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bly, up to this time, to be paid when the work is completed, two hundred dollars.
§ 26. To Geo. A. Robertson, for services of one negro man, one dollar per day during this session. § 27. To the four negro men who have waited upon
this General Assembly, five dollars each, to be drawn and distributed by John W. Pruett.
§ 28. That the Auditor of Public Accounts draw his warrant in favor of S. Going for an amount, in the opinion of the said Auditor, that may be reasonable compensation and expenses for firing a salute on the 22d of February, including the unfurling the flag, and procuring the music on the occasion, under the order of the General Assembly. § 29. This act shall take effect from its passage.
Approved March 2, 1863.
§ 1. That the State Librarian, and his successors in of- State Librarian fice, shall provide and furnish, for the use of the State, all furnish
tionery for State the paper necessary for the public printing ; also all the writing paper, ink, and all other stationery necessary for the use of the public offices at the seat of government of the State, and for the Legislature.
§ 2. He may advertise for proposals to furnish and sup- How to be purply the above articles, or any portion thereof, or he may purchase them at private contract, as he shall deem most advantageous to the interest of the State; and he shall re- Compensation. ceive for his services herein, four hundred dollars, payable quarterly, out of any money in the treasury not otherwise appropriated. $ 3.' This act shall take affect from and after its passage.
Approved March 2, 1863,
AN ACT concerning the Penitentiary. Be it enacted by the General Assembly of the Commonwealth of Kentucky: $1. That the Keeper of the Penitentiary shall hold his
Keeper's ters office for four years from the 1st day of March, 1863, sub- four years. ject to the liabilities, terms, and conditions, and entitled to the rights, privileges, and advantages as prescribed in this act to-wit:
use of pildi'gs,
and return in
Rent per ans nom.
1863. First. The Commissioners of the Sinking Fund shall loan
to the Keeper ten thousand dollars in raw materials, (if so rights, privileg's much be secured by the State from the outgoing Keeper,) and advantages $10,000 to be during his term of office, for which he shall pay to them, an
nually, interest at the rate of six per cent. per annum, until the principal is returned; and for ihe payment of the principal and interest shall execute bond payable on or before the termination of his term of office providing therein for the payment of the interest annually to said Commissioners, with sufficient sureties, to be approved by them.
Second. The Keeper shall have the use and control of Keeper to have the Penitentiary, and all the buildings attached thereto machinery, &e; together with all the machinery, fixtures, tools and other good order. property of the State therein, and receive and have all the
proceeds of the labor of the convicts therein, and all the profits and emoluments from the operations of the Penitentiary; and shall be bound to keep in good order all the buildings, machinery, fixtures, tools and other property, and return all the property so received by him, in as good order as when the same shall have been received by him, unavoidable accidents by fire as respects the buildings and machinery only excepted.
Third. The Keeper shall be bound to pay into the Treasury, to the credit of the Sinking Fund, at the end of the 1st and 2d years of his term of office, the sum of six thousdollars for each year, and each year thereafter during the term of his office, the sum of eight thousand dollars.
Fourth. In the event of a fire or fires occurring in the InIn case of fire, stitution, without any fault on the part of the Keeper, his wba to be done.
assistants, or guards, the General Assembly, if in session, and if not, the Commissioners of the Sinking Fund, shall cause to be erected, as soon as practicable, such other permanent and suitable buildings as they may deem best for the interest of the State; not exceeding in cost ten thousand dollars, to be paid out of any money in the Treasury to the credit of the Sinking Fund; and the Commissioners of the Sinking Fund shall make such deduction from the annual sum to be paid by the Keeper as they may deem equitable and just, for the loss of the use of the buildings; and their decision shall be subject to the ratification of the Leg. islature. The cost of erecting the necessary temporary buildings shall be borne by the Keeper, and no allowance is to be made to him therefor.
Fifth. If, during the term of office of the Keeper, the Additional ma- Commissioners of the Sinking Fund shall deem it necessaerected" & paid ry to cause additional machinery to be erected, the State
shall not, under any circumstances, be chargeable with a sum theretor exceeding ten thousand dollars; and the Keeper shall give bone, with adequate security, to be approved by the Governor, that he will return the machinery so erected in as gooil order as when erected, and will pay
the State, annually, six per cent. per annum interest on the 1863. amount expended in erecting such machinery. The State reserves to itself the right of purchasing from the Keeper of the Penitentiary, at the termination of his term of office, at a fair cash value, any machinery which he may erect at his own cost in the Penitentiary.
Si.cth. If any of the amounts herein required to be paid How judgment by the Keeper of the Penitentiary shall remain unpaid for against keeper ten days after the same shall become due and payable, it . favor of ile shall be the duty of the Commissioners of the Sinking Fundd to cause a judgment to be rendered against the Keeper and his sureties, at the next or any succeeding term of the Franklin circuit court for the amount so due and unpaid, by motion, in the manner, and with like penalties, that judg. ments are or shall be rendered againgst defaulting sheritf's or other collectors of the public money.
Seventh. The said Keeper, in addition to the payment of Keeper to pay said sums of money, shall, at his own expense, furnish the mwendes lille
penses, & save necessary guards, feed and clothe the convicts, giving them the Sate harmcoffee at least once every day ; appoint his own clerk, and pay him for his services; furnish all the necessary beds and bedding for the convicts; pay the liberation money to the convicts, all necessary physicians' bills, and all the necessary expenses in maintaining and carrying on said Institution; and save the State harınless of all expense connected with the management of the same during his term of office. Eighth. The Governor shall appoint three Inspectors of
Inspectors. the Penitentiary, one of whom shall be a practicing physician, who shall hold their offices for two years, unless sooner removed by the Governor. It shall be the duty of their duty. the Inspectors to examine into all matters connected with the government, discipline, and police of the Penitentiary, and make a report thereof every three months to the Govern or. The Penitentiary shall be visited at least once each week by two of said Inspectors, and as much oftener as shall be prescribed by the Governor or Commissioners of the Sinking Fund. Each Commissioner shall receive one hundrell dollars per annum for his services, payable out of any money in the treasury to the credit of the Sinking Fund. No Inspector of this Penitentiary shall become interested, directly or indirectly, in the profits thereof, or of its manageinent.
Ninth. The Keeper shall employ one or more reputable Physician-his physicians, at his own expense, whose duty it shall be to duly. examine, weekly, into the health and situation of each convict, and report to the Governor whether any convict is kept at work when, from disease, he is unfit for labor; whereupon it shall be the duty of the Governor to cause Duty of Gov. said convict to be changed to other work, or relieved ernor.
1863. from work, until said physician shall pronounce his
health sufficiently restored for labor. The Keeper shall give written information to the Governor of his em
ployment of a physician, and of each change of emPenalty. ployment. For failure to comply with the provisions
of this section, he shall forfeit one thousand dollars, to be recovered by suit on his bond in the Franklin circuit court, and applied by the Commissioners of the Sinking Fund to carry out this provision.
Tenth. If the Keeper of the Penitentiary fail or refuse to Keeper may be comply with the obligations imposed on him by this act, or removed
shall be guilty of any malfeasance in office, the Governor shall have full power, and it shall be his duty, to remove him forthwith.
Eleventh. In the event of the death or removal from ofTemporary fice of the Keeper of the Penitentiary, the Governor, Sec.
retary of State, and Auditor shall make a contract with a suitable person to take charge of the Penitentiary, accord. ing to the provisions of this act, until the next ensuing meeting of the General Assembly, and until a new Keeper be elected and qualified.
Twelfth. Before the Penitentiary shall be placed in the Keeper to give charge of the Keeper elect, he shall execute bond, with
sufficient sureties, to be approved by the Governor, to the Commonwealth, for his faithful performance of the duties of his office, and compliance with the provisions of this act; and it at any time before his term of service shall expire, his sureties shall be considered by the Commissioners of the Sinking Fund insufficient to secure the State from loss, he shall be compelled to give additional sufficient security.
Thirteenth. All laws relative to the Penitentiary, in conflict with the provisions of this act, are hereby repealed; and all laws not inconsistent with its provisions shall remain in full force until changed by the Legislature. Nothing herein contained shall prevent the Legislature from passing such laws as may be deemed necessary to the welfare and reformation of the convicts.
§ 2. The raw materials which may be on hand at the expiration of the Keeper's term of office, not exceeding eight thousand dollars in value, and which shall be suitable for the manufactures conducted in the Penitentiary, may be received by the State, at fair wholesale cash valuation, in payment of so much of the loan to said Keeper, and shall be delivered to the incoming Keeper at the same valuation,
in part of the ten thousand dollars directed to be loaned Valuation.
him by the first subdivision of section one. The valuation shall be made by three competent and disinterested persons, mutually selected and agreed on by the outgoing Keeper, the incoming Keeper, and the Commissioners of the Sinking Fund, who shall be duly sworn to discharge
Power reserved to pass certain
Valuation or machinery, &c.
their duties fairly and impartially, and to the best of their 1863. skill and judgment, before proceeding to make the valuation ; both the outgoing and incoming Keeper shall have a right to be present at the valuation. If the parties fail to agree, the Governor shall make the selection.
$ 3. In order to determine the condition in which the machinery, fixtures, tools, and other property may be, when received and when returned by the Keeper, a valuation of the same, at the commencement and at the termination of the Keeper's term of office, shall be made by three skillful and disinterested persons mutually selected by the outguing and the incoming Keepers and the Commissioners of the Sinking Fund, who shall be duly sworn to discharge their duties fairly and impartially, and to the best of their skill and judgment, before making the valuation. The outgoing and incoming Keeper shall be entitled to be pres. ent at the valuation.
$ 4. The clothing, beds, and bedding for the convicts and other necessary furniture of the Penitentiary, shall in &c.
clothing, beds like manner be valued at the commencement and termination of the Keeper's term of office, by appraisers appointed by the Commissioners of the Sinking Fund, and the Keeper shall be bound to leave at the termination of his office an equal value of clothing, beds, and bedding, and other necessary furniture with that he received at the cominencement of his term of office. If there is a deficiency the Keeper shall pay the deficiency in cash; if there is an excess then the Keeper may withdraw the excess, or the Commissioners of the Sinking Fund may allow him a cash credit for the value of such excess. The appraisers shall be sworn, and both Keepers shall have the right of being present, as provided in the preceding section.
§ 5. In the event of the death or removal from office of the Keeper, valuations shall be made of all the articles of moi l or keeper property named in the three preceding sections, by appraisers appointed by the Commissioners of the Sinking Fund, who shall be sworn as provided in said sections, before making said valuations ; the valuations prescribed in this and the preceding sections shall be written out, and the articles so enumerated or described as to be identified, subscribed by the appraisers, and filed with the Commissioners of the Sinking Fund, and by them preserved. $ 6. The Keeper shall employ, at his expense, a minis- Ministers of the
Gospelto ter of the Gospel, whose duty it shall be to give to the con- ployed. . victs s..ch religious and mental instruction as said minister may think necessary and beneficial to the convicts.
Approved March 2, 1863, 46
Valuation on death or