on the day fixed for the meeting of the company, from which the drafts, or from which those who report themselves are taken. The drafts, those who report themselves for service, and the substitutes, shall attend accordingly at the court-house designated. Any one who has been drafted, or who has reported himself for service, or who has been accepted as a substitute, according to the provisions of this act, who fails to attend at the court-house designated, as is herein required, may be, at any time thereafter, arrested and fined by a military court, in a sum not exceeding one hundred dollars, to be retained from his pay, and compelled to perform duty as a soldier in the army from date of his arrest, for a period of time equal to that he should have served, unless he shall furnish an ablebodied substitute to perform the tour of duty required. In that event the able-bodied substitute shall be accepted, and the person arrested discharged. If the person arrested will neither perform duty as a soldier in person, nor furnish a substitute, he may be punished for disobedience of orders, according to the rules and articles of war. § 16. When the drafts and others raised for service under the provisions of this act are convened at the court-house, as is herein directed, or when they may be convened at a place of rendezvous in larger numbers, it shall be the duty of the Governor to cause elections of regimental and company officers to be held by them, according to the constitution and laws of this State; and he shall commission the officers thus elected. The Governor shall appoint all necessary officers and agents to conduct such elections, and prescribe the manner in which they shall conduct the elections, and report to him who are elected to fill the various offices: Provided, however, That in organizing companies they shall be composed of men taken from the same county, if practicable; and if there be not enough men from a county to form a company, then the men from adjoining counties shall be amalgamated for the purpose. Regiments shall be formed out of companies as may be directed by the Governor. § 17. When the companies and regiments have been completed, according to the provisions of this act, they shall be mustered into the service of the United States, and in all matters not herein expressly provided for, it shall be the duty of the Governor to comply with the "regulations for the enrollment and draft of the militia," prescribed in General Order, No. 99, by the Secretary of War, dated August 9th, 1862. 1862. Penalty for failing to report. Elections to be held, and how. Companies and formed. regiments--bow How mustered into service Drafting no suspended as to § 18. No drafting of the militia shall be suspended or delayed in consequence of the absence or non-attendance absent persons. of any person liable to be drafted; the Commissioner or Commissioners and clerk superintending the drafting shall see that full justice is done to all such absentees. The 1862. ers to be select ed. proclamations made in pursuance of this act shall be full notice to all such absentees, as it is their own fault if they are not present to hear them. § 19. It shall be the duty of the Commissioner to select a Clerk and oth- competent person to act as clerk, and the persons constituting a company may select two of their number, if they deem proper to do so, to see that the tickets are properly prepared, and that no error or fraud is committed. The persons thus selected shall have seats to the right and left of the clerk. Persons per forming tour of duty not subject to be drafted again. how to be conducted. § 20. All persons who may perform a tour of duty under any draft, and all substitutes and persons who perform a tour of duty to relieve a class from actual draft, shall not be again subject to draft until all others in the company to which he may belong have served an equal length of time, provided there be enough members of the company in that condition to meet a subsequent requisition for troops; and all persons who have heretofore served as an officer or soldier in any branch of the army of the United States, or of the militia called and mustered into the service of the United States, for a period of nine months, and all those now in service, or legally enrolled as volunteers for service, shall be exempted from the first draft made under the provisions of this act. § 21. All drafts of militia hereafter made shall be conDraft hereafter; ducted under the provisions of this act, so far as they relate to the formation of companies into classes, with a view to obtain a man from each class. But whenever hereafter the militia is completely organized and officered, and a requisition is made for troops, if they are not raised by volunteers, it shall be lawful for the Governor to designate and detail the officers already in commission from the organized militia and attach the men when drafted to the commands of such officers. of commissioners and clerks. § 22. The Governor shall cause to be paid to the ComCompensation missioners and Clerks appointed to execute the provisions of this act a reasonable compensation for their services not exceeding four dollars per day whilst in actual service, to be reimbursed by the United States, and for this purpose it shall be the duty of the Auditor to draw his warrant upon the Treasurer from time to time in favor of the Governor for the sums necessary to pay said Commissioners and Clerks. failing to attend draft. 23. The rolls made out by the Commissioners shall be deposited by them after the draft is over in the Adjutant General's office. § 24. Should any person liable to draft, when physically Penalty for able to do so, fail to attend at the time and place of the draft, he shall be fined in a sum not less than ten dollars, nor more than fifty dollars, to be collected as other fines are now collected; and it shall be the duty of the Com missioner to deposit with the Clerk of the County Court, to be a record in his office, a list showing the names of all such absentees, and to transmit to the Adjutant General a like list. § 25. It shall be the duty of the County Attorney to collect all the fines mentioned in the foregoing section, and pay the same into the treasury; and should he fail to pay over any of the money so collected, within four months after collection, he shall forfeit his office and license. § 26. The list of absentees, in the Clerk's office, or a certified copy thereof. shall be prima facie evidence that the person was absent. § 27. This act shall take effect from its passage. Approved August 26, 1862. 1862. Who to collect fines. CHAPTER 624. AN ACT to amend sections 3d and 4th, of article 2d, of chapter 17, of the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That sections 3d and 4th, of article 2d, of chapter 17th, of the Revised Statutes, be and the same are hereby so amended, that the minutes of each day's proceedings may be signed by the presiding judge of the court; and the mandates of decision, and all other orders of the court, as drawn up by the clerk, may be signed at any time before the adjournment of the term, which shall have the same effect as if each day's proceedings were signed as now prescribed by law. Approved August 28, 1862. CHAPTER 625. AN ACT to amend article 18, chapter 36, section 4, of the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the above section be so amended that sheriffs, and other like officers of the circuit and equity courts, and collecting officers of the inferior courts of this Commonwealth, and their securities, shall not be made responsible for the thirty per cent. damages for not returning executions in the time prescribed by law, if at the commencement of the proceedings, said officer had fully paid the plaintiff; or if said execution had been partly paid, then they should be responsible for damages only on the part remaining un 1862. paid; and in lieu of the damages heretofore given, but changed and repealed by this act, they shall be liable to a penalty of not less than ten nor more than one hundred dollars, at the discretion of the court, for failing to return execution in the time prescribed by law. § 2. This act shall take effect from and after its passage. Approved August 28, 1862. CHAPTER 626. AN ACT to dispense with the Military Board. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the duties heretofore imposed by law upon the Military Board shall hereafter be discharged by the Executive department of the Government, and all the books, papers and records of said Board shall be transferred to the office of the Adjutant General and Quarter Master General; and all funds now held by said Board shall be transferred to the credit of the State, subject to the draft of the Governor for military purposes. § 2. The Adjutant General and Quarter-Master General are hereby authorized to employ such clerks as may be necessary to keep up the business of their offices, at such rate of compensation as may be approved by the Governor; and the salaries of said clerks shall be paid by the Treasurer, upon the certificate of the respective officers. § 3. It shall be the duty of the Military Board to settle their accounts with the Governor, or such person as he may designate, which settlement shall be reported to the Legislature at its next session. § 4. The Governor shall have the same power and authority to borrow money, for military defense of the State, heretofore conferred on the Military Board under the several acts upon that subject. § 5. This act shall take effect from its passage. Approved August 28, 1862. Penalty for holding meetings, &c., to promote secession, disunion, &c. CHAPTER 627. AN ACT to amend the penal laws. Be it enacted by the General Assembly of the Comonwealth of Kentucky: belong to any them to be in § 1. That if any person shall, within this State, hold any secret or public meetings, or unite with, or secret club or association, known by him or tended to effect, promote or endanger the separation or se cession of this State from the Government or union of the United States, or to effect. promote or encourage the incorporation or union of this State with the so-called Southern Confederacy, every such person, upon conviction thereof, shall be confined in the penitentiary not less than one nor more than five years. 1862. Penalty for levying war against this § 2. If any person shall conspire, or combine with others, to levy war against this State, or give aid and comfort to the enemies of this State, whether foreign or domestic, State. within this State or elsewhere, and convicted thereof, shall be confined in the penitentiary not less than one nor more than five years. § 3. That if any person or persons in this State shall knowingly display to public view, what is commonly designated the secession flag, or any like symbol, with the view and intent to excite seditious feelings, it shall be deemed evidence of disloyalty, and shall be, in law, a misdemeanor, and upon conviction thereof punished by a fine of not less than fifty nor more than one hundred dollars. § 4. That if any person shall, within this State, seduce, entice or persuade any other person to commit any of the offences which are prohibited by this act, and such offence be committed, the person who so seduced, enticed, or persuaded, shall on conviction, be sentenced to suffer such punishment as the person committing said offence would be liable to suffer for the crime so committed by him. 5. If any person within this State shall seduce, entice, or persuade any other person to commit any of the offences which are prohibited by this act, though such offence has not been committed, the person who so seduced, enticed, or persuaded another, shall be deemed guilty of a misdemeanor, and, on conviction thereof, fined a sum not less than fifty nor more than one hundred dollars. Approved August 28, 1862. Penalty for displaying seces sion flag. Penalty for per to commit any of the acts prolaw. suading others hibited by this CHAPTER 628. AN ACT to amend an act, entitled, an act concerning the collection § 1. That the provisions of the act to which this is an amendment, shall extend to and embrace the public revenue and county levy for any and all years previous to 1861. § 2. The time allowed by the first section of the act, to which this is an amendment, for the appointment of collectors of the public revenue and county levy, under the provisions of said act, shall be, and the same is hereby extended until the first day of February, 1863. |