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the law in cert'n cases

1863.

CHAPTER 961.
AN ACT to amend an act, entitled, "An act to amend section 9, cbap

ter 47, Revised Statutes, tiile Husband and Wife," approved Aagtst
31, 1862.

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

§ 1. That it shall be a good and valid defense, in disIgnorance of charge of the pains and penalties imposed by an act of the

General Assembly, entitled, “An act to amend section 9, valid defense.

chapter 47, Revised Statutes, title Husband and Wife," approved August 31, 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 to the 1st day of February, 1863, but to no presentment or indictment found on or after that day.

§ 2. The defense provided in the foregoing section shall be in writing, and verified by the affidavit of the accused.

§ 3. Upon such defense being made, as herein provided, the burden of proof shall devolve upon the Commonwealth. § 4. This act to take effect from its passage.

Approved March 2, 1863.

CHAPTER 965.

AN ACT concerning runaway slaves. Be it enacted by the General Assembly of the Communwealth of Kentucky:

§ 1. That chapter 93 of the Revised Statutes be and the Kadaway slaves same is hereby amended as follows: When any runaway to be advertised slave shall be or have heretofore been committed to jail

under the provisions of existing laws in relation to runaways, the jailer shall, within ten days thereafter, advertise said runaway in the newspaper which has the publication of the laws of the State, in which he shall give an accurate description of the slave, and continue said advertise. ment for one month, if the slave be not sooner claimed by

the master or owner. If said slave be not claimed within County court to order sale. one month after the commencement of said advertisement,

the fact shall be reported by the jailer to the county court, whereupon the court shall make an order directing said slave to be sold by the sheriff, as hereinafter prescribed, upon reasonable advertisement, to be prescribed by the court.

§ 2. It shall be the duty of the sheriff to sell said slave How sale to be at the court-house on a court day, to the highest bidder, made, and sale after having advertised the time, place, and terms of sale money collect'd

as directed by the court, and causing the slave to be valued as lands sold under execution are required by law to be

by owner; how as.

valued, upon a credit of twelve months, with interest, the 1863. purchaser to give bond with good surety to the Commonwealth, having the force and effect of a replevin bond. The bond shall be returned to the clerk's office of the county, and if not paid to the clerk when due, execution shall issue thereon, endorsed as executions upon other sale bonds and replevin bonds are required by law to be endorsed. The clerk and sheriff and their sureties shall respectively account for and pay over any money so received or collected by them in the same manner as they are required to account for public revenue. Said slave shall not be sold for Slave to be re

odered for sale. less than one-thiril of said valuation, and if that amount shall not be bid at the first offering of said slave for sale, the sheriff shall re-offer him for sale at the next county or circuit court for lhe county, without further advertisement, and so on until a sale is effected. § 3. The owner shall have the right to redeem said slave

Right of reat any time within one year after said sale, in the follow. demption ing manner, and upon the following terms and conditions: Serted! He shall, upon reasonable notice to said purchaser in writing, make satisfactory proof in said county court of his ownership in said slave, whereupon the court shall make an order permitting him to redeem said slave, upon his depositing in court the reward for apprehending the slave, and all lawful fees and expenses for his commitment, keeping, and sale, for the use and benefit of the persons entitled thereto. The purchaser of said slave may, at the same time, offer countervailing proot. If the claimant of said slave is successful in said proceeding, the purchaser shall pay his own costs, but no part of the claimant's costs; but if the claimant is unsuccessful, the purchaser shall recover his costs against him.

§ 4. The court shall, by the proper orders, cause the mo. ney thus deposited, to be paid over to the parties entitled how disposed to the same.

§ 5. If the purchase money shall have been paid by the purchaser, the court shall at the same time make an order requiring the clerk or - heriff to refund the same to the purchaser. If it has not been paid, then the court shall order the bond of the purchaser cancelled.

$ 6. Upon the foregoing terms and stipulations being performed and complied with, the owner shall be entitled to and have the possession of -aid slave and the same right to and property in him as though said sale had not taken place.

07. If the owner shall fail to redeem said slave as herein provided, he shall be entitled to the proceeds arising from his sale, after deducting the reward and other fees and expenses, as now provided by law: Provided, That no claimant who shall have applied to the county court to redeem said slave, as herein provided, shall be entitled to said

Salomoney:

1863.

When money to be paid into treasury.

purchase money, if said court shall have adjudged said claimant not to be the lawful owner of said slave.

$ 8. The proceeds arising from said sale shall not be paid into the public treasury until the time allowed for redeeming said slave shall have expired, and if litigated not until the end of the litigation.

§ 9. In case the said runaway slave shall be redeemed as herein provided, the purchaser at said sale shall not be accountable for his or her hire or any part thereof.

§ 10. Either party may appeal from the judgment or order of the county court permitting said slave to be redeemed or refusing to allow him to be redeemed, as herein provided, and thence to the Court of Appeals, subject to the laws governing appeals in other cases.

$11. The existing laws in relation to runaways and the duties of jailers, so far as they are inconsistent with the provisions of this act, are hereby repealed, but no further. $ 12. This act to take effect from its passage.

Approved March 2, 1863.

Appeal.

CHAPTER 969.

AN ACT repealing the act approved October 3d, 1861, and re-enacting

the act approved May 24th, 1861, relating to the boundary line between the counties of Barren and Metcalfe.

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

§ 1. That the act approved October 3d, 1861, entitled, Former act re- an act to repeal so much of an act approved May 24th, pealed.

1861, as relates to the boundary line between Barren and Metcalfe counties,” be and the same is hereby repealed.

§ 2. That the act approved May 24, 1861, relating to the Former act re- boundary line between the counties of Barren and Met.

calfe, be and the same is hereby re-enacted and declared in full force from and after the passage of this act.

Approved March 2, 1863.

enacted.

CHAPTER 977.

AN ACT concerning roads. Be it enacted by the General Assembly of the Commonwealth of Kentucky :

$1. That all laws now in force exempting certain hands Laws exempting from working on county roads, on account of their masters

working or owners owning stock in certain turnpike roads, be and poads repealed. the same is hereby repealed: Provided, That the provisions

of this act shall not apply to original stockholders who have

from

1863.

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taken stock in any such roads, and paid the same, and re-
side in the county where the road is situated.
$ 2. This act to take effect from its passage.

Approved March 2, 1863.

Edmonson co.

qr.

CHAPTER 979.
AN ACT to change the time of holding the Edmonson County and Quar-

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

§ 1. That hereafter the several county courts for Edmonson county shall commence and be held on the second when to be held Monday in each month; and the several quarterly courts for said county shall commence and be held on the second Tuesday in each month, in which said courts are now required by law to be held, instead of the times now specified by law.

ŷ 2. That it shall be the duty of the jailer of said county Jailer to attend to attend upon said court, and to perform the same duties as required by law when in attendance upon circuit courts, for which he shall be allowed a reasonable compensation, compersation. to be certified by the judge, and paid out of the county levy as other claims against the county.

§ 3. This act to be in force from and after the first day of pril next.

Approved March 2, 1863.

OU.

CHAPTER 980.
AN ACT giving certain officers, elected in 1862, further time to execute

bond and take the oath of office.
Whereas, Many officers who were elected in 1862, have
been unable to take the oath of office and give bond with-
in the time required by section 12, chapter 71, Revised
Statutes, owing to the disturbed state of the country, and
the presence of the rebel forces in many of the counties
of the Commonwealth--for remedy whereof,

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

$1. That the further time until the 1st day of April next, be and the same is hereby given to all persons elected to given office in any of the counties of this Commonwealth, to oalla of office. take the oath and execute the bond required by law; and all such oaths taken and bonds given under this act, or previous to this time, shall have the same effect as if they had been taken and given in the time required by the section aforesaid.

Further time

certain officers to take

1863.

Bond.

Vacancy.

§ 2. That where any person was elected to office and failed to give the bond and take the oath in consequence of the reasons assigned in the preamble to this act, such person shall not be held ineligible to office.

§ 3. That where an office became vacant and that vacancy has been filled according to law, this act shall not be construed to authorize the person who was elected and failed to comply with the provisions of the section aforesaid, to take said office. § 4. This act shall take effect from and after its passage.

Approved March 2, 1863.

the

CHAPTER 983.
AN ACT to prevent certain negroes and mulattoes from migrating to or

remaining in this State.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That it shall not be lawful for any negro or mulatto Neeroes or mu- claiming or pretending to be free, under or by virtue of the freedom under Proclamation of the President of the United States, dated

President's the 1st of January, 1863, declaring free slaves in certain bo treated and States and parts of States, or any similar proclamation, by runaway slaves. order of the Government of the United States, or any offi

cer or agent thereof, to migrate to or remain in this State.

§ 2. Any negro or mulatto who shall violate the provisions of this act shall be arrested, dealt with, and disposed of as runaways, and the proceedings shall conform to the laws in existence, at the time they are had in relation to runaway slaves.

93. The purchaser of any such negro or mulatto sold under and by virtue of such proceedings shall, by virtue of such purchase, acquire and have the same right to, the saine property in, and control over such negro or mulatto as masters have over their slaves under existing laws, subject to the provisions in relation to slaves sold as runaways, and shall in all respects be governed by the law in relation to master and slave.

§ 4. The purchase money for such negro or mulatto shall not be paid into the public treasury until the right of redemption shall have expired or been finally determined by adjudication, in case the same shall be put in litigation, as provided in relation to slaves sold as runaways, and the court shall have power to loan the same, in the meantime taking bond and good security for the same.

$5. It shall be the duty of all peace officers to see that the provisions of this act are enforced. $ 6. This act shall take effect from its passage.

Approved March 2, 1863.

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