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1861.

$ 15. To T. S. & J. R. Page, for three boxes of English crape, per bill, twenty-eight dollars and fifty cents.

§ 16. To Gray & Todd, per bill rendered, eight dollan and eighty cents.

§ 17. To John L. Moore & Son, for carpet for clerk's office of court of appeals, thirty-nine dollars.

§ 18. To E. H. Tole, for putting down and making carpet in court appeals clerk's office, seven dollars seventy-five cents.

§ 19. To J. W. South, for bagging put under carpet in court of appeals clerk's office, four dollars sixty-two cents.

$ 20. To the Sergeant-at-Arms of the House, twenty dollars, to be drawn and distributed by him equally amongst the four negro men who have attended upon the Capitol this session.

§ 21. To Daniel Clark, the ancient Governor, for his services one year as porter for public offices, fisty dollars.

§ 22. To A. Conery, to cleaning and repairing clocks in Senate chamber and hall of House of Representatives, sir dollars.

§ 23. To J. M. Mills, three dollars and twenty-five cents, per bill rendered.

§ 24. To W. H. Averill, per bill rendered, four dollars.

§ 25. To T. T. Alexander, as one of the committee to carry resolutions to General Anderson, six dollars and twenty-five cents.

$ 26. That Joseph B. Lewis is hereby allowed three dollars per day, for each day he has served as clerk of the Committee on Enrollments, during the present adjourned session of the General Assembly; the number of days he has so served to be certified by any member of said committee to the Auditor; and the Auditor shall draw hic warrant on the treasury, in favor of said Joseph B. Lewis, for the amount thus ascertained to be due him for his services aforesaid. $ 27. This act shall take effect from and after its passage.

Approved December 23, 1861.

CHAPTER 371.
AN ACT to amend the Code of Practice in civil cases.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

$1. That in addition to the grounds for attachments Stanton's Code enumerated in the Code of Practice in civil cases, there

.: 134; shall be the following: That the defendant or defendants, Additional Krounds for at- or some of them, are in the service of the army of the sobacbment.

called Confederate States of America, or any military body of men co-operating with said army.

Proctice, p. 134,

$ 2. That he or they have voluntarily left the county of 1861. his or their residence, have been absent therefrom for thirty days, and, during said period of time, have been, and continued voluntarily, within the so-called Confederate States, or their military lines.

§ 3. That he or they have voluntarily left the county of his or their residence, for the purpose of joining the army of said Confederate States, or any inilitary body of men co-operating with said army, or for the purpose of entering the service, either civil or military, of said Confederate States, and leaving for such purposes, or either of them, have remained absent from such county, so that the ordinary process of law could not be served upon them, for thirty days, and continued so absent.

4. The grounds herein stated, or either of them, shall be sufficient to authorize and sustain the actions and attachments by creditors under section 259, or by sureties Suretion. under sections 229 and 730, of the Code of Practice in civil cases.

05. The property, or interest alone of the party, shall What property be subject to attachment, as to whom the herein enumer- ject to attackated grounds, or some of them, exist; and the proceedings, ment. except so far as herein changed, shall be the same as under existing laws in relation to attachments.

9 6. Warning orders may be obtained on any of the Warning or grounds set forth in sections 1st, 2d, and 3d of this act,

d, and on 0 ms act, proceedings, against any defendant to whom they may apply, in the same manner, with the same effect in all respects, and subject to the same proceedings, as are now had for existing causes of constructive service.

7. Wherever the property of any defendant is subjected, or attempted to be subjected, to any debt or damages, or for indemnity for any debt or damages, by means of an attachment issuing under the provisions of this act, the proceedings may be equitable; and in all actions and attachments prosecuted under this act, the courts having jurisdiction shall have full power to make all proper orders and judgments for the administration of justice to all parties.

$ 8. When the plaintiffs, or any one of them, shall, in Plaintiff may addition to the grounds alleged for an attachment under make affidavi

as to certain the provisions of this act, file an affidavit, alleging that matters. the facts, stated as the grounds of the attachment, are within the knowledge of the defendant or defendants, and, so far as he knows or believes, cannot be proved otherwise than by the answer of the defendant or defendants, the grounds of the attachment shall be taken as true, unless controverted by the answer of such detendant or defendants, sworn to by him or them personally.

9. In any action by any railroad company, by the

ders and other tions may have attachm'ts for

euted.

1861. Board of Internal Improvement, or by any corporation, for

torts, including trover, a general attachment may be issued, Railroads and other corpora- when any of the grounds set forth in this act are shown by

op affidavit, without any bond being executed by the plaintorts without tiff, as required by section 224 of the Code of Practice in

civil cases; but the affiant must show the amount of damages sustained and claimed.

10. That section 93 of said Civil Code be so amended Where suit that any railroad company, or the Board of Internal Imand how prose: provement, or other corporation, for any trespass on or

conversion of their property, may institute and prosecute suits in either the common law or equity courts of any county through or into which their railroad or work of improvement may extend, or in which the defendants, or any of them, may have property; and for said trespass or conversion, a joint or several suits may be instituted, and a judgment against and recovery from one or more persons for said damages, shall be no bar to a recovery from any other person or persons, until the full amount of their loss has been recovered and satisfied, and proof of full recovery and satisfaction of damages in said suits shall devolve on the defendants.

§ 11. All orders for attachments under this act, or any Who may other law, may hereafter be made and granted by any judge grant orders for of a circuit or county court, or by the clerk of the court or

justice of the peace from whose office such attachment shall issue.

$ 12. None of the grounds of attachment set forth in Exception. section 2 of this act shall apply to any person or persons

who shall be, or shall have been so within the Confederate States, or their military lines, by the order or direction of the United States or the State of Kentucky, or any authorized officer or agent of either of them.

§ 13. The attachments which may be granted under the Lien in favor provisions of this act, shall create a lien upon the property of attaching of the defendant, in the same manner as now provided by oroditors.

the provisions of the Civil Code of Practice in cases of
attachments therein specified; and they shall, moreover,
have priority of all deeds of trusts or mortgages affecting
said property, which shall not have been lodged for record
in the proper office, in accordance with chapter 24 of the
Revised Statutes, title Conveyances, prior to the time when
such attachments, under the provisions of the Civil Code
of Practice, create a lien.
$ 14. This act to take effect from its passage.

Approved December 23, 1861.

attachments,

CHAPTER 380.

1862. AN ACT to repeal an act, entitled “ An act to change the times of holding the

Lincoln and Pulaski circuit courts,' approved December 20, 1861.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

61. That an act, entitled “ An act to change the times Act of Dec. 20. of holding the Lincoln and Pulaski circuit courts,” ap- 1061, repealed. proved December 20th, 1861, be, and the same is hereby, repealed; and that the times of holding said courts be the same as heretofore fixed by law. $ 2. This act shall take effect from and after its passage.

Approved February 19, 1862.

Trustees an

cure endowm't

CHAPTER 387.
AN ACT for the benefit of Transylvania University.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

That the trustees of Transylvania University be, and are hereby, authorized to procure from any educational cor- thorized to proporation, or society, or any religious denomination, an en- of not less than

$50,000. dowment not less in value than fifty thousand dollars, and in consideration therefor, authorize such endower, or such corporation or persons as may be agreed upon, to appoint such a portion of the trustees as may be agreed, and may to be appointd. increase the number of trustees; and the trustees so appointed shall have equal powers with the present trustees; Their power. also to agree with such endower as to the appointment Appointment and removal of the various professors and other officers of the University, which agreement shall be as binding as if made in an act of the General Assembly: Provided, however, That such agreement shall be recorded in the clerk's Agreement to office of the Fayette courty court before it shall go into ber effect.

Became a law by virtue of the constitution, February 21, 1862.

How trustece

and removal of professora.

bo reoorded.

CHAPTER 388.
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:

01. That for the purpose of securing the prompt pay. Sheriffs & 001ment of the public revenue, it shall be the duty of the lectors of rovesheriff or collector, immediately after the 1st day of June immediately

aftor 191 Juno in each year, to proceed with the collection of the same.

nue to proceed

doty.

e in eance on the said dietne place pay the tartimes an

1862. $ 2. That between the 1st day of September and the

15th day of October, in each year, the sheriff or collector «To appoint a place to receive shall attend at some public place, at least two days in each taxes.

of the election districts in the county, to receive the taxes

not theretofore paid ; and it shall be the duty of such of Tax payers' the tax-payers as have not paid, to attend at the times and

places designated by the sheriff, and pay the taxes due by Notice. ihem. Notice of the time and place fixed by the sheriff

for his attendance in said districts shall be given, by posting the same on the court-house door, and at some public place in each district, for at least thirty days prior to the time designated.

§ 3. If the tax-payer shall fail to pay his taxes before Tax payer's the 15th day of October, it shall be his duty to attend and daty.

pay the same to the sheriff or collector, at the court-house

of his county, before the 15th day of December; and if he Ten per cent. fails to pay before that day, ten per cent. upon the amount to be added in corta in cases." of his taxes remaining unpaid at that time shall be added

thereto, and collected by the sheriff or collector, and which shall be retained by them as part of, and in addition to, their commissions.

§ 4. It shall be the duty of the sheriff or collector, at the Sheriff & col- July, September, and November terms of the county court, lootor's duty.

to make a written statement, under oath, of the amount of revenue collected and in their hands, due the Common. wealth ; which statement shall be filed by an order of the

court, and a copy thereof transmitted by the clerk to the Copy of state- Auditor of Public Accounts; and it shall be the duty of transmitted to the sheriff or collector, immediately after making each Auditor.

:: statement, to pay into the public treasury the revenue in

his hands, as exhibited by said statement, after deducting

therefrom his commission upon the amount so collected.

: $ 5. Nothing in this act shall be construed to excuse the Not excused as sheriff or collector from the duty of paying into the public * now required by law.

treasury the whole amount of the public revenue due from his county, as now required by law.

Approved February 25, 1862

CHAPTER 392. AN ACT to amend the law in regard to sheriffs. · Be it enacted by the General Assembly of the Commonwealth of Kentucky:

i$ . That in all cases where, by reason of the invasion Further time of this State by the so-called Confederate troops, or those Sheriffs to exe- acting in concert with them, sheriffs have failed or been oate bonds for prevented from executing the bond required by law for the

collection of the revenue, the further time until the March

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collectico rovento.

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