ment of the same, but not before. The true intent and meaning of this provision is hereby declared to be, that no account or claim, of any character or description whatever, brought against any of the Asylums established by this act, either by the officers thereof or by any other person or persons, shall be paid, in whole or in part, until the same shall have been first submitted to the Board of Commissioners of the Asylum against which the account may be presented or the claim preferred, and declared by a majority of said Board of Commissioners to be just and right, and directed to be paid, by an order entered upon the book of the secretary of said board, signed by the president and countersigned by the secretary. It shall be the duty of said stewards, of each and every of them, whenever the president of their respective boards shall issue a warrant on the treasurer in payment of any supplies purchased by them, or either of them, to carefully enter, in a book to be kept for the purpose, the number, date, and amount of said warrant, and the name of the person to whom the same was issued. The said stewards shall also take possession of the farm and garden attached to their respective Asylums, and superintend and control the cultivation and management of the same. They shall, each and every of them, within the first week after entering upon their duties, take a complete inventory of all the crop, of every description, on hand, of all live stock, cattle, horses, hogs, and other stock, of all farming utensils, wagons, carts, and of all other effects attaching and properly belonging to the farm and garden, and keep, preserve, and account for the same. They shall, each of them, superintend and control the cultivation of the farm and garden attached to their respective Asylums. Each and every of the stewards appointed under this act shall be responsible for all the stock and products of the farm and garden placed in his hands and under his control. Nothing on the farm or garden, or under his control, shall be taken therefrom without his knowledge and consent; but whenever the president of the Board of Commissioners shall apply to the steward to furnish, from the farm or garden, supplies for the Asylum for which such steward may be acting, it shall be the duty of the steward to do so, taking the receipt of said president for the same, specifying the amount of such supplies, and their market value, which receipt shall be entered upon the books of the secretary and on the books of the steward furnishing the supplies, and filed in his office and safely kept by him as a voucher. If any stock or produce be sold for cash, by any steward, off the farm or garden placed in his hands or under his care, the same shall be paid over by him to the treasurer, and the treasurer's receipt taken for the same, specifying for what stock or produce said money was received, and to whom sold; and said treasurer's receipt shall be recorded in the books of the secretary of the board, and in the books also of the steward, and filed and safely kept in the office of said steward as a voucher: Provided, however, That it shall not be lawful for any steward appointed under this act to sell any number of the stock, or any portion of the products of the farm or garden, for cash, or on credit, without the advice and consent of the Board of Commissioners. It shall be the duty of the steward of each and every of the Asylums named in and established by this act to keep a full and complete record of all their official acts and proceedings, which shall be open at any time to the inspection of any committee or commissioner appointed by the General Assembly to examine the same. It shall be the duty of each of said stewards to report to the Governor monthly a statement, in writing, of his official acts to date, the condition of the farm and garden, and the number, character, and condition of the stock under his care and control. 15. That from and after the passage of this act, the two Asylums named in, and established by, the second section of this act as the Third Kentucky Lunatic Asylum and the Fourth Kentucky Lunatic Asylum, shall be, and the same are hereby, set apart and devoted to the reception, care, and treatment of that class of lunatics afflicted with chronic mania or epilepsy; and the two Asylums named in, and established by, said second section of this act as the First Kentucky Lunatic Asylum and the Second Kentucky Lunatic Asylum, shall be, and the same are hereby, set apart and devoted to the reception, care, and treatment of that class of lunatics afflicted with acute mania; and the Governor is hereby authorized and empowered to cause all the lunatics in the State to be located and provided for in conformity with this section, and at as early a day as practicable after the first day of May, 1873: Provided, however, That colored lunatics shall remain in the Asylum where they now are, and be provided for as heretofore; and the juvenile delinquents, at the House of Reform, remain thereat; and any other person or persons hereafter convicted and sentenced to confinement in said House of Reform be received in and remain thereat until otherwise provided by law: Provided further, That the Institution now known and used as a school for feeble-minded children shall not be taken or used as a Lunatic Asylum, as provided by this act, until the Institutions now known as the Eastern Lunatic Asylum, Western Lunatic Asylum, and House of Reform for Juvenile Delinquents, shall be filled to their full capacity, and necessity shall arise for more room to accommodate lunatics; which necessity shall be certified to the Governor by a majority of the Superintendents of the several Lunatic Asylums; and the Governor shall thereupon proceed to carry out the provisions of this act so far as the same applies to the said Feeble-minded Institute.

16. That no secretary or treasurer appointed under this act shall be a member of the Board of Commissioners.

17. That the secretary and treasurer of each and every of the Asylums established by this

act shall make to the Governor, quarterly, a separate report of the financial condition of their Asylums.

18. It shall be the duty of the treasurer, under the order of the Board of Commissioners of each and every of said Asylums, to receive from, and receipt to, the Treasurer of the State for all moneys appropriated to the use of their respective Asylums.

19. That the terms of all officers provided for in this act, other than the Commissioners, shall be four years.

20. That from and after the first day of May, 1873, the children in the Institution, now styled the Kentucky Institution for the Education and Training of Feeble-minded Children, shall be returned to their parents, if living and suitable to take charge of them, if not, to their guardians or committees, at the expense of the State; such as have neither parent, guardian, or committee, shall, unless some suitable relative apply for them, be returned to the county from which they were sent to said institution, and the county court shall appoint a committee for such feeble-minded child or person, giving preference to the next of kin, if a suitable person, and said committee shall procure a suitable home for such feeble-minded child or person.

21. That the parent, guardian, or committee, as the case may be, shall be allowed for each pauper feeble-minded child or person the sum of seventy-five dollars per annum, to be paid in equal semi-annual installments out of the State Treasury, for the support of each of said pauper feeble-minded children or persons, upon the order of the circuit court, certified to the Auditor of Public Accounts, as now provided by law in case of idiot claims, which sum shall be paid by the parent, guardian, or committee, to the person taking care of and supporting the feebleminded child or person.

22. It shall be the duty of the county court to see that the money drawn under the provisions of this act is faithfully applied to the support and comfort of said feeble-minded children or persons, and to remove the guardian or committee for a failure to discharge his duty, and to change the custody of such children or persons, if not properly cared for.

23. That the Governor is requested, as soon after the passage of this act as may be convenient, to cause copies of the same to be mailed to each county judge of the counties to which any feeble-minded child is to be returned.

24. That an act, entitled "An act to provide for the location and erection of the Third Lunatic Asylum, and the enlargement of the Western Lunatic Asylum," approved February 5th, 1873, be, and the same is hereby, repealed.

25. That all acts or parts of acts in conflict with the provisions of this act, be, and the same are hereby, repealed.

26. This act shall take effect and be in force from and after its passage.

Approved April 21, 1873.

An Act relating to the grounds of the charitable institutions of this Commonwealth.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be unlawful for any person, company, corporation, association, or city, to condemn or use any part of the ground or grounds of any charitable institution of this Commonwealth as a public or private road, passway, street, or alley, or any other public use.

2. All acts and parts of acts inconsistent herewith are hereby repealed.

3. This act shall be in force from its passage.

Approved January 18, 1873.

CHAPTER 74.

MASTER AND APPRENTICE.

ART. 1. Duties and powers of County Courts to bind Apprentices, &c. 2. Master and Servant, rights and obligations of

ARTICLE I.

Duties and powers of County Courts to bind Apprentices, &c. § 1. The county court shall have jurisdiction to bind out infant children. It shall be the duty of the court to inquire after and to put in apprenticeship such poor orphans and other children within its knowledge, whose relatives or parents the court shall judge will not bring them up in moral courses. The court may, in its discretion, bind out the children of a man condemned to confinement in the penitentiary.(a)

§ 2. Before an order shall be made binding out any such child, the person with whom it shall reside shall be summoned to show cause to the contrary.

§ 3. Any orphan minor may be bound as an apprentice by its guardian, or if no guardian, by its mother, with the consent, entered of record, of the county court of the county where it may reside.

§ 4. The term of every such apprenticeship shall be until the minor attains the age of twenty-one years, if a boy, or eighteen years, if a girl.

§ 5. No person to whom a child shall be bound shall have the right to take or send such child out of this State, nor to sell his term of service, or any part thereof, to any other person, nor to give another person the right to control such child. (b)

(a) The jurisdiction of the county court over orphans and poor children is limited and special; and every order of binding a child as an apprentice should exhibit the facts required by law for giving it jurisdiction. (Small vs. Small, 2 Bush, 45; Chaudet vs. Stone, 4 Bush, 210.)

2. The court, at a subsequent term, has power to vacate or set aside an illegal order and indenture of apprenticeship, on the petition of the orphan by his next friend. (Ibid.)

3. The indenture should contain a covenant on the part of the master to teach his apprentice the art or business, for the purpose of learning which he is apprenticed. (Baker vs. Winfrey, 15 B. M., 507.)

(b) One to whom an apprentice was bound by an order of the county court, and who hires such apprentice to another for a part of the term, cannot recover on a covenant executed for such hire. (Huffman vs. Rout, 2 Metcalfe, 51.)

prenticeship, how

executed, and its

stipulations.

§ 6. The writing by which any minor shall be bound an Indenture of ap- apprentice shall be signed by the master, and for the minor by the clerk of the county court, and shall specify the age of the minor, and what art, trade, business, or occupation he shall be taught; that the apprentice shall have proper medical attention, and shall be well fed and clothed, and treated with humanity; and the master shall be bound to pay, at the end of the apprenticeship, to a girl the sum of fifty dollars, and to a boy the sum of one hundred dollars; but if the master shall teach the apprentice to read and write, then he shall not be bound to pay him or her any money at the end of the apprenticeship.

cedent to be ex

§ 7. When any minor has been, or may hereafter be, If master dies, bound to a master, and the master died, or shall die before minor may again be bound out. the end of the apprenticeship, the personal representative of the master may deliver the apprentice to the county court of his county, and the court may again apprentice the minor Covenant of de- to some other person. And said court shall at once examined, and if amine into the covenant of the deceased master, and hear violated, damages recoverable proof, and determine whether the covenant has been complied with; and if there has been any breach of the same by the deceased master, the court shall assess the damages for the same, and shall render judgment against the personal representative and in favor of the new master, or the apprentice, enforceable as other judgments are, for which Myers' Sup., 729. judgment and interest the new master shall be bound on his covenant from the time the same shall be collected by him; and upon the payment by the personal representative of the deceased master of the judgment, the estate and representative shall no longer be liable upon the covenant.

Acts 1868, 17.

Apprentice run

ceasing to serve,

prenticeship may be canceled.

§ 8. In all cases where minors have been apprenticed, the county court of the county in which the articles of apprenning away or ticeship were executed may cause to be entered on the articles of ap order-book of said court an order releasing the master from said articles of apprenticeship, when it may be made to appear to the satisfaction of said court that the apprentice has run away from, or has abandoned the service of, or refuses to serve and obey his master, without the fault of the master; and when such order has been entered as above, the master shall thereafter be deemed and held to be released from all liability arising on such articles of apprenticeship.

§ 9. Notice shall be given to the county attorney of the county wherein such application for release shall be made, and it shall be his duty to resist such release, and defend for the apprentice.

Notice of appli

cation for release

must be given to

County attorney.

§ 10. If an apprentice shall desert his master, he shall be Desertion. liable to such master for all damage sustained by such desertion.

§ 11. If any person shall entice away an apprentice from his master, he shall pay the master therefor three dollars for every day the apprentice shall remain out of the service of the master; and any person who shall, knowingly, conceal, harbor, or employ such apprentice, shall, in like manner, pay the master therefor three dollars per day for every day such apprentice shall be so concealed, harbored, or employed. § 12. The county court of each county shall receive and hear the complaints of apprentices, who reside in the county, against their masters, for undeserved or immoderate correction, insufficient allowance of food, raiment, or lodging, or want of medical attention, or instruction, and may make such order therein as is right and just, and may discharge the apprentice and bind him to another person, if it shall seem necessary.

Penalty for enticing away, harboring, &c.

Complaints by

apprentice to be

heard by county

court.

master.

§ 13. The court may, in the same manner, hear the com- Complaints by plaints of masters against their apprentices for desertion without good cause, or other misconduct, and may oblige the latter to make compensation.

ning away-how

§ 14. If any apprentice shall unlawfully depart from the Apprentice runservice of his master, a judge of any county court, upon apprehended. complaint made to him by the master, or his agent, shall issue his warrant to apprehend such apprentice, and bring him before him; and if the complaint shall be supported, he shall order the apprentice to be returned to his master, or may commit him to the county jail, there to remain not more than twenty days, if not sooner discharged by the

master.

directed.

§ 15. The judge's warrant may be directed to any offi- Warrant for, how cer, or other person, by name, and shall empower him to convey the offender to the place of residence of the master, although it may be in another county, or to the jail of the county where the master resides.

if master dies.

§ 16. The servitude of an apprentice shall cease at the Servitude to cease death of the master.