1863. the law in cert'n eases CHAPTER 961. AN ACT to amend an act, entitled, "An act to amend section 9, chapter 47, Revised Statutes, title Husband and Wife," approved August 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 made a General Assembly, entitled, "An act to amend section 9, 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 Commonwealth of Kentucky: § 1. That chapter 93 of the Revised Statutes be and the same is hereby amended as follows: When any runaway Kunaway slaves 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 advertisement for one month, if the slave be not sooner claimed by the master or owner. If said slave be not claimed within 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 County court to order sale. How sale to be money collect'd court. § 2. It shall be the duty of the sheriff to sell said slave 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 as directed by the court, and causing the slave to be valued as lands sold under execution are required by law to be 1863. valued, upon a credit of twelve months, with interest, the 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 reless than one-third 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 the county, without further advertisement, and so on until a sale is effected. § 3. The owner shall have the right to redeem said slave at any time within one year after said sale, in the following manner, and upon the following terms and conditions: 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 proof. 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. odered for sale. Right of re demption by owner; how as serted. Sale money; 4. The court shall, by the proper orders, cause the money thus deposited, to be paid over to the parties entitled how 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 said slave and the same right to and property in him as though said sale had not taken place. § 7. 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 of. disposed 1863. Arms of the House, two dollars per day, for services of two negro men during this session. 5. To the Pages of the two Houses, one dollar and fifty cents per day, each, during this session, to be certified by the Principal Clerks, and drawn and distributed by the Sergeants of the two Houses. § 6. To Hodges, Hughes & Co., for the Daily Commonwealth during this session, seven dollars and seventy-five cents per day. § 7. To S. I. M. Major & Co., for the Daily Yeoman during this session, seven dollars and seventy-five cents per day. 8. To the ministers of the different religious denominations in Frankfort, one hundred dollars, to be drawn and distributed by J. W. Pruett. § 9. That the Auditor is authorized to draw his warrant on the treasury in favor of the Principal Clerks of the two Houses, for the amount of extra clerk hire for enrolling, to be estimated and certified by them. § 10. To Joseph B. Lewis, three dollars per day for his services this session, to be estimated and certified by the chairman of the committee on Enrollments. § 11. To B. R. Young, one hundred and eleven dollars and fifteen cents, expenses incurred and paid by him in conveying the remains of Milton Young, deceased, from this place for interment, at his home in Henderson, including expenses of the committee. § 12. To John R. Graham, twenty-four dollars and ten cents, for bill rendered. § 13. To J. M. Mills, two dollars and seventy-five cents. § 14. To J. W. Pruett, for crape, &c., thirty dollars and fifteen cents. § 15. To S. C. Bull, ten dollars. § 16. To S I. M. Major, one dollar and twenty-five cents. §17. To Gray & Todd, sixty-nine dollars and eighty cents. 18, To R. Runyan, for crape, forty-two dollars and twenty-five cents. § 19. To Sandford Goins, for ice last session, seventyseven dollars and forty cents. § 20. To J. T. Gray, four dollars and fifty cents. § 21. To A. Conery, one dollar and twenty-five cents. § 22. To A. G. Cammack, one hundred and thirty-two dollars. 23. To Henry Morton, fifty cents. § 24. To Daniel Clark, the ancient Governor, for his services in the Executive Department of the State, fifty dollars. § 25. To D. C. Barrett, for indexing the journals of the two Houses, during all the settings of this General Assem bly, up to this time, to be paid when the work is completed, two hundred dollars. § 26. To Geo. A. Robertson, for services of one negro man, one dollar per day during this session. § 27. To the four negro men who have waited upon this General Assembly, five dollars each, to be drawn and distributed by John W. Pruett. § 28. That the Auditor of Public Accounts draw his warrant in favor of S. Goins for an amount, in the opinion of the said Auditor, that may be reasonable compensation and expenses for firing a salute on the 22d of February, including the unfurling the flag, and procuring the music on the occasion, under the order of the General Assembly. § 29. This act shall take effect from its passage Approved March 2, 1863. 1863. CHAPTER 949. AN ACT in relation to the office of State Librarian. Be it enacted by the General Assembly of the Commonwealth of Kentucky: State Librarian tionery for State § 1. That the State Librarian, and his successors in office, shall provide and furnish, for the use of the State, all to furnish sta the paper necessary for the public printing; also all the writing paper, ink, and all other stationery necessary for the use of the public offices at the seat of government of the State, and for the Legislature. chased. § 2. He may advertise for proposals to furnish and sup- How to be pur ply the above articles, or any portion thereof, or he may purchase them at private contract, as he shall deem most advantageous to the interest of the State; and he shall receive for his services herein, four hundred dollars, payable quarterly, out of any money in the treasury not otherwise appropriated. 3. This act shall take affect from and after its passage. Compensation. CHAPTER 952. AN ACT concerning the Penitentiary. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Keeper's term § 1. That the Keeper of the Penitentiary shall hold his office for four years from the 1st day of March, 1863, sub- four years. ject to the liabilities, terms, and conditions, and entitled to the rights, privileges, and advantages as prescribed in this act to-wit: 1863. When money to be paid into treasury. Appeal. 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. Former act repealed. Former act reenacted. 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, an act to repeal so much of an act approved May 24th, 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 boundary line between the counties of Barren and Metcalfe, 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. certain 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 exempt's from working on county roads, on account of their masters from working or owners owning stock in certain turnpike roads, be and roads repealed. Proviso. the same is hereby repealed: Provided, That the provisions of this act shall not apply to original stockholders who have |