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Acts 1862. Convicts not to be employed on private work.

and for

Right of egress purposes of im

provements reserved to State.

§ 21. Convicts shall be confined strictly within the walls of the penitentiary, and shall not be taken out to work, or for any purpose not directly connected with the interest and operations of the Institution.

§ 22. The State reserves the right to enter at any time to make any improvements, or to erect any additional buildings, within the penitentiary, which the Legislature may deem necessary or proper.

CHAPTER 86.

POOR AND POOR-HOUSES.

Paupers from other States-County Court to provide for poor and poor-houses.

§ 1. No person shall bring into this State from another State, or from any county in this State into another, any

Paupers not to be brought here

from other States poor person, except his father, mother, or child, who is likely

to become chargeable to the county into which such person may be brought.

§ 2. Any person offending herein shall, on the warrant of Person doing so, a justice or the county judge of the county aggrieved, be

how dealt with.

arrested and recognized with surety to appear before the county court to answer for the offense; and on his failure to give surety, he shall be committed to jail until court, or until bail is given.

3. The county court may require such person to give an obligation, with surety, that the poor person so introduced bond, and fined shall not become chargeable to the county; and upon failure

He may be required to give

for failing to do

50.

to execute such obligation, he shall be fined not exceeding one hundred dollars.

$ 4. Each county court shall have the power to purchase Land & furniture, and receive a conveyance of land, for the purpose of erect

&c., for poor

houses procured ing a poor-house thereon, and for the use and sustenance of

by county court.

the poor of their respective counties; and may contract for erecting a poor-house and other improvements on the land, and may purchase furniture for the house, and implements

An Act in relation to the convicts of the penitentiary.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the keeper of the penitentiary, once in each month, to read, or cause to be read, to the convicts of the penitentiary, the law punishing convicts for burning or setting fire to the penitentiary, or any part thereof.

2. That the law shall also be printed in large letters, and placed by the keeper in every shop in the penitentiary.

3. This act shall take effect from its passage.

Approved April 23, 1873.

on county.

and other necessary property for the institution. The court Expenses levied shall also have power to levy a sum sufficient to pay for the land and the necessary improvements and repairs to be made thereon, and to support the poor of the county and to pay the commissioner and other persons employed in the institution; and to appoint one or more commissioners of the poor-house and premises, and of the poor of the county whom the court may order to be kept in the poor-house; and to vest the commissioner with power, by coercion, to cause any able-bodied poor person, kept at such house, to labor; and to appoint a suitable person to receive the money levied for the institution, to apply the same to the support of the poor in such house, and to allow such receiver a reasonable compensation for his services. But the county court Commissioner. may appoint the same person to perform the duties of receiver and commissioner. (a)

§ 5. The court of claims shall have power to sell and convey the lands on which the poor-house is situate, and may reinvest the proceeds for like purposes.

bond.

§ 6. The court shall require of the receiver so appointed Receiver to give an obligation, with surety, for the faithful appropriation and just account of all the money received by him; and the collecting officer shall pay over to such person the money levied to carry on the institution or maintain the poor.

May be sold by

court of claims,

and proceeds re

invest

§ 7. Commissioners and receivers shall each hold their Office of receiver offices during the pleasure of the court.

&

commissioner held at pleasure of court.

Beggars and va

grants to be sent

to poor-house.

§ 8. Every person going about begging, or staying in any street or other place to beg, shall, on the warrant of the presiding judge of the county court, be sent to and kept at the poor-house; if a male, and able to work, he may be proceeded against under the vagrant laws.

port annually.

$9. The person appointed to receive and disburse the Receiver to repoor-house funds shall annually report his receipts and disbursements to the county court for its approval.

§ 10. The county court in term time, or the county judge in vacation, shall have the power to order a poor person to be taken to the poor-house and supported, and to cause

Court or county

judge may order

person to poor

house, and provide medical aid

(a) The authority given county courts to purchase lands and establish poor-houses is not compulsive, and does not constructively abolish the power to provide for the poor in other modes. (Orphans' Society of Lexington vs. Fayette County, 6 Bush, 413.)

2. The Orphans' Society of Lexington provides for the support and education of a portion of the poor children of that city and the county of Fayette. Held-That the Fayette county court had authority, at its court of claims, to appropriate money toward paying the cost of additional buildings erected by said society. (Ibid.)

Rules for government of the poorhouse may prescribed by the County court. Duty of county court to provide for the support of paupers.

Notice of examination.

A statement in writing to be made by him.

medical aid to be employed at the public expense for such of the poor of the county as he may deem proper.

§ 11. The county courts may on their records prescribe just and humane rules for the management of the poor in the poor-house, and the burial of the poor of their counties. § 12. It shall be the duty of the county courts to provide for the support of the paupers of their respective counties.

PORT-WARDENS.

1. The county courts of the counties having a city or

Three port-war- town situated on the bank of the Mississippi, Ohio, Sandy,

dens to be appointed by county court for cities and towns.

Kentucky, or other river improved by slack-water, may ap point three or four persons, residents of such city or town, as port-wardens of the same, who shall hold their offices respectively for four years, and until their successors are qualified.

§ 2. A port-warden, before entering on the duties of his Certificate of ap: office, shall receive a certificate of his appointment from the

pointment, and oath.

CHAPTER 87.

3. Upon the application in writing of any person inDuty to examine terested, it shall be the duty of a port-warden to examine

of ves

sels, &c., and the condition of any vessel, boat, or craft of this State; also

cargo.

the condition of any cargo or lading on board the same, and the storage thereof; also the condition of any cargo which, within the twenty-four hours next previous to such application, may have been unladen from such vessel.

clerk of the court, and take before him the oath of office prescribed by the Constitution, which the clerk shall certify on the certificate of appointment.

§ 4. Before making such examination, if it be on the application of the master or owner of the vessel, he shall first give notice thereof to the owner of the cargo or his agent, or to any insurer or his agent, intended to be affected thereby, if such owner, insurer, or agent be within the place. If the application be from an owner of cargo, like notice shall be given to the master, owner, or agent of the vessel, or to the insurer or his agent, if such master, owner, insurer, or agent be within the place.

5. After making the examination, and hearing such proof as either side may produce, he shall make out and

sign a statement, in writing, showing the result thereof; and if there be damage, making a fair estimate thereof, and stating the manner and time when the same probably occurred; and if the vessel be not fit for navigation, or the transportation of cargo, stating wherein the deficiency exists.

ination to be kept

§ 6. He shall keep a record of any such statement, and Record of examgive a certified copy thereof to any one applying for it; and such statement or copy, certified over the signature of the Copies evidence. port-warden, shall be prima facie evidence of the facts stated therein, as to the condition of the thing examined, and the amount of damage or injury.

Another portcalled in to assist.

warden may be

§ 7. Either party may demand the assistance of another port-warden in making the examination and statement; and if the two cannot agree, they shall call in a third, any two of whom concurring may make and sign the statement, which may be recorded and certified by either of them.

den.

§ 8. There shall be paid to each warden, for his services, Fees of port-warby the person applying therefor, the following fees: for the inspection of a vessel or cargo, one dollar. For attending at the unlading of a vessel, one dollar; and if detained at such attendance more than one hour, for each additional hour, twenty-five cents. For each certificate or copy of a record, fifty cents.

CHAPTER 88.

PUBLIC ARMS AND ACCOUTREMENTS.
Where to be kept-How disposed of.

§ 1. The public arms and accoutrements of the Common- 2 R. S., 217. wealth shall be kept at the seat of government, in the State Arsenal, by the Quarter-Master General.

Arms to be kept at State Arsenal.

good order.

§ 2. Such arms and accoutrements shall be cleansed from To be kept in time to time and kept in good order. The expenses thereof shall be certified by the Governor to the Auditor, and paid out of the Treasury.

§ 3. The Auditor shall report to each session of the Gen- Sums expended eral Assembly the sums expended under this chapter.

for to be reported by Auditor.

§ 4. No part of the public arms or munitions of war shall be drawn from the State Arsenal except upon the order of the Governor, and only by such militia companies and persons as shall be designated by him.

Not to be drawn

from arsenal but

by order of Gov

ernor.

§ 5. The Quarter-Master General shall, at each session of Quarter-Master the General Assembly, report to the Governor the quantity, quality, and kind of public arms and accoutrements in the Arsenal. If any have been drawn by the order of the Governor, he shall state by whom, and the quantity.

ty, quality, &c.

§ 6. All arms and accoutrements which may be drawn from the State Arsenal under the provisions of this chapter, shall be accounted for or returned when required by the Governor.

Arms withdrawn

to be returned

when required by

Governor.

$7. When any arms or accoutrements are drawn from the Receipt to be State Arsenal, as herein provided, the Quarter-Master Gen

taken for arms,

&c., withdrawn. eral shall take the receipt of the person drawing the same,

reciting therein the quantity and quality drawn, and stipu lating that the same are to be accounted for or returned when required by the Governor; which receipt, with the order of the Governor, shall be carefully preserved in the Quarter-Master General's office.

If arms not returned, Quarter

§ 8. If the arms and accoutrements so drawn from the State Arsenal are not returned in proper order, within a Master to insti- reasonable time after required by the Governor, the Quarter

tute procedure of coercion.

Master General shall institute the proper procedure, in the name of the Commonwealth, to coerce the return of the same, or to recover their value, or the amount they may be wrongfully injured. He shall report the result of the procedure, and what part of the arms and accoutrements he has regained, and what amount he has realized for those not regained or wrongfully injured. The net amount of money recovered shall be laid out in the purchase of other arms and accoutrements, which shall be in like manner reported to the Governor.

§ 9. The Governor shall lay all the reports made to him Reports to be laid as herein directed before the General Assembly, from time

before Legislature

Acts 1867, 94. to time.

Arms taken from citizen by armed force not to be accounted for.

10. A citizen of this State shall not be held responsible for arms or munitions of war taken from him by armed force.

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