adjudged guilty of a high crime and misdemeanor, and be punished by a fine of not less than $100 nor more than $5,000, or confined in the county jail not less than six months nor more than twelve months, or may be both so fined and imprisoned at the discretion of the jury: Provided, That this act shall not be construed as restricting any person in his constitutional right of speaking or writing in reference to the manner of administering the Government, State or national, or against the conduct of any officer of either, when done in goon faith with the intent of defending and preserving either of said Governments, or of exposing and correcting the maladministration of either of said Governments, or the misconduct of any officer, civil or military, of either of them.
SEC. 3. That any person who shall fail, if reasonably within his power, to give information to the nearest military authorities or civil officer of the presence in, or raid, or approach of any guerrilla or guerrillas to the vicinity in which he may reside, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less that $100 nor more than $1,000, or confined in the county jail not less than three months nor more than twelve months, or may be both so fined and imprisoned, at the discretion of the jury.
SEC. 4. That in any trial as aforesaid it shall be competent to give evidence to the jury the previous character and reputation of the accused at to loyalty [or] as to disloyally to the Government of the United States: Provided, That in any prosecution under this act the test of loyalty shall be whether the defendant or defendants have adhered to and supported the Constitution of the United States and Kentucky, and have complied with and been obedient to the laws enacted in pursuance thereof.
SEC. 5. Any attorney-at-law in this State who has taken the oath prescribed by the State constitution, and who violates any of the provisions of this act, shall, in addition to the foregoing penalties, if legally convinced, be forever thereafter debarred from practicing law in this State. And the violation of any part of this act by an attorney shall authorize proceedings against him my motion in the circuit court wherein he resides, at the instance of any person or of said court, and if said attorney shall be proven guilty on the trail of said motion, he shall be debarred from again practicing his profession in any court within this Commonwealth.
SEC. 6. This act shall be given in special charge to the grand jury by the circuit judge at each term of the circuit court.
SEC. 7. This act shall take effect after thirty days from its passage.
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570. - AN ACT to provide a civil remedy for injuries done by disloyal persons.
Be it enacted, &c. SEC. 1. That if any soldier or body of soldiers, or armed band belonging to, engaged for, acting in the interest of, or professing to act in the interest of, the so-called Confederate States of America, or the so-called provisional government of Kentucky, or any armed band not acting under the authority of the United Stated or State of Kentucky, or any guerrilla or guerrillas, shall injure or destroy, or take or carry away any property of any person, county, city, corporate body, association, or congregation of this State, or shall arrest, kidnap, imprison, injure, maltreat, wound, or kill any person, the person so arrested, kidnaped, imprisoned, or wounded, if living, shall be entitled to recover such damages as a jury may find; and if dead, his wife if he should have [one], if no wife, his personal representative or heir at law, shall be entitled to recover damages to the same extent that the person, city, corporation, body, association, or congregation so injured shall be entitled to recover double the value thereof in damages, and the damages for any of said injuries may be recovered of any of the persons ding any of said wrongful acts, and of any person or persons who shall aid, advise, encourage, or counsel such acts, or harbor, conceal, aid, or encourage such wrong-doers, and may be sued jointly with or without such wrong-doers; or some or any or all may be sued until the damages sustained as above provided may have been recovered by the party or parties aggrieved. Any disloyal person who had knowledge by the party or parties aggrieved. Any disloyal person who had knowledge of the presence within the county of his residence of such guerrilla or guerrillas or predatory bank, and fails to give immediate [notice] thereof, if it is reasonably in his power so to do, to either the civil or military authorities in said county, shall be guilty of