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. May be sold by court of claims, and proceeds re invested. 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. & § 7. Commissioners and receivers shall each hold their Office of receiver offices during the pleasure of the court. § 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. § 9. The person appointed to receive and disburse the poor-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 commissioner held at pleasure of court. Beggars and va grants to be sent to poor-house. Receiver to report annually. Court or county judge may order house, and profor poor. person to poor vide 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 poor house may be prescribed by the County court. Duty of county court to provide for the support of paupers. 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. dens to be appointed by county court for cities and towns. CHAPTER 87. 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, Kentucky, or other river improved by slack-water, may appoint 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. 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. condition of ves cargo. § 3. Upon the application in writing of any person inDuty to examine terested, it shall be the duty of a port-warden to examine sels, &c., and the condition of any vessel, boat, or craft of this State; also 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. ination. § 4. Before making such examination, if it be on the Notice of exam 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. A statement in § 5. After making the examination, and hearing such made by him. proof as either side may produce, he shall make out and writing to be 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 portwarden may be § 7. Either party may demand the assistance of another port-warden in making the examination and statement; and called in to assist. 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. 217. Arms to be kept at State Arsenal. § 1. The public arms and accoutrements of the Common- 2 R. S., wealth shall be kept at the seat of government, in the State 'Arsenal, by the Quarter-Master General. § 2. Such arms and accoutrements shall be cleansed from 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. To be kept in good order. § 3. The Auditor shall report to each session of the Gen- Sums expended eral Assembly the sums expended under this chapter. § 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. for to be reported by Auditor. Not to be drawn by order of Gov from arsenal but ernor. to report quanti 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, when required by shall be accounted for or returned when required by the Arms withdrawn to be returned Governor. taken for arms, Governor. $7. When any arms or accoutrements are drawn from the Receipt to be State Arsenal, as herein provided, the Quarter-Master Gen&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 tute procedure of coercion. § 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 QuarterMaster 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 1857, 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. CHAPTER 89. PUBLIC BUILDINGS, STATE AND COUNTY. Superintendent of-Expenditure for repairs--County building-Duty of county court and jailer-Preservation of and injuries to-Penal remedies for injuries to-Colleges and churches. Superintendent of. superintendent. § 1. The Librarian shall be superintendent of the public Librarian to be property of the Commonwealth at the seat of government. He shall have under his care the Capitol and all other public property not placed in the charge of others, and shall protect the same, as far as practicable, from depredation and injury. He shall attend to, air, clean, and keep from injury His duties. the various rooms, and the carpeting and furniture, in the Capitol. He shall keep the public square around the Capitol clean and in good order. He shall not permit, during the recess of the General Assembly, the Senate chamber or the chamber of the House of Representatives to be used. Expenditures for Repairs, &c. Must purchase re and lights to pub make contracts lic offices; must for. § 2. The Librarian shall purchase, under the orders of the Governor, from time to time, such furniture as may be required in the Capitol, State court-rooms, and public offices, and Governor's house. He shall, under like orders, cause any of the public buildings, and the fences around the same, to be repaired. He shall also contract for and have supplied all the fuel and lights required for the use of the General Assembly, Governor and Secretary's offices, the office of the Auditor, Treasurer, Register, Librarian, Adjutant General, Quarter-Master General, Superintendent of Public Instruction, court-rooms, and also for all fuel, lights, water, and ice for the Governor's house. But no expenditure Mycrs' Sup., 574shall be approved by the Governor, or money paid from the Treasury for the same, unless in compliance with a contract, in writing, first made by the Librarian and approved by the Governor. Upon a statement of the expenditures containing the items, approved and countersigned by the Governor, the Auditor of Public Accounts shall issue his warrant on the Treasury for the amount thereof. |