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and nineteen of this act. And the Commissioners shall declare how much of the wages of said convicts so hired shall be paid to each of said convicts, not to exceed one fourth of the net proceeds of their hire, to be paid upon the final discharge. of said convicts.

§ 21. In the event any of said convicts are hired to aid United States Government, or any contractor therewith, as above set forth, said Government or said contractor shall only be entitled to the use and labor of the convicts hired, subject to the contract made with said Commissioners; and said inspecter shall be responsible for the guarding, safe-keeping, clothing, food, and medicine.

$22. Nothing in sections sixteen, seventeen, eighteen, nineteen, twenty, and twenty-one of this act shall be construed in anywise to modify or affect the balance of this act, nor shall they be in any wise construed as abridging or limiting the power of said Commissioners to hire said convicts to any person whatever, as provided in section six of this act.

§ 23. All acts and parts of acts in conflict with this act are hereby repealed.

§ 24. This act shall take effect and be in force from and after its passage.

Approved May 3, 1880.

Responsible for guarding, &c.

CHAPTER 1382.

AN ACT to amend an act, entitled "An act to provide for liens for laboring men and supply men," approved March 20, 1876.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

1876, repealed in

§ 1. That so much of an act, entitled "An act to provide Act of March 20, for liens for laboring men and supply men," approved March pait. 20, 1876, as allowed a prior lien to such persons as have furnished materials or supplies to any rolling-mill, foundry, or other manufacturing establishment, for the payment of such claim, be, and the same is hereby, repealed.

men amended.

§2. That said original act be so amended as to allow a lien Liens of laboring to all laboring men employed in rolling-mills, foundries, or other manufacturing establishments, for wages due within sixty days before any assignment, for any purpose, as specified in the original act.

§3. This act shall take effect from and after its passage; and all acts or parts of acts in conflict herewith are hereby repealed.

Approved May 4, 1880.

Fee

for taking

up boats, rafts,

on certain rivers

rgilated.

ble.

CHAPTER 1384.

AN ACT to regulate the taking up of property found adrift upon certain rivers in this Commonwealth.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That hereafter the taker-up of boats, fleets of timber. rafts, platforms, and loose logs found afloat on the Ohio river, Kentucky river, Licking, and Little Sandy rivers, shall be entitled to charge the following prices: For each fleet of timher, ten dollars; for each raft of not less than forty logs, four dollars; for each platform of not less than ten logs, one dollar; for each loose log, ten cents. The taker up shall have a lien upon the property taken up by him for his charges, and may, after having advertised the time and place of sale at the door of the court-house, and two other public places in the county where the property is, by written or printed notice for ten days, giving description of the property and any marks thereon, cause the same to be sold by a constable or other officer, for cash in hand, to pay said charges, and also a reasonable compensation, not exceeding two dollars per day, for caring for each fleet of timber; for each raft, fifty cents, and for each loose log, five cents per day for the first three days he holds the same, and two and one half cents per day for each succeeding day thereafter; and the title of the property so sold shall absolutely vest in the purchaser at said sale.

§ 2 It shall be the duty of the constable, or other officer Duty of consta- making the sale, to pay to the taker-up his legal charges as provided for in this act, after deducting his commision, which shall be the same as though he had sold the same under execution; and if there be an excess of sale money above said charges and fees, he shall pay said residue, after deducting his fees, to the clerk of the county court, and take his receipt Penalty for fail- therefor. For a failure to perform the duties required by

ure, &c.

this act, the constable or other officer shall be liable upon his official bond. If the owner do, within one year from the sale, appear and establish his claim to the satisfaction of the court,

the money deposited with said clerk shall be paid to the owner; otherwise, it shall be paid into the common school fund of this Commonwealth.

&c., to forfeit fee.

3. If any taker up of any such property as described in For secreting, this act shall secrete, or allow said property taken up by him to get aground, he shall not be allowed to collect or receive any compensation for taking up or caring for the same.

literating brand,

&c.

§ 4. If any taker-up shall conceal, change, or obliterate any Penalty for obmark or brand, or make any new mark upon the thing taken, or shall saw up, split up, destroy, or appropriate for his own use, or shall remove the property from the main river on which the property was taken up with the intent to prevent the owner thereof from finding the same, he shall, for each offense, be fined not less than fifty nor more than two hundred dollars, recoverable before any justice of the peace, police judge, or other court having jurisdiction, or imprisoned in the county jail for a period of not less than ten nor more than thirty days, or both, in the discretion of the jury: Provided, That the logs or timber taken up shall not be stopped or taken up between a point where they are started and a boom or point where they are to be rafted.

propriating.

5. If the taker-up of any of the property named in the Penalty for apforegoing sections of this act shall split up, saw up, destroy, or appropriate the same to his own use, to the value of twenty dollars or over, he shall be deemed guilty of a felony, and, upon conviction thereof, confined in the penitentiary for a period of not less than one nor more than five years, in the discretion of a jury.

1873, repealed.

§6. Be it further enacted, That an act approved March 22d, Act of March 22, 1873, entitled "An act to regulate the taking up of property found adrift upon certain rivers in this Commonwealth," be, and the same is hereby, repealed, and all laws in conflict with the provisions of this act are hereby repealed.

§ 7. This act shall take effect from and after its passage.

Approved May 4, 1880.

CHAPTER 1388.

AN ACT for the protection of passengers and others on railroad engines

and cars in this State.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That any person who shall recklessly, wantonly, or

Penalty for ma. liciously throwing stone or oth

er missile into railroad train.

When a felony.

maliciously throw any stone, stick, club, or other missile at or
into, or shoot at or into any engine of any railroad train in
this State, or any car attached thereto, on or in which engine
or car there may be any passenger or other person, shall be
deemed guilty of a misdemeanor, and, upon conviction there-
of in any court having jurisdiction of such offense, shall be
fined not less than one hundred dollars nor more than two
hundred and fifty dollars, or imprisoned in the county jail
for a period not less than six months nor more than twelve
months. And if any such stone, stick, club, or other missile
so thrown was calculated to produce death or great bodily
harm, and any person or passenger, on or in such engine or
car attached thereto, shall be injured or wounded, such per-
son so throwing the same shall be deemed guilty of a felony,
and, upon conviction therefor in any court having jurisdiction
of the offense, shall be fined in a sum not less than two hun-
dred nor more than five hundred dollars, and imprisoned in
the penitentiary for a period not less than one nor more than
two years.
And should death ensue from such throwing or
shooting within one year thereafter, the person guilty of the
same, as herein provided, shall be deemed guilty of murder,
and, upon conviction, shall be punished accordingly.

§2. That the several circuit and criminal courts of this State shall have jurisdiction of the offenses declared in the first section of this act.

$3. This act to take effect from its passage.

Approved May 4, 1880.

Sheriff to return

fee when he fails

to serve writ, &c

CHAPTER 1389.

AN ACT in relation to sheriff s fees for serving process from other counties. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1 That whenever any writ, summon, or other process, is sent to the sheriff of any county from another county, such shall not be required to execute or return the same, unless it be accompanied by the fee now allowed by law for serving the same; and in case the party or parties against whom the writ, summon, or process is issued cannot be

found, the sheriff shall return the fee required to be advanced as aforesaid.

§ 2. This act shall take effect from its passage.

Approved May 4, 1880.

CHAPTER 1393.

AN ACT to amend sections 1, 2, 4, and 5, of chapter 49, General Statutes, title "Guards, &c."

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Gen. Stat., chap.

49, secs. 1, 2, 4, 5 amended.

and

1. That the words "one dollar and fifty cents," in section 1 of chapter 49, General Statutes, be, and the same are hereby, stricken out, and the following words, viz: "one dollar," be, and the same are hereby, substituted in lieu thereof. § 2. That the second section of said chapter be, and the Sec. 2 repealed. same is hereby, repealed, and the following enacted in lieu thereof, viz: "That not more than one guard shall be employed by any officer to assist him to guard any prisoner under arrest for crime, before or after the trial of such prisoner, or to assist the officer in the removal of a prisoner from one county to another, without the special order, in writing, of the court before whom said prisoner has been tried or brought for examination and inquiry; and where only one criminal is to be conducted to the penitentiary, the officer may tie or put in irons said criminal, if necessary, and shall conduct him to the penitentiary without any guard, unless the court before whom said criminal was convicted shall, by order entered of record, allow him one or more guards."

§3. That section four of said chapter be, and the same is Sec hereby, repealed, and the following enacted in lieu thereof, viz: "If two or more criminals shall be convicted at the same term of any court, they shall all be conducted to the penitentiary by the same officer and guard; but the number of guards shall not exceed one for every two criminals, unless the court before whom such criminals were convicted shall, by an order entered of record, allow him a greater number of guards. Said officer and guards shall be allowed compensation for such service for one trip only."

4 repealed.

for $1 50.

4. That the words "one dollar and fifty cents," in section $100 sul stituted 5 of said chapter, be, and the same are hereby, stricken out,

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