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ARTICLE XXXI.

Fudges to give place to Special Fudges, &c.

§ 1. If any judge shall fail or refuse to give place to a special judge immediately upon his election, he shall be deemed guilty of a misdemeanor.

§ 2. If any judge of a court receive, use, or borrow, either directly or indirectly, any money or trust fund under the management or control, or subject to the judgment or order of the court of which he is judge, or under the control or management of a receiver, commissioner, or officer of such court, or prepare pleadings or practice law in his court, he shall be deemed guilty of a misdemeanor in office.

Fudges, Governor, and Attorneys of the Commonwealth not to
Practice Law.

§ 3. It shall be unlawful for any chancellor, vice chancellor, or judge of a circuit, criminal, common pleas court, Court of Appeals, or Governor, to practice law, or to render any service as an attorney or counselor at law in any of the courts of this Commonwealth, except in such cases as he may have been employed in previous to the accepting of the office, or cases in which he is personally interested.

Penalty for judge

refusing to

place to special

judge.

Judge not to bor

row, etc., any

money subject to

of his

court.

Judges and Gov tice law.

ernor not to prac

§ 4. An attorney for the Commonwealth shall not practice law except in civil proceedings in his own district, and in such proceeding as he may have been employed before the acceptance of his office, or to which he may be a party.

5. Any person so offending shall be guilty of a misde- Penalty. meanor, and, upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars.

Commonwealth's practice law, etc.

attorneys not to

Clerks of Courts not to Practice Law.

tice law.

§ 6. It shall not be lawful for the clerk or deputy clerk of Clerks not to prac any court of this Commonwealth to practice law, or to render any service as an attorney or counselor at law, in any of the courts of this Commonwealth, except in such cases as he may have been employed in previous to the acceptance of the office, or cases in which he is personally interested.

7. Any person so offending shall be guilty of a misde- Penalty. meanor, and, upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars.

ARTICLE XXXII.

Public Libraries, Books, Pictures, &c.

books, pictures,

paintings, etc., in

Public Library.

§ 1. Any person who shall willfully cut or tear out of any Willfully injuring book, newspaper, periodical, or any literary work or production whatever, any leaf, picture, painting, or engraving, or in any other manner mutilate, destroy, or injure any such book, newspaper, periodical, or any other literary work or production whatever, kept in any public library in this Commonwealth, shall be fined not less than twenty nor more than one hundred dollars.

Drunk or asleep

on or about Cap

itol Square, etc.

§ 2. The legislative halls, clerks' offices, and court-rooms, Legislative hall, sheriffs' offices, and county judges' offices, shall be included

clerks' offices, etc., included.

in the words public libraries in the preceding section.

Penalty.

ARTICLE XXXIII.

Capitol, Public Offices, and Grounds.

§ 1. If any person shall lie drunk or asleep on the pavements or grounds in or around the inclosure in which the State House is situated, or on the floors in the halls, doorsills, door-steps, portico floor, or steps of the State House, or other buildings on the Capitol Square, or in or on any temporary structure in said inclosure, he shall be immediately arrested, and fined not less than five nor more than ten dollars.

§ 2. It shall be held and deemed to be a misdemeanInjuring public or for any person to pull down, destroy, or in any manner buildings, etc., on

Capitol Square. damage or injure any of the public buildings and offices

situated upon the Capitol Square; or to pull down, break,

carry away, or in any manner injure or destroy the fencing, stone wall, gates, pavements, walks, trees, or shrubbery on or Injuring furni- around said Capitol Square; or to injure any fixture thereture, pictures,

books, records, on; or to play ball, marbles, bandy, or any game of sport

etc.

upon any part of said Capitol Square, or in or about any of the buildings and offices situated thereon; or to dig up the grass, or throw stones or other missiles upon said square, or erect any nuisance thereon; or to efface, mutilate, destroy, carry away, or in any manner injure any of the furniture, pictures, books, papers, records, and documents of any kind in and about any of the public buildings and offices aforesaid, or other thing pertaining thereto.

§ 3. Any person or persons guilty of any of the offenses enumerated in the preceding section, shall be fined or im

prisoned, at the discretion of a jury, or both so fined and imprisoned, and shall also be liable, in a civil action, for double the value of the property destroyed or injury done. § 4. All prosecutions and actions brought under this section shall be in the name and for the use of the Commonwealth.

§ 5. The police court of the city of Frankfort, and the circuit court of Franklin county, shall have concurrent jurisdiction of all suits and prosecutions for violations of this

act.

ARTICLE XXXIV.

Shooting in Cities and Towns.

§ 1. If any person shall shoot or discharge fire-arms in a city or town, unless necessary or proper for the protection of person or property, he shall be fined not exceeding twenty dollars; but the city or town authorities may permit shooting outside of designated limits, or on particular occasions, or in designated places.

Defacing and Taking Down Advertisements.

§ 2. If any person shall take down or deface an advertisement required by law, or for the sale of property, put up by any sheriff, deputy sheriff, coroner, constable, or other officer or commissioner authorized to make sale of such property by execution, judgment, or order of sale, or otherwise, before the time of sale mentioned in it, he shall be fined not less than five nor more than thirty dollars.

ARTICLE XXXV.

Prosecutions in name of the Commonwealth.

Police court of risdiction.

Frankfort has ju

1R. S., 412.

Shooting in cities

and towns.

ing down adver

Defacing & tak tisements.

Tavern-keepers-Tippling-Houses-Retailing.

2

§ 1. A tavern-keeper may be indicted for a breach of his obligation, and, upon conviction, the court shall render judgment against him for the sum of three hundred dollars, and may also embrace in the same judgment such of the sureties as have been served with a copy of the summons at least ten days before the commencement of the term. It is hereby made the duty of the clerk to issue a summons against each surety in the bond of the tavern-keeper on which the indictment is found.

R. S., 407.

Indictment and

penalty for viola

tion of his bond.

§ 2. Any tavern-keeper who shall demand or receive any Penalty for viogreater price for any one or more of the items specified in

lating rates.

Keeping a tippling-house three months.

3. Any person, unless he shall have a license therefor, Penalty for keep who shall sell in any quantity wine or spirituous liquors, or

ing a tipplinghouse.

the mixture of either, in any house, to be drunk therein, or on or adjacent to the premises where sold, or shall sell the same, and it shall be so drunk, shall be deemed guilty of keeping a tippling-house, and fined the sum of sixty dollars.

4. If any person shall keep a tippling-house for three months at one time, he shall be liable to a fine of two hundred dollars.

Retailing.

ing within 1 mile

Vending or buy of church, etc.,

during divine service.

same house.

5. Twice selling in or at the same house, under the cirTwice selling in cumstances named in the first section of this article, shall be evidence of the keeping of a tippling-house. If on the trial of an indictment for keeping a tippling-house, the jury find the defendant not guilty of keeping such house, they may, if the evidence will authorize the same, find him guilty of retailing, as provided in the next section of this article, and he shall be fined accordingly.

§ 6. Any person who shall, without lawful authority, directly or indirectly, sell by retail, in any quantity whatever, to be drunk at the place of sale, or on the same premises, or adjacent thereto, or sell and the same shall be so drunk, any vinous or spirituous liquors, or any mixture therewith, shall be fined twenty dollars for each and every offense, on the indictment of a grand jury.

Indicted for keep ing tipplinghouse, may be

found of retailing.

the tavern rates than is fixed by the court, shall be fined five dollars.

§ 7. No person shall vend or buy within one mile of any church, meeting-house, or other place of public worship, during divine service, any wine or spirituous liquor, or a mixture therewith, to be drunk or which shall be drunk within that distance of such worship, except in houses authorized by law. Any person offending herein, and each person so drinking, shall be fined ten dollars for each and every such offense.

§ 8. Any person indicted for keeping a tippling-house, or for selling by retail, and acquitted thereof, may, on the same trial, be found guilty and fined under the preceding sections, if the evidence given on the trial shows that the defendant is guilty of the offense therein described.

§ 9. Any person who shall sell, lend, or give vinous, spirPenalty for sell ituous, or malt liquor, or any mixture of either, to a person

ing to known inebriate.

under twenty-one years of age, other than his own children,

without the special written direction so to do, specifying the person by name and the quantity, from the father or guardian of such infant, shall be fined fifty dollars.

be given.

§ 10. Any person having a license to sell spirituous, vinous, Notice must first or malt liquors by the drink, shall be subject to a fine of twenty dollars for each selling or giving, or permitting to be sold or given, to any known inebriate, any spirituous, vinous, or malt liquors by the drink. For every violation of this section the wife, or any relative of the inebriate, may recover not less than a like amount for her or his benefit, before any court of competent jurisdiction. Notice in writing that the person is an inebriate, and forbidding the sale or giving of such liquors to him, shall be given by the wife or relative of such inebriate to the person so licensed, before the action provided for in this section can be maintained.

An Act to prevent the destruction of fish in Cumberland river and its tributaries, above the falls of said

river.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter it shall not be lawful for any person or persons to catch or destroy any fish in Cumberland river or any of its tributaries, above the falls, by means of a seine, net, drag, gigs, paddle, or trap. Any one thus offending shall be fined in a sum not less than twenty dollars and not exceeding one hundred dollars, to be recovered by indictment of a grand jury of the county in which the offense is committed.

2. That this act take effect from and after its approval.

Approved March 12, 1873.

An Act in relation to the punishment of persons aiding in the escape of inmates from the Louisville House of Refuge.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That any person who shall aid, assist, or abet any male or female to escape from the Louisville House of Refuge, or shall harbor or conceal such persons, knowing them to have escaped, shall, on conviction, be fined not less than one hundred dollars, or confined in the county jail not less than thirty days, or both, at the discretion of the jury.

2. This act shall take effect from its passage.

Approved March 29, 1873.

An Act to amend an act, entitled "An act to prevent the destruction of fish in the Kentucky river and its tributaries," approved March 13th, 1872.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled "An act to prevent the destruction of fish in the Kentucky river and its tributaries," approved March 13th, 1872, be so amended as to make the first section thereof read as follows: That it shall not be lawful for any person or persons to haul a seine, or stretch a set-net, or use a gill-net, or a dip-net, for taking fish in the Kentucky river or any of its tributaries, within fifty miles of the mouth thereof.

2. That section second of said act, to which this is an amendment, be so amended as to read as follows: That it shall not be lawful for any person or persons to use a gaff, gig, or trap, for the purpose of taking fish in the Kentucky river, or within five miles of the mouth of any tributary stream of said river, during the spawning season—that is, from the first day of April to the 31st day of May, inclusive.

3. This act shall not apply to Madison, Garrard, and Henry counties.

4. This act to take effect and be in force from and after its passage.

Approved April 4, 1873.

An Act to prohibit and punish persons guilty of intimidating others.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if any person or persons shall, by means of violence to person, family or property, prevent, hinder. control or intimidate, or shall by such means attempt to prevent, hinder, control, or intimidate any person from exercising or in exercising the right of suffrage, to whom such right is secured

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