treasury, in favor of the school commissioner of Lawrence county, being the amount due school district No. 63, in Lawrence county, for school taught in said district during the year ending on the 31st day of December, 1860. § 2. This act to [take] effect from and after its passage. Approved December 23, 1861. 1861. CHAPTER 345. AN ACT to punish certain trespasses in Jefferson, Scott, Mason, Kenton, WHEREAS, Great injury is oftentimes inflicted on divers. citizens of Jefferson, Scott, Mason, Kenton, Campbell, and Woodford counties, by trespasses committed on their gardens, orchards, vineyards, and poultry yards, by persons injuring and carrying off the products of the same; and in order to prevent the evils and injuries arising therefrom, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter, if any person or persons shall unlawfully take, destroy, or carry away any corn, hay, shucks, provender, small grain, field or garden vegetables, or anything of value less than four dollars, which can or may hereafter be grown upon land, or any poultry, or domestic animal of any description whatever, of less value than four dollars, he or they shall be fined not less than five, nor more than fifty dollars for each offense, to be recovered by warrant, in the name of the Commonwealth, before any justice of the peace, or county judge of the county in which such offense may be committed, or by indictment in the circuit court of the county. §2. That any person or persons who shall, without the permission of the owner, or tenant of land, pass through or over any growing crop, he or they shall be subject to a like fine, recoverable in like manner as in preceding section set forth. Prescribing offense and punishment of offenders. to pull fruit, §3. That any person or persons who shall unlawfully Made unlawful pull, knock, or shake off, or cut, plug, or bruise the fruit &c. upon any vine, bush, or tree, shall be subject to a like fine, recoverable in like manner as in section 1st of this act set forth. § 4. That all fines collected under under the provisions To whom fines of this act, shall be accounted for, and paid over to the are to be paid. county commissioner of common schools, by the sheriff, or constable collecting the same, except thirty per cent., which is hereby vested in the county attorney, in all such cases as he may attend the trial thereof, and by such commissioner accounted for as now directed by law. 1861. Punishment of offense. § 5. That any person or persons violating the provisions of this act, shall be entitled to a jury trial. Any slave who laves for like shall be guilty of any of the trespasses in this act defined, shall be punished therefor, upon conviction, by any number of lashes upon his or her bare back, not less than ten nor more than thirty-nine, such slave to be apprehended and tried upon a warrant before any justice of the peace, judge of the county court, or police judge, in and for the county in which the trespass is committed. § 6. The provisions of this act to be in force only within the limits of Jefferson, Scott, Mason, Kenton, Campbell, and Woodford counties. Approved December 23, 1861. CHAPTER 347. AN ACT for the benefit of the Cleaveland turnpike road company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That it shall be lawful for the Cleaveland turnpike road company to erect gates, and charge and collect tolls, in proportion to the distance traveled, upon such portions of the road as now are or may hereafter be completed, according to the rates charged by law on the Lexington and Winchester turnpike road. Approved December 23, 1861. CHAPTER 348. AN ACT for the benefit of Travis Daniel, of Bath county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, directed to issue his warrant on the treasury in favor of Travis Daniel, of Bath county, for the sum of fifty dollars, for boarding two lunatics, by order of the Bath county court, to be paid out of any moneys not otherwise appropriated. § 2. This act to take effect from its passage. CHAPTER 349. AN ACT for the benefit of Dillion White. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor be, and he is hereby, required to draw his warrant on the treasury, in favor of Dillion White, for the sum of eighty-one dollars and sixty cents, money expended by him in carrying to the Western Lunatic Asylum, at Hopkinsville, Keturah Stagner, a pauper lunatic, by order of the Clay circuit court. § 2. This act to be in force from its passage. Approved December 23, 1861. 1861. CHAPTER 350. AN ACT for the benefit of school district No. 7, Meade county. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the trustees of school district No. 7, in Meade county, have the further time of sixty days to report their school. § 2. This act to take effect from its passage. Approved December 23, 1861. CHAPTER 352. AN ACT to amend the charter of the city of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the general council of the city of Louisville City may issue may, from time to time, issue and dispose of the bonds of bonds. said city to an amount not exceeding, in the aggregate, the sum of one hundred thousand dollars, with coupons for semi-annual interest, and having such maturities, not exceeding five years from their date, and payable at such times and places, and in such sums, as may be expressed in said bonds. § 2. That, in order to provide for the payment of said bonds, the said general council may, from year to year, for the next five years, if needed, levy a special tax, not exceeding fifteen cents on each one hundred dollars valuc of taxable property in said city, in addition to the taxes otherwise authorized by law; and, if they deem it expedient to do so, may pledge the proceeds of said special tax to the payment of the said bonds. General coun; to levy special cil empowered tax. 1861. May dispose of bonds. amended. is to be apprɔpriated. § 3. That the general council may dispose of the said bonds, or appropriate the proceeds thereof, at not less than par towards the liquidation and payment of any debts or liabilities contracted or incurred by the general council, for the use of the city, beyond the amount of the revenues of the fiscal year in which such debts were contracted. § 4. That so much of the 6th article of the charter of City charter said city, approved March 24, 1851, as relates to the license. of vehicles, be amended so that hereafter the general council may require to be licensed all vehicles running within said city, and as to all such the said council may exercise, in its discretion, the power to regulate the same. 5. The money realized from the bonds authorized to How the money be issued by this act, shall be appropriated to the payment of debts already incurred by the city council, and not otherwise; and further, that the sense of the legally qualified voters of the city of Louisville shall be first taken, whether or not the tax herein provided for shall be levied; the vote of the said qualified voters for said purpose to be taken on twenty days' notice, published in the several newspapers of said city; the election shall be conducted as is usual for elections of city officers, and the voter shall be asked: "Are you for or against the tax?" and his answer recorded. § 6. That this act take effect from its passage. Approved December 23, 1861. CHAPTER 354. AN ACT for the benefit of the estate of Dr. John L. Scott, deceased, and Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the administrator of Dr. John L. Scott, deceased, late of Larue county, and Samuel Osenton, administrator of J. P. Seybold, deceased, be, and they are hereby, allowed, in addition to the time now allowed by law, the further time of two years to collect and settle up the estates of said decedents. § 2. This act to take effect from and after its passage. Approved December 23, 1961. CHAPTER 355. AN ACT for the benefit of Greenville Burch, of Hart county. WHEREAS, Capt. Thomas Burch, of Hart county, had entered the service of the State as a volunteer for three years, and was regularly sworn in; and whereas, said Burch was killed in a skirmish before he had received pay for his services; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, authorized to issue his warrant on the Treasurer in favor of Greenville Burch, the father of said Burch, for the sum of thirty dollars, to defray his funeral expenses. § 2. This act to take effect from its passage. Approved December 23, 1861. 1861. CHAPTER 356. AN ACT for the benefit of the sureties of W. A. L. B. Sharp, sheriff of Estill county. WHEREAS, A controversy has arisen between the sureties of W. A. L. B. Sharp, sheriff of Estill county, for the collection of the public revenue for said county in the year 1859, and the sureties of the same sheriff for the collection of the public revenue, in same county, for the year 1860, as to the propriety of the credit for about the sum of nine hundred dollars paid into the public treasury by one of the deputies of said sheriff in the year 1860, and which the Auditor of Public Accounts applied as a credit upon the judgment against said sheriff and his sureties for the revenue of 1859; now, for the purpose of settling said controversy between said sureties in a summary way, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the sureties of said sheriff, or any of them, upon giving ten days' previous notice to the others, may move the Franklin circuit court to correct said credit by ordering it to be properly applied, as between said sureties; and said court shall have full power and authority to hear and determine said controversy, according to the just rights of the said sureties: Provided, however, That nothing in this act shall authorize said court to alter or change the said credit, so far as the State, as a creditor of said sheriff and his sureties, is concerned; but the same, to that extent, shall remain as entered by the Auditor. 2. This act shall take effect from and after its passage. Franklin circuit court to adjudicate the matter. |