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CHAPTER 28.

AN ACT to amend an act, entitled "An Act to amend certain sections of the common school law, and providing for the more efficient management of the common schools," approved March 21, 1902.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That an act to amend certain sections of the common school law, and providing for the more efficient management of the common schools, approved March 21, 1902, be, and the same is hereby amended by striking out the word "one-fifth" whenever it occurs and inserting in lieu thereof the word "one-sixth;" also by striking out "two-fifths" and insert "two-sixths," and by adding after the word "January" the words "one-sixth of the whole amount; and on or before the first of February," and by adding to section 2 thereof, being section 4376, Kentucky Statutes, the following words, to wit:

"Provided, that if on the first day of October, November or December, the amount in the treasury to the credit of the school fund be insufficient to admit of a full distribution of the proportion required by this act, then the Auditor of Public Accounts shall, upon the successive warrants of the Superintendent of Public Instruction, distribute the amount of the school fund then on hand proportionately, without preference or partiality, to all the school districts in the State as heretofore directed, and in no event shall any school district entitled to participate, be omitted or excluded in any distribution, or a further distribution be made to any district or districts, until all other districts have been made equal on any previous distribution theretofore made."

Distribution of school fund.

Said section when amended will read as follows: "For each school year the Auditor of Public Accounts shall, on the successive warrants of the Superintendent of Public Instruction, distribute the amount of the school fund due each county Superintendent of Common Schools, and the amount due each city, town or village, organized as one district to the Treasurer of the School Board thereof, as follows: On or before the first of October, one-sixth of the whole amount; on or before the first of November, one-sixth of the whole amount; on or before the first of December, two-sixths of the whole amount; on or before the first of January, one-sixth of the whole amount, and on before the first of February the resi

or

due, including the undistributed surplus; Provided, That if on the first day of October, November or December, the amount in the treasury to the credit of the school fund he insufficient to admit of a full distribution of the proportion required by this act, then the Auditor of Public Accounts shall, upon the successive warrants of the Superintendent of Public Instruction, distribute the amount of the school fund then on hand proportionately, without preference or partiality, to all the school districts in the State as heretofore directed, and in no event shall any school district entitled to par ticipate, be omitted or excluded in any distribution, or a further distribution be made to any district or districts until all other districts have been made equal on any previous distribution theretofore made.

§ 2. All laws and parts of laws in conflict herewith are hereby repealed.

Approved March 12, 1904.

CHAPTER. 29.

AN ACT to regulate crime and fix the punishment therefor.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

chickens.

§ 1. If any person shall steal chickens, turkeys. Felony to steal ducks, or other fowls of the value of $2, or more, he shall be confined in the penitentiary not less than one nor more than five years.

Approved March 17, 1904.

CHAPTER 30.

AN ACT to provide for an amendment to section 147 of the Constitution of Kentucky.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That upon the concurrence of three-fifths of all the members elected to each House, the yeas and nays being taken thereon and entered in full in their respective journals, section 147 of the Constitution of Kentucky be, and it is, amended by striking out of said section the following words: "But all elections by the people shall be by secret official ballot furnished by public authority to the voters at the polls, and then and there deposited. The first General Assembly held after the adoption of this Constitution shall pass all neces-“ sary laws to enforce this provision, and shall provide that persons illiterate, blind, or in any way disabled, may have their ballots marked as herein required," and by adding to said section these words: "And all elections by the people shall also be viva voce and made matter

Viva voce.

Submitted to

voters.

of public record by the officers of election according to the direction of the voter," and also by adding these words: "The first General Assembly held after the adoption of this amendment shall pass all necessary laws to enforce this provision;" so that said section, when so amended, shall read as follows:

"147. The General Assembly shall provide by law for the registration of all persons entitled to vote in cities and towns having a population of five thousand or more; and may provide by general law for the registration of other voters in the State. Where registration is required, only persons registered shall have the right to vote. The mode of registration shall be prescribed by the General Assembly. In all elections by persons in a representative capacity, the voting shall be viva voce and made a matter of record; and all elections by the people shall also be viva voce and made a matter of public record by the officers of election, according to the direction of the voter. The word 'elections' in this section includes the decision of questions submitted to the voters, as well as the choice of officers by them. The first General Assembly held after the adoption of this amendment shall pass all necessary laws to enforce this provision."

§ 2. This amendment shall be submitted to the voters of the State for their ratification or rejection at the time and in the manner provided for under section 256 of the Constitution of Kentucky, and under the provisions of the act of May the 12th, 1897, being section 1459 of the compilation of laws known and designated as the Kentucky Statutes.

Became a lay June 14, 1904, by the terms of the Constitution acts proposing amendments to the Constitution do not require approval of the Governor.

CHAPTER 31.

AN ACT to amend section 1 of an act, entitled "An Act to authorize trustees of county seminary and school property, owned or held in trust by trustees by a majority of their board, to dispose of same to trustees of common school districts embracing same," approved March 17, 1896.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That section 1 of the act mentioned in title of this act, be, and the same hereby, amended, and as amended it is enacted to read as follows:

How board may sell and dispose of

"§ 1. That trustees holding the legal title to the property of any county seminary, under laws enacted property. and in force prior to the 18th day of December, A. D. 1865, by a majority of their board, the county court consenting thereto by order of the county judge, entered of record in the county court, are hereby authorized and empowered to sell, transfer and convey by deed the title held by such trustees to such county seminary property, or otherwise dispose of it as to them may seem best, to the trustees of white common school districts, whether graded or not, in which such seminary property is situated, on such terms and conditions as may be agreed upon by both parties: Provided, That whenever any such county seminary property shall be taken over by and vested in the trustees of a common school district, as authorized in this section, it, or the proceeds thereof, shall be used or disposed of by such trustees for the purpose of the school for white pupils in such districts, but all white pupils of other districts in the county, who shall be allowed such a reasonable reduction as shall make good to them their interest in such seminary property."

Approved March 17, 1904.

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