wealth of Kentucky for the year 1906, be and the same is hereby amended and re-enacted so as to read as follows:

Such persons so entering into such an agreement or contract as is set out in the foregoing sections are hereby permitted to select an agent or agents through or by or with whom said parties so entering into such agreement may classify, grade, store, hold, sell, or dispose of said crop, or any of them, and said agent or agents shall have the right to take, receive, hold, store, classify, grade, sell or dispose of said crop so placed in said agreement, for the purpose of accomplishing the object of such combination or agreement between such principals, and contracts and agreements entered into by such agent or agents for the purpose of classifying, grading, storing, holding, selling or disposing of said crop so combined, united or pooled, either in parcel or as a whole, are hereby permitted, and shall not, because of any such combination or purpose of such original agreement of such principals so entering into said combination, or of such agent or agents, be declared illegal or invalid. All contracts heretofore made by any person or persons for the purposes set out in the foregoing sections are hereby declared valid, if otherwise legally Injunction binding on the parties. To prevent any breach or prevent breach violation of any contract made for the purposes set out in the foregoing sections a restraining order and writ of injunction may be issued by proper officer, as prescribed in the Civil Code of Practice.

may issue to

of contract.

be recovered

contract.

For any breach or violation of any contract entered into for the purposes set out in the foregoing sections, the injured party may recover the damages sustained Damages may by him by reason of such violation of such contract of for breach of the person violating the same, and also of any person who shall induce or persuade another to violate such contract, which damages shall include the reasonable expense and attorney's fees incurred by the injured party in prosecuting an action to recover such

breach of contract.

damages, or to prevent a violation of such contract, if the party complaining shall succeed in doing so, which may be recovered in the same action or original proceeding. Said agent when so selected as herein Penalty for provided shall have the sole right to sell said crop so pooled or combined, and it shall be unlawful for any owner of such crop to sell or dispose of same and for any person to knowingly purchase the same without the written consent of such agent, and upon conviction thereof he or they shall be fined in any sum or amount not exceeding $250.00 for each offense, to be fixed by the jury in their discretion.

Emergency.

§ 2. WHEREAS, many crops of tobacco and other products have been combined and pooled in this State, under contract and agreement entered into for the purposes set out in the above section, an emergency is now declared to exist, which requires that this act should and it shall take effect from and after its passage and approval by the Governor.

Approved March 13, 1908.

Penalties fixed.

CHAPTER 9.

AN ACT to prevent the sale or transfer of Personal Property where the posession is in one person and the Title thereto is vested in another.

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

§ 1. It shall be unlawful for any person having the possession of personal property, the title to which is vested in another to sell or otherwise dispose of such property without the written consent of the person in whom the title is vested. Any person guilty of such offense shall be fined not less than One Hundred Dollars, nor more than Five Hundred Dollars for each

offense. Any person having notice of the manner in which such property is held, who shall purchase it of the person having the possession thereof, or of any other person, without the written consent of the person in whom the title is vested, shall be fined not less than One Hundred Dollars, nor more than One Thousand Dollars for each offense.

§ 2. An emergency exists for the immediate operation of this law, therefore, the same shall be in force from and after its enactment.

Approved March 24, 1908.

CHAPTER 10.

AN ACT relating to assessment of property for taxation.

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

Assessment in cases of des

truction of as

sessors' list and

$1. That if it shall appear to the judge of the county court of any county in this Commonwealth, that the tax books, or schedules of any assessment, tax books. shall have been duly returned by the county assessor of such county to the county clerk, and that the same shall have been destroyed by fire, or shall otherwise have become lost, mutilated or destroyed, and it shall also appear that the same is true of the tax books, or schedules for the previous year, then it shall be lawful for the county judge of the county court in such county, to immediately cause the county assessor to make another assessment of the county, and this the county judge shall do by making an order on his order book, directing the county assessor to make such assessment, which assessment he shall complete, and return the tax books and schedules to the county clerk, within ninety days from the making of the

Repealing clause.

Emergency.

order directing him so to do. The assessor, in making such assessment, shall be governed by the same laws regulating the assessment of property which were in force September 1st, immediately preceding such assessment. The assessor shall receive the. same compensation for his services in making said assessment, and allowed and paid in the same way as is now provided by law; but this shall in nowise affect in any manner the payment to him of any salary which he has received, or may be due him, for services in making the assessment so burned, lost, mutilated or destroyed. Upon the return of the tax books and schedules by the assessor to the county clerk, of such assessment, the county judge in such county shall inmediately reconvene the board of county supervisors, who shall supervise said assessment, as is now provided by law for the supervising of regular assessments, and the duties of the county clerk relative to said assessment shall be the same as of a regular assessment.

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

§ 3. That the provisions of this act shall become operative at as early a date as possible, an emergency is declared to exist, and, therefore, this act shall take effect from and after its passage.

Approved March 17, 1908.

CHAPTER 11.

AN ACT to accept the provisions of an act passed by the Congress of the United States and approved March 16, 1906, to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditures thereof.

WHEREAS, The Congress of the United States passed an act, entitled "An act to provide for an in

creased annual appropriation for Agricultural Experiment Stations and regulating the expenditure thereof," approved March 16, 1906; and

WHEREAS, By section 2 of the said act the grants of money authorized by the said act are made subject to the legislative assent of the several States and Territories to the purpose of said grants: Provided, That payment of such installments of the appropriation herein made as shall become due to any State or Territory before the adjournment of the regular session Legistlature meeting next after the passage of this act shall be made upon the assent of the Governor thereof, duly certified by the Secretary of the Treasury; and

WHEREAS, The last Legislature of this State had adjourned prior to March 16, 1906; and

WHEREAS, The Governor of the State certified to the Secretary of the Treasury that the Legislature was not in session and accepted the provisions of said act for this State until the meeting of the next Legislature; therefore,

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

§ 1. That the assent of the legislature of this Commonwealth be, and is hereby, given to the provisions of the act, entitled "An act to provide for an increased annual appropriation for Agricultural Experiment Stations and regulating the expenditures thereof."

$2. That the Governor of this Commonwealth send a certified copy thereof to the Secretary of the Treasury of the United States.

§ 3. WHEREAS, The appropriation will cease upon the adjournment of the Legislature, unless this act be then in effect, an emergency is hereby declared to exist, and this act shall take effect and become a law from and after its passage and approval.

Approved March 11, 1908.