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1861.

CHAPTER 33.
AN ACT for the benefit of G. W. Goodrum, late sheriff of Marion county, and

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

§ 1. That it shall and may be lawful for the sheriff, or other officer, into whose hand the several executions upon the judgments in the Franklin circuit court in favor of the Commonwealth of Kentucky against G. W. Goodrum, late sheriff of Marion county and his sureties, have or may come, to sell the property of the said Goodrum which has or may be levied upon to satisfy said executions, upon a credit of twelve monshs, instead of for cash, as now required by law, the purchaser or purchasers to give bond for the payment of the purchase money, bearing interest at six per centum per annum from the day of sale until paid, and upon which execution may issue when due, as in other cases of sale under execution upon credit.

§ 2. That after the property of the said Goodrum shall have been exhausted by sale, under the executions aforesaid, the sureties of the said Goodrum may replevy the remainder of said judgments, before the sheriff or other officer having said executions for collection, in the following manner, to-wit: For one third, payable at the end of twelve months; for one third, payable at the end of eighteen months; and for the remaining third at the end of twenty-four months from the time this act takes effect, with good personal security, to be approved by the officer taking said replevy bonds; each bond to bear interest at the rate of six per centum per annum from the time this act takes effect until paid.

Ø 3. That the said Goodrum and his suretięs, upon the prompt payment of the replevin bonds, mentioned in the second section of this act, at their maturity, shall be discharged from the payment of the several judgments of the Franklin circuit court for damages for failing to pay into the public treasury the public revenue for the county of Marion. If said bonds and each of them are not promptly paid at maturity, the said judgments for damages shall remain in full force and be collected.

§ 4. That the said Goodrum, late sheriff of Marion county, have time up to and including the October term, 1861, of the said court, to return his delinquent lists in the collection of the State revenue in that county, for the years 1857, 1858, 1859, and 1860; and when the same shall have been allowed agreeably to law, the said sheriff and his sureties shall have credit for the amount so allowed upon the judgments mentioned in the first sections of this act. 85. This act shall take effect from and after its passage.

Approved September 20, 1861.

1861.

CHAPTER 34.

AN ACT for the benefit of R. P. Sanders, late sheriff of Taylor county, and

his sureties, and for the benefit of Isaac N. Hill, sheriff of Madison county.

Whereas, At the February term, 1859, of the Franklin circuit court, a judgment was rendered in favor of the Commonwealth of Kentucky against R. P. Sanders and his sureties, for $3,803 06, with interest thereon from January, 1858, and $8 5 costs, and seven hundred and sixty dollars and sixty-one cents in damages, ($760 61;) and it appearing to the present General Assembly that said R. P. Sanders has become insolvent, and his sureties being solvent, will be compelled to pay said judgment; and it further appearing that an execution on said judgment for the sums aforesaid is now in the hands of the sheriff of Green county for levy and collection; therefore,

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

g 1. That the said R. P. Sanders, late sheriff as aforesaid, and William R. Parrot, Rezin Davis, R. H. Davis, J. C. Chadowin, C. A. Griffin, M. O. Robinson, J. P. Davis, J. S. Durham, G. Winters, E. L. Green, R. W. Buckner, E. A. Parsons, James Durrett, J. E. Tandy, W. J. Smith, J. M, Young, J. D. Williams, J. H. Chandler, G. Gabeheart, and L. C. Patterson, his sureties, be, and they are hereby, released from the payment of so much of said judgment as is for damages, and the sheriff of Green county is hereby ordered and directed to credit the execution now in his hands against said Sanders and his sureties, by the sum of $760 61, the amount of damages aforesaid: Provided : That said credit shall not be entered until the principal, interest, and costs of said execution be paid off.

§ 2. That the further time of six months be, and is hereby, allowed said R. P. Sanders to return his delinquent list to the Taylor county court; and when returned, sworn to, and allowed by the Taylor county court, said Sanders shall be entitled to a credit therefor; but this is not to operate to delay the collection of the execution.

§ 3. That the further time of forty days from and after the passage of this act be allowed to Isaac N. Hill, sheriff of Madison county, to return to the Auditor his list of delinquents for the year 1860; and when so returned, under the seal of the Madison county court, he shall be credited therewith, on a judgment obtained against him and his securities at the February term, 1861, of the Franklin circuit court.

§ 4. That on the payment within that time of the amount of said judgment, with interest and cost, subject to the credit due him on his delinquent list, he shall be exonera

1861.

ted from the payment of the damages rendered the Com-
monwealth in said judgment.
§ 5. This act to be in force from its passage.

Approved September 20, 1861.

CHAPTER 35.

AN ACT for the benefit of Jonathan Lewis, late sheriff of Harlan county.

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

9 1. That Jonathan Lewis, late sheriff of Harlan county, and his deputies, be, and they are hereby, allowed the further time of two years to collect all taxes in their hands due and unpaid in said county for the year 1857 and 1858, and in collecting the same, they shall have the same powers and be subject to the same liabilities as sheriffs now are in like cases. § 2. This act shall take effect from and after its passage.

Approved September 20, 1861.

CHAPTER 36.

AN ACT for the protection of small birds in Campbell and adjoining counties.

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

$ 1. That it shall be unlawful to shoot, or in any man- Penalty fixed ner kill or injure, any of the birds commonly known as the for killing cerbluebird, swallow, martin, robin, wren, or any other bird whatsoever smaller than the quail, in Campbell, Kenton, Pendleton, or Mason counties; and at no season of the year shall any person be allowed to kill or injure any of the birds aforesaid in said counties; and any person violating the provisions of this act shall, upon conviction thereof before a justice of the peace, be liable to a fine of not less than one nor more than fifteen dollars, and costs of suit.

2. Provided, That nothing in this act shall prohibit the akilling of the birds known as the hawk, snipe, and plover.

Approved September 20, 1861.

CHAPTER 37.
AN ACT to incorporate the Kentucky Hotel and Cave Company.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

$ 1. That Larkin J. Proctor, W. W. Palmore, and H. A. Names.

1861. Hughes, of the county of Edmonson and State aforesaid,

and their associates and successors, be, and they are here

by, incorporated a body corporate and politic, under the Name & style. name and style of the “ Kentucky Hotel and Cave Com

pany;” and by that name and style are made capable in law to hold and possess by gift, grant, devise, or contract, any amount of property, real and personal, not exceeding

in value two hundred thousand dollars, and the same to Corporato pow. dispose of at pleasure; to sue and be sued, defend and be ors.

defended, in any of the courts in this State; to make and put into force such by-laws and ordinances as may be necessary for effecting and carrying out the objects of the company; may have and use a common seal, and may change, alter, and renew the same at pleasure ; and may do and perforin such acts as other corporations for limited purposes may do, not inconsistent with the constitution and laws of this State.

§ 2. That the provisions of the 2d, 3d, 4th, 5th, and 6th Provisions of sections of an act incorporating the Crystal Brook Cave other acts plicable. Company, approved March the 1st, 1861, shall extend to

and be considered as a part of this act, and the provisions of said sections shall be applicable for the government of the company hereby incorporated.

Approved September 20, 1861.

CHAPTER 38.
AN ACT to repeal an act, entitled "An act concerning the Wilderness turnpike

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

§ 1. That an act, entitled "An act concerning the Wilderness turnpike road," approved March 30, 1861, be, and the same is hereby, repealed. § 2. This act to be in force from its passage.

Approved September 20, 1861.

CHAPTER 39.

AN ACT to legalize the judgments rendered by Alexander Locke, a justice of

the peace for Harlan county, at the June term, 1861, of his court. WHEREAS, Alexander Locke, a justice of the peace in and for Harlan county, at the June term of his court for the year 1861, rendered judgments upon sundry causes then pending before him as justice of the peace aforesaid, not having actual knowledge of the law in force suspending the right to render judgments as formerly; therefore,

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1861.

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

$1. That the holding of the justices' court by the said Alexander Locke, in the manner aforesaid, and the judgments then and there by him rendered, are hereby legalized, any law now in force to the contrary notwithstanding; but executions on said judgments shall be issued only in the manner now permitted by law, and shall, in all respects, be governed by the laws now in force. § 2. This act shall take effect from its passage.

Approved September 20, 1861.

CHAPTER 40.

AN ACT for the benefit of the personal representative of John McDyer,

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

$ 1. That the further time of two years from the passage of this act be allowed the personal representative of John McDyer, deceased, late a sheriff of Lawrence county, to collect the taxes and fees due the estate of said decedent; that said taxes and fees may be listed with the sheriff or any constable of said county, who may, during the time aforesaid, distrain therefor, as now allowed by law in the collection of State revenue and officers' fees: Provided, That the personal representative shall be liable to the same penalties for issuing an illegal fee bill as provided by law in relation to sheriffs and other like officers Í 2. This act shall take effect from its passage.

Approved September 20, 1861.

CHAPTER 42.

AN ACT for the benefit of Jonathan Smith, late surveyor of Harlan county.

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

$1. That Jonathan Smith, late surveyor of Harlan county, be, and he is hereby, allowed the further time of four years to collect fee bills due him as surveyor of said county ; and for the issuance of illegal fee bills the said surveyor shall be liable in all the penalties now prescribed by law. 92. This act shall take effect from and after its passage.

Approved September 20, 1861.

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