before a justice, and required to give bail in the penalty of one thousand dollars, with good surety, to keep the peace and be of good behavior for the next six months.

§ 21. Clerks and sheriffs shall have the same fees for like Fecs of officers for services performed under this chapter as they are allowed in cases for opening county roads.

services under

this chapter.

No quarry to be

condemned with

in 200 yards of a

dwelling-house.

Acts 1861, 42.

companies in which the State has stock.

§ 22. No quarry shall be condemned within two hundred yards of any dwelling-house, or so near to any garden, orchard, or spring, as materially to impair the value of the

same.

23. The president and directors of all toll-bridge, turnpike, gravel, and plank road companies, in which the State Dividends by the is a stockholder, shall, within the months of July and Januin each year, make or declare a dividend of the profits ary of such road, if any, and pay to the stockholders, when called for, the amount due them, and into the Treasury of the State the amount due to the State, within twenty days thereafter.

ing to discharge duty.

24. If the president and directors of any toll-bridge, Penalty for fail turnpike, gravel, or plank road company, shall fail or refuse to perform the duties required by this act, they shall be fined in a sum not less than one hundred dollars each, and made jointly and severally liable therefor, recoverable by indictment, for the use of the Commonwealth.

Acts 1862, 75.

ment of tolls.

§ 25. The managers or directors of all the turnpike and gravel roads in which the State is a part owner shall, at the gers as to pay time of passing, require the payment of the tolls, as fixed by law, from all persons who travel thereon, unless it shall be previously agreed by the directors of such road that accounts may be kept, to be paid at the end of three months; and in no case shall there be any abatement from the regular charges; and where any such agreement be made, and the party making the same shall fail or refuse to pay the gatekeeper, it shall be his duty to stop any such person, and prevent him or his property from passing till payment is made. But no abatement shall hereafter be made from the tolls fixed by law.

obstructions to be removed.

§ 26. It shall be the duty of the managers of such turnFencing & other pike or gravel roads, if the same shall be encroached upon by fencing, or otherwise obstructed, to cause the same to be Road to be kept forthwith removed; and it is hereby made their duty to keep the same open the entire width, as required by their respect

open the entire width.

ive charters, except where the same passes over an embankment or through a cut; in such cases encroachments may be permitted and remain at the discretion of the board; but the consent of such board shall be first obtained, and an agreement executed by the party covenanting to remove the same whenever required to do so, which covenant shall be entered of record on the books of such company, and a copy of which, should the original be lost, be received as testimony on any trial.

27. Where any turnpike or gravel road, as aforesaid, shall be obstructed by fences, or otherwise, by any person or persons, and who shall not remove the same when notified to do so by order of the board, it shall be the duty of such directors to cause the same to be removed without delay as now directed by law, or may proceed by suit in the circuit court, in the name of the company, to recover the ground; or they may proceed by indictment in the name of the Commonwealth for such obstruction, and shall be governed by the laws in regard to the obstruction of public roads.

CHAPTER III.

VAGRANTS.

shall be deemed vagrants

§ 1. If any able-bodied person be found loitering or Who rambling about, not having the means to maintain himself, by some visible property, or who does not betake himself to labor, or some honest calling to obtain a livelihood, or who, not possessing such means, has quit his habitation, leaving a wife or child without suitable means of subsistence, or who is idle or dissolute in habits, without visible means of support, he shall be taken and adjudged to be a vagrant, and guilty of a high misdemeanor.

prosecuted.

§ 2. A person guilty of the offense described in the above Vagrancy, how section shall be indicted by the grand jury in any county where he may be found, and if not in custody or on bail, process for his apprehension, as in criminal cases, shall be awarded, with an indorsement that he be admitted to bail, upon his executing bond in the penalty of one hundred dollars, with good surety, conditioned for his appearance at the time and place specified in the writ.

upon a justice's

warrant, & how

proceeded with.

3. Such persons may be apprehended by the warrant May be arrested of a justice of the peace, issued upon his own knowledge, or upon information upon oath, and directed to any constable, sheriff, or other officer, who shall return the same forthwith, together with the prisoner, to the officer issuing the same, or some other justice of the peace, police judge, or the judge of the county court, and summon such witnesses as either party may require. The officer to whom the return shall be made shall hear and decide upon the question of the probable guilt of the prisoner. If he shall be of opinion that there is strong probability that the prisoner is guilty, he shall commit him for further trial before the circuit court of his county, unless the accused shall enter into bond in the penalty of one hundred dollars, with good surety, for his appearance on the first day of the next succeeding term of the circuit court aforesaid, and that he will not depart therefrom without the leave of court. The justice shall state in his record the substance of the evidence given upon the trial, recognize the witnesses to appear at the circuit court as in criminal cases, and return the papers to said court in due time.

dealt with

§ 4. Persons indicted for vagrancy shall be tried by a jury, Convicted -how and if found guilty, the jury shall fix the time for which he shall be bound out to labor, or sold into servitude, not exceeding twelve months, if the convict be over twenty-one years of age; if he be a minor, the jury shall return his age also in their verdict.

out to labor; if an

ticed to learn a trade.

§ 5. The court shall bind out the convict to labor, if over If an adult, bound twenty-one years, for the term fixed by the jury; if under infant, appren- twenty-one years of age, he shall be bound out as an apprentice to a master until the age of twenty-one, to learn some trade, upon the terms which may be agreed upon. The clerk shall prepare and keep the indentures, which, when signed, shall have the same effect as the indentures of apprenticeship in other cases.

to be paid out of

for services of

§ 6. The sheriff, out of the money received, shall, under Fees & expenses the order of the court, first pay the fees and expenses of money received the prosecution, not exceeding the fees allowed in criminal cases; the remainder he shall apply pro rata to the payment pay his debts of the debts, if any, of the vagrant, so far as may be necessary, and whatever sum may remain shall be paid over to the wife and children of defendant, if any; if none, he shall

vagrant, & balance applied to

support his family.

to return to and

pay it over to the convict at the expiration of his time, and he shall account for the amount to persons interested, as though he had collected the money under execution. If the convicted vagrant have a wife and family within the May give bond State of Kentucky, he shall have the right to enter into bond support his famin the penalty of one hundred dollars, with good surety, conditioned that he will forthwith return to his family, and immediately betake himself to some honest calling for their support, whereupon he shall be immediately discharged.

§ 7. Bonds given by vagrants under the provisions of this chapter shall be returned and filed with the clerk of the circuit court, and if forfeited, they may be proceeded on and the penalty collected as in other cases.

8. The persons taking or buying a vagrant shall have the same rights and powers, and be under the same responsibilities, as masters of apprentices during the time for which they have been sold, hired, or bound to them, except as to education.

$9. All justices of the peace, police judges, judges of the county court, sheriffs, constables, and grand jurors, are required to see that all persons in their respective counties shall be prosecuted for a violation of the provisions of this chapter.

§ 10. The provisions of this chapter shall not be construed to change the laws now in force authorizing vagrants to be tried and punished by the judgment of the city court of Louisville, or of any other city or town within this State.

ily.

Bond to be filed

in circuit clerk's

office, & enforced

if forfeited.

Person buying a

vagrant what

powers over him.

Duty of county vagrants

officers to have

cuted.

prose

Vagrants in Lou

isville or other

cities subject to

local jurisdiction.

CHAPTER 112.

WEIGHTS AND MEASURES.

§ 1. The weights, measures, and balances received from the Government of the United States, now in the custody of the Secretary of State, shall continue in the custody of that officer, and shall be the standard of weights and measures in this State.

Weights, meas. furnished by U. be the standard.

ures, & balances

S. government to

of to be made, & cost paid out of Treasury.

§ 2. The Governor shall cause duplicates of those weights, Duplicates theremeasures, and balances to be made for such counties as may not have the same; and upon his written certificate of the cost, the Auditor shall give a warrant on the Treasury therefor.

courts to procure and keep.

3. The county court of every county not furnished with Duty of county such duplicates within one year from the time this chapter takes effect, or from the time it becomes a county, may, at the expense of the county, procure the same from the Governor, after paying the cost thereof into the State Treasury, and cause the same to be kept by some person in the county appointed, from time to time, for that purpose.

and measures to

4. Any person desirous of having his weights and meas Private weights ures tested, may have the same done by the person appointbe tested & sealed ed to keep such duplicates, who, if he find them correct, shall seal them with a seal to be provided by the county court for that purpose. For testing any steelyard, balance, or beam, he shall receive from the applicant a fee of twenty-five cents, and for testing every weight or measure, five cents. But the county court of Jefferson county shall prescribe the duties and fix the fees of the sealer of weights and measures in that county.

Acts 1856, 71.
Penalty for buy-

ing or selling by

weight or meas

ure not corres

ponding with these.

5. Any person who shall buy or sell by any weight, balance, or measure, that does not correspond to and agree with such duplicates, or shall keep the same for the purpose of buying or selling therewith, shall be fined four dollars for every offense, or a like sum for every month he may continue to keep the same.

§ 6. The hundred weight shall consist of one hundred What is a hund pounds avoirdupois, and two thousand such pounds shall constitute a ton; and all contracts hereafter made shall be construed accordingly, unless the contrary be stipulated.

red weight; what a ton.

Weights of different articles prescribed.

7. The following weights shall constitute a bushel of each article named, respectively: