Usual commercial way is diligence.

CHAPTER 26.

AN ACT in regard to the collection of checks and drafts.

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

§ 1. That in order to hold the maker, indorser, guarantor, or surety of any check or draft deposited with or forwarded to any individual or bank for collection, or owned by any individual or bank, it shall be sufficient for said individual or bank to forward the same in the usual commercial way now in use, according to the regular course of business, and the same shall be considered due diligence in the collection of such check or draft.

§ 2. All laws which are in conflict with this act are hereby repealed.

Approved March 11, 1904.

Additional clerical

force.

CHAPTER 27.

AN ACT appropriating an additional sum of money for clerk hie in the office of the State treasurer.

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

1. There is hereby appropriated the sum of fifteen hundred dollars per annum to the State Treasurer, for the purpose of securing additional clerical force in his office.

§ 2. WHEREAS, There is an urgent need for said additional clerk hire, an emergency is hereby declared to exist, and this act shall take effect upon its passage and approval.

Approved March 12, 1904.

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:

school fund.

§ 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, No- Distribution of vember 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."

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 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.

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 All laws and parts of laws in conflict herewith are hereby repealed.

Approved March 12, 1904.

Λ

CHAPTER. 29.

AN ACT to regulate crime and fix the punishment therefor.

Be it enacted by the General Assembly of the Com

monwealth 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 necessary 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 regis-
tration of other voters in the State. Where registra-
tion is required, only persons registered shall have the
right to vote. The mode of registration shall be pre-
scribed 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 elec-
tions by the people shall also be viva voce and made a
matter of public record by the officers of election, ac-
cording to the direction of the voter. The word 'elec-
tions' 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.