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An Act in relation to the marriage of negroes and mulattoes. 1865 37 (1865.12)

handle is hein.slavery/ssactsky0858 and id is 1 raw text is: LAWS OF KENTUCKY. CHAPTER 556. 1866. AN ACT in relation to the marriage of negroes and mulattoes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That all negroes and mulattoes may intermarry with Marriage of each other in the same manner and under the same regula- negroes regu- tions that are provided by law for white persons: Provided, al law. But to be That the clerk of the county court shall kee) separate records separately reg- of the same. In addition to the persons now authorized by istered. law to solemnize marriage, marriages between negroes and mulattoes may be solemnized by any minister in good stand- solemWomay ing of any recognized church of colored persons. § 2. All negroes and mulattoes who have heretofore lived Those hereto- and cohabited, and do now live together as husband and wife, fore cohabit- Iin g, declared shall be taken and held in law as legally married, and the man and wife. And their issue held as legitimate for all purposes: Provided, Such per- children legiti- sons shall appear before the clerk of the county court of their mate. But must make then residence, and declare that they have been, and desire to declaration be- continue, living together as husband and wife, when, upon the fore county ~court.• and same receipt of a fee of fifty cents. the clerk shall make a record of to be recorded. such declaration, and, for an additional tee of twenty-five Fees. cents, shall furnish the parties with a certificate of said declar- ation. Said record or certificate shall be evidence of the exist- Record, evi- ence of the marriage and the legitimacy of the issue born or dence. to be born to said parties: Provided, The issue of customary marriages of negroes shall be held legitimate. § 3. It shall not be lawful fbr any negro or mulatto to inter- Negroes or mu- lattoes not to marry with any white person, -nor for any white person to intermarry intermarry with any negro or mulatto; and any person who with whites. :n nor vice versa. shall so intermarry shall be deemed guilty of felony, and, on Penalty. conviction thereof, shall be confined in the State penitentiary for any period, in the discretion of a jury, not less than five years. Those shall be deemed negroes and mulattoes who are Who deemed of pure negro blood, and those descended from a negro to the negroes and Mmulattoes. third generation inclusive, though one ancestor of each gener- ation may have been a white person. § 4. This act to take effect. Approved February 14, 1866. CHAPTER 559. AN ACT appropriating money for rebuilding Western Lunatic Asylum. Be it enacted by the General Assembly of the Commonwealth of Kentuckly: § 1. That the sum of thirty thousand dollars be, and the $30.0W appro- same is hereby, appropriated for the purpose of paying bal priated to com- ances due for the reconstruction of the Western Lunatic Asy- plete Asylum. lum of Kentucky, and for the completion of the remainder of the building. 2. That the further sum of seven thousand five hundred $7,500 for fur- f nishing build- dollars be, and is hereby, appropriated for the furnishing of ing,&c. said asylum, and for the payment of fifteen hundred dollars balance due the Bank of Kentucky at Hopkinsville, for a house

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