the Governor, and any unexpended balance shall be turned back into the Treasury.

$ 12. In consideration of the widespread demand for information concerning the mineral and other natural resources of the State, the fact that the editions of most of the geological reports and maps that have hitherto been issued are exhausted, and the necessity for expedition in the prosecution of the work provided for by this act, an emergency is hereby declared, and this act shall take effect upon its approval by the Governor; but the foregoing appropriations shall only be for two

years.

Approved March 5, 1904.

Assistant's com

pensation not to ex

CHAPTER 20.

AN ACT to amend an act, entitled "An act for the relief of the
Court of Appeals," approved October 5, 1900.

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

1. That section one of an act, entitled "An act card $100 per month. for the relief of the Court of Appeals," approved October 5, 1900, be stricken out and the following inserted in lieu thereof:

"That the judges of the Court of Appeals are hereby empowered to employ clerical assistance for each of said judges, and fix the compensation to be paid such assistants. Such compensation shall be paid monthly out of the treasury upon the warrant of the Auditor of Public Accounts, which shall be issued upon the certificate of the Chief Justice; and the compensation of such assistants shall not exceed for each assistant one hundred dollars a month. Such assistants shall be sub

ject to removal at the pleasure of said judges and shall not practice law or accept any employment or render any service as attorney or counsellor-at-law in the Court of Appeals.

§ 2. Because of the necessity of the clerical assistance herein provided for, there is an emergency that this act take immediate effect, and this act shall take effect upon its approval by the Governor, or its passage. Approved March 8, 1904.

CHAPTER 21.

AN ACT to amend an act, entitled "An act for the creation and regulation of private corporations," being an act relating to services of the clerical and actuarial assistance necessary to the discharge of the duties devolving by law on the insurance department, or on the commissioner.

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

§ 1. That an act entitled "An act for the creation and regulation of private corporations," which act was amended by the act of the General Assembly in 1894, being section 747, Kentucky Statutes. of 1903, be, and the same is hereby amended as follows:

"Striking therefrom the words "thirty-five hundred dollars," and inserting in lieu thereof, "five thousand dollars," so that the same shall read as follows when amended:

The Insurance Commissioner shall receive an annual salary of three thousand dollars per year, and the deputy shall receive two thousand dollars per year. There shall also be paid five thousand dollars to secure the clerical and actuarial assistance necessary to the discharge of all the duties devolving by law on the Insur

Salaries and clerical assistance.

ance Department, or on the Commissioner. The salaries shall be paid monthly out of the Treasury of the Commonwealth, out of the insurance fund, in the same manner as other salaries are paid, and the other expenses of the Department shall be paid out of the same fund by the warrant of the Auditor, upon vouchers signed by the Commissioner.

Became a law March 8, 1904, the Governor not having approved or disapproved the same within the time prescribed by the Constitution.

CHAPTER 22.

AN ACT regulating the sales of stocks of merchandise in bulk, or a portion thereof, out of the usual course of business, for the purpose of preventing fraud upon creditors, and fixing a penalty therefor.

Fraudulent and

void sales of mer

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

$ 1. A sale by a merchant engaged in business in chandise in bulk. this State, of any portion of a stock of merchandise, otherwise than in the ordinary course of his trade, and in the regular and usual prosecution of his business, or a sale of an entire stock of merchandise in bulk by such merchant, shall be fraudulent and void, as against the creditors of the seller arising out of said stock of merchandise, unless the purchaser shall, at least five days before the consummation of the sale, in good faith, for the purpose of giving the notice herein required, make inquiry of the seller as to the names and places of residence, or places of business of each and all of the creditors of the seller, arising out of said business, and unless the purchaser, at least five days before the consummation of the sale, shall notify, or use rea

sonable diligence to cause to be notified, personally,
each of the seller's said creditors, or shall deposit in
the mail a registered letter of notice, postage prepaid,
addressed to each of the seller's said creditors at his post
office address, according to the information furnished
by the seller of said proposed sale. Said information
shall be by written statement by the seller and the pur-
chaser shall not be responsible to any creditor not men-
tioned in said written statement. If the purchaser
fail to give such notice as herein required, he shall hold
the merchandise so purchased for the use and benefit of
all the creditors of the seller, and shall be responsible
to them for the fair value of such part thereof as he, the
purchaser, may have transferred or conveyed to others.
Nothing in this act shall be deemed or construed in any-
wise to authorize or validate any sale made with intent
to delay, hinder or defraud creditors, purchasers or
other persons, but such sales made with such intent
shall be governed and controlled as provided by an act
of the General Assembly, approved December 20, 1892,
entitled "Au act in relation to fraudulent and prefer-
éntial conveyances, and entitled 'Fraudulent and Pref-
erential Conveyances," and the amendments thereto.

Actions must be instituted within 90

§ 2. All civil actions brought under this act shall
be instituted within ninety days of the consummation days
of the sale.

guilty of misde

ceals facts.

રી

§ 3. The seller shall make full and truthful answer Seller deemed to each and all of the inquiries made of him by the pur- meanor if he chaser, as required in section 1, and if such seller shall knowingly and wilfully make or deliver, or cause to be made or delivered, to said purchaser any false answer to such inquiries, or shall induce a sale by refusing to make answer to such inquiries, or by fraudulently claiming or pretending ignorance of the matters called for by such inquiries, then in each of said cases said seller

con

Sales excepted

shall be deemed guilty of a misdemeanor, and upon indictment and conviction thereof in the county where said acts are done, he shall be punished, in the discretion of the jury, by a fine of not less than one hundred nor more than five hundred dollars, or by confinement in the county jail not less than thirty days nor more than six months, or both so fined and imprisoned.

§ 4. Nothing contained in this act shall apply to sales made under any order of a court, or to any sales made by executors, assignees, administrators, receivers, or any public officer in his official capacity, or by any officer of a court.

Provided, That nothing in this act shall be so construed as to give any manufacturer, wholesale merchant or jobber any right to or lien on any merchandise or article in any stock of goods, except goods sold and delivered by such manufacturer, wholesale merchant or jobber.

Became a law March 8, 1904, he Governor not having approved or disapproved the same within the time prescribed by the Constitu

tion.

Appellate Court District.

CHAPTER 23.

AN ACT assigning the county of Beckham to various districts, and fixing the time of holding courts therein, and in the twentieth circuit court district to which it is assigned.

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

§ 1. That the county of Beckham is hereby assigned to the Sixth Appellate Court District, and said Appellate Court District shall be composed of the following counties, viz: Boone, Campbell, Kenton, Grant, Harrison, Pendleton, Bracken, Robertson, Nicholas,