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before a justice, and required to give bail in the penalty of
one thousand dollars, with good surety, to keep the peace
and be of good behavior for the next six months.

§ 21. Clerks and sheriffs shall have the same fees for like Pres ofofficers for services performed under this chapter as they are allowed in this chapter. cases for opening county roads.

$ 22. No quarry shall be condemned within two hundNo quarry to be red yards of any dwelling-house, or so near to any garden,

orchard, or spring, as materially to impair the value of the dwelling-house.

Services

under

condemned within 200 yards of a

same.

Acts 1861, 42.

which the State

$ 23. The president and directors of all toll-bridge, turn

pike, gravel, and plank road companies, in which the State Dividends by the is a stockholder, shall, within the months of July and Janucompanies in has stock.

ary in each year, make or declare a dividend of the profits of such road, if any, and pay to the stockholders, when called for, the amount due them, and into the Treasury of the State the amount due to the State, within twenty days thereafter.

§ 24. If the president and directors of any toll-bridge, Penalty for fail. turnpike, gravel, or plank road company, shall fail or refuse ing to discharge duty.

to perform the duties required by this act, they shall be fined in a sum not less than one hundred dollars each, and made jointly and severally liable therefor, recoverable by indictment, for the use of the Commonwealth.

$ 25. The managers or directors of all the turnpike and Acts 1862, 75.

gravel roads in which the State is a part owner shall, at the Duty as fumang: time of passing, require the payment of the tolls, as fixed

by law, from all persons who travel thereon, unless it shall be previously agreed by the directors of such road that accounts may be kept, to be paid at the end of three months; and in no case shall there be any abatement from the regular charges; and where any such agreement be made, and the party making the same shall fail or refuse to pay the gatekeeper, it shall be his duty to stop any such person, and prevent him or his property from passing till payment is made. But no abatement shall hereafter be made from the tolls fixed by law.

§ 26. It shall be the duty of the managers of such turnFencing & other pike or gravel roads, if the same shall be encroached upon

by fencing, or otherwise obstructed, to cause the same to be Road to be kept forthwith removed; and it is hereby made their duty to keep

the same open the entire width, as required by their respect

ment of tolls.

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obstructions to be removed.

open the entire width.

ive charters, except where the same passes over an embankment or through a cut; in such cases encroachments may be permitted and remain at the discretion of the board; but the consent of such board shall be first obtained, and an agreement executed by the party covenanting to remove the same whenever required to do so, which covenant shall be entered of record on the books of such company, and a copy of which, should the original be lost, be received as testimony on any trial.

$ 27. Where any turnpike or gravel road, as aforesaid, Obstructors of shall be obstructed by fences, or otherwise, by any person sued or indicted. or persons, and who shall not remove the same when notified to do so by order of the board, it shall be the duty of such directors to cause the same to be removed without delay as now directed by law, or may proceed by suit in the circuit court, in the name of the company, to recover the ground; or they may proceed by indictment in the name of the Commonwealth for such obstruction, and shall be governed by the laws in regard to the obstruction of public roads.

the road may be

CHAPTER 111.

be deemed vagrants

VAGRANTS. § 1. If any able-bodied person be found loitering or Who shall rambling about, not having the means to maintain himself, by some visible property, or who does not betake himself to labor, or some honest calling to obtain a livelihood, or who, not possessing such means, has quit his habitation, leaving a wife or child without suitable means of subsistence, or who is idle or dissolute in habits, without visible means of support, he shall be taken and adjudged to be a vagrant, and guilty of a high misdemeanor.

§ 2. A person guilty of the offense described in the above Vagrancy, how section shall be indicted by the grand jury in any county

prosecuted. where he may be found, and if not in custody or on bail, process for his apprehension, as in criminal cases, shall be awarded, with an indorsement that he be admitted to bail, upon his executing bond in the penalty of one hundred dollars, with good surety, conditioned for his appearance at the time and place specified in the writ.

§ 3. Such persons may be apprehended by the warrant May be arrested of a justice of the peace, issued upon his own knowledge, warrant, & how or upon information upon oath, and directed to any conproceeded with.

stable, sheriff, or other officer, who shall return the same forthwith, together with the prisoner, to the officer issuing the same, or some other justice of the peace, police judge, or the judge of the county court, and summon such witnesses as either party may require. The officer to whom the return shall be made shall hear and decide upon the question of the probable guilt of the prisoner. If he shall be of opinion that there is strong probability that the prisoner is guilty, he shall commit him for further trial before the circuit court of his county, unless the accused shall enter into bond in the penalty of one hundred dollars, with good surety, for his appearance on the first day of the next succeeding term of the circuit court aforesaid, and that he will not depart therefrom without the leave of court. The justice shall state in his record the substance of the evidence given upon the trial, recognize the witnesses to appear at the circuit court as in criminal cases, and return the papers to said court in due time.

$ 4. Persons indicted for vagrancy shall be tried by a jury, Convicted — how and if found guilty, the jury shall fix the time for which he

shall be bound out to labor, or sold into servitude, not exceeding twelve months, if the convict be over twenty-one years of age; if he be a minor, the jury shall return his age also in their verdict.

$ 5. The court shall bind out the convict to labor, if over If an adult, bound twenty-one years, for the term fixed by the jury; if under infant, appren: twenty-one years of age, he shall be bound out as an ap

prentice to a master until the age of twenty-one, to learn some trade, upon the terms which may be agreed upon. The clerk shall prepare and keep the indentures, which, when signed, shall have the same effect as the indentures of apprenticeship in other cases.

$ 6. The sheriff, out of the money received, shall, under Fees & expenses the order of the court, first pay the fees and expenses of money received the prosecution, not exceeding the fees allowed in criminal

cases; the remainder he shall apply pro rata to the payment ance applied to pay his debts * of the debts, if any, of the vagrant, so far as may be neces

sary, and whatever sum may remain shall be paid over to the wife and children of defendant, if any; if none, he shall

dealt with

ticed to learn a trade.

for services of vagrant, & bal

support his family.

to return to and

ily.

in circuit clerk's

if forfeited.

pay it over to the convict at the expiration of his time, and he shall account for the amount to persons interested, as though he had collected the money under execution. If the convicted vagrant have a wife and family within the May give bond State of Kentucky, he shall have the right to enter into bond support his famin the penalty of one hundred dollars, with good surety, conditioned that he will forthwith return to his family, and immediately betake himself to some honest calling for their support, whereupon he shall be immediately discharged.

S 7. Bonds given by vagrants under the provisions of this Bond to be filed chapter shall be returned and filed with the clerk of the office, 4 enforced circuit court, and if forfeited, they may be proceeded on and the penalty collected as in other cases.

§ 8. The persons taking or buying a vagrant shall have Person buying a the same rights and powers, and be under the same respon- powers over him. sibilities, as masters of apprentices during the time for which they have been sold, hired, or bound to them, except as to education.

$ 9. All justices of the peace, police judges, judges of the Duty of county county court, sheriffs, constables, and grand jurors, are re- vagrants prosequired to see that all persons in their respective counties shall be prosecuted for a violation of the provisions of this chapter.

$ 10. The provisions of this chapter shall not be construed Vagrants in Louto change the laws now in force authorizing vagrants to be cities subiectio to tried and punished by the judgment of the city court of Louisville, or of any other city or town within this State.

vagrant – what

cuted.

isville or other

jurisdiction.

CHAPTER 112.

ures, & balances

U. S. government to

WEIGHTS AND MEASURES. § 1. The weights, measures, and balances received from Weights, meas. the Government of the United States, now in the custody furnished of the Secretary of State, shall continue in the custody of be the sandard. that officer, and shall be the standard of weights and measures in this State.

§ 2. The Governor shall cause duplicates of those weights, Duplicates there: measures, and balances to be made for such counties as may

cost paid out of

Treasury. not have the same; and upon his written certificate of the cost, the Auditor shall give a warrant on the Treasury therefor.

courts to procure

Penalty for buy

weight or measure not

$ 3. The county court of every county not furnished with Duty of county such duplicates within one year from the time this chapter and keep

takes effect, or from the time it becomes a county, may, at the

expense of the county, procure the same from the Governor, after paying the cost thereof into the State Treasury, and cause the same to be kept by some person in the county appointed, from time to time, for that purpose.

$ 4. Any person desirous of having his weights and measPrivate weights ures tested, may have the same done by the person appointbe tested & scaled ed to keep such duplicates, who, if he find them correct,

shall seal them with a seal to be provided by the county court for that purpose. For testing any steelyard, balance, or beam, he shall receive from the applicant a fee of twenty-five cents, and for testing every weight or measure, five cents. But the county court of Jefferson county shall pre scribe the duties and fix the fees of the sealer of weights and measures in that county.

$ 5. Any person who shall buy or sell by any weight, Acts 1856, 71. balance, or measure, that does not correspond to and agree ing or selling by with such duplicates, or shall keep the same for the purpose

corres of buying or selling therewith, shall be fined four dollars for ponding with

every offense, or a like sum for every month he may continue to keep the same.

$ 6. The hundred weight shall consist of one hundred What is a hund. pounds avoirdupois, and two thousand such pounds shall

constitute a ton; and all contracts hereafter made shall be

construed accordingly, unless the contrary be stipulated. Weights of differ- $ 7. The following weights shall constitute a bushel of

each article named, respectively:

Wheat, sixty pounds;
Shelled corn, fifty-six pounds;
Corn in the ear, seventy pounds;
Rye, fifty-six pounds;
Oats, shelled, thirty-two pounds;
Barley, forty-seven pounds;
Irish potatoes, sixty pounds;
Sweet potatoes, fifty-five pounds;
White beans, sixty pounds;
Castor beans, forty-five pounds;
Clover seed, sixty pounds;
Timothy seed, forty-five pounds;
Flaxseed, fifty-six pounds;

these.

red weight; what a ton.

ent articles prescribed.

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