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1862.

CHAPTER 526.

AN ACT to legalize certain marriages in this Commonwealth. WHEREAS, It is represented to this General Assembly, that doubts are entertained as to the legality of certain marriages in this Commonwealth, under license obtained recently from persons claiming to be county clerks, but were not so in fact, and had no legal right to issue such license; and whereas, it is represented that the persons thus married, entered into that relation in good faith, and with the intention of living in all the ties and obligations to each other of husband and wife; therefore, for remedy, Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That all marriages in this Commonwealth, under Gortain marri- such spurious license, from the first day of December, 1861, ages legalized. to the passage of this act, be, and the same are hereby, made legal and valid: Provided, This act shall not be Minister's duty construed so as to exempt ministers or other persons who tificate of mar- have solemnized the right of marriage in such cases from returning the certificate of marriage as now required by law.

to return cer

ingo.

§ 2. This act shall take effect from its passage.

Approved March 14, 1862.

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B. B. S., page Inspection law to include by petroleum, &c.

dro carbon oils,

How tested.

CHAPTER 529.

AN ACT to amend article 2, chapter 52, of the Revised Statutes, title "In

spection."

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

§ 1. That section 1, of article 2, of chapter 52, of the Revised Statutes, title "Inspection," be so amended as to include, in addition to the articles named in said section, hydro-carbon oils, or oils made from coal, pretroleum or well oil, for illuminating purposes.

§ 2. That all such oils, or other product of coal, pretroleum or well oil, made or intended for illuminating purposes, manufactured in this State, or brought into this State for sale, shall, before the same is sold, be duly inspected.

§ 3. The quality of said oils shall be tested by the application of heat; and that all of said oils that will, at a less temperature than 150 degrees, Fahrenheit's thermometer, give out or produce an explosive vapor, shall be deemed unsafe, and the cask or other package containing the same To be marked shall be so marked by the inspector; otherwise it shall be 'safe' and 'un- marked "safe."

mafe.'

§ 4. Whoever shall sell, or offer to sell, any cask or other package of oil, the product of coal, pretrole or well oil, for illuminating purposes, without first having the same duly inspected, or shall, after the said oils have been found to be unsafe by the inspector, sell or offer to sell the same for illuminating purposes, shall be fined twenty dollars for each cask or package so sold or offered to be sold.

1862.

Penalty for

selling or offering to sell with

out inspection.

§ 5. For inspecting a single cask or package the inspector Inspector's fees shall be allowed fifteen cents; for more than one and less than five, ten cents, and for five or more, five cents each.

§ 6. This act shall take effect from and after its pas

sage.

Approved March 14, 1862.

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CHAPTER 542.

AN ACT in relation to turnpike rcals in which the State has an interest.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:

How payment of t lls on turn

piko roads to

§ 1. That the managers or directors of all the turnpike roads in which the State is a part owner, hereafter require the payment of the tolls, as fixed by law, from all persons be enforced. who travel thereon at the time of passing, unless it shall be previously agreed by the directors of such road that accounts may be kept, to be paid at the end of three months; and in no case shall there be any abatement from the regular charges; and where any such agreement be made, and the party making the same shall fail or refuse to pay the gate-keeper, it shall be his duty to stop any such person, and prevent him or his property from passing till payment is made: Provided, No abatement shall hereafter be made from the tolls fixed by law.

to be removed

§ 2. That it shall be the duty of the managers of such Encroachments turnpike roads, where the same has heretofore been, or and road to be hereafter shall be, encroached upon by fencing, or other- kept open. wise obstructed, to cause the same to be forthwith removed; and it is hereby made their duty to keep the same open the entire width, as required by their respective charters, except where the same passes over an embankment or through a cut; in such cases encroachments may be permitted and remain at the discretion of the board: Provided always, The consent of such board shall be obtained, and an agreement executed by the party covenanting to remove the same whenever required to do so, which covenant shall be entered of record on the order book of such company, and a copy of which, should the original be lost, be received as testimony on any trial.

3. Where any turnpike, as aforesaid, shall be obstructed

1862.

What proceed

to remove ob

structions, &c.

by fences, or otherwise, by any person or persons, and who shall not remove the same when notified to do so by ings to be had order of the board, it shall be the duty of such directors to cause the same to be removed without delay as now directed by law, or may proceed by suit in the circuit court, in the name of the company, to recover the ground with cost, or they may proceed by indictment in the name of the Commonwealth for such obstruction, and shall be governed by the laws now in force for the obstruction of the public highway.

Approved March 14, 1862.

Five cents per able property ditional for

$100 worth tax

to be levied ad

revenue.

CHAPTER 543.

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 hereafter, commencing with the assessment of the year 1862, an additional annual tax of five cents upon each one hundred dollars of value of the real and personal estate, subject to taxation for revenue purposes in this Commonwealth, shall be paid by the persons assessed, to be applied to the ordinary expenses of the Government. § 2. This act shall take effect from and after its passage. Approved March 14, 1862.

Convicts not to

CHAPTER 544.

AN ACT to confine convicts in the penitentiary within its walls.

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

§ 1. That the convicts in the penitentiary shall be confined strictly within its walls, and shall not be taken out side the prison to work, or for other purposes not directly connected with except in cer- the interest and operations of the prison.

be worked out

tain cases.

keeper.

§ 2. For every violation of this act, the keeper shall be Penalty on fined one hundred dollars, recoverable by suit in any court having jurisdiction thereof, one third of the amount to be paid to the informant, the balance into the State treasury. §3. This act to take effect from its passage. Approved March 14, 1862.

CHAPTER 545.

AN ACT to amend the Code of Practice, sixth sub-division of chapter 221. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That sub-division 6th of the 221st section of the Code of Practice be, and is hereby, amended, by inserting after the word "remove" the words "or has removed," so that said sub-division shall read as follows: "Is about to remove or has removed his property, or a material part thereof, out of this State, not leaving enough therein to satisfy the plaintiff's claim, or the claims of said defendant's creditors."

§2. This act shall take effect from and after its passage. Approved March 14, 1862.

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CHAPTER 555.

AN ACT to change the county lines between Greenup and Carter counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the county line, as now existing, between the counties of Greenup and Carter counties, shall be so changed as to run from where said county line now strikes the Buffalo fork of Tygart's creek; from thence it shall run up the dividing ridge between the two branches of Tygart's creek, (Grassy and Three Prongs,) to where said ridge intercepts the Lewis county line; thence with said Lewis county line to where the original line intercepted said county line.

County line changed.

How to run.

§ 2. Nothing in this act shall be so construed as to com- Exception as to pel any of the persons residing in the proposed added terri- railroad tax. tory to pay railroad tax in the county to which they may

be annexed.

§ 3. This act to take effect from and after its passage.

Approved March 14, 1862.

CHAPTER 562.

AN ACT to amend an act, entitled "An act to amend the charters of the
Banks of Kentucky," approved March 8, 1843.

WHEREAS, The banks of issue in Kentucky have, through their representatives assembled at the Capitol, at the solicitation of the joint Committee on Banks, consented to loan the citizens of the State the sum of one million of dollars, in sums of not exceeding one thousand of dollars, the loans and calls to be governed by the provisions of the 15th and

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1862.

to loan on new

tions, in sums

teach congres

21st sections of an act, entitled "An act to amend the charters of the banks of Kentucky," approved March 8, 1843; now, therefore,

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

§1. That it shall be the duty of the banks of issue of Banks of issue the State of Kentucky, within three months from the pasaccommoda- sage of this act, to loan to the citizens of this Commonnot exceeding wealth, upon new accommodations, in sums of not more 21000, $10,000 than one thousand dollars to each individual applicant or sional district. firm, to be repaid in calls of not more than ten per cent. upon the original amount loaned for the two first one hundred and twenty days the said loan shall run, and not more than twenty per cent. for each one hundred and twenty days it may afterwards run, an amount of not less than one hundred thousand dollars to each congressional district, as said districts are now fixed by law: Provided, If there should not be suitable and satisfactory applications for the amount to which any district may be entitled, on or before the first day of June next, then said banks may lend in larger sums than one thousand dollars: Provided further, Further pro- That if said banks shall not have loaned the amount stipulated within the time stated, for want of proper and satisfactory applications therefor, then the said banks shall continue the offering of such loans upon the terms stated, for and during the year 1862, unless the full amount shall have been sooner taken.

Proviso.

viso.

to be divided

Counties of each district.

§ 2. It shall be the duty of said banks, in making the How loans loans herein provided for, to divide the sum going to each among the congressional district among the several counties composing such district in proportion to the number of voters in each county respectively as nearly as may be: Provided, That if there be not good and satisfactory applications from any county for the full amount to which said county may be entitled within ninety days from the passage of this act, then the said banks may lend the remainder of the share of such county to the citizens of other counties of the same district.

Banks to be refeiture for failing to pay spe

leased from for

sie on demand.

§ 3. That the banks of issue which shall accept the 1st and 2d sections of this act, shall be, and they are hereby, released from the penalties and forfeitures denounced by law, and by their charters respectively, for failing to pay their liabilities in gold and silver on demand; and it shall be lawful for said banks to pay out at their counters, receive, May deal in deal in, and lend at par value, the notes of the United States Government, which the act of Congress has made a legal tender, so long, and no longer, as said notes shall be and remain a legal tender under the laws of the United States: Provided further, That such banks, as accept the provisions of this act, shall, within thirty days after the passage there

U. S. treasury notes.

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