1845 Judges not entitled: witnesses may be examined, &c. SEC. 9. No Judge of any election shall permit any person to vote who he knows to be an illegal voter, though such person may be willing to be sworn to his qualification; being, neverto permit voter theless, responsible for any wilful refusal to receive a good to vote, if he vote, as heretofore. And when any Judge or Judges of an is known to election shall have cause to believe that any person offering to them not to be vote is not a bona fide citizen or legal voter, such Judge shall be authorized and empowered to call or summon such witnesses or by-standers as he may choose, and examine them on oath touching the same; and any person so called on or summoned, and who shall wilfully fail and refuse to appear and answer such interrogatories (without good cause shown) as may be put to them, shall be liable to a fine of fifty dollars, recoverable (as shall be all other fines mentioned in the preceding sections of this act,) for the benefit of the county in which he lives, before any magistrate thereof. And it shall be the duty of the Judges of the several elections, where such persons fail to appear and testify, as aforesaid, in all cases to prosecute, and for their failure so to do, shall be liable to a like penalty, recoverable before any magistrate of the countyone half to the use of the informer, and the other to the county. Persons vio arrested, &c., SEC. 10. If any person shall be charged with a violation of any of the provisions of the foregoing act, during the time of lating this act, election, upon oath, either Judge of such election, or any Jus- during electice of the Peace present, when such charge is made, on oath, tion, may be shall issue, immediately, to the Sheriff of the election, or to and how. any Constable or Sheriff of the county, process, requiring such person to be taken forthwith into custody, and remanded to the Jail of the county, to await prosecution before a Justice of the Peace, if his offence be punishable by a pecuniary penalty; or the action of the next Grand Jury of the county, if the charge against him be punishable by confinement in the Penitentiary: unless the person so charged shall enter into bond, with approved security or securities, each in the penal sum of not less than two hundred dollars, for his appearance; and the informer shall be required to enter into recognizance to appear and prosecute, in the penalty of not less than four hundred dollars. Naturaliza SEC. 11. In all cases where naturalized citizens are permitted to vote, they shall be required to present their naturaliza- tion papers to tion papers to the Judges, unless it is personally known to one be produced. of them, that such person or persons have been regularly nat uralized. Person refu sing to take oath, not to be allowed to vote SEC. 12. When any person shall refuse to take the oath or affirmation tendered by either of the Judges, his vote shall be rejected; and whenever any person offering to vote shall be sworn, it shall be the duty of the Clerks of the election, in all cases, to write on the poll book, at the end of such person's ted. name, the word "sworn." SEC. 13. It shall be the duty of Judges, Sheriffs and Clerks of elections, in all cases where the provisions of this act are Oath to be no 1845 violated, to inform against offenders; and when they are sworn in, it shall be the duty of the magistrates, or other persons Judges, &c. qualifying them, to set forth and administer to them the foloath to be ad- lowing oath: "You do solemnly swear that you will well, faithministered to fully, and impartially discharge the duty incumbent on you, Judges, &c. to inform,&c.: Penalty on vote. (as Judge, Sheriff or Clerk, as the case may be,) in conducting the election according to law; and that you will faithfully and diligently inform against each and every person who shall be guilty of violating the same." SEC. 14. If any Judge of an election shall, knowingly, receive or sanction the reception of a vote from any person, not Judges for re- having all the qualifications of an elector, prescribed by law; ceiving illegal or if any Clerk or Judge of the election, on whom any duty is enjoined by this act, shall be guilty of any wilful neglect of such duty, or of any corrupt conduct in the execution of the same, such Judge or Clerk, on conviction thereof, shall be fined not less than fifty, nor more than five hundred dollars; and on failure to pay the same, shall be kept in the county jail one day for each $2 of his fine. False swearing perjury. SEC. 15. If any person, challenged as unqualified to vote, shall be guilty of wilful and corrupt false swearing, or affirming, in taking any oath or affirmation prescribed by this act, such person shall be adjudged guilty of wilful and corrupt perjury, and upon conviction thereof, shall suffer the punishment attached by the laws of this State to the crime of perjury. SEC. 16. This act shall be given specially in charge to the Be given in Grand Juries at each term of Criminal and Circuit Courts, by charge Grand the presiding Judge thereof; and all acts and parts of acts Jury. coming within the purview of this act, are hereby repealed. SEC. 17. If the person be challenged as unqualified, on the ground that he is not a citizen of this State, the Judges, or one of them, shall put the following questions: Questions to be put to voter whose residence in State First. Have you resided in this State two years, or in this is questioned. County one year, immediately preceding this election? Second. Have you been absent from this State during the said two years immediately preceding this election? If yes, then Third. When you left, did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away? Fourth. Did you, while absent, look upon and regard this State your home? or did you, while absent, vote in any other State? SEC. 18. If the person be challenged as unqualified, on the Questions to ground that he is not a resident of the county where he offers resi- to vote, the Judges, or one of them, shall put the following dence in the questions: voter's county. First. When did you last come into this county? Second. When you came into this county, did you come for a temporary purpose merely, or for the purpose of making it your home? Third. Did you come into this county for the purpose of voting in it? 1845 Fines how SEC. 19. Be it further enacted, That the Circuit Courts shall have jurisdiction in all cases of fines or penalties specifi- recoverable. ed in this act, to be recoverable by indictment, and it shall be the duty of the Commonwealth's Attorneys, diligently to enquire into, and prosecute the same, and for all money collected under this act, he shall be, and is hereby allowed ten per cent. on the same. Judges to SEC. 20. Be it further enacted, That it shall be the duty of every Judge of an election, when he shall have grounds to caution voter believe that any person is about to violate any of the provis- suspected. ions of this act, to apprize him of the penalty for such violation. SEC. 21. Be it further enacted, That the provisions of this act shall not be construed to prevent any Judge or Judges of elections from propounding to any person offering to vote, any additional interrogatories which may be deemed necessary to elicit the whole truth. SEC. 22. Be it further enacted, That the 10th section of this act shall not be so construed as to authorize the commitment of any person without a hearing, as in ordinary trials for breaches of the penal laws of this State. SEC. 23. That in all cases, where, by the provisions of this act, fines may be inflicted before a Justice, the said fine shall be assessed by a jury, and judgment thereon be rendered by the Justice. And in all cases where trials are had before a Justice of the Peace, the party convicted may appeal from the judgment of the Justice, to the Circuit Court of the county where the judgment is rendered, under the same regulations as in civil cases, except that the same shall be docketed with the criminal cases: Provided, Before such appeal is allowed, the Justice before whom such judgment is rendered, shall require the defendant to enter into a recognizance, with one or more securities, in the penalty of one hundred dollars each, to appear on the second day of the next succeeding Circuit Court. SEC. 24. That all Judges of elections, whether Justices of the Peace or not, shall be, and are hereby, authorized to qualify each other, as well as the Clerk, to discharge the duties of Judge or Clerk of any election to be conducted by them. Approved February 8, 1845. Other ques tions may be propounded. Persons ar rested not to without hear be committed ing.. CHAPTER 197. AN ACT to regulate the weight of Grain. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, when any contract shall be made for the sale and purchase of shelled corn, or oats in sacks, by the bushel, it shall be deemed and held a compliance with such contract, to deliver such grains according to the fol 1845 lowing weights: thirty two pounds of oats shall be, and is hereby declared equal to one bushel, and fifty four pounds of shelled corn shall be deemed and held equal to one bushel. Approved February 8, 1845. CHAPTER 206. AN ACT to reduce the number of Justices of the Peace and Constables of SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Adair, is hereby prohibited from nominating suitable persons to fill vacancies that may, from time to time occur, by death, resignaJustices in tion, or otherwise, in the number of Justices of the Peace in Adair reduc- said county, until reduced to the number of twelve: Provided, That nothing in this act shall be so construed, as to prevent the said Justices of the Peace now in commission in said county from exercising the duties and privileges of Justices of the Peace during their continuance in office; and that the ConstaConstables bles of said county shall be reduced in like manner to the number of twelve. ed. reduced. SEC. 2. That when the number of Justices of the Peace and Constables of said county are reduced to said number, it County to be shall be the duty of said Court, to district the county, in such manner, as may, in their opinion, comport with the conveni ence of the citizens of said county. districted. SEC. 3. That, hereafter, the Terms of the Logan Circuit Terms of the Court shall commence on the third Mondays in February and Logan Circuit August, and continue twelve judicial days at each Term, if Court changed the business of the Court shall require it: Provided, however, That this act shall not take effect until the fourth Monday in May next. SEC. 4. Be it further enacted, That the Owsley Circuit Terms of the Court shall, hereafter, be held on the Tuesday after the first Owsley Circuit Court changed. Mondays in May and November, and continue five juridical days, if the business of said Court requires it. SEC. 5. That the Clay Circuit Court shall be hereafter held Terms of the on the second Mondays in the months of May and November, Circuit Court and continue twelve juridical days, if the business of said Court requires it. of Clay chang ed. Additional Term to Monroe City Court SEC. 6. Be it further enacted, That there shall be, and is hereby, added to Monroe county, one additional Term of the Monroe County Court, to be held at the Court House in said county, on the fourth Monday in the month of July, in every year, and shall continue in session six days, if the business of said Court shall require it. Approved February 8, 1845. CHAPTER 208. AN ACT for the benefit of the Kentucky Institution for the Education of the Blind. 1845 SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the President and Visiters of Pay for inthe Kentucky Institution for the Education of the Blind, shall digent pupils out of the pubhereafter be entitled to receive, for the support and mainte- lic Treasury. nance of each indigent pupil, that now is, or may hereafter be, admitted into said Institution, the sum of one hundred and twenty dollars, to be paid out of any money in the Treasury not otherwise appropriated, and to be drawn for in the manner prescribed in an act, entitled, an act to endow an Asylum for the tuition of the Deaf and Dumb, approved December 7th, 1822: Provided, That no one scholar shall be taught at the expense of the State more than five years: And provided, also, That the sum so to be drawn from the Treasury, shall in no one year exceed the sum of two thousand five hundred dollars. SEC. 2. It shall be lawful for the President and Visiters to receive pupils from other States, provided the expense of their maintenance and tuition be defrayed by such State or States, or by some individual or society: Provided, That such admission shall not operate to the exclusion of any indigent pupil of the State of Kentucky. the names SEC. 3. The President and Visiters shall, in all cases, require satisfactory proof, by affidavit or otherwise, of the residence of any applicant who may hereafter apply for the benefit of said Institution; and in every annual report, and residences of the pupils, setting forth specifically the amount paid by each, shall be reported to the General Assembly of the Commonwealth of Kentucky. Pupils may be received from other States. Residence of pupils to be proved and re ported to the Legislature. Approved February 8, 1845. CHAPTER 213. AN ACT to reduce into one the several acts concerning Common Schools, and more effectually to establish the same in this Commonwealth. COMMON SCHOOLS-FUNDS SET APART. Fund provi SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the interest on the sum of eight hundred and fifty thousand dollars of the surplus revenue of ded. the United States, deposited with this State, heretofore set apart for the benefit of Common Schools, together with all the bank stock heretofore purchased by the interest accruing on the same, now owned by the State, or which may hereafter be purchased by the same means, or otherwise funded or derived from the sale of State bonds issued to the Board of Education, or any other funds which may be hereafter appropri ated to the same purpose, shall be, and the same is hereby, set apart, and faithfully dedicated, forever, as a fund for the bene |