seer to the sheriff, a constable, town marshal, or the jailer of said county, by whom one copy shall be delivered to the overseer named therein, within fifteen days thereafter. Said order shall contain a description of the precinct allotted to each overseer. The sheriff or other officer delivering such order shall return the other copy, with the endorsement of service to the county court. For each failure of said clerk, sheriff, or other officer to discharge the duties herein required, such officer shall be fined five dollars. The said overseers shall be exempt from service on juries and from poll-tax for road and bridge purposes; and for failure to perform the duties herein required of them shall, for each offense, be fined from five dollars to twenty-five dollars. The fines imposed under this section to be recovered on warrants issued by and tried before the judge of the quarterly court, or by indictment of the grand jury, and trial in the circuit court." Approved March 22, 1904. CHAPTER 91. AN ACT to amend section two hundred and thirty-eight, of an act, entitled "An Act for the government of cities of the third class,"" approved June 14, 1893, being section 3477, Kentucky Statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section two hundred and thirty-eight of an act entitled, "An act for the government of cities of the third class," approved June fourteenth, one thous and eight hundred and ninety-three, being section 3477 of the Kentucky General Statutes, be, and the same is hereby amended by striking out the words "at a salary," the following: "not exceeding one hundred dollars per annum," and inserting in lieu thereof the words, "to be fixed by the Board." So that when amended it shall read as follows: "§ 238. Said Board of Education shall elect from its own number a president, for the term of two years, and may prescribe who shall preside in his absence, and make all necessary rules prescribing the duties of the presiding officer and the government of itself; and said Board shall also elect a secretary, at a salary to be fixed by the Board, whose duty it shall be to keep a record of the proceedings of all regular and special meetings, countersign all warrants and contracts, and whose term of office shall be two years." Approved March 22, 1904. When unlawful for clerk to certify. When two or more patents have CHAPTER 92. AN ACT to prohibit fraudulent certification of land titles in this Be it enacted by the General Assembly of the Com monwealth of Kentucky: § 1. That it shall be unlawful for any county court clerk or other officer of this State, or of any county thereof, to officially certify to any abstract or statement of title to lands in this Commonwealth, where such lands are in the actual possession of another than the person or corporation shown to be the owner by said abstract or certificate, when such person in possession is claiming said lands under title adverse to that shown in such abstract or certificate. § 2. If two or more patents have been issued for issued for the same the same land, whether by this Commonwealth or by the land. Commonwealth of Virginia, it shall be unlawful for any county court clerk or other officer of this State, or of any county thereof, to officially certify that the records show, or the fact to be, that said title is in either or any of said patentees, or in any person claiming under either or any of said patents. § 3. For each offense of the clerk or officer so certifying to such abstract shall, upon conviction, to be recovered by indictment or penal action, be fined not less than one hundred and not more than five hundred dollars. In addition thereto, such officer shall be liable personally and on his official bond to the person in possession of such lands, and to any and all other persons aggrieved thereby, to an action for damages sustained by such person or persons by reason of such certificate. Approved March 22, 1904. Penalty. CHAPTER 93. AN ACT to amend an act, entitled "An Act to amend an act, entitled an act to further regulate elections." approved October 24, 1900. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Amends act of § 1. That section 2 of an act entitled, "An act to amend an act, entitled An act to further regulate elec- 1900. tions," approved October 24, 1900, be, and the same is, hereby amended by striking out of said section the words, "in counties where there is no sheriff or where from other causes the sheriff can not act, the circuit court clerk shall act in his place," where they appear immediately after the words, "as his predecessor," in the latter part of said section, and inserting in lieu thereof County board of election commissioners. Qualifications of members, their appointment, etc. the words, "in counties where there is no sheriff, and in counties containing cities of the second class, or where, from any cause the sheriff can not act, the circuit court clerk of the county, by virtue of his office, shall be a member of said Board instead of the sheriff, and shall act in the place of and is given all the rights and powers that are given to sheriffs under this section," so that said section, as amended and as re-enacted, shall read as follows: "§ 2. A county Board of Election Commissioners is hereby created, which shall consist of two commissioners, who shall hold their office for one year and until their successors are appointed and qualified. They shall be citizens and electors of the county from which they are appointed, and not less than twenty-five years old. They shall be appointed by the State Board of Election Commissioners. The two members of said County Board of Commissioners shall be appointed one each from five names designated in writing, if any are so designated, by each of the County Executive Committees of the two political parties that poll the largest number of votes in the State at the last preceding election for State officers or presidential electors, one of said two commissioners to be appointed from each of the two said parties: Provided, If there be two or more contending executive committees of the same party in the county, then that County Executive Committee which is recognized by the State Central Committee, by the written certificate of the chairman thereof, shall be recognized by the State Commission in making their appointments. The sheriff of the county, by virtue of his office, shall be a member of said Board, and shall preside at its meetings, and in case of disagreement, between the other members of said Board acting as umpire he shall be permitted to vote. Said appointment by the State Board shall be made annually in the month of August. Said County Commissioners shall qualify by taking before the clerk of the county court an oath faithfully to perform their duties according to law. Said clerk shall make a certificate thereof, which shall be filed in his office. The Board shall choose one of its members secretary, who shall keep a record of its proceedings, which shall be a public record and kept in the office of the county court clerk. A majority of said Board, consisting of the two members appointed as aforesaid from said two political parties, or one of said two members and the sheriff of the county, shall constitute a quorum for the transaction of the business of the Board. A majority of said Board shall make any order or do any act the Board is authorized or empowered to do. If a vacancy shall occur in the Board, it shall be filled by appointment by the State Board from names already designated to the State Board as hereinbefore provided; and the member so appointed shall be of the same political party as his predecessor. In counties where there is no sheriff, and in counties containing cities of the second class, or where, from any cause, the sheriff can not act, the circuit court clerk of the county, by virtue of his office, shall be a member of said Board instead of the sheriff, and shall act in the place of and is given all the rights and powers that are given to sheriffs under this section. Resignations from said Board shall be in writing, directed to the State Board and filed with the secretary thereof. Due notice in writing of every meeting of said Board shall be given to each member thereof. § 2. This act shall take effect and be in full force and effect from and after its passage. Approved March 22, 1904. |