a jury, who may find said free negro or mulatto guilty, and assess a fine against him, her, or them, in any sum not exceeding ten dollars each; and thereupon, said court shall render judgment for the amount of said fine and the cost of the prosecution, and the clerk shall, within ten days after the adjournment of said court, issue a capias profine for the amount of said fine and cost, against such free negro or mulatto, by the authority of which the sheriff of the county, to whom the same shall be directed, shall, unless the same be paid, take such free negro or mulatto into his possession, and shall, at the next county court, proceed to hire out such free negro or mulatto to such person as will pay the amount of said execution for the shortest time of service; and the sheriff shall deliver such free negro or mulatto to the person so hiring, and shall take bond with good surety, to secure the payment of said hire, within three months, payable to the commonwealth of Kentucky, which bond shall have the force and effect of a replevin bond, and shall make return of said capias profine, together with said bond, to the clerk of his county, within ten days after such hiring; and when said bond shall fall due, the clerk shall issue an execution thereon, directed to the sheriff of the county where the obligors to said bond reside, for the amount thereof; and the said sheriff shall collect the same and pay it over to said clerk, and take his receipt therefor; and said clerk shall account for and pay over the same, in the same manner and under the same regulations as he is directed to account for and pay over tax on seals and deeds ; and the hirer shall also enter into bond, with good surety, payable to the commonwealth of Kentucky, in the penalty of one thousand dollars, conditioned that he will not remove such free negro or mulatto without the bounds of the county where such hiring shall have taken place, during the term of service, and that he will treat such free negro or mulatto with humanity, and feed and clothe him well. § 4. The money thus collected and paid over by the clerks of this commonwealth shall be forever set apart and applied in aid of such free negroes and mulattoes as shall hereafter voluntarily emigrate from this state to Liberiaeach emigrant to be entitled to receive therefrom the sum of fifty dollars, upon his or her producing to the auditor of public accounts a certificate, with the county seal annexed, from the clerk of the county court of the county in which such free negro or mulatto resides, stating that such free negro or mulatto is an actual resident of his county, and has executed bond with good surety, in double the amount to be drawn from the treasury, conditioned that he or she will, without delay, emigrate to Liberia, and never after return and settle in this state; and the auditor shall issue his warrant for the same, which shall be paid by the treasurer out of the fund aforesaid, and no other. 18 free negro or mu. latto removing to this state. 375 the assessor shall be allowed the sum of five free negro or mulatto listed and returned by oks. any free negro or mulatto shall pass his or ate aforesaid to any person of color, whether that be free or slave, for purposes in contravention of s act, or to aid and assist any slave or slaves in escaping from the service of his or her owner or owners, such free negro and mulatto shall be deemed guilty of felony, and shall, upon indictment by a grand jury, and upon conviction thereof before a jury of the country, be sentenced by the court before whom the trial be had, to undergo confinement at hard labor in the jail and penitentiary house of this commonwealth, for a period of not less than three nor more than eight years. §7. That if any free negro or mulatto now residing Penalty on a without the limits of this state, and hereafter moving to and settling in this state, or any free negro or mulatto now residing within this state, and having left and settled without the limits of this state, and shall return and settle again within the limits of this state, such free negro or mulatto shall be deemed guilty of felony, and shall, upon indictment by a grand jury, and upon conviction thereof before a jury of the country, be sentenced by the court before whom the trial shall be had, to undergo confinement at hard labor in the jail and penitentiary house of this commonwealth, for a period of not less than two nor more than five years. How a repetition of the of fense punished. or Free negroes not allowed in future to become the owners of § 8. Persons convicted under the seventh section of this act, after they have served the time of confinement in the penitentiary, or after they may have been pardoned, who fail to leave, but remain in this state for a period of thirty days, shall be guilty of felony, and punished by confinement in the penitentiary for a period not less than five nor more than ten years for each offense. § 9. That hereafter, no free negro or mulatto shall purchase or otherwise become the owner of any slave or slaves, mulattoes in this state, unless for the purpose of carrying such slave or slaves without the bounds of this state; and any property any slave, ex or slave acquired contrary to this section, shall be forfeited to the commonwealth without office found, and shall be sold, under the direction of the court, and the proceeds of sale shall form a part of the fund as created by the fourth section of this act. cept 'or certain purposes. Approved March 24, 1851. CHAPTER 651. AN ACT requiring officers of this commonwealth to execute official bonds, and prescribing the manner of such execution. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all the clerks, sheriffs, survey ors, coroners, constables, jailers, and assessors, hereafter elected by the people, before entering upon the duties of their respective offices, shall each execute the official bond. or bonds, with approved sureties, in the mode and manner, for the amounts, and subject to the conditions of the official bonds now by law respectively required of such officers. § 2. The auditor of public accounts, to be elected in August next, before entering upon the duties of his office, shall execute such official bond as is now required by law of the second auditor; to be executed in the same manner, for the same amount, with like sureties, and subject to the same conditions as the bond now required of the second auditor. 1851. to execute bonds before entering fice. Certain officers on duties of of Auditor to execute bond. Treasurer and § 3. The treasurer and register of the land office, hereafter elected by the people, and every officer of a district Register. or county, or for the state at large, so elected, before entering upon the duties of their respective offices, shall each execute bond or bonds now required by law of such officers respectively, with like sureties, in the same amount, and subject to the same conditions. §4. If the official bond is not given, and the oath of office taken, within one month from the time when the officer was elected or appointed and received a certificate thereof, and a commission, where a commission is necessary, or from the time his election or appointment ought to take effect, such office shall be deemed vacant. If not executed within one month the office to be declared vacant. Further regu lations as to of fices deemed va § 5. If any officer, who, having executed bond and entered on the duties of his office, shall thereafter fail and refuse to execute any other official bond required by law, his cant. office shall be deemed vacant, and shall be filled as any other vacancy of such office. § 6. This act shall apply to all officers hereafter elected at regular elections, from whom bonds are required by law to be executed, and to all officers elected or appointed to fill any vacancy in any of said offices. Approved March 24, 1851. Applicable to all officers from required. whom bonds are CHAPTER 652. AN ACT to establish an additional election precinct in Jefferson county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an additional election precinct, to be known as precinct No. 11, is hereby established in the county of Jefferson, to be included in the following boundary, towit: beginning at the mouth of Cane run; thence up that 1851. creek to the Jefferson county line; thence with said line to Floyd's fork; thence with that stream to the beginning. The place of voting in said precinct shall be at the house of John Pound. Approved March 24, 1851. CHAPTER 655. AN ACT relating to Assessors of Tax. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the assessors to be elected by the people in May next, under the constitution, shall not enter upon the discharge of their official duties, as such, until the tenth day of January, 1852; on or before which time they shall qualify and enter into bond before the county court, under the rules and regulations now prescribed by law. § 2. That assessors elected by the county courts for the year 1851, shall discharge all the duties of assessors for that year, in the mode and manner heretofore prescribed by laws prescribing the duties of assessors of tax, and subject to the same responsibilities. Approved March 24, 1851. CHAPTER 656. AN ACT to change the place of voting in Jamestown; in Campbell county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the town of Jamestown, in Campbell county, be changed from the school house in said town to the Jamestown hotel. Approved March 24, 1851. CHAPTER 658. AN ACT to authorize the Mayor and Council of the city of Louisville to provide for the times, places, and manner of holding the first election in 1851, under the charter of said city. Whereas, the charter of the city of Louisville, enacted at the present session of the general assembly, goes into operation on the day on which the first municipal election of city officers thereunder will occur, and there is a necessity that provision should be made by the present mayor and council of said city for holding said elections. Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the present mayor and council of the city of Louisville shall, at least six days before the elections provided for in the charter of the city of Louisville above recited, prescribe by ordinance the times and places of hold ing the first municipal elections under said charter, the officers by whom the same shall be holden, and make all necessary rules and regulations therefor. Approved March 24, 1851. 1851. CHAPTER 662. AN ACT repealing all laws authorizing allowances to clerks and sheriffs for ex officio services. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, all laws authorizing allowance for ex officio services to be made out of the public treasury or the county levy, to clerks of courts and sheriffs, shall be and the same are hereby repealed. Approved March 24, 1851. CHAPTER 664. AN ACT to establish two additional election precincts in Bullitt county. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That two additional election precincts are hereby established in the county of Bullitt, the dividing line of the first of which shall commence at the mouth of Bullitt's Lick creek, on the north side of Salt river, running thence in a straight line to the top of the ridge near Cubias' knob; thence with said ridge to the Jefferson county line, to include all the voters residing in said county west of said line; and the place of voting in said precinct is hereby established at the house of Wm. Green. Two additional fished in Bullitt precincts estab. Line of 2d dis § 2. That the dividing line of the second election precint shall commence at Long Lick bridge; thence with the trict changed. Lee's ferry road to the Rolling fork, including all voters to the west of said line; the place of voting in which is established at the house of Wm. Warren, in Pittstown. Approved March 24, 1851. Voting place changed. CHAPTER 669. Penalty on any slave emancipa this state. AN ACT to prevent slaves emancipated from remaining in the State. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if any slave by the laws of this state, shall fail or refuse to leave the state for three months ted remaining in after having been emancipated, or, having left the state, shall return and settle within the state, or remain in the state for a longer period than thirty days, such person shall be deemed guilty of felony, and, upon conviction, confined in the penitentiary for any period not more than one year. |