1861.

CHAPTER 142.

AN ACT to amend the charter of the city of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That so much only of the act, entitled "An act to charter the city of Louisville," approved March 24, 1851, as is contained in section 15, article 4, referring to policemen and watchmen of said city, be, and the same is hereby, amended, and from and after the passage of this act, it shall be lawful for the mayor of said city, for causes satisfactory to him, to remove from office any of the policemen of said city.

§ 2. On such removal, it shall be the duty of the said mayor to make known to the general council of said city the facts of such removal by him.

Approved October 1, 1861.

CHAPTER 143.

AN ACT to change the voting place in Eagle Creek precinct, Scott county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That the place of voting in the Eagle Creek precinct, in Scott county, shall be at the house of John Jones, in said precinct, instead of at the house of John Lindsay, the said Lindsay having recently departed this life.

Approved October 1, 1861.

CHAPTER 147.

AN ACT for the benefit of Samuel H. Murrell, of Adair county. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That Samuel H. Murrell, late a constable in the county of Adair, be, and he is hereby, allowed the further time, till July 1st, 1862, to wind up, finish, and complete his duties as constable, so far as the unfinished business that was in his hands as constable at the time his term of office as constable aforesaid is concerned; and said Murrell shall be allowed such fees for said services as he would be entitled to as a constable elected and qualified according to law. This act not to be in force unless said Murrell executes bond, conditioned according to law, with good and sufficient security, to be approved by the judge of the

Adair county court, and filed in the Adair county court clerk's office.

§ 2. This act to take effect from its passage.

1861.

Approved October 3, 1861.

CHAPTER 148.

AN ACT for the benefit of Wm. A. L. B. Sharp, late sheriff of Estill county, and his sureties.

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

§ 1. That all further proceedings against Wm. A. L. B. Sharp, late sheriff of Estill county, and his sureties, for the revenue arrears for the year 1860, and for which there is a judgment in the Franklin circuit court for $3,404 71 principal, $681 94 damages, and $7 55 costs, be, and the same are hereby, suspended, so soon as the written consent of his sureties shall be made in writing, attested by two credible witnesses, and filed in the office of the Franklin circuit court, and the Auditor notified thereof; and there shall also be filed in said office a certificate of the county judge and county and circuit court clerks of Estill county, that said sureties are, and are likely to continue, amply solvent and good for said judgment.

2. That said sheriff and his sureties shall have the privilege to pay said judgment, as follows: one third of the judgment, interest, and costs, exclusive of damages, in four months from this date; one third in eight months from this date, and the other third in twelve months from this date; and in the event each and all of said installments are promptly paid, then they shall be released from the judgment aforesaid for damages; but should they fail to pay each and all of said installments promptly, then execution shall issue for all the then unpaid balance of said judgment, interest, damages, and costs: Provided, however, That the said sheriff and his sureties shall not be entitled to the provisions of this act, unless they shall secure the ultimate payment of the judgment for revenue against them by replevying said judgment with good personal security, payable in installments as provided for in the second section of this act, and shall also promptly pay said installments into the public treasury when the same shall fall due: And provided further, That nothing in this act shall be so construed as to release the lien which the State has upon the property of said sheriff and his sureties for the payment of said judgment.

§ 3. This act to take effect from and after its passage. Approved October 3, 1861.

1861.

CHAPTER 149.

AN ACT for the benefit of the county of Boone.

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

§ 1. That an act, entitled "An act to authorize the appointment of a county treasurer for Boone county," aproved December 23, 1859, be, and the same is hereby, repealed.

§ 2. That the duties of said office of county treasurer for said county, be discharged in the same manner, and by the same officer, subject to like penalties, as they were before the passage of the act referred to in section one of this act.

§3. That so much of section 2, of an act to prescribe the means and mode of opening roads in Boone county, as requires the sheriff to pay over to the county treasurer of said county the road tax, subject to the order of the county court of said county, be, and the same is hereby, repealed, and that the sheriff of said county shall hold the tax aforesaid, subject to the order of the county court of said county, after the January term of each year, and also to be liable on his bond for failure faithfully to discharge the duties imposed upon him, and to return his delinquent list as prescribed by law for the return of the delinquent list for county levy and State tax.

§ 4. This act shall take effect from and after its passage. Approved October 3, 1861.

CHAPTER 150.

AN ACT to amend the charter of the Bardstown and Louisville railroad com

pany.

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

§ 1. That the county court of Nelson county, or the County court judge thereof on vacation, is authorized and required in sheriff for col- each year to take bond, with good security, payable from lection of rail- the sheriff or collector to the Commonwealth of Kentucky,

to take bond of

road tax.

to settle with

for the collection and prompt payment, according to law, of the tax imposed on the estate in precincts No. 1, No. 5, and No. 9, for the payment of interest and principal of the bonds issued by the county court of Nelson for and on behalf of said districts.

2. The sheriff or collector shall settle with the commisWhen sheriff sioner of the sinking fund, in said county, at the end of cmmissioner: every three months, from and after the time the list or taxbook shall be delivered to him, and pay over the amount collected.

§ 3. If the sheriff or collector shall fail to collect the

tax, or refuse to do so according to law, or refuse to pay it 1861. over when collected, he and his securities shall be liable to suit on said bond, by motion or at law, in the circuit Penalty if sh'ff court having jurisdiction for such defalcation, and ten per cent. damages on the amount.

§ 4. That coupons of the bonds aforesaid, issued by the county, when due and payable in the year the tax is collected, may be paid and received by the sheriff or collector in discharge pro rata of the tax of any bona fide holder of said coupons.

fails to peform his duty.

Coupons received for tax.

&c., to recover

tax.

§ 5. That when non-residents own land or town lots in the May sell land, districts aforesaid, and fail to pay their railroad tax on the same, as is required by law, the sheriff of Nelson county, or railroad tax collector, shall sell the land or town lot or lots of such delinquent for cash in hand, or so much thereof as will pay and satisfy their tax for railroad purposes: Provided, however, That before such sale or sales are made, the same shall be advertised in the same manner and for the same length of time that lands are sold under execution: And provided further, That the land sold, or town lots, shall be subject to redemption by the owner, his agent, or attorney, at any time within two years, by paying the amount of tax due on the land at the date of sale, and all subsequent taxes due, and ten per cent., and the cost of sale.

Officer to report to county

§ 6. That when any land or town lots shall have been sold as aforesaid, it shall be the duty of the officer making court clerk. said sale to make a report in writing, describing the land or lot and quantity so sold, and the amount it brought, and to whom it belonged, and to whom sold, to the county court of Nelson county, who shall order the same to be recorded in the clerk's office of said county in a book to be kept for that purpose; and should the owner of the property sold, his agent or attorney, desire to redeem the same in the time recited in this act, and shall truly tender the amount due for which the property was sold, and all subsequent taxes due, with ten per cent. thereon, and the cost of sale, to the clerk aforesaid, and pay the same to the clerk aforesaid, in that event the clerk shall enter in said bond the redemption of the property thus redeemed, and sign the same in his official capacity, and the same shall stand redeemed.

§ 7. This act to take effect from its passage.

L9

Approved October 3, 1861.

Owners to have privilege to re

deem property.

1861.

accounts as guardian.

CHAPTER 151.

AN ACT for the benefit of William Hampton, guardian for the heirs of A.
W. Furgerson, deceased.

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

§ 1. That William Hampton, guardian for the infant When settle heirs of A. W. Furgerson, deceased, may hereafter settle his accounts as guardian in the Boyd county court; but before any such settlement, the said guardian shall procure from the Greenup county court clerk's office certified copies of the orders appointing him guardian; also of the bond or bonds executed by him, the inventories of said wards' estate, and of any settlement heretofore made by him, and file such copies in the clerk's office of the Boyd county court.

§ 2. That any action that the wards, or either of them, May sue in cir- may institute for a settlement of the accounts of their guardian, may be commenced and prosecuted in the Boyd circuit court.

cuit court.

§ 3. This act shall take effect from its passage.

Approved October 3, 1861.

ecutrix.

CHAPTER 152.

AN ACT for the benefit of Caroline Furgerson, executrix of A. W. Furgerson, deceased.

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

§ 1. That Caroline Furgerson, executrix of Anthony W. When settle Furgerson, deceased, may hereafter make settlements of business as ex- her accounts, as executrix aforesaid, in the Boyd county court; but before any such settlement shall be made, she shall procure and file in the Boyd county court clerk's office a certified copy of the inventory and appraisement of the decedent's estate, and also copies of all settlements made by her with the Greenup county court; the Boyd county court is hereby authorized, upon the filing of the copies aforesaid, to settle the accounts of said executrix, Circuit court and that the Boyd circuit court shall have jurisdiction of to have jurisdiction. any action to settle the estate or for distribution. § 2. This act shall take effect from its passage. Approved October 3, 1861.