Chap. 234.—An ACT to provide for the transportation of convicts and
insane persons and their guards at reduced rates.

Approved March 12, 1878.

1. Be it enacted by the general assembly, That the rail
road commissioner, with the approval of the governor, is
hereby authorized to enter jnto contracts, for the period of
two years, with the several railroads and other transporta-
tion companies doing business in this state, for the transpor-
tation of convicts, insane, or other persons who are cared
for by the state, the sheriffs and all necessary guards to and
from the penitentiary and the several asylums in this state,
upon such terms as the railroad commissioner and the several
transportation companies have agreed (not to exceed two
cents per mile for each passenger transported under such
contracts), subject to the following or similar provisions:
First. It shall be the duty of the railroad commissioner, as
soon after the passage of this act as possible, to determine
the most direct and practicable route from each courthouse
by which to convey persons to the penitentiary and the sev-
eral asylums, and shall file a copy of the schedule of routes
determined upon with the auditor of public accounts, super-
intendent of the penitentiary, and the superintendents of the
several insane and other asylums, and shall notify the clerks
of the several counties in the state of the route determined
upon from their respective courthouses to the penitentiary,
Insane, and other asylums, ~The clerk of the court in which
sentence is passed, in addition to the papers usually furnished
the sheriff or other officer charged with conveying the pris-
oner to the penitentiary, shall furnish the said officer a trans-
portation certificate, under scal of the court, stating the
number and names of persons entitled to transportation for
each part or line of railroad, or other transportation com-
pany’s line, over which the said sheriff or other officer will
necessarily pass in conveying the prisoner or prisoners to
the penitentiary, Upon the presentation of the sheriff, or
other officer charged with the care of a lunatic, of the proper
papers, the clerk shall issue a like certificate of transporta-
tion to convey said officer, guard, and patient to the asylum
in which the patient is to be reccived: provided, that in all
cases such transportation certificate shall be given over the
route authorized by the railroad commissioner. The auditor
of public accounts shall issue to the sheriff, or other officer
presenting the receipt of the superintendent of the peniten-
tiary, for a prisoner duly delivered at that institution, a sim-
ilar transportation certificate, which shall entitle the sheriff
and other guard to transportation back to the county from
which the prisoner was brought. It shall be the duty of the
superintendents of the several asylums to furnish sheriffs or
other officers delivering putients at their respective institu-
tions with like certificates. ‘The superintendent of the pen-
itentiary, in lieu of the mileage now allowed discharged con-
victs, sball furnish them with like transportation the distance
they are entitled to, over any road or transportation line
embraced in the schedule furnished by the railroad commis-
sioner. All certificates shall be in the form prescribed by
the railroad commissioner, and approved by the several
transportation companies in their respective contracts, and
shall be taken up by the conductor or other agent authorized
by the said transportation companies to collect fare, as other
tickets or fares are collected by them. The said certificates
shall be presented by the transportation companies holding
the same, either monthly or quarterly, as may be determined
upon by the said companies and railroad commissioner, to
the auditor of public accounts, who shall examine and pay
the same, as other claims against the state are audited and
settled. After contracts shall have been made under this act,
no mileage shall be allowed any sheriff or other officer
charged with conveying prisoners to the penitentiary or
patients to an asylum, for any distance that he travels or
shall travel on a railroad or transportation company, under
the provisions of this act.
2. This act shall be in force from its passage.