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by mail official papers, and

monwealth

with postage.

pers,

mit and receive hereby authorized to transmit and receive by mail any official paand charge the Commonwealth with the postage they may charge the com- have to pay thereon; and they and each of them may quarterly present to the governor a statement of their account of money paid for postage, stating the papers, books, &c. on which they have paid postage, and the amount on each; and if it shall appear to the gov ernor that the items of such accounts, or any part of them, come within the provision of this act, he shall certify the same, or so much thereof as he shall deem proper, to the auditor of public accounts, who may thereupon issue his warrant to the treasurer for the amount so certified, whose duty it shall be to pay the same out of any money in the public treasury not otherwise appropriated.

Auditor to be allowed postage

on certificate of

governor.

SEC. 3. Be it further enacted, That the auditor shall be allowed, on the certificate of the governor, as directed by the first section of this act, for any postage he may pay on any letters which he may send or receive by mail in pursuance of the requisites of this or any other act of this Commonwealth.

1815.

IN FORCE FROM ITS PASSAGE.

Packages and letters to quar

AN ACT to amend and reduce into one the several acts respecting the Militia
Approved February 4, 1815.-5 Litt. 220.

[SEC. 15.] "All packages and letters sent to or from the quarter- . termaster-gen- master general relative to the duties of his office, shall be paid for eral, postage to be paid out of by the state, in the same manner as those sent to or from the adjutant-general.”

the treasury.

DEAF AND DUMB ASYLUM.

1822.

Appropria

IN FORCE FROM ITS PASSAGE.

AN ACT to endow an Asylum for the tuition of the Deaf and Dumb: Approved
December 7, 1822.-Session Acts, p. 180.

SEC. 2. Be it further enacted, That in order to aid the funds of tion to the Deaf the said Asylum, the governor is hereby authorized and required to Dumb Asylum. draw his warrant on the auditor of public accounts in favor of the trustees of this Asylum, for the sum of three thousand dollars imThe governor mediately; and moreover, shall draw his warrant on the auditor in may draw warrant on auditor favor of said trustees, for the further sum of one hundred dollars for for $100 for every indigent every indigent pupil taught in said Asylum, which shall authorize

pupil.

the auditor to draw a warrant on the treasurer for the amount directed in the governor's warrant, which shall be paid out of any money in the treasury not otherwise appropriated by law, and

[graphic]

charged to the school fund: Provided, that no one scholar shall be taught at the expense of the state more than [three years;] and provided also, that the sum so to be drawn from the treasury, for such tuition shall, in no one year, exceed the sum of two thousand five hundred dollars,

1824.

IN FORCE FROM ITS PASSAGE.

AN ACT to increase the allowance to indigent pupils in the Asylum for the Education of the Deaf and Dumb, and for other purposes; Approved Jan. 7, 1824. Session Acts, p. 452. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the trustees of the Kentucky institution for the tuition of the deaf and dumb, shall hereafter be entitled to receive for the support and maintenance of each indigent pupil that now is, or may hereafter be admitted info said institution, the sum of one hundred and fifty dollars, in lieu of the sum now allowed by law.

-SEC. 2. It shall and may be lawful for the trustees of said institution to receive pupils from other states: Provided, the expense of their maintenance and tuition be defrayed by such state or states, or by some individual or society. Provided, that such admission shall not operate to the exclusion of any indigent pupil of the state of Kentucky, until the number of such shall be twentyfive, for which number provision is herein made.

1825.

IN FORCE FROM ITS PASSAGE.

AN ACT further to regulate the Lunatic Asylum: Approved January 10, 1825.
Session Acts, p. 113.

SEC. 4. And whereas it is provided by an act entitled "an act to carry into operation the Lunatic Asylum," approved January 7, 1824, that idiots shall be permitted to remain with their parents, if their parents so desire, provided that a greater allowance shall not be made for keeping said idiot, than it shall cost for keeping said person in said Asylum; and it now being ascertained, that the cost of such idiot in said Asylum, will not exceed fifty dollars, it is there49

VOL. I.

[Now extended to four years by act of January 9, 1827.]

Fee for tuition increased.

May receive pupils from oth

er states.

Preamble.

Allowance to parent or com

mittee for keeping an idiot.

Compensation of electors.

fore enacted, that the auditor of public accounts is hereby authorized and required to issue his warrant on the treasury, for the sum of fifty dollars, in behalf of such parent or parents, "committee or. committees of such idiot, when duly certified by order of court; which sum the treasurer is directed to pay out of any money in the treasury not otherwise appropriated, which shall be the standing rate of allowance in such cases, until altered by law.

[By the act of February 19, 1808, authorizing sales of headright-land's for the instalments due thereon, the Register is authorized to charge on such tracts as may have been struck off to the State at the rate of two per cent. on the amount of redemptions, for which sums, as they become due to him, the Auditor shall issue his warrants on the Treasury.-3 Litt. 482.]

COMPENSATION OF ELECTORS.

1828.

IN FORCE FROM ITS PASSAGE.

AN ACT prescribing the mode of choosing Electors to vote for President and Vice
President: Approved February 12, 1828.-Session Acts, p. 166.

SEC. 4. And each Elector shall be allowed three dollars for every twenty-five miles he shall necessarily travel, and three dollars per day while attending in Frankfort as an Elector, for which the auditor is hereby directed to issue his warrant on the treasury.

1829.

Circuit court clerks to make

allowed at each

term, payable

IN FORCE FROM ITS PASSAGE.

AN ACT requiring certain duties of the Clerks of this Commonwealth: Approved
January 16, 1829.-Session Acts, p. 63.

SEC. 1. Be it enacted by the General Assembly of the Commona list of claims wealth of Kentucky, That immediately after the termination of each circuit court, the clerk thereof shall make out and certify a at the treasury. complete list of all the claims allowed at that term of the court, which are payable out of the public treasury, in alphabetical order, stating the name of the person entitled, the particular services rendered, and the amount of the claims respectively; and immediately previous to the commencement of each circuit court the clerk of the county court of that county, shall make out a like alphabetical list of all claims which may have been allowed by the county court, payable out of the public treasury, certified by him as clerk, and file it with the clerk of the circuit court, whose duty it shall be to transcribe the same, including the certificate of the county court clerk, upon his aforesaid list of allowances made by the circuit court;

County court clerks to make

a like list.

Circuit court

same to the au

ditor.

County court not to allow claims for services in anycase which might come before the

and he shall, within twenty days after the end of each term of the circuit court of which he is clerk, forward said list to the auditor of pub-clerk to forward lic accounts, either by mail or other safe conveyance, taking care that the list so certified shall be on one sheet of paper where it will contain the same, that the auditor may not be taxed with double postage: Provided, however, that the county courts shall not hereafter examine or allow any claim for arresting felons or other claim for services in any case which relates to proceedings that might, by law, ultimately come before the circuit court for adjudication or trial. SEC. 2. The clerks of the general court and court of appeals shall make out and file with the auditor a like statement in alphabetical order, of all claims which may be allowed by either of said courts and which are payable out of the public treasury, which shall also be done within twenty days after the termination of each term of their respective courts.

circuit court for trial.

Clerks of the court of appeals and the general

court to make

similar lists.

issue warrants until lists of

He shall keep

a record of said lists in separate

book.

SEC. 3. The auditor shall not issue his warrant upon the treasury Auditor not to for any claims allowed by any court, until a list shall have been filed as aforesaid, nor shall he issue his warrant for any claim allow- claims are filed. ed and certified after this act takes effect, unless the same shall be found upon such list, provided the claim presented be one which, by law, is required to be certified by any one of the courts aforesaid. SEC. 4. It shall be the duty of the auditor to keep a complete record of said lists for each county in a separate book, and when a warrant issues for any such claim, he shall make a note of the number of the warrant and year it issued, immediately opposite each claim; and the auditor shall be compensated out of the public treasury for all sums paid by him for postage of the lists forwarded by mail as aforesaid, and shall keep an exact account of the amount of postage so paid by him each year, stating the counties respectively from which the letters were received, which, with all other matters, shall be subject to the inspection of any member of the legislature or any committee thereof.

Shall keep a

postage account

1830.

IN FORCE FROM ITS PASSAGE.

AN ACT to amend "an act requiring certain duties of the Clerks of this Commonwealth:" Approved January 12, 1830.-Session Acts, p. 53.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter it shall be the duty of the sev eral clerks of the county courts in this Commonwealth, within twenty days after their court held in the month of December in each year, to make out an alphabetical list of all claims allowed by said court at such term, and the two preceding terms, payable out of the public treasury, certify the same, and transmit said list to the

The clerks of county courts to make out and

transmit annually, to the auditor, a list of claims, allowed by their courts, payable out of the treasury.

auditor of public accounts, by mail, or other safe conveyance, so that those who may be entitled to said claims may not be unnecessarily delayed in the collection of the same.

1831.

The adjutant and quarter

master general

to rent offices.

IN FORCE FROM ITS PASSAGE.

AN ACT further to regulate the Militia Correspondence, and for other purposes:
Approved December 23, 1831.--Session Acts, p. 238.

SEC. 4. Be it further enacted, That the adjutant and quartermaster general, each, be authorized to rent a room, in which their offices shall be kept, until otherwise provided for by law; and that the auditor of public accounts be directed to issue his warrant on the treasurer for the amount thereof, when certified by them: Provided, however, the rent of both offices shall not exceed one hundred dollars per annum.

TITLE 43.

CLERGY, BENEFIT OF.

1789.

Benefit of clergy, in what offences not al

lowed to principals in the first degree.

IN FORCE FROM ITS PASSAGE.

AN ACT concerning the Benefit of Clergy: Passed November 27, 1789.-13 Henning's Statutes at Large, 30.

SEC. 1. Be it enacted and declared by the General Assembly, That the benefit of clergy shall not be allowed to principals in the first degree: First, in murder; secondly, or in burglary; thirdly, or in arson at common law; fourthly, or for the wilful burning of any court house, or county or public prison, or of the office of the clerk of any court within this Commonwealth; fifthly, or for the felonious taking of any goods or chattels out of any church, chapel or meeting-house belonging thereto; sixthly, or for the robbing of any person or persons in their dwelling houses or dwelling place, the owner or dweller in the same house or dwelling place, his wife, his children, or servants, then being within and put in fear and dread by the same; seventhly, or for the robbing of any person or persons in or near

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