Courts changed in District. from said section all that part which relates to the time of holding courts in the Second Circuit Court District, and inserting in lieu thereof the following: § 2. Second District-McCracken county, at PaSecond Judicial ducah, on the first Monday in January, Criminal term, eighteen days; first Monday in February, Civil term, forty-eight days; third Monday in April, Criminal term, eighteen days; third Monday in May, Civil term, thirty-six days; fourth Monday in September, Criminal term, eighteen days; fourth Monday in October, Civil term, thirty-six days. Repealing clause. § 3. Marshall county, at Benton, on the first Monday in April, twelve days; first Monday in July, eighteen days; second Monday in December, twelve days. § 4. All laws in conflict with this act are hereby repealed and this act shall take effect and be in force from and after the first day of September, 1908. Approved March 19, 1908. CHAPTER 21. AN ACT to amend Section 1541, Kentucky Statutes, Carroll's Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That section 1541 of the Kentucky Statutes, Carroll's Edition 1903, be, and the same is hereby amended by adding after the word "sheriff” in line four, the words, "and judge, whose duty it is to accompany him," and by adding to said section the following words: "The fiscal court shall, at its regular October term, provide for the payment of all Judges of Reg the election officers of the ensuing November election, which payment shall be made out of the levy of the Providing mileage for ular Elections. year in which the services are rendered, or out of any money in the hands of the treasurer or sheriff not otherwise appropriated," so that said section, as amended shall read as follows: Officers of election shall receive pay as follows: Judges, two dollars each; sheriffs, two dollars each; clerks, two dollars each. In all elections to fill vacancies, the same fees. For delivering election returns the sheriff and judge, whose duty it is to accompany him, shall also receive eight cents for each mile necessarily traveled from the place of voting to and from the place of delivery. The fiscal court shall, at its regular October term, provide for the payment of all election officers of the ensuing November election, which payment shall be made out of the levy of the year in which the services are rendered, or out of any money in the hands of the treasurer or sheriff not otherwise appropriated." § 2. All acts or part of acts in conflict herewith are hereby repealed. Approved March 19, 1908. CHAPTER 22. AN ACT to amend an Act approved March 13,, 1906, entitled: "An Act to amend an Act, entitled 'An Act for the Government of cities of the Second Class in the Commonwealth of Kentucky." Approved March 19, 1894. Be it enacted by the General Assembly of the Commonwealth of Kentucky: $1. That an act approved March 13, 1906, entitled "An act to amend an act, entitled 'An act for the Government of cities of the second class in the Commonwealth of Kentucky,' approved March 19, 1894," be, and the same is, amended by repealing section 3 thereof and by enacting the following in lieu thereof: "Whenever it is deemed advisable to annex any city of the second, third or fourth class to the city, the general council of the city proposing to annex such city shall pass an ordinance or resolution declaring it desirable to annex the same and providing that the question of whether or not such city be annexed shail be submitted to the qualified voters thereof at the voting on ques- next regular election to be held therein. The mayor of the city proposing to annex shall certify the action of the city to the county clerk of the county, who shall, on the ballots provided for use in the city proposed to be annexed, have printed thereon the question: "Are you in favor of annexing to the city of-- Manner of tion of annexa tion. filling in the blank with the name of the city proposing to annex, and opposite said question he shall print "Yes" and "No," with the proper squares for stamping the cross mark to indicate preference. If a majority, or more, of those voting on the proposition shall vote in favor of annexing, then the city propos ing to annex shall pass an ordinance declaring such city annexed, and such city shall therefrom become a part of the city." Approved March 19, 1908. CHAPTER 23. AN ACT to amend sub-section one of 2412a, article 8, Chapter 16, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That subsection 1, of section 2412a, article 8, chapter 76, Kentucky Statutes, Carroll's Edition of 1903, be, and the same is hereby amended by adding thereto the following; "Provided, That the provisions of this act shall not apply to any stream that has been declared by the General Assembly of the Commonwealth of Kentucky to be a navigable stream, to the extent of the part thereof that has been so declared navigable, nor shall it apply to any stream emptying into a navigable stream up to the highest point thereon reached by back water from such navigable stream, provided the back water in the stream, to be exempted from this act, reaches a poin: thereon five miles or more above its confluence;" so that subsection when amended shall read as follows: Non-naviga "That hereafter whenever a public ditch, constructed as provided in the act of July 10, 1893, for the blar streams dedrainage of wet lands, chapter 76, article 8, of the "ditches.' Kentucky Statutes, as amended by the act which became a law March 23, 1900, without the signature of the Governor, empties into a creek in the State of Kentucky, said creek, from the mouth of said ditch to the mouth of the creek, is hereby declared to be, to all intents and purposes, a public ditch, and subject to the law set forth in said act and amended act: Provided, That the provisions of this act shall not apply to any stream that has been declared by the General Assembly of the Commonwealth of Kentucky to be a navigable stream, to the extent of the part thereof that has been so declared navigable, nor shall it apply to any stream emptying into a navigable stream up to the highest point thereon reached by back water from such navigable stream, provided the back water in the stream, to be exempted from this act, reaches a point thereon five miles or more above its confluence." § 2. All acts or parts of acts in conflict with this act are hereby repealed. Approved March 19, 1908. CHAPTER 24. AN ACT providing for removal of the remains of Thos. F. Marshall, and making an appropriation for the expense thereof. WHEREAS, the remains of Thomas Francis Marshall lie buried on a farm once owned by him about two miles from Versailles, Ky., and which is about to be sold, and said Marshall left no linea! descendants, and WHEREAS, the said Marshall was several times a member of the General Assembly of Kentucky, a member of the Federal Congress from the Ashland District, a distinguished officer of the Mexican war, and one of the famous orators of the nation, whose life-history sheds lustre upon this, his native State, and his collateral kinspeople now living favor this act, therefore Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the Auditor of Public Accounts be, and he is hereby, directed to cause the remains of said Marshall to be exhumed, and re-interred in the Cemetery at Frankfort, in the plat where other Mexican War veterans lie buried, and to cause his name and rank thus "Captain Thos. F. Marshall" to be carved at a proper place upon the monument marking said burial-place, and he is directed to draw his warrant upon the Treasurer for a sum not exceeding one hundred dollars, payable out of any money in the Treasury not otherwise appropriated, in payment of the expense incident to so doing. Approved March 19, 1908. |