1861. owned or existing, or thereafter to accrue or be acquired, to secure them in the payment of all such sums of money as they, or any of them, had procured for and advanced to said company, or should thereafter procure for or advance to it, and to indemnify them against all liabilities which they, or any of them, should incur on its behalf; and whereas, the said deed may be ineffectual without legislative sanction, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That said deed of trust and mortgage shall be, and the same is hereby, made as valid and effectual in all its parts and provisions, and as to all the trusts, powers, and obligations attempted to be created by it, as if it had been in pursuance of an act of the Legislaure, previously passed, authorizing the same: Provided, however, That this ratification shall not take effect until the provisions of this act shall be accepted by a majority (in value) of all the stockholders of said company, at a called meeting thereof, or by a majority of those present at some regular annual meeting. § 2. That the board of managers of said company shall have the right to regulate the grade of its road. § 3. This act shall take effect from the day of its passage. Approved December 21, 1861. Stockholder. judgment, to be CHAPTER 312. AN ACT to amend an act concerning the Louisville and Covington railroad company. WHEREAS, A suit is pending in the Louisville chancery court, in the name of Welch, &c., against the Louisville and Covington railroad company, and under an act of the General Assembly, entitled "An act concerning the Louisville and Covington railroad company," approved February 16, 1858, such proceedings upon the cross petition of the company have been had that all the creditors of the company have appeared in court and proved their claims, and judgment has been rendered against each of the solvent stockholders who has property in this State sufficient, in the aggregate, to fully satisfy all of said creditors, and pay off all the debts and the costs of suit; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: That so soon as any stockholder shall pay to the master upon paying commissioner the full amount of the judgment rendered released from against him or her, the court, at the instance of such stockfurther liabili holder, shall enter up judgment forever releasing him from ty. 1861. Court to ap point commis'r the remaining sum owing by him on account of his subscription to the capital stock in said company, and the court shall appoint a commissioner to release the mortgage of stockholders who have so paid on the margin of the to release mortrecord book, anything in the 6th section of the said act, to which this is an amendment, to the contrary notwithstanding. gages, &o. Approved December 21, 1861. CHAPTER 315. AN ACT for the benefit of the Harlan county court. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That the county court of Harlan county, held on the 1st Monday in November, 1861, is hereby legalized, and the proceedings of said court is hereby made valid. § 2. This act to be in force from its passage. Approved December 21, 1861. CHAPTER 317. AN ACT to amend the charter of the city of Newport. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That in all cases where persons are convicted before the mayor or any justice of the peace, in the city of Newport, of an offense where a fine is imposed, and not paid, the offender shall be confined in the city jail or work-house, and made to perform such labor as the city council may, by ordinance, direct, until the fine and costs shall be discharged, at the rate of fifty cents per day. May confine persons in jail until fine is or work-house worked out. Jurisdiction of ed. mayor extend Marshal to have power to serve process. § 2. That the mayor of the city of Newport shall have the same jurisdiction outside of said city, and within one mile of the corporate limits of the same, that he now has in the city of Newport; and within the limits named in this section, the marshal shall have power to execute all process issuing from the mayor's court. §3. That so much of an act, entitled "An act to amend Abolishes qur. the charter of the city of Newport," as requires the mayor of said city to hold quarterly terms of the mayor's court, be, and the same is hereby, repealed. Approved December 21, 1861. terms of mayr's court. 1861. CHAPTER 318. AN ACT for the benefit of James W. Cade, of Livingston county. WHEREAS, Wm. Pippen, of Livingston county, departed this life November 19th, 1861, leaving a will, from which the following is an extract, viz: "I hereby appoint my friend, James W. Cade, sole executor of this my last will and testament, and hereby request the county court to permit him to qualify without giving any security;" and whereas, the said James W. Cade is at this time the regu- : larly acting clerk of the Livingston county court, and by the provisions of an act approved February 17th, 1858, clerks of county courts are disqualified from accepting and qualifying as executors in the county where they hold office; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be lawful for the county court of Livingston county to permit James W. Cade to qualify in said court as the executor of the last will and testament of Wm. Pippen, deceased, without being required to give any security as such executor, any law to the contrary notwithstanding. § 2. This act to take effect from its passage. Approved December 21, 1861. CHAPTER 319. AN act for the benefit of Samuel Province. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That Samuel Province, late a constable of Henry county, be, and he is hereby, allowed the further time of two years from and after the passage of this act, to wind up his unfinished business. §2. That the said Province shall give bond, with approved security, in the Henry county court, for all of the money that he shall hereafter collect, conditioned as a constable's bond. Approved December 21, 1861. CHAPTER 320. AN ACT for the benefit of school district No. 33, in Nelson county. § 1. That the further time of sixty days, from and after the passage of this act, be granted to the trustees of school district No. 33, in Nelson county, to make their school report for the year 1861; and said report, when made, shall authorize them to receive the amount due, as though made in the time now required by law. § 2. This act to be in force from its passage. Approved December 21, 1861. 1861. CHAPTER 321. AN ACT to increase the powers and extend the jurisdiction of the town marshal of Smithland. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the same powers, duties, and responsibilities are hereby conferred upon the marshal of the town of Smithland, Kentucky, as are now by law conferred upon constables in the transaction of civil, criminal, and penal business in Livingston county; and his jurisdiction in said county shall be the same as a constable, provided he execute bond, with security, in the Livingston county court, conditioned as a constable's bond; and upon which actions may be had in the same manner that is now allowed on a constable's bond. § 2. This act to take effect from and after its passage. Approved December 21, 1861. CHAPTER 322. AN ACT to amend the charter of Millersburg, in Bourbon county. WHEREAS, John Miller, the owner of a tract of land on the waters of Hinkson, in Bourbon county, applied to the county court of Bourbon county, at its October term, 1798, and moved, under an act of the Legislature of Kentucky concerning the establishment of towns, passed in 1796, for an order establishing a town upon 100 acres of his land in said county, and appointing trustees to receive and hold the title thereto, the boundaries of which land he caused to be entered on the record of said court; and, thereupon, the said court, by their order then made, established a town upon said land by the name of Millersburg, and appointed seven trustees thereof, and vested them with the title to and control of said land; since which time the said trustees, and their successors, have held the possession, and exercised a general superintendence and control of the said property; and whereas, the citizens of said town desire sundry amendments to their original charter; therefore, 1861. Be it enacted by the General Assembly of the Commonwealth of Kentucky: §1. That hereafter a board of five trustees, composed Trustees to be of freehold male citizens and residents of said town, shall elected, & time for election. be elected on the first Monday of August, in each year, to serve for the term of one year, or until their successors shall be elected and duly qualified; each white male citiQualifications zen and tax-payer in said town, over the age of twentyone years, and who has paid his town tax for the previous year, shall be a qualified voter. of voters. tion to be appointed. § 2. The trustees then in office shall appoint two compeOfficers of elec- tent citizens as judges, who, with the clerk of the board of trustees, shall hold and preside over the election, first giving at least ten days' notice, by public advertisements, of the time and place; the judges shall allow no one to vote who has not the prescribed qualifications; in case the acting board shall fail or refuse to appoint the aforesaid judges, the county court of Bourbon county shall, on application of two or more citizens of said town, appoint persons to hold said election at the specified time, or as soon thereafter as the necessary notice can be given. elections. § 3. The judges and clerk shall, on the day appointed, Officers to hold open the polls, and keep them open a sufficient time for the citizens to vote; and [when] the polls are closed, they shall return the poll-book to the board of trustees then acting, certifying to the names of the persons elected, which shall be entered upon the record book to be kept by the trustees. When officers elected to take § 4. The persons so elected shall, within the space of five days after the election, take an oath, before a justice oath and enter of the peace of said county, to faithfully discharge their duties, and enter upon the same; it shall be the duty of the old board to surrender up to the new all their records, papers, and official documents. upon duties of offices. May take bond for faithful discharge of duties. § 5. The trustees shall appoint one of their number Trustees may chairman to preside over their meetings; they shall also appoint officers appoint a clerk, treasurer, assessor, and a town marshal, who shall also act as collector; they shall take from the treasurer a conditional bond for the faithful discharge of his duties while in office; the said clerk, treasurer, assessor, and marshal shall remain in office for one year, or until their successors are appointed, unless for good cause they are removed by the board. The treasurer shall keep Duties of an accurate account of all moneys coming into his hands, and pay none out, except upon the written order of the board, made out by them and certified by the clerk, which shall be his voucher for the same. treasurer. § 6. The assessor shall proceed forthwith to take an Duties of as- alphabetical list of all the free adult male inhabitants of said town; also a list of the real estate and slaves owned |