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CHAPTER 859.

AN ACT for the benefit of George Long, a free man of color, of Christian county.

Whereas, George Long, a free man of color born in Christian county, and having re-ided there until the fall of 1861, did then, under the advice of many citizens of said county, leave the State to avoid being pressed and sent beyond the State to work on fortifications by the Confederate troops, who then had possession of that end of the State; and whereas, he now desires to return to his native home in said county--for remedy,

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

§ 1. That the said George Long be permitted to return to his former home in Christian county, without incurring any of the pains or penalties enacted by law against free negroes for coming into this Commonwealth.

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

Approved February 21, 1863.

1863.

CHAPTER 860.

AN ACT for the benefit of Thomas J. Jones, sheriff of the county of
Graves.

Whereas, it satisfactorily appears to this General Assembly that Thomas J. Jones, sheriff of the county of Graves, owing to the unsettled state of the country, and threats of personal violence towards him, was prevented from collecting the public revenue due from said county for the year 1861 by the time required by law, and that the Commonwealth has obtained a judgment against him, on account of said defalcation, for the principal revenue, interest thereon, damages and costs, all of which he has paid. into the public treasury except the damages--therefore,

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

1. That the said sheriff be and he is hereby released from the payment of said damages; and that in his settlement with the Auditor of Public Accounts, for the revenue of said county for the year 1862, he shall have credit with the treasury for the sum of two hundred and twenty-five dollars and twenty cents, the amount of interest paid by him on said judgment.

2. This act shall take effect from and after its passage. Approved February 21, 1863.

1863.

CHAPTER 862.

AN ACT for the benefit of Pleasant J. Potter, sheriff of the county of
Warren.

Whereas, it has been made satisfactorily to appear to this Legislative Assembly that Pleasant J. Potter, sheriff of the county of Warren, on the 28th September, 1861, paid into the branch of the Bank of Kentucky, at Bowlinggreen, to the credit of the branch of the same bank at Frankfort, the sum of one thousand dollars of the State revenue collected by him in the county of Warren for the year 1861; and that afterwards, on the 20th December, 1861, the said sheriff, under the orders of the so-called "Provisional Government of the State of Kentucky," paid, under protest, to John Burnam, the treasurer thereof, the sum of nine hundred and forty-one dollars and sixty-seven cents more of said revenue-therefore,

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

§ 1. That the Auditor of Public Accounts shall and he is hereby directed to enter a credit to the said Pleasant J. Potter, sheriff of the county of Warren, for the sum of one thousad nine hundred and forty-one dollars and sixty-seven cents, on account of the revenue due from the said county for the year 1861, being the amount of said revenue paid by him as recited in the preamble to this act: Provided however, That nothing herein shall be so construed as to exempt any other person or persons from liability for the improper seizure or appropriation of said revenue: Provided further, That nothing in this act shall be construed to release the bank at Bowlinggreen or bank at Frankfort from the payment of one thousand dollars deposited in the bank at Bowlinggreen.

§ 2. This act shall take effect from and after its passage. Approved February 21, 1863.

CHAPTER 866.

AN ACT concerning the Richmond, Otter Creek, and Boonsboro' Turnpike Road Company.

Whereas, it has been rep esented that the Richmond, Otter Creek, and Boonsboro' turnpike road company have constructed, in part, their road from the town of Richmond toward the Kentucky river, a distance of about five miles, and yet said road is involved in debt, and the receipts in tolls do not more than keep it in repair-therefore,

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

§1. That on a petition in equity, filed in the Madison circuit court, by the president and treasurer of said road

company, praying a sale of said road and its privileges, in which prayer a majority of those holding stock shall concur, power and authority is hereby conferred on said court to decree a sale of same, and a distribution of the proceeds thereof among those who own stock in proportion to the amounts paid by them severally; or said court may, in its discretion, upon equitable terms, adjudge a lease of said road for a term of years, to discharge the indebtedness. of the company, and secure the extension of said road.

§ 2. That Madison county being interested as a stockholder in said road, must be a party to said suit, and may be brought before the court by the service of process on the presiding judge of the county court of said county. §3. This act to be of force from its passage.

Approved February 21, 1863.

1863.

CHAPTER 867.

AN ACT to incorporate Sherburn Chapter of Royal Arch Masons, of the county of Fleming.

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

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§ 1. That John Roby, Joseph Williams, Edmund Moren, and John W. Tanner, and their successors, be and the same are hereby constituted a body corporate, under the name and style of Sherburn Chapter of Royal Arch Masons; that they may have and use a common seal, by such style they may sue and be sued; that they may receive, by donation or gift, or may purchase and hold such property as may be necessary for the use of said chapter; that they may enact by-laws for the government of said chapter; and that they shall enjoy all the rights and privileges which may be necessary and beneficial to said corporation, within the purview of the objects of said chapter.

§2. That this act shall take effect from and after its passage.

Approved February 21, 1863.

CHAPTER 868.

AN ACT to incorporate Cherokee Tribe, No. 36, Independent Order of

Red Men.

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

§ 1. That B. H. Frederic Betz, O. Sommer, B. Ch.;

Gotthelf, Deputy Grand Chief; John
Ch.; Wm. Sheuerer, U. Ch.; David
Lewis Geiwitz, Priest; Henry Nolte,

1863.

Treas.; Andreas Miller, Sec.; Jos. Faulkirch, Marshal; Geo. Reichert, Herald; Peter Plenner, Thr.; Jos. Berg, G. and Z. W.; Jos. Sol. Kohn, W. W., and forty-three other associates, the present members of their society, and their successors, be and they are hereby constituted a body politic and corporate, by the name of "Gherokee Tribe, No. 36, Independent Order of Red Men, of Louisville, Ky.;" and by that name shall have perpetual succession, and are empowered and rendered capable to receive, by gift, grant, purchase, and devise, such real estate and personal property as may be necessary to the proper enjoyment of their corporate rights, as a benevolent society, not exceeding fifty thousand dollars in value; and that they may sell, exchange, convey, transfer, and assign the same, at pleasure, and may form and adopt a constitution and by-laws, not inconsistent with the laws and constitution of this Commonwealth, and of the United States of America, for the government of said society, and for the regulation of its affairs.

§ 2. The said tribe may elect such officers, and at such times, as prescribed by their constitution.

§3. That said tribe may sue and be sued by its corporate name, and in any legal process be represented through its presiding officer, and in his absence by the U. Ch, B. Ch., treasurer, or secretary, according to their respective grades.

§ 4. That, in the event this society should ever be so reducel in numbers as to contain less than eleven members, it shall, ipso facto, be dissolved, and all property which shall then belong to it shall be vested in the city of Louisville, for the use of the public schools thereof.

§ 5. The General Assembly shall have power to alter, change, amend, or repeal this act at pleasure.

Approved February 21, 1863

CHAPTER 869.

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

§ 1. That appeals may be taken from the judgments of the police judge of Springfield to the quarterly court of Washington county, in all cases for the breach of the penal laws of the State or the ordinances of said town, where the same is not less than five dollars and does not exceed fifty dollars, exclusive of costs; and to the Washington circuit court, where the judgment is fifty dollars or more. The appeals shall be taken in the same manner, and within the same time, that appeals are now, by law, allowed to

be taken in penal cases from the justices' courts to said courts respectively.

§ 2. That the justices of the peace residing in the magistrates' district in which the town of Springfield is situate, shall have concurrent jurisdiction with said police judge in the trial of all cases for the breach of the penal laws of the State, or ordinances of said town, from whose judgment appeals may be taken as provided in the first section of this act, and shall have the same fees in such cases.

3. That the twenty-third section of the act of which this is an amendment, entitled, " an act to reduce into one the several acts relating to the town of Springfield," approved 15th February, 1858, is hereby repealed, and no other fees shall be taxed except those named in the thirteenth and twentieth sections of said act.

§4. That Anthony McElroy is exempted from the payment of town tax, either per capita or ad valorem, upon all slaves which he works exclusively upon his farm, any law regulating said town notwithstanding.

5. This act to take effect from its passage.

Approved February 21, 1863.

1863.

CHAPTER 870.

AN ACT to authorize the Commissioners of the Sinking Fund to purchase a lot in Frankfort for the State.

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

1. That the commissioners of the sinking fund be and they are hereby authorized to purchase, for the use of the State, on such terms, and at such times, as they may think proper, of Newton Craig, (provided he has a good title thereto,) a certain lot of ground in the town of Frankfort, binding on the street leading from the penitentiary to the Kentucky river, and lying back of the penitentiary ware-house, for such sum as they may deem just; and that they have the same conveyed to the State by deed with general warranty.

2. That the said commissioners are hereby authorized to draw their warrant on the treasury for the sum agreed on by them to be paid for the lot of ground.

3. This act is to go into effect from its passage.

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Approved February 21, 1863.

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