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sentative dis.

CHAPTER 292.

1861. AN ACT to amend section 473 of the Civil Code of Practice. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That section 473 of the Civil Code of Practice be, Demand of

debt against a and the same is hereby, so amended that when the person- personal repreal representative of any estate of any decedent is a non

pensed with in resident of this State, or shall have been absent from said certain caser. State for four months, or shall voluntarily have been in the so-called Confederate States of America, or shall have left the place of his residence, and voluntarily remained within the lines of the army of said Confederate States for two months, no demand of the payment of the debt due by the estate shall be necessary before the institution of the suit; but this act shall not be construed so as to dispense with the affidavit required in sections 35 and 36 of article as heretofore, Ł, chapter 37, of the Revised Statutes. 02. This act shall take effect from and after its passage.

Approved December 20, 1861.

Andavit,

necessary.

CHAPTER 298.
AN ACT to change the times of holding the Lincoln and Pulaski circuit courts.

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

§ 1. That hereafter the Lincoln circuit court shall com- Linoolo. mence on the first Mondays in March and September, and the Pulaski circuit court on the third Mondays in March

Pulaski, and September, instead of the times now fixed by law, and that the Pulaski circuit court shall be entitled to continue in session eighteen juridical days.

§ 2. That all process issued and made returnable, and process, de, all recognizances taken to said courts, as now held, shall have the same effect as if issued, made returnable and taken to the said courts, as fixed by this act. 13. This act to take effect from its passage.

Approved December 20, 1861.

CHAPTER 301.
AN ACT to abolish the office of President of the Board of Internal Improve-

ment, and to create a new board and to prescribe their duties.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

$1. That the office of President of the Board of Internal Improvement is hereby abolished.

2. The first section of chapter 54, Revised Statutes, in relation to internal improvements, is hereby repealed.

Pres. Board Int. Imp. a bels ished,

1861. § 3. A Board of Internal Improvement shall hereafter New Board cre

consist of three persons, one of whom shall reside on or ated.

near the line of the Green and Barren river, and two at

the seat of government, who shall be elected by the LegisTerm of office. lature, and who shall hold their office for four years, unless

they are sooner dispensed with by the Legislature, and Salary. who shall receive a salary each of two hundred dollars

per annum; and in case of a vacancy, by death or removal, Vacancy. the vacancy shall be filled by the Governor, by and with

the advice of the Senate,

$ 4. The Board may, from time to time, appoint a superSuperintend't. intendent of the Green and Barren river works, and also

one for the Kentucky river, prescribe their duties, and fix Duties and their compensation, at a sum not exceeding five hundred compensation.

dollars

per annum each.

$ 5. The Board shall elect one of their own body secreSecretary. tary, who shall serve without further compensation.

8 6. The Board shall be governed, in all respects, by the How Board to laws now in force in relation to internal improvements, and be governed.

the duties imposed upon the former Board, except so far as the same are modified by this act.

$ 7. That the Board created and provided for by this act, May bring and may bring and prosecute any actions at law, or in equity, prosecute suits.

which the President of the former Board was authorized Actions now to institute, embracing any actions now pending in the pending how prosecuted. name of such President; and that suits now pending in

the name of such President shall not abate, but proceed
in the name of the Board created by this act.
$ 8. This act to take effect from its passage.

Approved December 20, 1861.

CHAPTER 302.
AN ACT for the benefit of the Commercial Bank of Kentucky.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

$1. That the charter of the Commercial Bank of Ken. Pebts may be tucky be, and the same is hereby, so amended, that it shall transfer of be lawful for said bank, at its option, under such rules stock,

and regulations as may be prescribed by the president and board of directors thereof, to receive the transfer of any portion of the capital stock of said bank in payment of the whole or a part of any debt or debts due, or to be. come due to said bank, and to sell the same.

§ 2. This act shall take effect from and after its passage, and be in force for one year.

Approved December 21, 1861.

be removed.

CHAPTER 304.

1861. AN ACT for the benefit of the Bank of Ashland. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the Bank of Ashland be, and is hereby, au- Parent bk. may thorized and permitted to remove the parent bank, or any of its branches, from the places where the same are now established by law, to such place or places as the exigencies of the times, or the welfare and safety of the bank, may require ; and it shall be lawful for said bank, or any of its branches, thus removed, to transact all its legitimate business at the place to which the removal may be made, in the same manner, with the same privileges, and under the same restrictions, as are now fixed by law: Provided, That Bank not to this act shall not be construed to allow the bank to establish establish any more branches than are now provided for by law; nor shall the parent bank, nor any of its branches, be removed the State

moved out of beyond the limits of the State; nor shall the principal Removal not to bank, or any of its branches, be permanently removed from be permanent. the points at which they are now located. 12. This act to take effect from its passage.

Approved December 21, 1861.

any more branches.

Not to be re

CHAPTER 306.
AN ACT for the benefit of the late sheriffs of this Commonwealth.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

§ 1. That the late sheriffs of this Commonwealth whose Twa years givterms have expired or who have resigned since the 1st day colleco of January, 1857, shall have the further time of two years, arrearages of from and after the 1st day of January, 1862, to collect all fee bills, &c. arrearages of taxes, county levies, and fee bills due them; the said taxes, county levies, and fee bills shall retain their distrainable force for the further period hereby allowed to collect the same; and said sheriffs are hereby allowed to place said taxes, county levies, and fee bills, in the hands of any sheriff, deputy sheriff, or constable, of their respective counties, for collection.

§ 2. That before any sheriff shall have the benefit of Bond to be girthis act, he shall enter into bond, with approved security, before the county court, conditioned to pay all damages and costs that may be incurred by any party aggrieved, by reason of any illegal act or acts in the collection of said arrearages of taxes, fee bills, and county levies. Í 3. This act shall take effect from and after its passage.

Approved December 21, 1861.

on.

1861.

CHAPTER 309.
AN ACT for the protection of small birds and other game.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

1. That it shall be unlawful for any person, at any Certain small time, to kill, injure, or pursue with such intent, on the Mrds protect

premises of another, or on any public highway or cominon, any sparrow, robin, marten, mocking bird, thrush, swallow, wren, red bird, blue bird, screech owl, or any other bird smaller than a quail, except the snipe and plover.

§ 2. That it shall be unlawful, at any tiine after the first day of April and before the first day of September of each year, to catch, kill, or in any manner destroy, or pursue with such intent, any quail, partridge, pheasant, meadow Jark, woodcock. snipe, or plover, or, at any time after the first day of May and the middle of September of each year, to catch, kill, or destroy, or pursue with such intent, any wild goose, wood duck, teal, or other wild duck, or to have in his possession, or to expose for sale, any of the

birds or game mentioned in this act, during the time that Proviso, the killing of the same is prohibited: Provided, That noth

ing in this act shall at any time prevent the killing of birds of prey, or birds that are destructive to the grain or fruit crops.

§ 3. That it shall be unlawful to disturb or destroy any Birds' nests & orgs protected. of the nests or eggs of the birds protected by this act.

4. That any person violating the foregoing provisions Penalty.

of this act, shall, upon conviction thereof before a justice of the peace, be liable to a fine of not less than one dollar nor more than fifteen, with cost of suit.

$ 5. That it shall be unlawful for any person to shoot or Female deer kill any female deer between the first of March and the protected.

first of August following, and that upon the conviction of

any person violating this section, shall be fined not les Poaalty. than five nor more than twenty dollars, recoverable as set forth in the fourth section of this act.

Approved December 21, 1861.

CHAPTER 311.

AN ACT to amend chapter 83, of the Revised Statutes, title Revenue and

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

$1. That if, hereafter, from any cause, the annual tai When tas lists in any county in this Commonwealth shall not be from old book. taken, or the tax-book therefor shall not be returned to the

office of the Auditor of Public Accounts, as now required

Auditor to

by law, the taxes due by the tax-payers in such county 1861. shall be assessed, collected, and paid according to the assessment contained in the tax-book last returned from such county on file in the Auditor's office, and of which the Auditor shall give notice by publication in one of the rive notice. newspapers published at the seat of Government.

$ 2: The Commonwealth shall have a lien upon the Lien for taz. property thus assessed for the revenue tax due thereon, in the hands of whomsoever the same may be found; and the sheriff or collector shall have power and authority to distrain for the taxes aforesaid, as in other cases for the collection of the public revenue. § 3. This act shall take effect from and after its passage.

Approved December 21, 1861.

CHAPTER 313.

AN ACT to amend sections 486 and 487, title 10, chapter 7, Civil Code of

Practice.

revenue

tice.

Be it enacted by the General Assembly of the Commonweulth of Kentucky : $1. That section 486 of the Civil Code of Practice, title

Motions 10, chapter 7, be, and the same is hereby, amended, and against de

faulting officers shall read as follows, to-wit: Where the debt is due by a for: sheriff, clerk, or collector of the revenue, or any other main be made receiver of public moneys, for money collected or received, circuit court of and such officer, collector, or receiver has failed to pay the ty without nosame, in the manner and at the time prescribed by law, the motion for the recovery of such debt may be made at the regular term of the Franklin circuit court next after such failure, or at any subsequent term of said court, without notice to such debtor or his sureties.

$ 2. That section 487 of the same code, title, and chapter, be, and the same is hereby, amended, and shall read as follows, to-wit: Where officers, corporations, or officers of corporations, are required to report to the Auditor of Public Against doAccounts the moneys in their hands belonging to the Com- ratious, &c. monwealth, or due by them, or by a corporation, to the Commonwealth, at a certain period or periods fixed by law, and a fine or penalty is imposed for such failure, the motion for the recovery thereof may be made at the term of the Franklin circuit court next after such failure, or at any subsequent term, without notice to said party in default. 3. This act to take effect from and after its passage.

Approved December 21, 1861.

Motions

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