1839 Who may join. provided, however, that the company already organized, called the "Louisville Guards," shall be a part of said Legion, and shall rank as number one therein. SEC. 5. That, in order to facilitate and encourage the raising and organizing said companies, it shall be lawful for any person, residing in the city of Louisville, or county of Jefferson, to join any of said companies, and the person so joining, shall be thereby exempted from doing militia duty in any other company; and the said companies shall be, and they are hereby, authorized to enroll as many as may think proper to How honorary join them as honorary members, and the honorary members members may of said companies may be excused from arming and equipping themselves; but shall, in lieu thereof, be required to pay the Treasurer of the Company, any sum, not more than ten, nor less than five, dollars per annum. be enrolled. SEC. 6. That the said companies, respectively, shall have Companies full power and authority to enact all such by-laws, rules, and may make by regulations, as they may deem important for their well being laws, &c. and good government, (not incompatible with the general laws of this Commonwealth,) and to levy such fines and contributions upon their members, (other than those who pay an annual sum in lieu of doing duty) as in their discretion may seem proper. SEC. 7. That the said companies shall be authorized to elect May elect Collector and a Collector and Treasurer for each company, and to require Treasurer, &c. said Collector and Treasurer to enter into bond and security, payable to the Captain of said company, and his successors, in such penalty as the company may, by its by-laws, direct, conditioned for the faithful performance of the duties required of such Collector, or Treasurer; and the Captain of said com pany may, at any time, in his style of Captain, commence and prosecute suit on said bond. lectors. SEC. 8. That the Collectors of the several Companies shall Powers and have power to collect all fines, contributions and debts due to duties of Col- said companies, as fully as Sheriffs have to collect muster fines by the laws of this Commonwealth; and it shall be the duty of said Collectors to settle with, and pay over to the Treasurer all moneys so by him collected, in such manner, and upon such terms, as said companies shall, by their rules and by-laws, direct and prescribe. surers. SEC. 9. That the Treasurers of said companies shall keep, respectively, a record of all their receipts and disbursements, Duty of Trea- which shall be, at all times, subject to the inspection of the commissioned officers of said companies, and shall, in all resCollectors & pects, be regulated by the by-laws of said companies; and Treasur'rs may said Collectors and Treasurers may, at all times, be removed from office by said companies. be removed. in the hands of SEC. 10. That all moneys in the hands of the Treasurer shall How money, be subject to the order of the commissioned officers, and drawn Tr. drawn and and applied in such manner as may be prescribed by the rules and by-laws enacted by said companies, respectively. applied. 1839 May hold re SEC. 11. That the said companies shall have power to purchase and hold all such real estate as may be necessary for the erection of arsenals, or other buildings, requisite for the al estate. preservation of their arms, munitions and equipments; and the conveyances of said real estate may be taken and held in any manner calculated to secure the possession, enjoyment, and titles thereof, to the use of said companies, and their succes sors. Number of to be given. SEC. 12. That there shall be at least nine musters of each company, and at least four musters of the Legion, in every musters, and year; and it shall be the duty of the Captains of the several how notices are companies to give notice, in writing, of the days of the several company parades; and it shall be the duty of the Commandant of the Legion to have like notices given of the days of the Legionary parades-all of which notices shall be delivered on or before the first day of February, in each successive year. Returns to jutant General. SEC. 13. That, until the said Legion shall be raised and organized, it shall be the duty of the Captains of the several be made to Adcompanies to make annual returns to the Adjutant General; and when the said Legion shall have been raised and organized, it shall then become the duty of the Captains to make their company returns to the Commandant thereof, whose duty it shall be to make a like return of the said Legion to the Adjutant General. : SEC. 14. That the several companies hereby authorized to Compani's inbe raised, shall be independent companies, and not subject to dependent, Lethe command of any militia field officer, within the bounds of gion an indewhose command they may be raised; and that when the said pendent corps. Legion shall have been raised and organized, it shall, in like manner, constitute an independent corps. SEC. 15. That the Mayor of the city of Louisville shall be, and he is hereby, authorized and empowered, whenever he may deem it necessary, in order to suppress or prevent insurrections, rebellions, or resistances, by a mob, of the civil authorities, to order out said Legion, or any of the companies thereof, and it shall be the duty of said Legion, and the companies thereof, to obey the orders of the Mayor when so issued. Approved January 21, 1839. ed out by MayMay be order or to suppress mobs, &c." CHAP. 1064.-AN ACT for the benefit of the Sheriffs of Franklin and Woodford counties. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Sheriff of Franklin county, be allowed until the annual Court of Appeals, to be held for the twenty second regiment of Kentucky militia, in the year Sh'ff Franklin. 1839 authorized eighteen hundred and thirty nine, to make out and return his delinquent list of muster fines, placed in his hands, assessed in the year eighteen hundred and thirty seven, and collectable in the year eighteen hundred and thirty eight. SEC. 2. That the proper officers of said regiment be, and The officers they are hereby, authorized and empowered to receive such make settle- delinquent list, and act upon the same, as though it had been meuts, &c. presented on the day prescribed by law; and the proper officers of said regiment are, also, authorized and required to make all such settlements with the Paymaster of said regiment, in relation to said fines, as required by law, after the return of such delinquent list by the Sheriff, as before directed, which shall be as valid in law as if made at the proper time. Sheriff Woodford. SEC. 3. That the benefit of the provisions of this act be extended to the Sheriff of Woodford county. Approved January 21, 1839. credit for am't CHAP. 1065.-AN ACT for the benefit of the Trustees of the Jury Fund in this WHEREAS, many of the Trustees of the Jury Fund, in the several counties of this Commonwealth, in the year eighteen hundred and thirty eight, under a misapprehension of the law regulating their duties, have proceeded to make payments to jurors, not in term time, but after the adjournment of court; and doubts exist as to their right to credit therefor in their annual settlements with the Auditor of Public Accounts-wherefore, SEC. 1. Be it enacted by the General Assembly of the ComAuditor to monwealth of Kentucky, That the Auditor of Public Accounts allow Trustees be authorized to allow the Trustees of the Jury Fund, in the paid jurors. several counties of this Commonwealth, credit for all sums paid to jurors, for their compensation, under the order of the Judges of the respective Circuit Courts, in the year eighteen hundred and thirty eight, whether said payments were made in term time, or in vacation. Further time Trustee for SEC. 2. That further time is hereby given to jurors and veniremen, until the first day of November, eighteen hundred given to jurors and thirty nine, to present to the Trustee of the Jury Fund, to present cl'ms claims for services rendered, prior to the fifteenth day of Janufor services, to ary, eighteen hundred and thirty nine, which shall be paid by said Trustee agreeably to the provisions of the sixth section of the act entitled, "an act providing that the fines and forfeitures of this Commonwealth shall be a fund for the payment of jurors:" provided, that before said Trustee shall be authorized to make said payment, the juror, or venireman, presenting payment. said claim shall obtain from the Clerk, a certificate of the service; and the Clerk shall give such certificate in those cases only, where he is satisfied that such service was rendered. Approved January 21, 1839. 1839 CHAP. 1066.-AN ACT to preserve the original manuscript of the annual Messages of the Governors of this State. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Public Printer, annually, after the publication of the Governor's message, to return the original manuscript thereof to the office of the Secretary of State, there to be filed and kept, as other papers of the State are. Approved January 21, 1839. CHAP. 1067.-AN ACT for the benent of Thomas J. Paris. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Thomas J. Paris and his wife, Paulina Paris, be, and the same is hereby, forever dissolved, so far as relates to the said Thomas J. Paris, and he is hereby restored to all the rights and privileges of an unmarried man. Approved January 21, 1839. CHAP, 1068.-AN ACT for the benefit of Ferdinand Hunn. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage between Ferdinand Hunn and Catharine Stenernegle, of the city of Louisville be, and the same is hereby, declared valid in law, and the issue of said marriage declared legitimate; and the said Ferdinand is released from the pains and penalties of having married a second time. Approved January 28, 1839. 1839 CHAP. 1069.-AN ACT for the benefit of Sarah Ann Brown. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Sarah Ann Brown and George Brown be, and the same is hereby, dissolved, so far as relates to the said Sarah Ann, and that she be restored to her maiden name, Sarah Ann McKinley. Approved January 28, 1839. CHAP. 1070.-AN ACT to allow an additional Justice of the Peace to Barren Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be allowed to the county of Barren, one additional Justice of the Peace, who may reside in the neighborhood of James Frazier, Esq., at the time of his appointment. Approved January 28, 1839. CHAP. 1071-AN ACT to amend the charter of the Lexington and Georgetown WHEREAS, it is represented to the General Assembly that there is a distance of about eight miles between the two toll gates, now erected upon the Lexington and Georgetown turnpike road, and that within said eight miles there are sundry shunpikes, which enable persons to use five or six miles of said turnpike road, with wagons and otherwise, greatly to the injury of said road without paying any toll-for remedy whereof, SEC. 1. Be it enacted by the General Assembly of the ComMay erect an monwealth of Kentucky, That the said company, by their Preadditional toll sident and Directors, shall be, and they are hereby, authorized and empowered to erect a third toll gate at such point be tween said two gates as they may deem best. gate. at the said gate and SEC. 2. That if any traveller or passenger shall produce a Travellers ticket from the keeper of either of the gates now erected, as not to pay toll evidence that such traveller or passenger have paid toll at said at other gate, he shall be at liberty to pass said middle gate, free of toll; but if such evidence is not produced, he or she, and each of them, shall be required and compelled to pay full toll at said middle gate; and it shall be the duty of the toll gate keeper to furnish said tickets to travellers. gates. |