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1863.

CHAPTER 815.
AN ACT to provide for paying in advance one month's pay to soldiers

enlisting for nine months.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

That there be and is hereby appropriated, out of any $50,000 appro- money in the treasury not otherwise appropriated, a sum printed to pay not exceeding fifty thousand dollars, to be used for the purmonth's pay in pose of paying each soldier who has or may hereafter en.

list for nine months, one month's pay in advance; the money shall be drawn from the treasury, from time to time, on the requisitions of the Governor, who may appoint a proper person to receive the same, and pay it over to the soldiers : Provided, however, That no such payment shall be made to any soldier until the company to which he belongs shall have been duly organized and sworn into service.

Approved February 6, 1863.

CHAPTER 827.
AN ACT authorizing the Board of Managers of the Western Luoatic

Asylum to appoint a Superintendent of said Institution.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That the Board of Managers of the Western LunaSuperintend' tic Asylum, be and they are hereby authorized, when the West'n Lunatic Asylum may be

same in their opinion is necessary, to appoint a Superinappointed. tendent for said asylum.

§ 2. The salary of said Superintendent shall not exceed Salary. fifteen hundred dollars per annum.

3. Said Board of Managers shall have the power to Power of ro- remove, at pleasure, their Superintendent, and appoint an

other in his place.

$ 4. The Superintendent shall be a skillful physician'; To be skillful he shall reside in or near the asylum, and devote his whole physician.

time to the management thereof, and the supervision of the patients, and have the control thereof, under and subject to the by-laws that may be adopted by the Board of Managers.

§ 5. Said Superintendent shall be governed, in the discharge of his duties, by the provisions of article 111, chapter 48, of the Revised Statutes, not inconsistent with this act. $ 6. This act shall take effect from its passage.

Approved February 13, 1863.

moval.

Duties.

1863.

$35,000 appro priated to West. Lupatic Asylum

CHAPTER 828.
AN ACT appropriating money to the Western Lunatic Asylum.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky :

§ 1. That the sum of thirty-five thousand dollars is hereby appropriated for the purpose of carrying on the reconstruction of the Western Lunatic Asylum.

§ 2. That the same shall be paid upon the warrant of the Auditor of Public Accounts, to the Board of Managers of said asylum, in quarterly installments, con mencing 1st of April, 1863. § 3. This act shall take effect from its passage.

Approved February 13, 1863.

CHAPTER 833.
AN ACT to repeal an act entitled," an act regulating the time of hold-

ing Quarterly and other courts, inferior in jurisdiction to Circuit
Courts," approved Feb. 28, 1862,

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

§ 1. That an act, entitled, an act regulating the time of Quart'ly courts; holding quarterly and other courts inferior in jurisdiction times or hold'g. to circuit courts, approved February 28th, 1862, be and the same is hereby repealed; and said courts shall be held four times a year, at the times regulated by the laws in force at the time of the passage of said act. § 2. This act shall take effect from and after its passage.

Approved February 13, 1863.

CHAPTER 842.
AN ACT to amend section 239, sub-division 4, of art. 1, chap. 4, of the

Civil Code of Practice.
Be il enacted by the General Assembly of the Commonwealth
of Kentucky:

ŷ 1. That section 239, of sub-division 4, of article ist, S. Civil Code chapter 4, of the Civil Code of Practice, be and the same

Practice, p. 144. is hereby amended, so that the judge of the court, and the presiding judge of the county court, in vacation sales in of the circuit court, shall have power and authority, celver appoin'd. inthe mode now provided by law for the sale of personalty, to appoint a receiver to take charge of, collect, and account for all choses in action attached in any action; and said receiver shall have full power to collect the

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1863.

same.

He shall give bond, and in all respects be subject to the same responsibilities as if appointed by the court in term time. $ 2. This act to take effect from its passage.

Approved February 16, 1863.

Auditor of Public Accounts,

hire.

CHAPTER 849.
AN ACT allowing additional clerk hire to the Auditor of Public Ac

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

§ 1. That the sum of five hundred dollars annually, for additional clerk two years from and after the passage of this act, be al.

lowed to the Auditor of Public Accounts, out of any money in the treasury not otherwise appropriated, to pay for the services of an additional clerk to be employed in his office, and to be so expended by him.

$ 2. That the sum of two hundred dollars, out of the treasury not otherwise appropriated, be paid to the Auditor of Public Accounts to detray the necessary additional clerk hire and other expenses incurred by the removal of the books and papers of his office to the city of Louisville in September last.

Approved February 20, 1863.

CHAPTER 854.
AN ACT to give immediate effect to "an act to provide for paying in

advance one month's pay to soldiers enlisting for nine months."

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

§ 1. That an act, entitled, "An act to provide for paying in advance one month's pay to soldiers enlisting for nine months," approved 6th February, 1863, shall be in full force from and after the passage of this act. $ 2. This act shall take effect from its passage.

Approved February 20, 1863.

fense in certain Cases.

CHAPTER 855.

1863. AN ACT to amend an act, entitled "An act requiring certain officers

and teachers in this Commonwealth to take an oath of office," approved August 30, 1862.

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

§ 1. That it shall be a good and valid defense, in dis. Want of know charge of the pains and penalties imposed by an act of the made a good degeneral assembly, entitled, “An act requiring certain officers and teachers in this Commonwealth to take an oath of office,” approved August 30, 1862, that the accused had no knowledge of said act at the time of the alleged violation of the same. This defense shall prevail as to all indictments or presentments found under said act previous tu the 1st day of February, 1863, but to no presentment or indictment found on or after that day. Upon such defense being inade, as herein provided, the burden of proof shall devolve upon the Commonwealth.

§ 2. The defense provided in the foregoing section shall be in writing, and verified by the affidavit of the accused. § 3. This act to take effect from its passage.

Approved February 21, 1863

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CHAPTER 858.
AN ACT to authorize guardians, trustees of wards, and cestui que trusts

to make investinents in real estate.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky :

§ 1. That it shall be lawful for the courts of equity in this Commonwealth, upon the application of guardians or trustees or their wards or cestui que trusts, by petition, under oath, to cause the money of such ward or cestui que trust to be invested, under the direction of the court, in real estate, where it shall be made appear to the court that it is for the interest of the ward or cestui que trust that such in vestment shall be made. Ø 2. This act shall take effect from and after its passage.

Approved February 21, 1863.

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1863.

CAAPTER 861.
AN ACT to amend section 9, article 3, chapter 91, Revised Statutes.

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

$1. That the 9th section of article 3d, of chapter 91st, How oortain ex- of Revised Statute-, be and the same is hereby repealed, ceution to be and the following substituted in its place: That where the sheria disquall- sheriff is a party or interested in the subject matter of the dod.

suit, executions which issue on a judgment rendered upon a process served by the coroner shall be directed to and acted on by him; if the process is served by the jailer, the executions on the judgment shall be directed to and acted on by him.

§ 2. That in all cases where executions are directed to the coroner or jailer, as now provided by law, he shall have the same powers in collecting the same, including the power to levy on, sell, and convey real estate, and be subject to the same penalties and proceedings in reference to executions placed in his hands as sheriffs are now subject to by law 83 This act shall take effect from and after its passage.

Approved February 21, 1863.

CHAPTER 863.
AN ACT to amend chapter 99, of the Revised Statutes, title, "Taverns,

Tippling Houses, &c."
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That hereafter all retailers of spirituous liquors, by Onla 'o be taken license from the county court, or the municipal authorities by liquor cal. of any city or town in this Commonwealth, upon obtaining

the license, shall take the same oath required of tavern keepers in relation to selling or giving spirituous liquors to slaves.

§ 2. That the agents or employees of every vendor of Agents and em: spirituous liquor by license, who 'may be engaged either ployes to take the same oath. directly or indirectly in selling or superintending the sale

of spirituous liquors for their principal, shall take the same oath required of their principals by the first section of this act.

9 3. Jf any of the persons mentioned in the first and Penalty. second sections of this act shall sell any spirituous liquor

to any one, without having first taken the prescribed oath, they shall be subject to penalties provided by law against selling by retail without a license, and to be recovered in the same manner.

Approved February 21, 1863.

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