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1862.

upon the judgments so rendered, including the right of
appeal, as though said judgments had been rendered at a
regalar term of court under existing laws.
§ 2. This act to take effect from its passage.

Approved March 15, 1862.

CHAPTER 603.

AN ACT repealing all laws permitting the Commissioners of the Sinking Fund

to make loans, and requiring the outstanding loans to be collected. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

$1. That all laws permitting the Commissioners of the Laws author's Sinking Fund to make loans of the money belonging to Fund money that department, except to the State of Kentucky, be, and except to State, repealed.

the same are hereby, repealed.

§ 2. That it shall be the duty of the Commissioners of Com missioners the Sinking Fund to proceed, as soon as may be, to collect collect debts the outstanding loans due that fund; and if, in their judg. Fund on loans. ment, the interests of said fund will be secured or promoted

May purchase thereby, said commissioners may, on behalf the Sinking collection of Fund, purchase any of the bank stocks pledged as security debts.

for said loans at their market price, not exceeding, however, their

par value.

$ 3. That power and authority be, and are hereby, conPower to sell ferred on the Commissioners of the Sinking Fund, to sell given.

at public or private sale such shares of bank stock, so au-
thorized to be bought by them, whenever at any time they
may deem the same to be necessary for the interest of the
State.
§ 4. This act shall take effect from its passage.

Approved March 17, 1862.

CHAPTER 604.
AN ACT supplemental to an act, entitled "An act repealing all laws permit-

ting Commissioners of the Sinking Fund to make loans, and requiring the
outstanding loans to be collected."

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

§ 1. That nothing in the act to which this is a suppleCom missioners ment, shall be so construed as to prevent the Commissiontion in collect- ers of the Sinking Fund from exercising a prudent and ing.

reasonable discretion in all their proceedings for the collection of the outstanding loans to individuals from said fund; but in all such, they shall be regulated by what they may deem the best interests of the State: Provided, That the collection of no debt named in this act, or the one to which

1862.

this is an amendment, shall be suspended, unless by the
consent of a majority of the Commissioners of the Sinking
Fund, entered upon their journals, stating who was pres-
ent and consented thereto.
§ 2. This act shall take effect from and after its passage.

Approved March 17, 1862.

CHAPTER 605.
AN ACT authorizing the coroner to summon grand and petit jurors in certain

counties.
WHEREAS, It has been represented to the General Assem-
bly of the Commonwealth of Kentucky, that the office of
sheriff is vacant in many of the counties of this State,
and that no grand or petit jurors have been summoned for
the spring terms of the circuit courts in said counties;
therefore,

Be it enacted by the General Assembly of the Commonwealth of
Kentucky:
V 1. That the coroner in all the counties where there is

Coroners to no sheriff be, and they are hereby, authorized to summon, in certain case if they shall have been selected, if not, then to select and summon sixteen discreet housekeepers of their respective counties to act as grand jurors, and twenty-four discreet housekeepers to act as petit jurors, at the spring and sum

Summer terms. mer term of their respective circuit courts ; and said coroners are further authorized to summon, for the fall term of Fall terms. their respective circuit courts, the grand and petit jurors selected by the jury commissioners at the spring terms: Provided, The coroners acting under the authority of this

To take oath. act shall, before they proceed to summon said jurors, take the same oath as now required by law to be taken by sheriffs, and they shall be under the same responsibility as sheriff's now are in performing the same duties. 2. This act to take effect from its passage.

Approved March 17, 1862.

CHAPTER 606.
AN ACT in regard to equity and criminal courts.
Be it enacted by the General Assembly of the Commonwealth of
Kentucky:

§ 1. That in case any chancellor or judge of any equity Special judge and criminal court in this Commonwealth shall, from any criminal courte cause, fail to attend and open or hold court as required by and chancellors law, or if in attendance, cannot properly preside in any certain cases. cause pending in such court, it shall be lawful for the attorneys of the court who are present to elect a judge or chancellor to hold the court for the occasion, in the same

1862. manner, and with the like effect in all respects, as is now

provided by law for the election of special judges of the circuit court, when such judges may fail to attend.

§ 2. Judges and chancellors of equity and criminal Special terms courts shall have the same power as circuit judges now criminal courts have by law to hold special terms, under the same restricallowed.

tions and regulations, in all respects, as said circuit judges § 3. This act to take effect from its passage.

Approved March 17, 1862.

are.

CHAPTER 607.
AN ACT to amend the militia law.

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

§ 1. That the Kentucky militia shall consist of all ableof whom the bodied free white male citizens, between the ages of eighmilitia to conmist.

teen and forty-five years, resident in this State, and not exempted from serving in the militia by the laws of the United States or of this State, or subject to military duty within this State.

§ 2. In addition to the persons exempted hy the laws of the Exemptions United States, the following persons shall be exempt from from militia duty.

military duty :

1. The Lieutenant Governor.

2. The members of the Legislature during the terms for which they were elected, and the officers thereof during its meetings, and for fifteen days before and after each meeting.

3. The Secretary of State, Attorney General, Treasurer, Auditor of Public Accounts, Register of the Land Office, Judges of the Court of Appeals, and the deputies and clerks in their respective offices.

4. The judges of circuit, county, quarterly, chancery, and police courts, and clerks, sheriffs, and marshals of the respective courts.

5. Ministers and preachers of the gospel, teachers in all colleges, and teachers actually employed in academies and common schools. 6. Officers in the army and navy of the United States.

ARTICLE II. § 1. The militia shall be divided into two classes : Militia divided 1. The Volunteer Militia.

2. The Enrolled Militia.

ARTICLE III.

§ 1. The Governor shall issue orders for the election of

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Volunteer companies.

all general and field officers, giving reasonable notice 1862. of the time and place of holding elections and nominating the persons by whom they are to be holden, and prescrib- der election of ing the time within which the officers of elections shall all general and make return; and it shall be the duty of all citizens called upon to serve as judges or officers at such elections, when required to do so by the Governor; and if any person shall fail to hold an election, at the time and place required by the Governor, and make due return thereof, he shall be fined not less than three nor more than fifteen dollars.

ARTICLE IV. 1. Wherever sixty persons subject to military duty, shall associate together for the purpose of forming a company of infantry, artillery, or cavalry, they shall make application to the Governor to be organized as such; and such persons as a majority of the applicants shall have designated in their application shall be commissioned as the officers of such company. § 2. Every such company, after having been organized May make

requisition for as such, may make a requisition upon the quartermaster gen- public arms. eral for such arms and equipments as may be required by said company, who shall, upon the approval of the Governor, issue the same to said company, from such arms and equipments as may be in the State arsenal.

3. The commissioned and non-commissioned officers Comm'd & nonof a company, shall be of the same number and grade as —No. & grade. those prescribed by the laws of the United States.

$ 4. Every company regularly and lawfully organized, By-laws. shall have the power to pass such laws and regulations, by a majority vote, for their own government, as may best suit their own purposes, and have power to enforce the same by law: Provided, The said laws and regulations do not conflict with the constitution and laws of this State or of the United States. Ø 5. Every member of a company of the Volunteer Mil- Exemptions

from other seritia shall be exempt from all military duty, other than that vice. prescribed by the corps of which he is a member, and from serving on juries.

s 6. The uniform of the Volunteer Militia shall corres- Uniform. pond in color with that of the same arm of the service in the United States army. § 7. The drills and discipline of each company shall be Drills and dis

. in accordance with that prescribed by the laws of the United States, subject to such changes as may be made by Congress.

ARTICLE V.

§ 1. All battalions shall consist of five or more compa- Battalions, nies, to be commanded by a major elected by the officers and soldiers of each battalion.

Staff officers.

1862. $ 2. The major of each battalion shall appoint his staff

officers, to consist of an adjutant, a paymaster, a quartermaster, and a commissary, to be elected from lieutenants of the line; an assistant surgeon, with the rank of first lieutenant, who shall constitute the commissioned staff; a sergeant major, quartermaster sergeant, fife major, drum major, or trumpet major, (if of cavalry,) and hospital steward, who shall constitute the non-commissioned staff. But in all cases where battalions are consolidated with regiments, and acting as a part thereof, those offices shall become extinct for the time, with the exception of that of assistant surgeon and hospital steward; and the staff officers of the regiment shall perform the duties and be acknowledged as the only proper staff officers.

§ 3. Whenever five or more companies shall be formed Companies in a neighborhood, the Governor shall form them into a constitute bat- battalion, and have a major elected.

§ 4. The officers designated to act as judges of election, Election of for the election of major, shall, upon the reception of the held.

order from the Governor, notify, in writing or printing, the respective companies of the battalion of the time and place of holding said election ; they shall count the vote, which shall be by ballot, and certify to the Governor, on honor, who has received the majority of votes cast, and who is

thereby duly elected; whereupon, the Governor shall issue Commission. the necessary commission to the officer so elected.

$ 5. Every battalion shall have the right to make the By-laws. necessary laws, rules, and regulations for its government,

and to enforce the same by law: Provided, They do not conflict with the laws of this State or the United States.

officers to be

ARTICLE VI.

§ 1. Two or more battalions, as the Governor may Formation of order, shall constitute and form a regiment, and they shall regiments.

be organized and have elections, and proceed in the establishment of a regiment in the same manner that battalions are formed and organized.

§ 2. The officers of a regiment shall consist of a colonel Officers.

and lieutenant colonel, who shall be elected by the companies composing battalions in the same manner as majors are elected.

$ 3. The colonel of a regiment shall appoint the followStaff.

ing staff, to be elected, with the exception of surgeon, from officers of the line of the battalions, viz: an adjutant, quartermaster, commissary, paymaster, and surgeon, who shall be the commissioned staff; a sergeant major, quartermaster sergeant, fife and drum major, or, if of cavalry or artillery, trumpet major, who shall be the non-commissioned staff.

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