CHAPTER 85

PENITENTIARY.

Keeper, how and when elected-Loans by Commissioners of Sinking FundKeeper to have use and control-Inspectors-Physician's bond-Disposition of material-Chaplain.

§1. A keeper of the penitentiary shall be elected by joint ballot of both Houses of the General Assembly, to hold his office for the period of four years, subject to the liabilities, terms, and conditions, and entitled to the rights, privileges, and benefits prescribed in this chapter.

Myers' Sup.,352,

by Legislature to

Keeper elected hold four years.

Election in 1873.

Take possession

1st day of March,

1875.

ed by Commissioners of Sinking Fund.

§ 2. The first election for keeper of the penitentiary under the provisions of this revision shall take place during the session of the General Assembly next after the State election in the year 1873, and the person then elected shall enter upon his office on the first day of March, 1875. § 3. The Commissioners of the Sinking Fund shall loan $30,000 tobe loanto the keeper not exceeding thirty thousand dollars in raw materials and in money (the former to be received by the State from the outgoing keeper) during his term of office, for which he shall pay to them, annually, interest at the rate of six per cent. per annum, until the principal is returned; and for the payment of the principal and interest shall execute bond to said commissioners, with sufficient sureties, to be approved by them.

§ 4. The keeper shall have the use and control of the penitentiary, and all the buildings attached thereto, together with all the machinery, fixtures, tools, and other property of the Commonwealth therein, and receive and have all the proceeds of the labor of the convicts therein, and all the profits and emoluments from the operations of the penitentiary; and shall be bound to keep in good order all the buildings, machinery, fixtures, tools, and other property, and return all the property so received by him in as good order as when the same shall have been received by him, unavoidable accidents by fire as respects the buildings and machinery only excepted.

Penitentiary to

be under control

and for use of

kceper.

per year.

§ 5. The keeper shall be bound to pay into the Treasury, Rental, to the credit of the sinking fund, at the end of each year of his term of office, the sum of eight thousand dollars.

-when rebuilt by

State.

§ 6. In the event of a fire or fires occurring in the instituBuilding burned tion, without any fault on the part of the keeper, his assistants, or guards, the General Assembly, if in session, and if not, the Commissioners of the Sinking Fund, shall cause to be erected, as soon as practicable, such other permanent and suitable buildings as they may deem best for the interest of the Commonwealth, not exceeding in cost ten thousand dollars, to be paid out of any money in the Treasury to the credit of the sinking fund; and the Commissioners of the Sinking Fund shall make such deduction from the annual sum to be paid by the keeper as they may deem equitable and just, for the loss of the use of the buildings; and their decision shall be subject to the ratification of the Legisla ture. The cost of erecting the necessary temporary buildings shall be borne by the keeper, and no allowance is to be made to him therefor.

Machinery.

Amounts due by

keeper; judgment

taken before the

Franklin circuit court.

Guards, fuel, &c,

§ 7. If, during the term of office of the keeper, the Commissioners of the Sinking Fund shall deem it necessary to cause additional machinery to be erected, the Commonwealth shall not, under any circumstances, be chargeable with a sum therefor exceeding ten thousand dollars; and the keeper shall give bond, with adequate security, to be approved by the Governor, that he will return the machinery so erected in as good order as when erected, and will pay the Common wealth, annually, six per cent. per annum interest on the amount expended in erecting such machinery. The Com monwealth reserves to itself the right of purchasing from the keeper of the penitentiary, at the termination of his term of office, at a fair cash value, any machinery which he may erect at his own cost in the penitentiary.

§ 8. If any of the amounts herein required to be paid by the keeper of the penitentiary shall remain unpaid for ten days after the same shall become due and payable, it shall be the duty of the Commissioners of the Sinking Fund to cause a judgment to be rendered against the keeper and his sureties, at the next or any succeeding term of the Franklin circuit court, for the amount so due and unpaid, by motion, in the manner, and with like penalties, that judgments are rendered against defaulting sheriffs or other collectors of the public money.

§ 9. The said keeper, in addition to the payment of said to be paid for by sums of money, shall, at his own expense, furnish the neces

кеерег.

sary guards, feed and clothe the convicts, giving them coffee at least once every day; appoint his own clerk and pay him for his services; furnish all the necessary beds and bedding for the convicts; pay the liberation money to the convicts; all necessary physicians' bills, and all the necessary expenses in maintaining and carrying on said institution; and save the Commonwealth harmless of all expense connected with the management of the same during his term of office.

10. The Governor shall appoint three inspectors of the penitentiary, one of whom shall be a practicing physician, who shall hold their offices for two years, unless sooner removed by the Governor. It shall be the duty of the inspectors to examine into all matters connected with the government, discipline, and police of the penitentiary, and make a report thereof every three months to the Governor. The penitentiary shall be visited at least once each week by two of said inspectors, and as much oftener as shall be prescribed by the Governor or Commissioners of the Sinking Fund. Each inspector shall receive one hundred dollars per annum for his services, payable out of any money in the Treasury to the credit of the Sinking Fund. No inspector shall become interested, directly or indirectly, in the profits or management of the penitentiary.

§ 11. The Commissioners of the Sinking Fund shall select and employ not more than two reputable physicians, whose duty it shall be to examine, weekly, into the health and situation of each convict, and report to the Governor whether any convict is kept at work when, from disease, he is unfit for labor; whereupon it shall be the duty of the Governor to cause said convict to be changed to other work, or relieved from work, until said physicians shall pronounce his health sufficiently restored. The physicians thus employed shall at all reasonable hours have access to the prison and such places therein as they may desire.

12. If the keeper, by himself, servants, or assistants, shall, at any time, willfully or wrongfully interpose any obstacle to the proper discharge of the duties of the inspectors or physicians provided for in this chapter, he shall forfeit not exceeding one thousand dollars, to be recovered by action on his bond in the Franklin circuit court, and collected for the benefit of the Sinking Fund.

may be removed.

§ 13. If the keeper of the penitentiary fail or refuse to When keeper comply with the obligations imposed on him by this chapter, or shall be guilty of any malfeasance in office, the Governor shall have full power, and it shall be his duty, to remove him forthwith.

resigns, &c., an

other to be se

rily.

§ 14. In the event of the death, resignation, or removal If keeper dies or from office of the keeper of the penitentiary, the Governor, lected tempora- Secretary of State, and Auditor shall make a contract with a suitable person to take charge of the penitentiary, according to the provisions of this chapter, until the next ensuing meeting of the General Assembly, and until a new keeper be elected and qualified.

§ 15. Before the penitentiary shall be placed in the charge Bond of keeper. of the keeper elect, he shall execute to the Commonwealth a bond, with sufficient sureties, to be approved by the Governor, conditioned for his faithful performance of the duties of his office, and compliance with the provisions of all laws in respect thereof; and if at any time, before his term of service shall expire, his sureties shall be considered by the Commissioners of the Sinking Fund insufficient to secure the Commonwealth from loss, he shall be compelled to give additional sufficient security.

left over how

valued.

§ 16. The raw materials which may be on hand at the Raw materials expiration of the keeper's term of office, not exceeding ten disposed of and thousand dollars in value, and which shall be suitable for the manufactures conducted in the penitentiary, may be received by the Commonwealth, at fair wholesale cash valuation, in payment of so much of the loan to said keeper, and shall be delivered to the incoming keeper at the same valuation, in whole or in part of the ten thousand dollars directed to be loaned him. The valuation shall be made by three competent and disinterested persons, mutually selected and agreed on by the outgoing keeper, the incoming keeper, and the Commissioners of the Sinking Fund, who shall be duly sworn to discharge their duties fairly and impartially, and to the best of their skill and judgment, before proceeding to make the valuation; both the outgoing and incoming keeper shall have a right to be present at the valuation. If the parties fail to agree, the Governor shall make the selection. § 17. In order to determine the condition in which the Valuation, when machinery, fixtures, tools, and other property may be when

received, when delivered to in

coming keeper. received, and when returned by the keeper, a valuation of

the same, at the commencement and at the termination of the keeper's term of office, shall be made by three skillful and disinterested persons, mutually selected by the outgoing and the incoming keepers and the Commissioners of the Sinking Fund, who shall be duly sworn to discharge their duties fairly and impartially, and to the best of their skill and judgment, before making the valuation. The outgoing and incoming keeper shall be entitled to be present at the valuation.

§ 18. The clothing, beds, and bedding for the convicts, and other necessary furniture of the penitentiary, shall in like manner be valued at the commencement and termination of the keeper's term of office, by appraisers appointed by the Commissioners of the Sinking Fund, and the keeper shall be bound to leave at the termination of his office an equal value of clothing, beds and bedding, and other necessary furniture, with that he received at the commencement of his term of office. If there is a deficiency, the keeper shall pay the deficiency in money; if there is an excess, then the keeper may withdraw the excess, or the Commissioners of the Sinking Fund may allow him a credit for the value of such excess. The appraisers shall be sworn, and both keepers shall have the right of being present, as provided in the preceding section.

19. In the event of the death, resignation, or removal from office of the keeper, valuations shall be made of all the articles of property named in the three preceding sections, by appraisers appointed by the Commissioners of the Sinking Fund, who shall be sworn as provided in said sections before making said valuations; the valuations prescribed in this and the preceding sections shall be in writing, and the articles so enumerated or described as to be identified, subscribed by the appraisers, and filed with the Commissioners of the Sinking Fund, and by them preserved.

ed by keeper.

§ 20. The keeper shall employ, at his expense, a minister Chaplain employof the gospel, whose duty it shall be to give to the convicts such religious and mental instruction as said minister may think necessary and beneficial to the convicts; and, at the request of any minister of the gospel in charge of a congre- Divine worship gation in the city of Frankfort, shall make suitable arrange- ters. ments for divine worship on any Sabbath day designated in the request.

by other minis