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the county judge, shall be filed in the office of the circuit court clerk.
§ 2. That such orders for claims heretofore rendered by the circuit court. and properly certified by the clerk of said circuit court, shall be paid by the treasury on the warrant of the Auditor, without requiring the transmission of the original orders made by said court. § 3. This act shall take effect from its passage.
Approved August 30, 1862.
Be it ena cted by the General Assembly of the Commonwealth of Kentucky :
That the August term of the Washington circuit court, for the trial of criininal, penal and equity causes, be and the same is hereby abolished.
Approved August 30, 1862.
Eden, approved March 1, 1860.
$1. That said act be so amended, that upon filing with the Register of the Land Office for the State of Kentucky, a copy of the certificate of the entry, or a copy of the entry of said land, from the books of the land office for the district west of the Tennessee river, certified by the Receiver of said land office, then it shall be the duty of the Register of the Land Office for the State of Kentucky, to issue said patent to said James G. Eden. V 2. This act shall take effect from its passage.
Approved August 30, 1862.
twelve months Kentucky volunteers
§ 1. That the Adjutant General of the State of Kentucky be directed to cause to be paid to the twelve munths
mounted volunteers, recruited under the late call of the United States, who may be mustered into the service of the United States, the sum of twenty-five dollars each, at the time they shall be so mustered, or at the earliest convenient day thereafter : Provided, That the sum so paid shall be regarded as in lieu of all claims for bounty from the United States to which they may be entitled under and by virtue of their act of enlistment: Provided, also, That the payment of said sum shall not prejudice their claim to the one month's advance pay heretofore provided for.
§ 2. That for the purpose of executing this law, the Adjutant General is authorized to draw his warrant on the military fund for a sum sufficient to make the payment herein ordered, and that he file the receipts or pay-rolls therefor in the pay department of his office, for examina tion and inspection. $3. This act to take effect from its passage.
A pproved August 30, 1862.
AN ACT to amend section 9, chapter 47, Revised Statutes, title “ Hus
band and Wife." Be it enacted by the General Assembly of the Commonwealth of Kentucky :
$1. That no person shall solemnize marriage until, in addition to the present requirements of law, he shall file in the office of the county court of the county of his residence, a written affidavit subscribed by him, and sworn to before some person legally authorized to administer an oath, of the following purport and effect, viz: “I do solemnly swear, (or affirm, as the case may be,) that I will support the Constitution of the United States, and the Constitution of this State, and be faithful and true to the Commonwealth of Kentucky, and the laws and government thereof, so long as I continue a citizen thereof; and I do further solemnly swear, or affirm, that I will not aid, assist, abet, or comfort, directly or indirectly, the so-called Confederate State:, or those now in rebellion against the United States, or the State of Kentucky, so long as I continue a citizen of this State, so help me God."
§ 2. That any person who shall, after this act takes effect, solemnize marriage, without first complying with the provisions of the first section of this act, shall be guilty of a misdemeanor and shall be subject to fine, for every such offence, upon the presentment of a Grand Jury, of not less than fifty nor more than five hundred dollars. § 3. This act to take effect from its passage.
Approved August 31, 1862.
tv and criminal courts to make persons entitled to inherit as heirs-at-
Be it enacted by the General Assembly of the Commonwealth of Kentucky :
§ 1. That an act, entitled, an act to authorize the circuit and equity and criminal courts to make persons entitled to inherit as heirs-at-law, approved February 28th, 1860, be so amended, that the said courts shall have power and authority, by consent of parties, to give the petitioner or petitioners the parental control of such adopted person or persons, if an infant or infants, and that said petitioner or petioners shall be under the same responsibilities as if said person or persons so adopted were their own child or children and legal heir or heirs § 2. This act shall take effect from and after its passage.
Approved August 31, 1862.
and to organize the militia of the Staie.
That an act, entitled “ An act for the better organization of the Kentucky militia," approved March 5, 1860, known as the State Guard Law, be and the same is hereby reenacted, with the following amendments to take effect from the passage thereof, viz :
Amendment 1st. Strike out section 2, article 1, and insert in lieu thereof: Section 2. The Governor is hereby vested with full authority to call into the State service all or any portion of the militia of the State, whenever the publicexigencies may require them to be so called into service; but the militia of Lie reserve shall be called into service only on occasions of extreme danger to the State.
Amendment 2d. Strike out section 7, article 2, and insert in lieu thereof: Section 7. For the purpose of organizing the enrolled militia each county shall be considered a regimental district, or one county may, by the inspector general, be divided into two or more regimental districts ; or two or more counties, or parts of counties, may be combined into one or more regimental districts.
Amendment 3d. Add to section 8, article 2, the following words: “ Provided, That the Governor may order elections to be held in any regimental district at such time previous to the next annual election as he may see fit: And provided
further, That the officers elected under such orders shall hold their office as though elected at the next annual election after the passage of this act.
Amendment 4th. Strike out section 15, article 2. After the words article 2, add the following: “There shall be assessed on every person liable to enrollment, and collected during the present year, and paid into the treasury in like manner, and for the same purposes, as the military payments above required in lieu of services, the sum of fifty cents; and the amount of all such taxes, or fines, or military dues, in lieu of service, on the part of members of enrolled militia, shall be included in the bond of the sheriff or collector in the same manner as in the county levy; and he shall be held responsible therefor for the collection, as a distinct fund, of such fines or taxes, in the same manner as he is held for the collection of the county levy ; and he shall be allowed at the rate of ten per centuin on the amount of such fines or taxes which he may collect."
Amendment 5th Amend sub-division 3, section 1, article 3, by adding the following to the paragraph: "For purposes of organization only."
Amendment 6!h Strike out sub-division 14, of section 1, article 3, and insert in lieu thereof the following: “He may appoint as his assistants in the discharge of his duties, the following staff officers: one assistant inspector general, who shall also be assistant adjutant general, with the rank of colonel; one assistant quartermaster general, who shall also be assistant commissary general of subsistence, with the rank of colonel ; one assistant paymaster general, and one surgeon, each with the rank of major; and one assistant surgeon, and two aids-de-camp, with the rank of captain."
Amendment 7th. Strike out sections 5th and 6th of article 4.
Amendment 8th In article 6th, sub division 61h, after the word guard, in the 6th line, strike out the following words : “ With the exception of the company organization.”
Amendment 9th. Strike out section 7, of article 6, and insert in lieu thereof the following: " Section 7. Whenever an association of individuals shall desire to volunteer as a company in the State Guard, having the written consent of the commander in-chief or inspector general, they shall forward to the adjutant general a list of the members, not less than forty-two, or such other number as may be prescribed by the inspector general, should said officer deem it expedient to modify the organization herein provided for, who being satisfied that the members are legally qualified, shall issue an order for the election of officers, aui horizing some person to hold it, and specifying the time and place for holding such election. The election shall be hy ballot, and a majority of the votes of the company shall be necessary to an election. After the election the person or officer
who held it shall muster the company into the State Guard, and transmit to the adjutant general a certificate of the election, and a muster-in roll, who shall cause commissions to be forwarded to the officers. The person or officer mustering in a company shall administer to each member the oath or affirmation herein prescribed.
Amendment 10th. Strike out section 25. of article 6, and insert in lieu ihereof the following: Section 25. Existing volunteer or home guard companies, having the requisite number of members, may become members of the state guard, with their present organization, on being mustered in and taking the oath herein prescribed. The commanders of such companies shall render a statement to the adjutant general of all arms, equipments, and public property in the possession of the company, and of its members, who, if he deem it expedient, shall endorse on said statement that it is with his sanction that said arms and equip!.ents are held by a county; after which endorsement the property so described shall be charged against such county, and any bonds beretofore given therefor discharged. The statement of arms thus endorsed, toyether with the muster in roll, shall be transmitted to the commander-in-chief.
§ 26. Should any existing company, having State arms, and other property, fail to become a member of the state guard, it shall be within the power of the commander-in: chief to di-band the company and reclaim the property. Strike out the 34th section.
$ 27. In addition to those persons exempted by the laws of the United States, the following persons shall be exeinpted from military duty:
Ist. The Lieutenant Governor.
2d. The meinbers of the Legislature, during the terms for which they were elected, and the officers thereof during its meetings, and for fifteen days before and after each meeting
3d. The Secretary of State, Attorney General, Treasurer, Auditor of Public Accounts, Register of the Land Office, Judges of the Court of Appeals, and the deputies and clerks in their respective offices.
4th. The Judges of Circuit, County, Quarterly and Chancery Courts, and Clerks, Sheriffs, and Marshals of their respective couris.
5th. Ministers and preachers of the gospel; teachers in all the colleges, and teachers actually employed in acade mies and common schools.
6th. Public printer, and workmen necessary to perform the labor in his office; and Commonwealth's Aitornies, County Attornies, and Jailers, artizans employed in manufacturing arins and munitions of war, or gunboats or veg. sels of war, or inachinery or materials to be used in the constrcution of either for the United States Government,