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from abroad into this State to abide must vaccinate

and families.

born hereafter, shall have said child vaccinated within twelve months after its birth or after it comes under his or her care, custody, or control.

§ 3. All persons coming into this State to abide or be- Persons coming come citizens, who have not been vaccinated, or who may have children under their care or control that have not been themselves vaccinated, shall procure the vaccination of themselves and said children within six months after coming into the State.

$ 4. It shall be the duty of the justice of the peace in Practicing ply: each district to give some practicing physician written au- civil district to be thority to vaccinate all persons in the district who are un- cinate the poor; able to procure vaccination; and said physician shall furnish be paid by county to one of the justices giving him said authority a true list, under oath, of the persons vaccinated by him, with his charges, which shall be fifty cents for each successful vaccination, and twenty-five cents for each mile necessarily traveled in going from and to his home to perform said vaccination. And the justice shall report the same to the court of claims for his county, and said court shall order said charges to be paid out of the county levy.

$ 5. The city council of every city, and the board of trus- Vaccination to be tees of every town in the State, are invested with full power and cities. and authority, and are required, to make such ordinances, rules and regulations, with fines and penalties attached, as will secure the vaccination of all the inhabitants of said cities and towns, and provide the necessary means to pay for the vaccination of all paupers and destitute persons in same.

$ 6. The superintendents of the charitable institutions of In the penitenthe State shall have all the inmates of said institutions vac- table institutions. cinated. The keeper of the penitentiary shall have all the convicts in same vaccinated.

$ 7. All vaccinations performed under this article shall be Pure with pure

vaccine matter. § 8. Each of the persons mentioned in the first and third Penalties. sections of this article, and each of the parents, guardians, and persons mentioned in the second section, for every failure or refusal to comply with the requirements imposed on them by the respective sections, shall be fined not less than five nor more than twenty dollars for each failure or refusal. Each justice of the peace, member of a city council or of a board of trustees of a town, and every physician, superin

secured in towns

tiary è all chari.

vaccine matter to be used

tendent of a charitable institution, and keeper of the penitentiary, for every failure or refusal to perform the duties required of him by this article, shall be fined not less than twenty nor more than fifty dollars.

$ 9. All fines imposed by this article to be recoverable in Recoveries to be any court having competent jurisdiction. The fines imposed vaccination of the by this chapter shall, when collected, be paid to the county

court clerk, to be applied by order of the county court to the payment of the cost of vaccinating the poor of the county; and the clerk and his sureties shall be responsible for the same on his official bond.

poor.

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ARTICLE III.
Concerning the Spread of Small-pox.

§ 1. Every person superintending a hospital or other place Patients in hos- where a patient having the small-pox is confined, shall prostrained of inter. hibit all intercourse therewith of persons not having had the discharged until disease, and shall, before discharging a patient, or suffering thoroughly. him to be removed, take due care that his person is tho

roughly cleansed, and his clothes such as have not been infected with the disease, under the penalty of ten dollars.

§ 2. If any person who has never had the small-pox shall going go into a house where the disease is, or associate with a prevaiis to be sent person who is afflicted therewith, any justice of the peace, renain until dis- on due proof of the fact, may cause such person to be con. charged by phy

veyed to some house or place in the county where the disease will not spread, there to remain until he shall have gone through the disease, or until a physician shall certify that he will not take the same. If such person be not able to pay the expense of his nursing, the county shall pay the same.

$ 3. If any person shall willfully endeavor to spread or Penalty for will. propagate the small-pox, he shall be subject to be indicted spread small-pox and fined the sum of five hundred dollars, or to be impris

oned for six months.

$ 4. Any person who, having reason at the time to believe

himself afflicted with the disease of small-pox, shall volunsmall-pox going tarily go upon any public highway or street, or to any place coach or steam- at which people are accustomed to collect or assemble, or

who shall enter or go on board any steamboat, railroad car, or other public conveyance, and all persons who shall know

Penalty for person diseased of

boat, &c.

ingly aid or assist any one thus to offend, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred nor more than one thousand dollars.

CHAPTER 103.

up stray cattle,

ty vests in taker.

STRAYS.
By whom Strays may he taken up—The mode and manner of taking up.

$ 1. Stray cattle may be taken up and posted by any free- Who may take holder by legal or equitable title, by a tenant of an unexpired lease for not less than three years, or a keeper of a toll-gate, when found on their respective places of residence. § 2. Stray horses, mules, jacks, or jennets may be posted When strays may

be posted. at any time. Other stray cattle shall not be taken up or posted between the first day of April and the first day of November, unless taken within the inclosure of the taker-up, having broken into the same.

$ 3. The absolute property in a stray horse, mule, jack, or Absolute proper. jennet, shall be vested in the taker-up at the expiration of up, when. two years after the justice shall have received the evidence of the valuation and administered the oath to the taker-up. The like right in other stray cattle shall be vested in the taker-up after the expiration of twelve months from the day the same shall have been posted. § 4. The taker-up of any stray cattle shall be bound to Value of stray to

be paid owner, pay to the owner the valuation of the same, if the stray be when. a horse, jack, jennet, or mule, upon due and legal proof of his right to the same, at any time within three years from the day the right of property in the stray shall have been vested in the taker-up. The valuation of all other stray cattle to be paid in like manner, upon proof of ownership, at any time within one year after the right of property is vested in the taker-up. If the stray shall die or escape from Death of stray. the possession of the taker-up before the owner shall have claimed the same, he shall not be bound to pay the valuation or account for the stray. The proof of such death or escape shall rest upon the taker-up.

§ 5. If the taker-up of any cattle shall, either before or Penalty for alterafter the same be posted, alter the marks or brands of the brands of a stray same, or shall trade, sell, or remove the same out of the State, kill or destroy the same, if the stray be a horse, mule,

jack, or jennet, within two years after the same has been
posted, if of other cattle, within twelve months after the
day the same was posted, he shall, upon conviction, be fined
fifty dollars for each offense.

$ 6. Strays shall be taken up and posted in the following

Mode of taking up and posting

manner:

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1. If a horse, mule, jack, or jennet over two years old, be Duty of justice. taken up, the same shall be taken before a justice of the

peace of the district, whose duty it shall be to administer
to the taker-up an oath, in substance, that said animal was
taken up by him as a stray on his premises or place of resi-
dence within the ten days next preceding; that he has not
changed, defaced, or altered the marks or brands of the ani-
mal. The justice shall then value the stray himself, shall
take a correct description of the flesh-marks, age, and brands
of the same, all of which, together with the name and resi-
dence of the taker-up, he shall record in a book to be kept
by him for that purpose, and give to the taker-up a copy of
the same, and also deliver to the clerk of the county court
a certified copy of the same record within thirty days, for
the whole of which service he shall be paid by the taker-up
fifty cents.

2. The clerk shall immediately record the stray note or Duty of clerk. certificate aforesaid of the justice in a book to be kept by

him for that purpose, and he shall cause a true copy of the
same to be posted at the door of the court-house at the next
two succeeding court days of his county. His fee for the
whole of which service shall be seventy-five cents, to be
paid by the taker-up.

3. The taker-up shall, within one month after he has
posted the stray, cause to be published for one month, or
by four weekly insertions, a copy of the justice's certificate
in a newspaper, if one be published in the county.

4. If the stray be under two years old, the justice shall, Description and in addition to the oath hereinbefore required, take, on the valuation.

oath of said taker-up, a description of the stray, and also
the oath of some honest housekeeper of the value of the
same, and proceed as hereinbefore directed when the stray
is over two years old.

5. If the stray be of other cattle, the like oath shall be Oath and valua- administered by the justice to the taker-up, and the stray

shall be valued and described by a housekeeper upon his

Publication.

tion.

oath, and the justice and clerk shall proceed as required in the previous subsections in reference to stray horses. 6. The taker-up shall be paid by the owner of the stray, Owner en pay fees

and expenses. if and when he claims the same or its value, the fees paid the justice and clerk, and the costs of advertising, and also a reasonable sum for keeping the stray, where the same has not been used, and likewise a fee of one dollar for each horse, mule, jack, or jennet, and one shilling for any other stray posted.

$ 7. If any person shall violate the provisions of this Penalty. chapter, or fail or refuse to comply with its provisions, he shall forfeit and pay ten dollars for each offense. An Act to regulate the taking up of property found adrift upon certain rivers in this Commonwealth.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereaster the taker-up of boats, fleets of timber, rafts, platforms, and loose logs found afloat on the Ohio river, Big and little Sandy rivers, shall be entitled to charge the following prices: for each fleet of timber, twenty dollars; for each raft of not less than forty logs, five dollars; for each platform of not less than ten logs, one dollar; for each loose log, twenty-five cents. The taker-up shall have a lien upon the property taken up by him for his charges, and may, after having advertised the time and place of sale in two places in the county where the property is, by written or printed notice for ten days, giving description of the property and any marks thereon, cause the same to be sold by a constable or other officer, for cash in hand, to pay said charges; and also a reasonable compensation, not exceeding two dollars per day, for caring for each fleet of timber; for each raft per day, fifty cents, and for each loose log, five cents per day; and the title of the property so sold shall vest absolutely in the purchaser at said sale.

. 2. It shall be the duty of the constable, or other officer making the sale, to pay to the taker-up his legal charges after deducting his commission, which shall be the same as though he had sold the same under execution; and if there be an excess of sale money above said charges and fees, he shall pay said residue, after deducting his fees, to the clerk of the county court, and take his receipt therefor. For a failure to perform his duties under this act, the constable or other officer shall be liable upon his official bond. If the owner do, within one year from the sale, appear and establish his claim, to the satisfaction of the court, the money deposited with said clerk shall be paid to the owner; otherwise it shall be paid into the common school sund of the Commonwealth.

% 3. If any taker-up of any such property as described in this act shall secrete the same, or knowingly állow said property taken up by him to get aground, he shall not be allowed to collect or receive any compensation for taking up or caring for the same.

& 4. If any taker-up shall conceal, change, obliterate, or make any new mark upon the thing taken up, or shall remove the property from the main river upon which the property was taken, with a view to prevent any owner thereof from finding the same, he shall, for each offense, be fined not less than fifty nor more than two hundred dollars, recoverable before any justice of the peace, police judge. or other court having jurisdiction, or imprisoned in the county jail for a period of not less than five nor more than thirty days, or both, in the discretion of the jury.

? 5. All laws in conflict with the provisions of this act are hereby repealed. § 6. This act shall take effect from its passage.

Approved March 22, 1873.

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