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1861.

order, he shall be governed by the law now in force in relation to call courts.

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

Approved October 3, 1861.

CHAPTER 164.

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

$1. That so much of an act, entitled “An act to change the boundary line between the counties of Hart, Barren, and Metcalfe," approved May 24, 1861, as relates to the line between Barren and Metcalfe, be, and the same is hereby, repealed. 2. This act shall take effect from and after its passage.

Approved October 3, 1861.

of Kentucky :

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CHAPTER 170.
AN ACT appointing commissioners to mark and establish the line between the

counties of Henderson and Webster and Union and Webster.
Be it enacted by the General Assembly of the Commonwealth

$1. That the county surveyors of Webster and Hender- Commissionors son counties be, and they are hereby, appointed commis- run and mark sioners to mark and establish the county line between the county line, counties of Webster and Henderson.

12. That said commissioners mark and establish that portion of the line between the counties of Webster and Union which lies between a point in said line near Eliza Duncan's and White Lick, on Highland creek; and said commissioners, in marking and establishing said line between said counties, shall be governed by an act passed by the General Assembly of this Commonwealth the day of September, 1861.

9 3. That the county court of Webster county is hereby Pay to commisauthorized to appropriate a sum sufficient to pay said sioners. commissioners for their services in marking and establishing said county lines. $ 4. This act to be in force from its passage.

Approved October 3, 1861.

1861.

CHAPTER 171.
AN ACT to change the times of holding circuit courts in Cumberland and

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

§ 1. That hereafter the October term of the circuit court Cumberland in Cumberland county, in the sixth judicial district in this continuo 6 days State, shall continue only six juridical days instead of

twelve, as now provided by law.

§ 2. That from and after the passage of this act, the Russell circuit circuit courts of Russell county, in the district and State menced 20 Mon- aforesaid, shall be held on the second Monday in May, and day in Max and the first Monday in November, to continue each six juridiNov., & to con- cal days. tinue 6 days.

§ 3. That all process issued, and all recognizances taken Process. and made returnable at the terms of said court which are

changed by this act, shall stand returnable to the terms as fixed by this act, in the same manner as though the same were issued and taken returnable to the terms as herein fixed and regulated.

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

Approved October 3, 1861.

CHAPTER 181.

AN ACT to increase the pay of the members of the Military Board. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the members of the Military Board shall Salaries of Mil- hereafter each receive and be allowed a salary of one $1,000 per anita.co Board thousand dollars per annum, to be paid them respectively,

as other salaries are now paid, in lieu of the salaries now allowed them by law; each member of said Board shall be paid for their services during the residue of the present year, at the rate of one thousand dollars per annum.

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

Approved October 3, 1861.

num.

CHAPTER 182.
AN ACT to amend the law regulating the taking of depositions out of the

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

That where depositions have been taken out of this

State to be used in this Commonwealth, any such deposi 1861. tion or depositions may, after being sealed up by the offi

Depositions tacer taking the same, and directed to the clerk, or court, or ken out of the justice, where or before whom the action is pending in be transmitted. which the deposition is to be used, be delivered to the party taking the same, his agent or attorney; and when deposited by such party, his agent or attorney, with such clerk, court, or justice, shall be sufficient to authorize the reading of such deposition or depositions upon the

trial, if, in other respects, they have been legally taken : Provided, Proviso as to That the person or persons conveying and delivering the oath of the car

rier. depositions shall take an oath that the same have not been opened by him, nor by any other person, to his knowledge or belief.

Approved October 3, 1861.

CHAPTER 183.

AN ACT to provide for a clerk in the Treasurer's office. Be in enacted by the General Assembly of the Commonwealth of Kentucky:

ģ 1. That the Treasurer be, and he is hereby, allowed annually the sum of three hundred dollars, to enable him to employ a clerk; which sum shall be paid monthly out of any money in the treasury not otherwise appropriated. $2. This act shall take effect from and after its passage.

Approved October 3, 1861.

CHAPTER 184.

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AN ACT to amend the common school law, defining the number of days in a

school month. WHEREAS, Doubts exists among many teachers and trustees of common schools as to the number of school days in a month; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That twenty-two school days, or days in which

Common school teachers are actually engaged in the school room, shall month to be 22 constitute a school month in the common schools of this actual session. State. 2. This act shall take effect from and after its passage.

Approved October 3, 1861.

1861.

CHAPTER 187.
AN ACT to compel the attendance of absent members of the General Assem-

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

§ 1. That if, at any time, when the General Assembly is in Attendance of session, there should be less than a quorum in either or both bers of General branches of the Legislature, the Speakers of the two As sembly way Houses, if present, and if either or both Speakers are not

in certain cases. present, two members of the Senate and three of the

House, shall have power to adjourn from day to day, and shall be authorized to compel the attendance of absent members.

§ 2. The Speakers of the two Houses shall have power, How.

by proclamation, to warn in the absent members by a named day, and upon the failure of any absent member to attend on the day designated, to issue their warrants to the Sergeant-at-Arms of either or both Houses, and to such sheriffs, constables, or jailers as they shall see fit, to arrest and bring to the Capitol the absent members; in case the Speaker of the House is not present, three members may sign the warrants in his stead; and in case the Speaker of the Senate is not present, two members of the Senate may sign the warrants in his stead; and in case both Speakers are not present, the warrants shall be signed by three members of the House and two of the Senate.

$ 3. It shall be the duty of the Sergeant-at-Arms, all How warrants sheriffs, constables, and jailers, to execute said warrants; to be executed. and if they fail or refuse to do so, they shall be fined in a

sum not less than one hundred dollars nor more than one

thousand dollars; and the officer executing such warrants Fees.

shall receive as his fee and for mileage the same sum that sheriffs are entitled to for like services.

§ 4. The member so arrested shall pay all the cost of his How costs to be arrest, to be retained out of his per diem, if it shall be so paid.

much; and if not, to be recovered as other debts due to the Commonwealth; and the member so arrested and brought to the Capitol shall pay such other sums above the cost of

his arrest as the House of which he is a member shall Proviso. impose as a fine: Provided, however, That either House

shall, for good cause shown, relieve their members so arrest-
ed from the penalties imposed by this section.
$ 5. This act to take effect from its passage.

Approved October 3, 1861.

CHAPTER 188.

1861. AN ACT to prohibit the sale or gift of intoxicating liquors to officers or soldiers.

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

§ 1. That it shall be unlawful for any one to sell to Sales of spiritany officer or soldier any intoxicating liquor, within five ous liq'rs with miles of any military camp; and if any person shall, camp prohibitwithin five miles of any military camp, sell any intoxica- ed. ting liquor to any officer or soldier, he shall be fined in a sum not less than ten nor more than one hundred dollars,

Penalty. for every such offense. Any commissioned officer of a

How offender camp may have an offender against this act arrested and may he arrest

ed and proceedcarried before a justice of the peace, who shall, as a court ed against. of inquiry, hold the party arrested to bail to answer before the circuit court, or discharge him, as the proof may require : Provided, That nothing in this act shall prevent the pur- Proviso. chase of liquor by the medical department of the army. § 2. This act to take effect from its passage.

Approved October 3, 1861.

CHAPTER 189.

AN ACT to amend chapter 93, article 6, section 5, Revised Statutes, title Run

away Slaves.

Be it enacted by the General Assembly of the Commonwealth of Kentucky: $ 1. That so much of section five, of article six, of chap

2 S. R. S., p. ter ninety-three, of the Revised Statutes, as requires the 373. county courts of this State to cause a value to be fixed on slaves therein required to be sold, is hereby repealed. $ 2. This act to take effect from its passage.

Approved October 3, 1861.

CHAPTER 190.
AN ACT to amend article 3, of chapter 48, of the Revised Statutes.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

$1. That M. C. Johnson, D. A. Sayre, Hiram Shaw, sr., 2 S.R.S., p. 40. S. L. Letcher, E. L. Dudley, and C. S. Bodley, be, and they managers apa

New Board of are hereby, constituted a Board of Managers of the Eastern pointed. Lunatic Asylum, with all the rights, powers, and privileges of the present Board of Managers of said institution, as

Two to remain set forth in article 3, of chapter 48, of the Revised Statutes in office 2 years, of Kentucky; the said Johnson and Sayre to remain in two 6 years. office, as members of said board, for the space of two

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