1876. No charge for pupils from this Pass by-laws, rules, &c. To meet once in each month, or oftener. scribe the course of education for the pupils in said institution, In absence of president, &c. Superintendent, what he is to re port. &c. That said Board of Visitors shall Treasurer, bond, elect a treasurer for said institution, who shall, before he enter upon the duties of his office, execute bonds with good security, to be renewed biennially, to be approved by the Governor of the State, payable to the Commonwealth of Kentucky, in the penal sum of $20,000, conditioned well and truly to discharge the duties of the office of treasurer of the "Kentucky Institution for the Blind," and pay over and account for all money, and to account for and deliver all property or evidence of debt or of value, placed in his hands or possession as treasurer of said institution, on the order of the Board of Visitors, which bond may be enforced and re treasurer is to pay. be recorded on Annual settle ment with Audit covery had on a breach thereof by motion or action at law, as in case of official bonds of sheriffs within the Commonwealth, and shall be delivered to the Auditor of Public Accounts for safe-keeping. § 4. That said institution and its control, direction, management, property, means, and officers and employees shall be, and remain at all times, subject to the control and pleasure of the General Assembly of the Commonwealth, and the Governor shall have a supervisory power and right of visita tion over the same. § 5. That the treasurer of said Institution shall only pay How and when the debts, claims, and charges against said institution, on the warrant of the president, after they have been examined, audited, and approved by said Board of Visitors, at a meeting of a majority of the members thereof, which examination and approval shall be certified by the president of said board, All claims to and countersigned by the secretary, and each claim shall be journal. noted or named on the journal of the proceedings of said board, giving the date, amount, and name of the person to whom allowed. The said treasurer shall, annually, in the month of November, settle with the Auditor of Public Accounts for the receipts and disbursements during the year preceding, and shall file with the Auditor a statement of said account and the vouchers for the same. And the Auditor shall furnish and deliver to said treasurer a written statement of such settlement, signed by the Auditor, and said treasurer shall furnish to the said Board of Visitors an annual written statement of his account immediately after settling the same with the Auditor. The statement of the Auditor shall be a sufficient voucher to the treasurer. or, and make to managers annual statement. annually, what. and § 6. That the Board of Visitors shall annually report to Board to report the Governor (for the purpose of being laid before the General Assembly) a general statement of the condition of said institution, accompanied with the statements required to be furnished to said board by the superintendent and treasurer, so that the Legislature may be informed of all matters connected with said school, and its wants, prospects, and Removal of benefits. The treasurer may be removed from office at the pleasure of a majority of the members of the Board of Visitors, and another elected to supply the vacancy; and the vacancy in the office of treasurer may be filled by said board at any time. treasurer, & how. § 7. That the Board of Visitors shall alone have the power to expel a pupil from said institution, and no officer of said institution, or employee thereof, shall be permitted to inflict corporeal punishment upon any of said pupils. § 8. That to enable said Board of Visitors to defray and pay the expenses of said institution; and provide the neces sary supplies of food, clothing, and other proper and necessary things, the annual appropriations heretofore made for said institution shall be continued to be drawn as heretofore authorized by law. § 9. That all acts or parts of acts coming within the purview of this act are repealed; and this act shall take effect from its passage. 1876. Pupil expelled, and how. Appropriation for expenses. Approved March 18, 1876. CHAPTER 868. AN ACT to confer on quarterly courts jurisdiction of misdemeanors in cer tain cases. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. When any person shall be lodged in jail, in default of bail, charged with a misdemeanor, or whether committed to jail under an indictment or by the order of an examining court, it shall be the duty of the jailer to notify the judge of the quar. terly court and the county attorney of the fact, if the court in which the prisoner is indicted, or is ordered to appear, is not in session. § 2. The judge of the quarterly court shall thereupon call upon the clerk of the court in which the prisoner stands indicted, or is ordered to appear, and said clerk shall make out and deliver to said judge a certified copy of the record in his possession, by virtue of which the prisoner was arrested and is detained. § 3. Said judge shall cause the prisoner to be brought before Trial. him at the court-house; shall inform him of the charge against him; fix a time on that or another day for the trial; issue summons for witnesses, and have a jury summoned. If the prisoner has no attorney, and is too poor to employ one, the court shall, at his request, appoint an attorney to defend him. 1876. § 4. The trial shall be conducted in all respects as if it were in the circuit court. The judge shall, as clerk, do whatever the clerk of a circuit court should do in such trial, keeping, in a book to be provided for the purpose, a correct record of all proceedings had in every case. 5. The proceedings, after judgment is rendered, shall be in all respects the same as proceedings upon a judgment rendered by the circuit court. $6. An appeal may be taken from the judgment of the Appeal lies to quarterly court to the circuit court if it for more than when fine is more twenty dollars, or for confinement in the jail or work-house lars, or imprison for more than ten days, or if, being for both fine and impris circuit court than twenty dol ment for more than ten days, or onment, either the fine is over twenty dollars or the term of both. supersede, condi tioned, &c. Defendant may imprisonment is over ten days. The defendant may supersede such judgment by executing before the judge of the quarterly court a bond, with good security, conditioned that he will appear in the circuit court, and not depart therefrom without its leave, and will perform its judgment by paying any fine that may be assessed, or by surrendering his body for confinement, or both, as the judgment may require. If any forfeiture shall be taken on said bond, the judgment thereon shall be for the fine, costs, and two dollars for every day of confinement adjudged; and, in addition, upon failure of the defendant to appear, the circuit court shall enter the judgment appealed from against the defendant which he may be required to satisfy, and for that purpose the judgment shall be issued. hey to prosecute, and his pay. pose § 7. It shall be the duty of the county attorney to prosecute County attor all cases of misdemeanor in the quarterly court; and for his services he shall have the same fee in every case that the Commonwealth's attorney would have in the case if prosecuted in the circuit court. court open, 88. The quarterly court, for the purpose of exercising the For this pur jurisdiction hereby conferred, shall be deemed always open, always except on Sundays and legal holidays. quarterly cit court all in § 9. If at the end of any term of a circuit court, or other At end of cir court having general criminal jurisdiction, there shall be dictments for to persons in jail indicted for misdemeanors, such courts shall make an order transferring such indictments to the quarterly court; and the clerk of such court shall immediately, upon its adjournment, furnish a copy of the record in such case to be sent to quar erly court. the judge of the quarterly court, who shall proceed to the trial of such persons as herein before provided. § 10. The provisions of this act shall not apply to Jefferson. county. 1876. Approved March 18, 1876. CHAPTER 878. AN ACT to repeal an act, entitled "An act to establish a criminal court in the eleventh judicial district," approved February 20th, 1874, 80 far as the same applies to the county of Henry. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That an act, entitled "An act to establish a criminal court in the eleventh judicial district," approved February 20th, 1874, be, and the same is hereby, repealed, so far as the same applies to Henry county. 2. This act shall not take effect unless a majority of the qualified voters residing in said county of Henry, who may vote at the regular August election for 1876, shall vote in favor of adopting and ratifying the first section of this act; and for the purpose of ascertaining whether or not a majority of the qualified voters resident in said county of Henry are or are not in favor of the first section of this act, it is hereby made the duty of the regular officers of the election at each voting place in Henry county, at the regular August election to be held for the year 1876, to open and cause to be opened a separate poll for the purpose of recording the votes of the legal votes under the provisions of this act. Said poll-book shall contain two columns, over one of which shall be written "For the adoption of the act repealing so much of an act establishing a criminal court in the eleventh judicial district, as applies to Henry county," and over the other column shall be written "Against the adoption of the act repealing an act, as applies to Henry county, to establish a criminal court in the eleventh judicial district." It shall be the duty of the officers of the election to propound to each person voting these words: "Do you vote for or against the act repealing an act establishing a criminal court in the eleventh judicial district, so far as the same applies to Henry county?" and Authorizes a Vote of people of Henry to say whether criminal court shall be rea pealed in said County. Flection i August, 1876. |