ditional security.

victs herein specified to a contractor or contractors by private contract, and such contract, when made, shall be consummated in all respects, and shall contain the same stipulations and provisions as is required in this section for a contractor who hires said convicts by public bid. Any contractor who hires said convicts and executes the bond required, shall have the authority to use any number of convicts under his control, not exceeding twenty-five, in raising vegetables and other productions for the use of the convicts, and may also use such convicts as may be necessary in transporting his supplies and manufactured articles and raw material to and from the Prison. Whenever the bond of any contractor shall be May require addeemed insufficient by said Commissioners, they shall require such additional security as may be necessary to make the bond to the State amply good and sufficient. The Commissioners shall have power to furnish for the use of the prisoners such reading matter of a religious, literary, and scientific character as in their judgment will tend to develop the moral and business character of the prisoners, and for which purposes one hundred dollars per annum is hereby appropriated out of any money in the Treasury not otherwise appropriated. § 14. But in the event that the Commissioners fail to hire May hire a par the said convict labor, as provided in the last foregoing section, then they may, in their discretion, hire a part of the labor of said convicts, and lease one or more of the shops and machinery in the Prison to a contractor or contractors, who shall give bond, with approved security, for the contract. price. In case of such hiring, said Commissioners shall only hire the labor of the convicts, without requiring the contractor to furnish clothing, food, or medicine necessary for the use of said convicts; but the same shall be furnished by the Warden, as required in this act. The bond required of such contractor shall be similar to the one required in the last preceding section, so far as the same is applicable.

§ 15. For every breach of any of the conditions of the bond or contract executed by any contrator, suit may be instituted thereon against such contractor or contractors and their sureties, in the name of the Commonwealth, in the Franklin circuit court.

§ 16. That all prisoners hired under contract, as herein provided, shall remain under prison police and government; and persons who are not convicts shall not associate with the

of the convicts.

Suit may be instiin Franklin cir

tuted on the bond

cuit court.

Convicts hired to

remain under

prison police and

government.

ate the prison, when, &c.

prisoners so hired, or any of the prisoners, except the contractor or his agent, and such foremen and skilled mechanics as shall be necessary to conduct the business successfully, all of whom, however, shall be required to observe the rules of the Prison, and may be expelled for a failure to do so.

17. In the event of failure, after faithful effort, to hire State may oper- the labor of the convicts, as herein required, and it becomes necessary for the Warden to carry on the business of the Prison, as contemplated in section five of this act, then the said Commissioners shall furnish the Warden with such amount of money out of the State Treasury, from time to time, as may be needed to place the institution on proper footing for successful operation, not exceeding $25,000 during his term of office, and shall also turn over to him such raw material and manufactured articles as they may receive from the representatives of the late Keeper. The business of the institution shall be conducted as near as possible on the cash system, and no account of work done or articles sold shall be permitted to run longer than four months. Actions or suits for the recovery of money upon any debt, demand, or claim for work done by labor of the convicts, or for manufactures or for articles sold, or upon any contract made with the Warden, shall be brought and prosecuted in the name of the Commonwealth of Kentucky, in the Franklin circuit court; and the affidavit of the clerk of the Penitentiary certifying that such debt, claim, or demand is just and correct, shall be prima facie evidence that the same is justly due and owing, and the onus shall devolve upon the defendant or contesting party to prove the contrary.

sioners unable to

hire the surplus contractor to fur

labor outside,

18. If, at any time, the entire labor of the Prison is unWhen Commis der contract, as herein provided, and the Commissioners are unable to hire the surplus labor outside of the walls of the Prison, as provided by law, and such labor must be kept in the Prison, the contractor shall furnish food for such convicts at an agreed price, not to exceed 25 cents per day, per capita, for all over 650, or may work a part of all such labor for their food.

nish, &c.

§ 19. Any contractor for the labor inside the walls of the Contractor may Penitentiary may, with the advice and consent of the Commissioners, erect, at his own expense, such additional buildings, and introduce such machinery in the Prison as may be

erect buildings, &c., when

necessary to conduct any business or manufacture inside the Prison: Provided, Such buildings so erected shall not be of such a character as to be unsafe, and such business shall not be destructive of the health of the convicts; and on the termination of his contract, such contractor shall have the right to remove such buildings and machinery.

to take an oath.

present.

rules, &c.

§ 20. Before entering upon the discharge of their duties Commissioners under this act, the said Commissioners shall take an oath to faithfully and impartially discharge the same to the extent of their ability. When any duty is required of them in this When all to be act, it shall be competent for a majority of them to act, if all cannot be present and participate, except as to the appointment of the officials, and in the advertisement for acceptance of bids, and making contracts and taking bond from the contractors for the labor of the convicts. As to these matters, Their duties. all of said Commissioners must participate, unless prevented by unavoidable casualty. It shall be their duty to formulate To formulate and prescribe, for the use of the Prison, all needful rules, regulations, and by-laws for the government and discipline of the Prison, the rules for the government and conduct of the Warden, Deputy Warden, and all the officials connected with the Prison; also for the government of the prisoners in their deportment and conduct; also for the government of the contractor or contractors in the manner and to the extent to which they shall furnish clothing for the convicts; and shall prescribe the character of the food and diet of the prisoners. They shall also prescribe all needful rules for the preservation of the health of the convicts, for the daily cleansing of the Prison, for the cleanliness of the persons of the convicts, and for the general sanitary government of the Prison and the prisoners in all particulars, the character of the labor, and the length of time during which the convicts shall be daily employed. It shall be the duty of at least one of their num- to visit prisber to visit the Prison once a week, and to visit it at least once a month in a body, for the purpose of examining the condition of the Prison, the management and condition of the convicts, and whether or not the rules are being obeyed and enforced. They shall hold stated monthly meetings, and sach called meetings as may be necessary, and shall keep, in a book kept for that purpose, a full record of their proceedings. They shall cause the rules and regulations prescribed

on

and

ice a week, in a body

once a month.

Rules to be print ed and posted, &c.

Salaries.

by them, together with the law allowing commutation of time to prisoners for good conduct, to be printed and posted in conspicuous places within the cell-houses and in the workshops. It shall also be the duty to repair the Prison, if at any time the same should be so seriously out of repair as to render delay imminently dangerous. They shall cause the convicts to be classified, so that the old and hardened criminals shall not be thrown with the youthful criminals, so far as the same can be done without in any way interfering with the free use of all the convicts that may be hired to any contractor or con

tractors.

21. The said Commissioners shall each be allowed a salary of two hundred dollars per annum, to be paid out of the State Treasury, and paid as other salaries of State officials are now required to be paid by law. The salaries of the Warden, Deputy Warden, Physician, Chaplain, and the wages of the assistants, shall be paid monthly out of the State Treasury, and the Auditor of Public Accounts shall draw his warrant upon the Treasury therefor, in favor of each of said officials, upon the written order of the Chairman of the Sinking Fund Commissioners, and they shall, respectively, receive the following salaries, to-wit: The Warden, two thousand dollars per annum; the Deputy Warden, twelve hundred dollars per annum; the Physician, twelve hundred dollars per annum; the Clerk, twelve hundred dollars per annum; the Chaplin, six hundred dollars per annum; the four chief guards or assista, fifty dollars each per month, and to the other guards No official to be or assistants, forty dollars each per month. No official connected with the Peitentiary shall be directly or indirectly connected or concerned with any contract for furnishing the Warden or any contractor any materials for manufacture or use in the Prisor, or any supplies or produce to be used in the Penitentiary or by the convicts, in any way whatsoever; and they shall not be interested, in a financial way, with any business carried on by convict labor.

interested in any

contract.

to make settle

ment.

§ 22. The Warden and Clerk of the Penitentiary shall, once Warden & clerk in every year, and oftener if so required by the Commissioners, at such time as the Commissioners may appoint, make a full general settlement of their accounts, vouchers, and books with said Commissioners, who shall annually report said settlement, together with all other matters pertaining to said

Penitentiary and management of same, to the Governor, which report shall be laid before the next General Assembly. § 23. All acts and parts of acts in conflict with this act are hereby repealed, and it shall take effect and be in force from and after its passage.

Approved May 3, 1880.

CHAPTER 1378.

AN ACT to provide for the relief of the Penitentiary.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

$1. A Commission is hereby created, to be composed of Commi-sion be appointed. three persons, to be appointed by the Governor, with the advice and consent of the Senate, to be styled the Branch Penitentiary Commissioners, who shall hold their term of office from the time of their appointment and confirmation until thirty days after the meeting of the next regular session of the General Assembly, whose duty it shall be to select a site, receive plans and specifications for the location and erection of a Branch Penitentiary, including walls, cells, cell-houses, workshops, and such other necessary buildings and machinery as may be required for the operation of the same.

to

§ 2. Said Commissioners appointed and notified thereof To take an oath. shall, if they accept said appointment within twenty days. thereafter, take an oath faithfully to perform the duties assigned them; and in case there should be a vacancy in said Board of Commissioners by death, resignation, failure to qualify, removal from the State, or otherwise, the Governor shall have power to fill said vacancy.

ed-how.

§ 3. In the selection of said site said Commissioners shall Site to be selectbe governed by the accessibility by railroad or water navigation, by the healthfulness of the location, and the convenience of stone or other material to be used in the construction of said Branch Penitentiary.

4. It shall be the duty of said Commissioners to examine into the construction, equipment, government, and discipline of Prisons in other States, not exceeding five, east of the Mississippi river, for the purpose of adopting the best and most practicable plan. It shall also be their duty to make a detailed report, in writing, of their acts and doings to the

To examine other prisons and report and ommend system for the govern

ment of, &c.