and the report of said commissioners, shall be returned to the county courts of each county, through which the said road shall run, to be by them established: And said courts shall appoint surveyors, and allot hands to keep said road in repair, after it has been established and opened as aforesaid. Com'rs to noti SEC. 3. And be it further enacted, That it shall fy proprietors. be the duty of the commissioners aforesaid, ten days previous to the court at which it is intended the said road shall be established, to notify the proprietors, or their agents, through whose waste land the said road is proposed to be established, (if to be found within the county) to shew cause why such road should not be opened. CHAP. CCLV. AN ACT to regulate the Penitentiary. APPROVED, February 7, 1815. Agent's office abolished. Agent and SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of any law as creates the office of the agent of the penitentiary, shall be, and the same is hereby repealed. SEC. 2. Be it further enacted, That it shall be the duty of the agent of the penitentiary, within ten keeper to make days after the passage of this act, together with the out invoices, &c. keeper thereof, to make a fair invoice of all the manufactured articles, and raw materials on hand, and a list of all the notes and accounts due the institution, shewing when the debt became due, the amount thereof, and by whom owing; and whether by note, bill or open account; and shall deliver the whole over into the hands of the keeper, taking from him receipts on duplicate invoices, and statements above required-One shall be retained by the keep- Keeper to re er, and recorded in a book, to be by him kept for cord invoices. that purpose the other shall be delivered to the auditor of public accounts, and by him charged to ceive invoices & the keeper, in an account to be opened in his books for that purpose: And the agent shall also deliver Auditor to re keep accounts. Duty of the in manufactured articles. to the keeper, a correct statement of debts due from the institution SEC. 3. Be it further enacted, That it shall be keeper respect the duty of the keeper to invoice and record in the said book, at the end of every month, the articles manufactured in said institution during that month, and to transmit to the auditor, a copy of each and every such invoice, signed by himself: the amount of which the auditor shall likewise charge to said keeper. That it shall be the duty of said keeper, at the end of every three months, counting from the first of December in each year, to make out and deliver to the auditor, a particular and detailed account of monies laid out, or paid away, on account either of debts due from the institution, or for necessaries furnished the convicts, and other charges incident to the institution, or for raw materials for the operations of the convicts; and shall also include in said account, all the monies received by him, either for debts due the institution, or for sales made of manufactured articles, within the said three months, together with an amount of the whole sales during that time: And the auditor shall keep in his books, a regular account of the same. Further duty making invoices of the keeper in and sohedule. Suits to be maintained. SEC. 4. Be it further enacted, That it shall be the duty of the keeper, on the first day of December, annually, to invoice the manufactured articles on hand, and make out a schedule of the debts due to, and from the institution, and to transmit a copy thereof to the auditor: And it shall also be his duty to lay before the legislature, in the first week of each annual session, a statement of the situation of the institution. SEC. 5. Be it further enacted, That the keeper shall have authority to coerce and collect all debts and demands due the institution, and to pay and discharge all debts due from it: and shall have the same power and authority to make contracts for the institution, that the agent thereof possessed. SEC. 6. Be it further enacted. That all suits brought, and how brought, or which may be brought, on notes hereto fore given to the agent of the penitentiary, shall be maintained in his name, for the benefit of the institution : Those which may hereafter be commenced on open accounts already contracted, shall be brought in the name of the commonwealth of Kentucky, for the use of the penitentiary. All notes hereafter executed, shall be given to the commonwealth of Kentucky for the use of the penitentiary; and all suits brought, whether on notes, bonds, contracts or upon open accounts hereafter contracted, shall be brought, prosecuted and maintained in the name of the said commonwealth for the use of the penitentiary. Suite to be f name of the com monwealth. cuit courts con tion Process may be SEC. 7. Be it further enacted, That the circuit court of Franklin county and general court, shall General and cir have and hold concurrent jurisdiction of all suits rent jurisdie or actions hereafter to be brought on behalf of said penitentiary, when the matter of controversy shall exceed twenty dollars; and all process may issue from said courts, and the clerks' offices thereof, for the commencement and prosecution of such demands as are now by law allowed in other cases cognizable in said court; which process may be directed to, executed by sherand executed by the sheriff of any county in this iff or sergeant, commonwealth where any defendant or defendants may reside, or they may be directed to, and executed by the sergeant of the court of appeals, at the discretion of the keeper: and all suits or actions which may be brought in said court, either in the name of the agent or of the commonwealth for the Suits to be placed use of said institution, shall be placed by the clerk with the third first on the docket, on the third day's business of said court. day's business. SEC. 8. Be it further enacted, That the keeper shall be allowed out of the funds of said institution, Salary of keeper, the sum of three hundred and seventy-five dollars annually, for the purpose of employing a competent clerk to keep the books of the institution, and to assist him in the collection of the debts and other business of said institution. SEC. 9. Be it further enacted, That the keeper Keeper to sell shall, within convenient time, advertise for twenty old iron. days in the paper of the public printer, and sell at auction upon a credit of three, six or nine months, as may seem best, the parcel of Bar Iron lying on hand at the penitentiary, and which is unfit for its manufactories. Y cent. SEC. 10. That the keeper shall hereafter receive the Keeper's per ten per centum allowed by law on the profit of the manufactured articles, when the same are sold and the money collected and accounted for, after deducting the price of the raw material, instead of receiving the same when they are manufactured. Commissioners te agents acc'ts. SEC. 11. Be it further enacted, That John Brown, appointed to set- Richard Taylor and Thomas W. Hawkins, shall be, and they are hereby appointed commissioners, any two of whom may act, to settle the accounts of the several agents of the penitentiary: That for that purpose they may give the agent whose accounts they intend investigating, twenty days notice to attend at the penitentiary: and the keeper shall permit the said commissioners, during such investigation, to have free access to the books and papers of the institution: And the said commissioners shall be Allowance to allowed two dollars per day each for their services; and shall report to the next legislature the result of the investigation. The said commissioners shall make a statement of the number of days they shall have been employed under this act, supported by their affidavit; and the auditor of public accounts shall issue thereon a warrant in their favor, payable at the treasury. Provided, that the keeper shall to keeper's per only be allowed ten per cent. on the money collected from the articles manufactured since the first day of December, one thousand eight hundred and fourteen, agreeably to the provisions contained in the ninth section of this act. Commissioners. Proviso relative cent This act shall commence and be in force from and after ten days from the passage thereof. CHAP. CCLVI. AN ACT to provide for the further publication of the APPROVED, February 8, 1815. SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the governor Governor to to nominate re shall nominate, and by and with the advice and con- Duty of re SEC. 2. Be it further enacted, That it shall be the duty of the said reporter, to publish the decisions of porter. the said court, in volumes of about six hundred octavo pages each, to be printed in a good type, on good paper, with a complete alphabetical table of cases, and an index of principal matters, well bound in law binding and lettered, commmencing with the fall term, one thousand eight hundred and eight; and progressing regularly with the decisions given since that time, omitting the arguments of counsel in all cases. At least 250 livered in the se pensation. SEC. 3. Be it further enacted, That the said reporter shall, at least annually, finish and deliver copies to be detwo hundred and fifty copies of one volume of the cretary's office. said decisions, for the use of this commonwealth, into the secretary's office; and shall receive as a Reporter's com compensation for the same, at the rate of five dollars for every 600 pages of printing contained thereintables and indexes being taken into the calculation : And when the said reporter shall deliver in the office of the secretary of state, the copies aforesaid, if the said secretary, upon examination, shall find that to certify to the the work is well done, he shall certify the receipt thereof, and the amount due to the said reporter, at the above mentioned rate, to the auditor of public accounts; who shall, if approved by the governor, issue a warrant thereon,in favor of the said reporter; which shall be paid out of the public treasury:And Copy right. the said reporter shall moreover be entitled to the copy right of said reports. Sec'ry of state auditor. Allowance sub court. SEC. 4. And be it further enacted, That the price ject to a deducin this act allowed for the said two hundred and tion before gen. fifty copies for the use of this commonwealth, shall, upon motion made in the general court, by the attorney general, be subject to such reduction as the said court may adjudge, if the work shall not be as well executed as is intended by this act, the said reporter having ten days previous notice of such motion. |