TIP #223 - INSPECTIONS & WAREHOUSES - JAILS & JAILERS One of the most important things to the growth and development of Kentucky was its crops; especially tobacco, hemp and flour. It was found necessary to regulate the inspections of these commodities and the erecting of buildings called warehouses for the storage and inspection of same. In many of the old county order books you will find detailed descriptions of the warehouses with its rules and regulations. An act was passed by the Kentucky Legislature on the 25th of January 1809 entitles Inspections and Warehouses. In this law, the Kentucky county courts were allowed the power to establish within their county, inspections of tobacco, hemp and flour. A one-month notice had to be given of the inspection and it was decreed that the proposed inspection could not take place less than three miles of any previous inspection on the same side of the river or creek unless a 2/3rds majority of the justices concur to the erection to a warehouse within that distance. The warehouses for these inspections had to meet specific conditions. They had to be built of brick or stone, or scantling enclosed with strong boards or planks well nailed on; or logs so closely places as to keep the prevent any damage to the crop from the weather. It was to have a planked floor, have good shingles on the roof, all nailed well. The proprietor of each warehouse (or owner), or the owner of the land where the warehouse stood (including husband/wife/guardian/attorney/agent) had to agree to these conditions before the warehouse was built. If violations occurred, the warehouse could be shut down and inspections discontinued until it came within regulation. If repairs needed to be made, the county court or a justice of the court was to be appointed to inspect the structure. The inspectors appointed were not permitted the proprietor or any other person to make use of the warehouse at which they are inspectors. If a warehouse burned and it was determined that the proprietor or other person "made use thereof", the inspector had to repay the State Treasurer. If a fires was started within a warehouse, or if the warehouse didn't have doors, within 100 yards of the warehouse other than in the inspector's counting room, they had to pay 10 pounds. It was illegal for anyone to build any wooden chimney within 200 yards of the building. If such was found, the proprietor had to pulled it down or the sheriff would see that it was torn down. In a tobacco inspection where there was no warehouse, the county appointed two fit and proper persons to go out on a parcel of land, view it, lay it off by metes and bounds, as much land as they thought necessary. This was not to exceed 2 lots of ½ acre each. It was to be located at a convenient place for the citizens. Jails and Jailers: Where there are people, there will most likely develop a need for a jail. Thus, legislature was passed 19 December 1799 for the appointment and duties of jailers and different penalties. The county courts were ordered to appoint inspectors, collectors and deputies, surveyors of highways, constables and county jailers under the same law. They were to be sworn under oath and had to post bond with good security. The county had the power vested in them to remove jailers if they were thought to be negligent in their duty. Duties and exceptions: Any county jailer in a county where there was a Circuit Court was considered to be the jailer of the Circuit Court. He was to have custody of all prisoners committed to jail of the county by the authority of the court with the judges of the Circuit Court having the power to superintend and regulate the jail. During the time a man was jailer, he was exempted from military service, he could not serve on a jury and he had to attend the Circuit Court sessions as required. Jailers were authorized to take bond for the prison rules and special bails. If the jailer himself was committed to jail, the sheriff of the county took over the authority of the jailer. Jailers received any prisoner or prisoners who might be committed to his charge, including prisoners of the United States. If he failed to perform his duty he would be subject to the laws of the commonwealth. Jail: If a county did not have enough room to store the prisoners, guards were to be hired for the safe keeping of the prisoners, with the payment to the guards coming out of the county levy. The United States marshals had a right to use the jail at any time. All charges incurred were to be billed to the United States, and not to the county. Anyone who willfully broke, burned or otherwise injured or destroyed a jail or courthouse, or caused someone else to do same - which included aiding, abetting, advising or assisting - was liable to be sued in any court of law. Any money received from the guilty parties was to be put in the county treasury to lower the county levy and for the repair of the jail. (c) Copyright 9 February 1999, Sandra K. Gorin, All Rights Reserved, sgorin@glasgow-ky.com TIP OF THE WEEK! CHECK OUT THE KYRESEARCH TIPS by chosing TIPS below. Col Sandi Gorin 205 Clements,Glasgow, KY 42141 (502) 651-9114 PUBLISHING: http://www.members.tripod.com/~GorinS/index.html GORIN WEBSITE: http://members.delphi.com/sgorin/index.html SCKY: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/BarrenObits TIPS: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/Tips KYBIOS: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/Bios ARCHIVES: http://searches.rootsweb.com/cgi-bin/listsearch.pl