CHAPTER 675. AN ACT supplemental to an act for the appropriation of money. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the following sums of money be and they are hereby appropriated to the persons hereinafter named, to be paid out of the Treasury, upon the warrant of the Auditor of Public Accounts, to-wit: § 2. To J. L. Smedley, sergeant-at-arms of House of Representatives, thirty-five dollars and sixty cents, to pay for sundries as per bills rendered. § 3. To John W. Pruett, sergeant-at-arms of the Senate, twenty-seven dollars and twenty-five cents, to pay for sundries as per bills rendered. §4. To the sergeant-at-arms of the two houses five dollars each, to be paid by them to the ministers for their services for opening the two houses with prayer at Louisville. § 5. This act shall take effect from its passage. Approved September 5, 1862. 1862. CHAPTER 676. AN ACT authorizing the organization of Home Guard military com panies. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That so long as the present rebellion and civil war in the United States shall continue, a majority of the free white male citizens of any city, town, ward of any city. or election precinct, within the ages of sixty-five and sixteen years, or of any other intermediate ages, to be determined by a majority of the persons of and within those ages, may, at any time, organize themselves into one or more companies of home guards, for the protection of themselves, their families, and their property, against all forcible and unlawful attacks of bodies of armed men. Companies organized may establish rules, § 2. That each company organized under this act may, from time to time, establish such rules, regulations, and by-laws for their government, meetings, and drill as shall regulations, &c. not conflict with the constitutions and laws of the United States and the State of Kentucky, and with the articles of war, and rules and regulations for the government of the armies of the United States; which rules, regulations, and by-laws, when adopted by a majority of any such company, shall be binding and obligatory upon all the members thereof: Provided, That nothing in this act shall in any way relate to any person in the military service of the United States or the State of Kentucky, or interfere with 1862. volunteering or drafting for either service: Provided, further, That no organization under this act shall take place, take and no commission shall issue to any officer, until such of Officers and men to oath. commission off cera ficer and all the men of the company have first taken the oath prescribed by the act, entitled, "An act to re-enact the State Guard law, with sundry amendments, and to organize the militia of the State," passed at the present ses sion. §3. It shall be lawful for the Governor to commission Governor to the officers of the companies organized under this act, upon such evidence of their election, and that they and their men have taken the oath herein required, as he shall deem sufficient. § 4. This act to take effect from and after its passage. Approved September 5, 1862. CHAPTER 677. AN ACT to authorize the suspension of circuit courts in certain cases. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That during the continuance of the present war, the several judges of the circuit courts of this commonwealth shall have power to suspend the holding of the circuit court of any county, where, by reason of invasion, threatened invasion, or the presence or proximity of guerrillas to the county seat, it is unsafe to hold said court. § 2. In all instances where the holding of any circuit court is suspended under this act, or for any other reason, all casues and prosecutions pending therein, shall stand continued until the next regular term of such court, and all bail bonds, recognizances, and witnesses be respited to that time: Provided, This act shall not prevent the judge of such court from holding a special term as now provided for by law. §3. This act shall take effect from and after its passage. Approved September, 5, 1862. CHAPTER 678. AN ACT for the benefit of Minor E. Pate aud others. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That the officer collecting the bail bond of Henry Swartz, shall, as soon as the same is collected, pay over to Minor E. Pate, William S. Stone, James A. Dean, and Jesse Moorman, the sum of five hundred dollars of the amount expended by them in pursuing and bringing said Swartz before the courts of this Commonwealth, to answer charges of larceny, and receiving property under false pre tences. Became a law, August 21, 1862 1862. CHAPTER 679. AN ACT to amend an act, to amend and reduce into one the several acts concerning the town of Owensboro, approved February 28, 1850. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the trustees provided for in the second section of the act to which this is an amendment, shall hereafter be elected by the free white male citizens of the State of Kentucky, over the age of twenty-one years, who shall have been, in good faith, residing in said town three months next preceding the day of the election; and no person shall hold or exercise the office of trustee in said town, unless he have legal title to some real estate within the limits of said town. § 2. That said trustees shall have power to levy and collect an ad valorem tax, not exceeding twenty-five cents on the one hundred dollars, on the real and personal property in said town, for any one year. § 3. That any person who may hereafter be elected or appointed trustee in and for said town, shall, before he enters upon the discharge of the office, in addition to that now prescribed by law, make oath that he will support the constitution of the United States and the constitution of Kentucky; that he has not, directly or indirectly, given aid or comfort to any person, or persons, who are, or have been, engaged in making war upon the United States or the State of Kentucky; that he has not aided, advised, nor induced any person to join the Confederate forces, or any company or part of company, for the purpose of taking up arms against the United States or the State of Kentucky; that he does not hold, nor has not held, any office, either civil or military, under the so-called Confederate States, nor under the so-called Provisional Government of Kentucky; and that he will not give any aid or confort, directly or indirectly, to any person, or persons, who are engaged, or may engage in the rebellion against the United States or the State of Kentucky, during his continuance in office. 1862. § 4. All acts or parts of acts, in relation to the town of Owensboro, inconsistent with the provisions of this act, are repealed; and this act shall be in force from its passage. Became a law, August 19, 1862. CHAPTER 680. AN ACT to incorporate the Dix River and Lancaster turnpike road company. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That a company shall be formed, under the name Name and style. and style of the " Dix River and Lancaster Turnpike Road Company," for the purpose of making and forming an artificial road. Capital stock. Books to be scription of opened for sub stock. subscribers. § 2. That the capital stock of said company shall be ten thousand dollars, to be divided into shares of fifty dollars each; and if said sum be not sufficient to accomplish the objects of this act, then the president and directors of the company may enlarge the sum to such an amount as they may deem necessary, and obtain subscriptions therefor in such manner as they may deem proper, not however, to exceed thirty-five thousand dollars. §3. That books be opened for the reception of subscriptions on the first Saturday in April next, or as soon thereafter as practicable, at the county court clerk's office in Danville, Kentucky, under the direction of Samuel W. Miller, Alexander Hutching, Reuben Gentry, M. J. Durham, Samuel Baughman, and of Samuel Lusk, Nelson Alspaugh, Erasmus Dunn, Henry Barlow, James Hening, at the county court clerk's office in Lancaster, Kentucky, or of some two of them at either place, who are directed to procure and open Obligation of books for the subscription of stock in said road. The subscribers shall enter into obligation substantially in the following form: "We bind ourselves, severally, to pay to the Dix River and Lancaster Turnpike Road Company the sum of fifty dollars for each share of stock set opposite our names, in such manner and proportions, and at such time, as shall be required by said Company." Notice to be given given of time & by the Commissioners of the time and place of opening the books for the subscription of stock in the companythe books to be kept open until the capital stock be taken. § 4. As soon as the three thousand dollars of stock shall When company be taken, the commissioners shall proceed to act in the premises; and in the government of their actions, and in regulation of their duties and powers, and the action, power and duties of the president and directors, all of the provisions contained and mentioned in the 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and 15th sections of Notice to be place of open'g books. may organize. 1862. the act to incorporate the Danville, Dix River and Lancaster Turnpike Road Company, approved February 24th, 1854, be and the same shall be applied, so far as they are practicable, and be incorporated as part of this charter, except in this, that the place of commencement of said road, shall be the point where the old road leaves the present turnpike, and the termination of said road shall be at a point west of the gate nearest Lancaster on the said turnpike. And if a bridge should be erected over Dix River, Rate of to.. one-half of the tolls chargeable at a gate may be charged for crossing said bridge. § 5. If any subscriptions were made to the original charter of the Danville and Dix River and Lancaster Turnpike Road Company, upon condition that the said turnpike road should be constructed along the old road from Danville to Lancaster; or if any work be done along the old road under said conditional subscription, the same may be, by appropriate action of the president and directors of the company, with the consent of said subscribers, be incorporated as part of the capital stock of said company, for which certificates of stock may be issued. Original subscription may be applied. Original rights not to be inter § 6. This charter is not to interfere with the chartered rights and privileges of the Danville, Dix River and Lan- ferred with. caster Turnpike Company, conferred by the original or amended acts of the General Assembly of Kentucky. § This act shall take effect from and after its passage. Became a law the 17th day of August, 1862. 41 |