1862.

that he has not aided or abetted the rebellion, and is opposed
to the overthrow of the Union.
$ 9. This act to take effect from its passage.

Approved February 28, 1862

CHAPTER 424.

AN ACT to amend an act, entitled “ An act to amend 3d article of 86th chap

ter Revised Statutes," approved 30th September, 1861. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That an act, entitled “ An act to amend 3d article How defective of 86th chapter, Revised Statutes," approved September males of infants’ 30th, 1861, be, and the same is amended, as follows, to-wit: bo made valid. That in all cases wherein a decree for the sale of infants'

real estate has been heretofore rendered in the courts of this Commonwealth, authorized to render such decrees, upon the petition of the guardian of such infants, and a sale or sales of the estate has been made under such decree, and it shall appear that there are defects or errors in the proceedings in the procurement of the decree that will, or may vitiate the same, it shall be lawful for the guardian of such infant or infants to file an amended petition in the court in which the proceedings were had, and all proper parties brought before the court; and such

proceedings shall be had as directed by the 1st and 2d sections of the act to which this is an amendment.

§ 2. This act shall take effect from its passage, and continue in force two years.

Approved March 1, 1862.

CHAPTER 426.

AN ACT changing the boundary line between the counties of Daviess and

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

$ 1. That the boundary line between the counties of

Daviess and McLean be changed, so as to include Alexan-
Davies, and
Mo Lean county der O. Ayer and R. P. Philips in the county of McLean;
line changed.

the line to commence on the boundary line between said
counties where it crosses the road leading from Owensboro
to Calhoon, near Presley Mosley, running thence so as to
intersect said boundary line near L. L. Talboot's, leaving
him in Daviess county.

§ 2. That the county surveyor of Daviess county survey Lino to be run and mark said line, and return a copy thereof to the county

1

1862.

court of each of said counties, the cost of surveying, &c.,
to be paid by said Ayer and Philips.
9 3. That this act take effect from its passage.

Approved March 1, 1662.

CHAPTER 427.
AN ACT to repeal an act, entitled "An act to increase the fees of jailers,"

approved February 15, 1856.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky :

§ 1. That an act, entitled “An act to increase the fees of jailers," approved February 15, 1856, be, and the same is hereby, repealed.

$ 2. That the compensation of jailers, for each day's Jailer's fees keeping, dieting, &c., shall be forty cents per day for each regulated. person under their charge. 93. This act shall take effect from its passage.

Approved March 1, 1862.

Fees of asges

CHAPTER 444.
AN ACT to amend the registration laws fixing the fees of assessors and

county court clerks.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

ý 1. That so much of the fifth section of an act to amend an act requiring the registration of births, marriages, and it is for taking

lists birthy deaths, approved March 3, 1860, as allows assessors ten deaths, marri

c., regucents a list for each birth, marriage, and death, be, and latod. the same is hereby, repealed, and in lieu thereof, their fees shall be two cents for each of said lists; and such assessors as have not been paid, shall be paid two cents for each of said lists taken in by them for the years 1860 and 1861.

| 2. That such of the county court clerks as have not Clerks' county been paid, shall be paid the same fees allowed them by courts fees. said filth section for their services for the years 1860 and 1861. 3. That this act shall take effect from its passage.

Approved March 8, 1862.

CHAPTER 446. AN ACT to amend section 239 of the Civil Code of Practice. Be it enacted by the General Assembly of the Commonwealth of Kentucky: $1. That section 239, of the Civil Code of Practice, be

cation,

1862. amended by adding to said section the following words:

“ But no such sale shall be ordered in vacation without Notice of appli- reasonable notice, in writing, to the opposite party or his

attorney, (if either of them reside in the county in which
the cause is pending) of the time and place of the appli-
cation therefor."
2. This act shall take effect from and after its passage.

Approved March 8, 1862.

CHAPTER 450.
AN ACT to regulate navigation on the Kentucky river.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

$1. That it shall be the duty of all commanders of fiat Coal and flat- or coal boats laden, descending the Kentucky river between boats descending the Ken- Brooklin and lock No. 4, to keep to, and pass down on the tucky Triver, how 20 pass" points of said stream.

Said boats shall be so constructed how to be con- as to show above the water line fifteen inches of equal structed.

strength as the remainder of the siding.

2. That when any such boat shall so descend in the Descending in night time, it shall be the duty of the commander thereof bave lights. to exhibit two lights, one at each end of said boat or boats, .

and keep the same well lighted during the night, so that the same can be readily observed by ascending steamboats, to prevent collision.

§ 3 That should any such boat land at any time between Where to land the points aforesaid, it shall be the duty of the commandin

er to land on a point or along a straight shore, so that the same may be readily seen on approaching.

§ 4. That it shall be the duty of all steamboats, when Duty of steam, passing coal boats, to use no inore steam than will be boats passing coa necessary to keep the same in proper position. § 5. This act shall take effect from its passage.

Approved March 8, 1862.

when

CHAPTER 451.
AN ACT to amend section 17, of chapter 54, of the Revised Statutes.
Be it enacted by the Generul Assembly of the Commonwealth of
Kentucky:

§ 1. That section 17 of chapter 54 of the Revised StatHow attor- utes, be so amended as to authorize the Board or Commisemployed

by sioners of Internal Improvement, to employ such attorneys Board of InterImprove

as may be necessary to secure the enforcement of the pro-
visions of section 16 of said chapter, upon such terms of
compensat on as may be agreed upon.
2. This act shall take effect from and after its passage.

neys may

be

persons in

CHAPTER 452.

1862. AN ACT to regulate proceedings in civil cases. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

$1. That in all actions, either by ordinary or equitable No judgments proceeding, in any court of original jurisdiction of this to be taken by

default against Commonwealth, where it appears by satisfactory proof, United States upon affidavit or otherwise, that the defendant, or some of army. the defendants, are at the time in the service of the army of the United States as officers or soldiers, that fact shall be sufficient cause to give further time to said defendant to file his answer, and to continue the action as to him; and no judgment shall be rendered by reason of the default of said defendant while he so continues in the service aforesaid.

§ 2. This act shall take effect from its passage, and remain in force only one year.

Approved March 8, 1862.

CHAPTER 455.

to

AN ACT to amend an act, entitled “ An act to prevent fraudulent assignments
in trust for creditors and other fraudulent conveyances,” approved March 10,
1856.

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

9 1. That every judgment which shall be suffered by any Devices to defendant, or any act or device which shall be done or give preference

creditors resorted to by debtors in contemplation of insolvency, and how to operate. with the design to prefer one or more creditors to the exclusion, in whole or in part, of others, shall operate in the same manner and to the same effect, so far as other creditors of said debtors are concerned, as sales, mortgages, and assignments, made in like contemplation and with like design, are made to operate by the act to which this is an amendment.

§ 2. That in addition to the debts to which preference is Trust debts given by the seventh section of the act to which this is an

to have preferamendinent, the debts due as trustee shall also be preferred, where the trust is created by a deed or will duly recorded in the proper clerk's office. 93. That no creditor shall receive any share or portion

Claims to be of the assets of such insolvent, until he shall have verified verified. his claim as required by law in regard to claims against the estates of persons deceased.

Approved March 8, 1862.

ence.

1862.

CHAPTER 457.

schools com
menced
broken up in
1861

AN ACT for the benefit of common school districts. WHEREAS, From the troubled condition of the country during the latter part of the past year many of the common schools in various portions of the State were, for the time being, broken up, and unable to be taught out; but partial restoration since have enabled the teachers in a number of those districts to go on and complete their sessions, but not in time to enable the common school commissioners to report them in legal time; for remedy whereof,

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

§ 1. That in any common school district in which a Common school was organized, and the session commenced in the

and school year 1861, and being broken up, and has since been may be reorganized and taught out, or which may hereafter be celompleted in taught out in the present year before the first day of June,

1862, for a session of at least three months, and not reported in legal time, the trustees of such district shail report the same to the county commissioner, who shall report to the Superintendent at any time before the first

day of September, 1862; and the Superintendent shall To be paid. proceed to pay the same as though the school had been

regularly taught and reported in the year 1861: Provided, Proviso. That in all things, such school shall have been conducted

according to the laws in force regulating common schools
in this Commonwealth.
§ 2. This act shall take effect

upon

its

passage.
Approved March 8, 1862.

CHAPTER 463.
AN ACT to supply missing commissioners' books to sheriffs and county clerks'

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

§ 1. That in any of the counties of the State where the How missing copy of the commissioners' book, which was placed in the commissioners hands of the sheriff for the collection of the revenue, has supplied to been taken from him by any person or persons acting under sheriffs in cer

the authority of the so-called “ Provisional Government"
of Kentucky, or the “Confederate States of America," it
shall be the duty of the clerk of the county court of' said
county to furnish the sheriff with another copy of said
book, for which said clerk shall receive the same fee he is
now allowed for similar services.

§ 2. That it shall be the duty of the Auditor of Public

tain cases.

Pay.