall become vacant by the failure to execute bond at the time required by law, or by any other cause, and the judge of the county court shall fail to appoint a successor, as provided by existing laws, it shall be lawful for two or more resident freeholders of the county to make affidavit of the vacancy in said office, and the cause thereof, and that the judge of the county court has failed to fill the vacancy, and present the same to the Governor, whose duty it shall be to issue forth with a writ of election, in the form of a proclamation, for the election of a sheriff, to serve until the next regular election, fixing the day for the election not exceeding thirty days from the date of the proclamation. 1862. What affidavit shall state. § 2. The persons who make the affidavit to be presented to the Governor, shall state therein they are loyal citizens, favorable to the perpetuity of the Government of the United States and of this State, and opposed to the Governments of the so-called Confederate States of America and Provisional Government of Kentucky. §3. This act shall be in force from and after its passage. Approved March 15, 1862. Council to pay them into the CHAPTER 564. AN ACT authorizing proceedings against the Governor, members of the Council, and other officers of the so-called Provisional Government, for the recovery of the public revenue seized by them, and for other purposes. WHEREAS, It satisfactorily appears to this General Assembly, that certain persons, styling themselves "Governor and members of the Council of the Provisional Government of Kentucky," have attempted to usurp the powers of the lawfully constituted authorites of the State, and, together with others, acting under the pretended authority of the said Provisional Government, have, in some of the counties of this State, seized upon, and appropriated to themselves, or to the use of the said Provisional Government, the public revenues belonging to the Commonwealth; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the said Governor and Council be, and they Governor and are hereby, directed, jointly and severally, to refund and all revenues, pay into the treasury of this Commonwealth all the public &o.. received by revenues belonging to the State, seized upon, collected, treasury of this or in anywise appropriated to their use, or the use of said Provisional Government, by themselves or by their orders, or by any one acting under their pretended authority; and the said Governor and Council shall be bound to answer, personally, out of their own estate, for said revenue. State. declared to be liable. § 2. That all persons claiming to act as sheriffs, auditors, Other officers commissioners, treasurers, or other inferior officers or agents, and their sureties, if any, under the pretended authority of the said Provisional Government, shall, and they are hereby, declared to be liable for all the public revenue of the State which at any time may have been in their hands or under their control as such officer or agent; and they shall respectively be bound to answer, personally, out of their own estate, for such revenue. §3. For the recovery of these demands, and to enforce How recovered. the liabilities mentioned in the first and second sections of this act, full power and jurisdiction is hereby conferred upon the Franklin circuit court. The proceedings shall be in the name of the Commonwealth of Kentucky, by petition, in one or more actions against all the persons composing the said Provisional Government, and their officers and agents, or against any one or more of them. The action shall be conducted according to the rules prescribed by the Civil Code of Practice, except in such particulars as may be otherwise directed by this act. 1862. issue. Process to § 4. Upon the filing of the petition in the Franklin circuit court, the clerk of that court shall issue a summons against the defendant or defendants, to answer; and also an attachment against the estate of the defendant or Attachment. defendants, for the sum or sums claimed in the petition, and the additional sum of five hundred dollars, to cover the costs of the action. § 5. It shall be sufficient to state in the petition that the Petition. defendant or defendants, without lawful authority, seized upon, collected, appropriated, or had in his custody, the public revenue of the Commonwealth, and the amount sought to be recovered. Affidavit to the petition shall not be required. How process may be served. 6. The summons and attachment may be sent to any county, or to the several counties in the State; but а return that the defendant or defendants could not be found, upon a suminons issued to the county of Warren, where it is represented said Provisional Government is, or was located, shall be deemed sufficient service on the defendant or defendants for the purposes of the action: Provided, That publication, for at least thirty days of the pendency Publication to of the action, shall be made in the Louisville Journal and be made. Democrat before said action, when a return of not found is made, shall stand for trial. § 7. The summons and attachment may be directed to and served by the sheriff, coroner, or jailer of any county in the State; or they may be served by any agent whom the Auditor of Public Accounts may appoint for the pur pose. § 8. No motion to vacate or modify the attachment shall be allowed, except on the final trial of the action. of each defendant. § 9. The Commonwealth, from the time this act takes Lien on estate affect, shall have a lien upon all the estate of each and all defendants, against whom judgments may be recovered under this act, for the satisfaction of such judgment, interest, and costs. § 10. It shall be the duty of the Auditor, Treasurer, and Attorney General, to set on foot and prosecute the actions authorized by this act; and it shall be the duty of all county judges, sheriffs, clerks, and other civil officers in this Commonwealth, to furnish the Auditor with such information as they may possess in relation to the seizure, collection, or appropriation of the public revenue in their Duty of Audi tor. Treasurer, and Attorney Gen'l, and other officers. 1862. others not re respective counties by the said Provisional Government, or by those acting under its pretended authority. § 11. Nothing in this act shall be construed to release Sheriffs and any sheriff, or other officer intrusted with the custody or leased from collection of the public revenue, or the tax-payer from responsibility, in consequence of their having paid such revenue to the said Provisional Government, or to any of its pretended officers or agents. paying taxes. §12. This act shall take effect from and after its pas sage. Approved March 15, 1662. to consist of gons. CHAPTER 565. AN ACT to amend an act, entitled "An act to amend an act for the regulation of the militia and to provide for arming this State," approved May 24, 1861; and an act, entitled "An act to provide for the public defense," approved September 25, 1861. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the fifth section of the act to which this is an Military Board amendment, shall be, and the same is hereby, repealed; only two per- and it is declared that the Military Board shall hereafter consist of two persons, and shall be constituted as follows: John B. Temple, President, and George T. Wood, associate, by whom all the duties of the Board may be performed; and, in the event of the death or resignation of either of them, the other shall discharge all the duties of the Board until the next meeting of the General Assembly. Power given to appoint agents and book-keep er. Board to cause provision to be made for sick officers and soldiers. §2. That said Board shall have power to appoint such agents as are necessary to carry out the object of its creation, and shall fix the compensation of such agents; that the Board shall have power to appoint a book-keeper, and, if necessary, an assistant book-keeper, the former of whom shall be ex-officio secretary of the Board, to be paid such salaries as may be from time to time fixed by the Board. §3. That the Board shall have power, and it shall be their duty, to make such provision as shall be necessary for the protection and comfort of the sick and disabled soldiers and officers of the several regiments, battalions, and batteries of Kentucky volunteers as have been or may hereafter be mustered into the service of the State of Kentucky, not fully provided for and cared for by the United States; and to that end said Board shall have power to employ such sanitary agents, physicians, nurses, &c., and to establish and maintain such hospitals, and to use and employ such other means and agencies as may be necessary for the purposes before named. §4. The Military Board is charged with the duty of making, by themselves or agents, all settlements with the general government for sums expended by the State of Kentucky through the Military Board, Adjutant-General, Quartermaster-General, or other accounting or distributing officer or agent of the State, for and on account of the United States; and said Board is directed to proceed with such settlements with all convenient dispatch; and they are authorized to receive and receipt for to the general government all sums paid on account of such expenditure. 5. The salary of the President shall be hereafter twelve hundred and fifty dollars, and that of his associate one thousand dollars per annum, and traveling expenses to and from his residence to the Capital, and board while here when on official business, until otherwise ordered by the General Assembly, to be paid monthly out of the military fund. 6. This act to take effect from its passage. Approved March 15, 1862. CHAPTER 567. AN ACT to fix the return day of executions. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all executions issued on replevin bonds, or bonds having the force and effect of replevin bonds, executed after the passage of this act, and prior to the 1st Monday in January, 1863, shall be made returnable to the 1st Monday in March, 1863. On replevin bonds hereaf ter executed. How execution turnable. to be made re § 2. That when replevin bonds, or bonds having the Heretofore exeforce and effect of replevin bonds, have heretofore been cuted. executed, and execution has not been taken out on the same, and the sureties in said bond shall, by their indorsement thereon, in writing, consent to the extension of the time for the return of the execution which may issue on said bond, the execution which shall issue thereon shall be made returnable as directed in the first section. § 3. That where executions have been issued on replevin bonds, or bonds having the force and effect of replevin bonds, and the surety shall, by his indorsement, in writing, consent thereto, the execution shall be returned to the office from which it issued; and a new one shall be issued, made returnable as directed in the first section of this act: Provided, That any and all liens and levies that may exist at the return of the execution, shall remain and continue in Executions is sued on replev In bonus, W to be returned and reissued. Liens preserved. |