CHAPTER 616. AN ACT to amend section 4, article 3, chapter 17, of the Revised Statutes, requiring county court clerks to put their officia! seal, &c., to soldiers' claims free of charge. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be the duty of the county court clerks of this State to certify and affix their official seal, free of charge, to the declarations, and all necessary papers, of soldiers, widows, heirs, and administrators, in making applications for bounty money, arrears of pay, extra pay, and pensions, or half-pay, under the act of Congress, approved July 22d, 1861, and any subsequent acts upon that subject. §2. That this act shall be in force from its passage. Approved August 22, 1862. CHAPTER 617. AN ACT to amend section 5, article 7, chapter 93, of the Revised Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. If any free negro or slave shall be guilty of the crime of unlawfully and feloniously breaking open or forcibly entering a store house or any other building not connected with a dwelling house; or shall willfully and unlawfully burn a stack or rick or shock of hay, wheat, rye, oats, barley, straw or hemp, or any other grass, grain or commodity, he shall, upon conviction thereof, suffer and be subject to all the pains and penalties inflicted by the fifth section, of the seventh article, of chapter ninety-three, of the Revised Statutes, title, "slaves, runaways, free negroes, and emancipation." § 2. That this act shall take effect from and after its pas sage. Approved August 22, 1862. CHAPTER 618. AN ACT appropriating money to a State secret service fund. The effective administration of the government of the State, in both its civil and military departments, in the present disturbed condition of the country, necessarily demands the expenditure of money to meet the various pressing exigencies which may arise, and for which it is impossible the Legislature can specifically provide, or from the 1862. 1862. nature of which, the interests of the public service may require should be kept secret-therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That there shall be set apart, out of any money in the public treasury not otherwise appropriated, the sum of fifty thousand dollars, as a secret service fund, to be used by the Governor, at his discretion, in aid of the public service, and subject to his draft or order. § 2. This act shall take effect from and after its passage. Approved August 22, 1862. CHAPTER 619. AN ACT ratifying the official acts of Wm. H. Reynolds, sheriff of Bracken county, and accepting his bond for the public revenue in that county. WHEREAS, it is represented to this General Assembly, that William H. Reynolds, sheriff of the county of Bracken, failed to execute the bond required by law for the collection of the revenue in that county for the year 1862, within the time prescribed by law; and doubts have arisen as to the legality of the official acts of said sheriff, and the validity of the bond for the collection of said revenue by said sheriff and his sureties, in the Bracken county court, on the 21st day of July, 1862-for remedy whereof: Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the official acts of the said William H. Reynolds, as sheriff of the said county of Bracken, shall be, and they are hereby declared to be, to all intents and purposes, as valid as if the said Reynolds had regularly executed the bond required of him for the collection of said revenue, within the time prescribed by law. § 2. That the bond executed in the Bracken county court, on the 21st day of July, 1862, for the collection of the public revenue in that county, by the said Reynolds and his sureties, is hereby accepted; and said bond shall be as binding and obligatory upon said sheriff and his sureties as if executed and delivered within the time prescribed by law. §3. This act shall take effect from and after its passage. Approved August 23, 1862. CHAPTER 620. AN ACT authorizing the sale of real estate and slaves, in which there is a future contingent interest. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1862. How proceed stituted. § 1. Where real estate or slaves, or the use thereof for a limited period, is held, and the title whereof is derived ings may be inby deed or last will and testament, in which there may be a contingent interest depending on events which may or not happen, and the person or persons, corporation or corporations to take such future interest cannot, for the time being, be ascertained on account of the non-happening of the event or events on which such interest depends, it shall be lawful for any person having a present interest in such real estate or slaves to institute proceedings in any courts of this Commonwealth, not inferior to the circuit court, possessing equitable jurisdiction, and within the county in which the property may be situated, for the sale of the entire and absolute title to such property. And if, upon the hearing of the case, it shall appear to the satisfaction of the court that the interests of all the claimants, present and future, would be subserved by a sale of the entire interest in said real estate or slaves, it shall be the duty of such court to render a decree accordingly; and the purchaser of such estate or slaves, upon complying with the terms of the sale prescribed by the decree, shall be vested with all the title of the present and future or contingent claimants to said real estate or slaves. Decree of sale may be render'd if court is satis fled. Purchaser to be upon complying vested with title with terms sale. tute suit. of § 2. The suit may be instituted by any or by all of the Who may instiparties having a present or vested interest in said estate; and if any having such interest refuse to join as plaintiffs they may be made defendants, in which event such defendant or defendants may have partition of such estate according to his interest if he, she, or they so desire it. § 3. The court shall, by its decree, secure the proceeds of sale, and cause the same to be reinvested in the same kind of property, to be conveyed and held in the same manner, and subject to the same limitation, trusts, and conditions as the property which was sold: Provided however, That if the property decreed to be sold shall be incumbered by claims for taxes or other lawful assessments for public improvements, the same shall be paid under the order of the court, and the balance of the proceeds of the sale invested in other property as herein provided. § 4. The court shall have full power to effectuate the sales and reinvestments as herein provided, by the appointment of commissioners, and the making of such interlocutory orders necessary to carry into full effect the objects and purposes of this act: Provided however, That in all cases where the vested interest in the estate sought to Proceeds o sale to be secured and vested. rein Court to have uate sales, and 1862. be sold is held by infants or married women, the proceedings to effect the sale shall be made in conformity with the 86th chapter of Revised Statutes in relation to the sale of the real estate and slaves of infants, &c., and such amendments thereto as have been made by law. § 5. This act to take effect from its passage Approved August 23, 1862. CHAPTER 621. AN ACT to amend an act, entitled, an act for the benefit of common schools, approved March 15, 1862. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That the first section of an act for the benefit of common schools be so amended, as to extend the time in which commissioners of common schools in this Commonwealth may report schools taught during the year 1861, and not heretofore reported, to the first Thursday, Friday, and Saturday in January, 1863. Approved August 26, 1862. CHAPTER 622. AN ACT to establish a Medical Commission. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That there shall be established in the city of Louisville, or at such other place in the State as the Governor may indicate, a Medical Commission, consisting of three persons learned in the medical profession, whose duty it shall be to examine into the qualifications and professional skill and character of such applicants for appointment in the medical staff of volunteer regiments, organized, or to be organized, in this Commonwealth, for State or Federal service, as may be referred to them. The members of this commission shall be appointed by the Governor, by and with the advice and consent of the Senate; and all vacancies in said commission whether from death, resignation, or otherwise, shall be filled in like manner. § 2. It shall be the duty of such commission to examine only such persons as may be referred to it by the Governor of the State. They shall report to the Adjutant General the result of their examination-stating first, whether the applicant be or be not qualified to enter the service; and if qualified, designate the grade on the staff for which his application may be properly considered. § 3. The Board shall be compensated by a tax of ten dollars, to be charged to the applicant for examination. § 4. That no candidate shall be required to appear before said board who has heretofore received a certificate of qualification from the United States Examining Board, or any one of them. 5. This act shall take effect from its passage. 1862. Approved August 26, 1862. CHAPTER 623. AN ACT to provide for drafting a military force whenever the same is required. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That whenever the Government of the United States shall make a requisition for troops upon the State of Kentucky, or whenever it may be necessary to raise troops for the use and defense of this Commonwealth, the number of troops required, unless a sufficient number of volunteers offer themselves for the service, shall be supplied by draft in the following manner: Requisition for troops may be supplied by drah I militla is not organized, comto be appointed. mis'rs to enroll § 2. If the militia of the State be not organized so that the Governor can, by his orders to division, brigade and regimental officers, direct how many officers and men each division, brigade, and regiment shall furnish, then the Governor shall appoint a sufficient number of Commissioners to ascertain and enroll all persons who are by law required to constitute the militia of the Commonwealth, provided that the number of Commissioners so appointed shall not exceed the number of counties in the State. §3. The Commissioners, or any of them, so appointed, "How com'rs may be required to perform duty in any one or more of the counties of the Commonwealth; and it shall be their duty, under the direction of the Governor, with all practicable dispatch, to ascertain from any and all sources of information the names of all able-bodied free white male citizens between the ages of 18 and 45 years, of each county, and to make out a complete roll for the several counties of all such persons. perform duty. Cause of ex § 4. If any person thus enrolled is, by the laws of the United States or by the laws of this State, exempted from emption to be the performance of military service, then the Commissioner shall note the fact, and the cause of the exemption upon the roll opposite the name of such person, and the military strength of each county shall be ascertained by deducting the number exempted from the whole number on the roll. |