1860.. Secretary of § 4. That it shall be the duty of the Secretary of State to report to the next General Assembly, within ten days after State to report it commences, a statement of the vote directed to be taken to next Legis- under the provisions of this act. lature. Copies of this act to be distri buted to the voting places, 30 days before the election. prohibited. § 5. That it shall be the duty of the Public Printer to print and deliver to the Secretary of State, fifteen copies of this act for each county in this Commonwealth; and it shall be the duty of said Secretary to forward the same to the clerk of each county court, at the same time the public laws are distributed; and said clerks are required by this act to deliver said copies to the sheriffs of their respective counties, and take a receipt therefor; and it shall be the duty of said sheriffs to put one copy of this act at the place of holding elections in each election precinct in their respective counties, at least thirty days before the election at which the vote mentioned in this act is to be taken. § 6. That any person other than a qualified voter of this Illegal voting State, who shall vote for or against the proposition in this act mentioned, shall be subject to all the fines and penalties now in force under the existing laws regulating elections. § 7. That such additional tax shall not be levied, unless a majority of all the qualified voters of the Commonwealth, as shown by the Auditor's report for the year 1857, shall have voted in favor thereof, at said election. Approved March 3, 1860. CHAPTER 1293. AN ACT to change the times of holding the Meade Quarterly Courts. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Meade quarterly courts shall, after the 1st day of June next, commence on the first Mondays in March, June, September, and December; but nothing in this act shall relate to the March term of said court in the present year. § 2. This act to be in force from the first day of June next. Approved March 3, 1860. CHAPTER 1297. AN ACT supplemental to an act creating the Fourteenth Judicial District. WHEREAS, Doubts have arisen as to the power of the Governor to appoint a circuit judge for the fourteenth judicial district, as authorized by an act approved at the present session of the General Assembly; therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky: That it shall be lawful for the circuit judges in the first and second judicial districts to appoint and hold special terms of their respective courts in any of the counties composing the said fourteenth district: Provided, That before such courts shall be held, the judge holding such special term shall give ten days' notice of the time and place such term is to be held. This act shall take effect from its passage. 1860. Approved March 3, 1860. CHAPTER 1298. AN ACT prescribing the duties of the Managers, Trustees, &c., of the State. Institutions. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That no officer, manager, or trustee of the lunatic asylums, or of the deaf and dumb or blind institutions, or any other State institution, shall have power or authority to create any indebtedness on behalf of the State for the benefit of said institution, either by improvement or building, or by the purchase of land or other thing beyond the amount of the appropriation made each year by the Legislature. §2. This act shall be in force from and after its passage. Approved March 3, 1860. CHAPTER 1301. AN ACT allowing the County Court of Greenup to levy and collect an ad valorem tax. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall be lawful for the county court of Greenup county, at its next May term, 1860, and in 1861 at its court of claims, a majority of the justices of the peace being present and concurring therein, annually, for the succeeding two years, to levy and collect an ad valorem tax on the real and personal property in said county subject to taxation for State revenue purposes, sufficient to pay off and discharge the public debt of said county. Sheriffs to §2. The sheriff or other collector of said county shall execute bond, with good security, in the county court of give bond. said county, for the faithful collection of said tax, and that he will faithfully account for and pay the same over in 1860. obedience to the orders of said court: Provided, That said tax shall not exceed fifteen cents on each one hundred dollars' worth of taxable property, in any one year. § 3. Any person injured by a breach of said bond may maintain an action therefor in the proper court having jurisdiction thereof. § 4. This act shall take effect from and after its passage. Approved March 3, 1860. No slave can until bond is given to remove be emancipated such slave be yond the limits of the State. CHAPTER 1304. AN ACT concerning free negroes, mulattoes, and emancipation. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That hereafter no slave shall be deemed to be emancipated by the laws of this State, until the person emancipating such slave, or some person for him, as principal, with good and sufficient resident security, before the county court of the county of his residence, shall give a covenant to the Commonwealth, covenanting that such person shall remove such slave (naming him or her, and giving the age, color, height, and weight) beyond the limits of this State within ninety days after the approval of such covenant by said county court; nor until such slave shall subscribe a Written statement, to be indorsed on such covenant, that he or she does then forever abandon his or her residence in, does forever and will, within the time named, remove from this State, her residence in which subscription shall be attested by the clerk of such court; upon the breach of such covenant, it shall be the Proceedings duty of the attorney for the Commonwealth of the dison breach of trict, and the attorney for such county, or either of them, to Nor until slave subscribe a written state ment that be abandon his or this State. covenant. Proviso. neys for prose institute suit upon the same for the recovery of such damages as may be found to be due: Provided, That the amount of dainages shall not be less than the value of such slave at the time of his or her emancipation, which damages Compensa- shall be paid into the county treasury, after deducting tion to Attor- there from twenty per cent. as a compensation for the attorcuting. ney or attorneys by whom the suit is prosecuted, and also ten dollars to be paid to the person or persons who may have given information of the breach of the covenant. §2. That hereafter, should any free negro or mulatto come into this State with the intention of remaining thereing into the in, he or she shall be deemed guilty of felony, and, upon conviction thereof, shall be confined in the penitentiary for a period of not less than six years. Compensation to informer. Free negro or mulatto com State guilty of felony. §3. That hereafter any free negro or mulatto, not a resident of Kentucky, who shall come to this State for any purpose or upon any pretense whatever, unless in obedi ence to the process of a court, shall likewise be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary for a period of not less than one, nor more than five years. § 4. That when any free negro or mulatto who may be convicted under either of the two preceding sections of this act, shall have served out one fourth of the time for which he or she was sentenced, any person, as principal, shall have the right to execute a bond to the Commonwealth, with at least one good resident security, to be approved by the Governor, conditioned that such convict will, within ten days, leave this State and never return; and thereupon it shall be the duty of the Governor to deposit such bond in the office of the Secretary of State, and cause the keeper of the penitentiary to be notified that the same has been executed; immediately upon the receipt of such notice, it shall be the duty of the keeper of the penitentiary to discharge such convict, as though the time for which he or she was sentenced had expired. Penalty for breach of bond. 5. That if any convict, who has been discharged as provided in the preceding section, shall leave the State and afterwards return, or shall fail to leave within the time prescribed, unless unavoidably prevented, he or she shall be punished by confinement in the penitentiary during life; and, in any such case, suit may be brought upon said bond in the circuit court of Franklin county, by the Attorney General, in the name of the Commonwealth, for the recovery of such damages as may be due, which damages shall in no event be less than the value of the free negro or mulatto at the time the bond was executed; the Attorney General shall receive twenty per cent. upon all amounts tion to Attorrecovered under the provisions of this section, and the ney General. remainder shall go to the common school fund. Compensa How free negro may forfeit this State. Proviso. § 6. That any free negro or mulatto residing in this State who shall leave the same for any purpose, or upon any pre- residence i tense whatever, unless in obedience to the process of some court, and go into any State where negro slavery is prohibited by the constitution or laws, such free negro or mulatto shall be deemed to have forfeited his or her residence in this State, and shall not again return without incurring the punishment prescribed in the preceding sections of this act: Provided, That free negroes or mulattoes who may be employed upon steamboats and other vessels, shall not forfeit their residence by being taken by such boat or vessel into the jurisdiction of another State: And provided further, That it may be lawful for a citizen to obtain the order of the presiding judge of any county court in this State to permit him, her, or they to take a free negro or mulatto out of this State for a temporary purpose, without thereby said free negro or mulatto forfeiting their rights thereby. Proviso. 1860. Free negro keeping disorderly house, or loitering about having no law ful calling for a support, to be sold. What shall be deemed a disorderly house. May choose a proceedings to be had to make master and him or her a slave for life. § 7. That any free negro or mulatto, who shall keep a disorderly house, or be found loitering about, engaged in no honest calling to obtain a support, shall be deemed guilty of a misdemeanor, and upon conviction, may be sold into servitude for a period of not less than two, nor more than ten years; such sale shall be made in the same manner, and the proceeds applied in the same way, as provided in the preceding sections of this act. § 8. That any free negro or mulatto who shall allow other free negroes and mulattoes, or slaves, to assemble at houses occupied by them, or upon premises under their control, for the purpose of gaming, drinking, or dancing, shall be deemed guilty of keeping a disorderly house, within the meaning of the last preceding section, and shall be punished as therein provided. § 9. That it shall be lawful for any free negro or mulatto of the age of twenty-one years, if a male, or of eighteen years, if a female, being a resident of this State, and not under charge of violating the laws of the same, to choose a master or mistress, whom he or she will serve during life; and whenever such free negro or mulatto shall have declared such choice, in the county court of the county of his or her residence, it shall be the duty of the presiding judge of said court, to appoint three commissioners, not related to the person selected by such free negro or mulatto, to appraise such free negro and mulatto, and report their appraisement to court, and thereupon, if the person selected will pay in cash one fourth of the amount of said appraisement, together with the costs of the proceeding, the court shall make an order declaring such free negro or mulatto to be the slave, for life, of the person so chosen as master or mistress, who shall thereafter be entitled to the service, and be responsible for the conduct of said slave in all respects, as though he or she had acquired the same by purchase or descent. It shall be the duty of the judge of the court before whom the application of a free negro or mulatto to go into voluntary servitude is made, to examine said free negro or mulatto, in open court, separate and apart from the person to whom the service as a slave is offered to be made as a master, and to explain fully to said free negro or mulatto the effects thereof, and to see that said free negro or mulatto has not been improperly or fraudulently overreached by the influences of said proposed master, or others acting for his benefit. § 10. That the money received under the provisions of Money to go the preceding section, shall be paid into the county treasury, and expended for county purposes. to county pur poses. purchasing in bad faith. § 11. That any person who shall be convicted of purPenalty for chasing a free negro or mulatto, for the benefit of such free negro or mulatto, and not with the bona fide intention of making him or her a slave, such person shall be fined in any sum not exceeding five hundred dollars. |