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section upon payment of the fee each month, but may
for sufficient cause refuse such license. Any such
itinerant vendor traveling as a company or troupe with
two or more persons as members or in its employ who
shall treat or profess to treat or cure disease or injuries
by the use of any drug, nostrum, or instrument without
license to do so, or shall sell the same for such purpose
in violation of this section shall upon conviction, each
and every person so engaged be fined fifty dollars for the
first offense, and upon each subsequent conviction shall
be fined one hundred dollars.

Health. Qualification

§ 7. That section 2047, chapter 63, Kentucky Stat- State Board of utes, be stricken out and repealed, and lieu thereof and duties. the following section be enacted:

A board to be known as the State Board of Health is hereby established. It shall consist of eight members, all of whom shall be legally qualified practitioners under this act seven of whom shall be appointed by the Governor, by and with the advice and consent of the Senate, and the eighth member, who shall be the secretary and executive officer, shall be elected by the board and by virtue of his office of secretary shall be a member of the board. One member of the board shall be a homeopathic, one an eclectic and one an osteopathic physician, and the other appointive members shall be regular or allopathic physicians, all to be appointed by the Governor from lists of three names for each vacancy, furnished respectively by the State society or association of such schools or systems of practice as are entitled to the member, and the successors of such members shall be appointed in the same manner. If the board shall elect one of its members secretary, as it may do, the Governor shall appoint another member to complete the full number of the board. The president and secretary shall have authority to administer oaths

Certificates heretofore issued valid and continued in force.

for the purposes of this act and the members of the board shall before entering upon the discharge of their duties take the oath prescribed by the Constitution for State officers.

§ 3. This act shall take effect and be in force in accordance with the provisions of the Constitution, but it is expressly provided that all certificates issued by the board under the provisions of the law to which this is an amendment are hereby confirmed and continued in force, and all students who were matriculated in any reputable medical or osteopathic college in this Commonwealth on or before February 1, 1904, and shall have graduated prior to September 1, 1907, and make application to the board prior to January 1, 1908, shall receive certificates without examination. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Approved March 18, 1904.

Qualifications and duties of County Board of Health.

CHAPTER 35.

AN ACT to amend an act, entitled "An Act creating a State Board of Health, regulating the appointment of county boards, and prescribing their duties and compensation," which was approved by the Governor on the 20th day of April, 1893.

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

§ 1. That an act to amend an act, entitled "An act creating a State Board of Health, regulating the appointment of County Boards, and prescribing their duties and compensation," which was approved on the twentieth day of April, 1893, be amended by repealing that portion of said act designated in Kentucky Statutes (Carroll Edition) as section 2055, and all laws

in conflict with this act, and enacting the following instead:

"It shall be the duty of the State Board of Health. to appoint three intelligent and discreet licensed and practicing physicians residing in each county of this State who, together with the county judge and one person elected by the fiscal court of each county, shall constitute a local board of health for the respective counties in which they reside and such persons as members of the local board shall hold their office for a term of two years from the date of their appointment or election, and until their successors are appointed or elected, and such local boards are empowered and it shall be their duty to inaugurate and execute and to require the heads of families and other persons to execute such sanitary regulations as the local board may consider expedient to prevent the outbreak and spread of cholera, smallpox, yellow fever, scarlet fever, diphtheria and other epidemic and communicable diseases, and to this end may bring the infected population under prompt and proper treatment during premonitory or other stages of the disease and they are empowered to go upon and inspect any premises which they may believe are in an unclean or infectious condition, and it shall be empowered to fix and determine the location of an eruptive hospital for the county, sufficiently remote from human habitation and public highways as in its judgment is safe, and said boards are authorized and shall have power to enforce the rules and regulations adopted by the State Board of Health, and any person who shall fail or refuse, after written notice from the local board or State board, to observe or obey the written request shall be fined not less than ten nor more than one hundred dollars for each day he so fails or neglects, and it shall be the duty of physicians practicing their professions in any county in

which a local board is organized to report all or any of the above mentioned diseases under their special treatment, to such local board, and it shall likewise be the duty of heads of families, to report any of said diseases when known by them to exist in their respective families, to such local board, or to some member thereof within twenty-four hours from his or her knowledge of the existence of such disease, and such local board shall make report to the State Board of Health, at least once in every three months-first, of the character of the infectious, epidemic and communicable diseases prevailing in their county; second, the number reported as afflicted with such disease; third, the action taken by such board in arresting the progress of such epidemics, and the visible effects of such action, and shall also make special reports when they deem it expedient or when required by the State Board, and the local board shall receive no compensation for such services. The local board shall appoint a competent practicing physician who shall be the health officer of the county and secretary of the board, whose duties shall be to see that the rules and regulations provided for in this act, and the rules and regulations of the State Board of Health are enforced, and who shall hold his office at the pleasure of said board, and he shall receive a salary, the amount of which to be fixed by the fiscal court at the time, or immediately after his election. In no state of case shall said health officer claim or receive from the county any compensation for his services other than the salary fixed by the fiscal court.

§ 2. All laws and parts of laws in conflict with this act are hereby repealed.

Approved March 18, 1904.

CHAPTER 36.

AN ACT to provide for the establishing of graded schools in common school districts bordering on county lines.

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

Graded schools established in common

That it shall be the duty of the county judge in each county of this Commonwealth, upon a written petition school districts. signed by at least ten legal voters who are taxpayers in the school districts of his county, and who desire to unite with school districts of an adjacent county, for the purpose of establishing a graded school, to make an order on the order book at the next regular term of his court after he receives said petition, fixing the boundary of any proposed graded common school district, as agreed on by the county judges and petitioners of the counties, out of which said school district is to be joined, and directing the sheriff or other officer of each county, whose duty it may be to hold the election, to open a poll in said proposed graded common school district, on some day fixed by said judges in said order, for the purpose of taking the sense of the legal white voters in said pro.posed graded common school district upon the proposition whether or not they will vote an annual tax, in any sum named in said order, not exceeding fifty cents on each one hundred dollars of property assessed in said proposed graded common school district, belonging to said white voters or corporations, or a poll tax in any sum named in said order, not exceeding one dollar and fifty cents per capita on each white male inhabitant over twenty-one years of age residing in said proposed graded common school district, or both an ad valorem and a poll tax, if so stated in the order, for the purpose of maintaining a graded common school in said proposed

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